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HomeMy WebLinkAbout2005-109 I I I I I I I I I I I I I I I I I I I Municipality of Clarington Zoning By-law 2005-109 For lands within the Oak Ridges Moraine June 6, 2005 C1{1[!!~~1011 - I I I I I I I I I I I I I I I I I I I INTRODUCTION The purpose of this Forward is to assist the reader in the use of the Zoning By-law. It provides an overview of how the By-law is organized, how to determine what a particular property may be used for, and the zoning regulations that apply to that property. ORGANIZATION OF THE ZONING BY-LAW The Zoning By-law is organized into four parts: Part I - Scope and Interpretation Sections 1 and 2 set out the provisions related to the administration, interpretation and use of the By-law. Definitions for terms that are used in the By-law are provided in Section 3. For a few of the defined terms, the reader is directed to either Sections 4, 5 or 6 of the By- law. In these cases, the definition is listed with the provisions or regulations that apply to the defined term. For example, the definition of "visibility triangle" is found in Section 4.11 together with the general development regulations that govern visibility triangles. Defined terms used in this By-law are indicated in italics. The definitions are listed alphabetically in Section 3. Where part of a defined term is underlined, the reader is referred to the underlined term in Section 3 to find the appropriate definition. For example, to find the definition of gross commercial floor area, the reader would look under the term floor area. Part II - General Provisions Sections 4, 5 and 6 outline the provisions that apply to all areas covered by the By- law regardless of the zoning on a parcel of land. Section 4, General Development Regulations, regulates such matters as accessory buildings and visibility triangles, while Section 5, Special Land Uses Provisions, regulates uses such as home occupations and temporary dwellings. Section 6, Off-Street Parking and Loading, provides regulations governing the provision of off-street parking and loading. When determining the permitted uses and the zoning regulations that apply to a specific property, the general provisions in these three sections should be reviewed in conjunction with the specific zone provisions for the property set out in Part III. -j- I I I I I I I I I I I I I I I I I I I Part III - Zone Categories Sections 7 through to 17 set out the permitted uses and the regulations that govern how properties within each zone may be used. The zones are grouped into the following categories based on the type of use: Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Urban Residential Zone Category Rural Settlement Zone Category Commercial Zone Category Industrial Zone Category Institutional and Utility Zone Category Open Space Zone Category Agricultural Zone Category Aggregate Extraction Zone Category Temporary Zone Category Future Development Zone Category Major Recreation Zone Category A zone category consists of the Parent Zone, Permitted Uses, and Regulations followed by exceptions to the Parent Zone. The uses permitted for each of the zones within a specific zone category and the regulations that apply to each of the zones, are set out in tables and or text. The permitted uses and regulations for any exception zones follow the main body of the parent zone. Within the Major Recreation Zone Category, there are no Parent Zone uses or regulations provided. The Major Recreation Zone Category is comprised only of zones specific to a primary land use. Letters and numbers, both on the schedules and in the text of this by-law identify these zones. Part IV - Schedules The Schedules contain the maps on which the specific zoning for individual properties is shown. The mapping is organized as follows: . Schedule E Schedule E is divided into a number of smaller maps for ease of reference. Index Maps for each Schedule are provided to indicate which of the smaller maps a property is located on. Street names and the lot lines for individual properties are indicated on the Schedules to make it easier to determine the specific zone within which a property is located. The zones are illustrated on the Schedules through the use of colour specific to a zone category andlor a zone symbol that consists of a letter and/or a number (eg. RS1). Exception zones are indicated by adding a hyphen and a number to the parent zone symbol (eg. RS1-1). - ii - - I I I I I I I I I I I I I I I I I I I HOW TO USE THE TABLES Tables have been used in the Zoning By-law to present the provisions of the By-law in a concise manner. Two types of tables are used - Permitted Use tables and Regulation tables. The following basic rules will help the reader interpret the tables: 1. All regulations listed in a table are the minimum required, unless otherwise specified in the table. 2. All measurements in the table are provided in metric. abbreviations are used: "m" means "metres" "m2" means "square metres" "ha" means "hectares". The following 3. Notations are indicated with a subscript number in brackets (#). The notation directs the reader to a specific condition that applies to the permitted use or regulation. These notations are provided at the bottom of the table and are considered to be part of the table. Each type of table and its method of use are explained below. Permitted Use Tables These tables list the uses that are permitted in each zone. The individual zones are listed across the top of the table, while specific uses are listed along the left side of the table. Uses are grouped and are listed alphabetically within each group. As described in the legend, the letter "P" beside a use indicates that the use is permitted in the specified zone, while the symbol "-" indicates that the use is not permitted in the specified zone. The letter "P" followed by a notation (#) indicates that a use is permitted in the specified zone provided that the condition or conditions set out in the appropriate notation at the bottom of the table is satisfied. These notations are considered to be part of the table. If a use is specifically defined in this By-law, but not listed by a Permitted Use table as being permitted within a specific zone, then that use shall not be permitted in that zone. Regulation Tables The Regulation Tables in Part II (Sections 4, 5 and 6) list the regulations that apply to the uses permitted by the General Provisions. The symbol "ZR" (Zone Regulation) means that the relevant regulation of the zone in which the use is located applies. The notations (#) refer the reader to the special regulations that are set out at the bottom of the table. - iii - I I I I I I I I I I I I I I I I I I I The Regulations for the Zone Categories (Part III) list the regulations that apply to the uses permitted in each zone. Generally the regulations are grouped into distinct categories such as; lot area and lot frontage, vard setbacks, floor area, lot coverage, landscape area and height. Each zone category may group these regulations differently. Other regulations or regulations specific to a use may be identified individually. The symbol ";t" within a regulation table indicates that a regulation does not apply in the specified zone. The notations (#) refer the reader to special regulations that are set out at the bottom of the table. Exception Zones Exception Zones are not identified in tables, but appear after the Permitted Use table and Regulations of the Parent Zone. Exception Zones are provided for uses that are different than the Parent Zone and/or do not meet one or more regulations of the Parent Zone. For example, the Parent Zone for the "RS1-1" Exception Zone is "RS1". The regulations of the Parent Zone apply to the Exception Zone unless a different regulation is identified in which case the specific regulation listed applies. NON-CONFORMING USES When determining if a use is legal non-conforming in accordance with the provisions of Section 1.8 and the definitions found in Section 4.9, the following By-laws and their adoption dates shall be considered: Former Township of Darlington By-law 2111 adopted December 4, 1958 Former Township of Clarke By-law 1592 adopted May 23,1968 Former Town of Newcastle By-law 84-63 adopted September 10, 1984 - iv- - I I I I I I I I I I I I I I I I I I I Section 1 Scope of By-law THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-109 being a by-law to regulate the use of land, the erection of buildings or structures, the type of construction, the height, bulk, location, size, floor area, spacing, external design, character and use of buildings or structures within the Municipality of Clarington as shown on the map entitled "Oak Ridges Moraine Conservation Plan Land Use Designation Map" numbered 208, dated April 17, 2002 and on file in the offices of the Ministry of Municipal Affairs and Housing at Toronto (the Oak Ridges Moraine Boundary) WHEREAS it is considered desirable to control the use of land, the erection and use of buildings or structures within the Municipality of Clarington as shown on the map entitled "Oak Ridges Moraine Conservation Plan Land Use Designation Map" numbered 208, dated April 17 , 2002 and on file in the offices of the Ministry of Municipal Affairs and Housing at Toronto (the Oak Ridges Moraine Boundary) in accordance with Section 34 of the Planning Act; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts the following By-law: 1. SCOPE OF BY-LAW 1.1 Title 1.1.1 This By-law shall be cited as the "Municipality of Clarington Zoning By-law - 2005-109." 1.2 Purpose 1.2.1 The purpose of this Zoning By-law is to: a) implement the policies of the Provincial Oak Ridges Moraine Conservation Plan; b) implement the policies of the Clarington Official Plan; c) detail the use of land, buildings or structures for or except for such purposes as set out in this By-law; and 1-1 I I I I I I I I I I I I I I I I I I I Section 1 Scope of By-law 1.3 1.4 1.5 1.6 1.7 1.8 d) provide detailed regulations respecting the use of land and the location of buildings and structures. Legislative Authority 1.3.1 This Zoning By-law is passed by the Council of the Municipality of Clarington pursuant to the provisions of the Planning Act and the Oak Ridges Moraine Act. Area of Applicability 1.4.1 This By-law applies to the lands in the Municipality of Clarington within the Oak Ridges Moraine Plan Area as shown within the shaded on the Rural Area Index Maps attached to and forming part of this By-law. These lands are also referred to in this By-law as "lands above the 245 metre contour". Contents of By-law 1.5.1 All references in this By-law to sections, regulations, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5.2 Schedule E attached hereto, with the notations, zone boundaries, symbols and references shown thereon, show the area to which this By-law applies and shall form part of this By-law. 1.5.3 The Appendices do not form part of this By-law but are provided for the purposes of convenience only. Effective Date 1.6.1 Pursuant to the provisions of the Oak Ridges Moraine Conservation Act, 2001, this By-law shall come into force on the day it is approved by the Minister of Municipal Affairs and Housing. Repeal of Previous By-laws 1.7.1 RESERVED Use of Land, Buildings or Structures to Conform 1.8.1 No land shall be used and no building or structure shall be located, constructed, or used in whole or in part except in conformity with the provisions of this By-law. 1.8.2 No permit for the use of land or for the construction or use of any building or structure shall be issued where the proposed building, structure, or use is in violation of any provision contained in this By-law. 1-2 I I I I I I I I I I I I I I I I I I I Section 1 Scope of By-law 1.8.3 For the lands above the 245 metre contour, the provisions of this By-law shall not apply to the use of any land, building or structure for a purpose prohibited by this By-law, if the land, building or structure was lawfully used for that purpose on November 15, 2001 and continues to be used for that purpose. 1.8.4 The provisions of this By-law shall not apply to prevent the construction or use of any building or structure for a use not permitted by this By-law for which a permit has been issued under the Building Code Act prior to the date of passing of this By-law, so long as: a) the building or structure, when constructed, is used and continues to be used for the purpose for which it was constructed; and b) the permit has not been revoked under the Building Code Act. 1.9 Validity of By-law 1.9.1 The invalidity of the whole or any part of anyone or more provisions of this By-law does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law. 1.10 Relation to Other Government Requirements 1.10.1 This By-law shall not be construed so as to reduce or mitigate any restrictions or regulations lawfully imposed by the Municipality or by any government authority having jurisdiction to make such restrictions or regulations. 1.10.2 Compliance with this By-law does not relieve a property owner from full responsibility for complying with: a) the requirements of the Ontario Building Code; b) the requirements of any federal, provincial, regional, municipal, or conservation authority legislation; and c) the conditions of any caveat, covenant, easement, or other instrument affecting a building or land. 1-3 - I I I I I I I I I I I I I I I I I I I Section 2 Interpretation of By-law 2. INTERPRETATION OF BY-LAW 2.1 Zone Boundaries 2.2 Split Zoning 2.3 Permitted Uses 2.4 Regulations 2.5 Use of Singular and Plural 2.6 Measurements and Dimensions 2.7 Definitions 2.8 Floor Space Index 2.9 Meaning of Terms 2.10 Provincial Legislation 2.1 Zone Boundaries 2.1.1 Where a zone boundary shown on a Schedule coincides with a lot line or a street line, the zone boundary shall be deemed to be the lot line or street line in question. 2.1.2 Where a zone boundary shown on a Schedule lies within a lot, the location of the zone boundary shall be determined by the scale of the Schedule, unless the location of the zone boundary is specified by dimensions on a map that forms part of an amendment to this By-law. 2.2 Split Zoning 2.2.1 Where a lot is divided into more than one zone, by the zone category or the limit of the Municipality of Clarington Zoning By-law, each separately zoned portion of the lot shall be used in accordance with the use provisions for the applicable zone. All buildings, structures and uses shall conform to the applicable zone regulations for that zone as if each separately zoned portion was a lot. However, a) no lot shall have more than one dwelling on the whole of the lot except as specifically permitted by this By-law; and/or b) where this By-law limit divides a property, provided the use of that of the lot conforms, this By-law limit shall not be a zone limit for defining yard setbacks. 2.3 Permitted Uses 2.3.1 A use that is listed as being permitted shall only be permitted if it satisfies all applicable provisions of this By-law, including the regulations set out for the zone in which the use is permitted. 2-1 - I I I I I I I I I I I I I I I I I I I Section 2 Interpretation of By-law 2.3.2 In Permitted Use tables, the letter "P" beside a use indicates that the use is permitted in the specified zone. The letter "P" followed by a notation indicates that the use shall only be permitted in the specified zone provided that the condition(s) set out in the notation at the bottom of the table is satisfied and that it satisfies all applicable provisions of this By-law. These notations are considered to be part of the table. The symbol "-" indicates that the use is not permitted in the specific zone. 2.3.3 If a use is specifically defined in this By-law but not listed by a Permitted Use table as being permitted within a specific zone, then that use shall not be permitted in that zone. 2.3.4 If a use that is not defined by this By-law is not identified as being permitted in a zone, that use shall be permitted if, in the opinion of the Director of Planning Services or his designate, that use is similar in character or purpose to a use that is permitted in the zone, provided it satisfies all applicable requirements of this By-law. 2.4 Regulations 2.4.1 The Regulation Tables in Part II (Sections 4, 5 and 6) list the regulations that apply to the uses permitted by the General Provisions. The symbol "ZR" (Zone Regulation) means that the relevant regulation of the zone in which the use is located applies. The notations (#) refer the reader to the special regulations that are set out at the bottom of the table. 2.4.2 The Regulations for the Zone Categories (Part III) list the regulations that apply to the uses permitted in each zone. Generally the regulations are grouped into distinct categories such as; lot area and lot frontage, vard setbacks, floor area, lot coverage, landscape area and height. Each zone category may group these regulations differently. Other regulations or regulations specific to a use may be identified individually. The symbol ";0" within a regulation table indicates that a regulation does not apply in the specified zone. The notations (#) refer the reader to special regulations that are set out at the bottom of the table. 2.4.3 Where the regulations of a parent zone are different from that within a special land use provision the more restrictive provision shall apply. 2-2 - I I I I I I I I I I I I I I I I I I I Section 2 Interpretation of By-law 2.5 Use of Singular and Plural 2.5.1 When consistent with the context, words used in the singular include the plural, and words used in the plural include the singular, unless otherwise specified. 2.6 Measurements and Dimensions 2.6.1 All regulations contained in this By-law are the minimum required unless otherwise specified. All measurements and dimensions in this By-law are expressed in metric. 2.7 Definitions 2.7.1 Terms defined in this By-law are italicized and underlined for the purposes of convenience only. If a term defined by this By-law is not italicized and/or underlined, the definition provided by the By-law shall apply when consistent with the context. 2.8 Floor Space Index 2.8.1 Where the Floor Space Index (F.S.I.) for a property is indicated on a schedule, the letter "T" shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential". The numbers shall indicate the maximum F.S.I. for each type of use permitted for that property. 2.8.2 Where the maximum F.S.I. for a property indicated on a Schedule is different than the maximum F.S./ indicated in a specific zone, the F. S. I. indicated on the Schedule shall take precedence provided that the use meets all applicable regulations of this By-law. 2.9 Meaning of Terms 2.9.1 Where this By-law refers to "the Municipality", it shall mean The Corporation of the Municipality of Clarington. The word "Municipal" shall have the same meaning as "Municipality". 2.9.2 Where this By-law refers to "Council", it shall mean the Council of The Corporation of the Municipality of Clarington. 2.9.3 Where this By-law refers to "the Region", it shall mean The Corporation of the Regional Municipality of Durham. The word "Regional" shall have the same meaning as "Region". 2.9.4 Where this By-law refers to "the Province", it shall mean the Province of Ontario. The word "Provincial" shall have the same meaning as "Province". 2-3 - I I I I I I I I I I I I I I I I I I I Section 2 Interpretation of By-law 2.10 Provincial Legislation 2.10.1 All references to names of Acts of the Provincial Legislature in this By-law, unless otherwise noted, are references to the R.S.O. 1990 edition, as amended from time to time, including successor legislation. 2-4 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions 3.0 DEFINITIONS 3.1 The terms set out below shall have the following meanings: Abattoir An establishment where livestock, poultry or fur bearing animals are penned and slaughtered on a commercial basis, and may include the production and processing of meat products as accessory uses. Accessory See Section 4.1.1 a) for definition. Adult Entertainment Parlour An establishment in which goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations are provided as part of a trade, calling, business or occupation. The term "goods" includes books, magazines, pictures, slides, film, phonograph records, audio cassettes, compacts discs, or any other reading, viewing or listening matter. The terms "to provide", "services", and "services designed to appeal to erotic or sexual appetites or inclinations" are defined in the Municipal Act. Adult Home Care See Section 5.6.1 a) for definition. Agricultural Fairground Lands, buildings or structures used on a seasonal or temporary basis for an agricultural fair, including a farmers market, livestock show, rodeo, equestrian events and a carnival, and accessory uses such as a music concert, flea market, and concession stands. Agricultural Research Centre An establishment used for the purpose of conducting pure and applied research and experimentation in the field of agriculture, excluding all animals, and may include facilities such as lecture rooms, administrative offices, laboratories, display rooms, service and machine shops to serve the research center operation, green houses and outdoor growing areas. Agri-tourism Shall mean an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. An agri-tourism use shall be located on the same lot as a farm. An agri- tourism use may include a farm produce outlet. Agri-tourism may include the following uses: corn or hay maze; petting zoo; hayrides; sleigh rides; buggy or carriage rides; seasonal activities/events related to the farm and farm tours, but shall not include: restaurant, amusement park, special event, overnight camping or motorized recreational competition with the exception of tractor pulls. 3-1 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions Aisle See Section 6.3.1 a) for definition. Amenity Area An area that is designed and intended primarily for the leisure and recreation of the occupants of a building or site. . Common Amenity Area An amenity area provided for the common use of the occupants of a building or site. A common amenity area may be located either within a building or exterior to a building and may include such uses as games rooms, fitness rooms, swimming pools, children's playgrounds and similar indoor and outdoor recreational uses. The term common amenity area shall not include any lands zoned "Environmental Protection (EP)" or any landscaped area required by this By-law. . Private Amenity Area An amenity area immediately abutting a dwelling that is provided for the exclusive use of the occupants of the dwelling. Animal Enclosure A building, structure, fenced area or any combination of the three, that secures an animal from the public and is appropriately sized and constructed for the type of animal. Animal Enclosure Holding Space A secure secondary area, within an animal enclosure that allows for segregation of animals to enable cleaning maintenance or veterinary procedures. Animal Enclosure Security Area An area between the animal enclosure and the public, with separate locking doors or gates, providing a buffer zone to keep the public from the animals and the animals from escaping. Arena An establishment that has as its principal use such recreational activities as curling, skating, hockey, lacrosse, or similar athletic activity, and may include accessory uses such as dressing rooms, snack bars, restaurants, pro shops, and bleachers. Art Gallery An establishment open to the public where the principal use is the exhibition of paintings, photographs, sculptures, pottery, and other visual art. 3-2 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions Assembly Hall An establishment in which permanent or temporary seating is provided for an audience for athletic, civic, educational, entertainment, political, religious or social purposes. Athletic Field An area of land designed and used for the playing of organized sports such as baseball and soccer. The term athletic field may include accessory uses such as players' benches, spectators bleachers, and parking areas. Attached A building otherwise complete in itself that depends for structural support or complete enclosure upon a division wall shared in common with an abutting building. Attic The portion of a building situated wholly or in part under a roof, but which is not a storey or a one-half storey. Auction Centre An establishment used for the sale of goods, materials and vehicles by public auction. Merchandise, with the exception of animals, to be sold on the premises may be temporarily stored for a maximum of 30 consecutive days. . Livestock Auction Centre An auction centre where animals are auctioned. Animals to be auctioned are not permitted to be kept at the livestock auction centre for continuous periods exceeding 24 consecutive hours. Bank An establishment where money is deposited, kept, loaned or exchanged, and shall include a trust company or credit union. Banking Machine See Section 5.1.1 a) for definition. Banquet Hall An establishment used for banquets, wedding receptions or similar functions, for which food and beverages are prepared and served to guests on the premises. Bar An establishment that sells liquor under a provincial license and that may provide live entertainment andlor dancing. The term bar shall not include an adult entertainment parlour. 