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18-22 - Comprehensive Zoning By-law Zoning By-law No. 18-22 Township of Malahide TABLE OF CONTENTS 1.0 INTERPRETATION AND ADMINISTRATION 1.1 LANDS AFFECTED 1.2 TITLE 1.3SCOPE .................................................................................................................................................................... 3 1.4INTERPRETATION ............................................................................................................................................. 3 1.5MEASUREMENTS ............................................................................................................................................... 3 1.6LICENCES AND PERMITS ................................................................................................................................. 4 1.7CONSERVATION AUTHORITIES .................................................................................................................... 4 1.8REMEDIES ............................................................................................................................................................ 4 1.9APPLICATION OF OTHER LEGISLATION .................................................................................................... 4 1.10VALIDITY.............................................................................................................................................................. 5 2.0DEFINITIONS ....................................................................................................................................................... 6 3.0ZONES AND ZONE MAPS ................................................................................................................................ 35 3.1ESTABLISHMENT OF ZONES ........................................................................................................................ 35 3.2USE OF ZONE SYMBOLS ................................................................................................................................. 35 3.3HOLDING SYMBOLS ........................................................................................................................................ 36 3.4COMPOUND ZONES ......................................................................................................................................... 37 3.5MULTIPLE ZONES ............................................................................................................................................ 37 3.6SPECIAL USE REGULATIONS ........................................................................................................................ 37 3.7- ZONES .................................................................................................................................. 37 3.8INTERPRETATION OF ZONE BOUNDARIES .............................................................................................. 38 4.0GENERAL REGULATIONS ............................................................................................................................. 39 4.1ACCESSORY USES, BUILDINGS AND STRUCTURES ............................................................................... 39 4.2BED AND BREAKFAST ESTABLISHMENTS ............................................................................................... 39 4.3BUFFER STRIPS AND FENCES ....................................................................................................................... 39 4.4BUILDING AND STRUCTURE PROJECTIONS ............................................................................................ 39 4.5CONSTRUCTION USES .................................................................................................................................... 40 4.6ELECTRICITY GENERATION FACILITIES AND TRANSMISSION AND DISTRIBUTION SYSTEMS ............................................................................................................................... 40 4.7ENTRANCE REGULATIONS ........................................................................................................................... 40 4.8ESTABLISHED BUILDING LINE ON STREETS OR ROADS ..................................................................... 40 4.9EXISTING LOTS ................................................................................................................................................. 41 4.10EXPROPRIATIONS AND DEDICATIONS ..................................................................................................... 41 4.11GROUP HOMES ................................................................................................................................................. 42 4.12HALFWAY HOUSES .......................................................................................................................................... 42 4.13HAZARD LANDS ................................................................................................................................................ 42 4.14HEIGHT EXCEPTIONS ..................................................................................................................................... 42 4.15LOADING SPACE REGULATIONS ................................................................................................................ 42 4.15.1Required Loading Spaces .............................................................................................................................. 42 4.15.2Dimensions of Loading Spaces ..................................................................................................................... 43 4.15.3Location of Loading Spaces .......................................................................................................................... 43 4.15.4Yards Where Permitted ................................................................................................................................. 43 4.15.5Access To Loading Spaces ............................................................................................................................ 43 4.15.6Surface And Drainage Of Loading Spaces And Driveways .......................................................................... 43 4.15.7Addition To Existing Use .............................................................................................................................. 44 4.15.8Exemption For GC Zones ............................................................................................................................. 44 4.16MODEL HOMES ................................................................................................................................................. 44 Township of Malahide Zoning By-Law April, 2018 i 4.17MUNICIPAL DRAINS AND NATURAL WATERCOURSES ........................................................................ 44 4.18NON-COMPLYING BUILDINGS AND STRUCTURES ................................................................................ 45 4.19NON-CONFORMING USES .............................................................................................................................. 45 4.20OIL AND GAS WELLS ....................................................................................................................................... 45 4.21OUTDOOR FURNACES .................................................................................................................................... 45 4.22PARKING REGULATIONS............................................................................................................................... 46 4.22.1Required Parking Spaces ............................................................................................................................... 46 4.22.2Accessible Parking Spaces ............................................................................................................................ 47 4.22.3Location ........................................................................................................................................................ 47 4.22.4Dimensions of Parking Spaces ...................................................................................................................... 48 4.22.5Additions to Existing Uses ............................................................................................................................ 48 4.22.6Calculation of Required Parking Spaces ....................................................................................................... 48 4.22.7Parking Regulations In Residential Zones .................................................................................................... 48 4.23PROHIBITED USES ........................................................................................................................................... 49 4.24PUBLIC USES ...................................................................................................................................................... 50 4.25RESIDENTIAL DRIVEWAYS........................................................................................................................... 51 4.26SATELLITE DISHES.......................................................................................................................................... 51 4.27SCHOOL BUS HUTS OR SHELTERS .............................................................................................................. 51 4.28SECOND DWELLING UNITS ........................................................................................................................... 51 4.29SETBACKS FROM COUNTY ROADS ............................................................................................................. 53 4.30SETBACKS FROM RAILWAYS ....................................................................................................................... 53 4.31SEWAGE TREATMENT PLANTS AND WASTE DISPOSAL SITES .......................................................... 53 4.32SHIPPING CONTAINERS ................................................................................................................................. 53 4.33SIGHT VISIBILITY TRIANGLES .................................................................................................................... 54 4.34SWIMMING POOLS AND TENNIS COURTS ................................................................................................ 54 4.35WAYSIDE PITS AND QUARRIES, PORTABLE ASPHALT PLANTS, PORTABLE CONCRETE PLANT 54 4.36YARD ENCROACHMENTS AND OBSTRUCTIONS .................................................................................... 54 5.0AGRICULTURAL ZONES ................................................................................................................................ 56 GENERAL AGRICULTURAL (A1) ZONE ..................................................................................................................... 56 SPECIAL AGRICULTURAL (A2) ZONE ........................................................................................................................ 56 LARGE LOT AGRICULTURAL (A3) ZONE .................................................................................................................. 56 SMALL LOT AGRICULTURAL (A4) ZONE .................................................................................................................. 56 5.1PERMITTED USES, BUILDINGS AND STRUCTURES ................................................................................ 57 5.1.1Main Uses, Buildings and Structures ................................................................................................................. 57 5.2GENERAL USE REGULATIONS ..................................................................................................................... 57 5.2.1Standards ............................................................................................................................................................ 57 5.3SPECIAL USE REGULATIONS ........................................................................................................................ 58 5.3.1Accessory Buildings and Structures................................................................................................................... 58 5.3.2Livestock Buildings and Structures and Manure Storage Facilities for Livestock Minimum Distance Separation (MDS II) Formulae......................................................................................................................................... 59 5.3.3Dog Kennels ...................................................................................................................................................... 59 5.3.4Home Occupations ............................................................................................................................................. 59 5.3.5Secondary Farm Occupations ............................................................................................................................ 60 5.3.6Single Unit Dwellings Minimum Distance Separation (MDS I) Formulae .................................................... 60 5.4GENERAL AGRICULTURAL (A1) ZONE - ZONES ..................................................... 60 5.5SPECIAL AGRICULTURAL (A2) ZONE - ZONES ....................................................... 64 5.6LARGE LOT AGRICULTURAL (A3) ZONE - ZONES ................................................. 65 5.7SMALL LOT AGRICULTURAL (A4) ZONE - ZONES ................................................. 66 6.0RESIDENTIAL ZONES ...................................................................................................................................... 69 VILLAGE RESIDENTIAL ONE (VR1) ZONE ................................................................................................................ 69 VILLAGE RESIDENTIAL TWO (VR2) ZONE ............................................................................................................... 69 HAMLET RESIDENTIAL (HR) ZONE ........................................................................................................................... 69 MOBILE HOME PARK (MH) ZONE ............................................................................................................................... 69 6.1PERMITTED USES, BUILDINGS AND STRUCTURES ................................................................................ 70 6.1.1Main Uses, Buildings and Structures ................................................................................................................. 70 6.2GENERAL USE REGULATIONS ..................................................................................................................... 70 Township of Malahide Zoning By-Law April, 2018 ii 6.2.1Standards ............................................................................................................................................................ 70 6.3SPECIAL USE REGULATIONS ........................................................................................................................ 72 6.3.1Municipal Services............................................................................................................................................. 72 6.3.2Accessory Buildings and Structures................................................................................................................... 72 6.3.3Accessory Buildings in the Rural Residential (RR) Zone .................................................................................. 72 6.3.4Home Occupations ............................................................................................................................................. 72 6.3.5Single Unit Dwellings Minimum Distance Separation (MDS I)..................................................................... 73 6.4VILLAGE RESIDENTIAL ONE (VR1) ZONE - ZONES ............................................... 73 6.5VILLAGE RESIDENTIAL TWO (VR2) ZONE - ZONES .............................................. 74 6.6HAMLET RESIDENTIAL (HR) ZONE - ZONES ........................................................... 74 6.7RURAL RESIDENTIAL (RR) ZONE ITE- ZONES ............................................................... 75 6.8MOBILE HOME PARK (MH) ZONE - ZONES .............................................................. 75 7.0COMMERCIAL ZONES .................................................................................................................................... 76 GENERAL COMMERCIAL (GC) ZONE ........................................................................................................................ 76 HAMLET COMMERCIAL (HC) ZONE .......................................................................................................................... 76 RURAL COMMERCIAL (RC) ZONE .............................................................................................................................. 