TOWN OF WALKERTON
COMPREHENSIVE ZONING BY-LAW
No. 92-35
August 10, 1992
Reformatted - August, 2000
Office Consolidation – October, 2011
TABLE OF CONTENTS
TABLE OF CONTENTS
EXPLANATORY NOTE
SECTION
1
PART I
TITLE
2
AREA OF APPLICATION
3
INTERPRETATION
3.1
3.2
3.3
3.4
3.5
3.6
3.7
4
General
Zoning Schedules
Precedence of Schedules
Defined Areas
Zone Boundaries
Closings
Text
ADMINISTRATION & ENFORCEMENT
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
Chief Building Official
Application, Plans & Permits
Final Inspection Report
Application for Building Permit
Saugeen Valley Conservation Authority Permits
Issuance of Certificate of Occupancy
Records
Changes of Occupancy
Enforcement
Offenses & Penalties
Validity
Other By-laws & Requirements
Metric & Imperial Measurement
Health Approval
PART II
5
DEFINITIONS
PART III
6
GENERAL PROVISIONS ALL ZONES
6.1
Zones
6.2
Scope & Effect
6.2.1 Use of Land, Building or Structures
6.2.2 Area and Yard Requirements
6.3
Exceptions to Height Requirements
6.4
Area Requirements to Remain
6.5
Parking Requirements
6.5.1 Residential
6.5.2 Commercial
6.5.3 Schools, Institutions and Places of Assembly
6.5.4 Industrial
6.5.5 Existing Building or Structure
6.5.6 More Than One Use
6.5.7 Parking Space Dimensions
6.5.8 Parking Regulations For Residential Zones
6.5.9 Ingress & Egress
6.5.10
Parking of Commercial Motor Vehicles, Trailers,
Boats and Motorized Snow Vehicles
6.6
Loading Requirements
6.6.1 Required Number of Loading Spaces
6.6.2 Loading Space Dimensions, Access & Locations
6.7
Truck, Bus & Coach
6.8
Swimming Pools
6.9
Permitted Uses in All Zones
6.9.1 Public Streets
6.9.2 Public Utilities
6.9.3 Government Signs
6.10 Temporary Uses
6.11 Obnoxious Uses
6.12 Non-Conforming Uses
6.13 Non-Compliance of Existing Uses
6.14 Exception to Yard Requirements
6.15 Exemption From Front Yard Requirements
6.16 Exemption From Lot Frontage or Area Requirements
6.17 Frontage on a Street
6.18 Multiple Uses
6.19 Landscaping of Front Yard
6.20 Prohibited Uses
6.21 Provincial Road Right-of-Way Set Back
6.22 Regulations For Daylighting Triangles
6.23 Converted Dwellings
6.24 Accessory Buildings
6.25 Home Occupations Permitted
6.26
6.27
6.28
6.29
6.30
6.31
6.32
Drainage Of Lots
Bed & Breakfast Establishment
Watercourse Setbacks
Dwelling Units Below Grade
Special Holding Provisions
Special Use Provisions
Servicing Requirements
PART IV
7
RESIDENTIAL "R" ZONES
7.1
7.2
7.3
7.4
7.5
7.6
7.7
General Provisions For Residential Zones
7.1.1 Uses of Residential Lots
7.1.2 Non-Residential Buildings
7.1.3 Minimum Frontage - Corner Lots
7.1.4 Parking Requirements
Residential "R1" Zone
7.2.1 Permitted Uses
7.2.2 Zone Provisions (Full Municipal Services
7.2.3 Zone Provisions (Partial & No Services)
7.2.4 Special Provisions
Residential "R1a" Zone
7.3.1 Permitted Uses
7.3.2 Zone Provisions
7.3.3 Special Provisions
Residential "R2" Zone
7.4.1 Permitted Uses
7.4.2 Zone Provisions
7.4.3 Special Provisions
Residential "R3" Zone
7.5.1 Permitted Uses
7.5.2 Zone Provisions
7.5.3 Maximum Density
7.5.4 Special Provisions
Residential "RM1" Zone
7.6.1 Permitted Uses
7.6.2 Zone Provisions
7.6.3 Maximum Density
7.6.4 Special Provisions
Residential "RM2" Zone
7.7.1 Permitted Uses
7.7.2 Zone Provisions
7.7.3 Maximum Density
7.7.4 Access Yard
7.7.5 Outdoor Living Area
7.8
8
COMMERCIAL "C" ZONES
8.1
8.2
8.3
8.4
9
7.7.6 Minimum Distance Between Residential Buildings
7.7.7 Special Provisions
Residential "RM3" Zone
7.8.1 Permitted Uses
7.8.2 Zone Provisions
7.8.3 Maximum Density
7.8.4 Minimum Distance Between Residential Buildings
7.8.5 Play Space for Apartments
7.8.6 Landscaping for Apartments
7.8.7 Canopies For Entrances to Apartment Buildings
7.8.8 Special Provisions
General Provisions For Commercial Zones
8.1.1 Space for Landscaping
8.1.2 Dwelling Unit and Sleeping Accommodation
Local Commercial "C1" Zone
8.2.1 Permitted Uses
8.2.2 Zone Provisions
8.2.3 Residential Uses
8.2.4 Open Storage
8.2.5 Landscaped Open Space
8.2.6 Structure on a Lot
8.2.7 Special Provisions
Highway Commercial "C2" Zone
8.3.1 Permitted Used
8.3.2 Zone Provisions
8.3.3 Regulations for Automobile Stations
8.3.4 Special Regulations for Automobile Washing Establishments
8.3.5 Open Storage
8.3.6 Special Provisions
General Commercial "C3" Zone
8.4.1 Permitted Uses
8.4.2 Zone Provisions
8.4.3 Distance from Lot Line
8.4.4 Hotels, Motels
8.4.5 Automobile Service Stations and Public Garages
8.4.6 Dwelling Units in Part of a Permitted Use
8.4.7 Special Provisions
INDUSTRIAL "M" ZONES
9.1
General Provisions Form Industrial Zones
9.1.1 Separation on Lands Adjoining Other Zones
9.1.2 Use of Front and Exterior Side Yard
9.2
9.3
9.4
9.5
10
PLAN DEVELOPMENT "PD" ZONE
10.1
10.2
10.3
11
Permitted Uses
Zone Provisions
Special Provisions
PUBLIC USE "O" ZONE
11.1
11.2
11.3
11.4
12
9.1.3 Material to be Used in Construction
9.1.4 Fencing
9.1.5 Quonset Buildings
9.1.6 Noxious Trade
9.1.7 Property Abutting Railway
9.1.8 Dwelling Unit and Sleeping Accommodation
9.1.9 Industrial Park Holding Zone
General Industrial "M1" Zones
9.2.1 Permitted Uses
9.2.2 Zone Provisions
9.2.3 Open Storage
9.2.4 Use of Front & Exterior Side Yards
9.2.5 Special Provisions
Heavy Industrial "M2" Zones
9.3.1 Permitted Uses
9.3.2 Zone Provisions
9.3.3 Open Storage
9.3.4 Use of Front & Exterior Side Yards
9.3.5 Special Provisions
Industrial Park "M3" Zone
9.4.1 Permitted Uses
9.4.2 Zone Provisions
9.4.3 Open Storage
9.4.4 Special Provisions
Industrial Park "M4" Zone
9.5.1 Permitted Uses
9.5.2 Zone Provisions
9.5.3 Special Provisions
Permitted Uses
Zone Provisions
Dwelling Accommodation
Special Provisions
PARK "G" ZONE
12.1
12.2
Permitted Uses
Zone Provisions
12.3
13
Special Provisions
ENVIRONMENTAL PROTECTION "EP" ZONE
13.1
13.2
Permitted Uses
Special Provisions
14
SILVER CREEK "S" ZONE
15
ENACTMENT
15.1
15.2
Repeal of Existing By-law
Effective Date
PART V
SCHEDULE "A"
EXPLANATORY NOTE
The purpose of this Zoning By-Law is to implement the Official Plan of the Town of
Walkerton of the Walkerton Planning Area. The Official Plan states, in several sections,
that it is intended that an implementing Comprehensive Zoning By-Law will be adopted
which would reflect the principles, policies and land use descriptions contained in this
Plan.
The Official Plan is a general document which establishes overall policy for the control
of development to ensure that the type, location and timing of development is consistent
with good planning and the local municipality's ability to provide the necessary services.
This document generally indicates or designates lands in different general categories of
use such as Residential, Commercial, Industrial, etc., for the life of the Plan.
The Zoning By-Law implements the Official Plan and all zoning must be in conformity
with the Official Plan. This does not mean that the zoning map must be identical with
the land use map in the Official Plan; but it does mean that the Zoning By-Law must
ensure the implementation of the Official Plan.
If the Official Plan is the document which establishes What will be developed, the
Zoning By-Law provides the How of specific provisions governing the use and the When
by requiring the change be approved by Council to ensure that the development is not
premature.
Unlike the official plan, the zoning by-law contains very specific and legally enforceable
regulations. Any new development or construction that fails to comply with a
municipality's zoning by-law is no permitted and will be denied a building permit.
1.
TITLE
This By-Law may be cited as the "Walkerton Comprehensive Zoning By-Law".
2.
AREA OF APPLICATION
The provision of this By-Law shall apply to the entire area within the corporate
limits of the Town of Walkerton.
3.
INTERPRETATION
3.1
General
In their interpretation and application, the provisions of this By-Law shall
be held to be the minimum requirements adopted for the promotion of the
public health, safety, convenience or general welfare. Whenever the
requirements of this By-Law are at variance with the requirements of any
other By-Law, the most restrictive, or the By-Law imposing the higher
standards, shall govern and apply. Nothing in this By-Law shall be
construed to exempt any person from complying with the requirements of
any By-Law of the Town of Walkerton or the County of Bruce or from any
law of the Province of Ontario or of Canada.
3.2
Zoning Schedules
Schedule "A" attached hereto, together with notations and references
shown thereon, is hereby declared to form part of this By-Law.
3.3
Precedence of Schedules
In the event that a conflict or inconsistency exists between Schedule "A"
and any other schedule, the other schedule shall take precedence over
Schedule "A" for those lands to which it more particularly refers.
3.4
Defined Areas
The extent and boundaries of all Zones are shown on Schedule "A" and all
such Zones are hereby defined as areas to which the provisions of the ByLaw shall apply.
1
3.5
Zone Boundaries
When determining the boundary of any Zone as shown on any Schedule
forming part of this By-Law, the following provisions shall apply:
3.6
a)
A boundary indicated as following a highway, street or lane shall be
the centre line of such highway, street or lane;
b)
A boundary indicated as following a watercourse, creek, stream or
right-of-way of a railway or an electrical, gas or oil transmission line
shall be the centre line of such watercourse, creek, stream or rightof-way;
c)
A boundary indicated as following a shore line shall follow such
shore line, and in the event of change in the shore line, the
boundary shall be construed as moving with the actual shore line;
d)
A boundary indicated as approximately following property lot lines
or Township lot lines shall follow such lot lines;
e)
Where a boundary is indicated as approximately parallel to a street
line or other feature, indicated in clauses a), b) or c) of this
subsection, and the distance from such street line or other feature
is not indicated, and clause d) above is not applicable, such
boundary shall be construed as being parallel to such street line or
other feature, and the distance therefrom shall be determined
according to the scale shown on the appropriate Schedule;
f)
A boundary indicated as following the limits of the Town shall follow
such limits.
Closings
In the event that a dedicated street or lane shown on any Schedule
forming part of this By-Law is closed, the property formerly in such street
or lane shall be included within the Zone of the adjoining property on
either side of such closed street or lane. If a closed street or lane is the
boundary between two (2) or more different Zones, the new Zone
boundaries shall be the former centre line of the closed street or lane
except as otherwise noted in detail on Schedule "A".
2
3.7
Text
The particular shall control the general;
4.
a)
The word "shall" is mandatory and not discretionary; and the word
"may" is permissive;
b)
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural and the plural
shall include the singular, unless the context clearly indicates the
contrary;
c)
A "Building" or "Structure" includes any part thereof.
ADMINISTRATION & ENFORCEMENT
4.1
Chief Building Official
There shall be an official of the Corporation of the Town of Walkerton
named the Chief Building Official who shall be designated by Council from
time to time.
4.2
Application, Plans and Permits
a)
In addition to all the requirements of the Corporation's Building ByLaw or any other By-Law of the Corporation, every application for a
building permit shall be accompanied by a plan (prepared by an
Ontario Land Surveyor, if deemed necessary) in duplicate (one
copy of which shall be retained by the Zoning Administrator) drawn
to scale and showing the following:
i)
The true dimensions of the lot to be built upon or otherwise
used, and
ii)
The proposed location, height and dimensions of any
buildings, structure or use proposed for such lot, and
iii)
The proposed locations and dimensions of any yards,
setback, landscaped open space, off-street parking and
loading facilities required by this By-Law, and
iv)
The location of all existing buildings and structures on the
lot; and
v)
A statement signed by the owner, disclosing the exact use
3
proposed for each foresaid building, structure or use giving
all information necessary to determine if such proposed or
existing building, structure or use conforms to the
requirements of this By-Law.
4.3
b)
No building permit shall be issued where the lot lacks frontage on a
street.
c)
No building permit shall be issued where the proposed building,
structure or use would be in violation of any of the provisions of this
By-Law.
Final Inspection Report
No land shall be used or occupied, and no structure which has been
erected or altered shall be used or changed in use, until a Final Inspection
Report has been issued by the Chief Building Official stating that the
proposed use thereof complies with the provisions of this By-Law.
4.4
Application for Building Permit
An application for a Building Permit shall be accompanied by a ground
plan showing the dimensions of the lot and the proposed building, and the
relation of the proposed building to the lot and street lines, the existing or
intended use of each building or part of building on the lot, and such
additional information as may be necessary to comply with the provisions
of this By-Law and the Ontario Building Code.
4.5
Saugeen Valley Conservation Authority Permits
Prior to any development taking place within the "Shaded Area" as
outlined on Schedule "A" consultation with the Saugeen Conservation
Authority shall be required. Information concerning Authority Construction
Regulations (R.R.O. 178/80, as amended) should be reviewed with the
Saugeen Valley Conservation Authority prior to the commencement of any
development and/or the issuance of a building permit. The lands within
the Shaded Area, and subject to Construction Regulations, include the
lands within the Town of Walkerton which are susceptible to flooding
during the Regional Storm Flood. Development may be permitted in part
of the floodplain, provided appropriate floodproofing measures are
incorporated into the development design. Details regarding floodproofing
requirements and the permit procedure are available from the Saugeen
Conservation Authority.
4
4.6
Issuance of Certificate of Occupancy
Before any Permit shall be issued for construction of any building or the
use of any premises, the Chief Building Official shall examine the
application to ensure that the proposed construction or use shall not be in
violation of any of the provisions of this By-Law.
4.7
Records
A record of all Final Inspection Reports shall be kept on file in the office of
the Chief Building Official, and shall be available upon request of any
persons having proprietary or tenancy interest in the buildings.
4.8
Changes of Occupancy
No change shall be made in the use of any structure or part thereof until a
Final Inspection Report has been issued covering such proposed change.
4.9
Enforcement
The provisions of this By-Law shall be enforced by the Zoning
Administrator and/or Chief Building Official, who shall be designated by
Council from time to time.
4.10 Offences & Penalties
Every person who contravenes any of the provisions of this By-law is
guilty of an offence and on conviction is liable,
a)
on a first conviction to a fine of not more than
twenty-thousand dollars ($20,000); and
b)
on a subsequent conviction to a fine of not more than ten thousand
dollars ($10,000) for each day or part thereof upon which the
contravention has continued after the day on which he was first
convicted.
Where a corporation contravenes any of the provisions of this By-law, the
maximum penalty that may be imposed is:
a)
on a first conviction a fine of not more than fifty thousand dollars
($50,000); and
5
b)
on a subsequent conviction to a fine of not more than twenty-five
thousand dollars ($25,000) for each day or part thereof upon which
the contravention continued after the day on which the Corporation
was first convicted.
Every such fine shall be recoverable under the Provincial Offences Act, all
the provisions of which apply, except that any imprisonment shall be as
provided in The Municipal Act.
4.11
Validity
If any of the provisions of this By-Law, including any part of land uses as
shown on Schedule "A" are for any reason held to be invalid, it is hereby
declared to be the intention that all the remaining provisions shall remain
in full force until repealed, notwithstanding that one (1) or more provisions
shall have been declared to be invalid.
4.12
Other By-Laws and Requirements
Nothing in this By-Law shall operate to relieve any person from the
requirements of the Building By-Law, the Ontario Building Code as
amended, or any other By-Law of the Town.
4.13
Metric and Imperial Measurement
All measurement figures used in the By-law shall be metric measurement.
The approximate imperial equivalents to the metric measurements used in
this By-law are shown in brackets following each such metric
measurement and are provided for information purposes only and do not
form part of this By-law.
4.14
Health Approval
Where the issuance of a permit for a building or structure or change of use
of an existing building or structure may affect any private sewage disposal
system, either on the subject land or on adjacent lands or any water
supply, no building permit shall be issued for such building or structure
unless the building permit application is accompanied by approval in
writing from the Ministry of the Environment or approving agency for the
proposed method of private sewage disposal and water supply.
6
5.
DEFINITIONS
For the purposes of this By-Law, the definitions and interpretations given in this
section shall govern.
"ACCESSORY", when used to describe a use, building or structure, shall mean a
use, a building or a structure that is normally incidental, subordinate and
exclusively devoted to a principal use located on the same lot therewith.
"ANIMAL HOSPITAL" shall mean a building or part thereof in an urban setting
devoted to the treatment or boarding of animals, birds or other livestock. Such
treatment or boarding must take place wholly within an enclosed structure.
"ASSEMBLY HALL" shall mean a building or part thereof in which facilities are
provided for such purposes as meetings for civic, educational, political, religious
or social purposes and shall include a banquet hall or private club.
"AUTOMOBILE GAS BAR" shall mean a building or place:
a)
where gasoline or other motor fuels and oil are kept for sale and for
delivery directly into a motor vehicle, but
b)
does not include an automobile service station, a public garage, an
automobile washing establishment or an automobile service centre.
"AUTOMOBILE SERVICE CENTRE" shall mean a building or place:
a)
where gasoline or other motor fuels are kept for sale and for delivery
directly into a motor vehicle, and
b)
for the servicing, repairing or equipping essential to the actual operation of
motor vehicles;
c)
for the performance of diagnostic services on motor vehicles;
d)
for the sale to the motoring public of goods usual to the trade;
e)
that may include an automobile washing establishment.
"AUTOMOBILE SERVICE STATION" shall mean a building or place:
a)
where gasoline or other motor fuels are kept for sale and for delivery
directly into a motor vehicle, and
b)
for the performance of minor running repairs essential to the actual
operation of motor vehicles, and
for the sale to the motoring public of goods usual to the trade, but
c)
7
d)
does not include a public garage, an automobile washing establishment or
automobile service centre.
"AUTOMOBILE WASHING ESTABLISHMENT" shall mean a building or part
thereof used for the operation of automobile wash equipment with a capacity to
wash more than ten (10) cars per hour and shall include coin-operated
automobile washing establishments.
"BAKERY, INDUSTRIAL" shall mean the use of land, building or structure
designed for the purpose of making and preparing bakery products not intended
for sale by retail directly to the public on the premises.
"BAKERY, RETAIL" shall mean the use of land, building or structure designed for
the purpose of making and preparing bakery products which are offered or kept
for sale by retail directly to the public on the premises.
"BASEMENT" shall mean the portion of a building between two floor levels which
is partly underground but which has at least one-half (1/2) of its height, from
finished floor to finished ceiling, above the adjacent finished grade, and in which
the height from finished grade to finished ceiling is less than 1.9 metres (6.2
feet), but more than 1 metre (3.3 feet).
"BOARDING HOUSE OR LODGING HOUSE" shall mean any dwelling
containing not more than ten (10) guest rooms used or maintained for the
accommodation of the public, in which the proprietor resides and supplies for hire
or gain, lodgings with or without meals; but shall not include any other
establishment defined or classified herein.
"BUILDING" shall mean any structure used or intended to be used for shelter,
accommodation or enclosure of persons, animals, or chattels other than a lawful
boundary wall or fence.
"BUILDING, MAIN" shall mean that building the nature of the use of which is
determined by the Zone upon which it is authorized to be constructed or upon
which it is constructed.
"BUILDING, FRONT OF" shall mean in general that wall of a building which is
nearest and more or less parallel to the front lot line; when setback regulations
are applicable, "front of building" shall mean that wall of the building which fronts
upon the street on which the setback is applicable.
"BUILDING, HEIGHT OF" shall mean the vertical distance between the average
elevation of the finished surface of the ground at the front of the building; and, a)
in the case of a flat roof, the highest point of the roof surface or the parapet,
whichever is the greater; b) in the case of a mansard roof, the deck roof line; and,
c) in the case of a gable, hip or gambrel roof, the mean heights between the
8
eaves and the ridge, exclusive of any accessory roof construction such as a
chimney, tower, steeple or television antenna. When no grade has been
established, the level of the crown of the street upon which the building fronts at
right angles to the midpoint of that building shall be considered the established
grade.
"BUSINESS OR PROFESSIONAL OFFICE" shall mean an office in which any
business is carried on or any profession is practised.
"CARPORT" shall mean a private enclosure (for the storage or parking of an
automobile(s)) having a roof supported by columns, piers, or walls and in which
the total area of all walls, doors or windows around the perimeter thereof does
not exceed sixty percent (60%) of the total floor area of all sides of said carport,
from the floor to the underside of the wall plate or beams supporting the roof.
"CELLAR" shall mean that portion of a building between two floor levels which is
partly or wholly underground, and which has more than one-half (1/2) of its
height, from finished floor to finished ceiling, below the adjacent finished grade.
"CHURCH" shall mean a building dedicated to religious worship and may
include a church hall, church auditorium, Sunday School, convent, monastery or
parish hall.
"CHIEF BUILDING OFFICIAL" shall mean the officer or employee of the
Corporation for the time being charged with the duty of enforcing the provisions
of the Building By-Law of the Corporation and the Ontario Building Code.
"CLINIC" shall mean a building or part thereof used solely by qualified medical
practitioners, dentists, optometrist, osteopaths, and/or drugless practitioners,
numbering two (2) or more, and their staff, for public or private medical, surgical,
physiotherapeutic or other human health purpose except when included within or
accessory to a private or public hospital.