3-3 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions Basement The portion of a building between two floor levels that has less than 50% of it's height below the average finished grade of the lot on which the building is located. The term basement shall not include a cellar. Bed and Breakfast See Section 5.2.1 a) for definition Berm A man-made mound of earth used to provide visual or acoustic screening, or to protect property. Block Shall mean a group of lots which are bounded either by streets or a combination of streets, private roads, rivers, or railway lines or parks. Boarding or Rooming House A single detached dwellina in which the owner and/or his agent resides and provides sleeping accommodation and washroom facilities for a fee in furnished rooms, with or without the provision of meals. Boat Dock A structure to which recreational boats and watercraft are secured while in the water. The term boat dock shall not include a commercial dock facility. Boat House An accessory building or structure designed or used for the sheltering of a boat or other type of watercraft. Body-Rub The kneading, manipulation, rubbing, massaging, touching, or stimulating by any means, of a person's body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly licensed or registered under the laws of the Province of Ontario. Body-Rub Parlour An establishment were a body-rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly licensed or registered to do so under the laws of the Province of Ontario. Broadcast Studio An establishment used by a radio and/or television station to receive and/or broadcast telecommunication signals, and may include recording studios, communication towers, satellite dishes, and the parking of service and utility vehicles. 3-4 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions Broadcasting Centre An establishment used by a radio and/or television station for a broadcast studio and may include recording studios, communication towers, satellite dishes, the parking of service and utility vehicles. Breezeway A roofed connection between two or more buildings that may be partially enclosed by walls. Building A structure used for the shelter, accommodation or enclosure of persons, animals, goods, materials or equipment that is supported by columns or walls, has one or more floors, is covered by a roof and is permanently affixed to the land. . Apartment Building A building containing four or more dwellings that share a common entrance, common halls, stairs, elevators, and/or yards. . Block Townhouse Building A townhouse buildina which gains access to a street via a private road on a commonly held parcel of land and/or a common driveway. . Corporate Office Building An office buildina which is occupied by a single company and which serves as the corporate headquarters for the company. . Duplex Building A two storey building that is divided horizontally into two separate dwellings, with each dwelling having a separate entrance either directly from the outside or through a common vestibule. . Fourplex Building Two duplex buildinas attached vertically by a common wall extending from the base of the foundation to the roof. . Office Building A building containing at least two business or administrative offices and/or professional service offices, which includes common halls, stairs and/or elevators, and which may also include services principally for the occupants of the building such as a cafeteria and a snack bar. . Semi-Detached Building A building separated vertically into two separate dwellings, connected by a common wall, with each dwelling being located on a separate lot and having a separate entrance directly from the outside of the building. . Townhouse Building A building divided vertically or horizontally into a minimum of three separate dwellings, with each dwelling having a direct access from finished grade. 3-5 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Triplex Building A building divided horizontally into three separate dwellings, with access to each dwelling being provided through a common vestibule. Building Permit An approval issued by the Chief Building Official of the Municipality of Clarington pursuant to the Building Code Act. Building Supply Outlet An establishment where primarily lumber and masonry products are stored and sold. Bulk Fuel Distribution Establishment An establishment where fuel is stored in bulk fuel storage tanks and sold to the operators of commercial motor vehicles or to a commercial distributor or reseller of. the fuel. The term bulk fuel distribution establishment shall not include a motor vehicle fuel bar. Bunkhouse A building or mobile home located on a farm that is used for the accommodation of agricultural workers employed on the farm during the growing and harvest seasons. A bunkhouse shall consist of at least one bathroom and at least two habitable rooms that provide living, dining and sleeping accommodation in appropriate combinations. Bus Terminal An establishment where buses pick up and discharge fare-paying passengers and where buses are parked or housed on a temporary basis. The term bus terminal includes accessory uses such as a ticket office, parcel or luggage checking facilities, snack bar and a restaurant. Business or Administrative Office An establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency, a non-profit organization, or a charitable organization. Campground A parcel of land where individual sites are rented on a transient or seasonal basis for the placement of recreational trailers, recreational motor vehicles. or tents, for recreational or vacation purposes. Accessory uses such as washrooms and laundry facilities are permitted. Carport A roofed structure open on at least two sides that is accessory to a dwelling and used for the parking or storage of a motor vehicle. 3-6 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Caterer An establishment in which meals are prepared and delivered for consumption off the premises at a social event. The term caterer does not include a take-out restaurant. Cellar The portion of a building between two floor levels that has 50% or more of its height below the average finished grade of the lot on which the building is located. The term cellarshall not include a basement. Cemetery Lands, buildings and structures subject to the Cemeteries Act used for the internment of deceased persons. Accessory uses may include a mortuary, and a mausoleum, but shall not include a crematorium. Children's Home Care See Section 5.6.1 b) for definition. Commercial Dock Facility An area of land andlor a structure attached to the shore of Lake Ontario where material, excluding liquid or chemical petroleum products, is stored and loaded and unloaded from ships. The term commercial dock facility includes the stockpiling of solid bulk materials, but shall not include a warehouse, a bulk fuel distribution establishment, the storage of liquid materials, or the handling of transport containers. Common Wall A vertical wall separating two buildings between the top of the footings to the underside of the roof and that is mutually common to both buildings. Communication Tower A building or structure that transmits and/or receives telephone, telex, radio and/or television signals. The term communication tower shall not include buildings or structures used exclusively for dispatch communication. Concrete Batching Plant A plant where dry materials are weighed, batched and distributed to trucks as part of a process to produce concrete. The dry materials may be mixed with the water in the truck or mixed with water in a stationary mixer prior to being distributed to the truck. A concrete batching plant may include concrete recycling. Coniferous Planting Strip A landscape feature comprised of coniferous tree species planted in such a manner as to visually screen the view of one property from the adjacent property. 3-7 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Conservation The management of natural resources in order to protect, maintain and enhance natural features, functions and ecosystems, including reforestation, erosion control, habitat improvement, and the rehabilitation of degraded land to produce a state or condition more closely reflecting natural forms, processes and attributes. Conservation Authority A conservation authority having jurisdiction in the Municipality of Clarington. The term conservation authority shall include the Central Lake Ontario Conservation, the Ganaraska Region Conservation Authority, the Kawartha Region Conservation Authority, and the Otonabee Region Conservation Authority. Contractor's Yard An enclosed area where a contractor stores equipment, vehicles and materials used in the conduct of this business. Convention Centre An establishment designed to accommodate large gatherings of people for events such as conferences, meetings, rallies, and trade shows. The term convention centre includes restaurants and hotels. Corrections Residence A secure facility licensed, funded or approved by the Province within which the residents, who are on probation, on parole, or awaiting trial, or who have been admitted to the facility for correctional or rehabilitation purposes, live together under 24 hour supervision in a group living arrangement. Crematorium A building or structure erected for the purpose of cremating human bodies under the Cemeteries Act, as amended. A crematorium may include such accessory uses as a chapel and a columbarium, but shall not include a cemetery. Crisis Care Facility See Section 5.3.1 a) for definition. Day Care Centre An establishment licensed by the Province and used for the temporary care and education of children on a regular basis for continuous periods not exceeding 24 consecutive hours. The term day care centre shall not include a public school, a private school, or a school for trainable mentally challenged children operating under appropriate legislation. 3-8 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Deck A structure that is located a minimum of 0.2 metres above finished grade, that does not have a roof, and that is attached to or abutting one or more walls of a building or is constructed separate from the building. Drive-Through The use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive-through facility may be in combination with other uses such as a bank, dry cleaning establishment, dry cleaning distribution center, motor vehicle fuel bar, restaurant, or a store. Despite the above, a drive-through facility does not include a motor vehicle wash. Drive-Through Queue Aisle See Section 6.4.1 a) for definition. Driveway Shall mean that portion of a lot designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane. Dry Cleaners Distribution Centre An establishment used for the collection and distribution of clothing andlor fabric articles which are dry-cleaned off the premises and for the pressing of any such clothing or articles. Dry Cleaning Establishment An establishment used for dry-cleaning, dry dyeing, cleaning, stain removal, or processing of clothing andlor fabric articles for a fee, only through the use of non-combustible and non-flammable solvents which emit no odours or fumes. The term dry cleaners establishment shall include a dry cleaning distribution centre. Dwelling Two or more habitable rooms designed or intended for use by one household, in which washroom facilities and one kitchen are provided for the exclusive use of the household. The term dwelling does not include a tent, a trailer, or a room or a group of rooms in a boarding or rooming house, a retirement home, a hotel, or a motel. . Apartment Dwelling A dwelling located either within an apartment buildina or a building that contains other uses permitted by this By-law. 3-9 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Bachelor Apartment Dwelling An apartment dwellina consisting of a maximum of two habitable rooms for living, dining, sleeping and kitchen accommodation in appropriate combination, and not more than one washroom. . Block Townhouse Dwelling A townhouse dwellina located in a block townhouse buildina. . In-House Apartment Dwelling An apartment dwellina located within a permitted single detached dwellina or semi-detached dwellina created through converting part of or adding onto the principal dwelling. . Semi-Detached Dwelling One of the two dwellings located in a semi-detached building, but not including an in-house apartment dwelling. . Single Detached Dwelling A completely detached building containing one dwelling. . Street Townhouse Dwelling A townhouse dwellina which fronts onto a street, is separated vertically from the other dwellings in the townhouse buildina, and has a separate entrance. . Townhouse Dwelling A dwelling located within a townhouse buildina. Established Building Line See Section 4.12.1 a) definition. Establishment A building, structure and/or area of land within or on which an activity referred to in this By-law is conducted. Existing a) A use, building or structure that was legally in existence on November 15, 2001, for all of the lands above the 245 metre contour. Exotic Animal Birds of prey, canines and felines excluding the domestic cat and dog, non-human primates, bears, elephants, crocodiles, venomous reptiles, boas and similar snakes, and any other animal that is not customarily raised or kept as part of a farm. Fa!(ade The exterior wall of a building facing a street or private road. 3-10 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Principal Fac;ade In the case of a building located on an exterior lot or a through lot, the facade within which the principal entrance to the building is located. Farm Land, buildings and structures used for the general practice of agriculture such as the growing of plants, and the raising and keeping of animals for food production or other purposes. The term farm may include a farm produce stand and a "pick-your-own" farm as accessory uses and such other activities as are customarily carried out in the practice of agriculture, but shall not include an abattoir, a kennel, a garden and nursery center, riding stable, riding arena, greenhouse, sod farm or the keeping of exotic animals. . Fur Farm An establishment where mink, chinchillas, rabbits and similar sott-haired animals are raised for the purposes of harvesting their fur or hair. . Sod Farm Land where grass is grown on a commercial basis, and removed and transported, together with its supporting topsoil, for use in landscaping. Farm Equipment and Supply Store A store that provides farm equipment and farm supplies, and that may include facilities for the repair and maintenance of farm equipment as an accessory use. Farm Occupation An accessory use conducted on a farm, directly related to the farm operation, clearly secondary to the agricultural use of the farm, does not change the character or use of the farm for agricultural purposes, does not significantly alter the appearance of the farm operation and does not create or become a public nuisance particularly in respect to noise, traffic or parking. . Farm Produce Outlet A building that is accessory to a farm and located on the same lot, in which fresh fruits, grains, grasses and vegetables grown on the farm unit are offered for sale, but may also include the limited sale of value-added farm products made from the produce grown on the farm, such as jam, pies, honey, wine or dairy products. The limited sale of preserving supplies, home crafts, flowers and bedding plants grown locally may also be included. A farm produce outlet shall have a maximum floor area and outdoor product display area of 95 m2. The sale of meat and meat products, breakfast cereal, tobacco products, coffee, refreshments and food for consumption on the premises, housewares, paper products, magazines, soap, pharmaceutical products is not permitted. The sale of 3-11 I I I I I I I I I I I I I I I I I I I Section 3 Definitions lottery tickets and similar products not typically produced within the agricultural community is also not permitted. Farm Produce Stand A building or structure accessory to a farm in which fresh fruits, grains, grasses and vegetables grown on the farm unit are offered for sale. The limited sale of value-added farm products made from the produce grown on the farm, such as jam, pies and honey, is also permitted. A farm produce stand shall have a maximum floor area and outdoor product display area of 25 m2. Farm Produce Warehouse A warehouse used for the storage and wholesale distribution of farm produce, and may include a store for the sale of such farm produce as an accessory use. . Farm Winery Buildings and structures accessory to a farm within which wine is produced from locally grown fruit. A farm winery may also include facilities for the storage and bottling of the wine. Farmers Market An accessory use conducted on a farm which is clearly secondary to the agricultural use of the farm, does not change the character or use of the farm for agricultural purposes, does not significantly alter the appearance of the farm operation and does not create or become a public nuisance particularly in respect to noise, traffic or parking. Financial Office An establishment where financial advice or services are provided to persons and businesses. The term financial office includes the offices of a finance company, mortgage company, insurance company, financial advisor, financial broker, and an investment company, but does not include a bank. Finished Grade The lowest elevation of the finished surface of the ground abutting the exterior walls of a building or structure. Fitness Centre An establishment that provides facilities for recreational or athletic activities, including but not limited to body-building and exercise classes. Flea Market An establishment where floor space is made available to two or more individual retail operators, and where the space allocated to each retail operator is not physically separated by walls which extend from the floor to ceiling from the space allocated to other retail operators. 3-12 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Floor Area The total horizontal area of a floor or floors. . Gross Commercial Floor Area The total of the floor area of each floor measured from the exterior face of the exterior walls, whether such floor is above or below finished grade, that is designed andlor used for commercial purposes permitted by the By-law, but excluding any part of the buifding used for mechanical equipment, parking, loading, common garbage storage, elevators, stairs or storage below finished grade. Where a floor is used for both residential and commercial uses permitted by this By-law, the gross commercial floor area shall be measured from the exterior face of exterior walls andlor the centre line of interior walls separating the commercial uses from the residential uses. . Gross Residential Floor Area The total of the floor area of each floor measured from the exterior face of the exterior walls, excluding garages, mechanical equipment, parking, loading, common garbage storage, elevators, stairs, cellars, unfinished attics, and sunrooms that are not habitable year round. Where two or more dwe/Jings share a common wall, gross residential floor area shall be measured from the centre line of the common wall. In the case of an apartment buifdina or a block townhouse buifdina. gross residential floor area shall also include common indoor areas located within the same buifding or on the same lot. Where a floor is used for both residential and commercial uses permitted by this By-law, the gross residential floor area shall be measured from the exterior face of exterior walls andlor the centre line of interior walls separating the residential uses from the commercial uses. . Gross Leasable Floor Area That portion of gross commercial floor area that is designed for the occupancy and exclusive use of tenants and that is capable of accommodating uses such as sales, display, storage or offices, and excludes public common areas and walkways. Where a single use occupies a floor, gross leasable floor area shall be measured from the exterior faces of exterior walls. Where a floor is divided into different uses by walls, gross leasable floor area shall be measured from the exterior face of exterior walls andlor the centre line of interior walls separating such uses. Floor Space Index (F.S.I.) The ratio of the total floor area occupied by a use to that area of a lot zoned to permit that use. . Commercial F.S.I. The F.S.I. using gross commercialfloor area. 3-13 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Residential F.S.I. The F.S.I. using gross residential floor area. Foundry A building in which the principal use is the casting of metals. Forestry The management, development and cultivation of timber resources in accordance with good forestry practice. Funeral Home An establishment used for human funeral services, and may include space and facilities for embalming and performing other services used in the preparation of deceased persons for burial, the storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles. A funeral home shall not include facilities for cremation. Fur Garment Manufacturing An establishment used for the designing, assembling, making, preparing, inspecting, finishing, treating, altering and repairing of fur garments. It may also include warehousing, displaying and selling of fur garments, but does not include the tanning of furs. Gaming Establishment An establishment operated on a commercial or for-profit basis and which offers to the public coin-operated gambling machines, video lottery terminals, gambling services through a special closed-circuit network or telephone network, and gaming tables with persons employed as dealers to supervise and officiate specific forms of gaming activity, for the purposes of wagering, gambling, or betting. Garage An accessory building or part of a principal building designed, used or intended to be used primarily for the storage of one or more motor vehicles. Garage Sale See Section 5.4.1 a) for definition. Garden and Nursery Centre An establishment where gardening materials and vegetation such as flowers, plants, shrubs, and trees are sold to the public. The term garden and nursery centre may include as an accessory use the sale or rental of such goods, products, and equipment normally required for gardening. . Seasonal Garden and Nursery Centre A garden and nursery centre that exists only during the growing season, to a maximum of seven consecutive months within a calendar year. 3-14 - I I I I I I I I I I I I I I I I I I I Section 3 Definitions Garden Suite A one unit residential structure containing washroom and kitchen facilities that is designed to be portable and that is accessory to a single detached dwellina constructed on the same lot. Golf Course An area of land operated for the purpose of playing golf, and may include accessory uses such as a golf driving range, a mini-putt, a club house, a restaurant, and a bar. Golf Driving Range An area of land where the sport of golf is practised from individual tees, and may include accessory buildings and structures for the storage and rental of golf balls and golf clubs, a mini-putt, and a practice green. Good Forestry Practice The proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which it is being applied and that minimize detriments to forest values, including: significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health; and the aesthetic and recreational opportunities of the landscape. Good forestry practice includes the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees that must be removed in order to prevent contamination or infestation of other trees, or that no longer contribute to the achievement of forest values. Ground Floor The lowest storey of a building closest to finished grade. Greenhouse A structure whose roof and sides are made primarily of transparent or translucent material and within which plants are cultivated. Such use may also include the wholesale and/or retail sale of greenhouse products produced in the greenhouse, but shall not include a greenhouse used for cultivation of plants that will later be transplanted outdoors principally for the farmer's use on the farm. Guardhouse A building, either stand-alone or incorporated into the principal building, accessory to a permitted industrial use, used for property security or limited office space, but does not include a dwelling unit and shall be less than 13 m2. Habitable Room A room within a building that is designed and used for year-round human occupation, including finished basements, cellars and attics. 