76 HIGHWAY COMMERCIAL (HWC) ZONE ................................................................................................................... 76 LOCAL COMMERCIAL (LC) ZONE .............................................................................................................................. 76 7.1PERMITTED USES, BUILDINGS AND STRUCTURES ................................................................................ 77 7.1.1Main Uses, Buildings and Structures ................................................................................................................. 77 7.2GENERAL USE REGULATIONS ..................................................................................................................... 78 7.2.1Standards ............................................................................................................................................................ 78 7.3SPECIAL USE REGULATIONS ........................................................................................................................ 79 7.3.1Accessory Buildings and Structures................................................................................................................... 79 7.3.2Convenience Retail Stores ................................................................................................................................. 79 7.3.3Dwelling Units General Commercial (GC) Zone ........................................................................................... 79 7.3.4Front Yard Depth - General Commercial (GC) Zone ........................................................................................ 80 7.3.5Gatehouses and Kiosks ..................................................................................................................................... 80 7.3.6Existing Single Unit Dwellings .......................................................................................................................... 80 7.3.7Outside Storage .................................................................................................................................................. 80 7.3.8Minimum Lot Area Drive-through Restaurants .............................................................................................. 80 7.3.9Minimum Lot Frontage Drive-through Restaurants 30 m ............................................................................ 80 7.4GENERAL COMMERCIAL (GC) ZONE - ZONES ....................................................... 80 7.5HAMLET COMMERCIAL (HC) ZONE - ZONES ......................................................... 81 7.6RURAL COMMERCIAL (RC) ZONE - ZONES ............................................................. 81 7.7LOCAL COMMERCIAL (LC) ZONE - ZONES ............................................................. 86 8.0INDUSTRIAL ZONES ........................................................................................................................................ 87 GENERAL INDUSTRIAL (M1) ZONE ............................................................................................................................ 87 RURAL INDUSTRIAL (M2) ZONE .................................................................................................................................. 87 FARM INDUSTRIAL (M3) ZONE .................................................................................................................................... 87 EXTRACTIVE INDUSTRIAL (M4) ZONE..................................................................................................................... 87 8.1PERMITTED USES, BUILDINGS AND STRUCTURES ................................................................................ 88 8.1.1Main Uses Buildings and Structures .................................................................................................................. 88 8.2GENERAL USE REGULATIONS ..................................................................................................................... 89 8.2.1Standards ............................................................................................................................................................ 89 8.3SPECIAL USE REGULATIONS ........................................................................................................................ 89 8.3.1Accessory Buildings and Structures................................................................................................................... 89 8.3.2Buffer Strip ........................................................................................................................................................ 89 8.3.3Dwelling Units ................................................................................................................................................... 90 8.3.4Gatehouses and Kiosks ...................................................................................................................................... 90 8.3.5Factory Outlet .................................................................................................................................................... 90 8.3.6Minimum Setbacks Extractive Industrial (M4) Zone...................................................................................... 90 8.3.7Outside Storage .................................................................................................................................................. 91 8.4GENERAL INDUSTRIAL (M1) ZONE - ZONES ........................................................... 91 8.5RURAL INDUSTRIAL (M2) ZONE - ZONES ................................................................. 91 8.6FARM INDUSTRIAL (M3) ZONE - ZONES ................................................................... 95 Township of Malahide Zoning By-Law April, 2018 iii 8.7EXTRACTIVE INDUSTRIAL (M4) ZONE -SP ZONES ..................................................... 95 9.0INSTITUTIONAL, OPEN SPACE & PUBLIC UTILITY ZONES ................................................................ 96 INSTITUTIONAL (I) ZONE .............................................................................................................................................. 96 OPEN SPACE (OS) ZONE ................................................................................................................................................. 96 PUBLIC UTILITY (U) ZONE ............................................................................................................................................ 96 9.1PERMITTED USES, BUILDINGS AND STRUCTURES ................................................................................ 96 9.1.1Main Uses, Buildings and Structures ................................................................................................................. 96 9.2GENERAL USE REGULATIONS ..................................................................................................................... 97 9.2.1Standards ............................................................................................................................................................ 97 9.3SPECIAL USE REGULATIONS ........................................................................................................................ 98 9.3.1 Accessory Buildings and Structures ................................................................................................................... 98 9.3.2 Dwelling Units ................................................................................................................................................... 99 9.3.4 Gatehouses and Kiosks ....................................................................................................................................... 99 9.3.5 Single Unit Dwellings as an Accessory Use ....................................................................................................... 99 9.4INSTITUTIONAL (I) ZONE - ZONES ............................................................................. 99 9.5OPEN SPACE (OS) ZONE - ZONES .............................................................................. 100 9.6PUBLIC UTILITY (U) ZONE - ZONES ......................................................................... 101 10.0ENACTMENT .................................................................................................................................................... 102 10.1CONFLICT WITH OTHER BY-LAWS .......................................................................................................... 102 10.2REPEAL OF EXISTING BY-LAWS ............................................................................................................... 102 10.3MINOR VARIANCES AND PERMISSIONS ................................................................................................. 102 10.4SEVERABILITY ............................................................................................................................................... 102 10.5EFFECTIVE DATE ........................................................................................................................................... 102 LIST OF SCHEDULES RURAL AREA AVON LYONS SPRINGFIELD KINGSMILL CORNERS ORWELL TALBOT WEST DINGLE STREET SUMMERS CORNERS S SOUTH GORE LUTON MOUNT SALEM SCHED CALTON COPENHAGEN PORT BRUCE Township of Malahide Zoning By-Law April, 2018 iv PURPOSE AND EFFECT BY-LAW NO. 18-22 TOWNSHIP OF MALAHIDE COMPREHENSIVE ZONING BY-LAW By-law No. 18-22 of the Township of Malahide is a comprehensive zoning by-law passed by Council on April 5, 2018 pursuant to Section 34 of the Planning Act, R.S.O., 1990 as amended or revised from time to time. The By-law regulates the use of land and the character, location and use of buildings and structures throughout the Municipality. It divides the Municipality into a number of specific land use zones. For each zone, the permitted uses and the regulations governing these uses (namely, the siting and size of buildings and structures) are listed. If a use is not specifically permitted by the By-law, it is deemed to be prohibited with the exception of certain public uses. If the existing use of a property is not listed as a permitted use and does not qualify as a public use, then the use is a non-conforming or an illegal use depending upon when it was established. Non-conforming uses legally established on the day of the passing of this By-law are protected and allowed to continue. Expansions to enlarge or extend non-conforming uses, however, require public notice and the approval of the Municipality. The zone maps or schedules which form part of the By-law identify individual properties and the zoning which applies to them. Regulations which apply to more than one land use zone or throughout the Municipality regardless of how lands are zoned are contained in a separate section, entitled General Regulations. Amongst other more specific changes, the new Zoning By-law contains up-dated and revised definitions, new standards for development, new and revised land use zones and improved mapping. In addition, the By-law implements various provisions of thUnder the provisions of the Planning Act, the Zoning By-law must be consistent with the Provincial Policy Statement and must conform to the County of Elgin Official Plan and the Township of Malahide Official Plan. Township of Malahide Zoning By-Law April, 2018 1 The By-law does not exempt any person or corporation from having to comply with the requirements of the Ontario Building Code, the Catfish Creek Conservation Authority, the Kettle Creek Conservation Authority or the Long Point Region Conservation Authority. It also does not exempt any person or corporation from having to comply with other by-laws of the Municipality or from obtaining any necessary or required license, permit or approvals from any other authority or public agency having jurisdiction in the Township. Amendments may be made at any time to the Zoning By-law in response to development proposals, requests for changes in land use and other planning issues that may arise. The Official Plan establishes the basis for evaluating and adopting such amendments. Depending on the nature of the proposed amendment, surrounding property owners or residents of the Municipality as-a-whole are notified and given an opportunity to express their support of, or opposition to, the proposed amendment. This By-law replaces By-law No. 05-27, being the Township of Malahide Zoning By-law adopted on April 25, 2005, and all amendments thereto. Minor variances granted to By-law No. 05-27, however, continue to remain in effect. In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of the Municipality. Township of Malahide Zoning By-Law April, 2018 2 1.0 INTERPRETATION AND ADMINISTRATION 1.1 TITLE This By-Township of Malahide Zoning By- 1.2 LANDS AFFECTED The provisions of this By-law shall apply to all land within the corporate limits of the Township as now or hereafter legally constituted. 1.3 SCOPE No land shall be used, no lot shall be altered, and no buildings or structures shall be erected, altered, or used within the Township except in conformity with this By-law. 1.4 INTERPRETATION Unless specified otherwise, the following shall apply throughout this By-law: a) the particular shall supersede the general; b) where a term or phrase is defined in general terms herein, it shall not be construed to mean any other term or phrase which is more specifically defined herein unless it is specifically stated otherwise; c) if a use is not listed as a permitted use, it is deemed to be prohibited with the exception of public uses as stipulated herein; d) t e) unless the contrary intention specifically appears otherwise, words imparting the singular number or the masculine gender only shall include more persons, parties, or things of the same kind than one, and females as well as males, and the converse; f) a t or portion thereof; g) any Act, Regulation or Publication of a public authority referred to herein shall include any predecessor thereof, any amendments or revisions made thereto or any subsequent Act, Regulation or Publication enacted in place thereof; h) changes in road names and modifications to lot fabric, including the addition of new lots, shall be reflected in subsequent consolidated versions of this document and an amendment to the Zoning By-law shall not be required to reflect said modifications; i) text shown in italics found at the introduction to Section 5 through Section 9 inclusive to this By-law is provided for descriptive and convenience purposes only and shall not comprise part of the By-law. 1.5 MEASUREMENTS All standards of measurement applied in this By-law shall be subject to the normal rules of rounding numbers, within the degree of precision specified by the number of digits following the Township of Malahide Zoning By-Law April, 2018 3 decimal point, if any, so that: a) for a whole number, measurements of less than 0.5 shall be rounded downward to the next whole unit; b) for a whole number, measurements of 0.5 and greater shall be rounded upward to the next whole unit; c) for a number having one decimal place, measurements of less than 0.05 shall be rounded downward to the next one-tenth unit; d) for a number having one decimal place, measurements of 0.05 and greater shall be rounded upward to the next one-tenth unit; and e) for numbers expressed as a ratio or as a percentage, rounding shall not be applied. 1.6 LICENCES AND PERMITS No municipal permit, certificate, or license shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is not in compliance with this By-law. 1.7 CONSERVATION AUTHORITIES Where lands lie within an area regulated by the Catfish Creek Conservation Authority pursuant to Ontario Regulation 146/06, the Kettle Creek Conservation Authority pursuant to Ontario Regulation 181/06, or the Long Point Region Conservation Authority pursuant to Ontario Regulation 178/06, no building permit shall be issued by the Township for a building or structure in compliance with this By-law without permission having first been given by the Authority having jurisdiction. 1.8 REMEDIES Where any building or structure is or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or structure is, or is proposed to be used, in contravention of this By-law, the same may be restrained by an action of any person or of the Township under the Planning Act or the Municipal Act. Where a person or corporation, guilty of an offense under this By-law has been directed to remedy any violation and is in default of doing any matter or thing required, such matter or thing shall be done at his or its expense. Where a person or corporation has refused or neglected to reimburse the Township for the cost of such work, thing or matter done, the same may be recovered by the Township in like manner as taxes. 