"COMMERCIAL USE" shall mean the use of land, structure or building for the
purposes of buying or selling commodities and supplying services as
distinguished from such uses as manufacturing or assembling of goods,
warehousing, and construction.
"CONVENIENCE, RETAIL" shall mean a retail establishment which deals
primarily in goods required by the inhabitants of a residential district to meet their
day-to-day needs.
"CORPORATION" shall mean the Corporation of the Town of Walkerton.
"COUNCIL" shall mean the Municipal Council of the Corporation of the Town of
Walkerton.
9
"COUNTY" shall mean the Corporation of the County of Bruce.
"COURT" shall mean an open, uncovered, unoccupied space appurtenant to a
building and bounded on two (2) or more sides thereby.
"DAIRY, INDUSTRIAL" shall mean the use of land, building or structure designed
for the purpose of collecting, processing and storing of dairy produce including
milk, cheese, butter and such produce as customarily results from dairy
processing.
"DAIRY, RETAIL" shall mean the use of land, structure or building for the
purposes of buying and selling of dairy products as distinguished from
processing of dairy produce.
"DAY NURSERY OR DAY CARE CENTRE" shall mean a place that receives for
temporary custody for a continuous period not exceeding sixteen (16) hours,
more than three (3) children under ten (10) years of age not of common
parentage and that is not:
a)
part of a school under the Education Act;
b)
part of a private school registered under Education Act; or,
c)
a children's mental health centre under The Children's Mental Health
Centres Act.
"DAYLIGHTING TRIANGLE" shall mean an area free of buildings or structures,
which area is to be determined by measuring from the point of intersection of the
street lines on a corner lot the distance required by this By-law along each such
street line and joining such points with a straight line. This triangular shaped land
is the "daylighting triangle". Such daylighting triangle shall be kept clear of any
and all obstructions.
"DEVELOPMENT" shall mean the construction or erection of structures on land
or the movement of prefabricated structures including but not limited to mobile
homes and modular units onto building lots.
"DRIVEWAY" shall mean land used to provide access to a lot, building or
structure, with a minimum width of 3 metres (9.8 feet) and a maximum width of
7.5 metres (24.6 feet). The driveway shall be constructed of concrete, asphalt,
crushed gravel or similar substance.
"DRY CLEANER'S DISTRIBUTION STATION" shall mean a building or part
thereof used for the purpose of receiving articles or goods of fabric to be
subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere and
for the pressing and distribution of any such articles or goods which have been
subjected to any such process.
10
"DRY CLEANING ESTABLISHMENT" shall mean a building or part thereof used
for the purpose of receiving, cleaning, pressing, dry dyeing, dry cleaning (wherein
only non-flammable solvents are or can be used, no odour of fumes are emitted,
no noise or vibration is created which causes nuisance or inconvenience within
or without the premises) and distribution of articles or goods of fabric.
"DWELLING" shall mean a building, occupied or capable of being occupied as
the home or residence of one (1) or more persons, containing one (1) or more
dwelling units.
DWELLING UNITS
a)
b)
shall mean a suite of two (2) or more rooms used or designed or intended
for use by only one family as a single, independent and separate
housekeeping establishment:
i)
in which food preparation and sanitary facilities are provided for the
exclusive use of such a family, and
ii)
which has a private entrance from outside the building or from a
common hallway or stairway inside the building, but
does not mean or include a tent, cabin, trailer, mobile home, motor home,
or a room or suite of rooms in a boarding or rooming house, in a hotel,
motel, motor hotel, or tourist home.
APARTMENT DWELLING shall mean a building consisting of four (4) or more
dwelling units which units have a common entrance from the street level and
are served by a common corridor, and the occupants of which have equal
right to the use of all common corridors and/or stairs and/or elevators and
yards.
BACHELOR DWELLING UNIT shall mean a dwelling unit consisting of one
(1) bathroom and not more than two (2) habitable rooms providing therein
living, dining, sleeping and kitchen accommodation in appropriate individual
or combination room or rooms.
CONVERTED DWELLING hall mean a dwelling, including any addition
thereto, altered or converted so as to provide therein not more than four (4)
dwelling units, provided the main dwelling house was erected prior to the
passing of this By-Law.
DOUBLE DUPLEX DWELLING shall mean a single building that consists of
two (2) duplexes attached to each other, with a common wall dividing the two
duplex dwellings vertically.
DUPLEX DWELLING shall mean a single building of two (2) or more storeys
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divided horizontally into two (2) separate dwelling units, each of which is
completely on a separate storey.
MAISONETTE DWELLING shall mean a single building that is divided into
three (3) or more dwelling units, each of which is a self-contained dwelling
unit having two (2) independent entrances, one(1) to a common first storey
corridor and the other directly to the outside yard area adjacent to the said
dwelling unit.
ROW HOUSE DWELLING shall mean a single building that is divided
vertically into three (3) or more dwelling units each of which has independent
entrances, to a front and rear yard immediately abutting the front and rear
walls of each dwelling unit.
SEMI-DETACHED DWELLING shall mean a single building divided vertically
above and below grade into two (2) separate dwelling units.
LINK SEMI-DETACHED OR LINK VILLA DWELLING shall mean one of a
pair of two single dwelling units attached below grade by means of a common
masonry footing connecting the pair of dwelling units, each of which has an
independent entrance directly from the outside.
SINGLE DETACHED DWELLING shall mean a completely detached dwelling
containing only one dwelling unit and occupied by not more than one (1)
family.
SPLIT LEVEL DWELLING shall mean a dwelling in which the first floor above
finished grade is so constructed as to create two (2) or more different levels,
the vertical distance between such levels being always less than the full
storey. For the purpose of this By-Law, a split level dwelling shall be
considered as a one (1) storey dwelling.
TOWNHOUSE DWELLING shall mean a single building that is divided
vertically into three (3) or more dwelling units each of which has independent
entrances to a front and rear yard immediately abutting the front and rear
walls of each dwelling unit, and each unit has frontage and access to a public
street.
TRIPLEX DWELLING shall mean a single building divided horizontally into
three (3) dwelling units.
"EATING ESTABLISHMENT" shall mean a building or part thereof where food is
offered for sale or sold to the public for immediate consumption therein and
includes a restaurant, licensed dining lounge, cafe, cafeteria, ice cream parlour,
tea or lunch room, dairy bar, coffee shop, snack bar, or refreshment room or
stand; but does not include a boarding or lodging house or drive-in restaurant.
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"ERECT" shall include build, construct, reconstruct, alter relocate and without
limiting the generality of the foregoing shall be taken to include any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or draining;
structurally altering any existing building or structure by an addition, deletion,
enlargement, extension or other structural change, and any work for the doing of
which a building permit is required under the Building By-Law of the Corporation.
"Erected" and "erection" shall have a corresponding meaning.
"ESTABLISHED BUILDING LINE" shall mean the average distance from the
street line to existing buildings in any block where more than one-half (1/2) of the
frontage has been built upon, at the date of the final passing of this By-Law.
"EXISTING" shall mean existing on the date of the final passing of this By-Law.
"FAMILY" shall mean an individual, or two (2) or more persons who are related
by consanguinity or marriage or legal adoption and not more than two (2)
persons or a group of not more than three (3) unrelated persons occupying a
dwelling unit. "Family" shall also include domestic servants. For the purposes of
this By-Law, a maximum of six (6) foster children shall be considered to be
related by consanguinity.
Municipality of Brockton By-Law No. 2008-54 (Spitzig, Lot 23, Plan 473)
„FINANCIAL SERVICES ESTABLISHMENT‟ shall mean the use of land,
structures or buildings for providing a financial service
Municipality of Brockton By-Law No. 2002-47 (Brockton, Part Lots 47, 48, 49, 50 and
54, Plan 7, Lot 51, 52 & 53, Plan 7; Lot 79, 80, 81 & 82, Plan 7; Part Lot 83, Plan 7;
closed portion of Robinson Street; and Part Park Lot „P‟, Plan 162)
„FIRE HALL‟ shall mean any building, structure or part thereof, which is owned,
leased or occupied by the Corporation of the Municipality of Brockton and is used
exclusively for the provision of fire protection services and uses accessory
thereto.
"FLOOR AREA, DWELLING" shall mean the total floor area of a dwelling
excluding exterior walls and garages and, except in the case of a permitted
apartment, the basement.
"FLOOR AREA, DWELLING UNIT" shall mean the total floor area contained
within the inside walls of a dwelling unit, excluding any private garage, carport,
porch, veranda, unfinished attic, cellar, or sun room (unless such sun room is
habitable during all seasons of the year) and excluding public or common halls or
areas, stairways and the thickness of outside walls.
"FLOOR AREA, GROSS" shall mean the aggregate of the horizontal areas of
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each floor, whether any such floor is above or below grade, measured between
the exterior faces of the exterior walls of the building or structure at the level of
each floor, exclusive, however, of:
a)
any part of the building or structure below grade which is used for heating
equipment, the storage or parking of motor vehicles, locker storage and
laundry facilities, children's play areas and other accessory uses or used
as living quarters by the caretaker, watchman or other supervisor of the
building or structure, and
b)
enclosed malls when used as a common area between stores.
"FLOOR AREA, GROUND" shall mean the floor area of the lowest storey of a
building approximately at or first above the finished grade level, which area is
measured between the exterior faces of the exterior walls at the floor level of
such storey, but
a)
excluding, in the case of a dwelling, any private garage, carport, porch,
veranda, sun room (unless such sun room is habitable during all seasons
of the year);
b)
for the purposes of this paragraph the walls of an inner court are and shall
be deemed to be exterior walls.
"FLOOR AREA, MANUFACTURING" shall mean that portion of the gross floor
area of an establishment which is used for manufacturing purposes and office
purposes but does not include areas used for storage.
"FLOOR AREA, GROSS LEASABLE"
shall mean the gross floor area
designated for tenant occupancy and exclusive use, including basements,
mezzanines and upper floors, if any, as expressed in square metres measures
from centre lines of joint partitions and exteriors of outside walls. This does not
include office buildings in which medical, dental, research and other kinds of
special organizations are housed, nor theatres, although it does include banks
and other such activities which are part of the shopping centre.
"GARAGE" shall mean any building or enclosure in which one (1) or more motor
vehicles are stored, kept or repaired.
"GARAGE, ATTACHED" shall mean a private garage, accessory to a dwelling
unit on the same lot, and separated therefrom by a common wall, provided,
however, for the purpose of determining lines of setback and side yard, an
attached garage shall be considered part of the main building. Also, for the
purpose of this definition, a wall between a house and an attached garage may
be considered "common" as long as at least forty percent (40%) of the length of
the attached garage wall is common with the dwelling unit wall.
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"GARAGE, PRIVATE" shall mean an accessory building or portion of a building
which is designed or used for the sheltering of private motor vehicles and the
storage of household equipment incidental to residential occupancy and in which
there are no facilities for repairing or servicing of such vehicles for remuneration.
Garages and carports shall have a clear inside width of at least 3 metres (9.8
feet) for single car parking and at least 2.4 metres (7.9 feet) additional clear width
shall be provided for each additional car.
"GARAGE, PUBLIC" shall mean and includes a building or place where motor
vehicles are hired or kept or used for hire or where such vehicles and gasoline or
oils are stored or kept for sale, or a building or place used as a motor vehicle
repair shop or for washing or cleaning motor vehicles and includes an automobile
washing establishment, but does not include any use otherwise defined or
classified herein.
"GOLF COURSE" shall mean a public or private area operated for the purpose of
playing golf and includes a par three (3) golf course but does not include driving
ranges, miniature courses and similar uses.
"GRADE" shall mean the average elevation of the finished ground level abutting
the wall or walls in question.
"GROUP HOUSING" shall mean two (2) or more separate triplex, double duplex,
row, maisonette, and/or apartment dwellings located on one (1) lot and which lot
is retained under one (1) ownership.
"GUEST ROOM" shall mean a room or suite of rooms used or maintained for the
accommodation of the public.
"HABITABLE ROOM" shall mean a room designed for living, sleeping, eating, or
food preparation, including a den, library, sewing room or enclosed sun room.
"HOME OCCUPATION" shall mean the doing of any work in the manufacture,
preparation, improvement, repair, alteration, assembly or completion of any
article or thing or any part thereof or Personal, Professional, Business and
Cultural Services by a person for wages, gain or support conducted entirely
within the principal dwelling or accessory buildings and not external thereto only
by one or more residents residing in such dwelling and provided that:
a)
said dwelling is occupied primarily as living accommodation by the
person(s) conducting the home occupation;
b)
home occupation shall be operated solely by the residents of the dwelling
and other individuals outside of the dwellings full-time residents will not be
employed at the site; and,
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c)
such home occupation is clearly secondary to the main residential use and
does not change the residential character of the dwelling house or unit nor
interfere with the use and enjoyment of surrounding properties.
"HOSPITAL PRIVATE" shall mean a hospital as defined by The Private Hospitals
Act, Revised Statutes of Ontario, 1970, as amended from time to time, and a
sanatorium as defined by the Private Sanitarian Act, Revised Statutes of Ontario,
1970, as amended from time to time.
"HOSPITAL, PUBLIC" shall mean a hospital as defined by The Public Hospitals
Act, Revised Statutes of Ontario, 1970, as amended from time to time.
"HOTEL" shall mean any hotel, tavern, inn, lounge, lodge, or public house in one
(1) main building or two (2) or more buildings used mainly for the purpose of
catering to the needs of the travelling public by:
a)
the supply of food and/or other refreshments and entertainment, and also
by the furnishing of sleeping accommodation consisting of not less than
ten (10) guest rooms, which guest rooms contain no provision for cooking
and,
b)
includes all premises licensed under the Liquor License Act, and
c)
includes permanent staff accommodation, but
d)
does not mean or include a boarding or lodging house, apartment hotel,
private hotel, motel or motor hotel.
"HOTEL, APARTMENT" shall mean a hotel except that no more than fifty percent
(50%) of the living accommodation therein according to floor area, may be
dwelling units.
"INDUSTRIAL USE" shall mean the use of land, building or structure designed
for the purpose of manufacturing, assembling, making, preparing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing, or storing or
adapting for sale of any goods, substance, article or thing, or any part thereof
and the storage of building and construction equipment and materials, as
distinguished from the buying and selling of commodities and the supplying of
personal services and shall include printing.
"INSTITUTION" shall mean land, building, structure or part thereof used by any
organization, group or association for the promotion of charitable, educational or
benevolent objects and not for profit or gain.
"LANDSCAPING" shall consist of at least lawn and ornamental shrubs which
shall be maintained in a healthy growing condition, neat and orderly in
16
appearance. Landscaping may include paths, patios, walkways, fences, land
contouring, sound barriers and existing natural treed areas, but shall not include
driveways, ramps, lanes or parking areas or any space beneath, within or on top
of the building.
"LANE" shall mean a thoroughfare which affords only a secondary means of
access to abutting lots and which is not intended for general traffic circulation.
"LAUNDRY SHOP" shall mean a building or part thereof in which the business
of a laundry is conducted by means of one (1) or more washers, having a
capacity not exceeding 30 kilograms (66.1 lb) each, and drying, ironing, finishing
and incidental equipment:
a)
in which only water and detergents are or can be used;
b)
which emit no odour or fumes, noise or vibration causing nuisance or
inconvenience within or without the premises; and
c)
shall include a business where only washing or ironing is done, a selfservice laundry and a laundry receiving depot.
"LOADING SPACE" shall mean an area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and
which area:
a)
is provided for the temporary parking of one (1) commercial motor vehicle
while merchandise or materials are being loaded or unloaded from such
vehicle, and such parking is not for the purpose of offering commodities
for sale and display, and
b)
is adequate for the temporary parking of one (1) commercial motor
vehicle, and
c)
is not less than 3.6 metres (11.8 ft) in width, nor less than 15 metres (49.2
ft) in length, nor less than 4.5 metres (14.8 ft) in clear and unobstructed
height nor with a slope of greater than eight percent (8%), exclusive of any
land used for access, manoeuvring, driveway or similar purpose, and
d)
is not upon or partly upon any street, lane or alley, and
e)
has adequate access to permit ingress and egress of a commercial motor
vehicle from a street by means of driveways, aisles, manoeuvring areas or
similar areas, no part of which is to be used for the temporary parking or
storage of any motor vehicle.
"LOT" shall mean a parcel of land or continuous parcels of land under one
17
ownership which is described in a deed or other document legally capable of
conveying an interest in land from one party to another and which is on record in
the Land Registry Office #3, Ministry of Consumer & Commercial Relations. A
"lot" may be shown on a Registered Plan of Subdivision, or described by metes
and bounds, or described otherwise.
"LOT, CORNER" shall mean a lot situated at the intersection of and abutting
upon two (2) or more streets, provided that the interior angle of intersection of
such streets is not more than one hundred and thirtyLOT, INTERIOR" shall mean a lot other than a corner lot or through lot.
"LOT, THROUGH" shall mean a lot bounded on two (2) opposite sides by
streets, and not otherwise defined herein.
"LOT AREA" shall mean the total horizontal area within the lot lines of a lot:
a)
b)
excluding the horizontal area of such lot covered by water or marsh, or
between the rim of the banks of a river or watercourse, and
in the case of a corner lot having street lines rounding at the corner with a
radius of 6 metres (19.7 ft) or less, the lot area of such lot is to be
circulated as if the lot lines were projected to this point of intersection.
"LOT COVERAGE" shall mean that percentage of the lot area covered by all
buildings above ground level, but does not include that portion of the lot area
which is occupied by a building or portion thereof which is completely below
ground level, and for the purpose of this paragraph the lot coverage in each Zone
applies and shall be deemed to apply only to that portion of such lot that is
located within said Zone.
"LOT DEPTH" shall mean the horizontal distance between the front and rear lot
lines, but where the front and rear lot lines are not parallel the "lot depth" is the
length of a straight line joining the midpoints of such lot lines. Where there is no
rear lot line the "lot depth" is 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.
"LOT FRONTAGE" shall mean the horizontal distance between the side lot lines
measured along the building setback line, but where the front lot line is not a
straight line or where the side lot lines are not parallel the lot frontage is to be
measured by a line 6 metres (19.7 ft) back from and parallel to the chord of the
lot frontage, and for the purpose of this paragraph, the chord of the lot frontage is
a straight line joining the two points where the side lot lines intersect the front lot
line.
"LOT LINE" shall mean any boundary of a lot and/or the vertical projection
thereof.
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"LOT LINE, FRONT" shall mean the lot line that divides the lot from the street,
provided that:
a)
in the case of a corner lot, in any residential, commercial or industrial
Zone, the shorter lot line that abuts a street shall be deemed to be the
front lot line; and
b)
in the case of a through lot the lot line where the principal access to the lot
is provided shall be deemed to be the front lot line.
"LOT LINE, REAR" shall mean a lot line opposite the front lot line.
"LOT LINE, SIDE" shall mean a lot line other than a front or rear lot line.
"LOT LINE, EXTERIOR SIDE" shall mean a side lot line of a corner lot which
abuts the street or lane.
"LOT LINE, INTERIOR SIDE" shall mean a side lot line which abuts on the
adjoining lot.
"MOBILE HOME" shall mean a transportable single or multiple section single
family dwelling of residential occupancy and conforming to the CSA Z240 Series
of Standards at time of manufacture. It is ready for occupancy upon completion
of set-up in accordance with required factory recommended installation details.
"MOBILE HOME PARK" shall mean an area set aside for the use of mobile
homes in which communal sewer, water and hydro resources are provided and in
which community laundry, social, local commercial and recreation facilities may
be located and which is licensed for this purpose of the Municipality.
"MOTEL, OR MOTOR HOTEL" shall mean a building or two (2) or more
connected or detached buildings designed and used for the purpose of catering
to the needs of the travelling public by furnishing sleeping accommodation with or
without supplying food and/or other refreshment, and without limiting the
generality of the foregoing shall include a motor court, auto court and tourist
home, within the meaning of the Tourism Act.
"MOTOR HOME" shall mean an automotive vehicle built on a truck or bus
chassis and equipped as a self-contained travelling home.
"MOTOR VEHICLE SALES ESTABLISHMENT" shall mean a building or place
where new and/or used motor vehicles, as defined by the Highway Traffic Act,
are kept for display or sale, and where maintenance of these vehicles is provided
along with the distribution and sale of new parts for the vehicle.
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"MUNICIPALITY" shall mean the Corporation of the Town of Walkerton.
"NON-COMPLYING" shall mean an established use which is a permitted use in
the Zone in which the said use is situated at the date of final passing of this ByLaw, but which has less than the minimum frontage and/or depth and/or area, or
less than the minimum setback and/or side yard and/or rear yard and/or
minimum open space required or fails to meet any other provision of this By-Law.
"NON-CONFORMING" shall mean an established use which is not a permitted
use in the Zone in which the said use is situated at the date of the final passing of
this By-Law.
"NURSING HOME" shall mean a dwelling or other building in which rooms or
lodging are provided for hire or gain, and where meals, personal care, nursing
services, and medical care and treatment are provided or made available, and
includes a rest home or convalescent home, but does not include any other
establishment otherwise defined or classified herein.
"OBNOXIOUS USE" shall mean any use which shall be a nuisance to the
occupants or owners of any neighbouring land or buildings by reason of the
emission or the creation of odours, gases, dirt, smoke, noise, vibration, fumes,
cinders, soot, waste or the depositing or leaving of unsightly objects or chattels
on land.
"OFFICE" shall mean a room or rooms where business may be transacted, a
service performed or consultation given, but shall not include the manufacture,
assembly or servicing of any product.
"PARK" shall mean an area of land designed for the purposes of passive or
active leisure activities and may include thereon one (1) or more athletic fields,
field houses, community centres, bleachers, swimming pools, wading pools,
greenhouses, bandstands, skating rinks, tennis courts, bowling greens, curling
rinks, refreshment rooms, camping area, arenas and golf courses.
"PRIVATE PARK" shall mean a park other than a public park.
"PUBLIC PARK" shall mean a park or area of land owned or controlled by the
Corporation of the Town of Walkerton or the Saugeen Valley Conservation
Authority or by any Board, Commission or other Authority established under any
Statute of the Province of Ontario or Dominion of Canada, except for school
property.