3-15 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Heavy Equipment Large machinery and equipment such as cranes, backhoes and rental bleacher seating. . Heavy Equipment Sales An establishment where heavy equipment is kept for sale or rent. . Heavy Equipment Service An establishment where heavy equipment is serviced or repaired. Home Appliance Service An establishment for the servicing of household or domestic articles such as home electronics, vacuum cleaners, appliances, camera equipment, clocks and watches, bicycles, or other similar goods and appliances, but shall not include industrial or manufacturing processes as a method of servicing these items. Home Craft Small items composed of fabric, wood, or earthen materials that are made by hand or with the use of small tools, such as pottery, clothing, birdhouses and mailboxes. Home Industry See Section 5.5.1 a) for definition. Home Occupation See Section 5.6.1 c) for definition. Hospital An establishment approved under the Public Hospitals Act where persons suffering from injury, disease, or sickness receive medical treatment, and may be kept overnight or longer in order to receive appropriate medical treatment and care. Hotel An establishment that caters to the traveling public by furnishing private sleeping accommodations and washroom facilities, and consists of one or more buildings containing at least three individual rental accommodation units that share a common ground level entrance. A hotel may provide accessory uses such as a restaurant, bar, and conference and recreational facilities. Hydrologically Sensitive Feature Shall mean land that includes permanent and intermittent streams; wetlands; or seepage areas and springs. Impervious Surface Means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot. 3-16 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Industrial Use The assembly or processing of substances, goods or raw materials related to the manufacture or fabrication of finished goods, warehousing or bulk storage of goods, and may include accessory uses such as storage and facilities for receiving and shipping materials and goods. . Heavy Industrial Use An industrial use which includes the outdoor storage of raw materials, waste materials and/or finished products resulting from or produced by the industrial use on the lot, and/or an industrial use which, by reason of the materials used or the waste generated, or the amount of noise, smoke, dust, odour, and/or vibration it generates or is capable of generating, requires a certificate of approval under the Environmental Protection Act. The term heavy industrial use does not include a warehouse, a waste disposal site, a stockyard, an abattoir, a smelter or any use which uses a blast furnace or coke ovens, a pulp and paper mill, creosote treatment or manufacture, or the distillation of coal, tar, wood or bones. . Light Industrial Use An industrial use in which all assembly, processing, manufacturing, and fabrication operations and the storage of raw material and/or finished products are conducted within a fully enclosed building. The term light industrial use does not include a warehouse or an activity or use which requires a certificate of approval under the Environmental Protection Act. Intensive Livestock Operation Land, buildings or structures in which cattle, horses, sheep, poultry, goats or swine are confined on a continuous basis in close quarters and are fed in a manner other than grazing. Kennel An establishment where four or more dogs, cats or other domestic animals of at least four months of age are boarded or trained for a fee, or kept for the purposes of breeding. Kiosk A building or structure with a maximum floor area of 10m2 that is accessory to a permitted building, structure, or use and is located on the same lot. Landscaped Area See Section 4.7.1 a) for definition. Lane A road owned by the Municipality that provides either the primary access to abutting lots or the secondary access to abutting lots where the primary access/frontage is available from a street. The term lane shall not include a street. 3-17 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Legal Non-Conforming Building, Structure or Use See Section 4.9.1 a) for definition. Light Equipment Hand tools, small power tools, portable equipment, and machinery containing a small engine, such as air compressors, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and masonry equipment, floor and carpet tools, gasoline generators, chain saws, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, pumps, scaffolding, welding equipment, sporting equipment, party supplies, and other similar tools and accessories. . Light Equipment Service An establishment where light equipment is serviced or repaired. Loading Space See Section 6.5.1 a) for definition Lot A parcel of land within a registered plan of subdivision, any land that may be legally conveyed under the exemption provided in Section 50 (3) (b) or Section 50 (5) (a) of the Planning Act, or a remnant of a lot that remains in private ownership after part of the lot has been expropriated. . Exterior Lot (See Figure 3 -1) A lot situated at the intersection of and abutting upon two streets, a street, and a private road, two private roads or the same street or private road, provided that the interior angle of the intersection of the street lines is not more than 135 degrees. In the case of a curved corner, the interior angle of the intersection shall be measured as the angle formed by the intersection of the extension of each of the street lines. 3-18 I I I I I I I I I I I I I I I I I I I Section 3 Definitions --- - ----- --- FIGURE 3 - 1 DETERMINING AN EXTERIOR LOT - --- - -------- - - - STREET I PRIVATE ROAD STREET LINE ;;s~~ ~e<5' " ~ ~ L.. 7~ ~ ~ ~~ .". ~ ~ BUILDING . Interior Lot A lot other than an exterior lot or a through lot. . Lot Area The total horizontal area bounded by the lot lines of a lot, including any lands usually covered by water. . Lot Coverage The percentage of the lot area at finished grade covered by the vertical projection of all buildings and structures. Where a lot is divided into more than one zone, the lot coverage in each zone shall be calculated as it applies only to that portion of the lot that is located within the specific zone. An in-ground, on-ground or above-ground swimming pool shall not be considered as a structure for the purposes of calculating lot coverage. . Lot Depth The horizontal distance between the front and rear lot lines of a lot. If the front and rear lot lines are not parallel, lot depth shall be the length of a straight line joining the mid-point of the front lot line with the mid-point of the rear lot line. When there is no rear lot line, lot depth shall be the length of a straight line joining the mid-point of the front lot line with the apex of the triangle formed by the side lot lines. 3-19 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Lot Frontage (See Figure 3 - 2) The minimum straight-line distance between the side lot lines measured along the front lot line of a lot. Where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is measured along a line parallel to the chord of the lot frontage and set at a distance from the front lot line equal to the front vard setback. The chord of the lot frontage is measured as a straight line joining the points where each side lot line intersects the front lot line. ----- FIGURE 3 -2 DETERMINING LOT FRONTA.GE --- -- - - ---- - - ---- ----- - )> S'l'b~ 'lQt?", ~"'~'l' / ~~o 'ib BUILDING , "<~^ .::~~ / ~'~~ " ~.( ',~.( ""fa '~+. / "~~/^' , " . ~ REQUIRED FRONT YARD SETBACK ~~ . Through Lot A. lot bounded on two opposite lot lines by streets and/or private roads. A lot that qualifies as both an exterior lot and a through lot shall be deemed to be an exterior lot. Where a through lot that is not an exterior lot has frontage on more than one street, the front vard setback provisions of the zone in which the lot is located shall apply to the lot line to which principal access to the lot is gained. Lot Line Any boundary of a lot or the vertical projection thereof. . Exterior Side Lot Line A side lot line abutting a street or private road on an exterior lot. 3-20 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Front Lot Line In the case of an interior /Q1, a lot line dividing the lot from the street or private road shall be deemed to be a front lot line. In the case of an exterior lot, the shorter Jot line abutting a street or private road shall be deemed to be a front lot line, and the longer lot line abutting a street or private road shall be deemed to be an exterior side lot line. In the case of a through lot whether or not such lot is deemed to be an exterior /Q1, the Jot line where the principal access to the lot is provided shall be deemed to be a front lot line. . Interior Side Lot Line A side lot line that is not an exterior side lot line. . Rear Lot Line A lot line (or point of intersection of the side lot lines) furthest from and opposite to the front lot line. . Side Lot Line A Jot line other than a front lot line or a rear Jot line. Marina An establishment located on a navigable waterway containing a boat dock or mooring facilities for boats, personal watercraft, and other motorized and non-motorized watercraft. Facilities for the repair and servicing of watercraft and for the sale of marine accessories, fuels and lubricants may be provided. Marine Sales and Service An establishment where boats, other watercraft and marine accessories are displayed for sale or rent, and/or where marine equipment is serviced. Marine Storage An area of land within which recreational boats, yachts and accessory equipment are stored, maintained or repaired for a fee. Medical Clinic An office buildina occupied by medical offices which may include such uses as reception areas, office for consultation, examiniation, ex-ray facilities, minor operating rooms, medical laboratories, and pharmacies, provided that all such uses have access from the interior of the building. Medical Office An establishment where medical physicians, dentists, chiropractors, optometrists, osteopaths, naturopaths, occupational or physical therapists, andJor other medical professionals, either singularly or in union, provide diagnosis and treatment to the general public without overnight accommodation. 3-21 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Mineral Aggregate Gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, and rock or other material prescribed under the Aggregate Resources Act as being suitable for construction, industrial, manufacturing and maintenance purposes. . Mineral Aggregate Crusher Equipment used to crush extracted mineral aggregate. . Mineral Aggregate Processing The screening, blending, and/or washing of extracted mineral aggregate by mechanical means, and shall include the stockpiling of the mineral aggregate. . Mineral Aggregate Recycling The crushing of used asphalt and concrete and the blending of it with sand and gravel or crushed stone, and shall include the temporary stockpiling of materials used in an active recycling operation on the same site. Minimum Vegetation Protection Area Shall mean all land within a minimum of 30 metres adjacent to a natural heritage feature or a hydrologically sensitive feature. Mobile Home A dwelling designed to be mobile, and is constructed or manufactured to provide a permanent residence for one or more persons, but does not include a trailer as defined by this By-law. . Mobile Home Park A parcel of land in single ownership where individual sites are made available on a rental basis for the placement of mobile homes for year round use, and each mobile home is connected to water service and sanitary sewer service. A mobile home park may include accessory buildings that contain recreational and social facilities for the use of the park's residents and for maintenance purposes of the mobile home park. The responsibility for maintenance of private internal roads, common areas and common buildings rests with the owner of the land. Model Home See Section 5.8.1 a) for definition. Motel An establishment that caters to the needs of the travelling public by furnishing private sleeping accommodations and washroom facilities and that consists of one or more buildings containing at least three individual rental accommodation units that have separate entrances from the outside. A motel may include accessory uses such as a restaurant, bar and recreational facilities. 3-22 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Motor Vehicle An automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power, but shall not include motor vehicles running only upon rails, a motorized snow vehicle, traction engine, farm tractor, or a road building machine. . Commercial Motor Vehicle A motor vehicle used for commercial purposes with or without a permanently attached delivery body, and includes vehicles such as a refreshment vehicle, buses, cube vans, tow trucks, tilt and load dump trucks, and tractor-trailers. . Commercial Motor Vehicle Sales An establishment where new or used commercial motor vehicles are displayed for sale or rent. Permitted accessory uses include a motor vehicle body shop to be used only for commercial motor vehicles. . Motor Vehicle Body Shop An establishment where painting or repairing of the exterior and/or undercarriage of motor vehicle bodies is undertaken, and may include a towing service and motor vehicle rentals for customers as accessory uses. . Motor Vehicle Fuel Bar An establishment for dispensing fuel to motor vehicles that consists of fuel pumps, and a kiosk for the fuel bar attendant within which motor vehicle accessories and fluids and pre-packaged snack food items may be offered for sale. . Motor Vehicle Rentals An establishment where passenger motor vehicles and light duty commercial motor vehicles are kept for rent. . Motor Vehicle Repair Garage An establishment where automotive maintenance is performed on motor vehicles, including oil changes, ignition timing adjustments, rust proofing, the installation or repair of transmissions, exhaust systems, brakes, automotive glass and tires, but shall not include a motor vehicle body shop. Accessory uses may include the limited sale of automotive products such as antifreeze, sparkplugs, and batteries. . Motor Vehicle Sales An establishment where new or used motor vehicles are displayed for sale or lease. Accessory uses may include a motor vehicle body shop and a motor vehicle repair garage. . Motor Vehicle Sales Campus A group of three or more motor vehicle sales establishments located either on one lot or on abutting lots. 3-23 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Motor Vehicle Towing Establishment An enclosed area where motor vehicles impounded for a breach of the law may be taken or towed and stored temporarily until reclaimed. . Motor Vehicle Wash An establishment where mechanical equipment or self-service facilities are used for the washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer services provided by a public authority. . Motor Vehicle Wrecking Yard An establishment where motor vehicles are dismantled and made inoperative, and are stored primarily outside. A motor vehicle wrecking yard may include the sale of used motor vehicle parts, but shall not include motor vehicle sales, a waste transfer station or a recycling facility. . Recreational Motor Vehicle A motor vehicle constructed as a self-propelled and self-contained unit that is capable of being utilized for the sleeping, eating and living accommodation of one or more persons on a temporary basis. Museum A building where collections of art, objects of natural history, mechanical or scientific inventions, instruments, models, designs, documents, and artifacts such as furniture and clothing are preserved and displayed primarily for educational purposes and not for sale. A museum may include accessory uses such as gift shops, libraries, snack bars, reading rooms, laboratories and administrative offices. Natural Heritage Feature Shall mean land that includes wetlands; significant portions of the habitat of endangered, rare and threatened species; fish habitat; areas of natural and scientific interest (life science); significant valleylands; significant woodlands; significant wildlife habitat; sand barrens, savannahs and tallgrass prairies. Naturalized Areas See Section 4.7.1 b) for definition. Nursing Home An establishment maintained and operated for persons requiring nursing care, as defined under the Nursing Homes Act. Outdoor Storage Area An area of land not located within a building that is used for the storage of goods, equipment or materials normally accessory to a permitted use located on the same lot. 3-24 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Outdoor Storage Facility An establishment for the storage, either in the open air or in unenclosed buildings that are open to the air on some side, of licensed personal motor vehicles, recreational vehicles or marine vehicles and their trailers. An outdoor storage facility shall not include a parking lot, an outdoor retail display area, a transport depot, a salvage yard, the temporary storage of waste or other similar uses. Park An area permanently devoted to recreational uses, owned by or leased to a public authority, and used for both passive andlor active forms of recreation designed to serve the public. . Active Park A park that may include a recreation area, playground, swimming pools, picnic areas, gardens, boating facilities, playing fields, parking areas and recreational structures and facilities but shall not include a campground or trailer park. . Passive Park A park that provides passive recreation opportunities, such as non- motorized trails, bird sanctuaries, wildlife reserves, and may include structures and facilities necessary to encourage and promote recreatio nailed ucatio nallinstru ctiona I pu rsu its. Parking Area See Section 6.3.1 e) for definition. . Commercial Parking Area See Section 6.3.1 b) for definition. . Enclosed Parking Area See Section 6.3.1 d) for definition. Parking Space Shall mean an area not located on a street, private road, or lane that is used for the parking of more than one motor vehicle with or without a fee being charged, but shall not include any area where motor vehicles are kept or stored for sale or repair. Personal Service An establishment such as a hairdresser, a tailor shop, a shoe repair shop, a dry cleaners distribution centre, or a laundromat, in which services are provided for a fee to satisfy the needs of persons, but shall not include a gaming establishment or an adult entertainment parlour. Pet Cemetery Lands, buildings and structures used for the internment of domestic animals. 3-25 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Pet Grooming An establishment where domestic animals are groomed, but does not include retail sales of goods, overnight boarding of animals or outdoor animal facilities. Pit An area of land where unconsolidated mineral aggregate such as gravel, stone, sand, and earth is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A pit may include as an accessory use a mineral aaareaate crusher, mineral aaareaate processing, and/or mineral aaareaate recycling. . Wayside Pit A temporary pit opened and used by or for a public authority solely for the purpose of a particular road construction project or contract and not located on a road allowance. Place of Entertainment An establishment where entertainment or amusement is provided for a fee, and includes such uses as a bingo hall, bowling alley, or an ice or roller skating rink, but shall not include a gaming establishment or an adult entertainment parlour. Place of Worship An establishment dedicated to religious worship such as a church, a synagogue, a mosque, or a temple. A place of worship may include accessory uses such as a day care centre, school of religious education, convent, monastery, rectory or assembly hall, and an existing cemetery. Portable Asphalt Plant A facility with equipment designed to heat and dry mineral aggregate and to mix mineral aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process. A portable asphalt plant is not of permanent construction and is to be dismantled at the completion of the construction project. Porch A structure connected to a main wall of a building and that has a roof supported in part either by pillars or by walls, provided that at least one side is open. Postal Outlet See Section 5.1.1. b) for definition. Principal Building or Structure The building or structure within which a principal use occurs. 