1.9 APPLICATION OF OTHER LEGISLATION Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of the Ontario Building Code or any other by-law of the Municipality in force from time to time or the obligation to obtain any license, permit, authority or approval required by the Municipality or any other public authority or body and without limiting the generality of the forgoing, shall include the Catfish Creek Conservation Authority, the Kettle Creek Conservation Authority, the Long Point Region Conservation Authority and the Ministry of Transportation in the following circumstances: Township of Malahide Zoning By-Law April, 2018 4 a) where lands lie within an area regulated by the Catfish Creek Conservation Authority pursuant to Ontario Regulation 146/06, the Kettle Creek Conservation Authority pursuant to Ontario Regulation 181/06, or the Long Point Region Conservation Authority pursuant to Ontario Regulation 178/06 as shown on the Zone Maps, no use shall be established and no building or structure shall be erected without permission having first being given by the authority having jurisdiction. b) where lands lie within the permit control area established by the Ministry of Transportation adjacent to Highway No. 3 pursuant to the Public Transportation and Improvement Act, no use shall be established and no building or structure shall be erected without a permit having first being issued by the Ministry. 1.10 VALIDITY Should any section, clause or regulation of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of this By-law shall not be affected. Township of Malahide Zoning By-Law April, 2018 5 2.0 DEFINITIONS For the purposes of this By-law, the definitions herein shall govern. 2.1 ABATTOIR shall mean a building erected, used or intended for the slaughtering of animals for the purposes of processing meat into food for human consumption and/or where meat products are produced, processed, handled, sold or stored. 2.2 ACCESSORY when used to describe a use, building, or structure shall mean a use, building, or structure that is: a) incidental, subordinate and exclusively devoted to a main permitted use, building or structure; b) located on the same lot as the main permitted use, building or structure; c) unless specified otherwise in this By-law, not used for human habitation. 2.3 ADULT ENTERTAINMENT ESTABLISHMENT shall mean a building or structure erected, used or intended for use in the pursuance of any trade, calling, business or occupation, for the purpose of a live performance, exhibition or activity designed to appeal to erotic or sexual appetites or inclinations, a principal feature or characteristic of which is the nudity or partial nudity of any person, and in respect of which the word nude, naked, topless, bottomless or sexy, or any other word, picture, symbol or representation having like meaning or implication is used on a sign advertisement or advertisement device and, without limiting the generality of the foregoing, includes any performance, exhibition or activity involving striptease dancers, go-go dancers, exotic dancers, wet clothing contests or best body parts contests and additionally includes a body rub parlour but not a massage therapy establishment. 2.4 AGRICULTURAL SALES ESTABLISHMENT shall mean the use of land, buildings or structures for the purposes of the sale of goods, materials or services that support or are otherwise associated with agricultural uses including, but not limited to, the sale, processing and storage of feed, fertilizer and chemical products. 2.5 AGRICULTURAL USE shall mean the cultivation of land, the production of crops and the processing and selling of such products and the breeding, care, raising and keeping of livestock and the selling of such livestock or the products of such livestock and, without limiting the generality of the foregoing, includes apiaries, aquaculture, greenhouses, fish hatcheries, fur farming, market gardening, rabbitries, sod farming, production of maple syrup and the raising and the harvesting of bush, field, tree or vine crops. Township of Malahide Zoning By-Law April, 2018 6 2.6 AGRICULTURAL USE, RESTRICTED shall mean an agricultural use with the exception of the breeding, raising and care of livestock governed by the Nutrient Management Act and regulations pursuant thereto; fur farming and mushroom farming. 2.7 AGRI-TOURISM USE shall mean the use of land, buildings or structures in agricultural zones for purposes that promote the enjoyment, education or participation in activities related to agriculture or the farm operation. 2.8 ALTER shall mean, when used in reference to a building or structure, to change any one or more of the internal or external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof, and when used in reference to a lot, shall mean to change the width, depth, or area thereof or to change the frontage, depth, or area of any required yard, setback, or parking area, or to change the location of any boundary of such lot with respect to a road, whether such alteration is made by conveyance or alienation of any portion of the said lot or otherwise. 2.9 ANIMAL CLINIC shall mean a building erected, used or intended for, use by a veterinarian and his assistants for the purpose of providing for the care and treatment of pets raised or housed for recreational or hobby purposes, and, without limiting the generality of the foregoing, includes dogs, cats, and birds but does not include livestock. 2.10 ANIMAL HOSPITAL shall mean a building erected, used or intended for use by a veterinarian and his assistants for the purpose of providing for the care and treatment of livestock and may include an animal clinic. 2.11 ANIMAL KENNEL shall mean the use of land, buildings or structures or combination thereof within which four (4) or more domesticated animals, other than poultry, more than four (4) months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment. 2.12 ART GALLERY shall mean a building erected, used or intended for the public display of works of art such as paintings, sculpture, pottery, glass and weaving. 2.13 ATTACHED shall mean a building otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with an adjacent building or buildings. Township of Malahide Zoning By-Law April, 2018 7 2.14 AUCTION SALES ESTABLISHMENT shall mean the use of land, buildings or structures for the retail sale of articles or goods to the members of the public bidding the highest offer for the article or goods during the sale proceedings. 2.15 BAKE SHOP shall mean a building where bakery products are offered for sale, some or all of which may be prepared on the premises. 2.16 BALCONY shall mean a stage or platform, other than a stoop, projecting from the main wall of a building and accessible only from inside such building. 2.17 BANQUET HALL shall mean a privately owned and operated building designed, used or intended for use as a meeting place by the public for which rental charges are paid, and may include associated dining rooms and beverage rooms but does not include a club or restaurant as defined elsewhere in this By-law. 2.18 BASEMENT shall mean that portion of a building partly underground, but having less than one-half (1/2) its clear height below the average lot grade. 2.19 BED & BREAKFAST ESTABLISHMENT shall mean a single unit detached dwelling in which rooms are made available by the person or persons occupying the said dwelling for the accommodation of the travelling or vacationing public and within which meals may be offered. 2.20 BOARDING HOUSE OR ROOMING HOUSE shall mean a dwelling, in which the proprietor resides and supplies lodging for hire or gain to more than two (2) persons and may include the provision of meals to such persons. 2.21 BUFFER STRIP shall mean an area used for no other purpose than the planting of a continuous row of trees or an un-pierced hedgerow of natural evergreens or shrubs, not less than 1.2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereof, along with such planting strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds, man-made landscape materials or a combination thereof and may also contain a closed board, picket or chain-linked fence which is a minimum of 1.2 metres high. 2.22 BUILDING shall mean a structure, whether temporary or permanent, erected, used or intended for sheltering any use or occupancy and consisting of a wall, roof and floor, or any one or more of these, or a structural system serving the functions thereof, including all the works, fixtures and Township of Malahide Zoning By-Law April, 2018 8 service systems appurtenant thereto, but shall not include a boundary wall, fence, travel trailer, camping trailer, truck camper, motor home or tent. 2.23 BUILDING LINE shall mean a line within a lot drawn parallel to a lot line which establishes the minimum distance between the lot line and building or structure which may be erected. Where the lot line is a curve, the building line shall be a line drawn parallel to the chord of the arc constituting the lot line. 2.24 BUILDING SUPPLY OUTLET shall mean the use of land, buildings or structures or combination thereof for the storage, milling and sale of a broad range of building materials, tools and related items. 2.25 BULK SALES ESTABLISHMENT shall mean the use of land, buildings or structures for the purpose of buying, selling, and storing fuel oil, wood, lumber, building materials or similar bulk commodities but excludes any manufacturing, assembling or processing of these commodities. 2.26 BUSINESS OR PROFESSIONAL OFFICE shall mean a building erected, used or intended for the management, direction or conducting of an agency, business, profession, labour or fraternal organization but excludes such uses as retail trade; the manufacturing, assembly or storage of goods; or places of assembly and amusement. 2.27 BUTCHER SHOP shall mean a retail store for keeping or preparing fresh or cured meat for sale by retail but shall not include premises where only pre-packaged meat or meat products are offered for sale. 2.28 CABIN shall mean a building designed, used or intended primarily for sleeping purposes but not including kitchen facilities and usually associated with a campground or trailer park, church camp and similar outdoor uses. 2.29 CAMPGROUND OR TRAILER PARK shall mean the use of land for seasonal recreational activity as grounds for the camping or parking of tents, motor homes, travel trailers, park models or truck campers but not mobile homes and consisting of at least five (5) camping sites. 2.30 CAR WASH shall mean a building erected, used or intended for the installation and operation of automatic or semi-automatic equipment for the washing of motor vehicles, machinery and equipment. Township of Malahide Zoning By-Law April, 2018 9 2.31 shall mean a building in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises or to take-out. 2.32 CELLAR refer to the definition of BASEMENT. 2.33 CEMETERY shall mean the use of land, buildings, or structures or combinations thereof for the interment of the deceased or in which human bodies have been buried and may include a crematorium, mausoleum and a columbarium. 2.34 CLINIC shall mean a building, other than a hospital, used by medical doctors, dentists, optometrists, podiatrists, chiropractors and/or drugless practitioners, the practice of health discipline, radiological technicians, registered psychologists and their staff for the purpose of public or private medical, surgical, physiotherapeutic or human health and may include administrative offices, waiting rooms, treatment rooms, laboratories, ophthalmic dispensers, pharmacies, blood donor facilities, specimen collection centres and dispensaries directly associated with the facility, but does not include overnight accommodation or operating rooms. 2.35 CLUB shall mean a building erected, used or intended for use as a meeting place for the members of an organization, association, fraternal order or similar group, not operated for profit and wherein athletic facilities, banquet facilities, dining rooms and beverage rooms may be provided. 2.36 COMMERCIAL FISHING OPERATION shall mean an establishment involved in the harvest and processing of marine life, for the purpose of retail or wholesale trade, and shall include all buildings and structures associated with such operation. 2.37 COMMERCIAL GREENHOUSE shall mean the use of land, buildings or structures or combination thereof where fruits, vegetables, flowers, trees, shrubs or plants are produced by controlled temperature and/or humidity for the purpose of selling such products, and which may include a garden centre as a commercial accessory use. 2.38 COMMERCIAL USE shall mean the use of land, buildings or structures or combination thereof for the purposes of buying and/or selling commodities and supplying services for profit or intended for profit. Township of Malahide Zoning By-Law April, 2018 10 2.39 COMMUNITY CENTRE shall mean a building erected, used or intended for community activities and not for commercial purposes, the control of which is vested in the Township, a local board or trustees. 2.40 COMMUNITY GARDEN shall mean a clearly defined space on a lot, open and accessible to the general public, for the purposes of the growing and harvesting of fruits and vegetables, but does not include the retail sale of such produce. 2.41 CONSERVATION AREA shall mean lands owned by a conservation authority, which may or may not be open to the public, for the protection, maintenance and enhancement of the natural environment including soil, water, vegetation and wildlife. 2.42 CONSERVATION AUTHORITY shall mean the Catfish Creek Conservation Authority, the Kettle Creek Conservation Authority or the Long Point Region Conservation Authority. 2.43 shall mean the use of land, buildings or structures or combination thereof for use by any building trade or other construction or service contractor for the purpose of: a) storing equipment, vehicles, or materials and may include construction and heavy equipment and commercial motor vehicles but not including derelict motor vehicles; or b) performing shop work or assembly; or c) the base of operations for persons who are employed by or associated with the business, including the assembly or rally of such persons for transportation to a work site off the premises. 2.44 COUNTY shall mean The Corporation of the County of Elgin. 2.45 CUSTOM WORKSHOP shall mean a building, or portion thereof, where goods are produced to special order and sold on the premises, but shall not include a building or structure where the manufacture of goods is performed on a mass production or assembly line basis. 2.46 DAY CARE FACILITY shall mean a premises that receives more than five persons who are not of common parentage, primarily for the purpose of providing temporary care or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four hours. Care may be provided for children, seniors and/or persons with disabilities. Township of Malahide Zoning By-Law April, 2018 11 2.47 DEAD STOCK DEPOT/TRANSFER STATION shall mean the use of land, buildings or structures for the purposes of the collection, storage and disposal of dead farm animals in accordance with the Dead Animal Disposal Act and regulations thereto. 2.48 DECK shall mean a structure made of wood, concrete or other material projecting from a building or freestanding, open to the sky, and intended for the purpose of outdoor dining, lounging and other similar accessory uses. 2.49 DOG POUND shall mean the use of land, buildings or structures or combination thereof, for the purpose of impounding dogs pursuant to a by-law of the Township, and where such dogs are kept for a minimum redemption period as defined in the Animals for Research Act. 2.50 DOMESTICATED ANIMAL shall mean a of the foregoing, may include dogs, cats, rodents such as gerbils, hamsters, fancy rats, and guinea pigs; avian pets, such as canaries, parakeets, pigeons and parrots; reptile pets such as turtles, lizards and snakes; and aquatic pets such as tropical fish, salamanders and frogs but shall exclude exotic animals and livestock as defined herein. 2.51 DRIVEWAY shall mean a private passageway for a motor vehicle, having at least one end thereof connected to a road, and providing the principal means of vehicular access to a lot. 2.52 DRY CLEANING ESTABLISHMENT shall mean a building erected, used or intended for dry cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is carried on and in which only non-flammable solvents are used which emit no odours or fumes, and in which no noise or vibration causes a nuisance within or outside the premises. 2.53 DWELLING shall mean a building, occupied or capable of being occupied exclusively as a home, residence or sleeping place by one or more persons and shall include a factory-built modular dwelling designed and constructed in accordance with the specifications of the Canadian Standards Association CAN/CSA-A277 but shall not include living quarters for a caretaker, watchman, or other person or persons which are accessory to a non-residential building or structure. 2.54 DWELLING UNIT shall mean one or more habitable rooms occupied or capable of being occupied by a person or household as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such person or household, with a private Township of Malahide Zoning By-Law April, 2018 12 and secure entrance from outside the building or from a common hallway or stairway inside the building in which the dwelling unit is located. 