"PARKING AREA" shall mean an area provided for the parking of motor vehicles
and which area:
a)
shall include any related aisles, manoeuvring area, parking spaces,
20
ingress and egress lanes, private garage and similar areas used for the
purpose of parking but does not include any part of a public street; and
b)
is provided and maintained in accordance with all applicable provisions of
this By-Law.
"PARKING LOT" shall mean any parking area other than a parking area required
under the provisions of this By-Law.
"PARKING SPACE" shall mean an area enclosed in a principal building, in an
accessory building or unenclosed, set aside for the purpose of the temporary
parking or storage of one (1) motor vehicle having access to a street or lane and
having a minimum area and dimensions exclusive of aisles or driveways.
"PERSON" shall mean any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs, executors or
other legal representatives of a person to whom the context can apply according
to law.
"PERSONAL SERVICE SHOP" shall mean a building or part thereof in which
persons are employed in furnishing services and otherwise administering to the
individual and personal needs of persons, and includes such establishments as
barber shops, shoe repair and shoe shine shops, and depots for collecting dry
cleaning and laundry and laundromats.
"PLACE OF ENTERTAINMENT" shall mean a motion picture or other theatre,
arena, auditorium, public hall, billiard or pool room, bowling alley, ice or roller
skating rink, dance hall or music hall or similar use approved by Council.
"PUBLIC AUTHORITY" shall mean the Council, any School Board, Public Utility
Commission, Transportation Commission, Conservation Authority, Public Library
Board, Board of Parks Management, Board of Health, Board of Commissioners
of Police, or other board or commission or committee of a local authority
established or exercising any power or authority under any general or special
Statute of Ontario with respect to any of the affairs or purposes of a municipality
or portion thereof, and includes any committee or local authority established by
By-Law of the Council.
"RECREATIONAL" shall mean the use of land for activities for diversion or
relaxation, together with the necessary and accessory facilities, buildings, and
structures, but does not imply any specific use of facility not provided for in any
Zone.
"RESTAURANT, DRIVE -IN" shall mean a building or part thereof where food is
offered for sale to the public to be consumed within or outside the building.
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"RETAIL ESTABLISHMENT" shall mean a building or part thereof which is not
otherwise defined in this By-Law, in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale by retail directly to the
public.
"SALVAGE YARD" shall mean an establishment, land or buildings where goods,
wares, merchandise, substances, articles or things are kept and/or stored and/or
processed for further use and where such goods, wares, merchandise, articles,
substances or things are stored wholly or partly in the open and includes a junk
yard, a scrap metal yard and an automobile wrecking yard or premises.
"SCHOOL" shall mean
(a)
the body of public school pupils or separate school pupils or secondary
school pupils that is organized as a unit for educational purposes under
the jurisdiction of the appropriate board, or
(b)
the body of pupils enrolled in any of the elementary or secondary school
courses of study in an educational institution operated by the Government
of Ontario
"SCHOOL, PRIVATE" shall mean an institutional at which instruction is provided
at any time between the hours of 9 a.m. and 4 p.m. on any school day for five or
more pupils who are of or over compulsory school age in any of the subjects of
the elementary or secondary school courses or study and that is not a "school"
as defined elsewhere in this section.
"SERVICE OR REPAIR SHOP" shall mean a building or part thereof, not
otherwise defined or classified in this By-Law, and whether conducted in
conjunction with a retail establishment or not, for the servicing, repairing or
renting of articles, goods or materials, but does not include the manufacture or
assembly of articles, goods or materials.
"SETBACK" shall mean the horizontal distance from the street line measured at
right angles to such line, to the nearest part of any building on the lot. A cornice,
retaining wall or fence shall not be deemed to be a structure or building or part
thereof for the purpose of this definition.
"SHOPPING CENTRE" shall mean a group of commercial establishments
designed, developed and managed as a unit by a single owner or tenant, or
group of owners or tenants, for which parking is provided in common off-street
parking areas, as opposed to a business area comprising unrelated individual
business uses.
"SIGN" shall mean a name, identification, description, device, display or
illustration which is affixed to, or represented directly or indirectly upon a building,
22
structure or lot and which directs attention to an object, product, place, activity,
person, institution, organization, or business.
"STOREY" shall mean that portion of a building, between any floor and the floor
next above, provided that any portion of a building partly below grade level shall
not be deemed a storey unless its ceiling is at least 1.8 metres (5.9 ft) above
grade. Provided also that any portion of a storey, exceeding 4.3 metres (14.1 ft)
in height shall be deemed an additional storey for each 4.3 metres (14.1 ft) or
fraction thereof of such excess.
"STOREY, HALF" shall mean that portion of a building located wholly or partly
within a sloping roof, having sufficient space to provide a height between finished
floor and finished ceiling of at least 2.2 metres (7.2 ft) over a floor area equal to
at least fifty percent (50%) of the floor area next below.
"STREET OR ROAD" shall mean a "highway" as defined by the Municipal Act
which affords the principal means of access to abutting lots, and shall exclude a
lane.
"STREET LINE" shall mean the limit of the road or street and is the dividing line
between a street and a lot.
"STRUCTURE" shall mean anything that is erected, built or constructed or parts
joined together or any such erection fixed to or supported by the ground. But for
the purposes of this By-Law, an in-ground swimming pool shall be deemed to be
a structure.
"STRUCTURAL ALTERATIONS" shall mean any change in the supporting
members of a building such as foundations, bearing walls, columns, beams or
girders and partitions.
"SWIMMING POOL, PRIVATE" shall mean a body of water in excess of 0.5
metres (1.6 ft) in depth and of more than 10.0 square metres (32.8 sq. ft) in area,
used for bathing, swimming or diving.
"SWIMMING POOL, PRIVATE IN-GROUND" shall mean a swimming pool
constructed so that no part of the pool is greater than 0.3 metres (1.0 ft) above
the adjacent surrounding grade.
"TAVERN" shall mean a public house for supply of food and beverage to be
consumed on and off the premises within applicable licence restrictions.
"TOWN" shall mean the Corporation of the Town of Walkerton.
"TRAILER" shall mean any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the
23
said motor vehicle and capable of being used for living, sleeping or eating
accommodation or the transport of a boat, snowmobile, tent or materials,
notwithstanding that such vehicle is jacked up or that its running gear is removed.
For the purposes of this By-Law, and without limiting the generality of the
foregoing, camper trailers, travel trailers, mobile homes, motor homes, land
cruisers and truck campers are included in this definition.
"TUCK SHOP" shall mean a retail establishment, secondary to a principle
residential/institutional use, which acts as a gift shop and/or provides incidental
items of personal and household necessity and has a limited floor area.
Municipality of Brockton By-Law 2002-29 (Schkura, Lot 23, Plan 473)
„VIDEO OUTLET / RENTAL SHOP‟ shall mean the use of land, structures or
buildings for the sale or rental of video programs, computer programs/games,
video and game machines, related accessories, and may include the retail sale
of convenience foods.
"USE" shall mean the purpose for which any land, building, structure or
premises, or part thereof:
a)
is designed, arranged or intended to be used, or
b)
is or may be occupied or maintained, and
c)
the word "used" has a corresponding meaning.
"YARD" shall mean an open, uncovered space on a lot appurtenant to a building
and unoccupied by buildings or structures except as may be expressly permitted
in this By-Law but does not include a court yard. A yard is measured by the
minimum
horizontal distance from the respective lot line to the closest wall or part thereof
the buildings or structures on the lot.
"YARD, ACCESS" shall mean the outdoor area adjacent to and associated with
an individual dwelling unit, and is used primarily in reference to multiple family
units.
"YARD, FRONT" shall mean a yard extending across the full width of a lot
between the front lot line and the nearest wall or part thereof of any building or
structure on the lot, or the nearest open storage use on the lot.
"YARD, REAR" shall mean a yard extending across the full width of a lot
between the rear lot line and the nearest wall or part thereof of any structure or
building on the lot.
"YARD, SIDE" shall mean a yard located between the side wall or part thereof of
24
the main building and the side lot line and extending from the front yard to the
rear yard.
YARD, EXTERIOR SIDE" shall mean a side yard immediately adjoining a public
street or lane.
"YARD, INTERIOR SIDE" shall mean a side yard other than an exterior side
yard.
"YARD, MINIMUM FRONT" shall mean the minimum depth of a front yard on a
lot between the front lot line and the nearest wall or part thereof of any building or
structure on the lot.
"YARD, MINIMUM REAR" shall mean the minimum depth of a rear yard on a lot
between the rear lot line and the nearest wall or part thereof of any main building
or structure on the lot.
"YARD, MINIMUM SIDE" shall mean the minimum width of a side yard on a lot
between a side lot line and the nearest wall or part thereof of any building or
structure on the lot.
"ZONE" means an area delineated on a Zoning Map Schedule and established
and designated by this By-law for a specific use.
"ZONING OFFICER" means the employee of the Corporation for the time being
charged with the duty of administering and enforcing the provisions of the Zoning
By-law of the Corporation.
25
6.
GENERAL PROVISIONS FOR ALL ZONES
6.1
Zones
The following Zones are established within the Town of Walkerton and
such Zones may be referred to by the appropriate symbols:
Zones
Symbol
Residential R1 Zone
Residential R1a Zone
Residential R2 Zone
Residential R3 Zone
Residential RM1 Zone
Residential RM2 Zone
Residential RM3 zone
Local Commercial C1 Zone
Highway Commercial C2 Zone
General Commercial C3 Zone
General Industrial M1 Zone
Heavy Industrial M2 Zone
Industrial Park M3 Zone
Industrial Park M4 Zone
Planned Development PD Zone
Public Use O Zone
Park G Zone
Environmental Protection EP Zone
Silver Creek S Zone
6.2
R1
R1a
R2
R3
RM1
RM2
RM3
C1
C2
C3
M1
M2
M3
M4
PD
O
G
EP
S
Scope and Effect
6.2.1 Use of Land, Buildings or Structures
No person shall use any land or erect or use any building or
structure except in conformity with the provisions of this By-Law
respecting the zone;
a)
in which such land, building or structure is located, or
b)
in which it is proposed to use any land or to erect or use any
building or structure.
6.2.2 Area and Yard Requirements
No person shall within any Zone use land, or erect, alter or use any
building or structure except in accordance with the Zone Provisions
26
for each Zone in this By-Law.
6.3
Exceptions to Height Requirements
The height requirements set out herein shall not apply to church spires,
church belfries, or chimneys, water tanks, elevator enclosures, or
penthouse occupying in the aggregate less than ten percent (10%) of the
area of the roof of the building on which they are located, nor shall they
apply to storage bins, monuments, flag poles, receiving radio poles or
receiving televisions antennas.
6.4
Area Requirements to Remain
When any part of a lot is required by this By-Law to be reserved as an
open space, it shall continue to be so used regardless of changes in the
ownership of such land and shall not be deemed to form part of an
adjacent lot for the purpose of computing the area thereof available for
building purposes.
6.5
Parking Requirements
Off street parking facilities shall be provided in accordance with the
following schedule of minimum requirements:
Type of Land Use
Minimum
Number
of
Parking Spaces Required
6.5.1 Residential
a)
detached dwelling unit
detached,
duplex
townhousing, link villas
b)
apartment and all other multiple
dwellings of more than two (2)
dwelling units
i)
semistreet
2 per unit
for the exclusive use of
occupants/tenants
bachelor
1 bedroom
2 bedroom
1.0 per unit
1.2 per unit
1.4 per unit
3
27
1.6 per unit
3 or
bedrooms
ii)
c)
0.25 per unit
for the exclusive use of
visitors.
These spaces
should be clearly marked
as such.
converted dwelling
i)
for the exclusive use of
dwelling unit occupants
ii)
for the exclusive used of
visitors
0.25 per unit
for the exclusive use of
guest room occupants
0.75 per unit
iii)
(d)
more
Bed
and
Establishment
1.25 per unit
Breakfast
In addition to the two
parking spaces a detached
dwelling is required to
have by this by-law, a Bed
and
Breakfast
Establishment shall be
provided with:
28
1 parking space per guest
room.
6.5.2 Commercial
a)
all commercial uses with the
exception of those identified in
the following sections:
i)
ground floor
4.0 per 100 square metres
(1,076 sq. ft.) of gross floor
area or part thereof
ii)
upper floors
3.0 per 100 square metres
(1,076 sq. ft.) of gross floor
area or part thereof
b)
Banks,
medical
transportation depots
buildings,
c)
Eating establishments, theatres
1 space per 5 square
metres (53.8 sq. ft.) of
building floor area or
fraction thereof, devoted to
public use or where
outdoor
seating
is
provided 1 space per 5
seats or fraction thereof.
d)
Hotels
0.75 per 100 square
metres (1,076 sq. ft.) of
gross floor area or part
thereof
e)
Motels
1.00 per rentable unit plus
0.5 per employee
f)
Motor
vehicle
sales
establishment, furniture stores
1.6 per 100 square metres
(1,076 sq. ft.) of gross
floor area or part thereof
g)
Shopping centres - No additional
parking spaces in shopping
centres shall be required for
office space which comprises
5.5 per 100 square metres
(1,076 sq. ft.) of gross
leasable floor area.
29
5.0 per 100 square metres
(1,076 sq. ft.) of gross floor
area or part thereof
less than twenty percent (20%) of
the gross leasable floor area.
Office space in excess of this
amount shall provided 2.5
parking spaces per 100 square
metres (1,076 sq. ft) of gross
space (exclusive of theatre)
h)
Offices
centres
(except
in
shopping
3.6 per 100 square metres
(1,076 sq. ft.) of gross floor
area
i)
Billiard hall, bowling alley
0.2 per person at normal
capacity attendance
j)
Drive-in restaurants
27 per 100 square metres
(1,076 sq. ft.) of gross floor
area or part thereof
6.5.3 Schools, Institutions and Places of Assembly
a)
Public
or
Private
Schools
(Elementary or Secondary)
i)
elementary
1.5 spaces per classroom
or teaching area
ii)
secondary
4 spaces per classroom or
teaching area
b)
Auditoriums, stadiums, clubs,
lodges, union halls or places of
worship
0.3 spaces per fixed seat
plus 1 space per 1.8
square metres (19.4 sq.
ft.) of gross floor area
excluding the seating.
c)
d)
Hospitals
All other
assembly
1.2 per bed
0.3 spaces per fixed seat
plus 1 space per 18
square metres (59.1 sq.
ft.) of gross floor area
excluding the area of fixed
seating
places
of
6.5.4 Industrial
30
public
a)
Any
Industrial use
31
0.6 per employee at the
maximum shift
6.5.5 Existing Building or Structure
When an existing building or structure has insufficient parking area at the
date of passing of this By-Law to comply with the requirements herein, this
By-Law shall not be construed to require that the deficiency be made up
prior to the construction of any addition. No addition may be built,
however, and no change of use may occur, the effect of which would be
an increase in that deficiency.
6.5.6
More Than One Use
Where there is more than one use in a building, the minimum parking
requirements for such building shall be the total of the minimum parking
requirements for each use.
6.5.7 Parking Space Dimensions
a)
Automobile Parking Space
Minimum Area
-
16.7 square metres (179.8 sq ft)
Minimum Length
-
6.0 metres (19.7 ft)
6.7 metres (22.0 ft) for parallel parking
-
2.7 metres (8.9 ft)
2.4 metres (7.9 ft) for parallel parking
Minimum Width
b)
Aisle Space
Minimum Width
6.7 metres (22.0 ft) for ninety
degree (90°) to sixty degree (60°)
parking
Minimum Width
5.4 metres (17.7 ft) for sixty
degree (60°) to forty- five degree (45°)
parking.
Minimum Width
3.6 metres (11.8 ft) for forty-five
degree (45°) or less parking, in which
case access to such aisles shall be from
one (1) direction only.
6.5.8 Parking Regulations For Residential Zones
a)
No part of the required front yard of any residential lot except as
otherwise specifically permitted in this By-Law shall be used for the
32
temporary parking or storage of any trailer, boat, or the body of any
truck, bus or coach.
b)
Not more than thirty percent (30%) of the aggregate area of the
side yards and rear yard of any residential lot shall be occupied by
parking spaces or storage spaces for motor vehicles, trailers, boats
and motorized snow vehicles;
c)
Parking in the front yard of a residential lot is restricted to parking
on a driveway, such driveway to be no wider than to accommodate
two car widths, and in no case shall this driveway width exceed 7.5
metres (24.6 ft).
6.5.9 Ingress & Egress
a)
Ingress and egress, to and from the required parking spaces and
areas shall be provided by means of unobstructed driveways or
passageways at least 3.0 metres (9.8 ft) but not more than 9.0
metres (29.5 ft) in perpendicular width;
b)
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be 9.0 metres (29.5 ft);
c)
The minimum distance between a driveway and an intersection of
street lines measured along the street line intersected by such
driveway shall be 7.5 metres (24.6 ft); and,
d)
The minimum angle of intersection between a driveway and a street
line shall be 45 degrees.
6.5.10 Parking of Commercial Motor Vehicles, Trailers, Boats and Motorized
Snow Vehicles
Commercial Motor Vehicles shall mean any motor vehicle having
permanently attached thereto a truck or delivery body and, without limiting
the generality of the foregoing, includes: ambulances, hearses, motor
buses and tractors.
a)
No person shall in any Residential Zone, use any lot for the parking
or storage of any Commercial motor vehicle in excess of Gross
Vehicle Weight of 3500 kilograms (7,716 lb);
b)
No person shall in any Residential Zone use any part of any front
yard except the driveway for the parking or temporary storage of
camper trailers, motor homes, land cruisers, truck campers, boats
or motorized snow vehicles. Notwithstanding, no person shall in
33
any Residential Zone use any part of a front yard for the parking or
storage of any travel trailer;
6.6
c)
No person shall in any Residential Zone use any trailer for the
purposes of providing temporary or permanent living, or eating
accommodations. Sleeping accommodations may be provided in a
trailer for a period not exceeding fourteen (14) days,
notwithstanding that such vehicle is jacked up or that its running
gear is removed.
d)
The parking or temporary storage of camper trailers, motor homes,
land cruisers, truck campers, boats or motorized snow vehicles on
a municipal road allowance shall be regulated by the municipality's
Parking By-law.
Loading Requirements
The owner or occupant of any lot, building or structure erected or used for
all uses in Commercial and Industrial Zones shall provide loading spaces
for any purpose involving the receiving, shipping, loading or unloading of
persons, animals, goods, wares and merchandise, and raw materials, but
not for the purpose of offering commodities for sale and display, in
accordance with the following schedule:
6.6.1 Required Number of Loading Space
Gross Commercial and
Industrial Floor Area
Number of Loading Spaces
Up to and including 2,500
sq. metres (26,910 sq. ft)
One Loading Space
Over 2,500 square metres
to and including 7,500
sq. metres (80,732 sq. ft)
Two Loading Spaces
Over 7,500 square metres
to and including 14,000
sq. metres (150,700 sq. ft)
Three Loading Spaces
Over 14,000 square metres
to and including 22,000
sq. metres (236,814 sq. ft)
Four Loading Spaces
Over 22,000 square metres
Four Loading Spaces plus 1 for each
additional 9,500 square metres (102,260
34
sq. ft) or part thereof.
35
6.6.2 Loading Space Dimensions, Access and Locations
Each loading space shall:
a)
be not less than 3.6 metres (11.8 ft) in width, nor less than 15
metres (49.2 ft) in length, nor less than 4.5 metres (14.8 ft) in clear
and unobstructed height nor with a slope of greater than eight
percent (8%), exclusive of any land used for access, manoeuvring,
driveway or similar purpose;
b)
have adequate access to permit ingress and egress of a
commercial motor vehicle from a street by means of driveways,
aisles, manoeuvring areas or similar areas, no part of which is to be
used for the temporary parking or storage of any motor vehicle;
c)
be adequate for the temporary parking of one (1) commercial motor
vehicle;
d)
be not upon or partly upon any street, lane or alley;
e)
be not for the purpose of offering commodities for sale and
display.
6.7
Truck, Bus and Coach Bodies
Except as otherwise specifically permitted in this By-Law, no truck trailer,
bus, coach, street-car body or structure of any kind, other than a dwelling
unit erected and used in accordance with this and all other By-Laws of the
Town, shall be used for human habitation, whether or not the same is
mounted on wheels or other form of mounting or foundation.
6.8
Swimming Pools
Notwithstanding anything contained in this By-Law, a private swimming
pool is permitted as an accessory use to a permitted residential or
agricultural use except in the Environmental Protection Zone.
36
6.9
Permitted Uses in All Zones
6.9.1 Public Streets
Nothing in this By-Law shall prevent the use of any land as a public street
or road.
6.9.2 Public Utilities
The use of land for the erection of buildings or structures, or the
installation of other facilities essential to the operation of a public utility as
defined in the Public Utilities Act, or for the purpose of the public service
by the local municipality or by any local Board, thereof, as defined by the
Planning Act, 1983, or the County of Bruce, or department of the
Government of Ontario or Canada, provided that any such use, building or
structure, shall be used in compliance with the relevant provisions of this
By-Law governing the Zone in which such use, building or structure is
located and shall not adversely affect the character or amenity of the
neighbourhood in which the same is located.
6.9.3 Government Signs
Nothing in this By-Law shall prevent the erection of any properly
authorized traffic sign or signal, or any sign or notice of any local or other
government department or authority.
6.10
Temporary Uses
Nothing in this By-Law shall prevent the use of any land, or the erection or
use of any building or structure for a construction camp, work camp, tool
shed, scaffold, or other building or structure incidental to and necessary
for construction work on the premises, but only so long as such use,
building or structure is necessary for such construction work which has not
been finished or abandoned.
6.11
Obnoxious Uses
Except as otherwise specifically permitted in this By-Law, no land shall be
used and no building or structure shall be erected, altered or used for any
purpose which is obnoxious, and without limiting the generality of this
subsection, for any purpose that creates or is likely to become a nuisance
or offensive, or both, to an adjacent property holder or to the general
public.
a)
by the creation of noise or vibration, or
37
6.12
b)
by reason of the emission of gas fumes, smoke, airborne
particulate matter or objectionable odour, or
c)
by reason of the unsightly storage of goods, wares, merchandise,
salvage, refuse matter, motor vehicles, trailers, boats, or parts of
vehicles or trailers, machinery, or other such material, or
d)
by any combination of these things described in clauses (a), (b) and
(c) of this subsection.