3-26 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Principal Use The primary purpose for which a lot, building, structure or any combination thereof, is used, designed, arranged, occupied or maintained. PrinterslPublishers An establishment in which the business of producing books, newspapers, magazines, periodicals, and advertising materials for sale or distribution are printed for a fee. Private Airstrip Land used for the landing and taking-off of aircraft. The term private airstrip shall not include a hanger. Private Club An establishment within which the members of an association, club, cultural group or community group meet periodically to conduct the activities of the association, and for social activities, cultural events, performances, or exhibitions. Private Recreational Area Land owned and maintained by a private organization that may include recreational facilities such as swimming pools, picnic areas and athletic fields. Private Road A road, the fee simple of which is owned by a single person, that is subject to one or more easements registered against title in favour of one or more abutting lots to which the easements are appurtenant. Such easements entitle the owners of the lots to use the private road for the purposes of access to and from the lots. The term private road includes a private road shown on a registered condominium plan, but does not include a right-of- way, a street or a lane. Professional Service An establishment in which a service is provided for a fee that administers to the needs of businesses, or a service is provided by professionally qualified persons and their staff to clients or patients who seek advice, consultation or treatment. The term professional service includes a travel agency, photographer, veterinary clinic - domestic animals, veterinary clinic - farm animals, medical office, legal office, real estate office, financial office, photocopy centre, private investigator, data processing and computer services, personnel agency, and similar uses. Public Authority Any department or agency of the Municipality of Clarington, the Regional Municipality of Durham, the (Greater Toronto Transit Authority), a 3-27 I I I I I I I I I I I I I I I I I I I Section 3 Definitions conservation authority, a public school board, the Government of Ontario, or the Government of Canada. Public School Board The term public school board shall include the Kawartha Pine Ridge District School Board, the Peterborough Victoria Northumberland and Clarington Catholic District School Board, the Conseil Scolaire de District Catholique Centre - Sud, or the Conseil Scolaire de District Centre - Sud - Ouest. Public Storage Facility An establishment used for the temporary self-service storage of items and seasonal, recreational or commercial vehicles, boats and trailers in rental/leasable storage areas or lockers within enclosed buildings, which are generally accessible by means of individual loading doors. Outdoor storage areas are only allowed as an accessory use where permitted by the zone. A public storage facility is only permitted abutting a local street or collector street. Public Works Depot An establishment operated by the Municipality, the Region, or the Province where equipment, motor vehicles, and materials such as road salt and sand used for public works purposes are stored and/or maintained. Pumping Station An establishment used for the purpose of pumping substances such as sewage, water for drinking, oil or natural gas. Quarry An area of land where consolidated mineral aggregate, such as shale, stone, limestone, dolostone, sandstone, marble, granite, or rock is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A quarry may include as an accessory use a mineral aaareaate crusher, mineral aaareaate processing, and/or mineral aaareaate recycling. . Wayside Quarry A temporary quarry opened and used by or for a public authority solely for the purpose of a particular road construction project or contract and not located on a road allowance. Railway Yard An establishment used for activities directly associated with the operation of a railway, including but not limited to the loading and unloading of freight, and the maintenance, repair and storage of railway cars. The term railway yard shall not include a train station. 3-28 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Recreation Centre A building and associated lands owned by the Municipality and either operated by the Municipality or by a non-profit corporation for use by residents of the Municipality for community activities including, but not limited to recreational, athletic, social, charitable and educational purposes. . Private Recreation Centre A building and associated lands owned and operated by a private organization in which facilities are provided for the recreational, educational or social purposes of the residents of a site. Accessory uses may include a private club, a banquet hall, a professional service, a personal service, a restaurant, a financial office a business or administrative office, a convenience store, and a specialty store. Recreational Competition Any competition involving sport or other recreational activities. . Motorized Recreational Competition Any competition involving sport and other recreational activities using motorized vehicles for the purposes of entertainment or recreation, and may include tractor pulls, snowmobile races, motorcycle/moto-cross events, and automobile races. Recreational Vehicle A vehicle that is used predominantly for recreational purposes, including recreational trailers, snowmobiles, motorized and non-motorized boats, personal watercraft, all-terrain vehicles and recreational motor vehicles. . Recreational Vehicle Sales and Service An establishment where new and/or used recreational vehicles and related accessories are displayed for sale or rent and where recreational vehicles are serviced, repaired, and/or stored. Recycling Facility An establishment where non-hazardous solid waste such as paper, glass, metal, construction waste and plastic is collected, separated, or processed for further use. The processing and/or the storage of goods, wares, merchandise, or articles occurs wholly within a building. The term recycling facility shall not include any outdoor storage area or a waste transfer station. Reforestation Area An area in which trees with a minimum height of 30 centimetres representing at least three individual tree species have been planted. 3-29 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Refreshment Vehicle A commercial motor vehicle or trailer located either on a permanent or temporary basis where food or meals are offered for sale to the public for immediate consumption primarily off-site. Research and Development Facility An establishment where research is conducted to refine or develop products and/or services. Residential Care Facility See Section 5.3.1 b) for definition. Resort A commercial establishment where facilities are provided for recreational and related activities. Accessory uses may include restaurants and facilities for the sale, rental and repair of recreational equipment. Restaurant An establishment where prepared food and beverages are offered for sale to customers for immediate consumption. . Drive-Through Restaurant A restaurant with a drive-through. . Eat In Restaurant A restaurant in which tables and/or counters are provided for the use of customers. . Take-Out Restaurant A restaurant where tables and/or counters for the use of customers are not provided. Retirement Home A residential building maintained and operated for retired persons in need of residential care where each private bedroom or living area has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms and short term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Homes Act. Riding Arena A building or structure where instruction for the riding, jumping, showing or racing of horses, ponies and similar equestrian animals is offered and may include accessory uses such as stables, dressing rooms, snack bars, tack shop and bleachers. A riding arena may include adjacent lands where pasturing, outdoor riding or outdoor instructional activities are available. 3-30 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Riding Stable An agricultural establishment where horses, ponies and similar equestrian animals are available for hire to the general public for outdoor riding, or where outdoor instruction in riding, jumping and showing is offered. Right-of-Way An area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of- way shall not include a private road. Salvage Yard An establishment where goods or materials such as scrap metal are stored wholly or partly in the open. Limited processing of the stored materials is permitted as an accessory use. A salvage yard shall not include a motor vehicle wrecking yard. SawMill An establishment where timber is cut by machine. The temporary storage of uncut and cut wood and facilities for the sale of cut lumber are permitted as an accessory use. School An institution for instruction and may include a public, private or separate school, college, university or commercial school. . Commercial School A school conducted for profit or gain and shall include a music or dance studio, an art school, a golf school, a school of athletics, a business or trade school, and other specialized schools. . Elementary School A school that offers education for all or some of the grades from Junior Kindergarten to Grade Eight, recognized by the Ministry of Education and which may include facilities for boarding students registered at the school. A day care centre may be permitted as an accessory use. . Secondary School A school that offers education, which prepares students for an Ontario Secondary School diploma, recognized by the Ministry of Education and which may include facilities for boarding students registered at the school. Shopping Centre An establishment containing a minimum of three commercial units, which is designed and managed as a single, comprehensively planned development with common on-site circulation and parking for motor vehicles and a common access to an abutting street. 3-31 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Ski Resort An establishment where snow skiing facilities including ski lifts, tows, maintenance shops, ski rental, sales, and instructions are provided. A ski resort may include as an accessory use a restaurant and/or a snack bar. Speedway An establishment where motor vehicle racing, competitions and training occur on a track. Accessory uses to the speedway may include, concession stands for the sale of food and souvenirs, grand stands, buildings for vehicle maintenance and storage, and may include over-night camping. Special Event See Section 5.11.1 a) for definition. Store An establishment in which goods, wares, merchandise, substances, or articles, whether for the personal use of customers or the use of a business, are kept and offered for sale or rent to customers who visit the store. The term store may include as an accessory use the storage on the premises of limited quantities of the merchandise sufficient only to service the store. . Brew-your-own Store A store where customers can make their own beer, wine, or other alcoholic beverages for consumption off the premises, and where the owner or operator may sell related equipment, bottles and ingredients, and may provide instruction to customers. The term brew-your-own store shall not include a beer, liquor or wine store. . Convenience Store A store that sells a limited range of food, household and convenience items. . Department Store A store containing a minimum of 5,000 m2 of gross leasable floor area organized into a number of individual departments and primarily engaged in the sale of a wide variety of commodities such as clothing, footwear, home furnishings and appliances, housewares, dry goods, sporting goods, toys, hardware, and motor vehicle supplies and accessories. The term department store may include accessory uses such as a motor vehicle repair garage, a restaurant, a pharmacy, and other personal services and professional services. . Factory Outlet Store A store located on a lot on which the principal use is a warehouse or an industrial use and within which the products manufactured or stored by the principal use are sold. The maximum floor area of the store shall not exceed 20% of the floor area of the principal building, to a maximum size of 300 m2. 3-32 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . General Merchandise Store A store primarily engaged in the sale of a limited variety of personal and household items such as clothing, footwear, small household appliances, hardware, housewares, dry goods and toys. . Grocery Store A store where all types of food and other household items are offered for sale, primarily on a self service basis. . Home Improvement Store A store which offers a wide variety of home improvement products such as construction materials and tools, hardware, electrical supplies, plumbing and related fixtures, bathroom and kitchen cabinetry, doors and windows, home decorating materials including paint, wallpaper, flooring, carpeting, and lighting. The term home improvement store may include a seasonal aarden and nurserv centre. . Light Equipment Store A store where light equipment is kept for sale or rent. . Specialty Store A store that sells a limited range of merchandise, such as clothing, footware, books, music, housewares, electronics, or furniture. Storey The portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. A mezzanine shall be deemed to be a storey. . One-Half Storey A storey located wholly or in part under a sloping roof in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.3 metres over a floor area equal to at least 50% of the floor area of the storey immediately below. Street A road or public highway under the jurisdiction of the Municipality, the Region, or the Province that is maintained so as to allow normal use by motor vehicles throughout all seasons of the year, or a road or a public highway located within a registered plan of subdivision that has not yet been assumed by a public authority. The term street shall not include a lane. . Arterial Street A street having a width ranging from 26 metres to 50 metres. . Arterial, Type C A street having a width ranging from 26 metres to 30 metres. . Local Street A street having a width up to and including 23 metres. 3-33 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Collector Street A street having a width between 23 metres and 26 metres. Street Line A limit of a street, private road or lane. Street Related Building Entrance A principal entrance to a building located in the part of a faqade fronting onto a street and located within 0.2 metres above or below finished grade. A street-related building entrance shall be recessed a maximum of 6 metres from the faqade. Structure A man-made construction that is fixed to the earth or attached to another structure on a temporary or permanent basis. The term structure shall include a free-standing fence or wall, but shall not include a motor vehicle, a truck trailer, a recreational trailer. a recreational vehicle, pavement, curbs, walkways or other open air surfaced areas. Swimming Pool An artificial body of water contained within an enclosure constructed of cement, plastic, fibreglass or similar material, having a depth greater than 0.45 metres and intended primarily for swimming and/or diving. Temporary Sales Office See Section 5.8.1 b) for definition. Tent A portable and temporary shelter with or without side panels that is not permanently fixed to the ground, that is supported by poles, and that is made of canvas, plastic or similar materials. Theatre An establishment devoted to showing motion pictures or live performances, and may include accessory uses such as a snack bar. Trailer A vehicle designed to be attached to a motor vehicle for the purposes of being drawn or propelled. The term trailershall not include a trailer that is designed to be attached to a commercial motor vehicle. 3-34 I I I I I I I I I I I I I I I I I I I Section 3 Definitions . Recreational Trailer A trailer constructed as a self-contained unit, capable of being utilized for the temporary living, sleeping, or eating accommodations of one or more persons. . Utility Trailer A trailer designed and used for the transport of materials and that is capable of being towed by a motor vehicle. The term utility trailer shall not include a trailer designed to be towed as part of tractor-trailer that is a commercial motor vehicle. . Trailer Park A parcel of land where individual sites are made available on a rental basis for transient and seasonal occupancy for the placement of recreational trailers, recreational motor vehicles. or tents, for recreational or vacation purposes. Train Station An establishment where passengers board and disembark from trains, and may include accessory uses such as a ticket office, restaurant, and luggage checking facilities. The term train station shall not include a railway yard. Transport Depot An establishment where commercial motor vehicles are kept for rent or lease, or are parked for a fee, or from which commercial motor vehicles are dispatched, and may includes facilities for servicing and repairing the commercial motor vehicles stored at the site as an accessory use. Use When used as a noun, the term use shall mean the purpose or function for which a lot, building or structure or any combination thereof, is designed, arranged, occupied or maintained. When used as a verb, use and used shall have corresponding meanings. Utility Substation A building or structure used in connection with the transmission and delivery of electricity or telephone service, but does not include a telecommunications tower. An outdoor storage area is not permitted in association with this use. Veterinary Clinic - Domestic Animals An establishment where a veterinarian administers care for the cure, prevention, and treatment of disease and injury to domestic animals, not including farm animals, and that may also contain a shelter for domestic animals during the treatment period. 3-35 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Veterinary Clinic - Farm Animals An establishment where a veterinarian administers care for the cure, prevention and treatment of disease and injury to farm animals and that may also contain an animal enclosure for farm animals during the treatment period. A veterinary clinic - domestic animals may be permitted as accessory to the veterinary clinic - farm animals. Video Arcade An establishment containing four or more coin-operated pinball machines, video game machines, and any other electronic or mechanical machines used for entertainment purposes. The term video arcade shall not include a video lottery terminal. Video Lottery Terminal An electronic or mechanical machine used for the purposes of gambling or placing a bet or wager. Visibility Triangle See Section 4.11.1 a) for definition. Warehouse An establishment used for the storage and distribution of goods, wares, merchandise, substances, or articles, and includes facilities for the loading and unloading of commercial motor vehicles. Waste Disposal Site Land, buildings and/or structures where domestic and/or industrial, commercial or institutional waste is permanently stored or disposed of. The term waste disposal site includes a landfill site and an incinerator, but shall not include any facility for the disposal of liquid or hazardous wastes. Waste Transfer Station An establishment where waste or recyclable material is sorted, separated, and/or prepared for further transportation to a waste disposal site and/or a recycling facility located on a different lot. Watercourse A natural or man-made channel through which water flows on an intermittent or permanent basis. Water Park A commercial establishment in which water-based recreational activities such as swimming pools and water slides are provided. Wind Farm A /o/(s) used for the generation of electricity by two or more wind turbines. 3-36 I I I I I I I I I I I I I I I I I I I Section 3 Definitions Wind Turbine See Section 5.15 for definition. Yard See Section 4.12.1 b) for definition. . Exterior Side Yard See Section 4.12.1 b) i) for definition. . Front Yard See Section 4.12.1 b) ii) for definition. . Interior Side Yard See Section 4.12.1 b) iii) for definition. . RearYard See Section 4.12.1 b) iv) for definition. . Yard Setback See Section 4.12.1 b) v) for definition. Zoo An establishment open to the public in which animals are confined and displayed within appropriate enclosures, and which may include facilities for the training of animals. 3-37 I I I I I I I I I I I I I I I I I I I Section 4 General Provisions 4.0 GENERAL DEVELOPMENT PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.2 Attached Garages and Carports 4.3 Dwellings Below Grade 4.4 Frontage on a Street 4.5 Height of a Building or Structure 4.6 Holding (H) Symbols 4.7 Landscaped Areas 4.8 Lots Deficient in Area andlor Frontage 4.9 Non-Conforming Buildings, Structures and Uses 4.10 Servicing Requirements 4.11 Visibility Triangles 4.12 Yards and Yard Setbacks 4.1 Accessory Buildings, Structures and Uses 4.1.1 For the purposes of this By-law: a) Accessory shall mean a building, structure or use that is normally incidental, subordinate and exclusively devoted to the principal building, structure or use located on the same lot, and that is established or constructed during or after the establishment or construction of the principal building, structure or use. 4.1.2 Where this By-law permits a lot to be used for a purpose permitted in the zone in which the lot is located, a building, structure andlor use accessory to the principal use of the lot shall be permitted, provided that: a) an accessory building or structure shall not be used for human habitation, except where specifically permitted in this By-law; b) except in a Commercial or Industrial Zone, an accessory building or structure shall not be used for any activity for gain or profit, except where specifically permitted in this By-law; c) a boat house, pump house or boat dock may be constructed and used in the required yard of a lot which includes or abuts a navigable waterway, provided such accessory building or structure complies with all other requirements of the zone; d) an outdoor swimming pool, whether above-ground, on- ground or in-ground, shall be deemed not to be an accessory structure for the purposes of calculating either the total lot coveraqe for all buildings and 4-1 I I I I I I I I I I I I I I I I I I I Section 4 General Provisions structures or the total floor area for all accessory buildings and structures; e) landscaping features such as hedges, trees, and shrubs, and accessory structures such as fences, freestanding walls, flag poles, and light standards are permitted in any required yard unless otherwise specifically prohibited in this By-law; and f) in a Commercial Zone, a maximum of three coin- operated entertainment machines such as pinball machine or a video game, but excluding a video terminal may be permitted as an accessory use 4.1.3 Table 4-1 provides regulations for accessory structures. Where a zone category is not identified in Table 4-1, the accessory building/structure and use shall comply with the parent zone regulations. 4-2 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions 4.1.3 -- - -- -- --- -- - - -- TABLE4-1 , REGULATIONS - ACCESSORY BUILDINGS, STRUCTURES AND USES ' Legend '" Not applicable ZR Zone reg ulation (#) Notation Yard Setbacks Total Lot coverage (max) Total accessory Floor Area (max) Height (max) Exterior Side Front Rear Interior Side Antenna ZR 0.6 m measured from edge ZR '" of anten na Communications 3.7m ZR 0.6 m measured from edge ZR receiver 5% of lot area 90m2 of communications receiver Play equipment; Diving board; 3m ZR 1.2m 1.2m 1.2m Pool slide Climate control ZR ZR less 1.2 m ZR less 1 m device '" 1m Other uses 3.7m ZR 1.2m 1.2 m ZR Accessory to dweliing Notations for Table 4-1 11) Rear varcl setback where the rear varcl abuts a lane - 2 m (2) Interior side varcl setback where there is a common wali with a detached garage on an abutting lot - 0 m (') Yard setback for parking commercial motor vehicle and recreational vehicle - 5 m; where abutting a Rural Settlement Zone or a lot with a dwelling located within 15 m of the common lot line - 10m 5% of lot area 90m2 ZR 5m ZR 1.2ml') 1.2 m(,) 4.2 Attached Garages and Carports 4.2.1 A garage or carport attached to a single detached dwellina. semi-detached dwellina, or townhouse dwellina may have a floor area not greater than 25% of the dwelling to which it is accessory or 25% of the prescribed minimum floor area for a 4-3 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions residential dwelling within the applicable zone, which ever is greater. 4.2.2 An attached garage or carport shall be permitted to project closer to the street line than the far;ade of the dwelling to which it is attached, as measured between finished grade and a height of three metres, in accordance with Section 4.5. 4.2.3 The projection for the attached garage or carport may be measured from a porch with a depth of two metres and a minimum area of 4 m2. 4.2.4 An attached garage may not exceed 55% of the width of the fayade of the dwelling unit to which it is attached. 4.2.5 - --- -- --- --- I TABLE4-2 --- REGULATIONS - ATTACHED GARAGES AND CARPORTS I Zone Projection Pennitted A, NC, NL, RS1 2m 4.3 Dwellings Below Grade 4.3.1 A dwelling designed to have all or part of its floor area located partially below finished grade shall be permitted provided that: a) the window area of the dwelling above finished grade is equal to 10% of the total floor area of the dwelling; and b) each of the living room, the dining room, the kitchen, and the bedrooms has a window area above finished grade equal to 10% of the floor area of the room. 4.4 Frontage on a Street 4.4.1 No lot shall be used and no building or structure shall be constructed or used on any lot unless such lot has frontage on and access to a street. 