2.55 DWELLING UNIT, SECOND shall mean a self-contained space or enclosure within a single unit dwelling or within an accessory building erected, used or intended for habitation by a person or household and which contains at least one (1) room, a kitchen and lavatory facilities designated for the use of its occupants. 2.56 DWELLING, APARTMENT shall mean a dwelling, consisting of four (4) or more dwelling units which units have a common entrance from the street level and the occupants of which have the right to use, in common, halls and/or stairs and/or elevators and yards. 2.57 DWELLING, CONVERTED shall mean a dwelling originally designed as a single unit detached dwelling which because of its size or design is or is capable of being converted by partition and the addition of sanitary facilities and cooking facilities into more than one (1) dwelling unit. 2.58 DWELLING, DOUBLE DUPLEX shall mean a dwelling that is divided horizontally into four (4) dwelling units each of which has an independent entrance either directly or through a common vestibule. 2.59 DWELLING, DUPLEX shall mean a dwelling that is divided horizontally into two (2) dwelling units each of which has an independent entrance either directly or through a common vestibule. 2.60 DWELLING, SEASONAL FARM shall mean a dwelling designed and intended for the housing of seasonal farm labour, and their families, who are employees of the owner or operator of a farm and may include a mobile home, bunkhouse or similar dwelling. 2.61 DWELLING, SEMI-DETACHED shall mean a dwelling that is divided vertically above grade into two (2) dwelling units, each of which has an independent entrance either directly or through a common vestibule. 2.62 DWELLING, SINGLE UNIT shall mean a completely detached dwelling used or intended for occupancy by not more than one (1) household living independently. 2.63 DWELLING, TOWNHOUSE shall mean a dwelling 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. Township of Malahide Zoning By-Law April, 2018 13 2.64 DWELLING, TRIPLEX shall mean a dwelling that is divided horizontally and/or vertically into three (3) separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance but excludes a converted dwelling. 2.65 EFFECTIVE DATE shall mean the date that this By-law shall be deemed to come into full force and effect pursuant to the provisions of the Planning Act. 2.66 ERECT shall mean to build, construct, reconstruct, alter or relocate and, without limiting the generality of the foregoing, shall 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 or extension. 2.67 ESTABLISHED BUILDING LINE shall mean the average distance from the street line of existing buildings on one side of one block where more than one-half of the lots having street access upon the said side or the block have been built upon. 2.68 EXISTING shall mean existing as of the date of the passing of this By-law. 2.69 EXOTIC ANIMALS shall mean wild and/or non-domesticated animals regardless of whether they are raised or kept in captivity and, without limiting the generality of the foregoing, may include bears, wolfs, lions, tigers, bobcats, cougars, raccoons, crocodiles, venomous snakes, constricting snakes, venomous lizards or venomous spiders but shall exclude domesticated animals and livestock as defined herein. 2.70 FACTORY OUTLET shall mean a building accessory to an industrial use wherein products manufactured, produced, processed or stored on the premises are kept or displayed for wholesale or retail sale, or wherein orders are taken for the delivery of such products. 2.71 FARM OR IRRIGATION POND shall mean a body of water located outdoors, contained by natural or artificial means and designed, used or intended for agricultural purposes including irrigation and watering for livestock but not for recreational purposes. 2.72 FARM EQUIPMENT SALES & SERVICE shall mean the use of land, buildings or structures or combination thereof where farm vehicles and equipment are stored for the purpose of sale, lease, or hire and where such vehicles and equipment are repaired or serviced for purposes of being maintained in an operable condition. Township of Malahide Zoning By-Law April, 2018 14 2.73 FARM FUEL SALES shall mean the use of land, buildings or structures or combination thereof where fuel specifically intended for use in farm vehicles and equipment is stored in bulk for the purpose of dispensing and sale, and may include the storage and sale of gasoline, diesel fuel, propane, natural gas and lubricants. 2.74 FARM MARKET shall mean the use of lands, buildings or structures where fruit, vegetables and meats produced by the local farm community and accessory to an agricultural use are offered for sale to the general public, and may include areas for dry storage, cold storage and office space accessory to the farm market use. 2.75 FARM PRODUCE OUTLET shall mean a use which is permitted on a seasonal basis, and is accessory to a permitted farm, which consists of the retail sale of agricultural products produced in the area which such outlet is located, and which does not include any permanent buildings or structures. 2.76 FEED MILL shall mean a building erected, used or intended for use for the preparation, processing, preserving, grading or storing of agricultural products for eventual consumption by livestock or domestic pets, and may include the retail and wholesale sale of such products. 2.77 FIRST STOREY shall mean the storey that has its floor closest to grade and its ceiling more than 1.8 m above grade. 2.78 FITNESS CENTRE shall mean a building erected, used or intended for facilities, machines and equipment made available to the public or to members, for a fee, for the purposes of physical training and improving physical health and fitness. 2.79 FLEA MARKET shall mean the use of lands, buildings or structures or combination thereof where stalls or areas are partitioned off and rented or otherwise provided for the selling of articles, goods or things that are either homemade, homegrown, handcrafted, old, obsolete, antique or used and may include the selling of food prepared and intended for consumption on the premises. 2.80 FLOOR AREA shall mean the sum of the areas of all floors of a building measured from the outside of all exterior walls exclusive of any attic, basement, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and excluding any floor area with a floor to ceiling height of less than two (2.0) metres. Township of Malahide Zoning By-Law April, 2018 15 2.81 FLOOR AREA, NET shall mean that portion of the floor area of a building which is used exclusively for a non- residential use defined or specifically permitted herein but excluding: a) any part of such building used for any other non-residential use defined herein or specifically permitted elsewhere in this By-law; b) any part of such building used as a dwelling unit, a public concourse or a common hallway or stairway not used exclusively by the said non-residential use; c) any part of such building used solely for the storage of electrical equipment or of equipment to heat, cool or otherwise control the environment of such building or a portion thereof; or d) the thickness of any exterior walls of such building. 2.82 FOOD PROCESSING PLANT shall mean a building in which agricultural products are prepared, processed, preserved, graded or stored for eventual human consumption. 2.83 FORESTRY USE shall mean the raising and harvesting of wood and, without limiting the generality of the foregoing, shall include the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees and other forest products. 2.84 FRUIT AND VEGETABLE STAND shall mean a structure designed, used and intended for the purpose of the sale of agricultural products and readily portable and open to the air on at least one side, accessory to an agricultural use. 2.85 FUNERAL HOME shall mean a building erected, used or intended for the preparation of corpses by a licensed undertaker for interment and includes facilities for accommodating the public. 2.86 GARAGE, PRIVATE shall mean a building or structure, erected, used or intended for the storage of a motor vehicle and the storage of household equipment incidental to residential occupancy, wherein no service for profit is rendered; and where such building or structure is within two (2.0) metres of the main building, it shall be deemed to be attached to or part of the main building and not an accessory building. 2.87 GARDEN CENTRE shall mean the use of land, buildings or structures or combination thereof for the purpose of selling trees, shrubs and plants, lawn and garden equipment, furnishings and supplies. Township of Malahide Zoning By-Law April, 2018 16 2.88 GAS BAR shall mean the use of land, buildings or structures or combination thereof for the sale of gasoline, propane, oil and allied products for motor vehicles and the introduction of such liquids into motor vehicles and may include the sale of small items required for the operation of motor vehicles, but does not include provisions for motor vehicle repairs, oil changes, lubrications, or similar mechanical services. 2.89 GOLF COURSE shall mean the use of land for the purpose of playing golf and buildings and structures accessory thereto and without limiting the generality of the foregoing, includes a driving range, a miniature golf course or combination thereof. 2.90 GRADE shall mean the average elevation of proposed or finished ground adjoining or adjacent to all exterior walls of a building. 2.91 GRAIN HANDLING FACILITY shall mean the use of land, buildings or structures or combination thereof for the commercial drying, cleaning, handling or storing of crops. 2.92 GROUP HOME shall mean a dwelling in which a minimum of three (3) and a maximum of five (5) persons, excluding staff or the receiving household, live under responsible supervision consistent with their needs and licensed or approved under the laws of the Province of Ontario or the Government of Canada or otherwise under the jurisdiction of the Ontario Ministry of Community and Social Services and, without limiting the generality of the foregoing, may include satellite residences for seniors and accommodation for persons with developmental disabilities. 2.93 HALF STOREY shall mean the portion of a building located wholly or partly within a sloping roof, having side walls not less than one (1.0) metre in height, and a ceiling with a minimum height of two (2.0) metres over an area equal to at least fifty (50) percent of the area of the floor next below. 2.94 HALFWAY HOUSE shall mean a dwelling in which a maximum of five (5) persons, excluding staff or the receiving household, live under responsible supervision consistent with their needs and licensed or approved under the laws of the Province of Ontario or the Government of Canada for psychiatric patients who are transitionally or permanently discharged from a psychiatric hospital; persons who have been placed on probation under the provisions of the Probation Act, the Criminal Code of Canada, the Young Offenders Act, or who have been released on parole under the provisions of the Ministry of Correctional Services Act or the Parole Board of Canada or persons who have been charged under the Young Offenders Act but who have been placed in open or secure custody. Township of Malahide Zoning By-Law April, 2018 17 2.95 HAZARD LAND shall mean land that is subject to flooding or land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to natural or artificial perils, and includes lands lying below the regulatory floodline and hazardous lands as defined by the Provincial Policy Statement, 2014. 2.96 HEIGHT shall mean, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a horizontal plane through: a) the highest point of the roof assembly in the case of a building with a flat roof, a deck roof or a domed roof; b) the average level of a sloped roof, between ridges and the eaves, provided that such roof having a slope of less than twenty (20) degrees with the horizontal shall be considered a flat roof; c) in a multi-peaked sloped roof, the average level between the ridge of the highest peak and the eaves; d) the average level between eaves and ridges in the case of a roof type not covered in subsections a), b) or c). 2.97 HEREIN shall mean within this By-law. 2.98 HOME OCCUPATION shall mean an occupation, accessory to a residential use, for gain or support and owned, managed and conducted by persons residing on the lot on which the home occupation is conducted along with those persons whom reside elsewhere as may be specified herein. Where a home occupation is permitted within a dwelling, such uses may include the offices, workrooms or consulting rooms of a business profession, trade, craft or hobby but such uses do not include or permit group instruction or a retail store with the exception of the sale of arts, crafts and other handmade articles or things. Where a home occupation is permitted within an accessory building, such uses may also include a carpentry shop, a welding shop, a machine shop, a service shop or a contract 2.99 HOTEL shall mean a building, erected, used or intended for the purposes of catering, for gain or profit, to the needs of the public by supplying food and furnishing sleeping accommodation consisting of not less than six (6) guest rooms and may include a tavern. 2.100 HOUSEHOLD shall mean a single and independent housekeeping unit occupying and using only one dwelling unit. Township of Malahide Zoning By-Law April, 2018 18 2.101 INDUSTRIAL MALL shall mean a building or group of buildings erected, used or intended for use which are held in single ownership or by members in a condominium corporation or cooperative, and divided into units for separate and independent occupancy by industrial uses for which common loading and parking facilities and other common services may or may not be provided. 2.102 INDUSTRIAL USE shall mean the use of land, buildings or structures or combination thereof for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, distributing, warehousing, storing or adapting for sale any goods, substance, article or thing, including the storage of building and construction equipment and materials. 2.103 INSTITUTIONAL USE shall mean the use of land, buildings or structures or combination thereof for public or social purposes but not for the purpose of gain or profit and may include governmental, religious, educational, charitable, philanthropic or other similar but non-commercial uses. 2.104 LANDING STRIP shall mean the use of land, accessory to an agricultural or residential use, for the purpose of those residing thereon for the landing and taking off of non-commercial aircraft and may include buildings and structures accessory thereto. 2.105 LANDSCAPED OPEN SPACE shall mean the use of land for the growth and maintenance of grass, flowers, shrubbery and other landscaping materials, both natural and artificial, accessory to a building or structure, and includes any surfaced walk, patio, or similar area, but does not include any access driveway or ramp, parking lot, deck or any open space beneath or land within any building or structure. 2.106 LAUNDRY ESTABLISHMENT shall mean a building erected, used or intended for the drying, ironing and finishing of laundered goods and where no odours, fumes, noise or vibration which create a nuisance outside the business are emitted and may include a self-service, coin operated laundromat. 2.107 LIBRARY shall mean a library, branch library, bookmobile, or distributing station operating under the Public Libraries Act. 2.108 LIGHT ASSEMBLY AND FABRICATION shall mean the use of land, buildings, or structures for the manufacturing, assembling, or processing of component parts to produce finished products suitable for retail, wholesale or service trade, and including repairing, servicing, distributing, warehousing, storing or adapting for sale any good, substance, article or thing but excluding any uses which emit any noise or noxious smell that can be detected outside of the building or on land adjacent to the lands occupied by the light assembly and fabrication use. Township of Malahide Zoning By-Law April, 2018 19 2.109 LIVESTOCK shall mean farm animals kept for use, for propagation or intended for profit or gain and without limiting the generality of the foregoing include beef cattle, birds, dairy cattle, deer and elk, fur- bearing animals, game animals, goats, horses, poultry, ratites, sheep, swine and other animals identified by the Ministry of Agriculture, Food and Rural Affairs as constituting livestock but shall exclude domesticated animals and exotic animals as defined herein. 2.110 LIVESTOCK MARKETING YARD shall mean the use of land, buildings or structures or combination thereof for the temporary confinement of livestock for the purpose of sale, auction and distribution. 2.111 LOT shall mean a parcel or tract of land which is a) the whole of a lot on a registered plan of subdivision, so long as such registered plan or portion thereof is not deemed, pursuant to the Planning Act, not to be a registered plan of subdivision; or, b) all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land, or c) a unit in a registered plan of condominium. 