Non-Conforming Uses
This By-Law shall not apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-Law if such land, building or
structure was lawfully used for such purpose on the day of the passing of
this By-Law, so long as it continues to be used for that purpose. This ByLaw shall also not apply to prevent the erection or use for a purpose
prohibited by the By-Law of any building or structure, the plans for which a
permit had been issued under Section 5 of The Building Code Act, prior to
the day of the passing of this By-Law. This section shall apply so long as
the building or structure when erected is used and continues to be used
for the purpose for which it was erected and provided the permit has not
been revoked under Section 6 of the Building Code Act.
6.13
Non-Compliance of Existing Uses
Where a building has been erected prior to the day of the passing of this
By-Law on a lot having less than the minimum frontage and/or depth
and/or area, or having less than minimum setback and/or side yard and/or
rear yard and/or minimum usable open space, parking spaces or fails to
meet other standards required by this By-Law, the said building may be
enlarged, repaired or renovated provided that:
a)
the enlargement, repair or renovation does not further reduce a
front yard and/or side yard and/or rear yard and/or usable open
space and/or other standards having less than the minimum
required by this By-Law, and
b)
all other applicable provisions of this By-Law are complied with.
38
6.14
Exception to Yard Requirements
The front yard requirements herein set forth shall not apply to bay
windows or unenclosed porches on residential dwellings.
The side yard requirements herein set forth shall not apply to chimneys on
residential dwellings. These chimneys may encroach to a maximum fifty
percent (50%) of the width of the side yard.
The rear yard requirements herein set forth shall not apply to unenclosed
porches and decks on residential dwellings.
6.15
Exemption from Front Yard Requirements
Where a new building or structure is to be erected on a lot in an existing
built-up area, such building shall be exempted from the front yard
requirements provided that no building shall be erected closer to the street
line than the average building line existing.
6.16
Exemption from Lot Frontage or Area Requirements
Where a lot having a lesser lot area or lot frontage than that herein
required is held under distinct and separate ownership from abutting lots,
according to the register for land in the Land Titles or Registry Office, on
the date of the passing of this By-Law, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot
provided that all other requirements of this By-Law are complied with.
6.17
Frontage on a Street
No person shall erect or use any building or structure on a lot which does
not front on a street developed to the standards of the Town of Walkerton.
6.18
Multiple Uses
Notwithstanding anything contained in this By-Law where any land,
building or structure is used for more than one purpose, all provisions of
this By-Law relating to each use shall be complied with, but no dwelling
shall be located within 3.0 metres (9.8 ft) of any other building on the lot
except a building accessory to such dwelling.
39
6.19
Landscaping of Front Yard
Unless otherwise specified, abutting property owners shall be responsible
for the provision and maintenance of front yard landscaping to the
travelled limit of the public road.
In Residential R1, R1a and R2 Zones no less than fifty percent (50%) of
the front yard must be landscaped and such landscaping shall not include
driveways or parking areas.
In Residential R3 and RM1 Zones, no less than thirty-five percent (35%) of
the front yard must be landscaped and such landscaping shall not include
driveways or parking areas.
6.20
Prohibited Uses
Shopping Centres are only permitted in the General Commercial C3 Zone.
6.21
Provincial Road Right-of-Way Setback
Notwithstanding any other provisions of this By-Law, no person shall
hereafter, in any zone erect any permanent building or structure closer
than 32 metres (105.0 ft) for commercial structures and 26 metres (85.3 ft)
for residential structures to the centre line of any Provincial Road Right-ofWay.
6.22
Regulations for Daylighting Triangles
In all zones, on a corner lot, no building or structure or vegetation shall be
erected and no vehicle shall be parked in such a manner as to materially
impede vision above a height of 0.5 metres (1.6 feet) above the centre line
grade of the intersecting streets in the triangular area bounded by the
street lines of the corner lot and a line distant 9 metres (29.6 feet)
measured from the point of intersection of the said street line.
6.23
Converted Dwellings
Notwithstanding any other provision of this By-Law, the conversion of an
existing detached dwelling to a multiple dwelling shall only be permitted in
accordance with the following provisions:
a)
The building by reason of its age, location and size has become
unsuitable for use as a detached dwelling, and shall be at least
twenty (20) years old;
40
6.24
b)
No exterior addition to or major exterior alteration of any such
dwelling house proposed to be converted is made and the external
appearance and general character of the building as a detached
dwelling is not changed;
c)
The detached dwelling to be converted shall have a minimum floor
area of not less than 140 square metres (1,507 sq. ft) and such
floor area shall have a minimum ceiling height of not less than 2.3
metres (7.5 ft) over at least seventy five percent (75%) of the
required floor area with clear height of 2.1 metres (6.9 ft) at any
point;
d)
There shall be no exterior stairways except open metal fire escapes
which shall be located in a rear yard or side yard;
e)
Off-street parking shall be provided according to Section 6.5 of this
By-Law;
f)
Such detached dwellings shall have been certified by the Chief
Building Official as being structurally sound for such conversion;
g)
Such converted dwellings shall not contain more than four (4)
dwelling units or in the case of a boarding house or lodging house
not more than ten (10) guest rooms.
Accessory Buildings
Within all zones permitted accessory buildings shall not be erected prior to
the erection of the principle structure on the same lot except where it is
necessary for the storage of tools and materials for use in connection with
the construction of such principle structure and no accessory building shall
be used prior to the erection of such principle structure for any purpose
other than such storage.
Unless otherwise specified all accessory buildings must be located in the
rear yard.
Accessory buildings shall not exceed one storey in height.
a)
Within all residential zones the following shall apply to accessory
buildings:
i)
In addition to being permitted in the rear yard, accessory
buildings may be permitted in the side yard.
41
6.25
ii)
Total area of all accessory buildings shall not exceed ten
percent (10%) of the area of the lot and for the provisions of
this By-Law an in-ground swimming pool shall not be
considered an accessory building; however, any swimming
pool roofed enclosure, whether temporary or permanent,
shall be considered an accessory building unless such
roofed enclosure is designed and built as an integral part of
the permitted dwelling on that lot;
iii)
The regulations governing the location of any accessory
building in relation to a lot line shall not apply to prevent the
erection or use of a jointly-owned double garage which
services two dwellings whose common lot line shall be the
dividing line of such garage;
iv)
The minimum distance from the main building for a detached
accessory building shall be 1.8 metres (5.9 ft) provided that
in no case shall any overhang, eaves, gutter, project into this
required minimum area, which shall be clear of any
obstruction from the ground to the sky;
v)
For the purpose of this By-law a satellite dish shall be
considered an accessory structure.
b)
Within the Highway Commercial (C2) Zone the gross floor area of
an accessory buildings shall not exceed 15% of the area of the lot.
c)
Within all Industrial Zones accessory buildings shall not be less
than 5 metres (16.4 ft) from any lot line.
Home Occupations Permitted
a)
That an area not to exceed to a maximum of 28 square metres
(91.9 sq. ft) is devoted to such uses and such area shall be internal
to the dwelling or accessory buildings and not external.
b)
There shall be no display of goods or advertising other than a plate
or sign which is not larger than 0.1 square metres (1 sq. ft) in area,
non illuminated, and attached to the dwelling.
c)
All the parking for the home occupation must be accommodated on
the same lot as the dwelling within which the home occupation is
being conducted. The regulations for parking associated with the
home occupation shall be those as contained in Section 6.5.8
herein.
42
6.26
d)
There shall be no more than one (1) commercially licensed vehicle,
gross weight not to exceed 3,500 kilograms (7,716 lb), permitted in
the allowable driveway as defined herein.
e)
That no machinery or instrument shall be used in conducting the
said home occupation that is not normally used in a residence or is
not compatible with a residential area.
f)
The home occupation shall not create or become a nuisance in
regards to noise, odours, vibrations, traffic generated or parking or
radio and television reception interference in comparison to what is
recognized as normal for the neighbourhood where the Home
Occupation is proposed.
g)
The home occupation shall not created or become a fire, health or
building hazard according to any Federal, Provincial, County of
Municipal standards and/or codes.
h)
There shall be no open and external storage of materials or goods
or equipment in support of the home occupation and there shall be
no hazardous materials stored on the residential property in order
to maintain the residential character of the neighbourhood.
i)
No person shall prohibit the Chief Building Official and/or Zoning
Officer of the Town of Walkerton from entering a dwelling when
authorized to do so according to law.
j)
No person conducting a home occupation use shall contravene the
property standards by-law for the Town of Walkerton.
Drainage of Lots
In any zones, all lands, buildings and structures shall provide adequate
drainage so as to prevent the flow of surface water onto adjoining lots.
6.27
Bed and Breakfast Establishment
Where permitted by this by-law, a bed and breakfast establishment will be
subject to the following provisions.
a)
The lot and detached dwelling in which the bed and breakfast
establishment is located must meet all the requirements of the zone
in which it is located.
43
6.28
b)
No person, other than members of the family who operate the
establishment shall be employed except as is necessary for
housekeeping purposes.
c)
Each guest room shall have a minimum floor area of 10.5 square
metres (113.0 sq. ft).
d)
Guest rooms are not permitted within an attic.
e)
No bed and breakfast establishment shall provide more than 3
guest rooms for overnight accommodation.
f)
No food or drink shall be offered or kept for sale for persons who
are not guests of the establishment.
g)
In addition to the two parking spaces a detached dwelling is
required to have by this by-law, a Bed and Breakfast Establishment
shall be provided with one parking space per guest room.
h)
A sign shall be permitted provided such sign is not larger than 0.37
square metres (4.0 sq. ft) in area and is not flashing.
i)
Maximum number of occupants permitted to lodge within a Bed and
Breakfast Establishment shall be eight (8).
Watercourse Setbacks
Notwithstanding any yard provisions of this By-law, no person shall
hereafter erect any permanent building or structure in any zone, save and
except for the Silver Creek (S) Zone, which is:
(a)
closer than 8 metres (26.3 ft) from an open municipal drain,
(b)
closer than 8 metres (26.3 ft) to the top of the bank of any
watercourse or an enclosed municipal drain or within the
boundaries of an Environmental Protection Zone.
This provision shall not apply to lands under the Silver Creek Zone symbol
"S". Lands so zoned shall be regulated by the provisions of Section 14 of
this By-law.
6.29
Dwelling Units Below Grade
No dwelling unit shall in its entirety be located in a cellar. If any portion of
a dwelling unit is located in a cellar such portion of the dwelling unit shall
be used as a furnace room, laundry room, storage room, recreation room
44
or for a similar use only. However, a dwelling unit in its entirety, may be
located in a basement in accordance with the permitted uses and
regulations of this By-law and provided the finished floor level of such
basement is not below the level of any sanitary or storm sewer serving the
building or structure in which the basement is located.
6.30
Special Holding Provisions
The symbol "H" when used in conjunction with a zone designation (eg.
C1-H) can denote areas in which the use of land and the erection of
buildings or structures will not be permitted in accordance with provisions
for such zone designation. The removal of the holding symbol "H" by
Council By-law will permit the use of land and erection of buildings and
structures in accordance with the zone designation and its provisions.
Until such time as the "H" symbol is removed, any lands so designated
may be used for lawfully existing uses.
Notwithstanding the provisions of this Section, alterations, additions or
enlargements to existing residential building or structures and accessory
structures will be permitted provided such buildings and structures were
lawfully used for residential purposes on the date of the passing of this bylaw and provided such alterations, additions or enlargements conform to
the provisions of Section 9 of this by-law.
6.31
Special Use Provisions
Where any of the Zone symbols described in herein are shown on
Schedule 'A' followed by a dash and a letter (eg. R1-a) then special
provisions and/or uses to the normal zone provisions apply to such lands.
Such special provisions will be found by reference to that section of the
By-law which deals with that particular zone. Lands designated in this
manner shall be subject to all the restrictions of the zone, except as
otherwise provided by the special provisions.
6.32
Servicing Requirements
Unless stated to the contrary, all residential development shall be
connected to municipal water and sanitary sewer servicing.
45
7.
RESIDENTIAL "R" ZONES
7.1
General Provisions for Residential Zones
7.1.1 Uses of Residential Lots
No person shall erect more than one single family detached dwelling or
one semi-detached dwelling on any lot.
7.1.2 Non-Residential Buildings
Where a recreational, institutional or public building is constructed in any
Residential Zone, the said building shall be located no closer than one-half
(1/2) the height of the building or 7.5 metres (24.6 ft), whichever is the
greater, to any property line of the site on which said building is located.
7.1.3 Minimum Frontage - Corner Lots
Notwithstanding other limitations imposed by this By-Law no detached
dwelling unit that is situated on a corner lot shall have a lot frontage of less
than 18.0 metres 59.1 ft).
7.1.4 Parking Requirements
Off-street parking shall be provided in accordance with Section 6.5.
46
7.2
Residential "R1" Zone
7.2.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a single family dwelling;
b)
home occupations in accordance with Section 6.25;
c)
accessory building to any permitted use in accordance with Section
6.24.
7.2.2 Zone Provisions (Full Municipal Services)
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions when developed on full
municipal services:
Minimum lot area
560.0 sq. metres (6,028 sq. ft)
Minimum lot frontage
18.0 metres (59.1 ft)
Minimum lot depth
27.4 metres (89.9 ft)
Maximum lot coverage
30.0 per cent
Minimum front yard
6.0 metres (19.7 ft)
Min. interior side yard
1.2 metres (3.9 ft) (a)
Min. exterior side yard
6.0 metres (19.7 ft)
Minimum rear yard
7.5 metres (24.6 ft)
Minimum distance from
accessory buildings to an:
interior side lot line
1.8 metres (5.9 ft);
exterior side lot line
6.0 metres (19.7 ft).
rear lot line
0.6 metres (1.9 ft);
47
Minimum floor area:
one storey
100.0 sq. metres (1,076
sq. ft)
1 1/2 storey
74.0 sq. metres (796.6 sq.
ft)
Maximum building height
NOTE:
(a)
10.0 metres (32.8 ft)
Where no garage, carport or similar parking structure is provided,
one side yard of at least 2.4 metres (7.9 ft) shall be provided.
7.2.3 Zone Provisions (Partial Municipal & Private Services)
When development within the R1 zone takes place on partial municipal
services or private services all buildings and structures or part thereof
shall conform to the provisions of Section 7.2.2 except that:
No municipal
Municipal
water
water or sewers
Minimum Lot Area
or sewers
1395.0 sq metres.
(15,016 sq. ft)
700.0 sq. metres
(7,535 sq. ft)
(119.8 ft)
36.5 metres
23.0 metres
(75.5 ft)
Minimum Lot Frontage
7.2.4 Special Provisions
a)
Notwithstanding their 'R1' zoning designation those lands
delineated as 'R1-1' on Schedule 'A' to this By-law shall only be
used in accordance with the 'R1' zone provisions contained in this
By-Law, excepting however that:
i)
b)
for the purposes of this paragraph, 'lot coverage' shall mean
that percentage of the lot area covered by all buildings
above ground level, but does not include that portion thereof
which is completely below ground level.
Notwithstanding their 'R1' zoning designation those lands
delineated as 'R1-2' on Schedule 'A' to this By-law shall only be
48
used in accordance with the 'R1-1' zone provisions contained in
paragraph a) above, excepting however that:
i)
the 'minimum front yard' may be reduced to 4.5
m (14.8 ft).
Municipality of Brockton By-Law No.2001-60 (Brockton – various locations)
c)
Notwithstanding their „R1‟ Zoning designation, those lands
delineated as „R1-3‟ on Schedule „A‟ to this By-Law, may be used in
accordance with the „R1‟ zoning provisions, excepting however, that:
i)
„Permitted Uses‟ may include a „hotel‟
d)
Notwithstanding their „R1‟ Zoning designation, those lands
delineated as „R1-4‟ on Schedule “A” to this By-Law, may be used in
accordance with the „R1‟ Zoning provisions, excepting however that:
ii)
„Permitted Uses‟ may include a contractors or tradespersons shop.
Municipality of Brockton by-law No. 2005-67 (Sepp, Plan 162, Park Part Lot 44, Yonge
Street North)
(c)
Notwithstanding their „R1‟ zoning designation, those lands delineated as „R1-3‟
on Schedule “A” to this by-law shall be used in compliance with the „Residential –
R1‟ zone provisions contained in this by-Law, excepting however, that:
i)
(d)
The minimum exterior side yard setback shall be no less than 1.5 metres
for the dwelling unit as it exists on the day of passing of this by-law.
Notwithstanding their „R1‟ zoning designation, those lands delineated as „R1-4‟
on Schedule “A” to this by-law shall be used in compliance with the „Residential –
R1‟ zone provisions contained in this by-law, excepting however that:
ii)
The minimum side yard setback on the west side of the property shall be
no less than 4.0 metres.
Municipality of Brockton By-Law No. 2006-60 (Eidt, Plan 7, Lots 63, 74 and 65, Part Lot
48 – 120 Jackson Street N)
5.
Notwithstanding their „R1‟ zoning designation, those lands delineated as „R1-5-h‟
on Schedule “A” to this by-law shall be used in compliance with the „Residential
Zone – R1‟ zone provisions contained in this By-law, excepting however, that:
i)
The interior side yard and rear yard setbacks on the south east side of the
49
ii)
property shall be as it exists on the day of passing of this By-law.
The „H – Holding‟ provision may be removed once the following condition
has been met:
a.
A permit has been issued under the SVCA‟s Regulation (Ontario
Regulation 169/06).
Municipality of Brockton By-Law No. 2009-58 (Binkley c/o Popp, Part Lot 35, Plan7)
(e)
Notwithstanding their „R1‟ Zoning designation, those lands delineated as „R1-5‟
on Schedule “A” to this by-law, shall be used in compliance with the „Residential
R1 Zone‟ provisions contained in this By-Law, excepting however, that:
i)
ii)
iii)
The minimum lot area shall be no less than 556 square metres;
The maximum lot coverage shall be no greater than 36%; and,
The exterior side yard shall be no less than 0 metres.
50
7.3
Residential "R1a" Zone
7.3.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a single family dwelling;
b)
an accessory building to any permitted use in accordance with
Section 6.24.
7.3.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
400.0 sq. metres (4,305.7 sq. ft)
Minimum lot frontage
13.5 metres (44.3 ft) (a)
Minimum lot depth
27.0 metres (88.6 ft)
Maximum lot coverage
30.0 per cent
Minimum front yard
6.0 metres (19.7 ft)
Min. interior side yard
1.8 metres (5.9 ft)
Min. exterior side yard
6.0 metres (19.7 ft)
Minimum rear yard
7.0 metres (23.0 ft)
Minimum distance from
an accessory buildings to an:
interior side lot line
1.2 metres (3.9 ft)
exterior side lot line
6.0 metres (19.7 ft)
rear lot line
0.6 metres (2.0 ft)
Minimum floor area:
one storey
70.0 sq. metres (753.5 sq.
51
ft)
1 1/2 storey
54.0 sq. metres (581.3 sq. ft)
Maximum building height
10.0 metres (32.8 ft)
NOTE:
(a)
Where the detached dwelling unit is situated on a corner lot, the minimum
frontage shall be 18.0 metres (59.1 ft).
7.3.3 Special Provisions
a)
Notwithstanding their 'R1a' Zoning designation, lands delineated as
'R1a-1' on Schedule "A" to this By-Law, shall only be used for
residential purposes in accordance with the R1a Zone contained in
this By-Law excepting however that:
i)
the minimum lot frontage for a corner lot shall be 17.5
metres (57.4 ft);
ii)
the minimum frontage for an interior lot shall be 12.2 metres
(40 ft);
iii)
the maximum floor area of a dwelling unit shall be 102
square metres (1,098 sq. ft); and,
iv)
for the purposes of this Section "floor area" shall mean the
total floor area contained within the inside walls of a dwelling
unit, excluding any private garage, carport, porch, veranda,
unfinished attic, cellar or sun room (unless such sun room is
habitable during all seasons of the year).
Municipality of Brockton By-law No. 2010-04 (Turner and Williams c/o IBI Group, Plan
84, Part Park Lots 7 and 8 and Plan162, Lot 26 (being Part 2 on RP 3R-3464)
(b)
Notwithstanding their „R1a‟ zoning designation, those lands delineated as „R1a-2‟
on Schedule „A‟ to this By-law shall be used in compliance with the „Residential
R1a Zone‟ provisions contained in this By-law, excepting however, that:
i)
ii)
(c)
Home occupations shall be a permitted use in accordance with Section
6.25; and,
Minimum Interior Side Yard shall be no less than 1.2 metres.
Notwithstanding their „R1a‟ zoning designation, those lands delineated as „R1a-3‟
52
on Schedule “A” to this By-Law shall be used in compliance with the „Residential
R1a Zone‟ provisions contained in this By-law, excepting however, that:
i)
ii)
iii)
(d)
Home occupations shall be a permitted use, in accordance with Section
6.25;
Minimum Lot Depth shall be no less than 25 metres; and
Minimum Interior Side Yard shall be no less than 1.2 metres.
Notwithstanding their „R1a‟ zoning designation, those lands delineated as „R1a-4‟
on Schedule “A” to this By-Law shall be used in compliance with the „Residential
R1a Zone‟ provisions contained in this By-Law, excepting however, that:
i)
ii)
iii)
iv)
Home occupations shall be a permitted use, in accordance with Section
6.25;
Minimum Interior Side yard shall be no less than 1.2 metres;
Minimum Exterior Side yard shall be no less than 3 metres; and
Minimum Frontage – Corner Lot shall be no less than 16.2 metres.
53
7.4
Residential "R2" Zone
7.4.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a single family dwelling in accordance with the provisions of the
R1a Zone, Section 7.3;
b)
a converted dwelling in accordance with Section 6.23;
c)
a boarding house or lodging housing in accordance with Section
6.23;
d)
a semi-detached dwelling;
e)
f)
a duplex dwelling;
a home occupation in accordance with Section 6.25;
g)
an accessory building to any permitted use in accordance with
Section 6.24.