4.4.2 The provisions of Section 4.4.1 shall not apply to an existing lot that does not have frontage on a street, but that has access to an existing private road or an existing perpetual right-of- way. 4.4.3 Where an existing building or structure is located on a lot that does not have frontage on a street or on a lot that does not have access to a perpetual right-of-way, the provisions of Section 4.4.1 shall not apply to prevent the enlargement, 4-4 I I I I I I I I I I I I I I I I I I I Section 4 4.5 General Development Provisions extension or renovation of such building or structure or the construction and use of accessory buildings or structures on such lot. Height of a Building or Structure 4.5.1 As illustrated in Figure 4-1, the height of a building or structure shall be measured as the vertical distance between the finished grade adjacent to each wall of the building or structure and: a) in the case of a flat roof, the highest point of the roof surface; b) in the case of a gable or hip roof, the average height between the eaves and the ridge of the roof; c) in the case of a mansard or gambrel roof, the roof deck line. d) in the case of a saltbox roof, the average height between the eaves and the peak of the longer roofline. 4.5.2 When determining the height of a building or structure, the following shall be excluded: a) church spires, minarets, belfries, ornamental domes, chimneys, cupolas, clock towers, towers, flag poles, antennas; b) bulkheads, mechanical equipment, water tanks, solar collectors, skylights, vents and structures enclosing equipment or stairs, provided that such equipment or structures are less than 4.5 metres in height and do not occupy more than 30% of the area of the roof upon which they are located. 4-5 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions - - -- -- -- l -- - - -- - - FIGURE 4 - 1 DETERMINING HEIGHT OF A BUILDING OR STRUCTURE - - - - - - -- -- - -- - J FRONT [RADE !~--l SIDE r FLAT ROOF RIDGE 1/2 ----!~Jt=----- 't:l ,- GRADE:!;!! EAVE FRONT SIDE IDP ROOF OR GABLE ROOF RIDGE ROOF DECK LINE ----T--- :12 't:l FRONT ,::l GRADE:== EAVE SIDE MANSARD ROOF OR GAMBREL ROOF RIDGE 1/2 FRONT ----r--------- 1/2 ' --~~ EAVE ,- GRADE:!;!! SALT BOX ROOF SIDE 4.5.3 Except as specifically permitted by this By-law, the height restrictions provided by this By-law shall not apply to free- standing water tanks, flag poles, antennas, electricity transmission towers, communication towers, grain elevators, barns and silos. 4.5.4 A communications receiver with an area not greater than 0.5 m2 and mounted on the roof of a building or structure may project one metre above the highest point of the roofline of the building or structure. 4-6 I I I I I I I I I I I I I I I I I I I Section 4 4.6 General Development Provisions Holding (H) Symbols 4.6.1 Except in a case referred to in Section 4.6.2 of this By-law, where a zone symbol shown in a Schedule to this By-law is preceded by the symbol (H), until such time as the (H) symbol is removed from the land by amendment to this By-law, no land shall be used and no building or structure shall be constructed, enlarged, extended or used for any purpose other than for the purpose of continuing the existing use thereof, or for the purpose of conservation. 4.6.2 Where on a Schedule to this By-law a hatched area overlays a zone, the hatched area denotes that the zone symbol is deemed to be preceded by the Environmental Holding (H) symbol. The hatched area identifies an Environmental Holding (H) symbol depicting a 90 metre area of influence from a natural heritage feature and/or hydrologically sensitive feature and its associated minimum vegetative protection area. Until such time as the Environmental Holding (H) symbol is removed from the land by amendment to this By-law, the use of land, and the construction or use of buildings, or structures is prohibited except for the purpose of continuing existing uses, conservation, or the construction and use of a one time addition to an aforesaid principal building or structure or anyone or all accessory buildings or structures for the same purpose for which it was used on November 15, 2001, provided that: i) in the case of a principal building or structure the expansion does not exceed 50% of the gross floor area of the principal building or structure located on the same lot up to a maximum aggregate new gross floor area located on the lot of 50 m2; ii) in the case of anyone or all accessory buildings or structures located on the same lot as a principal building or structure shall not exceed a maximum aggregate gross floor area of 20 m2; iii) a minimum 5 metre yard setback from the nearest boundary to the lot of an adjacent EP Zone is maintained; iv) the removal of any natural heritage feature and/or hydrologically sensitive feature located on the lot does not exceed 15% of the area of the lot, and the applicable regulations contained in this By-law are complied with. 4-7 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions 4.7 Landscaped Areas 4.7.1 For the purposes of this By-law: a) Landscaped Area shall mean an open area designed and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, patios or similar areas, but shall not include any driveway, ramp, curb, parking area, or any space below, within or on top of a building or structure, or any lands zoned "EP - Environmental Protection". b) Naturalized Areas shall mean an area designed to enhance, improve and restore the self-sustaining vegetation, providing opportunities for connectivity enabling the movement of vegetation and wildlife. 4.7.2 Landscaped areas shall be provided in accordance with Table 4 - 3: 4.7.3 -- ----- --- --- -- ill -- TABLE 4 - 3 REGULATIONS - LANDSCAPED AREAS , Legend '" Not a Iicable Front ard Exterior side yard Rural Settlement Zones 30% Commercial Zones Industrial Zones Institutional Zones 70% o - 3 m setback - area between street line and building shall be landscaped(ll 3.1 - 15 m setback - 3 m wide; greater than 15 m setback - 4.5 m wide Interior side ard Rear~ '" Notations for Table 4 - 3 (1) a 3 m wide landscaped area shall be provided where a parking area at finished grade abuts a street iine '" where abutting a Rural Settlement Zone - 1.5 m 4.7.4 In all zones except Rural Settlement Zones, where a landscaped area is required by this By-law, nothing in this By- law shall apply to prevent such landscaped area from being traversed by a permitted driveway or right-of-way. 4.8 Lots Deficient in Area and/or Frontage 4.8.1 Land may be used, and a building or structure may be constructed, altered or used on a lot having a lesser lot area 4-8 I I I I I I I I I I I I I I I I I I I Section 4 4.9 4.10 General Development Provisions and/or lot frontaae than required by this By-law, provided that the lot is legally conveyable on the day prior to the passing of this By-law, or is created as a result of expropriation. The building, structure or use must conform to all other applicable provisions and regulations of this By-law. 4.8.2 The provisions of Section 4.8.1 shall not apply to permit the establishment of a non-residential use on any lot less than two hectares in area located in the A, NC, or NL Zones. Non-Conforming Buildings, Structures and Uses 4.9.1 For the purposes of this By-law: a) Legal Non-Conforming Building, Structure or Use shall mean any land, building, or structure used for any purpose prohibited by this By-law provided such land, building or structure was lawfully used for such purpose on November 15, 2001, as long as it continues to be used for that purpose; Nothing in this BY-law shall prevent the strengthening or restoration to a saf$ condition of any legal non-conforming building or structurra or part thereof, provided that the strengthening or restl>ration does not increase the height, floor area or volume of th~ building or structure. Where a lot has beein created in the A, NC, or NL Zones in accordance with the~rovisions of the Clarington Official Plan, that portion of the ori inal lot which is deficient in lot area from which the severed 10 has been created shall be deemed to be an existing non-com(flying lot and shall be deemed to comply with the minimum setback requirements of Section 4.12.6 and 4.12.7 of this By-law. i 4.9.2 4.9.3 Servicing Requirements 4.10.1 Except as specifically provided for in this By-law, no building or structure may be ~onstructed or enlarged and no use may be established on ant lot unless: a) the lot is serviced iby a private potable water supply system and a private sa~itary waste disposal system installed in accordance with t~e requirements of the appropriate public authority. 4.10.2 Subsection 4.1 0.1 do~s not prevent the construction or use of a building or structure, accessory to any use permitted in the zone. 4-9 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions 4.10.3 Subsection 4.10.1 does not prevent the construction or use of a tarm building or structure. 4.11 Visibility Triangles 4.11.1 For the purposes of this By-law: a) Visibility Triangle shall mean a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. 4.11.2 As illustrated in Figure 4-2, a visibility triangle shall be determined as follows: a) the visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured to a point five metres back from the intersection of the street lines, and a diagonal line drawn between these two points; b) the visibility triangle for a driveway, lane, or right-at-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point three metres back from the intersection of the street lines and the limits of the driveway, lane, or right-at-way and a diagonal line drawn between these two points. Within a visibility triangle: 4.11.3 a) no building or structure shall be constructed, no motor vehicle, trailer or recreational vehicle shall be parked or stored; b) no fence shall be constructed with a height greater than 0.75 metres; and c) no landscaping feature, including shrubs or trees, are permitted that would impede vision between 0.75 metres and 2.5 metres of height. 4.11.4 No parking space or driveway shall be permitted within a visibility triangle formed at the intersection of any combination of streets, private roads, rights-at-way, or lanes. 4-10 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions -- -- -- --- -- ----------- --- --- FIGURE 4-2 DETERMINING VISIBILITY TRIANGLES -- - ---- ---- -- -- --- - ~ -- - DRIVEWAY ~ [:J ~ ~ - I-< r.l ~ '" SlREET I PRIVATE ROAD STREET LINE (EXTERIOR SIDE LOT LINE) VISIBILITY TRIANG LE ON A CORNER LOT VISIBILITY TRIANGLE ADJACENT A DRIVEWAY PROPERTY LINE >- H ~ ~ o ... 1:: 4.12 Yards and Yard Setbacks 4.12.1 For the purposes of this By-law: a) Established Building Line (see Figure 4 - 3) shall mean the average vard setback from the street line of the existing principal buildings on one side of a street or private road with a minimum of three lots where at least 50% of the lots on that side of the street or private road have been built upon; b) Yard (see Figure 4 - 4) shall mean an open space located on the same lot as a building or structure, that is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses or projections that are specifically permitted in this By-law; 4-11 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions i) Exterior Side Yard shall mean a yard extending from an exterior side lot line to the wall of the building, structure or outdoor storage area extending from the front yard to the rear yard; ii) Front Yard shall mean a yard extending across the full width of the lot between the front lot line and the wall of the building or structure permitted on the lot; iii) Interior Side Yard shall mean a yard extending from an interior side lot line to the wall of the building, structure or outdoor storage area extending from the front yard to the rear yard; iv) Rear Yard shall mean a yard extending across the full width of the lot between the rear lot line and any wall of the principal building, structure or outdoor storage area permitted on the lot; v) Yard Setback (see Figure 4 - 5) shall mean the shortest distance required by the By-law between a lot line and the nearest part of any wall of any building, structure or use on the lot. 4.12.2 As illustrated in Figure 4-3, where there is an established building line extending on one or both sides of a lot in a Rural Settlement or Commercial Zone, the minimum front yard setback required for a principal building on the lot may be reduced to the established building line as measured within 60 metres of the lot. 4-12 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions - -- - -- --- ---- - - - -- - ---- IRIGURE 4 .3 I DETERMINING ESTA.BLlSHED BUILDING LINE - - - - -- -- -- - - - -- - -- - - STREET I PRIVATE ROAD A VERAGE SETBACK ~ < ~ '" E- < ~ ... - E- '" ~ E- '" ----~---- REQUIRED FRONT YARD SETBACK ~ < ~ '" E- ~ ... - E- '" ~ E- '" \ \ ! , , , , , , '- EST ABLlSHED I EXISTlNG-" BUILDINGS - - --- -- ---- - ---- - - - -- - - I FIGURE 4 .4 'l"r'PES OIR YA.RDS - --- -- -- -- - - -- - -- - 1 1 ) / / STREET I PRIVATE ROAD '" :::i ... E- o ... ~ < ~ EXTERIOR SIDE LOT LINE EXTERIOR SIDE YARD REAR YARD 1/ 1 1 BUILDING FRONT YARD ~ / r-- < / '" ~ 1 Z 1 - '" 1 ... E- E- ~ 0 ... Ci! E- ... Z ~ E- '" '" ~ '" INTERIOR SIDE YARD INTERIOR SIDE LOT LINE 4.13 - I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions ~ ---- - --- --- --- - - I FIGURE 4. .5 DE[l'ERMINING YARD SnBACKS --- --- ----- - -- - - ---- ---- I / / , , MINIMUM STREET I PRIVATE ROAD EXTERIOR SIDE YARD EXTERIOR SIDE LOT LINE SETBACK ~ 0 / Ool ~ / Ool i!5 z Ool ~ -1 ~ ..... Eo< ..... Eo< ~ Eo< BUILDING 0 0 MINIMUM MINIMUM ..... ~ ~ ..... REAR YARD ENVELOPE FRONT YARD Eo< "" ~ SETBACK SETBACK Z - ~ Eo< ~ ------ Ool ... Ool ~ Eo< MINIMUM '" INTERIOR SIDE LOT LINE INTERIOR SIDE YARD SETBACK 4.12.3 All residential buildings shall have a minimum 30 metre yard setback from any railway property line. 4.12.4 a) Except as specifically provided for in this By-law, all buildings and structures shall be setback 30 metres from any watercourse not located within an 'Environmental Protection - EP' Zone. 4.12.5 Projections into required yard setbacks are permitted in accordance with the provisions of Table 4-4. 4-14 - I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions 4.12.6 9'AStDE4-=- 4 ---- --- I I REGUI..ATIONS _ PROJECTIONS INTO REQUIRED YARD SETBACKS -- -- - - - - - Structu re Yard into which Projection into required projection is permitted yard setback (max) Belt courses, canopies on a residential building, chimneys, a.6m cornices, eaves, gutters, parapet, All oilaster, or sills Chimney and communications All a.75m receivers, parapet, and pilaster Awnings or canopies in a 3 m, provided the canopy or awning is a minimum height Commercial or Industrial Zone All of 2.5 m above finished grade a.75 m, provided no yard Cantilevered floors; window bays All setback is reduced to less than 1.2 m Single detached dwellinCl. 1 m, provided no yard Access ramps for physically semi-detached dwellinCl setback is reduced to less disabled; exterior stairs and fire - rear yard and side yard than 1.2 m escapes Triplex, fourplex, apartment buildinCl, 1 m, provided no yard townhouse buildinCl. setback is reduced to less mixed use building than 1.5 m - rear yard and side yard Awnings, balconies, canopies decks 1.5 m, provided no yard All setback is reduced to less or porches on a residential building than 1.2 m. 4.12.7 A new dwelling shall not be located on any lot unless the dwelling is adequately separated from any existing agricultural building housing livestock or any structure for manure storage that is located on a different lot. The required separation between the new dwelling and such agricultural building or structure shall be calculated using Appendix A to this By-law. 4.12.8 A new livestock facility or manure storage structure shall not be permitted and no expansion to an existing livestock facility or manure storage structure shall be permitted unless such structure or expansion is adequately separated from an existing dwelling on a different lot. The required separation between a livestock facility or manure storage structure and such a dwelling shall be calculated using Appendix B to this By-law. 4-15 I I I I I I I I I I I I I I I I I I I Section 4 General Development Provisions 4.12.9 Sections 4.12.7 and 4.12.8 shall not apply to: a) a residential building constructed on an existing lot or a lot within a registered plan of subdivision; or b) an agricultural building housing livestock located within the limits of a hamlet. 4-16 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use 5.0 SPECIAL LAND USE PROVISIONS 5.1 Banking Machines and Postal Outlets 5.2 Bed and Breakfast 5.3 Crisis Care Facilities and Residential Care Facilities 5.4 Garage Sales 5.5 Home Industries 5.6 Home Occupations 5.7 In-House Apartment Dwellings 5.8 Model Homes, Temporary Sales Offices and Construction Uses 5.9 Portable Asphalt Plants 5.10 Public Use Exemptions 5.11 Special Events 5.12 Temporary Living Quarters 5.13 Use of Mobile Homes, Recreational Motor Vehicles and Recreational Trailers as Dwellings 5.14 Wayside Pits and Quarries 5.15 Wind Turbine 5.1 Banking Machines and Postal Outlets 5.1.1 For the purposes of this By-law: a) Banking Machine shall mean an electronic machine used by the general public to conduct electronic financial transactions. b) Postal Outlet shall mean a building where postal services including mailing, delivery and sorting of mail is carried out. Accessory uses may include post office boxes and the retail sale of mail related items such as stamps and envelopes. 5.1.2 A banking machine or postal outlet shall be permitted in any Commercial or Industrial Zone provided it is located within a principal building permitted within that and may be accessed from within or from outside the building. 5.2 Bed and Breakfast 5.2.1 For the purposes of this By-law: a) Bed and Breakfast shall mean an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public in up to three guest rooms within a single detached dwellina that is the principal residence of the proprietor of the establishment. 5-1 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use 5.2.2 A bed and breakfast is permitted in the RS1, A, and NL Zones provided that the regulations in Table 5-1 are complied with. 5.2.3 TABLE-S-.:-j-- - ----- --- - - -- - ---1 REGULATIONS - BED AND BREAKFAST ---- - - - - --- -- Number of guest rooms (max) Number of parking spaces 3 1 per guest room in addition to spaces re uired for the dwellin Any yard, provided no more than 3 parking spaces are located in the front ard or exterior side ard 30% in front yard Location of all parking spaces Landscape area 5.3 Crisis Care Facilities and Residential Care Facilities 5.3.1 For the purposes of this By-law: a) Crisis Care Facility shall mean an establishment operating as a single housekeeping unit and used for the short term accommodation of a minimum of three persons, not including staff, who live under supervision and who require a temporary living arrangement for their well being; b) Residential Care Facility shall mean an establishment operating as a single housekeeping unit, for a maximum of eight individuals, exclusive of staff and/or receiving persons, with social, legal, emotional, mental and/or physical disabilities, and where the well-being of its residents is provided for and supported through self-help, professional care, guidance and supervision. The term residential care facility shall not include a corrections residence. 5-2 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use 5.3.2 ------ --- --- TABLE 5.2 REGULATIONS. CRISIS CARE FACILITIES AND RESIDENTIAL CARE FACILITIES - - -- -- - - Separation distance between other crisis care facilities and/or residential care 250m facilities The greater of: Private amenity area i) 20 m2 fer resident; or ii) 150 m total Must be located in rear yard Floor area per resident 20 m2 of gross residential floor area Number of parking spaces 1 per every two bedrooms 5.4 Garage Sales 5.4.1 For the purposes of this By-law: a) Garage Sale shall mean a temporary and occasional activity accessory either to a dwelling, or a building used by a non. profit or community organization. Items sold at a garage sale shall be owned by either the occupants of the dwelling or a non-profit or community organization. 5.4.2 rTABLE-S:-3 ------- --- - -- I REGULATIONS. GARAGE SALES I ____ __ __ Building type Places of worship, public school. private school, recreation centres, Single detached, semi-detached, duplex, townhouse 3 consecutive da s durin da Ii ht hours onl Exterior side yard. front yard, and/or attached gara e 3 ara e sales er calendar ear Dwelling type Duration (max) Location on lot Number permitted (max) 5.5 Home Industries 5.5.1 For the purposes of this By-law: a) Home Industry shall mean a small scale industrial operation that is carried on in accordance with the provisions of this By-law, as accessory to a permitted single detached dwellina. 5.5.2 The following are examples of uses that are permitted to be conducted as a home industry: a) custom furniture making or restoration; b) small engine repair; c) welding; 5-3 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use d) woodworking and crafts; and e) the production of value - added agricultural products such as cider, honey or wine. 5.5.3 The following are examples of uses that are not permitted to be conducted as a home industry: a) automotive repair, automotive painting, or motor vehicle body shop; b) any use that could create a public nuisance due to noise, glare, dust, odours, vibration, interruption of communication signals, or traffic generation, and c) any use that requires receipt or delivery of merchandise, goods or equipment by motor vehicles exceeding four tonnes at registered gross vehicle weight. 5.5.4 Location on lot 0.8 ha Single detached dwellina (1), attached garage, or accessory building 200 m2 Floor area (max) of home industry Floor area (max) of all accessory buildings if home industry located on lot Number of employees (max) 200 m2 4 people, which may include 2 persons who do not reside in the dwelling 2 ZR(31 1 space for each employee that resides on a different lot, plus the number of spaces for the use required by Section 6 Outdoor Storage No exterior display or storage of goods Notations for Table 5 - 4 (1) 50% (max) of dwelling may be used for a home industry to a maximum of 200 m' which ever is less. (') Where a home industry is located on the same lot as a home occupation, the regulations in Table 5 - 4 regarding maximum floor area and number of employee shall apply in total, to both the home occupation and home industry. (31 Accessory building containing a home industry shall be located in the rear vard. (4) Parking spaces are not required for a home industry that does not require the delivery or pick-up of goods, does not have clients coming to the dwelling, and does not have employees who reside on a different lot. Yard setback Parking (4) 5-4 !. I I I I I . . I . . I . . . I . . . Section 5 Special Land Use 5.6 Home Occupations 5.6.1 For the purposes of this By-law: a) Adult Home Care shall mean a home occupation that provides temporary care and companionship to senior citizens and/or adults with disabilities on a regular basis for a continuous period not exceeding 24 consecutive hours; b) Children's Home Care shall mean a home occupation that provides temporary care and education of children on a regular basis and for continuous periods not exceeding 24 consecutive hours; c) Home Occupation shall mean an occupation or business that is carried on in accordance with all provisions of this By-law, primarily within a dwelling as accessory to a permitted residential use. The use of an outdoor swimming pool for instructional services is permitted as part of a home occupation. 