2.112 LOT, CORNER shall mean a lot situated at the intersection of and abutting upon two (2) roads which intersect at an angle of not more than one hundred and thirty-five (135) degrees. 2.113 LOT, INTERIOR shall mean a lot other than a corner lot. 2.114 LOT, THROUGH shall mean a lot bounded on two opposite sides by roads; provided, however, that if any lot qualifies as being both a corner lot and a through lot, such lot shall be conclusively deemed to be a corner lot. 2.115 LOT AREA shall mean the total horizontal area within the lot lines of a lot, except in the case of a corner lot having street lines rounding at the corner, where the lot area of such lot shall be calculated as if the lot lines were projected to the intersection. 2.116 LOT COVERAGE shall mean that percentage of the area of a lot covered by the perpendicular projection onto a horizontal plane of all buildings and roofed or otherwise covered structures but excluding arbors, pergolas, trellises and similar structures and balconies, canopies and overhanging eaves which are two (2.0) metres or more in height above finished grade. Township of Malahide Zoning By-Law April, 2018 20 2.117 LOT FRONTAGE shall mean the horizontal distance between the side lot lines of a lot measured at right angles. Where such side lot lines are not parallel, the lot frontage shall be measured perpendicularly to the line joining the mid-point of the front and the centre of the rear lot line at a point six (6.0) metres back from the front line, and where such side lot lines meet, lot frontage shall be measured perpendicularly to the line joining the apex of the triangle formed by the side lot lines and a point six (6.0) metres back from the front lot line. 2.118 LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. Where these lines are not parallel, the lot depth shall mean the length of a straight line joining the mid-points of the front lot line and the rear lot lines. Where there is no rear lot line, lot depth shall mean the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. 2.119 LOT LINES shall mean the boundary lines of a lot defined as follows: a) Front Lot Line, shall mean, except in the case of a corner lot, the line dividing the lot from the street. In the case of a corner lot, the shorter boundary line abutting the street shall be deemed the front lot line and the longer boundary line abutting the street shall be deemed to be the side lot line. In case each of such lot lines should be of equal length, the front lot line shall be deemed to be the front lot line as established in the block by prior construction. In the case of a through lot, the shorter boundary dividing the lot from the street shall be deemed the front lot line and the opposite longer boundary shall be deemed the rear lot line. In case each of such lot lines should be of equal length, the front lot line shall be deemed to be the front lot line as established in the block by prior construction. b) Rear Lot Line, shall mean the lot line of a lot having four (4) or more lot lines which is farthest from or opposite to the front lot line. c) Side Lot Line, shall mean a lot line other than a front or rear lot line. In the case of a corner lot, the side lot line dividing the lot from the street shall be deemed to be the exterior side lot line and the other side lot line shall be deemed to be the interior side lot line. 2.120 MACHINE SHOP shall mean a building erected, used, or intended for the servicing or repair of equipment and machinery and/or small engines. 2.121 MAIN BUILDING shall mean the building erected, used or intended for the permitted and principle use of the lot or part thereof. 2.122 MAIN WALL shall mean the exterior front, side or rear wall of a building, and all structural members essential to the support of a fully enclosed space or roof. Township of Malahide Zoning By-Law April, 2018 21 2.123 MARINA shall mean the use of land, buildings or structures or combination thereof for the storage and rental of boats, and/or where boats, boat motors or boat accessories are sold, repaired or refueled, and may include buildings and structures for the sale of boating accessories, supplies and/or refreshments. 2.124 MARKET GARDEN shall mean the use of land, buildings or structures or combination thereof for the purpose of buying and selling fruits and vegetables. 2.125 MICRO BREWERY shall mean a building or structure erected, used or intended for the making of beer and/or wine and offered for retail sale for consumption off the premises. 2.126 MINIMUM DISTANCE SEPARATION (MDS I AND MDS II) shall mean formulae used for the purposes of determining, in the case of MDS I, the minimum distance required for non-agricultural uses establishing or expanding in proximity to livestock facilities located on a separate lot, and in the case of MDS II, the minimum distance required for establishing or expanding livestock facilities in proximity to non-agricultural uses located on a separate lot. 2.127 MINI-STORAGE WAREHOUSE shall mean a building containing individual storage units accessible by the user and used for the storage of goods, wares, merchandise, non-perishable foodstuffs, substances, articles or things but shall not include the storage of fuels, solvents, paints or other inflammable substances. 2.128 MOBILE FOOD OUTLET shall mean a self-propelled motor vehicle or a unit towed by a motor vehicle, from which food and refreshments are made available to the general public for a fee. 2.129 MOBILE HOME shall mean a building designed and constructed in accordance with the specifications of the Canadian Standards Association CAN/CSA-Z240 for occupancy as a dwelling; transported or designed to be transported on its own or in one (1) or more separate sections or modules each on its own wheels, on a flatbed or by other means and joined together to form one (1) dwelling unit and its running gear comprising the hitch and wheel assembly, if any, removed and placed on a totally enclosed concrete foundation which extends below the frost line and which is constructed in accordance with the Ontario Building Code or equivalent. 2.130 MOBILE HOME PARK shall mean the use of land for the placement of mobile homes on leased sites. Township of Malahide Zoning By-Law April, 2018 22 2.131 MOTEL shall mean a building, or two (2) or more detached buildings erected, used or intended for the purpose of catering, for gain or profit, to the needs of the travelling public by furnishing sleeping accommodation with or without supplying food. 2.132 MOTOR HOME shall mean a motor vehicle chassis designed to provide temporary living quarters for recreation, camping and travel purposes. 2.133 MOTOR VEHICLE shall mean a wheeled self-propelling device for the transportation of passengers and goods and without limiting the generality of the foregoing, includes automobiles, trucks, buses, ambulances, hearses, motor homes and tractors. 2.134 MOTOR VEHICLE BODY SHOP shall mean the use of land, buildings or structures or combination thereof for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of the foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor vehicles and the rebuilding or conversion of automotive engines or engine parts, but shall not include a motor vehicle sales establishment, motor vehicle service establishment, impounding yard or a gas bar. 2.135 MOTOR VEHICLE REPAIR GARAGE shall mean the use of land, buildings or structures or combination thereof for the repair or replacement of parts in a motor vehicle and, without limiting the generality of the foregoing, includes the repair, replacement or reconditioning of mufflers, exhaust systems, shock absorbers, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, tires, wheels, windshields, windows and other mechanical or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement and includes the sale of automobiles ancillary to motor vehicle repair garage functions, but does not include a motor vehicle body shop, a motor vehicle service establishment or a gas bar. 2.136 MOTOR VEHICLE SALES ESTABLISHMENT shall mean the use of land, buildings or structures or combination thereof where motor vehicles are kept for sale and where motor vehicles may be oiled, greased and where repairs essential to the operation of motor vehicles are performed. 2.137 MOTOR VEHICLE SERVICE ESTABLISHMENT shall mean the use of land, buildings or structures or combination thereof for the sale of gasoline, propane, oil, grease, antifreeze, tires, batteries and other accessories for motor vehicles where motor vehicles may be oiled, greased or cleaned, or have their ignition adjusted, tires inflated or batteries charged or where only minor or running repairs essential to the operation of motor vehicles are performed. Township of Malahide Zoning By-Law April, 2018 23 2.138 MUNICIPAL DRAIN shall mean a drainage works as defined by the Drainage Act. 2.139 MUNICIPALITY shall mean the Corporation of the Township of Malahide. 2.140 MUSEUM shall mean a building erected, used or intended for use as a repository for historical artifacts, relics or documents which may be periodically placed on display for public viewing. 2.141 MUSHROOM FARM shall mean the use of land for the purpose of growing mushrooms for gain or profit. 2.142 NORMAL FARM PRACTICE shall mean a practice that is conducted by a farm business in a manner consistent with (a) proper and accepted customs and standards as established and followed by similar farm businesses under similar circumstances, and (b) any standards prescribed by the Province of Ontario, and includes a practice that makes use of innovative technology in a manner consistent with proper advanced farm management practices and with any standards prescribed by the Province of Ontario. 2.143 NON-AGRICULTURAL shall mean a use, building or structure which is used, intended or designed for purposes other than those of an agricultural use. 2.144 NON-COMPLYING shall mean a building or structure which is not in compliance with the regulations herein but does not include a non-conforming use, building or structure. 2.145 NON-CONFORMING shall mean a use, building or structure which is not a use, building or structure permitted in the zone in which the said use, building or structure is situated. 2.146 OCCUPANCY shall mean to reside in as owner or tenant on a permanent or temporary basis. Township of Malahide Zoning By-Law April, 2018 24 2.147 OUTDOOR AMENITY AREA shall mean contiguous landscaped space accessible to a dwelling or dwelling unit and situated on the same lot therewith, designed, used or intended to be used for the passive enjoyment and recreational needs of the occupants. 2.148 OUTDOOR FURNACE shall mean an outdoor appliance designed, used or intended for burning solid fuel for the purpose of the heating of buildings but shall not include a heating device used in the operation of a sugar bush or the production of maple syrup. 2.149 OUTSIDE STORAGE shall mean the storage of goods, materials or equipment in the open air on a lot or portion thereof. 2.150 PAINTBALL PARK shall mean the use of lands for the purposes of organized outdoor recreational activity in which the participants engage in interactive play using low speed paint ball guns firing or capable of firing non-hazardous, environmentally friendly propellant, protective gear and other equipment as may be necessary or required, where members of opposing teams attempt to secure a common flag, or variations thereof. 2.151 PARKING LOT shall mean an area, whether or not enclosed, exclusive of aisles, entrances and exit lanes, accessible to an aisle, street or road and designed, used or intended for the purposes of the temporary parking of motor vehicles. 2.152 PARKING SPACE shall mean a space, whether or not enclosed, having a minimum width and a minimum length as prescribed herein, exclusive of aisles, entrance and exit lanes, accessible to a street or road and designed, used or intended for the purpose of the temporary parking or storage of a motor vehicle. 2.153 PARKING SPACE, ACCESSIBLE shall mean a parking space designed, used or intended for the purpose of the temporary parking or storage of a motor vehicle by persons who require or use wheelchairs, canes, crutches, walkers or other mobility assistance devices and who may require additional aisle space to accommodate a lift or ramp. a) Type A Parking Space shall mean an accessible parking space intended to accommodate a motor vehicle equipped with a mechanical lift and/or wheelchair ramp, and which incorporates a delineated space adjacent to the motor vehicle for the deployment of the lift and/or ramp. b) Type B Parking Space shall mean an accessible parking space intended to accommodate a motor vehicle which does not require additional space to accommodate a lift and/or ramp. Township of Malahide Zoning By-Law April, 2018 25 2.154 PARK MODEL shall mean a dwelling, designed and constructed in accordance with the specifications of the Canadian Standards Association CAN/CSA Z241 for occupancy as a dwelling. 2.155 PARK, PRIVATE shall mean a park other than a public park, regardless of whether or not such park is maintained or operated for gain or profit, but excludes an amusement park. 2.156 PARK, PUBLIC shall mean lands owned and maintained by a public authority for the enjoyment, health and well- being of the public and normally open to the public and may include a conservation area. 2.157 PERMITTED shall mean permitted by this By-law. 2.158 PERSON shall include an individual, an association, a firm, a partnership, an incorporated company, municipal corporation, agent or trustee and their heirs, executors, or other legal representatives of a person to whom or which the context of this By-law may apply according to law. 2.159 PERSONAL CARE ESTABLISHMENT shall mean a building wherein a service is performed directly to an individual and includes, without limiting the generality of the foregoing, a barber shop, a beauty salon, a tanning salon and the premises of a manicurist, beautician, chiropractor, massage therapist and similar personal care services but excludes a clinic. 2.160 PERSONAL SERVICE ESTABLISHMENT shall mean a building wherein a service is provided for the alteration, care, making of and repair of wearing apparel and includes, without limiting the generality of the foregoing, a shoe repair shop, and a tailor or dressmaking shop. 2.161 PIT OR QUARRY shall mean any opening or excavation of or in the ground pursuant to a license issued under the Aggregate Resources Act for the purposes of removing soil, rock, sand, gravel, earth, clay, muck or limestone or any combination thereof and may include the processing thereof such as screening, sorting, washing, crushing, stockpiling and other similar operations; the importation of asphalt and concrete for recycling /resale purposes and site rehabilitation. 2.162 PIT OR QUARRY, WAYSIDE shall mean a pit or quarry opened and used by a public road authority, its agents or contractors, in accordance with a permit issued under the Aggregate Resources Act, solely for the purpose of a particular project or road construction contract. Township of Malahide Zoning By-Law April, 2018 26 2.163 PLACE OF ENTERTAINMENT OR AMUSEMENT shall mean a building erected, used or intended for use as a bowling alley, billiard or pool room, amusement arcade, internet café or any combination thereof. 2.164 PLACE OF WORSHIP shall mean a building erected, used or intended for religious worship and may include a church hall, church auditorium, parish hall, church day nursery, mosque or synagogue. 2.165 PLANT NURSERY shall mean the use of land, buildings or structures where trees, shrubs or plants are grown for the purpose of buying and selling of such products, and which may include a garden centre as a commercial accessory use. 2.166 PORCH shall mean a roofed, open gallery or portico attached to the exterior of a building. 2.167 PROPANE TRANSFER FACILITY shall mean the use of land where propane is stored for the purpose of dispensing and sale, and may include such facilities which are accessory to a campground or trailer park. 2.168 PUBLIC AUTHORITY shall mean the: a) Township of Malahide, b) County of Elgin, c) Government of Canada, d) Province of Ontario, e) Catfish Creek Conservation Authority, f) Kettle Creek Conservation Authority, g) Long Point Region Conservation Authority and any other agency, board, commission, committee or other body established or exercising any power or authority under any general or special statute of Ontario or the Government of Canada with respect to any of the affairs or purposes of the Township or a portion thereof, and includes any committee or local authority established by by-law of the Township. 2.169 RECREATIONAL FACILITIES shall mean a building designed and intended to accommodate one or more leisure or sporting activities and shall include an arena, aquatic centre, tennis, squash and racquetball courts, dance studios and fitness centres. Township of Malahide Zoning By-Law April, 2018 27 2.170 REGULATORY FLOODLINE shall mean the limits of the floodplain established from time to time by the conservation authority having jurisdiction. 2.171 REQUIRED shall mean required by this By-law. 2.172 RESIDENTIAL USE shall mean the use of a lot, a building or structure as a dwelling. 