7.4.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Duplex Dwelling
minimum lot frontage
Semi-Detached
Dwelling
720 sq. metres (7,750 sq.
ft)
21.0 metres (68.9 ft) (a)
minimum lot depth
27.0 metres (88.6 ft)
27.4 metres (89.9 ft)
maximum lot coverage
35.0 per cent
35.0 per cent
minimum front yard
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
minimum side yard
1.2 metres (3.9 ft) (b)
1.2 metres (3.9 ft) (b)
minimum exterior side
yard
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
minimum lot area
54
560
sq.
metres
(6,028 sq. ft)
18.0 metres (59.1 ft)
minimum rear yard
7.5 metres (24.6 ft)
7.5 metres (24.6 ft)
side lot line
0.6 metres (2 ft)
0.6 metres (2 ft)
exterior lot line
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
rear lot line
0.6 metres (2 ft)
0.6 metres (2 ft)
66.0 sq. metres (710 sq.
ft)
66.0 sq. metres (710
sq. ft)
minimum distance from
accessory building to:
minimum floor area:
one storey
1 1/2
storey
maximum
height
55.0 sq. metres
(592 sq. ft)
building
10.0 metres (32.8
N.A.
ft)
10.0 metres (32.8 ft)
NOTE:
(a)
Where the semi-detached dwelling is situated on a corner lot, the
minimum frontage shall be 12.0 metres (29.4 ft) per dwelling unit.
(b)
Where no garage or carport or similar parking structure is provided, one
side yard of at least 2.4 metres (7.9 ft) shall be provided.
7.4.3 Special Provisions
a)
Notwithstanding their 'R2' Zoning designation, lands delineated as
'R2-1' on Schedule 'A' to this By-Law, shall only be used for the
purposes of a converted dwelling in accordance with the 'R2' Zone
provisions contained in this By-Law excepting however that:
i)
the maximum number of dwelling units shall be five (5)
ii)
the minimum lot area shall be 2043 square metres (21,991
sq. ft)
iii)
the minimum lot frontage shall be 21 metres (68.9 ft)
55
b)
Notwithstanding their 'R2' zoning designation, those lands
delineated as 'R2-2' on Schedule 'A' to this By-Law may be used in
accordance with the "R2" zone provisions contained in this By-Law
excepting however that:
(i)
the 'minimum northerly side yard' may be reduced to 1.2
metres (3.9 ft).
Municipality of Brockton By-law No.95-10 (Judar, Part Park Lot L, Registered Plan 162,
Part Lots 2 and 3, Plan 7)
c)
Notwithstanding their „R2‟ zoning designation, those lands delineated as „R2-3‟
on Schedule “A” to this by-law, shall be used in compliance with the „R2‟ Zone
provisions contained in this by-law, excepting however, that:
i)
Prior to the issuing of a building permit, the owner of the property shall
provide a site plan and enter into an agreement with the Town in
accordance with by-law No. 85-52 (Site Plan Control), detailing lot grading
and drainage, a building envelope and driveway location.
Municipality of Brockton By-Law No. 2008-56 (Edinburgh Holdings Corp, Part of Lots 2
and 3 and Lots 4 and 5, Plan 185)
c)
Notwithstanding their „R2-s‟ zoning designation, those lands delineated as „R2-3s‟ on Schedule “A” to this By-Law shall be used in compliance with the
„Residential Zone 2 with Silver Creek Constraint – R2-s‟ zone provisions
contained in this By-law, excepting however, that:
i)
ii)
iii)
The maximum Home Occupation building round floor area shall be no
greater than 139 square metres;
The maximum number of persons employed in the Home Occupation who
do not reside in the residence shall not exceed 3 persons;
The minimum exterior side yard setback shall be no less than 5.1 m.
56
7.5
Residential "R3" Zone
7.5.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a single family dwelling in accordance with the provisions of the
R1a Zone, Section 7.3;
b)
a semi-detached dwelling in accordance with the provisions of the
R2 Zone, Section 7.4;
c)
a triplex dwelling;
d)
a double duplex dwelling;
e)
a row dwelling in accordance with the provisions of the RM1 Zone,
Section 7.6;
f)
a converted dwelling in accordance with Section 6.23;
g)
a boarding house or lodging house in accordance with Section
6.23;
h)
a home occupation in accordance with Section 6.25;
i)
an accessory building to any permitted use in accordance with
Section 6.24.
7.5.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
TRIPLEX DWELLING
DOUBLE
DWELLING
minimum lot area
690.0 sq. metres (7,427
sq. ft)
920.0 sq. metres (9,903
sq. ft)
Minimum lot frontage
20.0 metres (65.6 ft)
30.0 metres (98.4 ft)
Maximum lot coverage
35 per cent
35 per cent
57
DUPLEX
Minimum front yard
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
Min. interior side yard
4.9 metres (16.1 ft)
4.9 metres (16.1 ft)
Min. exterior side yard
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
Minimum rear yard
7.5 metres (24.6 ft)
7.5 metres (24.6 ft)
interior side lot line
0.6 metres (2 ft)
0.6 metres (2 ft)
exterior side lot line
6.0 metres (19.7 ft)
6.0 metres (19.7 ft)
rear lot line
0.6 metres (2 ft)
0.6 metres (2 ft)
Maximum
building
height
Minimum floor area per
dwelling unit
10.0 metres (32.8 ft)
10.0 metres (32.8 ft)
65.0 sq. metres (700.0 sq.
ft)
65 sq. metres (700.0 sq.
ft)
Minimum distance from
an accessory building to
an:
7.5.3 Maximum Density
A maximum density of 37 dwelling units per hectare (15 dwelling
units per acre) will be permitted in an "R3" Zone.
58
7.5.4 Special Provisions
a)
Notwithstanding their 'R3' zoning designation, those lands delineated as
'R3-1' on Schedule 'A' to this By-Law may be used for the purposes of a
funeral home establishment, in accordance with the C2 zone provisions
contained in this By-Law.
Municipality of Brockton By-law No. 99-57 (Campbell, Part Lot 9, Registered Plan 162)
(b)
Notwithstanding their „R3‟ Zoning designation, those lands delineated as „R3-2‟
on Schedule “A” to this by-law may be used for residential and bed and breakfast
purposes in compliance with the „Bed and Breakfast Establishment‟ and „ R3‟
zone provisions contained in this by-law, excepting however, that:
i)
ii)
iii)
iv)
v)
vi)
The maximum number of guest rooms shall be six (6);
No guest bedrooms shall be located above the second storey except in
conformance with the Ontario Building Code and/or other related
legislation and regulation and approved by the Chief Building Official of
the Municipality;
One guest room measuring approximately 10.2 square metres (110
square feet) shall be allowed;
The maximum number of guests shall be limited to ten (10);
A planting strip consisting of a green hedge shall be established along the
north property line extending the length of the parking area; and,
One driveway of approximately 7.9 metres (26 feet) in width shall be
allowed.
Municipality of Brockton By-Law No. 2005-70 (Foreman Apartments, Part Lot 1, Plan
836, Yonge Street E/S)
(c)
Notwithstanding their „R3‟ Zoning designation, those lands delineated as „R3-3‟
on Schedule “A” to this by-law shall be used in compliance with the „Residential –
R3‟ zone provisions contained in this by-law, excepting however that:
i)
ii)
iii)
iv)
The Minimum Lot Frontage shall be no less than 20.5 metres (67.27 feet);
Section 6.5.8(c) Parking Regulations for Residential Zones‟ parking shall
not apply;
Parking shall be permitted in the front yard but no part of any parking
space shall be located closer than 9.1 metres (30 feet) from the front
property line and no closer than 3.0 metres (10 feet) to the south interior
loe line and 2.74 metres (9 feet) to the north interior lot line;
A 2.44 metre (8 feet) high permanent, maintenance free board fence shall
be erected and maintained along the full length of the south interior lot
lines.
59
Municipality of Brockton By-Law No. 2008-67 (Weber, Part Lots F, K and A, Plan 162,
being Part 3 on 3R-4455)
(d)
Notwithstanding their „R3‟ Zoning designation, those lands delineated as „R3-4‟
on Schedule “A” to this by-law, shall be used in compliance with the „Residential
R3 Zone‟ provisions contained in this By-Law, excepting however, that:
i)
A Site Plan Agreement shall be registered on title.
60
7.6
Residential "RM1" Zone
7.6.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a street townhouse dwelling;
b)
an accessory building to any permitted use in accordance with
Section 6.24.
7.6.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
STREET TOWNHOUSE DWELLING
Minimum lot area
195.0
sq. metres (2,099
square feet)
per dwelling unit
Minimum lot frontage
per dwelling unit
5.4 metres (18 ft)
Minimum lot depth
30.0 metres (98.4 ft)
Maximum lot coverage
40.0 per cent
Minimum front yard
6.0 metres (19.7 ft)
Min. interior side yard
4.9 metres (16.1 ft)
Min. exterior side yard
6.0 metres (19.7 ft)
Minimum rear yard
10.5 metres (34.4 ft) (a)
Maximum building height
10.0 metres (32.8 ft)
Minimum distance from
accessory buildings to an:
interior side lot line
0.6 metres (2 ft)
61
exterior side lot line
6.0 metres (19.7 ft)
rear lot line
0.6 metres (2 ft)
Minimum floor area per
dwelling unit
65.0 sq. metres (700 sq. ft)
NOTE:
(a)
Provided that any yard adjoining the full length of the rear wall of the
dwelling unit shall be clear and unobstructed by any public pedestrian
access or surface parking area, excluding a private driveway for the
dwelling house for a minimum depth of 7.5 metres (24.6 ft) measured at
right angles from such wall.
7.6.3 Maximum Density
A maximum density of 37 dwelling units per hectare (15 dwelling units per
hectare) will be permitted in an "RM1" Zone.
7.6.4 Special Provisions
Municipality of Brockton By-Law No. 2008-69 (Wallace, Part Lot K, Plan 88 and Part Lot
1 and Part Lot 2, Plan 96)
(a)
Notwithstanding their „RM1‟ zoning designation, those lands delineated as „RM11‟ on Schedule “A” to this By-Law shall be used in compliance with the
„Residential RM1Zone provisions contained in this by-law, excepting however,
that:
i)
The „rear yard‟ shall be no less than 10 m (34 ft)
Municipality of Brockton By-Law No. 2010-04 (Turner and Williams c/o IBI Group, Plan
84, Part Park Lots 7 and 8, and Plan 162 Lot 26 (being Part 2 on RP 3R-3464)
(b)
Notwithstanding their „RM1‟ zoning designation, those lands delineated as „RM12‟ on Schedule “A” to this by-law shall be used in compliance with the
„Residential RM1 Zone‟ provisions contained in this by-law, excepting however,
that:
i)
Minimum Rear yard shall be no less than 6 metres.
62
7.7
Residential "RM2" Zone
7.7.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a row dwelling in accordance with the provisions of the RM1 Zone,
Section 7.6;
b)
a maisonette dwelling;
c)
home occupation in accordance with Section 6.25;
d)
an accessory building to any permitted use in accordance with
Section 6.24.
7.7.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
MAISONETTE DWELLING
Minimum lot area per dwelling
195.0 sq. metres (2,099 sq. ft)
Minimum lot frontage
30.0 metres (98.4 ft)
Minimum lot depth
30.0 metres (98.4 ft)
Maximum lot coverage
35.0 per cent
Minimum front yard
6.0 metres (19.7 ft)
Min. interior side yard
4.9 metres (16.1 ft)
Min. exterior side yard
6.0 metres (19.7 ft)
Minimum rear yard
10.5 metres (34.4 ft) (a)
unit
Minimum distance from
accessory building to an:
an
interior side lot line
0.6 metres (2 ft)
63
exterior side lot line
6.0 metres (19.7 ft)
rear lot line
0.6 metres (2 ft)
Minimum dwelling unit floor area:
65.0 sq. metres (700 sq. ft)
NOTE:
(a)
Provided that any yard adjoining the full length of the rear wall of the
dwelling unit shall be clear and unobstructed by any public pedestrian
access or surface parking area, excluding a private driveway for the
dwelling house for a minimum depth of 7.5 metres (24.6 ft) measured at
right angles from such wall.
7.7.3 Maximum Density
A maximum density of 37 dwelling units per hectare (15 dwelling units per
acres) will be permitted in an "RM2" Zone.
7.7.4 Access Yard
Where the access yard is adjacent to a lot line, the greater of the access
requirements of this By-Law shall prevail.
7.7.5 Outdoor Living Area
For each dwelling unit with direct access to the outside, one access yard
shall serve as an outdoor living area for the occupants.
7.7.6 Minimum Distance Between Residential Buildings
a)
The minimum distance between two adjacent residential buildings
shall not be less than the sum of the minimum depths of their
adjacent access yards, in accordance with the following
requirements:
i)
An access yard which includes the outdoor living area shall
have a minimum depth equal to one and one-half (1 1/2)
times the height of the adjacent building.
ii)
An access yard which does not include the outdoor living
area shall have a minimum depth equal to one half (1/2)
times the height of the adjacent building.
iii)
Where the access yard is adjacent to the blank wall of a
64
building, the minimum depth of this yard shall be equal to
one quarter (1/4) times the height of said building.
iv)
b)
Where the blank end wall of one building faces the blank end
wall of an adjacent building, the minimum distance between
these buildings shall be equal to one half (1/2) times the
average height of the two buildings.
Where two residential buildings face each other and are not
parallel, the minimum access yard depth shall be taken as the
average depth of the yard measured at right angles to the centre of
the external wall of the dwelling unit.
7.7.7 Special Provisions
65
7.8
Residential "RM3" Zone
7.8.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
an apartment dwelling;
b)
an accessory building to any permitted use in accordance with
Section 6.24;
c)
a personal service shop within an apartment dwelling;
d) a tuck shop within an apartment dwelling.
7.8.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
a)
APARTMENT DWELLING
Minimum lot area
1850.0 sq. metres (19,914 sq. ft)
Minimum lot frontage
35.0 metres (114.8 ft)
Maximum lot coverage
30.0 per cent
Minimum front yard
10.5 metres (34.4 ft)
Min. interior side yard
8.2 metres (26.9 ft)
Min. exterior side yard
10.5 metres (34.4 ft)
Minimum rear yard
15.0 metres (49.2 ft)
Minimum distance from
accessory buildings to an:
interior side lot line
6.0 metres (19.7 ft)
exterior side lot line
9.0 metres (29.5 ft)
rear lot line
6.0 metres (19.7 ft)
66
Minimum floor area per
dwelling unit:
Bachelor
45.0 sq. metres (484 sq. ft)
One bedroom
60.0 sq. metres (646 sq. ft)
Two bedroom
74.0 sq. metres (797 sq. ft)
Three bedroom
85.0 sq. metres (915 sq. ft)
For each bedroom
excess of three
in
Maximum building height
a)
11.0 sq. metres (118 sq. ft)
24.0 metres (78.7 ft)
PERSONAL SERVICE SHOP
Maximum one establishment per
building.
Maximum floor area:
c)
75.0 sq. metres (807 sq. ft)
TUCK SHOP
Maximum one establishment per
building.
Maximum floor area:
25.0 sq. metres (269 sq. ft)
7.8.3 Maximum Density
A maximum gross density of 86 units per hectare (34.4 units per acre)
shall be permitted in an "RM3" Zone.
67
7.8.4 Minimum Distance Between Residential Buildings
a)
The minimum distance between two adjacent apartment buildings
or an apartment building and a multiple attached dwelling unit on
the same or the adjacent lot shall be equal to the average height of
the two adjacent buildings;
b)
The minimum distance between an apartment building and a
detached dwelling unit on an adjacent lot shall be equal to the
height of the apartment building.
7.8.5 Play Space for Apartments
Notwithstanding anything contained in this By-Law, no person shall use
land for, erect or use an apartment building containing other than bachelor
units unless he provides on the lot:
a)
Play space for children as follows:
A minimum of 18 square metres (194 sq. ft) or the total of the
following space requirements for each dwelling unit, whichever is
greater.
b)
Bachelor Unit
0.0 sq. metres
1 Bedroom
1.8 sq. metres (19.4 sq. ft)
2 Bedroom
3.7 sq. metres (39.8 sq. ft)
3 Bedroom
4.6 sq. metres (49.5 sq. ft)
Such play space shall be:
i)
enclosed with a suitable fence at least 1.2 metres (3.9 ft) in
height;
ii)
located at least 4.5 metres (14.8 ft) from the nearest wall of
the building;
iii)
accessible to the building without the necessity of crossing a
parking lot or driveway;
iv)
in one location as shown on the site plan;
v)
may be considered as part of the landscaped area.
68
7.8.6 Landscaping for Apartments
Notwithstanding anything contained in this By-Law, no person shall use
land for, erect or use a building containing apartment dwelling units,
unless he provides on the lot:
a)
A minimum of 30 % of the lot area for landscaping;
b)
A strip of land for landscaping abutting on the side lot line and on
the rear lot line;
c)
A strip of land for landscaping abutting on the walls of the
apartment dwelling, where units on the ground floor have windows
to habitable rooms, which face onto either a driveway or a parking
lot in the said yards;
d)
A screen in the form of landscaping to a height of not less than 1.5
metres (4.9 ft) adjacent to the side and rear lot lines, where such lot
lines abut a single-family Residential Zone. The screen is to have
reached the required height within three years of the date of
issuance of the building permit for the said apartment dwelling;
e)
The width of the strip of land for landscaping, as described in
Section 7.8.6 b), c), and d) shall be determined by Development
Control Agreement. However, in no case shall it be less than 1.5
metres (4.9 ft) .
7.8.7 Canopies for Entrances to Apartment Buildings
Notwithstanding any other provisions of this By-Law, a canopy or portico
over the major entrance to an apartment building may project into the
required yard a distance equal to one-half (1/2) the required setback of the
building from the street line.
7.8.8 Special Provisions
a)
Notwithstanding their "RM3" Zoning designation, those lands
delineated as 'RM3-1' on Schedule "A" to this By-Law shall only be
used for the purpose of an apartment of not more than twelve (12)
dwelling units in compliance with the RM3 Zone provisions
contained in this By-Law, except that one minimum interior side
yard requirement be permitted at 6.0 metres (19.7 ft) and one
interior side yard requirement be permitted at 7.0 metres (23 ft) on
those lands delineated as 'RM3-1'.
69
b)
Notwithstanding their "RM3" zoning designation, those lands
delineated as "RM3-2" on Schedule "A" to this By-Law shall only be
used for the purpose of an apartment of not more than twenty-four
(24) dwelling units in compliance with the RM3 Zone provisions
contained in this By-Law except that one minimum front yard
requirement be permitted at 9.0 metres (29.5 ft), one minimum
interior side yard requirement be permitted at 6.4 metres (21 ft),
one minimum exterior side yard requirement be permitted at 9.0
metres (29.5 ft) and one minimum rear yard requirement be
permitted at 11.5 metres ( 37.7 ft) on those lands delineated as
RM3-2.
c)
Notwithstanding their 'RM3' Zoning designation, lands delineated
as 'RM3-3' on Schedule "A" to this By-Law, may be used for the
purposes of a residential apartments and uses accessory thereto in
accordance with the RM3 Zone provisions contained in this ByLaw, excepting however that:
i)
the minimum lot frontage may be reduced to 28 metres (91.9
ft);
d)
ii)
the minimum side yard may reduced to 8.2 metres (26.9 ft);
iii)
a balcony may project into the required side yard by not
more than 1.7 metres (5.6 ft);
iv)
the minimum separation distance between apartment
buildings may be reduced to 4.5 metres (14.8 ft);
Notwithstanding their 'RM3' Zoning designation, lands delineated
as 'RM3-4' on Schedule 'A' to this By-Law, may be used for the
purposes of residential apartments and uses accessory thereto in
accordance with the RM3 Zone provisions contained in this ByLaw, excepting however that:
i)
the minimum lot area may be reduced to 1740 square
metres (18,730 sq. ft);
ii)
the percent maximum lot coverage may be increased to 42
percent;
iii)
the minimum front yard may be reduced to 0 metres (0 feet);
iv)
the minimum exterior side yard may be reduced to 0 metres
(0 feet);
70
e)
f)
v)
the minimum rear yard may be reduced to 4.6 metres (15.1
ft);
vi)
the minimum lot frontage may be reduced to 34.7 metres
(114 ft);
vii)
only those buildings or structures existing on the date of
passing of the By-Law No. 86-35 shall be permitted.
Notwithstanding their 'RM3' zoning designation, those lands
delineated as 'RM3-5' on Schedule 'A' to this By-Law shall only be
used for the purposes of a retirement lodge in accordance with the
RM3 provisions contained in this By-Law, excepting however that:
i)
for the purposes of this By-Law a 'Retirement Lodge' shall
mean a residence providing accommodation, primarily for
retired persons or couples, with separate private bathrooms,
and separate entrances from a common hall, but where
common facilities for the preparation and consumption of
food are provided, and common lounges, recreation facilities
and other basic housekeeping services as well as medical
care may also be provided,
ii)
the maximum number of beds shall be sixty (60);
iii)
the maximum lot coverage shall be 23% of the total lot area;
iv)
the minimum landscaped open space shall be 50% of the
total lot area;
v)
the minimum required on-site parking shall be one space for
every three (3) beds;
vi)
the minimum westerly interior side yard setback may be
reduced to 3 metres (9.8 ft);
vii)
the minimum front yard setback may be reduced to 7.6
metres (24.9 ft) and no parking shall be permitted within the
front yard; and,
viii)
the maximum building height shall be three (3) storeys.
Notwithstanding their 'RM3' Zoning designation, lands delineated
as 'RM3-6-S' on Schedule 'A' to this By-Law may be used for the
71
purposes of residential apartments and uses accessory thereto in
accordance with the RM3 Zone provisions contained in this ByLaw, excepting however that:
i)
the 'minimum lot area' may be reduced to 828 square metres
(8,912 sq. ft);
ii)
the 'minimum lot frontage' may be reduced to 31 metres
(101.7 ft);
iii)
the 'maximum lot coverage' may be increased to 36%;
iv)
the 'minimum front yard' for a structure existing at the date of
passing of By-Law No. 87-09 may be reduced to 3.0 metres
(9.8 ft);
the 'minimum interior side yard' for a structure existing at the
date of passing of By-Law NO. 87-09 may be reduced to 0.4
metres (1.3 ft); and,
v)
vi)
(g)
the 'minimum rear yard' for structure existing at the date of
passing of By-Law No. 87-09 may be reduced to 2.5 metres
(8.2 ft).