5.6.2 A home occupation may be conducted in association with any permitted dwelling subject to the provisions of Section 5.6 and further provided that the home occupation is clearly secondary to the residential use of the dwelling and does not change the residential character of the dwelling. 5.6.3 The following uses are permitted to be conducted as a home occupation: a) personal service; b) professional service; c) business or administrative office; d) instructional service for a maximum of three students at one time; e) home craft business; f) caterer; g) children's home care; h) adult home care; and i) home appliance service. 5.6.4 The following uses are not permitted to be conducted as a home occupation: a) retail sales, with the exception of home craft products; b) liaht eauipment service; c) motor vehicle repair garage; d) motor vehicle body shop; 5-5 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use e) any use that could create a public nuisance due to the levels of traffic, noise, glare, dust, odours, or vibration associated with the use, or due to the interruption of communication signals. 5.6.5 In the case of an apartment dwellinG or a townhouse dwellinQ, a home occupation shall be restricted to a business or administrative office which does not require the delivery or pick-up of goods, does not have clients coming to the dwelling, and does not have employees who reside on a different lot. 5.6.6 An adult home care may accommodate a maximum of five adults that do not reside in the dwelling at one time. The rear vard of the dwelling may be used as accessory to the adult home care establishment. 5.6.7 A children's home care may accommodate a maximum of five children, not including the owner's children. The rear vard of the dwelling may be used as accessory to the children's home care. 5.6.8 Legend . Notation Floor area (max) Number of employees (max) 30% of dwelling, to a maximum of 100 m2 (1) 3 people, which may include 1 person who does not reside in the dwellin 1 1 space for an employee that resides on a different lot, Ius the number of s aces re uired b Section 6 Not permitted in accessory building or attached ara e Parking(2) Location on lot Outdoor Stora e No exterior display or storage of goods Notations for Table 5 - 5 (1) Where a home industry is located on the same lot as a home occupation, the regulations in Table 5 - 4 regarding maximum floor area and number of employee shall apply in total, to both the home occupation and home industry. (2) Parking spaces are not required for a business or administrative office that does not require the delivery or pick-up of goods, does not have clients coming to the dwelling, and does not have employees who reside on a different lot. 5.7 In-House Apartment Dwellings 5.7.1 An in-house apartment dwellinG shall only be permitted in a single detached dwellinG or a semi-detached dwellinG located in an Urban Residential Zone, provided that sanitary sewer and water services to the in-house apartment dwellinG are provided by a public authority. 5-6 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use 5.7.2 An in-house apartment dwellina which existed prior to November 16, 1995 and which is located within a townhouse dwellina shall be deemed to be a permitted use, provided that sanitary sewer and water services to the in-house apartment dwellina are provided by a public authority. 5.7.3 An in-house apartmentdwellina shall have minimum floor area of 40 m2, 5.7.4 One parking space shall be provided for each in-house apartment dwellina. A parking space is not required for an in- house apartment dwellina established prior to November 16, 1995. 5.8 Model Homes, Temporary Sales Offices and Construction Uses 5.8.1 For the purposes of this By-law: a) Model Home shall mean a finished dwelling that is used as an example of a product offered for sale to purchasers by a realtor, builder, developer, or contractor. The dwelling may be furnished but not occupied as a residence while being used as a model home; b) Temporary Sales Office shall mean a mobile home or a permanent building, including a model home, used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential lots and dwellings within a draft approved subdivision or condominium plan. 5.8.2 A building permit for a model home in a draft approved plan of subdivision may be issued provided that: a) the model home is located in the draft approved subdivision plan; b) the developer has entered into a subdivision agreement with the Municipality; c) the developer has entered into an agreement with the appropriate public authority regarding the provision of sanitary sewer and water services; and d) the model home complies with the regulations of the zone in which it is located. 5.8.3 A temporary sales office for a draft approved subdivision or condominium plan may be located on lands within the draft approved plan. The temporary sales office shall be removed 5-7 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use or cease operation no later than the sale of the last lot or the occupation of the last dwelling. 5.8.4 A minimum of eight parking spaces shall be provided for a model home or a temporary sales office. 5.8.5 Temporary buildings or trailers associated with construction work are permitted on a lot, or on lands within a draft approved subdivision or condominium plan for the duration of construction work or for as long as the building permit is active, whichever comes first. No temporary building or trailer intended for construction work purposes shall be located in a visibility triangle or used for human habitation. 5.9 Portable Asphalt Plants 5.9.1 A portable asphalt plant used to supply materials to a construction project undertaken by or on behalf of a public authority shall be permitted for a on a temporary basis in the any zone except an Environmental Protection (EP) Zone or a Rural Settlement (RS1) Zone provided that the proposed use: a) is located a minimum of 30 metres from any lands zoned EP; and b) is located a minimum of 50 metres from any dwelling. 5.10 Public Use Exemptions 5.10.1 The provisions of this By-law shall not apply to prohibit the use of land, or the use of buildings or structures within any part of the Municipality for the following purposes: a) a fire station, a police station, ambulance station, commuter train station, or sanitary sewer or water facilities and systems provided by or on behalf of a public authority, b) a municipal or community service, including a park and passive recreational trails, provided for residents of Clarington by the Municipality, a local board of the Municipality, or a tenant of the Municipality on land or in a building or structure owned by or leased to the Municipality; c) conservation and environmental education, including passive recreational trails, on lands owned by or leased to a Conservation Authority; d) the processing of heavy water, electricity generation and research including but not limited to the production of nuclear energy, and administration and consumer and public relations in connection with electricity generation 5-8 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use on land or in a building or structure owned by or leased to Ontario Power Generation; e) an electricity transmission corridor, including towers and lines, on any land or structure owned by or leased to Veridian Corporation or the Hydro One Network Inc.; f) an oil or natural gas transmission corridor, including pipes and necessary pumping stations, in land or in any building or structure owned by Hydro One Network Inc., Trans Canada Pipelines, TransNorthern Pipeline or InterProvincial Pipeline, or successor companies. 5.10.2 The provisions of this By-law shall not apply to prohibit the use of land, buildings or structures within any part of the Municipality for the following uses provided such uses existed on November 15, 2001 and continue to be used for that purpose: a) a public school; b) a railway corridor owned by St. Lawrence & Hudson or by C.N. Rail; and c) electricity substations on lands owned by or leased to Veridian Corporation or Hydro One Network Inc. 5.10.3 The provisions of this By-law shall not apply to prohibit the location, construction or use within a road allowance in any part of the Municipality for a road, or for any structure, wires, transformers or equipment for the purposes of signal receiving, electricity or gas transmission or distribution, telecommunication, or cable television reception, transmission and distribution. 5.10.4 The following requirements shall apply to lands, buildings or structures being used for a public use pursuant to the provisions of Section 5.10.1, 5.10.2, and 5.10.3: a) no goods, materials or equipment shall be stored in the open except in Industrial Zones where open storage is permitted; and b) the regulations of the specific zone with respect to parking spaces, loading spaces, landscaped area, outdoor storage area, yard setbacks, and the location of buildings and structures shall be complied with. 5.10.5 The provisions of Section 5.10 shall not apply to the use of any lot, building or structure that does not conform to the provisions of the Clarington Official Plan. 5-9 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use 5.11 Special Events 5.11.1 For the purposes of this By-law: a) Special Event shall mean an activity that is of a temporary duration and that is limited to one or more of the following uses: an exhibition, a fair, a parade, a carnival, or a religious or music festival. The term special event shall not include a motorized recreational competition; b) Temporary for the purposes of Section 5.11, temporary shall mean the combined total duration of all special events held on one lot shall not exceed seven days in a calendar year. In the case of a music festival or other special event capable of producing excessive noise levels, only one such event may be held for a duration of no longer than three days on a lot in a calendar year. 5.11.2 In any Commercial or Industrial Zone, the parking area may be used for a special event provided that the number of parking spaces remaining is not reduced below 75% of that required by Section 6 for the commercial uses on the lot. 5.11.3 Special events licensed by the Municipality are not subject to the parking space and loading space requirements set out in Section 6. 5.11.4 A special event is permitted on any lot or street owned by a public authority, a private school. or a place of worship, or any lot owned privately providing it is commercially or industrial zoned. 5.12 Temporary Living Quarters 5.12.1 A mobile home, a recreational motor vehicle, recreational trailer or an existing dwelling may be used as temporary living quarters for a period not to exceed six months while a permitted dwelling is under construction on the same lot, provided that: a) the owner of the lot enters into an agreement with the Municipality agreeing to remove the temporary living quarters from the lot immediately after the expiration of the six month period or with the occupation of the new dwelling, whichever occurs first; b) the mobile home, recreational motor vehicle or recreational trailer is located on the lot in compliance with the vard setbacks of the zone in which it is located; and 5-10 I I I I I I I Section 5 Special Land Use c) the temporary living quarters are serviced with adequate sanitary sewer and water services approved by the appropriate public authority. 5.13 Use of Mobile Homes, Recreational Motor Vehicles and Recreational Trailers as Dwellings 5.13.1 The use of a mobile home, a recreational motor vehicle or a recreational trailer as a dwelling is prohibited in all zones except as otherwise specified in this By-law. 5.13.2 A mobile home park and a campground are prohibited in all zones except as otherwise specified in this By-law. 5.14 Wayside Pits and Quarries 5.14.1 A wayside pit or a wayside quarry is permitted for a maximum of 18 months in any zone except an Environmental Protection I (EP) Zone or a Rural Settlement (RS1) Zone provided that the proposed use is not located within: I a) is located a minimum of 30 metres from any land zoned EP ; and b) is located a minimum of 50 metres from any dwelling. I 5.15 Wind Turbines 5.15.1 For the purposes of this By-law: I a) Wind turbine shall mean an energy conversion system, which converts wind energy into electricity through the use I of a wind turbine generator, and includes the turbine, blade, tower, base, and pad transformer, if any. I 5.15.2 A maximum of one wind turbine is permitted on a lot in all zones as accessory to a permitted use. I 5.15.3 Regulations a) Lot Area I Lot area I 4000 m2 I I b) Yard Setbacksr11 Front vard 15 m I Exterior side vard 15 m Interior side vard 15 m I Rear vard 15m (1) All vard setbacks are measured from the outermost tip or part of the wind turbine, which includes the blade. I I 5-11 I I I I I I I I I I I I I I I I I I I Section 5 Special Land Use c) Blade Clearance Above finished grade 6m Above accessory buildings and structures 4.5 m to the highest point of each and farm buildings roofline d) Height Requirements i) Maximum height shall be 91.4 m to the highest extension of any blade. 5-12 - I I I I I I I I I I I I I I I I I I I Section 6 Parking 6.0 OFF-STREET PARKING AND LOADING 6.1 Parking Spaces 6.2 Parking Space Requirements 6.3 Parking Area Location and Design Standards 6.4 Drive-Through Queue Aisle 6.5 Loading Spaces 6.6 Additions To or Change in Use of Buildings 6.1 Parking Spaces 6.1.1 For the purposes of this By-law: a) Parking Space shall mean an area not located on a street, private road, or lane and exclusive of aisles, ramps or columns for parking one motor vehicle and may include a private garage. The different types of parking spaces are illustrated in Figure 6-1. 6.1.2 -- -- ----- 'FASIWE 1)-1 REGUIWATIONS - PARKING SPACE DIMENSIONS - -- -- -- -- -- ----- lWegend Parkina space Other * Not applicable Width (1, lWength Regulations I" Notation Anglel2) 2.75 m 5.7 m measured on the 13) anQle * Parallel 2.75 m (3) 7m * 5.7 m: or Width of landscaped Perpendicular 2.75 m (3) 5.4 m in front of area or walkway - 2.4 landscaped area or walkwav m Tandem 2.75 m (3) 5.7m * 1 space - 4.5 m Physically 2 or more abutting 5.7 m * Disabled spaces - 3.4 m each Garage 3m 5.7m Area - 18.6 m' Notations for Table 6 -1 (1) Where a parking space abuts a wall along its length, the minimum required width of the parking space shall be increased by 0.25 m. In the case of a 2 car garage, the minimum width of only 1 parking space must be increased. (2) Angle of parking space - 45 degrees (3) Total width of 2 outdoor perpendicular parking spaces for a single detached, semi-detached or duplex dwellina - 4.6 m. 6.1.3 Every building, structure or lot used for a purpose set out in this By-law shall provide and maintain parking spaces in accordance with the provisions of Section 6. 6-1 I I I I I I I I I I I I I I I I I I I Section 6 Parking IFIGI.JRE6-1 -------- ------~ TYPES OF PARKING SPACES PERPENDICULAR PARKING PARALLEL PARKING ...2.75,"1-- ! '1 , . =[--r-;~-~= AISLE,5 .--- . - =:J k-;~-J= j AISLE 8 . - lLJUL -oI2.75m1<- PERPENDICULAR PARKING IN FRONT OF LANDSCAPED AREA PERPENDICULAR PARKING IN FRONT OF W ALKW A YS AISLE AISLE ! . . I . . 2_75m 2.75m ~ WALKWAY LANDSCAPED ~ AREA STREET J PRIVATE ROAD BUILDING ANGLE PARKING TANDEM PARKING i~ tWn ~ .,"1..> 1 // ",>~ \45"""" DWELLING '" , ;-j - , -->l275/l'l)o- STREET J PRIVATE ROAD 6.1.4 Required parking spaces and parking areas shall only be used for the parking of motor vehicles that are incidental to the permitted use that requires the parking. All motor vehicles occupying a required parking space shall be operative and currently licensed. 6.1.5 Within any Rural Settlement Zone one commercial motor vehicle not exceeding four tonnes registered gross weight at capacity may use a required parking space. 6-2 I I I I I I I I I I I I I I I I I I I Section 6 6.1.6 6.1.7 Parking The parking spaces required for a permitted residential use and/or a home occupation may be provided in tandem. In a zone which permits a farm use, a maximum of one commercial motor vehicle may be parked, either outside or within an accessory building or structure; 6.2 Parking Space Requirements 6.2.1 Unless otherwise permitted by this By-law, parking spaces shall be provided on the same lot as the building, structure or use requiring the parking and shall be calculated in accordance with the requirements specified in Section 6. The number of required parking spaces shall be rounded up to the next whole number. 6.2.2 Single Detached; Semi-Detached Du lex; Street Townhouse 1 bedroom aparlment dwelling; Bachelor a arlment dwellin 2 bedroom aparlment dwellin 3 or more bedroom a arlment dwellin Home Indust Home Occu ation In-House A arlment Other permitted residential uses 2 outdoor spaces per dwelling 1.25 spaces, plus 0.25 visitor spaces per dwelling 1.5 spaces, plus 0.25 visitor spaces per dwelling 1.75 spaces, plus 0.25 visitor spaces per dwelling Table 5-4 Table 5-5 Section 5.7 2 spaces per dwelling Flea Market; Grocery Store: Retail Warehouse; Sho in Centre Business or Administrative Office; Day Care Centre; Office Buildino: Personal Service; Professional Service; Store Medical Office, Veterinary Clinic 1 space for every 20 m2 of gross leasable floor area 1 space for every 30 m2 of gross leasable floor area 1/18 m of gross floor area Where a medical office is a home occupation - 1 space for eve 30 m2 of the dwellin used for the home occu at/on 6-3 I I I I I I I I I I I I I I I I I I I Section 6 Parking ---- ---------------- --- ---- 'l'ABI.D~ 6 - 2 .continued REGULATIONS - NUMBER OF' PARKING SPACES Hotel; Motel Adult Entertainment Parlour; Bar; Restaurant Take-Out ani Orive- Through Restaurant, Eat-In Restaurant (with or without Take-Out Restaurant 1 per suite or guest room Arena; Art Gallery; Assembly hall; Auction Centre; Banquet Hall; Funeral Home; Museum; Place of Entertainment; Place of Worship; Private Club; Recreation Centre; Theatre; Other similar atherin laces Bowlin Aile Curlin Rink Golf Course Golf Orivin Ran e Fitness Centre Marina Mini-Putt Elementary Secondary; Commercial The greater of 1 per: i) 5 fixed seats; ii) 3 m of bench seating; or iii) 9 m2 of floor area accessible floor area The greater of: i) 2 per classroom; or ii) 1 per 10 m2 of total floor area in the assembly hall and cafeteria The greater of: i) 5 spaces per classroom; or i1) 1 space per 10m2 of floor area in the assembly hall and cafeteria Nursing Home; Retirement Home Hospital Crisis Care Facility; Residential Care Facilit 1 space per every 4 beds The greater of 1 space per: i) 2 beds; or ii 50 m2 of floor area Table 5-2 6-4 I I I I I I I I I I , I I I I I I I I I Section 6 Parking Abattoir; Industrial Uses 6.2.3 Where the required parking spaces cannot be provided on the same lot as the use requiring the parking, the required parking spaces may be located on another Jot, subject to the following: a) the parking spaces are located within 150 metres walking distance of the use requiring the parking; b) the parking spaces are located either on lands within the same zone as the use requiring the parking spaces or within a Commercial or Industrial Zone; c) the owners of both lots shall enter into an agreement with the Municipality, to be registered against title of both lots, and said agreement shall guarantee that the land provided for parking shall continue to be so used until the owners provide altemate parking spaces in accordance with the requirements of this By-law. 6.2.4 Where a building, structure or lot accommodates more than one type of use, the more restrictive parking space requirement shall apply. 6.2.5 Where a use defined by this By-law is not listed in Table 6-2, the parking space requirement for that use shall be based on the requirement for uses of a similar nature. 6.2.6 When an addition to a building occurs, or the use of a building, structure, or Jot changes, the provisions of Section 6.6 of this By-law shall apply. 6.2.7 The required parking spaces shall be dedicated as parking for the physically disabled in accordance with Table 6-3. 6-5 I I I I I I I I , I I I I I I I I I I I Section 6 Parking 6.2.8 ------ - I TABI..E I) - 3 I REGUI..ATlONS - NUMBER OF PARKING SPACES FOR THE PHYSICAI..I..Y DISABI..ED ----- - ----- - --- ------- - -- I..egend 1#' Notation Number of Parking Spaces Required Parking Spaces for Physically Disabled (1) By Table 6 - 2 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total Greater than 1000 21 spaces plus 1 space for every additional 100 spaces or part thereof over 1000 Notations for Table 6 - 3 (1) Nursing homes, retirement homes, hospitals, medical clinics and medical offices shall provide twice the number of parking spaces for the physically disabled as required by Table 6 - 3. 6.3 Parking Area I..ocation and Design Standards 6.3.1 For the purposes of this By-law: a) Aisle shall mean that part of a parking area used for the maneuvering or circulation of motor vehicles. An aisle shall have a minimum width of 4.5 metres for one-way traffic or 6 metres for two-way traffic; b) Commercial Parking Area shall mean a parking area where short term parking of motor vehicles is provided for a fee, and may include a kiosk for the parking attendant as an accessory use; c) Driveway shall mean that portion of a lot designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane; d) Enclosed Parking Area shall mean a parking area located within a building or structure, including multi- storey structures such as aboveground or underground garages; 6-6 I I I I I I I I I I I I I I I I I I I Section 6 6.3.2 6.3.3 6.3.4 Parking e) Parking Area shall mean an area not located on a street, private road, or lane that is used for the parking of more than one motor vehicle with or without a fee being charged, but shall not include any area where motor vehicles are kept or stored for sale or repair. In all Commercial, Industrial and Institutional Zones every open air parking area shall provide for snow storage purposes, an area equivalent to 5% of the area of the required parking spaces and associated aisles. Parking areas and parking spaces located at finished grade are permitted in all yards provided that the following provisions are complied with: a) in all zones except the Rural Settlement Zone, no driveway or parking space shall be located within 7.5 metres of a side lot line abutting a Rural Settlement Zone, or within 1.5 metres of a rear lot line abutting a Rural Settlement Zone; b) in a Commercial Zone, no part of any parking space or parking area other than a driveway shall be located within 1.5 metres of a street line or within a required visibility triangle; c) in a Rural Settlement Zone, no part of any parking space or parking area other than a driveway shall be located within 1 metre of a street line or within a required visibility triangle; and d) in a Rural Settlement Zone, for all non-residential uses, parking shall not be permitted between the building and front or exterior side property lines; and e) In a zone which permits a farm use, commercial motor vehicle parking shall not be permitted between the building and front or exterior side property lines, and no commercial motor vehicle parking shall be permitted within 15 metres of a lot containing a residential use. Parking spaces, parking areas, aisles and driveways shall be constructed and maintained with a stable surface that is capable of permitting access under all climatic conditions. 6-7 I I I I I I I I Section 6 Parking 6.4 Drive-Through Queue Aisle 6.4.1 For the purposes of this By-law: a) Drive-Through Queue Aisle shall mean an on-site stacking lane that is used exclusively for motor vehicles waiting for service from a drive-through window, which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. 6.4.2 Each drive-through establishment shall provide a drive- through queue aisle for the queuing of motor vehicles. 