2.173 RESTAURANT shall mean a building erected, used or intended for the serving of food or refreshments to the public where the serving and consumption of food or refreshments takes place entirely within such building or at outside tables immediately adjacent to such building and may include a dining lounge licensed under the Liquor License Act. 2.174 RESTAURANT, TAKE-OUT shall mean a building, erected, used or intended for the serving of food or refreshments to the public where the servicing and consumption of food or refreshments takes place entirely off the premises. 2.175 RESTAURANT, DRIVE-THROUGH shall mean a building, erected, used or intended for the sale of food or refreshments to the general public, and where such food or refreshment may be made available to a person while in his motor vehicle or while within the building, and where provision may be made for the consumption of such food or refreshment by the person while in his motor vehicle, within the building or elsewhere on a lot. 2.176 RETAIL STORE shall mean a building, erected, used or intended for the selling or buying of goods, wares, merchandise, articles, or things at retail and/or the providing of a service, primarily to or from the public. 2.177 RETAIL STORE, CONVENIENCE shall mean a retail store supplying groceries and other daily household necessities to an immediate surrounding residential area. 2.178 RETAIL STORE, GENERAL shall mean a retail store within which is conducted the selling of groceries, cigarettes, tobacco, confectionery goods, sundry items and other general merchandise, and may include part of a motor vehicle service establishment or gas bar. Township of Malahide Zoning By-Law April, 2018 28 2.179 RETIREMENT HOME shall mean a building in which the proprietor supplies lodging and provides nursing, medical and similar care and treatment, if required and includes any retirement home as defined by the Retirement Homes Act, 2010. 2.180 RIDING SCHOOL shall mean the use of land, buildings, or structures or combination thereof for the purpose of riding, training, showing, and boarding of horses and where persons are given instructions in the riding of horses and other aspects of horsemanship. 2.181 ROAD shall mean an open common and public road, lane, highway or commons vested in the Township, the County, the Province of Ontario or any other public authority having jurisdiction over the same, and includes a bridge or any other structure forming part of a road on, over, or across which a road passes, and a road constituting a common element in a registered plan of condominium, but does not include an unopened road allowance. 2.182 ROAD, ARTERIAL shall mean a road, under the jurisdiction of the County, constructed and maintained to accommodate high volumes of vehicular traffic over long distances, where maintaining traffic flow is given priority over access to abutting properties. 2.183 ROAD, COLLECTOR shall mean a road, under the jurisdiction of the County, constructed and maintained to provide linkages between arterial roads and local roads where maintaining traffic flow and access to abutting properties are given equal priority. 2.184 ROAD, LOCAL shall mean a road, under the jurisdiction of the Township, constructed and maintained to accommodate low volumes of vehicular traffic and provide linkages to arterial roads and to collector roads where access to abutting properties is given priority over maintaining traffic flow. 2.185 ROAD, PRIVATE shall mean an improved highway, street or road which affords the principal means of vehicular access to a lot and which is not under the jurisdiction of the Township, the County or the Province. 2.186 SALVAGE YARD shall mean the use of land, buildings or structures or combination thereof, where motor vehicles, merchandise, articles, goods or things are stored for the purpose of salvage, kept for sale and/or processed and/or re-cycled for further use and, without limiting the generality of the foregoing, may include a junk yard, a scrap metal yard, and a motor vehicle wrecking yard. Township of Malahide Zoning By-Law April, 2018 29 2.187 SATELLITE DISH shall mean a parabolic or spherical antenna used for the purposes of receiving television or microwave transmissions or other signals from orbiting satellites or other similar devices. 2.188 SAWMILL shall mean the use of land, buildings or structures for the sawing, planing, sanding and finishing of wood and wood products and may include the sale of wood and wood products. 2.189 SCHOOL, PRIVATE shall mean a school, other than a public school or commercial school, recognized as a private school under the Education Act and under the jurisdiction of a board of trustees or governors and may include a boarding school. 2.190 SCHOOL, PUBLIC shall mean a school operated by and under the jurisdiction of a public authority. 2.191 SECONDARY FARM OCCUPATION shall mean an agriculturally-related occupation conducted on a lot, where the main use of the lot is for agricultural purposes, within an accessory building by persons residing in a dwelling situated on the said lot along with those persons who reside elsewhere as may be specified herein. 2.192 SERVICE SHOP shall mean a building where appliances and household machinery are sold, serviced, or repaired and includes the business premises of a tradesman such as a carpenter, an electrician, a plumber and similar trades but excludes any manufacturing, processing or wholesaling. 2.193 SETBACK shall mean the horizontal distance from the centre line of the street allowance, measured at right angles to such centre line, to the nearest part of any building or structure on a lot. 2.194 SETTLEMENT AREA shall mean areas identified in the Townshipal Plan as settlement areas namely the Village of Springfield, the Village of Port Bruce and the Hamlets of Avon, Calton, Copenhagen, Kingsmill Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners as delineated on -law. 2.195 SEWAGE TREATMENT PLANT shall mean the use of land, buildings or structures or combination thereof for the collection and treatment of sanitary sewage, in accordance with Ministry of Environment. Township of Malahide Zoning By-Law April, 2018 30 2.196 SHIPPING CONTAINER shall mean a container designed and constructed in accordance with the International Organization for Standardization (ISO) or similar organization intended for and used in the transportation and shipping industry which may be used for the storage of goods, wares, merchandise, substances, articles or things accessory to an agricultural, commercial or industrial use. 2.197 SHOPPING CENTRE shall mean a building or group of buildings designed, erected and managed as a unit and which building or buildings are designed to function as a unit accommodating a minimum of five (5) separate and independent commercial uses. 2.198 SIGN shall mean a name, identification, description, device, display or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. 2.199 STORAGE CONTAINER shall mean a pre-fabricated, heavy gauge steel, fully assembled structure intended for the storage of goods, wares, merchandise, substances, articles or things accessory to an agricultural, commercial or industrial use. 2.200 STOREY shall mean the portion of a building: a) that is situated between the top of any floor and the top of the floor next above it, or b) that is situated between the top of the floor and the ceiling above the floor, if there is no floor above it. 2.201 STREET refer to the definition of ROAD. 2.202 STREET LINE shall mean the limit of the road allowance and is the dividing line between a lot and a road. 2.203 STRUCTURE shall mean any material, object or work erected as a unit or constructed or put together of connected or dependent parts or elements whether located under, on, or above the surface of the ground, and includes a car shelter and similar structures but does not include an air conditioning unit, a boundary wall, fence, hot tub, sign or swimming pool. 2.204 SWIMMING POOL shall mean any in-ground swimming pool regulated under the Swimming Pool Safety Act. Township of Malahide Zoning By-Law April, 2018 31 2.205 TARGET RANGE shall mean the use of land, buildings or structures or combination thereof licensed by the Chief Firearms Officer of Ontario, for the purposes of the recreational discharge of fire arms, and may include an indoor/outdoor rifle range, shotgun range, pistol range, trap range, skeet range, air rifle range, air pistol range and archery range. 2.206 TAVERN shall mean a building erected, used or intended for the sale of alcoholic beverages to the public to be consumed on the premises and operating under the Liquor License Act. 2.207 TOP-OF-BANK shall mean a line determined at a point where the oblique plane of the slope meets the horizontal plane. 2.208 TRAVEL TRAILER shall mean a portable structure, including a camping trailer, designed, used, or intended for the living, sleeping, eating, or accommodation of persons therein for seasonal recreational activity and constructed such that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle. 2.209 TRUCK CAMPER shall mean a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck, and capable of providing temporary living quarters for recreation, camping or travel use. 2.210 TRUCK TERMINAL shall mean the use of land, buildings or structures where trucks, buses and/or transports are stored, rented, leased, kept for hire, or parked for remuneration or from which trucks and/or transports are dispatched as common carriers, or where goods are stored temporarily for further shipment. 2.211 USE shall mean, when used as a noun, the purpose for which any land, building or structure is erected, used, or intended to be used, or for which it is occupied, used or maintained. When done by the owner or occupant of any land, building or structure, directly or indirectly, or by or through any trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land, building, or structure. 2.212 UTILITY STATION shall mean the use of land, buildings or structures or combination thereof associated with the supply and distribution of utilities and, without limiting the generality of the foregoing, may include a water or sewage pumping station, a water storage reservoir, an electric power transformer station, a telephone repeater station and a micro wave tower. Township of Malahide Zoning By-Law April, 2018 32 2.213 WAREHOUSE shall mean a building erected, used or intended for the storage of goods, wares, merchandise, articles or things and may include the selling or distribution thereof at wholesale. 2.214 WASTE DISPOSAL SITE shall mean any land, or land covered by water, licensed under the Environmental Protection Act, upon, into, or through which, or building or structure in which, waste is deposited or processed, and any machinery and equipment or operation required for the treatment or disposal of waste. 2.215 WATERCOURSE shall mean a natural channel for the flow of water but does not include a drain as defined under the Drainage Act. 2.216 WETLAND shall mean lands that are seasonally or permanently covered by shallow water as well as lands where the water table is close to or at the surface such that the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants, but shall not include periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics. 2.217 WILDLIFE PRESERVE shall mean lands where plants, animals and other organisms, excluding fish, survive in self- sustained populations, and from which they derive services such as cover, protection or food. 2.218 WIND FARM shall mean any devices and related equipment that is used, or designed to be used, for the commercial production of electrical power where wind is the energy source, including one or more wind turbines, vertical axis wind turbines and horizontal axis wind turbines but excluding power poles, power lines, data lines and equipment such as transformers and switching stations related to the transmission or distribution of power from a Wind Farm. 2.219 WINERY, ESTATE shall mean a building or structure accessory to a vineyard and situated on the same lot therewith, where the vineyard occupies a minimum of 2 hectares, for the production of wine including the retail sale of wine and wine related products and hospitality facilities as accessory uses not exceeding four hundred (400) square metres of floor area in total and where food and wine may be prepared and served for the enjoyment of the general public. 2.220 WINERY, FARM shall mean the use of land, buildings, structures and equipment for the making of wine from fruit grown primarily on the premises including fermentation, storage and aging and may include storage, display, processing, wine tasting, a tied house licensed by the Alcohol and Gaming Commission of Ontario, and retail, administrative facilities and outdoor patio area, but shall not include a restaurant, banquet facility, or on-site commercial kitchen. Township of Malahide Zoning By-Law April, 2018 33 2.221 YARD shall mean a space, appurtenant to a building or structure, located on the same lot as the main building or structure, and which space is open, structurally uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted by this By-law. 2.222 YARD, EXTERIOR SIDE shall mean a side yard immediately adjoining a road. 2.223 YARD, FRONT shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. FRONT YARD DEPTH shall mean the least horizontal dimension between the front lot line of the lot and the nearest part of the main wall of any main building or structure on the lot. 2.224 YARD, INTERIOR SIDE shall mean a side yard other than an exterior side yard. 2.225 YARD, REAR shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. REAR YARD DEPTH shall mean the least horizontal dimension between the rear lot line of the lot and the nearest part of the main wall of any main building or structure on the lot. 2.226 YARD, SIDE shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest main wall of any main building or structure on the lot. SIDE YARD WIDTH shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of the main wall of any main building or structure on the lot. 2.227 ZONE shall mean an area delineated on a Zone Map and established and designated by this By-law for a specific use. 2.228 ZONE MAP shall mean a map or maps incorporated in this By-law and showing graphically the location, size and boundaries of zones established by this By-law together with other explanatory text and symbols. Township of Malahide Zoning By-Law April, 2018 34 3.0 ZONES AND ZONE MAPS 3.1 ESTABLISHMENT OF ZONES For the purpose of this By-law, the maps hereto annexed as Sch 104 inclusi shall be referred to as the zone maps of the Township of Malahide Zoning By-law and the zone maps shall be divided into one or more of the following zones: ZONE CATEGORY SYMBOL Agricultural Zones General Agricultural ............................................................................................... A1 Special Agricultural ................................................................................................ A2 Large Lot Agricultural ............................................................................................. A3 Small Lot Agricultural ............................................................................................. A4 Residential Zones Rural Residential ................................................................................................... RR Hamlet Residential ................................................................................................ HR Village Residential One ....................................................................................... VR1 Village Residential Two ....................................................................................... VR2 Mobile Home Park ................................................................................................ MH Commercial Zones General Commercial ............................................................................................. GC Hamlet Commercial............................................................................................... HC Rural Commercial ................................................................................................ RC Highway Commercial ........................................................................................ HWC Local Commercial ................................................................................................. LC Industrial Zones General Industrial .................................................................................................. M1 Rural Industrial ...................................................................................................... M2 Farm Industrial ...................................................................................................... M3 Extractive Industrial ............................................................................................... M4 Other Zones Institutional ................................................................................................................ I Open Space .......................................................................................................... OS Public Utility ............................................................................................................. U 3.2 USE OF ZONE SYMBOLS The symbols listed in Section 3.1 shall be used to refer to land, buildings, and structures and the uses thereof permitted in this By-law in the said zones, and wherever in this By-law the Township of Malahide Zoning By-Law April, 2018 35 within the Township delineated on the zone maps and designated thereon by the said symbol. 