Notwithstanding their 'RM3' zoning designation, those lands
delineated as 'RM3-7' on Schedule 'A' to this By-Law shall only be
used for the purpose of a rest-home and seniors apartment
complex or a seniors apartment complex in compliance with the
'RM3' zone provisions contained in this By-Law provided however
that:
i)
for the purposes of this paragraph a 'Rest-home' shall mean
a residence providing accommodation, primarily for retired
persons or couples, with separate private bathrooms, and
separate entrances from a common hall, but where common
facilities for the preparation and consumption of food are
provided, and common lounges, recreation facilities and
other basic housekeeping services as well as medical care
may also be provided;
ii)
for the purposes of this paragraph 'Seniors Apartments' shall
mean a building consisting of four or more dwelling units
which provide accommodation primarily for retired persons
and which have a common entrance from the street level
and are served by a common corridor, and the occupants of
which have equal right to the use of all common corridors
72
and/or stairs and/or elevators and yards;
h)
iii)
the maximum building height shall not exceed three storeys
or 11.4 metres (37.4 ft), whichever is the lessor;
iv)
the complex shall be used for rest-home units and/or seniors
apartment dwelling units;
v)
the minimum required on-site parking for the apartment units
shall be provided in accordance with Section 6.5.1;
vi)
the minimum required on-site parking for the rest-home units
shall be provided at the rate of 1 space for every three units;
vii)
the minimum visitor parking spaces shall be provided at a
rate of 0.25 spaces per unit;
viii)
the minimum rear yard setback may be reduced to 7.62
metres (25 ft);
ix)
the minimum northerly interior side yard setback may be
reduced to 7.62 metres (25 ft);
x)
the minimum size of a rest-home unit shall be 32.5 square
metres (349.8 sq. ft);
xi)
the maximum density shall not exceed 62.9 units; and,
xii)
the maximum density on the subject lands shall not exceed
64 units based on a ratio of 86 units/hectare (34 units/acre)
and a site area of 7432 square metres (80,000 sq. ft).
Notwithstanding their 'RM3' zoning designation those lands
delineated as RM3-8 on Schedule 'A' to this By-law, may be used
for a 17 unit condominium apartment complex in compliance with
the RM3 zone provisions contained in this By-law provided however
that:
i)
i)
the minimum side yard may be reduced to 6.1 metres (20 ft).
Notwithstanding their 'RM3' zoning designation, those lands
delineated as 'RM3-9' on Schedule 'A' to this By-law shall only be
used for the purposes of an apartment dwelling in accordance with
the RM3 provisions contained in this By-law, excepting however
that:
73
i)
Section 6.5.8 c) of this By-law shall not apply in order to
prevent the location of a parking lot in the front yard, not
closer than 1.25 metres (4.1 ft) to the front lot line.
Municipality of Brockton By-law No. 2004-37 (Hinsperger Condominiums – old „Spool &
Bobbin‟ site)
(j)
Notwithstanding their „RM3‟ zoning designation, those lands delineated as „RM310‟ on Schedule „A‟ to this By-law shall be used in accordance with the Permitted Uses
and Zone Provisions of the „RM3‟ Zone, excepting however, that:
i)
ii)
iii)
iv)
The minimum exterior side yard shall be at least 9.3 metres;
The minimum rear yard setback shall be at least 12.6 metres;
That no formal Play Space for Apartments need be identified, provided
that a similar amount of open space is provided on the property;
Habitable rooms are not permitted below the Regional Storm Flood
elevation for the Saugeen River.
74
8.
COMMERCIAL "C" ZONES
8.1
General Provisions for Commercial Zones
8.1.1 Space for Landscaping
Notwithstanding anything else in this By-Law, where a Commercial Zone
fronts opposite to or abuts a Residential or Open Space Zone, a strip of
land not less than 3 metres (9.8 ft) in width inside and abutting the
Commercial Zone boundary shall not be used for any purpose other than
landscaping, but this shall not prevent the provision of entrances and exits
to the Commercial Area across such strip of land.
8.1.2 Dwelling Unit and Sleeping Accommodation
a)
No dwelling unit or sleeping accommodation shall be permitted in a
Commercial Zone except as specified in each Zone.
b)
No permitted dwelling units shall be located except in any storey
above the first storey.
75
8.2
Local Commercial "C1" Zone
8.2.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a convenience retail establishment;
b)
a personal services shop;
c)
a bank or financial institution;
d)
a business or professional office;
e)
a dry cleaners distribution station;
f)
a dwelling unit in a part of a permitted non-residential use;
g)
an accessory building to any permitted use in accordance with
Section 6.24.
8.2.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
910.0 sq. metres (9,795 sq. ft.)
Minimum lot frontage
20.0 metres (65.6 feet)
Maximum lot coverage
40.0 per cent
Minimum front yard
7.5 metres (24.6 ft)
Minimum interior side yard (a)
Minimum exterior side yard
6.0 metres (19.7 ft)
Minimum rear yard
6.0 metres (19.7 ft) (b)
Minimum distance from
accessory buildings to an:
interior side lot line
1.2 metres (3.9 ft)
76
exterior side lot line
6.0 metres (19.7 ft)
rear lot line
1.2 metres (3.9 ft)
Minimum floor area
65.0 square metres (700
sq ft)
per dwelling unit
Maximum building height
10.0 metres (32.8 ft)
NOTE:
(a)
No minimum side yard shall be required except where the side yard abuts
a Residential or Plan Development Zone, in which case the minimum side
yard shall be 9.0 metres (29.5 ft).
(b)
Where the rear lot line abuts a Residential or Plan Development Zone the
minimum rear yard shall be 9.0 metres (29.5 ft).
8.2.3 Residential Uses
There shall be a maximum of 1 apartment unit for each commercial use.
8.2.4 Open Storage
No open storage of goods or materials will be permitted.
8.2.5 Landscaped Open Space
A minimum of ten percent (10%) of the lot area shall be landscaped. The
3 metres (9.8 ft) strip of land as outlined in Section 8.1.1 may form part of
the required Landscaped Open Space.
8.2.6 Structure on a Lot
A maximum of four (4) commercial uses shall be allowed on any one lot.
8.2.7 Special Provisions
Municipality of Brockton By-law No. 99-33 (Young, Part Lot 73, North side of Cayley
Street, Plan 7)
.1
Notwithstanding their „C1‟ Zoning designation, those lands delineated as „C1-1‟
77
on Schedule “A” to this By-Law may be used for a professional office
incompliance with the „C1‟ zone provisions contained in this By-Law, excepting
however, that:
i)
ii)
iii)
iv)
v)
The „Minimum lot area‟ shall be 510 square metres (5491 square feet);
The „Minimum Rear Yard‟ shall be 4.3 metres (14 feet);
The „Minimum Exterior Side Yard‟ shall be 5.2 metres (17 feet);
The „Minimum Front Yard‟ shall be 4.6 metres (15 feet); and,
The permitted uses are restricted to one dwelling or apartment unit and a
business or professional office.
Municipality of Brockton By-Law 2001-23 (Children‟s Aid Society, Lot 24, 25 and Part
Lots 23, 26 and 27, Reg. Plan 176, Part Lot 27, Plan 473)
.2
Notwithstanding their „C1‟ Zoning designation, those lands delineated as „C1-2‟
on Schedule “A” to this By-law shall be used in accordance with the „C1‟ Zone
provisions contained in this by-law, excepting however, that:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
The „Permitted Uses‟ shall be limited to a „business or professional‟ office
and a „drive-in restaurant‟. The‟ drive-in restaurant‟ shall be no larger than
80.3 square metres in size. The „drive-in restaurant‟ shall cease operation
not later than December 1, 2003 at which time all signs and equipment
shall be removed.
The number of commercial uses as per Section 8.2.6 shall be limited to
one (1) on the lot as of December 1, 2003.
Residential Uses as per Section 8.2.3 shall be prohibited.
The ‟Minimum interior side yard‟ shall be no less than 4.4 metres;
The minimum exterior side yard‟ shall be no less than 7.6 metres;
All entrances to the property from Yonge Street shall be removed no later
than September 2004 and the lot frontage along Yonge Street shall be
landscaped;
All parking fronting located along McGivern Street between the street line
and main building shall be removed no later than September 2004 and the
area shall be landscaped; and
A minimum of 10% of the total lot area shall be landscaped.
78
8.3
Highway Commercial "C2" Zone
8.3.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
an animal hospital;
b)
an automobile washing establishment;
c)
a motel;
d)
a dry cleaning establishment;
e)
a drive-in restaurant;
f)
taxi service;
g)
a funeral home;
h)
a florist;
i)
a convenience retail establishment;
j)
an automotive parts retail outlet and repair shop;
k)
one dwelling unit which is required for the normal operation of any
permitted commercial use and is attached to and forms an integral
part of the commercial use;
l)
a locker for cold storage establishment;
m)
a motor vehicle sales establishment;
n)
a public garage;
o)
a public transportation depot;
p)
a service or repair shop;
q)
an automobile service station and/or gas bar;
r)
a retail nursery;
79
s)
a market gardening produce retail outlet;
t)
a farm implement dealer;
u)
accessory buildings in accordance with Section 6.24.
8.3.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
1,800.0 sq. metres (19,375 sq. ft)
Minimum lot frontage
30.0 metres (98.4 ft)
Maximum lot coverage
40.0 per cent
Minimum front yard
7.5 metres (24.6 ft)
Minimum interior side yard (a)
Minimum exterior yard
7.5 metres (24.6 ft)
Maximum building height
11.0 metres (36.1 ft)
NOTE:
(a)
No interior side yard is required provided that a side yard with a minimum
width of 6 metres (19.7 ft) shall be provided on a lot immediately adjacent
to a Residential or Plan Development Zone.
8.3.3 Regulations for Automobile Service Stations
Notwithstanding anything else in this By-Law, where a lot is used for an
Automobile Service Station or Public Garage, the following special
regulations shall apply:
Interior Lot
Corner Lot
Minimum lot frontage
60.0 metres
(196.9 ft)
60.0 metres
(196.9 ft)
Minimum lot depth
45.0 metres
(147.6 ft)
60.0 metres
(196.9 ft)
80
Minimum front yard
15 metres
(49.2 ft)
15 metres
(49.2 ft)
Minimum rear yard
7.5 metres
(24.6 ft)
7.5 metres
(24.6 ft)
Minimum side yard
6.0 metres
(19.7 ft)
6.0 metres
(19.7 ft)
Minimum exterior side
yard
N.A.
15.0 metres
(49.2 ft)
8.3.4 Special Regulations for Automobile Washing Establishments
Where a lot in a Commercial Zone is used for an automobile washing
establishment, the entrance layout for progressive movement of cars
entering the establishment shall be sufficient to accommodate not less
than fifteen (15) cars outside the building and on the subject lot and the
exit layout shall be sufficient to accommodate not less than five (5) cars
outside the building and on the subject lot.
8.3.5 Open Storage
When a lot or part thereof is used for open storage, the following
standards shall apply:
a)
open storage shall be permitted in the rear yard only;
b)
open storage shall not be permitted within 15 metres (49.2 ft) of a
Residential Zone;
c)
the area to be used for open storage shall be enclosed by a fence
to a height of 1.8 metres (5.9 ft).
8.3.6 Special Provisions
a)
Notwithstanding their C2 zoning designation, the lands delineated
as C2-1 on Schedule 'A' shall only be used for the purpose of a
bank and accessory uses thereto in compliance with the C2 zone
provisions contained in this by-law.
b)
Notwithstanding their C2 zoning designation, the lands delineated
as C2-2 on Schedule 'A' may be used for local commercial uses
81
which provide for the daily needs of the adjacent residential area.
Those uses existing on June 1, 1992 shall also be permitted.
Municipality of Brockton By-law No.2001-60 (Brockton – various locations)
c)
Notwithstanding their „C2‟ Zoning designation, those lands
delineated a „C2-3‟ on Schedule “A” to this By-Law , may be used in
accordance with the‟C2‟ zoning provisions, excepting however, that:
i)
„Permitted Uses‟ shall be limited to a „single family dwelling‟ and
accessory building in accordance with Section 6.24.
Municipality of Brockton By-law 2002-29 (Schkura, Lot 23, Plan 473)
c)
Notwithstanding their „C2‟ Zoning designation, those lands delineated as „C2-3-H‟
on Schedule “A” to this By-law may be used in accordance with the „C2‟ Zoning
provisions excepting however that:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
The Permitted Uses shall be limited to a „Video Outlet/ Rental Shop‟ and a
Dwelling Unit or Sleeping Accommodation for the owner/ manager or
caretaker of the Permitted use may be permitted in the basement or
attached to and forming an integral part of the Permitted Use;
Accessory buildings shall be permitted in accordance with the Residential
policies of Section 6.24;
The‟ Minimum Lot Area‟ shall be no less than 1450.4 square metres
(15,612 square feet);
The ‟Minimum Front Yard‟ shall be no less than 19 metres (62.3 feet);
The Minimum Rear Yard‟ shall be no less than 16 metres (52.5 feet);
The „Minimum Exterior Yard‟ shall be no less than 15 metres (49.2 feet);
The „Minimum Interior Side Yard‟ shall be no less than 11.5 metres (37.7
feet);
The eastern edge of the Park Street driveway / parking area shall be
located no closer than 17 metres (55.8 feet) to Yonge Street; and
A total of five (5) parking spaces [total width of parking to be no less than
14 metres (46 feet)] accessed off Park Street shall be maintained at all
times.
Municipality of Brockton By-Law No. 2008-54 (Spitzig, Lot 23, Plan 373)
c)
Notwithstanding their „C2‟ zoning designation, those lands delineated as „C2-3‟
on Schedule “A” to this by-law, may be used in accordance with the „C2‟ zoning
provisions excepting, however that:
i)
The Permitted Uses shall be limited to a „Financial Services
Establishment‟ and a Dwelling Unit or Sleeping Accommodation for the
82
ii)
iii)
iv)
v)
vi)
vii)
viii)
owner /manager or caretaker or rental unit of the Permitted Use may be
permitted in the basement or attached to and forming an integral part of
the Permitted Use;
Accessory buildings shall be permitted in accordance with the Residential
Policies of Section 6.24;
The „Minimum Lot Area‟ shall be no less than 1450.4 square meters
(15,612 square feet);
The „Minimum Front Yard‟ shall be no less than 19 metres (62.3 feet);
The „Minimum Rear Yard‟ shall be no less than 16 metres (52.5 feet);
The „Minimum Exterior Side Yard‟ shall be no less than 15 metres (49.2
feet);
The „Minimum Interior Side Yard‟ shall be no less than 11.5 metres (37.7
feet);
The eastern edge of the Park Street driveway / parking area shall be
located no closer than 17 metres (955.8 feet) to Yonge Street.
83
8.4
General Commercial "C3" Zone
8.4.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a retail establishment;
b)
a bank or financial institution;
c)
a personal services shop;
d)
a service shop;
e)
a shopping centre;
f)
a hotel;
g)
a motel;
h)
an eating establishment;
i)
an undertaker's establishment;
j)
a business or professional office;
k)
a club, lodge, or place of assembly;
l)
an automobile service and sales garage;
m)
builder's supply;
n)
a clinic;
o)
a commercial or music school;
p)
a dry cleaning establishment and distribution station;
q)
a newspaper office;
r)
a laundry shop;
s)
a monument sale shop;
84
t)
a place of entertainment;
u)
a printing plant;
v)
a public garage;
w)
an automotive gas bar;
x)
one dwelling unit in a part of a permitted use;
y)
apartment units as part of the following uses listed above a), b), c),
d), f), h), j), n), o), p), q), s), u).
z)
an accessory building to any permitted use in accordance with
Section 6.24.
8.4.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
100.0
sq.
metres
(1,076 sq. ft)
Minimum lot frontage
5.2 metres (17 ft)
Minimum front yard
not required
Minimum exterior side yard
not required
Minimum side yard
(a)
Minimum distance from
accessory buildings to an:
interior side lot line
1.2 metres (3.9 ft)
exterior side lot line
6.0 metres (19.7 ft)
rear lot line
1.2 metres (3.9 ft)
Maximum building height
24.0 metres (78.7 ft)
Maximum gross floor area 400.0 per cent
85
as a percentage of lot area
NOTE:
(a)
A side yard is not required when abutting an adjoining lot Zoned C3 along
the interior side yard lot line. Where a side yard is abutting a residential
zone, a 3.0 metre (9.8 ft) planting strip shall be required along the interior
side yard lot line.
8.4.3 Distance From Lot Line
No portion of any building or structure in excess of 13 metres (42.7 ft) in
height shall be located closer to any lot line than thirty percent (30%) of its
height.
8.4.4 Hotels, Motels
Where the exterior wall of a guest room contains a habitable room window
such wall shall be located not closer than 7.5 metres (24.6 ft) to any
interior side or rear lot line.
8.4.5 Automobile Service Stations and Public Garages
In a "C3" zone, where a lot is used for an Automobile Service Station or
Public Garage, the following regulations shall apply:
Minimum lot frontage
38.0 metres (124.7 ft)
Minimum lot depth
38.0 metres (124.7 ft)
Minimum front yard
15.0 metres (49.2 ft)
Minimum rear yard
7.5 metres (24.6 ft)
Minimum interior side yard
6.0 metres (19.7 ft)
Minimum exterior side yard
15.0 metres (49.2 ft)
8.4.6 Dwelling Units in Part of a Permitted Use
Residential dwelling units in a commercial establishment shall comply with
the following requirements:
a)
usable open space shall be provided for the exclusive use of each
dwelling unit in the amount of 18 square metres (193 sq. ft) per
86
dwelling unit.
b)
parking shall be provided in accordance with the provisions of
Section 6.5.
c)
access to dwelling units shall be separate from the access to the
commercial use.
d)
maximum building height shall be 24 metres (78.7 ft).
e)
no dwelling units shall be located except in any storey above the
first storey.
f)
front yard for residential dwelling units shall be a minimum 7.5
metres (24.6 ft).
g)
rear yard for residential dwelling units shall be a minimum 10.5
metres (34.4 ft).
h)
exterior side yard for residential dwelling units shall be half the
height of the building or 10.5 metres (34.4 ft) which ever is greater.
i)
an interior side yard for residential dwelling units shall not be
required unless no access is available to the rear of the building by
a public or private street or lane, then one side yard shall be
provided and have a minimum width of 4 metres (13.1 ft).
j)
no windows of habitable rooms shall face a side lot line which is not
an exterior side lot line.
k)
where a side lot line abuts a Residential Zone, the setback, from
the said side lot line shall be a minimum of 4.5 metres (14.8 ft).
l)
landscaped open space shall be a minimum of 35% of the lot area
and may include a play area.
8.4.7 Special Provisions
a)
Notwithstanding their 'C3' Zoning Designation, where lands are
delineated as 'C3-1' on Schedule 'A' to this By-Law, they may be
used for the purposes of apartment units in part of a hotel, in
addition to those uses normally permitted in the 'C3' Zone, in
accordance with the following:
i)
the minimum floor area per dwelling unit shall be 35 square
87
metres (377 sq. ft);
b)
ii)
Parking spaces shall be provided in accordance with Section
6.5 and shall be set aside and clearly identified as parking
spaces for the sole use of the apartment units.
iii)
For the purposes of this section 'minimum floor area' shall
mean the total floor area contained within the inside walls of
the apartment dwelling excluding public or common halls or
areas, stairways and the thickness of outside walls.
Notwithstanding their 'C3' zoning designation, those lands
delineated as 'C3-2' on Schedule 'A' to this By-Law may be used
for the purposes of a residence for the developmentally
handicapped in addition to those uses normally permitted in the 'C3'
zone, in accordance with the C3 zone provisions contained in this
By-Law excepting however that:
i)
the 'minimum distance from an accessory building to a side
lot line' may be reduced to 0.15 metres (0.5 ft).
Municipality of Brockton By-law No.96-11 (Weber, West half of Lot 51, South of Scott
Street, Plan 7)
(b)
Notwithstanding their „C3-2‟ zoning designation, those lands delineated as „C3-2‟
on Schedule “A” to this By-Law, shall be used in compliance with the „C3‟ zone
provisions contained in this by-law, excepting however, that:
i)
ii)
iii)
A residence for the developmentally handicapped shall be a permitted
use;
A single detached residence in a structure existing at the date of the
passing of this by-law shall be a permitted use; and,
The minimum distance from an accessory building to a side lot line may
be reduced to 0.15 metres (0.5 feet).
88
9.
INDUSTRIAL "M" ZONES
9.1
General Provisions for Industrial Zones
9.1.1 Separation on Lands Adjoining Other Zones
Where an Industrial Zone abuts or is opposite any Residential,
Commercial or Plan Development Zone, the following yard provisions shall
prevail on the yard that abuts or is opposite:
minimum front yard
18.0 metres (59.0 ft)
minimum exterior side yard
18.0 metres (59.0 ft)
minimum interior side yard
6.0 metres (19.7 ft)
minimum rear yard
15.0 metres (49.2 ft)
9.1.2 Use of Front and Exterior Side Yard
No person shall use the front yard of any lot in an Industrial Zone for any
purpose other than for landscaping or the temporary parking of visitors'
private passenger vehicles, provided that no parking shall be permitted in
an area having a depth of 5 metres (16.4 ft), across the entire front yard
and exterior side yard, nearest the street line.
9.1.3 Material to be Used in Construction
No building or structure permitted in an Industrial Zone shall be hereafter
erected or altered, unless the exterior construction thereof is of stone,
brick, reinforced concrete, glass or steel, or a combination of these
materials, or any other suitable material.
9.1.4 Fencing
No fence shall be erected upon any land in an Industrial Zone or any part
thereof unless it is constructed of ornamental wire, iron or wood rail or
post and wire of open construction or of other suitable materials, with or
without brick or stone foundations; and no such fence shall be place
nearer to the street line in the front of the said land than 10 metres (32.8
ft) to the main front wall of the building or buildings erected on the said
land, whichever is less.
89
9.1.5 Quonset Buildings
Notwithstanding anything else in this By-Law, Quonset-type buildings shall
not be permitted as a main building in an Industrial Zone, but shall be
allowed as an accessory building only in the rear yard of said Industrial
Zones.
9.1.6 Noxious Trade
No use shall be permitted which from its nature or the materials used
therein is declared to be a noxious trade, business or manufacture under
The Public Health Act or Regulations thereunder.
9.1.7 Property Abutting Railway
Notwithstanding any other provision of this By-Law to the contrary, where
any lot line or portion thereof abuts a railway right-of-way, no interior side
or rear yard shall be required along that portion of such lot line which so
abuts the railway right-of-way.