6.4.3 ------------ ----~ TABLE 6 -4 I REGULATIONS DRIVE THROUGH QUEUE AISLES I I I I I I I I I I I I I Drive-through Establishment Length 24m i) Between pick-up window and order board - 24 m; ii) Beyond order board - 48 m Queue Aisle Width (1) Separation from Street line Bankina machine; other 3m 18m Restaurant Notations for Table 6 - 4 (1) Minimum radius shall be 9 m 6.4.4 A drive-through queue aisle shall be separate from all driveways, parking areas, and/or loading spaces on site, and shall not be located within a visibility triangle. 6.4.5 Where a drive-through queue aisle abuts a residential use, the queue aisle shall be setback 12 metres from the lot line and shall be screened from the residential use by a 2 metre high wall or decorative closed board fence. 6-8 I I I I I I I I I I I I I I I I I I I Section 6 Parking 6.5 Loading Spaces 6.5.1 For the purposes of this By-law: a) Loading Space shall mean an unobstructed area of land that is provided on the same lot upon which the principal use is located, and which is used for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded onto or unloaded from such vehicle. 6.5.2 Every building or structure used for a purpose that requires the loading or unloading of goods or materials, including animals, shall provide and maintain loading spaces in accordance with the provisions of Section 6.5. 6.5.3 Loading spaces shall be provided on the same lot as the building, structure or use requiring the loading space and shall be calculated in accordance with the regulations in Table 6 - 5. All loading spaces shall provide a vertical clearance of 5 metres. 6.5.4 - ----------- -- ------ TABLE 6. - 5 REGUI..ATIONS. NUMBER OF LOADING SPACES - -- - -- --- -- --- -- --- Legend * Not applicable Apartment Buildinq - 1 to 30 apartments 1 * Apartment Buildinq - 31 to 90 apartments 1 * Apartment Buildinq - 91 or more apartments 2 * Hospital 4 * Nursing Home; Retirement home 2 * Assembly hall; Bar; Business or Administrative Office; Convenience Store; Motor vehicle Repair Garage; Personal 1 * Service; Professional Service; Place of Entertainment or Restaurant Permitted uses with 100 m to 300 m gross commercial 1 floor area * Permitted uses with 301 m to 1,000 m gross commercial 1 floor area * Permitted uses with 1,000 m to 7,000 m gross commercial 2 * floor area Permitted )Jses with greater than 7,000 m gross 3 * commercial floor area 6-9 I I I I I I I I I I I I I I I I I I I Section 6 Parking I -- -- ------ "I'ABI...E 6 - 5 REGULA"I'IONS - NUMBER OF' LOADING SPACES continued , , Permitted uses with 3,001 mL to 7,000 mL gross floor area 3 '" 3 spaces, plus Permitted uses with greater than 7 ,000 m2 gross floor area 1 space for '" every additional 1 0,000 m2 or portion thereof Permitted uses 1 001 m to 3 000 m gross floor area 2 '" 6.5.5 Access to loading spaces shall be provided by means of an aisle located on the same lot as the use requiring the loading spaces. The aisle shall be a minimum of 6 metres wide and shall lead to a driveway. 6.5.6 Loading spaces shall not be provided in tandem and must be located abutting the building or structure for which they are required. 6.5.7 Loading spaces shall be located in the interior side vard or rear vard. In Industrial Zones, loading spaces are also permitted in the front vard and exterior side yard provided the spaces are setback from the street line a minimum distance of 20 metres. 6.5.8 When an addition to a building occurs, or the use of a building, structure, or lot changes, the provisions of Section 6.6 of this By-law shall apply. 6.6 Additions To or Change in Use of Buildings 6.6.1 The parking space and loading space requirements of this By-law shall not apply to any existing building or structure, so long as the existing floor area of the building or structure is not increased or the use of the building or structure is not changed to a use that requires a greater number of parking spaces or loading spaces. 6.6.2 Where an addition is made to a building or structure that increases the total floor area of the building or structure, then parking spaces and loading spaces for the addition shall be provided in accordance with the requirements of this By-law. 6.6.3 Where the use of a building, structure or lot changes, parking spaces and loading spaces for the new use shall be provided in accordance with the requirements of this By-law. 6-10 I I I I I I I I I I I I I I I I I I I Section 7 Urban Residential 7.0 URBAN RESIDENTIAL ZONE CATEGORY (RESERVED) 7-1 I I I I I I I I I I I I I I I I I I I Section 8 Rural Settlement Zone 8.0 RURAL SETTLEMENT ZONE CATEGORY 8.1 Zones 8.1.1 The Rural Settlement Zone Category consists of the following zones: a) (RS1) Rural Settlement One b) (RS2) Rural Settlement Two (RESERVED) c) (RS3) Rural Settlement Three (RESERVED) 8.2 Permitted Uses 8.2.1 I -- ----- I I TABLE 8-1 PERMITTED USES - RURAL SETTLEMENT ZONES --- ----- -- --- -- --- - -- Legend P Permitted - Not permitted p(') Permitted subject to notation RS1 (1) 8.3 Regulations 8.3.1 RS1 - Rural Settlement One Zone Regulations a) Lot Area and Lot Frontage Residential and Non-Residential Uses Lot area (min) 4000 m2 (max) 6000 m2 Lot frontage (min) 30m (max) 40m 8-1 I I I I I I I I I I I I I I I I I I I Section 8 Rural Settlement Zone - Residential and Non-Residential Uses Front yard 15 m Exterior side yard 15 m Interior side yard 5m Rear yard 15 m b) Yard Setbacks c) Landscaped Area and Lot Coverage Residential and Non-Residential Uses Landscaped area 35% Lot Coverage (max) 15% d) Floor Area i) The minimum floor area shall be 110 m2. e) Height i) The maximum height shall be 10.5 m. 8.4 Exception Zones 8.4.1 RS1 Exception Zones 8.4.1.1 RS1-1 a. Permitted Uses: i) All RS1 zone uses b. Regulations: i) Lot frontage ii) Lot area 45m 8000 m2 c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 8-2 I I I I I I I I I I I I I I I I I I I Section 9 Commercial Zone 9.0 COMMERCIAL ZONE CATEGORY 9.1 Zones 9.1.1 The Commercial Zone Category consists of the following zones: a) (C1) Street-Related Commercial Zone (RESERVED) b) (C2) Downtown Commercial Zone (RESERVED) c) (C3) Primary Commercial Zone (RESERVED) d) (C4) Secondary Commercial Zone (RESERVED) e) (C5) Office Commercial Zone (RESERVED) f) (C6) Neighbourhood Commercial Zone g) (C7) Highway Commercial Zone h) (Ca) Motor Vehicle Service Zone 9.2 Permitted Uses 9.2.1 --- - ----- TABI..E 9 - 1 PERMIT'TED USES - COMMERCIAl.. ZONES I..egend P Permitted - Not permitted P # Permitted subject to notation C6 C7 C8 Bar Refreshment Vehicle Restaurant . Fast Food Restaurant . Take-Out Restaurant . Drive- Throu h Restaurant P P P Assembl Hall P Auction Centre P Banquet Hall P Convention Centre P Cultural Centre P Fitness Centre P Private Club P Motor Vehicle Fuel Bar P P Motor Vehicle Rentals P Motor Vehicle Repair Garage P Ps 9-1 I I I I I I I I I I I I I I I I I I I Section 9 Commercial Zone 1~'~~:~~";E~,:::Ii~:~MMERCfAtHZONES- ----- - ---- I Legend P Permitted - Not permitted P # Permitted sub'ect to notation C6 C7 C8 Motor Vehicle Sales Motor Vehicle Wash Recreational Vehicle Sales and Service P P P Bank . Drive- Throu h Bank Business or Administrative Office Caterer Day Care Centre o Cleaning Distribution Centre Funeral Home Hotel Medical Clinic Motel Personal Service Professional Service Veterinary Clinic P P P P P P P P P P P P P Flea Market Garden and Nursery Centre . Seasonal Garden and Nursery Centre Marine Sales and Service Store . Convenience Store . Fann Equipment and Supply Store . General Merchandise Store . Home Improvement Store . Light Equipment Store . Specialty Store Notations for Table 9 - 1 (1) Permitted within a building containing a permitted non-residential use (2) Permitted on the ground floor of an office buildino (') Permitted as accessory to a permitted non-residential use provided it is not located within 60 m of either a restaurant or playground equipment located in a park (4) Gross leasable floor area (max) - 150 m2 (5) Permitted as accessory to a principal use (5) Gross leasable floor area (min) - 2000 m2 (7) Gross leasable floor area (max) - 700 m2 p p P P P P4 p P(6) P6 P6 P P7 P 9-2 I I I I I I I Section 9 Commercial Zone 9.3 Regulations 9.3.5 C5 Street-Related Commercial Zone Regulations (RESERVED) Downtown Commercial Zone Regulations (RESERVED) Primary Commercial Zone Regulations (RESERVED) Secondary Commercial Zone Regulations (RESERVED) Office Commercial Zone Regulations (RESERVED) 9.3.1 C1 9.3.2 C2 9.3.3 C3 9.3.4 C4 . . a) Lot Area and Lot Frontaae I Lot area 2000 m2(1) Lot frontage 20m I (1) Minimum lot area of 4000 m2 for lots without full municipal services b) Yard Setbacks I Front yard 3m Exterior side yard 3m I Interior side yard 2 m; 0 m where a building has a common wall with a building on an adjacent lot 5 m; abutting a Rural Settlement Zone 7.5 m; and an I Rear yard additional 1 m setback for every 1 m of building height above 10 m I c) Floor Soace Index 1,\ Commercial F. S. I. 0.25 Residential F.S.I. 0.25 I Total F.S.I. 0.5 (1) Where a use meets all the applicable regulations of this By-law but a different maximum F.S.!. is indicated on the I Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I. indicated above. The letter 'T' shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential." I d) Landscaped Area i) Minimum landscaped area shall be 20%. I e) Height i) Maximum height shall be 12 m. I I 9-3 9 3 6 C6 - Neighbourhood Commercial Zone Regulations I I I I I I I Section 9 Commercial Zone f) Gross Leasable Floor Area i) Maximum gross leasable floor area shall be 300 m2. 9.3.7 C7 - Highway Commercial Zone Regulations a) Lot Area and Lot Fronta e Lot area Lot frontage (1) Minimum lot area of 4000 m for lots without full municipal services 3000 m2 (1) 50 m b) Yard Setbacks Front yard Exterior side yard Interior side yard and rear yard 5 m up to 14 m in height, 8 m setback for the portion of the building above a height of 14 m 2 m for buildings up to 14 m in height, 4.5 m yard setback for the portion of the building above a height of 14 m; 0 m where a building has a common wall with a building on an adjacent lot; abutting a Rural Settlement Zone, 5 m for buildings up to 10 m in height; 1 m additional setback for every 1 m of height above 10 m; I I I I I I I I I I I I c) Floor Space Index (1\ Commercial F. S.I. Residential F. S. I. Total F.S.I. 0.3 * 0.3 (1) Where a use meets all the applicable regulations of this By-law but a different maximum F. S. /. is indicated on the Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I. indicated above. The letter "T" shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential". d) Landscaped Area i) Minimum landscaped area shall be 20%, e) Height i) Maximum height shall be 10 m. ii) Maximum height for hotel or motel shall be 30 m. 9-4 I I I I I I I I I I I I I I I I I I I Section 9 Commercial Zone 9.3.8 C8 - Motor Vehicle Service Station Zone Regulations a Lot Area and Lot Fronta e Lot area Lot frontage (1) Minimum lot area of 4000m 2 for 1015 without full municipal services 2000 m2 (1) 40m b) Yard Setbacks Front yard and exterior side i) Building - 3 m; yard ii) Fuel pump island andlor weather canopy - 5 m Interior side yard and rear i) Building - 5 m; yard ii) Canopy - 20 m abutting residential; 5 m abutting non-residential c oar :;f)ace n ex (1\ Commercial F.S.I. 0.25 Residential F.S./. '" Total F.S./. 0.25 ) F/ S I d (1) Where a use meets all the applicable regulations of this By-law but a different maximum F.S.I. is indicated on the Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I. indicated above. The letter "1'" shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean "Residential." d) Landscaped Area i) Minimum landscaped area shall be 20%. e) Height i) Maximum height shall be 6 m. ii) Maximum height for a motor vehicle fuel bar canopy shall be 10 m. 9.4 Exception Zones 9.4.1 C1 Exception (RESERVED) 9.4.2 C2 Exception (RESERVED) 9.4.3 C3 Exception (RESERVED) 9.4.4 C4 Exception (RESERVED) 9.4.5 C5 Exception (RESERVED) 9.4.6 C6 Exception (RESERVED) 9.4.7 C7 Exception 9.9.7.1 C7-1 a. Permitted Uses i) Refreshment Vehicle ii) Restaurant a) Eat in Restaurant b) Take-Out Restaurant 9-5 I I I I I I I I I I I I I I I I I I I Section 9 Commercial Zone c) Drive-Through Restaurant iii) Motor Vehicle Fuel Bar iv) Motor Vehicle Repair Garage v) Motor Vehicle Sales vi) Recreational Vehicle Sales and Service vii) Garden & Nurserv Centre viii)Home Improvement Store b. Regulations i) Refreshment Vehicle is penmitted as accessory to a penmitted non-residential use provided it is not located within 60 m of either a restaurant or playground equipment located in a park. ii) Home Improvement Store shall have a minimum gross leasable floor area of 2000 m2. c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 9.4.8 C8 Exception 9.4.8.1 C8-1 a. Permitted Uses i) Motor Vehicle Fuel Bar ii) Eat-in Restaurant accessory to a Motor Vehicle Fuel Bar. b. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 9-6 I I I I I I I I I I I I I I I I I I I Section 10 Industrial Zones 10. INDUSTRIAL ZONE CATEGORY (RESERVED) 10-1 I I I I I I I I I I I I I I I I I I I Section 11 Institutional Zones 11.0 INSTITUTIONAL AND UTILITY ZONE CATEGORY 11.1 Zones 11.1 Zones 11.1.1 The Institutional and Utility Zone Category consists of the following zones: a) (N) b) (U) Institutional Zone Utility Zone 11.2 Permitted Uses 11.2.1 -- --- -- -- - - -- - -- TABLE 11-1 PERMITTED USES - INSTITUTIONAL AND UTILITY ZONES I , legend P Permitted N - Not permitted U p(") Permitted subject to notation Court House P - Day Care Centre P - Hospital P - Library P - Municipal Administration Building P - Museum P - Public Works Depot - P Pumping Station - P Recreation centre P - School . Elementary School P - . Secondary School P - Utility Substation - P Water Pollution Control Plant - P Water Supply Plant - P 11-1 I I I I I I I I I I I I I I I I I I I Section 11 Institutional Zones 11.3 Regulations 11.3.1 N - Institutional Zone Regulations t a) Lot Area and Lot Fran aae Lot area Elementary school 2.0ha Secondary school 6.5 ha All other uses 460 m2 Lot frontage Elementary school The greater of 140 m; or 25% of the site perimeter Secondary school The greater of 280 m; or 25% of the site perimeter All other uses 40m b) Yard Setbacks Front yard (1) 6m Exterior side yard (1) The greater of: i) 4.5 m; or ii) 1.5 m for each storey or partial storey up to 7.5 m Interior side yard 7.5 m 10 m abutting a Rural Settlement Zone Rear yard 7.5m 10m abutting a Rural Settlement Zone (1) Where there is an established building line, the front yard or exterior yard setback shall be within 2 m of the established building line. c) Landscaped Area and Lot Coverage Landscaped area 30% 40% abutting a Rural Settlement Zone Lot coverage 40% 30% abutting a Rural Settlement Zone d) Height i) The maximum height of an elementary school shall be 3 storeys; ii) The maximum height of a secondary school shall be 4 storeys; iii) The maximum height of all other buildings shall be 6 storeys up to 25 m, except where abutting a Rural Settlement Zone the maximum height shall not be greater than 4 storeys up to 18 m. e) Outdoor Storage Areas are not permitted. f) Portable school buildings shall comply with all yard setbacks. 11-2 I I I I I I I I I I I I I I I I I I I Section 11 Institutional Zones a 0 rea an 0 ron aae Lot area 460 m2 Lot frontage 15m 11.3.2 U - Utility Zone Regulations ) LtA dLtF t b) Yard Setbacks Front yard 6m Exterior Side yard 6m Interior Side yard 3m Rear yard 3m c) Landscaped Area and Lot Coverage Landscaped area 40% Lot coverage 40% d) Height i) All buildings and structures shall have a maximum height of 12 m except where abutting a Rural Settlement Zone the maximum height shall be 10.5 m. 11-3 I I I I I I I I I I I I I I I I I I I Section 12 Open Space Zones 12.0 OPEN SPACE ZONE CATEGORY 12.1 Zones 12.1.1 The Open Space Zone Category consists of the following zones: a) (EP) Environmental Protection Zone b) (NC) Natural Core Zone c) (NL) Natural Linkage Zone d) (P) Park Zone 12.2 Permitted Uses 12.2.1 -------- ----. TABLE 12-1 PERMITTED USES - ENVIRONMENTAL PROTECTION, NATURAL CORE, NATURAL LINKAGE, AND PARK ZONES -------- - - -- - --- - - --- - Legend P Permitted EP NC - Not permitted NL P p(#) Permitted subject to notation Bed and Breakfast P(2) P (2) P Bunkhouse P(3) P P Home Occupation P(2) P Mobile Home Single Detached Dwellinq Farm P(3) P P Farm Occupation P P Greenhouse P(3) P P Reforestation P P P P Riding Arena P P Riding Stable P P Park. Passive P P P P Park. Active P P 12-1 I I I I I I I I I I I I I I I I I I I Section 12 Open Space Zones Notations for Table 12-1 (1) Only permitted as a second dwelling on the lot for persons employed on the fann. (2) Only permitted in dwellings existing as of November 15, 2001. (3) Applies to uses existing as of November 15, 2001. 12.3 Regulations 12.3.1 EP - Environmental Protection Zone Regulations a) Existing residential uses shall regulations for residential Agricultural Zone. comply with the zone uses within the b) Existing non-residential uses shall comply with the zone regulations for non-residential uses within the Agricultural Zone. a 0 rea an 0 ran aae Non-Residential Residential uses Greenhouses All other non- residential uses Lot area I (min) 4000 m" 40 ha 40 ha I (max) 6000 m" '" '" Lot frontaae 30 m 150 m 100 m (1\ 12.3.2 NC - Natural Core Zone Regulations ) LtA dLtF t (1) Farm exclusive of buildings require a minimum frontage of 10 m. b Yard Setbacks Residential uses Non-Residential Greenhouses (1) All other non- residential uses 15 m 15m 15m 15m Front ard 6 m 15 m Exterior side yard 6 m 15 m Interior side yard 2 m 50 m Rear yard 10 m 50 m (1) Loading spaces and areas must comply with setback regulations c) Landscaped Area and Lot Covera e Residential uses Greenhouses Non-Residential All other non- residential uses '" 5% Landscaped area Lot covera e 35% 15% '" 15% d) Floor Area i) Minimum floor area for residential uses shall be 110m2 except a bunkhouse shall be a minimum of 60 m2. 12-2 I Section 12 Open Space Zones I e) Height I i) Maximum height of residential uses shall be 10.5 m. f) Residences for Farm Employees I i) One additional single detached dwelling and/or a maximum of five bunkhouses where permitted provided they are used by persons employed on the farm having a minimum lot I area of 20 ha. I 12.3.3 NL - Natural Linkage Zone Regulations a) Lot Area and Lot Frontaae Non-Residential I Residential uses Greenhouses All other non- residential uses Lot area iminl 4000 m' 40 ha 40 ha I (max) 6000 m' ot ot Lot frontaae 30m 150m 100 m '1' I (1) Farm exclusive of buildings require a minimu m frontage of 10m. b) Yard Setbacks Non-Residential I Residential uses Greenhouses (1) All other non- residential uses Front vard 6m 15 m 15 m I Exterior side vard 6m 15 m 15 m Interior side vard 2m 50m 15 m Rear vard 10 m 50m 15 m I (1) Loading spaces and areas must comply with setback regulations c) Landscaped Area and Lot Coveraqe I Non-Residential Residential uses Greenhouses All other non- residential uses I Landscaped area 35% ot ot Lot coveraae 15% 50% 5% I d) Floor Area i) Minimum floor area for residential uses shall be 110m2 except a bunkhouse shall be 60 m2. I e) Height i) Maximum height of residential uses shall be 10.5 metres. I f) Residences for Farm Employees i) One additional single detached dwelling and/or a maximum I of five bunkhouses where permitted provided they are used I 12-3 I I I I I I I I I I I I I I I I I I I Section 12 Open Space Zones by persons employed on the farm having a minimum lot area of 20 ha. 12.3.4 P - Park Zone Regulations a) Yard Setbacks Front yard 6m Exterior side yard 6m Interior side vard 7.5m Rear vard 7.5m b) Height i) Maximum height shall be 5 m. 12.4 Exception Zones 12.4.4 EP Exception Zones 12.4.1.1 EP-1 ZONE a. Permitted Uses: i) Bed and Breakfast ii) Conservation iii) Farm iv) Flood, erosion and stormwater control structures v) Greenhouse vi) Home Occupation vii) Passive Park viii) Reforestation ix) Riding Arena x) Riding Stable xi) Single Detached Dwellina b. Regulations: i) Residential and non-residential uses shall comply with the zone regulations for residential uses and non-residential uses within the Agricultural Zone; ii) Only a farm, greenhouse, riding arena andlor riding stable that existed as of November 15, 2001 shall be permitted. c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 12-4 I I I I I I I I I I I I I I I I I I I Section 12 Open Space Zones 12.4.1.2 EP-2 ZONE a. Permitted Uses: i) Club house ii) Conservation iii) Reforestation iv) Single Detached Dwellina b. Regulations: o L~A~ 13~ ii) Lo(Frontage 200 m iii) Yard Setback a) Front Yard setback 15 m b) Exterior Side Yard setback 15 m c) Interior Side Yard setback 15 m d) Rear Yard setback 15 m iv) Density (max) 16 dwellings v) Landscaped Area 10% vi) Lot Coverage (max) 5% vii) Height 10.5 m viii) Club house floor area (max) 200 m2 c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 12.4.1.3 EP-3 Zone a. Permitted Uses i) Conservation ii) Farm iii) Flood, erosion and stormwater control structures iv) Private radio communications tower v) Reforestation b. Regulations i) A farm that existed as of November 15, 2001 shall be permitted; ii) Private radio communications tower Floor area (max) 50 m2 iii) Height of tower (max) 80 m c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 12-5 I I I I I I I I I I I I I I I I I I I Section 12 Open Space Zones 12.4.2 NC Exception Zones 12.4.2.1 NC-1 Zone a. Permitted Uses: i) Bed and Breakfast ii) Conservation Hi) Farm iv) Flood, erosion and stormwater control structures v) Greenhouse vi) Home Occupation vii) Passive Park viii) Reforestation ix) Riding Arena x) Riding Stable xi) Single Detached Dwellina b. Regulations: i) Residential and non-residential uses shall comply with the zone regulations for residential uses and non-residential uses within the Agricultural Zone; ii) Only a farm, greenhouse, riding arena andlor riding stable that existed as of November 15, 2001 shall be permitted. c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 12-6 I I I I I I I I I I I I I I I I I I I Section 13 Agricultural Zones 13.0 AGRICULTURAL ZONE CATEGORY 13.1 Zones 13.1.1 The Agricultural Zone Category consists of the following zone: a) (A) Prime Agricultural Zone 13.2 Permitted Uses 13.2.1 ----- ------------- ---- ----- -- TABLE 13-1 PERMITTED USES - AGRICULTURAL ZONE ---- -- ---- - --- Legend P Permitted - Not permitted P # Permitted sub'ect to notation A Bed and Breakfast Bunkhouse Home Occupation Single Detached Dwe/fing P P(1) p p Cemetery(3) Conservation Farm Farm Occupation Farm Produce Outlet Farm Produce Warehouse p p p p p p p p p P P P Greenhouse(2) Place of Worship(3) Reforestation Riding Arena Riding Stable Sod Farm Notation for Table 13-1 (1) Only permitted as a second dwelling on the lot for persons employed on the farm (2) Greenhouse regulations see Section 13.3.1 (3) Applies to uses existing as of November 15, 2001 13-1 I I I I I I I I I I I I I I I I I I I Section 13 Agricultural Zones 13.3 Regulations 13.3.1 A - Prime Agricultural Zone Regulations a) Lot Area and Lot Frontage Non-Residential Residential uses Greenhouses All other non- residential uses Lot frontacre 30m 150 m '2' 100m", (min) 4000 m' 40 ha 2 ha Lot area (max) 7000 m' * 40 ha (1) Applies to single delached dwellina only (2) Farm exclusive of buildings require a minimum frontage of 10m b) Yard Setbacks - Non-Residential Residential uses Greenhouses(1) All other non- residential uses Front yard 6m 15m 15m Exterior side yard 6m 15m 15m Interior side yard 2m 50m 15m Rear yard 10 m 50m 15m (1) Loading spaces and areas must comply with yard setback regulations c) Landscaped Area and Lot Coveraae Non-Residential Residential uses Greenhouses All other non- residential uses Landscaped area 35% * * Lot coveraqe 15% 15% 5% d) Floor Area i) Minimum floor area for residential uses shall be 110m2 except a bunkhouse shall be 60 m2. e) Height i) Maximum height of residential uses shall be 10.5 m. f) Existing Residences i) Existing residences shall comply with the zone requirements for residential uses set out above. g) Residences for Farm Employees i) One additional single detached dwellina and/or a maximum of five bunkhouses where permitted provided they are used by persons employed on the farm having a minimum lot area of 20 ha. 13-2 I I I I I I I I I I I I I I I I I I I Section 14 Aggregate Zone 14.0 AGGREGATE EXTRACTION ZONE CATEGORY 14.1 Zones 14.1.1 The Aggregate Extraction Zone Category consists of the following zone: a) (AE) Aggregate Extraction Zone 14.2 Permitted Uses 14.2.1 ---- ----- ----1 TABLE 14-1 PERMITTED U_SE~_-_AGGREGATE EXTRACTION ZO~_ __J Legend P Pennilted - Not permitted P # Permitted sub' ect to notation AE 14.3 Regulations 14.3.1 AE - Aggregate Extraction Zone Regulations a) Yard Setbacks Farm Pit Front yard 13.3.1 (b) Non-Residential 30 m(1) (2) Exterior side vard Interior side vard uses Rearvard 30 m(1) (2) (3) (1) Mineral aaareaate crusher. Mineral aaareaate processing or Mineral aaareaate stockpile not permitted within 90 m of any abutting lot zoned Rural Settlement or within 90 m of a dwelling on adjacent lands held under distinct and separate ownership (2) Business and administrative office may be permitted with a 15 m setback (3) Where interior side vard or rear vard abuts an interior side vard or rear vard of a lot also zoned AE, the interior side vard or rear vard may be reduced to 15 m 14-1 I I I I I I I I I I I I I I I I I I I Section 14 Aggregate Zone b) Floor Area I Floor area (max) I Farm Pit 100m2 * c) Lot covera e Farm Pit Lot coverage 13.3.1(c) Non-Residential uses I * d) HeiQht I Farm I Pit Heiaht (maxl I 13.3.1!cl Non-Residential uses I 12 m 14-2 I I I I I I I I I I I I I I I I I I I Section 15 Temporary Zones 15.0 TEMPORARY ZONES (RESERVED) 15-1 I I I I I I I I I I I I I I I I I I I Section 16 Future Development Zones 16.0 FUTURE DEVELOPMENT ZONES (RESERVED) 16-1 I I I I I I I I I I I I I I I I I I I Section 17 Major Recreation Zone 17.0 MAJOR RECREATIONAL ZONE CATEGORY 17.1 Zones 17.1.1 The Major Recreation Zone Category consists of the following zones: a) (MR-1) Kirby Ski Resort b) (MR-2) Mosport Speedway 17.2 Permitted Uses and Regulations 17.2.1 MR-1 Zone a. Permitted Uses i) Farm ii) Ski Resort b. Regulations i) Yard setback ii) Floor area (max) 15 m 1 000 m2 17.2.2 MR-2 Zone a. Permitted Uses i) Agricultural fairground ii) Music festival, concerts iii) Speedway b. Regulations i) Yard setbacks ~ fu~ Wm b) Buildings and structures 40 m c) Other permitted uses 100 m ii) Floor area (max) 2000 m2 iii) Only a speedway as it existed as of November 15, 2001 shall be permitted. 