3.3 HOLDING SYMBOLS Where a zone symbol listed in Section 3.1 is used in conjunction with the holding symbol and except existing main buildings and structures and accessory buildings and structures permitted in the said zone and in accordance with the standards of the said zone, until the Planning Act. e.g. H-1, H-2) as shown being concluded. a) H-1 Services, Agreements, Site Plan Approvals To ensure the orderly development of lands and the adequate provision of municipal services, the required security shall be provided for the development agreement or subdivision agreement, and Council shall be satisfied that the conditions of the approval of the plans and drawings for a site plan, or the conditions of the approval of a draft plan of subdivision, ensure a development agreement or subdivision agreement is executed by the applicant and the Township, prior to the removal of the "H-1" symbol. b) H-2 Noise and Vibration Attenuation To ensure that mitigating measures are undertaken in areas adjacent to transportation and utility corridors, an agreement shall be entered into, following consultation with relevant agencies, covering requirements for incorporating appropriate noise and/or vibration attenuation measures into the design of the development, prior to the removal of the "H-2" symbol. c) H-3 Environmental Impact Study To determine the extent to which development will be permitted and ensure that development will not have a negative impact on relevant components of Natural Heritage Features (identified in the Township of Malahide Official Plan, the Provincial Policy Statement and the Ministry of Natural Resources), an agreement shall be entered into specifying appropriate development conditions and boundaries, based on an Environmental Impact Study prepared to the satisfaction of the Township, prior to removal of the "H-3" symbol. d) H-4 Erosion/Slope Instability Hazards To refine the One Hundred Year Erosion Limit (identified by the Conservation Authority having jurisdiction), assess the potential impacts of development and identify measures to avoid or address potential erosion/slope instability hazards, an agreement shall be entered into specifying appropriate development conditions and boundaries, based on a geotechnical study that has been prepared to the satisfaction of the Township, prior to removal of the "H-4" symbol. Township of Malahide Zoning By-Law April, 2018 36 e) H-5 Site Plan Control To ensure that development takes a form compatible with adjacent land uses, agreements shall be entered into following public site plan review specifying the issues allowed for under the site plan control provisions of the Planning Act, prior to the removal of the "H-5" symbol. f) H-6 Landfill Sites To ensure that development in the vicinity of operating and closed landfill sites will occur in a safe manner and in accordance with the Environmental Protection Act, agreements shall be entered into specifying any necessary studies and protective measures to the satisfaction of the Township, demonstrating that the development in the form and manner proposed will not be adversely affected, prior to the removal of the "H-6" symbol. 3.4 COMPOUND ZONES to a lot, the lot may be used for any use permitted in any one of the zones included in the compound zone symbol, or for any combination of uses thereto, subject to the following: a) the general use regulations and the special use regulations applicable to the zones included in the compound zone shall apply; b) in the case of a conflict between combinations of uses from two (2) or more zones, the greater or more restrictive regulations shall apply. 3.5 MULTIPLE ZONES Where a lot is subdivided into more than one zone, the regulations applicable to these zones shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines for the purposes of this By-law. 3.6 SPECIAL USE REGULATIONS Within any zone, special use regulations shall apply and, in addition to such special use regulations, the general use regulations shall also apply unless a contrary intention appears otherwise, in which case the special use regulations shall supercede and prevail over the general use regulations of the zone. 3.7 - All zones may be subdivided into one or more defined areas within which greater or lesser restrictions shall apply. These -ones shall be identified by reference to the symbol of a zone together with a number so as to differentiate -szones within a zone from each other and from other areas within the zone. Within a -one, all requirements of this By-law including the General Regulations (Section 4) and the General Use Regulations and the Special Use Regulations applicable to the zone within which the Township of Malahide Zoning By-Law April, 2018 37 -szone is located shall apply and, unless a contrary intention appears otherwise, the following shall apply: a) if the -one establishes regulations different from the General Regulations of this By-law including the General Use Regulations and Special Use Regulations applicable to the zone within which the defined area is located, the exceptions shall supersede and prevail over such corresponding regulations of this By-law; b) if the -one permits one (1) or more uses for the defined area, such permitted use or uses shall be the only purpose or purposes for which land, building or structures within the defined area shall be used unless the contrary intention appears otherwise; c) if the -one specifically permits one (1) or more uses in addition to those otherwise permitted in the zone within which the defined area is located, any and all of the other exceptions applicable to the defined area shall also apply to the additional permitted use or uses and not only to the uses not otherwise permitted in the zone; d) where a -szone is followed by reference to the name of the owner, tenant, company name, municipal address or other description shown in italics and contained in parentheses, the said reference is intended for information purposes only and does not constitute part of this By-law. 3.8 INTERPRETATION OF ZONE BOUNDARIES Where any uncertainty exists as to the location of the boundary of any of the said zones as shown on a zone map, the following shall apply: a) unless otherwise shown, the boundary of the zones as shown on the zone maps are the centre lines of the road allowances or lot lines and the projection thereof; b) where zone boundaries are indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundaries shall be construed as being parallel to such road and the distance there from shall be determined by the use of the scale shown on the zone maps; c) unless otherwise indicated, a road, lane, railway or electrical transmission line right- of-way, or watercourse included on the zone maps, is included within the zone of the adjoining lands on either side thereof; and where such road, lane, right-of-way, or watercourse serves as a boundary between two (2) or more different zones, a line midway in such road, lane, railway or electrical transmission line right-of-way, or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones unless specifically indicated otherwise; d) in the event a road or street shown on a zone map is closed, the lands formerly on the said road or street shall be included within the zone of the adjoining property on either side of the said closed road or street, and the zone boundary shall be the former centre line of the said closed road or street; e) where zone boundaries appear to follow a lot line, they shall be deemed to follow the lot line. Township of Malahide Zoning By-Law April, 2018 38 4.0 GENERAL REGULATIONS The regulations of this section apply in all zones except as may be indicated otherwise herein. 4.1 ACCESSORY USES, BUILDINGS AND STRUCTURES Wherever a use is listed as a permitted use in a particular zone, uses, buildings or structures accessory, incidental or subordinate to that use are also permitted in accordance with the standards applying in the zone in which the said use, building or structure is located. 4.2 BED AND BREAKFAST ESTABLISHMENTS The following regulations shall apply: a) guest bedrooms shall be restricted to a maximum of five (5); b) guest parking spaces in a front yard shall be restricted to a maximum of three (3). 4.3 BUFFER STRIPS AND FENCES The following regulations shall apply: a) a buffer strip shall be located within the zone for which it is required; it shall be planted, nurtured and maintained by the owner of the lot on which the buffer strip is located, and replacement of trees and plants be made by the owner, as necessary from time to time. b) in all cases where access driveways extend through a buffer strip, it shall be permissible to interrupt the strip within 3.0 metres of the edge of such driveway. c) a buffer strip may form part of any required landscaped open space, including the required front, side and rear yards. d) where a commercial or industrial zone abuts a residential, institutional, or open space zone, a strip of land not less than 4.5 metres in width adjacent to and inside the commercial or industrial zone boundary shall not be used for any other purpose than a buffer strip. e) where an institutional zone abuts a residential zone, a strip of land not less than 3.0 metres in width adjacent to and inside the institutional zone boundary shall not be used for any other purpose than a buffer strip. f) unless specifically permitted otherwise, no fence within the Municipality shall be greater than 2.4 metres in height. 4.4 BUILDING AND STRUCTURE PROJECTIONS No part of any building or structure on any lot shall project beyond the lot line or street line of such lot. Township of Malahide Zoning By-Law April, 2018 39 4.5 COMMUNITY GARDENS The following regulations shall apply: a) community gardens shall be permitted in the Village Residential One (VR1) Zone, the Village Residential Two (VR2) Zone and the Hamlet Residential (HR) Zone as an accessory use. b) a building or structure shall comply with the requirements for an accessory building or structure of the zone in which it is located. c) community gardens shall be located in a rear yard or in an interior side yard. d) a minimum of two (2) parking spaces shall be required in addition to any other parking requirements of the zone in which it is situated. 4.6 CONSTRUCTION USES Uses, buildings and structures incidental to construction are permitted in any zone provided they: a) are used only for as long as they are necessary for, or as a result of, construction work in progress which has neither been finished nor abandoned, or a period of 1 year whichever is the lesser; b) are removed when the construction work for which they are required is terminated. 4.7 ELECTRICITY GENERATION FACILITIES AND TRANSMISSION AND DISTRIBUTION SYSTEMS Electricity generation facilities and transmission and distribution systems are permitted in any zone and shall not be subject to lot coverage, lot line setbacks or any other yard requirements in the zone in which they are located, but shall be subject to any regulatory requirements for the utility involved. 4.8 ENTRANCE REGULATIONS No person shall erect any building or structure or otherwise use any lot in any zone unless such lot abuts a road, or a reserve on the opposite side of which is located a road, or unless such lot has access to a road by means of a legally registered right-of-way or easement over an abutting lot, and unless the Ministry of Transportation, the County or the Township, as the case may be, has issued an entrance permit or otherwise granted permission to provide access for vehicular traffic from such lot or from such abutting lot, as the case may be, to the said road. Notwithstanding the foregoing, a building or structure may, however, be erected on a lot within a registered plan of subdivision in accordance with a subdivision agreement in respect of such plan of subdivision, or on a lot created by consent and in accordance with an agreement with the Township, despite the fact that the road on which the lot has access to has not been assumed and is not being maintained by the Township. 4.9 ESTABLISHED BUILDING LINE ON STREETS OR ROADS Notwithstanding any other subsequent provisions of this By-law, where a single-detached dwelling or accessory use thereto is to be erected within a built-up area where there is an Township of Malahide Zoning By-Law April, 2018 40 established building line, such dwelling or accessory use may be erected closer to the street line or to the centre line of the street or road, as the case may be, than required by this By-law provided such dwelling or accessory use is not erected closer to the street line or to the centre line of the street or road, as the case may be, than the established building line on the date of passing of this By-law. 4.10 EXISTING LOTS Existing lots with less than the minimum lot area, and/or minimum lot frontage requirements of this By-law may be used and buildings and structures erected or altered thereon for the purposes specified in the zone in which they are situated, provided: a) such lots are serviced or capable of being serviced by approved sanitary sewage facilities where such facilities are required for the said use, building or structure; b) all other requirements of this By-law are satisfied. 4.11 EXPROPRIATIONS AND DEDICATIONS Where the area of a lot is reduced by means of an acquisition of part of the lot by any authority having power of expropriation, and where such acquisition causes the lot as reduced, or any building or structure existing lawfully on the lot on the date of such acquisition, to have a lot area, lot frontage, lot coverage, parking, area of landscaped open space, setback, front yard depth, side yard depth or rear yard depth that does not conform to the requirements hereof for the zone in which such lot is located, then nothing in this By-law shall apply to prevent the continued use of the lot as reduced as if no such acquisition had taken place, provided that: a) No further change is made in the dimensions, area or any other characteristics of the lot as reduced, subsequent to the date of such acquisition, that would increase the extent of the said non-conformity; and b) No building or structure or addition thereto is erected on the lot as reduced, subsequent to the date of such acquisition, except in accordance with all the provisions hereof for the zone in which such lot is located. In the case of a road widening dedication, the land that has been or will be dedicated shall be included in any calculation for the purpose of determining lot area, coverage, height, parking, landscaped open space, floor area, floor area ratio, and the location of any permitted building or structure relative to the required side or rear yards, provided any building or structure is located wholly within the boundary of the land remaining after the dedication. 4.12 GRADING 4.12.1 Excavations No person shall make any excavations or remove any topsoil, earth, sand or gravel from any lot, alone or in conjunction with any construction work, unless the written permission of the Township or a building permit with respect to such construction work has first been obtained, and except in accordance with any requirements of the Township with respect to retention of topsoil, grading and finished elevations. Township of Malahide Zoning By-Law April, 2018 41 4.12.2Removal or Levelling of Hills This By-law shall not apply to prevent the removal or leveling of hills for the purposes of increasing or improving land for agricultural uses so long as no excavation takes place below the average grade of the land surrounding the said hill and so long as a permit has been obtained with respect to such removal or leveling under the Aggregate Resources Act, as amended or revised from time to time. 4.13 GROUP HOMES Within a settlement area, no group home shall be established within 250 m of another group home while outside a settlement area, no group home shall be established within 1000 m of another group home and, in all cases, no group home shall be established within 500 m of a halfway house. 4.14 HALFWAY HOUSES Within a settlement area, no halfway house shall be established within 500 m of another halfway house while outside a settlement area, no halfway house shall be established within 5000 m of another halfway house and, in all cases, no halfway house shall be established within 500 m of a group home or a school. 4.15 HAZARD LANDS No buildings or structures, with the exception of bridges and those designed, used, or intended for flood or erosion control purposes under a permit issued by the conservation authority having jurisdiction, shall be erected or used on lands which exhibit a hazardous condition as a result of their instability, susceptibility to flooding, erosion, subsidence, inundation or the presence of organic soils or steep slopes. 