9.1.8 Dwelling Unit and Sleeping Accommodation
No dwelling unit shall be permitted in an Industrial Zone. Sleeping
accommodation may be permitted provided that it is required for the
normal operation of a permitted use. Such accommodation may include
provision for security, medical and maintenance personnel.
9.1.9 Industrial Park Holding Zone
Those lands delineated by an Industrial Park Holding Zone ('h-M3' and 'hM4'), or any sub-zone thereof, on Schedule 'A' to this By-Law shall be
used in compliance with the Industrial Park Zoning requirements
contained in this By-Law once the Holding symbol 'h' is removed. In the
interim, only non-intensive agricultural uses and those uses, buildings and
structures legally existing at the date of passing of By-Law No. 87-24 shall
be permitted.
90
9.2
General Industrial "M1" Zone
9.2.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
any manufacturing or industrial use, which is contained within a
wholly enclosed structure and which is not an obnoxious use;
b)
c)
warehousing and storage in wholly enclosed building;
a retail store or service shop if accessory and incidental to a use
permitted in the "M1" Zone on the same lot;
d)
railway tracks for industrial purposes;
e)
an accessory building to a permitted use;
f)
a contractor's or tradesman's shop;
g)
open storage area incidental to a permitted use;
h)
a public garage;
i)
a service or repair shop;
j)
a machinery and equipment establishment for sales, service and
rental;
k)
a painting shop;
l)
a plumbing shop;
m)
a printing or blueprinting establishment;
n)
a sheet metal shop;
o)
a laundry shop;
p)
a warehouse;
q)
a newspaper office;
r)
an egg grading station;
s)
an industrial dairy;
t)
an industrial bakery;
91
u)
a parking lot.
9.2.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
1,300.0 sq. metres (13,994 sq. ft)
Minimum lot frontage
30.0 metres (98 ft)
Maximum lot coverage
60.0 per cent
Minimum front yard
9.0 metres (29.5 ft)
Minimum interior side yard
3.0 metres (9.8 ft)
Minimum exterior side yard
9.0 metres (29.5 ft)
Minimum rear yard
7.5 metres (24.6 ft)
Minimum distance from
accessory buildings to an
interior side lot line
4.5 metres (14.8 ft)
exterior side lot line
12.0 metres (29.4 ft)
rear lot line
4.5 metres (14.8 ft)
Maximum building height
12.0 metres (45.9 ft)(a)
NOTE:
a)
A building height may exceed 12 metres provided that any portion above
12 metres in height must be setback from the abutting lot line in addition
the minimum setback of such lot line's requirement under this by-law, a
further distance of 1 metre by which such portion of the building above a
height of 12 metres.
9.2.3 Open Storage
No storage of goods or materials shall be permitted outside any building
except that the open storage of goods or materials may be permitted to
the rear of the main building provided that:
a)
such open storage is accessory to the use of the main building on
92
the lot;
b)
no storage is located closer than 9 metres (29.5 ft) to any street
line;
c)
any portion of the area used for open storage where it does not
adjoin the outside wall of a building is enclosed by a fence at least
2 metres (6.6 ft) in height from the ground which fence shall be of
permanent masonry, wood and/or plastic construction with a ratio of
voids to solids not greater than fifty percent (50%);
such open storage shall not be located closer than 15 metres (49.2
ft) to any Residential lot line.
d)
9.2.4 Use of Front & Exterior Side Yards
Required front and exterior side yards shall be kept open and
unobstructed by any structure or parking area for motor vehicles except
for visitor parking areas.
9.2.5 Special Provisions
(a)
Notwithstanding the M1-1 Zoning designation, the lands shown as
M1-1 on Schedule "A" of this By-Law shall only be used for parking
purposes and uses accessory thereto in compliance with the M1
zone provisions contained in this By-Law.
(b)
Notwithstanding their 'M1' zoning designation, those lands
delineated as 'M1-2' on Schedule 'A' to this by-law, may be used for
the purposes of a multi-building office complex and/or light
industrial uses, in compliance with the M1 zone provisions
contained in this By-law excepting however that:
(i)
the permitted light industrial uses shall be limited to nonobnoxious uses which are contained within wholly enclosed
structures and which do not involve outside storage.
Municipality of Brockton By-law No. 95-06 (Kenneth G. Frook Sales Inc., Part Lot 45,
Plan 162)
c)
Notwithstanding their „M1‟ Zoning designation, those lands delineated as „M1-3‟
on Schedule “A” to this by-law, shall be used incompliance with the M1 zone
provisions contained in this by-law, excepting however that:
i)
ii)
Commercial office space unrelated to an industrial use may be permitted;
and,
Commercial office space unrelated to an industrial use shall not represent
more than 35 percent (35%) of the gross floor area of an industrial
building, up to a maximum of 5,000 square feet.
93
Municipality of Brockton By-Law No.2007-21 (Fotheringham, Lot 7 and 8, Plan 100)
c)
Notwithstanding their „M1‟ zoning designation, those lands delineated as „M1-3‟
on Schedule “A” to this By-law shall be used in compliance with the „General
Industrial Zone –M1‟ zone provisions contained in this By-Law, excepting
however, that:
i)
A Site Plan Control Agreement shall be registered on title with the property
to the satisfaction of the Municipality of Brockton.
94
9.3
Heavy Industrial "M2" Zone
9.3.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a concrete batching, mixing or products manufacturing plant;
b)
a contractor's yard;
c)
a feed mill;
d)
a flour mill;
e)
a fuel storage tank;
f)
a fuel storage tank supply yard;
g)
a grain elevator;
h)
a lumber yard;
i)
the open storage use of goods or materials if accessory to a
permitted use;
j)
a planing mill;
k)
a trucking and transport depot and warehouse;
l)
a building and construction materials yard;
m)
an automobile and construction materials yard;
n)
a salvage yard;
o)
a parking lot.
9.3.2 Zone Provisions
No building and structure or part thereof shall be erected, altered or used
except in accordance with the following provisions:
Minimum lot area
1910.0 sq. metres (20,560 sq. ft)
Minimum lot frontage
30.0 metres (98 ft)
Maximum lot coverage
60.0 per cent
95
Minimum front yard
9.0 metres (29.5 ft)
Minimum interior side yard
3.0 metres (9.8 ft)
Minimum exterior side yard
9.0 metres (29.5 ft)
Minimum rear yard
7.5 metres (24.6 ft)
Minimum distance from
accessory buildings to an
interior side lot line
4.5 metres (14.8 ft)
exterior side lot line
9.0 metres (29.5 ft)
rear lot line
4.5 metres (14.8 ft)
Maximum building height
12.0 metres (39.4 ft)
9.3.3 Open Storage
Any part of any lot used for a permitted open storage purpose shall be
enclosed within a 2 metre (6.6 ft) high board or chain wire fence.
9.3.4 Use of Front & Exterior Side Yards
Required front and exterior side yards shall be kept open and
unobstructed by any structure or parking area for motor vehicles except
for visitor parking areas.
9.3.5 Special Provisions
96
9.4
Industrial Park "M3" Zone
9.4.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
a manufacturing or industrial use which is contained
within a wholly enclosed building and which is not an obnoxious
use;
b)
warehousing and storage within wholly enclosed buildings;
c)
a wholesale or retail outlet, or business offices accessory and
incidental to a use permitted under paragraphs a) and b) above,
and contained within the same building; and,
d)
buildings, structures and uses accessory to a permitted use on the
same lot.
9.4.2 Zone Provisions
No person shall within the 'M3' Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
a)
the minimum lot frontage shall be 45 metres (147.6 ft) except in the
case of a corner lot, a lot abutting a residential, agricultural, or open
space zone, and a lot abutting a Provincial or County road; in which
case, the minimum lot frontage shall be 53 metres (173.9 ft).
b)
the minimum lot area shall be 4180 square metres (44,133 sq. ft),
except in the case of a corner lot, a lot abutting a residential,
agricultural, or open space zone, and a lot abutting a Provincial or
County road, in which case, the minimum lot area shall be 8128
square metres (87,492 sq. ft).
except as mentioned in this Section all other zone provisions
contained in this by-law for the 'M1' Zone shall also be applicable to
the 'M3' Zone.
c)
9.4.3 Open Storage
No storage of goods or materials shall be permitted outside of any
building. This provision however shall not apply to the parking or storage
of motor vehicles.
9.4.4 Special Provisions
(a)
Notwithstanding their 'M3' zoning designation, those lands zoned
97
as 'M3-1' may be used for the following uses, in addition to those
uses normally permitted in the 'M3' Zone, subject to compliance
with the 'M3' Zone provisions contained in this By-Law:
i)
a farm implement dealer;
ii)
an automotive parts retail outlet and repair shop; and,
iii)
a motor vehicle sales establishment.
Municipality of Brockton By-law No.2001-60 (Brockton, various locations)
(b)
Notwithstanding their „M3‟ Zoning designation, where lands are designated as
„M3-2‟ on Schedule “A” to this By-Law, may be used in accordance with the „M3‟
zoning provisions contained in this By-law, excepting however, that:
i)
„Permitted Uses‟ shall be limited to a „single family dwelling‟ and accessory
building in accordance with Section 6.24.
98
9.5
Industrial Park "M4" Zone
9.5.1 Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
uses permitted by the General Industrial 'M1' Zone, subject to
compliance with the 'M1' Zone provisions contained in this By-Law
unless otherwise specified; and,
b)
uses permitted by the Heavy Industrial 'M2' Zone, subject to
compliance with the 'M2' Zone, subject to compliance with the 'M2'
Zone provisions contained in this By-Law, unless otherwise
specified.
9.5.2 Zone Provisions
Notwithstanding the 'M1' and 'M2' Zone provisions contained in this ByLaw.
a)
b)
the minimum lot frontage for a lot in the 'M4' Zone shall be 45
metres (147.6 ft) except in the case of a corner lot, a lot abutting a
residential, agricultural, or open space zone, and a lot abutting a
Provincial or County road; in which case, the minimum lot frontage
shall be 53 metres (173.9 ft).
the minimum lot area for a lot in the 'M4' Zone shall be 4180 square
metres (44,995 sq. ft), except in the case of a corner lot, a lot
abutting a residential, agricultural, or open space zone, and a lot
abutting a Provincial or County road, in which case, the minimum
lot area shall be 8128 square metres (87,492 sq. ft).
9.5.3 Special Provisions
99
10.
BUSINESS PARK “BP” ZONES
Municipality of Brockton By-law No. 2002-08 (Brockton, Part of Park Lot 48, Plan 162- former
Town of Walkerton) Part Lots 32 to 35, Concession 1NDR – former Township of Brant)
10.1
General Provisions for Business Park Zones
10.1.1 Parking Requirements
Parking Requirements shall be determined as per Section 6.5 – Parking
Requirements
10.1.2 Loading Requirements
Loading requirements shall be determined as per Section 6.6 – Loading
Requirements
10.1.3 Water and Sewer Services
All Business Park uses shall be connected to a municipal water and municipal
sewer system.
10.1.4 Accessory Buildings and Structures
Accessory buildings and structures shall be located in accordance with Section
6.24.
10.1.5 Landscaped Open Space
.1
.2
.3
A minimum of 2 metres of „Landscaped Open Space‟ shall be provided along all
Front and Exterior yards, on all lots, excepting a driveway, and no parking shall
be permitted within this „Landscaped Open Space‟.
A minimum of 1.2 metres of „Landscaped Open Space‟ shall be provided along
all interior and rear yards on all lots, excepting a driveway or where linked
parking/driveway is utilized, and no parking shall be permitted within this
„Landscaped Open Space‟.
A minimum of 3 metres of „Landscaped Open Space‟ shall be provided along all
rear yards which abut County Road # 9 or County Road 19.
10.1.6 Buffer Planting Area
.1
.2
.3
.4
A Buffer Planting Area shall be provided where the Interior Side Lot Line or Rear
Lot Line of a lot abuts any rlot used, zone or designated for residential purposes
or planned development.
A required Buffer Planting Area shall consist of a dense screen of shrubs and/or
evergreen trees, planted or designed in such a manner as to provide a year
round visual barrier.
A Buffer Planting Area shall have a minimum width of three metres (10 ft).
The required Buffer Planting Area shall be a minimum height of 1 metre (3 ft)
when planted and of a type that will attain a minimum height of 2 metres (6.6 ft)
at maturity to the lot line and the remainder of the ground surface shall be
planted with any combination of shrubs, flower beds or grass.
100
.5
.6
Where interrupted by walkways or driveways, a Buffer Planting Area shall not be
provided closer than 1.5 metres (5 ft) to a walkway or 3 metres (10 ft) to a
driveway.
Where required on a street corner of a corner lot, a Buffer Planting Area shall be
located in such a way as not to form an obstruction to traffic and as required by
the sight visibility triangles required by this By-Law.
10.1.7 Open Storage & Outdoor Display Areas
.1
.2
Open storage, including the storage of trucks and trailers, shall be allowed to the
side and rear of buildings and structures provided that:
a) Such storage areas are not permitted in any required minimum yards;
b) The storage is visually screened from all public thoroughfares; and,
c) All storage is related to the business or industry on the site.
Outside display areas may be allowed in the front, exterior or rear yard provided
that:
a)
The Outside Display Areas are not permitted in any required minimum
yards
b)
The items displayed in the Outside Display Areas are related to the
business or industry on the site; and
c)
The Outside Display Areas shall not inhibit visibility triangles nor occupy
space required for Landscaped Open Space or Buffer Planting Areas.
10.1.8 County Road Setbacks
No building or structure, accessory building or structure, or Open Storage and Outdoor
Display Area shall be erected within a distance of 33 metres (108 ft) of the centre line of
County Road # 4 or County Road # 19.
10.1.9 Driveways – BP1 –Large Format Retail and Highway Commercial
Joint Driveways shall be utilized wherever possible and linked parking areas are
encouraged.
10.1.10
Multiple Buildings on One Lot
More than one building or structure shall be permitted on a lot provided that all other
provisions of this by-law are adhered to.
10.1.11
Offices Accessory to a Permitted Use
A business office(s) serving the principle use(s) on a lot shall be permitted.
101
10.2
10.2.1
Business Park „BP1‟ Zone
Permitted Uses
No person shall within any BP1 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following BP1 uses, namely:
i)
ii)
Residential Uses
- Prohibited
Non-Residential Uses
BP1 – Large Format
Commercial
- Business or professional
office
- Office centre
- Funeral home
- Retail, large format
- Service shop, light
- supermarket
BP1 – Highway Commercial
BP1 – Light Industrial
-
-
-
-
Automobile car wash
Automobile gas bar
Automobile repair
establishment
Automobile sales
establishment
Automobile service
station
Building supply and
sales
Bus depot
Convenience store
Farm implement
establishment
Garden centre
Hotel
Marine, recreation
and small engine
establishments
Motel
Place of
entertainment
Restaurant
Restaurant, take-out
Travel trailer sales
establishment
102
-
-
-
Commercial motor
vehicle repair
establishment
Commercial motor
vehicle sales
establishment
Commercial school
or college
Computer / data
processing centre
Contractor‟s yard
Industry, light
Public garage
Research
establishment/
laboratory
Trades person‟s
shop
Transportation depot
Warehouse
Warehouse, mini
storage
Rental establishment
Veterinary clinic
10.2.2.1 Zone Requirements
No person shall within any BP1 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions.
PROVISIONS
BP1 – Large Format
Commercial
BP1 – Highway
Commercial
BP1 – Light
Industrial
Minimum Lot Area
Not applicable
Not applicable
Minimum Lot
Frontage
Minimum Front &
Exterior Yard
Minimum Interior
Side yard
15 metres (50 ft)
15 metres (50 ft)
2023.4 sq m
(21,780 sq ft)
30 metres (100 ft)
6 metres (20 ft)
6 metres (20 ft)
12 metres (40 ft)
4 metres ab (13 ft)
on one side and 1.2
metres ab on the
other
6 metres ab (20 ft)
4 metres ab (13 ft)
on one side and 1.2
metres ab on the
other
6 metres ab (20 ft)
4 metres ab (13 ft)
on one side and 1.2
metres ab on the
other
6 metres ab (20 ft)
See footnote „c‟
Not applicable
See footnote „d‟
75%
75%
75%
Minimum Rear
Yard
Minimum Gross
Floor Area
(building)
Maximum Lot
Coverage
Footnotes:
a)
Notwithstanding the above setback provisions, when any Interior Side
yard or Rear Yard abuts a Planned Development, Residential zone or
residential use, the minimum yard depth shall be 7.5 metres (25 ft).
b)
When any portion of a main building is greater than 12 metres (40 ft) in
height, the Minimum Interior Side Yard and Minimum Rear Yard setbacks
shall be increased by 0.5 metres (1.6 ft) for every metre over 12 metres
(40 ft).
c)
The „minimum gross floor area‟ for all „BP1 – Large Format Commercial‟
buildings or structures shall be no less than 278.7 square metres (3,000
square feet) except for a „business or professional office‟ use which shall
be no less than 376.6 square metres (4,000 square feet).
d)
When located in a „Single Use, Self-Contained‟ building / structure, the
„minimum gross floor area‟ shall be no less than 278.7 square metres
(3,000 square feet). If located in an „Industrial Mall‟ the minimum gross
floor area of the building or structure shall be no less than 371.6 square
metres (4,000 square feet) with no single unit smaller than 92.9 square
metres (1,000 square feet) in gross floor area.
103
10.2.3
Additional Provisions – Automobile Gas Bars & Automobile Repair
Establishments
.1
Minimum setbacks for gasoline pumps, natural gas and/or propane facilities
All gasoline pumps, natural gas and/or propane facilities shall be setback a minimum of
7.5 metres (25 ft) from the curbing of the pump island to any lot line.
.2
Entry Ramps
Notwithstanding the provisions of any other section, there shall be no more than one
entry ramp for each 15 metres (50 ft) of street frontage and the width of any entry ramp
shall not exceed 9 metres (30 ft) at the street line.
.3
Surfacing
The surfaces of all ramps, driveways, or service areas and off-street loading areas shall
be surfaced with a capped, hard top substance such as asphalt, or other stable surface
treated to prevent the seepage of any spilled fuel and/or other potential hazardous
materials.
10.2.3
Special Provisions
104
10.3
Business Park „BP2‟ Zone
The purpose of the „BP2‟ zone is to provide for manufacturing, assembling and
fabricating activities including large scale or specialized operations whose external
effects are likely to be felt to some degree by surrounding land uses. In addition, those
uses having a well-known nuisance potential are to be permitted only within this zone.
10.3.1
Permitted Uses
i)
Residential Uses
- Prohibited
ii)
Non-Residential Uses
-
BP2 – Heavy Industrial
Light industrial uses in accordance with the provisions of Business Park 1 (BP1)
zone
Bulk fuel depot
Bulk sales establishment – agricultural
Commercial motor vehicle repair establishment
Commercial motor vehicle sales establishment
Factory sales outlet
Industrial use
Public garage
Public utility building
Recycling centre
Recycling depot
Veterinary clinic, large animal
10.3.2
Zone Requirements
No person shall within any BP2 Zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions.
PROVISIONS
Minimum Lot Area
Minimum Lot Frontage
Minimum Front & Exterior
Yard
Minimum Interior Side Yard
BP1 Light Industrial
In accordance with the
zone provisions of the BP1
Light Industrial Zone
BP2 Heavy Industrial
Not applicable
30 metres (100 feet)
12 metresa (40 ft)
4 metres abc (13 ft)on one
side and 1.2 metres abc (4
ft) on the other
7.5 metres ab (25 ft)
75%
Minimum Rear Yard
Maximum Lot Coverage
Footnotes:
a)
Notwithstanding the above setback provisions, when any Interior Side
yard or Rear yard abuts a Planning Development, Residential zone or
105
residential use, the minimum yard depth shall be increased by 9 metres
(30 ft)
10.3.3
b)
When any portion of a main building is greater than 12 metres (40 ft) in
height, the Minimum Interior Side yard and Minimum Rear Yard setbacks
shall be increased by 1 metre (3 ft) for every metre over 12 metres (40 ft).
c)
For a „Bulk Fuel Depot‟ the Minimum Interior Side Yard for all fuel storage
areas and/or pumps shall be no less than 7.5 metres (25 feet).
Additional Provisions – Bulk Fuel Depot and All outside fuel
storage / re-fuelling areas
.1
Surfacing
The surfaces of all ramps, driveways, service areas and off-street loading areas for a
„Bulk-Fuel Depot‟ or an area used for fuel storage and/or re-fuelling shall be surface with
a capped, hard top substance such as asphalt, or other stable surface treated to
prevent the seepage of any spilled fuel and/or other potential hazardous materials.
10.3.4
Special Provisions
106
By-Law No.92-35, as amended being the Comprehensive Zoning By-Law for the
Town of Walkerton, is hereby amended by adding the following definitions to
SECTION 10 ONLY. These definitions shall apply only to Permitted Uses in the
Business Park 1 (BP1) and Business Park 2 (BP2) zones only:
“AUTOMOBILE CAR WASH” means a building or structure or lot used solely for the
washing and cleaning of motor vehicles and shall not include any other automobile use
defined in this By-Law.
“AUTOMOBILE GAS BAR” means a lot containing not more than eight fuel/propane
pumps and may include a structure or not greater than 18.5 square metres (199 square
feet) used for the sale of fuel but shall not include any other automobile use defined in
this By-law.
“AUTOMOBILE REPAIR ESTABLISHMENT” means a building and/or lot used for the
servicing, repair, polishing and greasing of „motor vehicles‟ and may include motor
vehicle body repair and painting, the sale of automotive accessories and related
products and the leasing or renting of „motor vehicles‟, but shall not include any other
automobile use defined in this By-Law.
„AUTOMOBILE SALES ESTABLISHMENT” means a building and/or lot used for the
display and sale of new or used „motor vehicles‟ and may include the servicing, repair,
polishing, oiling and greasing of motor vehicles, the sale of automotive accessories and
related products and the leasing or renting of „motor vehicles‟, but shall not include any
other automobile use defined in this By-law.
„AUTOMOBILE SERVICE STATION‟ means a building and/or lot used for the servicing,
repair, polishing, oiling and greasing of „motor vehicles‟ and may include motor vehicle
body repair, painting, the sale of automotive accessories and related products and the
leasing or renting of motor vehicles‟, and an „Automobile Gas Bar‟ shall not include any
other automobile use defined in this By-law.