17-1 I I I I I I I I I I I I I I I I I I I BY-LAW read a first time this 6th day of June 2005 BY-LAW read a second time this 6th day of June 2005 BY-LAW read a third time and finally passed this 6th day of June 2005 / ~ I I I APPENDIX A - MINIMUM DISTANCE SEPARATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I MINIMUM DISTANCE SEPARATION I (MDS I) CALCULATION SHEET FOR NON-AGRICULTURAL USES USE: To detennine the required Minimum Distance Separation (MDS I) for non-agricultural uses establishing or expanding in proximity to livestock facilities PURPOSE: To reduce the potential for odour conflicts between existing livestock facilities and proposed neighbouring land uses APPLICATION: MDS will be used for: . assessing official plan amendments . assessing zoning bylaw amendments . evaluating consent applications . other land use proposals The following infonnation is to be completed as it relates to the livestock operation. A separate calcnlation sheet is to be filled out for each livestock operation in proximity to the proposed non-agricnltural use. APPLICANT'S NAME PHONE ADDRESS POSTAL CODE FARMER'S NAME PHONE ADDRESS POSTAL CODE COUNTY /REGION TOWNSHIP LOT CONe. FILE # EVALUATION DATE EVALUATOR Minimum Distance Separation required from Livestock Facility = metres (from Table 2) Actual distance as reponed or estimated from Livestock Facility = metres Minimum Distance Separation required from Manure Storage = metres (from Table 3) Actual distance as reported or estimated from Manure Storage = metres This application MEETS 0 DOES NOT MEET 0 MDS requirements for the barn and manure storage. I I I I I I I I I I I I I I I I I I I ASSESSMENT OF THE LIVESTOCK FACILITY To calculate Livestock Units, complete Step I based on infonnation in Table I below. STEP 1. TOTAL LIVESTOCK UNITS Column I Column 2 Column 3 Column 4 TYPE OF LIVESTOCK HOUSING CAPACITY NUMBER OF NUMBER OF ANIMALS PER LIVESTOCK UNITS LIVESTOCK UNIT (Co!. 2ICol.3) (From Table 1) (A) = TOTAL LIVESTOCK UNITS (sum of Column 4) (A) If there are more than 300 livestock units, reference must be made to a full set of tables available from the Ontatio Ministry of Agriculture, Food and Rural Affairs TABLE 1. ANIMAL GROUPS ANIMAL GROUP ANIMAL GROUP ANIMAL GROUP ANIMAL GROUP ANIMAL GROUP 1 2 3 4 5 1 Livestock Unit equals 1 Livestock Unit equals I Livestock Unit equals I Livestock Unit equals I Livestock Unit equals 200..Chicken Broilers 4.....Adult Sheep' l....Beef Cow' YardlBam 80.....Adult Mink' 4....Feeder Hogs 1.....Horse' l....Beef CowlConfinemern 2....Beef Feeder Yard/Barn 40.....Adult Fox' 5....SowslBoars 10...Feeder Lambs I....Dairy COWl.' 125....Caged Layers 20..Weaners 4-30kg lOO..Ducks 2...Dairy HeiferYardjBarn 6....White Veal 5.....Emu 40...Adult Rabbits' 4.....Adult Goats' 3....Red Veal <300kg 10....Feeder Goats 125..Chicken Breeder 3.....0slrich Layers 500..Pullets 75...Turkey Breeder 50...Turkeys (> 10kg) Layers 75...Turkeys (5-lOkg) lOO..Turkeys (<5kg) 'Includes calfto 150 kg, 2 Multiply the number of milking cows by 1.5 to account for dry cows, heifers and calves on the same fann, , Includes offspring until weaned, . Includes offspring to market size. Select Animal Group I 2 3 4 or S, depending on type of animals on farm. If there are animals from different groups, select the highest group number. The group number is used when refelring to Table 2. STEP 2. LAND BASE ASSESSMENT (B) Number of tillable hectares' on site x 5 = 'Maximum (B) is ISO Livestock Units. (B) Potential Livestock Units STEP 3. Enter the GREATER OF (A) Total Livestock Units OR (B) Potential Livestock Units Use this figure to enttI Column 1 or T&b:e 2. STEP 4. TABLE 2. MINIMUM DISTANCE SEPARATION FROM LIVESTOCK FACILITY I I I I I I I I I I I I I I I I I I I Read across appropriate line from Column 1 to respective Animal Group and Land Use Type. This number is the Minimum Distance Separation requirement in metres from a livestock facility, COLUMN 1 TYPE "A" LAND USE TYPE "B" LAND USE To pennit: To pennit: . Up to 3 rural residential lots, either by . residential subdivision consent or by plan of subdivision . active recreational . the severance of an existing dwelling . institutional . passive recreational . commercial . the building of a dwelling on . . urban expansion an existing lot of record . multiple residential . agriculturally related commercial . or result in a Rural Residential Cluster . industrial Animal Group Animal Group Greater of Livestock Units (A) or Potential (I) (2) (3) (4) (5) (I) (2) (3) (4) (5) Livestock Units (B) 1-5 39 42 48 60 85 73 78 90 112 160 10 55 60 68 85 98 104 1I2 128 160 183 15 65 70 80 100 115 122 132 151 188 215 20 72 78 89 111 127 135 146 167 208 238 25 78 84 95 119 136 146 157 179 224 256 30 82 88 101 126 144 154 166 189 237 271 35 86 92 106 132 151 161 173 198 247 283 40 89 96 110 137 157 167 180 206 257 294 45 92 99 113 142 162 173 186 213 266 304 50 95 102 117 146 167 178 192 219 274 313 55 98 105 120 150 172 183 197 225 282 322 60 100 108 123 154 176 188 202 . 231 289 330 65 102 110 126 158 180 192 207 236 295 338 70 105 113 129 161 184 196 211 241 302 345 75 107 115 131 164 188 200 215 246 308 352 80 109 117 134 167 191 204 219 251 313 358 85 11l 119 136 170 194 207 223 255 319 364 90 112 121 138 173 198 211 227 259 324 370 95 114 123 140 176 201 214 230 263 329 376 100 116 125 143 178 204 217 234 267 334 382 110 119 128 146 183 209 223 240 275 343 392 120 122 131 150 188 214 229 246 281 352 402 130 125 134 154 192 219 234 252 288 360 411 140 127 137 157 196 224 239 257 294 368 420 150 130 140 160 200 228 244 262 300 375 428 160 133 143 164 205 234 250 269 307 384 439 170 136 147 168 210 240 256.. 275 314 393 449 180 139 150 172 214 245 262 282 322 402 460 190 143 154 175 219 251 268 288 329 411 470 200 146 157 179 224 256 273 294 336 420 480 210 149 160 183 229 262 279 301 344 429 491 220 152 164 187 234 267 285 307 351 439 501 230 155 167 194 239 273 291 313 358 448 512 240 158 171 195 244 278 297 320 365 457 522 250 162 174 199 248 284 303 326 373 466 532 260 165 177 203 253 290 309 332 380 475 543 270 168 181 207 258 295 315 339 387 484 553 280 171 184 210 263 301 321 345 395 493 564 290 174 188 214 268 306 327 352 402 502 574 300 177 191 218 273 312 333 358 409 511 584 Continue to TABLE 3 (next page). . . . . . I . . I . I I I . ,'I I . I I STEP 5 TABLE 3. MINIMUM DISTANCE SEPARATION FROM MANURE STORAGE The following table is used to calculate MDS requirements in metres from manure storages associated with livestock facilities. Using the resulting MDS distance from Table 2, read across the appropriate line to Column I. 2, 3 or 4. Select the distance under the appropriate Land Use Type. This is the MINIMUM DISTANCE SEPARATION REQUIREMENT from the manure storage of a livestock facility for the estahlishment of a non-farm use. Colurrm 1: Roofed or covered storages for manure, runoff, and milkhouse washwater. Includes any covered or roofed concrete, steel or earthen storages, in-barn solid manure packs, and storages under fully slatted floors. Column 2: Open solid manure pile on concrete slah. Includes the runoff storages (concrete or earthen) used for capturing seepage liquids from solid manure storage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or steel tank and column 4 when runoff storage is earthen. Milkhouse washwater may be added to runoff storage. Column 3: Open concrete or steel tanks used for storing liquid manure, milkhouse washwater, or yard runoff where yard is scraped into storage. Column 4: Open earth-sided or earth-sided storage with concrete floor to be used for storing liquid manure or yard runoff when yard is scraped into storage Of milkhouse washwater. MANURE STORAGE DISTANCE Distance for Column I Column 2 Column 3 Column 4 Livestock Covered Storage Open Solid and Open Liquid Tank Earthen Liquid and Facility from Systems (m) Runoff Storage and Runoff Storage Runoff Storage Table 2 (Step 4). Systems (m) Systems (m) Systems (10) Type "A" Type "B" Type "A" Type "B" Type "A" Type "B" Type "A" Type "B" (m) Land Use Land Use Land Use Land Use Land Use Land Use Land Use Land Use 40 40 - 55 - 119 - 324 - 45 45 - 60 - 123 - 326 - 50 50 - 65 - 127 - 328 - 55 55 . - 70 - 132 - 331 - 60 60 - 74 - 136 - 333 - 65 65 - 79 - 140 - 335 - 70 70 70 84 103 144 241 337 686 75 75 75 89 107 149 246 339 689 80 80 80 94 112 153 250 342 691 85 85 85 99 117 157 254 344 693 90 90 90 103 122 161 258 346 695 95 95 95 108 127 165 263 348 698 100 100 100 113 132 170 267 351 700 110 110 110 123 141 178 275 355 704 120 120 120 133 151 187 284 359 709 130 130 130 142 161 195 292 364 713 140 140 140 152 171 203 301 368 717 150 150 150 162 180 212 309 373 722 160 160 160 172 190 220 318 377 726 170 170 170 181 200 229 326 382 731 180 180 180 191 209 237 335 386 735 190 190 190 201 219 246 343 390 740 200 200 200 210 229 254 351 395 744 210 210 210 220 239 263 360 399 749 220 220 220 230 248 271 368 404 753 230 230 230 239 258 280 377 408 757 240 240 240 249 268 288 385 413 762 260 260 260 268 287 305 402 421 771 280 280 280 288 307 322 419 430 780 300 300 300 307 326 339 436 439 788 320 320 320 327 346 356 453 448 797 340 340 340 346 365 372 470 457 806 360 360 360 366 385 389 487 466 815 380 380 380 385 404 406 504 475 825 400 400 400 404 423 423 521 483 833 450 450 450 453 472 465 563 506 855 500 500 500 501 520 508 605 528 877 550 550 550 550 569 550 648 550 . 899 I I I APPENDIX B- MINIMUM DISTANCE SEPARATION II I I I I I I I I I I I I I I I I I MINIMUM DISTANCE SEPARATION II DATA SHEET I, USE: I PURPOSE: I To determine the required minimum distance for livestock and poulty facilities within agricultural areas. To permit the orderly development of livestock operations within agricultural areas, and to reduce the potential for enviommental conflicts between livestock or poultry operations and incompatible land uses. I . As a method of siting livestock and poultry housing and manure facilities by municipalities through incorporation into by-laws as authorized under the Planning Act. . As a guideline for certification of new, proposed expansion of or modification of livestock facilities under the Ontario Certificate of Compliance Program. The following information is to be completed as it relates to the livestock operation. APPLICATION: I Farm Name/Owner I Farm Location: County/Region Address: Postal Code: I Twp. Lot Con. Phone: ( ) Fax: (-)- I This project consists of: D Existing livestock or poultry facilities. D Modifications to existing livestock or poultry facilities. D Manure storage. D New livestock or poultry facilities. D Pollution abatement program. D Rebuilding (ie. after fire). I Use the table below to list the type and number of livestock or poultry housed at anyone time on the property: HOUSING CAPACITY Type or Animal Existing Final HousedlFenced Operation Operation e.g. chicken broilers 20000 22000 I I I I I Manure Storage Infonnation: I Dry Manure Collection D Stable CleanerlBelts D Tractor Scraper D Manure Pack in Bam D I I I Dry Manure Storage D Manure Pack D Roofed Solid Storage D Open Solid Storage with Concrete Runoff Tank D Open Solid Storage with Earthen Runoff Tank D Open Solid Storage D Liquid Manure Collection D Stable Cleaner, Alley Scraper D Flush System D Flow Gutter, Fully-Slatted Floors D Flow Gutter, Partially-Slatted Floors D Full Storage Under Slats Liquid Manure Storage D Full Storage under Slats D Open Concrete or Steel Storage D Open Earthen Storage Covered Concrete Storage I I I I I I .1 ! il I I 'I I I I I I I .. I I. SKETCH: The following items must be shown on the property sketch (below): North I Any town 2 kr 450' 0- NN 33 Location of all lot lines. North direction. Location and size of all existing and proposed buildings on the property. Distances in metres from proposed structures to public roads and neighbouring dwellings. Location and distance in metres of subject structures to all streams, ditches, municipal drains, severances, etc. Locations of all manure tanks, pads and earthen storages. Location and distances in metres from suhject structures to nearest area roned 'Residential', Locate and Identify (drilled, dug) water wells Current use of lands/buildings adjacent to property. Any other unusual siting conditions. Residence on Severed lot 950' Mach. ShoJ rn 525' Proposed 36'X 100 Hog barn _d50' covered tank Open Municipal Drain Draw Sketcb Below: (If necessary, please attach additional drawings for clarification) I I", I I I I I I I I, I I I I I I I Jifp, ~) 1_' I MINIMUM DISTANCE SEPARATION II CALCULATION FORM Farm Name/Owner Type of Existing Barn Livestock Additional Livestock Total Barn Livestock Livestock/Poultry Capacity Units Barn Capacity Units Capacity Units Total I Total 2 Total 3 Total 2 -+ [ Calculation of Percentage Increase: xlOO = [ ]% Total I -+ [ Factor A: Livestock/poultry to be added. Table I ............... Factor B: Total number of livestock units. Table 2 . . . . . . . . . . . . . . . Factor C: Percentage increase. Table 3 . . . . . . . . . . . . . . . . . . . . .. . . Factor D: Type of manure system (Solid=O.7, Liquid=0.8) ........ Factor A: Factor B: Factor C: Factor D: ] 1 ] 1 Building Base distance (A x B x C x D) Base Distance 'F': Manure Storage Base Distance Table 4 Base Distance' 5': MINIMUM DISTANCE BUILDING: 'F' MANURE '5' SEPARATION Base Distance [ ] STORAGE: [ ] SUMMARY: metres Base Distance metres Column I Co!. 2 Co!. 3 Co!. 4 Col.5 Col. 6 Neighbouring land use or Factor Distance Actual Distance Actual boundary "P'x Distance "S" x Distance Co!. 2 (m) (m) Col.2(m) (m) Nearest Neighbour's 1.0 Dwelling Areas zoned or 1.0 designated Agriculturally Related Commercial Use Passive Recreational or Industrial Areas zoned or 2.0 designated Residential, Institutional, Active Recreational, or Commercial. Urban Areas . Nearest Side or Rear Lot 0.2 Line Nearest Road Allowance 0.25 . (Side or Front Lot Line) I I I I I I I I I I I I I I I I I I I TABLE 1: FACTOR' A' (Barn Odour Potential). and Animals per Livestock Unit (based on housing capacity). Animals per Livestock Unit l Factor A: BEEF I I 2 2 CHICKEN 125 125 125 200 500 DAIRY I I 2 2 DUCK EMU FOX 100 5 40 GOAT 4 10 HORSE MINK OSTRICH RABBIT I 80 3 40 SHEEP 4 10 SWINE 5 20 4 TURKEY 50 75 75 100 500 VEAL 6 3 Beef COWl .................... .(bam confinement) .................... 0.7 " "....................... .. .(bam with yard) ...................... 0.8 Beef Feeders. . . . . . . . . . . . . . . . . . . .(bam confmement) .................... 0.7 " "......................... .(bam with yard) ...................... 0.8 Caged Layers .................. .(manure stored in barn) . . . .. .. . . . .. . . .... 1.0 Caged Layers .... . . . . . . . . . .. . . . .(daily manure removal) . . . . . . . .. . .. . .. .. 0.8 Chicken Breeder Layers .............................................. 0.8 Chicken BroilerslRoastets ............................................. 0.65 Pullets (replacement layers) . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 0.7 Milking Cowl,2 . . . . . . . . . . . . . . . . . .(tie-stall) . . .. . . . . . . . . . .,. . . . . . ., . . . .. 0.65 " ........................ .(free-stall) . .. .. .. . .. .. . .. ... .. .... .., 0.7 Dairy Heifers .................. .(bam confinement) .................... 0.7 " .........................(bamwithyard) ......................0.8 Ducks ............................................................ 0.7 Emu ............................................................. 0.7 Adult Fox' ........................................................ 1.1 Adult Goats' ..... . . . . . .. . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. 0.7 Feeder Goats (>20 kg) . . . . . . .. . .. . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. 0.7 Horse' . .. .. . .. . .. .. .. . .. . .. .. . . . .. . . .. .. .. . .. . . . .. . .. . .. .. .. .. . ... 0.65 Adult Mink' ....................................................... 1.1 Ostrich ........................................................... 0.7 Adult Rabbits' . . . . . . .. . . .. . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. 0.8 Adult Sheep' .. .. .. . .. .. .. .. .. . .. . .. .. .. .. . . .. . .. .. . . .. . .. . .. .. .. . .. 0.7 Feeder Lamhs (>20 kg) .. .. . ... : .. . .. . . . . . . . . . . . . . . . .. . . . . .. . . .... . . .. 0.7 Sows/Boars . . . . ., . . . . . .. . .... .. . . . . . . . . . . . . . . . .. . . . . . . . ., . .., . .. . .. 1.0 Weaners (4-30 kg)5 .................................................. 1.0 Feeder Hogs (30-120 kg). ....... .. ... .. .......... .. ... .... ... ......... 1.0 Meat Turkeys (>10 kg) ............................................... 0.7 Meat Turkeys (5-10 kg) .............................................. 0.7 Turkey Breeder Layers .....,......................................... 0.8 Meat Turkeys (<5 kg) ....................,........................... 0.7 Pullets (replacement breeders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . .. 0.7 White Veal ........................................................ 1.0 Red Veal (<300 kg) ................................................. 0.8 Notes: For all other animals/poultry use I livestock unit per 450 kg housed at one time (A=O.8). 'Includes calf to 150 kg. 2 A dairy farm usually has milking cows, dry cows. heifers and calves. Multiply the number of milking cows by 1.5 to account for the followers when they are all kept on the same farm. 'Includes offspring until weaned. 'Includes offspring to market size. 5Multiply number of sows by 2.4 to deterrn:ne the number of ",'eaners I I I I I I I I I I I I I I I I I I I TABLE 2: FACTOR 'B' (Final Livestock Units). Livestock Factor Livestock Factor Livestock Factor Livestock Factor Units B Units B Units B Units B 5 - 107 95 - 313 500 - 578 1600 - 821 6 - 119 100 - 318 520 - 585 1650 - 829 7 - 129 110 - 327 540 - 592 1700 - 836 8 - 138 120 - 335 560 - 598 1750 - 844 9 - 145 130 - 343 580 - 605 1800 - 851 10 - 152 140 - 350 600 - 611 1850 - 858 12 - 164 150 - 357 620 - 617 1900 - 865 14 - 175 160 - 366 640 - 623 1950 - 872 16 - 183 170 - 374 660 - 629 2000 - 879 18 - 191 180 - 383 680 - 635 2100 - 892 20 - 198 190 - 392 700 - 640 2200 - 905 22 - 205 200 - 400 720 - 646 2300 - 917 24 - 210 210 - 409 740 - 651 2400 - 929 26 - 216 220 - 418 760 - 656 2500 - 941 28 - 221 230 - 426 780 - 661 2600 - 952 30 - 225 240 - 435 800 - 666 2700 - 963 32 - 230 250 - 444 850 - 679 2800 - 974 34 - 234 260 - 452 900 - 690 2900 - 985 38 - 241 280 - 470 1000 - 713 3200 - 1015 40 - 245 290 - 478 1050 - 723 3400 - 1034 45 - 253 300 - 487 1100 - 733 3600 - 1053 50 - 261 320 - 501 1150 - 743 3800 - 1071 60 - 275 360 - 522 1250 - 762 4200 - 1105 65 - 28.1 380 - 531 1300 - 771 4400 - 1121 70 - 287 400 - 540 1350 - 780 4600 - 1136 75 - 293 420 - 548 1400 - 789 4800 - 1152 80 - 298 440 - 556 1450 - 797 5000 - 1166 85 - 304 460 - 564 1500 - 805 7500 - 1326 90 - 309 480 - 571 1550 - 813 1??oo - 1455 TABLE 3: FACTOR 'C' (Percentage Increase). Percentage Factor Percentage Factor Percentage Factor Increase C . Increase C Increase C . 0-50 - 0.70 120 - 0.86 280 - 1.03 55 - 0.72 130 - 0.88 300 - 1.04 60 - 0.73 140 - 0.90 325 - 1.05 65 - 0.75 150 - 0.91 350 - 1.06 70 - 0.76 160 - 0.92 375 - 1.07 75 - 0.77 170 - 0.94 400 - 1.08 80 - 0.78 180 - 0.95 425 - 1.09 85 - 0.79 190 - 0.96 450 - 1.10 90 - 0.81 200 - 0.97 500 - 1.11 95 - 0.82 220 - 0.99 550 - 1.12 100 - 0.83 240 - 1.00 650 - 1.13 110 - 0.85 260 - 1.02 700 - 1.14 Note: Fornewlivestock farms or if the % increase is greater than 700 per- cent, use Factor C ; 1.14 I I I I I I I I I I I I I I I I I I I TABLE 4: SITING DISTANCES FOR MANURE STORAGES (metres). Column 1: Roofed or covered storages for manure, runoff, and milkhouse washwater.lnc\udes any covered or roofed concrete, steel or earthen storages, in-barn solid manure packs. and storages under fully slatted floors. Column 2: Open solid manure pile on concrete slab. Includes the runoff storages (concrete or earthen) used for capturing seepage liquids from solid , manure storage or runoff liquids from yards. If yards are scraped into runoff storage, use column 3 when runoff storage is a concrete or steel tank and column 4 when runoff storage is earthen. Mi1kbouse washwater may be added to runoff storage. Column 3: Open concrete or steel tanks used for storing liquid manure, milkbouse washwater, or yard runoff where yard is scraped into storage. Column 4: Open earth-sided or earth-sided storage with concrete floor to be used for storing liquid manure or yard runoff when yard is scraped into storage or milkbouse washwater. Column 1 Column 2 Column 3 Column 4 Minimum Base Covered Storage Open Solid Open Liquid Tank Earthen Liquid Distance Systems (m) and Runoff and Runoff and Runoff 'f' forthe Building Storage Storage Storage (m) Systems(m) Systems (m) Systems (m) 40 40 55 119 324 45 45 60 123 326 50 50 65 128 328 55 55 70 132 331 60 60 74 136 333 65 65 79 140 335 70 70 84 144 337 75 75 89 149 340 80 80 94 153 342 85 85 99 157 344 90 90 104 161 346 95 95 108 166 348 100 100 113 170 351 105 105 118 174 353 110 110 123 178 355 115 115 128 182 357 120 120 133 187 360 125 125 138 191 362 130 130 142 195 364 135 135 147 199 366 140 140 152 204 368 145 I. 145 157 208 371 150 150 162 212 373 160 160 172 220 377 170 170 181 229 382 180 180 191 237 386 190 190 201 246 391 200 200 210 254 395 210 210 220 263 399 220 220 230 271 404 230 230 239 280 408 240 I 240 249 288 413 260 260 269 305 422 280 280 288 322 430 300 300 307 339 439 320 320 327 356 448 360 360 366 389 466 380 380 385 406 475 400 400 404 423 484 420 420 424 440 492 440 440 443 457 501 480 480 482 491 519 500 500 502 508 528 550 550 550 550 550 MANURE STORAGE BASIC DISTANCE'S' I I I I I I I I ,I I I I I I I I I I I ",-= .""""""00<<>:) "",,_ONO::> 'NOISS3:ONOO ~N""""= "<>w.l:;NCO 'NO"""ON"" <",""",0..0, ,-~ ,,,,,.,,,,,,,<<>0 (.:,-.~""",",ONro I.).... , I . ~ I , , '0. .- - ;b""'''~ ~ """"...".~ ~. .~ ,.. ~ . ~\ . -1 . _.~ ~- - ~" - ....011,. 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