„BUILDING SUPPLY AND SALES ESTABLISHMENT‟ means the use of land, building
or structure for the sale, storage and/or display of goods, merchandise or equipment
use in building and construction but does not include the sale of appliances, audiovisual equipment, home furnishings or furniture or a „Hardware Store‟.
„BULK FUEL DEPOT‟ means the use of land, buildings or structures for the storage and
distribution of fuels, gases ,oils, and wood and may include as an accessory use a
commercial card/key lock facility but shall not include any other use defined in this Bylaw.
„BULK SALES ESTABLISHMENT – AGRICULTURAL‟ means the use of land, structure
or building for the purposes of buying, selling, storing, grading and handling of seed,
feed, fertilizer or other agricultural products in bulk quantities, together with scales and a
sales/administration office for such products.
„BUSINESS OR PROFESSIONAL OFFICE‟ means any building or part thereof in which
107
one or more persons are employed in the management, direction or conducting of an
agency, business, brokerage, or labour organization and includes a bank or trust
company, post office, and a government office but shall not include a „retail store‟ or any
other use herein defined.
„BUS DEPOT‟ shall mean the use of land, buildings or structures where commercial
motor vehicles pick up and discharge fare paying passengers, and may include as an
accessory use a ticket office, a restaurant, luggage checking and/or parcel shipping
facilities, and offices accessory to the main use, but does not include the display or sale
of any automobile or commercial motor vehicle.
„COMMERCIAL MOTOR VEHICLE‟ means a vehicle having a gross weight or
registered gross weight of more than 4500 kilograms, or a bus capable of carrying more
than 10 passengers but shall not include an ambulance, a fire apparatus, a hearse, a
motor home, travel trailers or a vehicle commonly known as a tow truck.
„COMMERCIAL MOTOR VEHICLE REPAIR ESTABLISHMENT‟ means a building
and/or lot used for the servicing, repair, cleaning, washing, polishing and greasing of
commercial motor vehicles and „truck-trailers‟ and may include body repair, welding and
painting but shall not include any other automobile use defined in this By-law.
„COMMERCIAL MOTOR VEHICLE SALES ESTABILSHMENT‟ means a building and/or
lot used for the display and sale of new or used „commercial motor vehicles‟ and „trucktrailers‟ and may include the servicing, repair, cleaning, washing, polishing and greasing
of commercial motor vehicles and truck-trailers, the sale of commercial motor vehicle
and truck-trailer accessories and related products and the leasing of commercial motor
vehicles and truck-trailers, but shall not include any other automobile use defined in this
By-law.
„COMPUTER/ DATA PROCESSING CENTRE‟ means a building or part of a building
used for the input, processing and printing of computerized data or engaged primarily in
service transactions electronically or through a communication medium and without
limiting the generality of the foregoing, may include such establishments as credit card
information centres, virtual banking services, on-line services and telephone solicitation
services, but shall not include any walk-in or off-the-street traffic or any retail or
manufacturing of goods for sales.
„COMMERCIAL SCHOOL OR COLLEGE‟ means a place of instruction but does not
include a public school, separate school or private school as identified under the Public
School Act.
„CONTRACTOR‟S YARD‟ shall mean a lot, building or structure used by a construction
company or contractor as a depot for the storage and maintenance of equipment used
by the company or contractor but does not include the wholesale or retail sale of
construction materials or supplies, home improvement supplies or a „Tradesperson‟s
Shop‟.
„CONVENIENCE STORE‟ shall mean an establishment not exceeding 140 square
metres of gross floor area in which articles for sale are restricted to a limited range of
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primarily food items such as milk, bread, soft drinks, ice cream, canned and bottled
goods, snacks and candy, frozen meat, and to complement such items may include the
limited sale of magazines, toiletries, and tobacco products.
„FACTORY SALES OUTLET‟ means an accessory use to an industrial use in which the
goods, wares, or merchandise manufactured on the premises are offered for sale.
„FARM IMPLEMENT ESTBLISHMENT‟ shall mean the use of land buildings or
structures for the sale of, storage or repair of new or used agricultural equipment and
machinery directly associated with the operation of a farm and may include as an
accessory use the display, sale, storage, servicing, and repair of snowmobiles, ATV‟s
small engines, and lawn care equipment and related products but does not include any
other use(s) defined herein.
„FITNESS CENTRE‟ means a building in which facilities are provided for recreational
athletic activities including but not limited to body-building and exercise classes, and
may include associated facilities such as a sauna, swimming pool and solarium.
„FUNERAL HOME‟ means a commercial use for the purpose of furnishing funeral
supplies and services to the public and includes facilities for the preparation of dead
human bodies for interment or cremation.
„GARDEN CENTRE‟ means a place where trees, shrubs or plants are grown or stored
for the purpose of transplanting for the use as stocks for building or grafting or for the
purpose of retail or wholesale together with the sale of soil, planting materials, fertilizers
or similar materials, lawn and garden equipment, or lawn furnishings.
„GROSS FLOOR AREA‟ means in the case of a dwelling, the aggregate of all habitable
rooms from the exterior walls, but excluding any detached accessory buildings, a
breezeway, unenclosed sunroom, porch and/or verandah, attic, cellar or basement. In
the case of a building other than a dwelling shall mean the aggregate of the area of all
floors devoted to retail sales, customer service and/or office use, ,manufacturing, and
warehousing measured from the outside face of exterior walls but shall not include
mezzanine areas, mechanical rooms, common walls, stairwells, garbage and electrical
rooms, parking structures and similar uses ancillary to the main use.
„HARDWARE STORE‟ means a retail establishment in which is provided the indoor sale
of hardware and home maintenance and improvement supplies including tools, paints,
varnishes, wall coverings, window components, finished and semi-finished lumber
products, plumbing supplies, garden supplies and cleaning materials but does not
include a „Building Supply & Sales Establishment‟.
„HOTEL‟ means a building or structure used mainly for the purposes of catering to the
needs of the travelling public by furnishing sleeping accommodation with no cooking
facilities in any individual room or suite of rooms, of not less than ten guest rooms, and
may include a „restaurant‟ and permanent staff quarters, but does not include any other
establishment otherwise defined or classified in this By-law.
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„INDUSTRY, LIGHT‟ means the use of land, buildings or structures for the purpose of
an „Industrial use‟ which is wholly enclosed within a building or structure, except for
parking and loading facilities and outside storage accessory to the permitted uses, and
which in its operation does not result in emission from the building or odours, smoke,
dust, gas, fumes, noise, cinder, vibrations, heat, glare or electrical interference.
„INDUSTRIAL USE‟ means the use of land, buildings or structures for the purpose of
manufacturing, producing, grading, eleaning, washing, compounding, processing,
packaging, crating, bottling, packing, making, preparing, inspecting, ornamenting,
finishing, treating, altering or assembling of raw or semi-processed or fully processed
goods or materials as distinguished from the buying and selling of commodities and the
supplying of personal services or any other use herein defined.
„LANDSCAPED OPEN SPACE‟ means the area of a lot which is at grade and used for
the growth and maintenance of grass, flowers, trees, shrubbery, natural vegetation and
indigenous species and other landscaping and including any buffer strip, surfaced walk,
surface patio, swimming pool or similar area.
„MARINE, RECREATION AND SAMLL ENGINE ESTABLISHMENTS‟ shall mean a
building and/or lot used for the display, sale, storage, servicing, repair, cleaning,
polishing and lubricating of boats, motorcycles, snowmobiles, ATV‟s , lawn care
equipment, marine engines and related products, or the leasing or renting of any of the
above.
„MOTEL‟ means one or more buildings used primarily for the purpose of catering to the
travelling public by furnishing temporary or transient sleeping accommodation in rooms
having independent entrances to a front or rear yard. A motel may include permanent
staff quarters, an accessory „restaurant‟, or sleeping and housekeeping units, but does
not include any other establishments otherwise defined in this By-law. For the purposes
of this Section:
(a)
(b)
„HOUSEKEEPING UNIT‟ means a unit for the overnight accommodation
of the travelling public which may include sanitary and food preparation
facilities.
„SLEEPING UNIT‟ means a unit for the overnight accommodation of the
travelling public, but does not include food preparation facilities.
„OPEN STORAGE‟ means the storage of goods, merchandise or equipment in the open
air and in unenclosed portions of buildings which are open to the air on the sides.
„PLACE OF ENTERTAINMENT‟ means a motion picture or other theatre, billiard or pool
room, bowling alley, arcade establishment, but does not include any place of
entertainment or amusement otherwise defined or classified in this By-law.
„PUBLIC GARAGE‟ shall mean a lot, building or structure used by a county, municipal,
provincial or „public utility‟ for the storage and servicing of „public utility‟ equipment,
vehicles, road construction and maintenance equipment, outdoor storage of utility poles,
wire, road construction materials and other assorted materials and may include an
110
administration office and fuel pumps.
„RECYCLING CENTRE‟ means a facility that is not a „salvage yard‟ and in which
recoverable resources such as newspapers, glassware and metal cans, are collected,
stored, flattened, crushed or bundled to be taken to another site for processing.
„RECYCLING DEPOT‟ means a building or structure or lot used for temporary storage
of recyclable materials but does not include a „recycling centre‟ or „processing plant‟.
„RENTAL ESTABLISHMENT‟ means a lot, building or structure where equipment
generally used for residential, commercial and industrial construction and maintenance
and/or vehicles such as automobiles, motorcycles, snowmobiles, boats, etc. are offered
for rent or lease.
„RESEARCH ESTABLISHMENT / LABORATORY‟ means a building or structure in
which are located facilities for scientific research, investigation, testing or
experimentation, but not facilities for the manufacture or sale of products, except as
incidental to the main purpose of the laboratory.
„RESTAURANT‟
a)
„Restaurant‟ means a building or structure or part thereof used to prepare food
and offer for sale an sell food for immediate consumption within the building or
structure, or adjacent patio and may include a take-out restaurant and tavern.
b)
„Take-Out Restaurant‟ means a building or structure or part thereof where food is
prepared and offered for sale to the public to be taken out for immediate
consumption on an adjacent patio, delivered, or for consumption off the
premises.
„RETAIL LARGE FORMAT‟ means the use of a building, structure or a portion thereof
for the sale or display or merchandise to the public and includes the storage of
merchandise on or about the premises in quantities sufficient only to supply the
establishment provided the building or structure in which the use in contained exceeds a
gross floor area of 278.7 square metres (3,000 square feet)( and does not include any
establishment otherwise defined or classified in this By-law.
„SERVICE SHOP, LIGHT‟ shall mean a lot, building or structure use for the servicing or
repairing of household goods and articles of furniture, radios, satellite systems,
televisions, small appliances, home security systems, and sale are accessory to the
main service or repair use but shall not include a use as otherwise defined in this ByLaw.
„SINGLE USE, SELF-CONTAINED‟ means a building or structure held in single
ownership, devoted exclusively to one principle use and where one individual occupant
is identifiable as the sole occupant or user of the building.
„SUPERMARKET‟ means a large format retail establishment which is used for the
111
retailing of grocery needs and may include a dry cleaning establishment, florist,
pharmacy, photo finishing place and catalogue outlet.
„TRADES PERSON‟S SHOP‟ shall mean an individual employed in the building trades
construction industry, including bricklayers and stonemasons; carpenters and joiners;
electricians; lathers; painters; decorators and paper hangers; plasterers; plumbers and
steamfitters; sheet metal workers; general contractors; flooring and carpet layers or
home decorators or other the like which provides an installation services but does not
include the wholesale or retail sale of construction materials or supplies, home
improvement supplies or a „Personal Service Shop‟; „Service Shop, Light‟; „Contractor‟s
Yard‟, or „Retail Store‟.
„TRANSPORT DEPOT‟ means a building , structure or place where trucks or tractor
trailers are rented, leased, kept for hire, or stored or parked for remuneration, or from
which trucks or transports, stored or parked on the property, are dispatched for hire as
common carriers and may includes as an accessory use a commercial card / key lock
facility.
„TRAVEL TRAILER SALES ESTABLISHMENT‟ means a building, structure or lot used
for the display and sale of travel trailers and includes the sale of accessory items for
travel trailers and the servicing or repair of said travel trailers.
„TRACTOR TRAILER‟ means any type of trailer vehicle that is hauled by commercial
motor vehicle and is used primarily for the transportation of equipment and goods and
for which a permit has been issued under vehicle permit legislation including, a single or
multi-axle semi-trailer where part of the load is carried on the heavy truck by means of
the upper and lower coupler assembly and a full load bearing trailer.
„VETERINARY CLINIC, LARGE ANIMAL‟ means a facility for the medical care and
treatment of livestock, domestic and other animals and includes provision for their
overnight accommodation and includes kennels, outdoor pens, runs or enclosures.
„VETERINARY CLINIC‟ means a facility for the medical care and treatment of domestic
animals and includes provision for their overnight accommodation but does not include
kennels, outdoor pens, runs or enclosures.
„WAREHOUSE‟ shall means lands, buildings or part of a building used for the storage
and distribution of goods, wares, merchandise, substances or articles and may include
a transport depot.
„WAREHOUSE, MINI-STORAGE‟ shall mean a building designed for the rental of
separate storage areas usually with individualized external access for storage of
personal property. Outdoor storage shall be permitted in accordance with the
provisions of the applicable zone.
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11.
PLAN DEVELOPMENT "PD" ZONE (*Renumbered – New Section 10 was
added)
11.1
Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
Residential Use
an existing single family detached dwelling
b)
Other Uses
an existing non-residential use
a public utility
a use or a building accessory to a permitted use
11.2
Zone Provisions
No building and structure or part thereof shall be erected, altered or
used except in accordance with the following provisions:
Minimum distance from
accessory buildings to an:
interior side lot line
1.8 metres (5.9 ft)
exterior side lot line
0.6 metres (2 ft)
rear lot line
0.6 metres (2 ft)
Maximum building height
11.3
10.0 metres (32.8 ft)
Special Provisions
113
12.
PUBLIC USE "O" ZONE
12.1
Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
12.2
a)
a government or municipal building;
b)
a school, day nursery, or day care centre;
c)
a church;
d)
a public library, art gallery, museum, community centre, live theatre;
e)
a hospital;
f)
residences for the retarded;
g)
cemetery;
h)
arena or stadium;
i)
a nursing home;
j)
fraternal lodge, association or institutional hall;
k)
a tuck shop; and,
l)
an accessory building to a permitted use in accordance with
Section 6.24.
m)
assembly hall
Zone Provisions
No building and structure or part thereof shall be erected, altered or
used except in accordance with the following provisions:
Maximum lot coverage
30.0 per cent
Minimum front yard
7.5 metres (24.6 ft)
Minimum interior side yard
6.0 metres (19.7 ft)
Minimum exterior side yard
7.5 metres (24.6 ft)
Minimum rear yard
7.5 metres (24.6 ft)
114
Minimum distance from
accessory buildings to an
interior side lot line
1.5 metres (4.9 ft)
exterior side lot line
12.0 metres (39.4 ft)
rear lot line
1.5 metres (4.9 ft)
Maximum building height
12.3
12.5 metres (41.0 ft)
Dwelling Accommodation
No dwelling unit shall be permitted in any Public Use "O" Zone except:
12.4
a)
a dwelling unit for clergy accessory to a church;
b)
a nurses' or interns' dwelling unit in connection with a hospital;
c)
a boarding dwelling unit in connection with a school or association
for retarded children.
Special Provisions
a)
b)
Notwithstanding their 'O' Zoning designation, where lands are
delineated as 'O-1' on Schedule "A" to this By-Law, shall only be
used for the purposes of a church and uses accessory thereto in
accordance with the "O" Zone provisions contained in this By-Law
excepting however that:
i)
the minimum lot frontage shall be 82 metres (272 ft);
ii)
the minimum lot area shall be 8296 square metres (89,343
sq. ft);
iii)
no parking spaces shall be located within the required front
yard set back.
Notwithstanding their 'O' Zoning designation, lands delineated as
'O-2' on Schedule "A" to this By-Law, shall only be used for the
purposes of a church parking lot in accordance with the 'O' Zone
provisions contained in this By-Law excepting however that:
i)
the minimum lot frontage shall be 16.8 metres (55 ft);
ii)
the minimum lot area shall be 1257 square metres (13,534
sq. ft).
115
c)
Notwithstanding their 'O' zoning designation, those lands delineated
as 'O-3' on Schedule 'A' to this By-law may be used for the
purposes of a weekly farmer's market, community trade shows,
exhibitions, auctions, Agricultural Society activities and an
amusement midway in addition to uses normally permitted in the 'O'
zone, in accordance with the 'O' zone provisions contained in this
By-law.
Municipality of Brockton By-law No. 2002-47 (Brockton Firehall, Part Lots 47, 48, 49 50
and 54, Plan7; Lot 51, 52 and 53, Plan 7;p Lot 79, 80, 81 & 82, Plan7; Part Lot 83, Plan
7; closed portion of Robinson Street; and Part Park Lot „P‟, Plan 162)
.4
Notwithstanding their „O‟ Zoning designation, those lands delineated as „O-4-H‟
on Schedule “A” to this By-Law shall be used in accordance with the „O‟ zoning
provisions excepting however that:
i)
The „Permitted Uses‟ shall be limited to a „fire hall‟.
116
13.
PARK "G" ZONE
13.1
Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
13.2
a)
a public park, playground, playing field;
b)
a bowling green, tennis court, swimming pool, open air skating rink,
lacrosse box;
c)
parking lot;
d)
an accessory building to a permitted use in accordance with
Section 6.24.
Zone Provisions
No building and structure or part thereof shall be erected, altered or
used except in accordance with the following provisions:
Maximum lot coverage
10.0 per cent
Minimum front yard
7.5 metres (24.6 ft)
Minimum interior side yard
7.5 metres (24.6 ft)
Minimum exterior side yard
7.5 metres (24.6 ft)
Minimum rear yard
7.5 metres (24.6 ft)
Minimum distance from
accessory buildings to an
interior side lot line
1.5 metres (4.9 ft)
exterior side lot line
1.5 metres (4.9 ft)
rear lot line
1.5 metres (4.9 ft)
Maximum building height
13.3
11.0 metres (36.1 ft)
Special Provisions
Municipality of Brockton By-Law No. 2003-45 (Cunningham / Zettler / Brockton, Lots 1727, 30-35 and Part of Lots 15, 16,28 and 36 and Part of Frank Street Plan 195 (Part 1
on 3R-5614) and Part of Park Lot 47, Plan 162 (Part 1 on 3R-7721, Cunningham Road)
117
.1
Notwithstanding their „G‟ zoning designation, those lands delineated as „G-1‟ on
Schedule „A‟ to this By-Law shall be used for public park purposes in accordance
with the „G‟ Zone permitted uses and provisions in this By-Law, excepting
however that:
i)
the park shall be limited to passive recreation and shall not include
any community centres, bleachers, swimming pools, bandstands, skating
rinks, camping area, arenas, golf courses, bowling green, tennis courts or
lacrosse box.
118
14.
ENVIRONMENTAL PROTECTION "EP" ZONE
14.1
Permitted Uses
No building or part thereof and no land shall be used for purposes other
than:
a)
agricultural and forestry uses, saving and excepting the erection of
buildings and structures;
b)
recreational uses;
-
c)
14.2
natural outdoor rinks
athletic fields
picnic area
golf course
ski slopes
snowmobile trails
riding trails
conservation or park
nature trails
game preserve
outdoor in-ground swimming pool
parking lot in conjunction with a permitted recreational use
erosion or flood control projects which are approved by the Town of
Walkerton and the Saugeen Valley Conservation Authority.
Special Provisions
a)
Notwithstanding their 'EP' zoning designation those lands
delineated as 'EP-1' on Schedule 'A' to this By-law shall only be
used in accordance with the 'EP' Zone provisions contained in this
By-law, excepting however that:
i)
private indoor/outdoor swimming pool uses shall not be
permitted.
119
15.
SILVER CREEK "S" ZONE
Where lands are shown on schedule 'A' with any of the zone symbols described
in Section 6.1 of this By-law followed by the Silver Creek Zone symbol 'S' (e.g.
R1-S), such lands may be used in accordance with the zone symbol preceding
the 'S' and shall be flood proofed to the satisfaction of the Saugeen Valley
Conservation Authority in accordance with Revised Regulation of Ontario No.
178/80 and Revised Regulation of Ontario No. 349/85, as amended from time to
time, to ensure that building openings are located above the elevation of the
Regional Storm flood level at the building location. For the purposes of this
section, the elevation of the Regional Storm flood level shall be as detailed in
Drawing No.5 Walkerton Floodline, of the Town of Walkerton Flood Control and
Policy Study - Saugeen Valley Conservation Authority, dated August, 1982. The
above regulations and maps are all on file at the office of the Saugeen Valley
Conservation Authority and the Regional Office of the Ministry of Natural
Resources in London, Ontario.
The provisions of this section do not apply to minor additions or extensions to
buildings existing at the date of passing of By-law No. 87-30.
120
16.
ENACTMENT
16.1
Repeal of Existing By-law
From the coming into force of this By-law, By-law 84-41, passed under
Section 34 of the Planning Act, R.S.O. 1983 or a predecessor thereof,
shall be deemed to have been repealed except to the extent that any of
the said by-laws prohibits the use of any land, building or structure for a
purpose that is also prohibited by this By-law.
Notwithstanding the above, By-law 84-41 shall remain in effect, in as
much as it regulates the following properties as recognized on the
Schedule 'A':
-
Lots 4 to 13, Plan 3M-150
Parts 2, 3 & 5, Reference Plan 3R-4473, Part of Park Lot M,
Plan 162
Lots 81, 82 & 83, Plan 7
Part of Lot 33, Concession 1, N.D.R., Town of Walkerton
Registered Plan 791, Part Lot 11 and Registered Plan 84,
Part Lot 11
-
16.2
Effective Date
This By-law shall come into force on the date it is passed by Council subject to
the provisions of The Planning Act, 1983.
READ A FIRST & SECOND TIME THIS 21st DAY OF DECEMBER1992.
MOVED BY “David Mullen”
MAYOR
“J. W. Bolden”
CLERK
“Richard W. Radford”
SECONDED BY “Richard Mullen”
READ A THIRD TIME & FINALLY PASSED THIS 21st DAY OF DECEMBER1992.
MOVED BY
“David Mullen”
SECONDED BY
MAYOR
“J. W. Bolden”
CLERK
“Richard W. Radford”
“Richard Mullen”
121