4.16 HEIGHT EXCEPTIONS The height regulations of this By-law shall not apply to any farm building or structure, ornamental dome, skylight, chimney, tower, elevator, enclosure, flag pole, antennae, radio or television receiving or transmitting equipment, cupola, steeple, place of worship spire, wind tower or any accessory mechanical fixtures unless specifically stated otherwise. 4.17 LOADING SPACE REGULATIONS 4.17.1 Required Loading Spaces The owner or occupant of any lot, building or structure used or erected for any purpose involving the receiving, shipping loading or unloading of animals, goods, wares, merchandise or raw materials, shall provide and maintain, on the same lot, facilities comprising one or more loading spaces in accordance with the provision of this subsection. The number of loading spaces required on a lot shall be based on the total net floor area of all the uses on the said lot for which loading spaces are required, in accordance with the following: a) less than 250 square metres of total net floor area 0 loading spaces; b) over 250 square metres up to and including 500 square metres of net floor area -1 loading space; Township of Malahide Zoning By-Law April, 2018 42 c) over 500 square metres up to and including 2,500 square metres of netfloor area - 2 loading spaces; d) over 2 500 square metres up to and including 7,500 square metres of netfloor area - 3 loading spaces; e) over 7,500 square metres of netfloor area - 3 loading spaces plus 1 additional loading space for each 10,000 square metres or part thereof of total net floor area in excess of 7,500 square metres. 4.17.2 Dimensions of Loading Spaces A loading space required hereby shall have minimum dimensions of 3.5 metres by 10 metres and a minimum vertical clearance of 4 metres. 4.17.3 Location of Loading Spaces Required loading spaces shall be provided on the same lot occupied by the building or structure for which the said loading spaces are required, and shall not form a part of any street or lane. 4.17.4 Yards Where Permitted Loading spaces shall be permitted in any yard, except that: a) no part of any loading space shall be located in the front yard or closer than 3 metres to any lot line; and b) in the case of a through lot, no loading spaces shall be permitted in any part of the front yard. 4.17.5 Access To Loading Spaces Access to loading spaces shall be provided by means of one or more unobstructed driveways which: a) have a minimum unobstructed width of at least 3.5 metres, regardless of the direction of traffic flow thereupon, and provide sufficient space to permit the manoeuvring of vehicles on the lot so as not to obstruct or otherwise cause a hazard on adjacent streets; b) are contained within the lot on which such loading spaces are located and lead either to an improved street or to a lane; and c) comply in all other respects with the requirements for driveways providing access to parking areas and spaces set out in this By-law. 4.17.6 Surface And Drainage Of Loading Spaces And Driveways a) All loading spaces and driveways providing access thereto shall be provided and maintained with a stable surface, treated so as to prevent the raising of dust or loose particles. Loading spaces and driveways required for all commercial zones shall be either asphalt, concrete or other hard surfaced material. All other required loading spaces and driveways may be crushed stone or gravel. b) The access point to the loading area shall be well defined. Township of Malahide Zoning By-Law April, 2018 43 4.17.7Addition To Existing Use When a building or structure has insufficient loading spaces on the date of passing of this By- Law to comply with the requirements herein, (this By-Law shall not be interpreted to require that the deficiency be made up) prior to the construction of any addition, any loading spaces required by this By-Law for such addition shall be provided in accordance with all provisions hereof respecting loading spaces. 4.17.8 Exemption For GC Zones Notwithstanding any other provision hereof to the contrary, no loading spaces shall be required for any building, structure or use located within a GC Zone. 4.18 MODEL HOMES The following regulations shall apply: a) the lands on which the model homes are situated have received draft plan approval under the Planning Act and a subdivision agreement has been executed; b) the model homes shall comply with the provisions and regulations of this By-law upon registration of the plan of subdivision; and c) the number of model homes for any draft approved plan of subdivision shall not exceed the lesser of ten (10) dwelling units or ten percent (10%) of the total number of lots. 4.19 MUNICIPAL DRAINS AND NATURAL WATERCOURSES Notwithstanding any other provisions of this By-law, no permanent buildings or structures shall be erected or used: a) closer than 7.5 metres from the top-of-bank of a municipal drain having a width of less than 4.5 metres from top-of-bank to top-of-bank or from the centre line of a municipal tile drain; b) closer than 18.5 metres from the top-of-bank of a municipal drain having a width of between 4.5 metres and 7.5 metres from top-of-bank to top-of-bank; c) closer than 30.5 metres from the top-of-bank of a municipal drain which is 7.5 metres or more from top-of-bank to top-of-bank; d) closer than 15.0 metres from the top-of-bank of a natural watercourse or within an area that is equal to 15.0 metres plus one-half the width of the stream from the centerline of the watercourse; e) closer from the top-of-bank of the Lake Erie shoreline except for lands shown on Schedule D=3h + 100R (or) 30 metres (whichever is greater) Where D = setback (in metres), h = elevation above Lake Erie (metres), 100 = constant representing 100 years of protection and R = rate of erosion in metres per year at the point under consideration. Township of Malahide Zoning By-Law April, 2018 44 f) on lands which exhibit, or potentially exhibit, a hazardous condition as a result of their susceptibility to flooding, erosion, subsidence, inundation or the presence of organic soils or steep slopes. 4.20 NON-COMPLYING BUILDINGS AND STRUCTURES Where a building or structure has been erected on an existing lot having less than the minimum lot frontage and/or area, minimum setback, front yard depth, side yard width or rear yard depth or where such building or structure has more than the maximum height or more than the maximum lot coverage or more than the maximum floor area permitted herein, the said building or structure may be used, altered, repaired or renovated provided such standards are not further reduced or extended and all other standards herein are complied with. 4.21 NON-CONFORMING USES Nothing in this By-law shall apply: a) to prevent the use of any land, building or structure for any purpose prohibited in this 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; b) to prevent the erection or use for a purpose prohibited in this By-law of any building or structure for which a permit has been issued under the Building Code Act, prior to the day of passing of this By-law, 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 so long as the permit has not been revoked under Building Code Act; c) to prevent the alteration or repair of any building or structure or part of any such building or structure which does not comply with this By-law, so long as such alteration or repair does not increase the height, size or volume or change the use of such building or structure. 4.22 OIL AND GAS WELLS This By-law shall not apply to the use of any land for the exploration and/or production of natural gas or crude oil, or to the erection, alteration, or use of any building or structure accessory thereto. 4.23 OUTDOOR FURNACES Where permitted by this By-law, no outdoor furnace shall: a) be erected within ten (10) metres of a lot line; b) be erected within one hundred and fifty (150) metres of a dwelling situated on a separate lot. Township of Malahide Zoning By-Law April, 2018 45 4.24 PARKING REGULATIONS 4.24.1 Required Parking Spaces The parking space requirements provided in the following table shall apply to all uses, buildings and structures in all zones with the exception of the General Commercial (GC) Zone. The 2 number of required spaces shall be calculated per square metre (m) of the floor area of the main building except where expressed otherwise. Parking spaces shall be provided at the time a use is established or changed or a building or structure is erected or enlarged. USE REQUIREMENT 2 abattoir 1 per 25 mof retail floor space plus 1 per each employee 1 employed on the largest shift 2 2 animal clinic 1 per 30 m 2 3 animal hospital 1 per 45 m 4 apartment dwelling 1.25 per dwelling unit 2 5 art gallery 1 per 50 m 2 6 auction sales establishment 1 per 30 m 2 7 bake shop 1 per 25 m 2 8 banquet hall 1 per 7 seats or 1 per 35 m , whichever is the greater 9 bed & breakfast establishment 2 plus 1 per guest room 10 boarding house or rooming house 0.5 per guest room 2 11 clinic 1 per 15 m 2 12 club 1 per 7 seats or 1 per 35 mwhichever is the greater 13 converted dwelling 1.5 per dwelling unit 2 14 day care centre 1 per 40 m 2 15 dog kennel 1 per 30 m 16 double duplex dwelling 1.25 per dwelling unit 2 17 drive-in restaurant 1 per 10 m 2 18 dry cleaning establishment 1 per 35 m 19 duplex dwelling 1.5 per dwelling unit 22 dwelling unit 1 per unit 2 21 fitness centre 1 per 30 m 2 22 flea market 1 per 30 m 23 food processing plant 1 per each employee employed on the largest shift 2 24 funeral home 1 per 20 m 22 25 garden centre 1 per 30 m plus 1 per 100 moutside display space 26 gas bar 1 2 27 general retail store 1 per 25 m 28 golf course 4 per hole 29 group home 1 plus 0.5 per bed 30 half-way house 1 plus 0.5 per bed 31 hotel 1.5 per guest room 32 industrial use 1 per each employee employed on the largest shift 2 33 laundry establishment 1 per 35 m 2 34 machine shop 1 per 25 m 22 35 market garden 1 per 30 m plus 1 per 100 mof outside display space 2 36 micro brewery 1 per 40 m of processing area 37 mini-storage warehouse 5 38 motel 1.5 per guest room 2 39 museum 1 per 50 m 40 retirement home 1 per 2.5 beds 2 41 office 1 per 30 m 2 42 paintball park 1 per 50 m of playfield 2 43 personal care establishment 1 per 20 m Township of Malahide Zoning By-Law April, 2018 46 USE REQUIREMENT 2 44 personal service establishment 1 per 15 m 2 45 place of entertainment or amusement 1 per 35 m 2 1 per 5 seats or the equivalent bench space or 1 per 10 m 46 place of worship where there is no fixed seating, whichever is the greater 47 school, elementary 3 plus 1 per classroom 48 school, secondary or private 3 per classroom 2 49 restaurant 1 per 10 m 2 50 retail store 1 per 25 m 51 semi-detached dwelling 2 per dwelling unit 2 52 service shop 1 per 50 m 2 53 shopping centre 1 per 25 m 54 single unit dwelling 2 2 55 take-out restaurant 1 per 10 m 2 56 tavern 1 per 10 m 57 townhouse dwelling 1.5 per dwelling unit 58 triplex dwelling 1.5 per dwelling unit 59 warehouse 1 per each employee employed on the largest shift 4.24.2 Accessible Parking Spaces Accessible parking spaces shall, in the case of a Type A parking space as defined, have a minimum width of 3.4 m and, in the case of a Type B parking space as defined, have a minimum width of 2.4 m and shall be provided adjacent to the primary entrance of the building they are intended to serve and clearly signed or marked as Accessible Parking Spaces. To facilitate access to the motor vehicle, every accessible parking space shall be provided with an abutting access aisle, 1.5 m in width, extending the full length of the accessible parking space and be clearly identifiable by high tonal contrast diagonal lines, concrete or other hard distinguishing surface treatment to discourage parking on or within them which access aisle may be shared by two accessible parking spaces All designated accessible parking spaces shall be signed or marked in accordance with the Integrated Accessibility Standards Regulation and the Highway Traffic Act and, in the case of Type A parking spaces as defined, The number of accessible parking spaces required shall be part of the total parking requirement in accordance with the following: Required Required No. of Spaces for Accessible Parking Spaces Type A Type B 1 - 50 1 1 51 - 75 1 2 76 - 100 2 2 4.24.3 Location The location of a parking space required herein shall be located on the same lot or within the same building or structure as the use building or structure for which the said parking is required. Township of Malahide Zoning By-Law April, 2018 47 4.24.4Dimensions of Parking Spaces A parking space required herein shall have a minimum width of 2.7 m and a minimum length of 5.5 m except in the case of accessible parking spaces which shall have a minimum width as specified in subsection 4.21.2 to this By-law. 4.24.5 Additions to Existing Uses The parking space requirements of this By-law shall apply to any existing building or structure so long as the floor area of the said building or structure is not increased and the building or structure is used for a purpose which does not require additional parking spaces as required by this By-law than were required by virtue of its size or use on the effective date. Where a use is changed or the floor area of a building or structure is enlarged or there is an increase in the number of divisible units (e.g. seating capacity), then such additional parking spaces shall be provided to the number required for such change. 4.24.6 Calculation of Required Parking Spaces When calculating the number of required parking spaces, the following shall apply: a) where a building, structure or lot accommodates more than one use, the required parking spaces shall be the sum of the required parking spaces for the individual uses. Parking spaces for one use shall not be considered as providing the required parking spaces for any other use. b) where seating accommodation is provided by benches, 0.6 m of bench space shall be equivalent to one (1) seat. c) calculation of the required parking spaces results in a fraction, the required parking spaces shall be the next highest whole number notwithstanding Section 1.5 of this By- law to the contrary. 4.24.7 Parking Regulations In Residential Zones The following regulations shall apply: a) no motor vehicle shall be parked or stored in any residential zone other than a private passenger automobile, a motor home, travel trailer, or truck camper, or in the case of a commercial motor vehicle as provided for in this By-law; b) no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall be parked or stored outdoors in the Village Residential One (VR1) Zone, Village Residential Two (VR2) Zone, Hamlet Residential (HR) Zone or Mobile Home (MH) Zone; c) all parking spaces in any residential zone shall be located in an attached or detached private garage, or in a driveway, or in a side or rear yard provided that the lot coverage of the spaces shall not exceed 15% of the total lot area; d) no commercial motor vehicle, having a capacity of greater than 6000 kilograms, shall idle for an extended period of time in any residential zone. Township of Malahide Zoning By-Law April, 2018 48 4.25 PROHIBITED USES The following shall be prohibited in any zone except where specifically permitted otherwise. a) the use of a truck, bus, coach, railway car, shipping container or streetcar body or any portions thereof for the purposes of conducting or operating a business or trade; b) the use of any travel trailer, truck camper or motor home for the living, sleeping, or eating or accommodation of persons; c) the making or establishment of pits and quarries; d) the tanning or storage of uncured hides or skins; e) the boiling of blood, tripe, bones or soaps for commercial purposes; f) the manufacturing of glues or fertilizers from dead animals or from human or animal waste; g) an abattoir, livestock yard, livestock exchange, or dead stock depot; h) the keeping of exotic animals; i) the extracting of oil from fish; j) a track for the driving, racing or testing of automobiles, motorcycles, snowmobiles or any other motorized vehicles; k) a salvage or scrap yard, or the collection, storage or sale of: i) automobiles which are not in running condition; ii) partially or completely dismantled automobiles or other vehicles; or iii) parts of automobiles or other vehicles; except where the automobiles or other vehicles are accessory to a permitted automotive use; l) a disposal site for solid waste; m) the refining, storage or use in manufacturing of coal, rock, fuel, oil, natural gas, propane, burning fluids, naphtha, bensole, benzene, gasoline, dynamite, dualim, nitro-glycerin, gun powder, petroleum or any other combustible, inflammable, volatile or otherwise dangerous liquids, gases or solid materials except where specifically permitted hereby or in conjunction with a permitted industrial use. This provision shall not apply to prevent the aboveground storage of such substances where such storage is incidental and accessory to an agricultural use associated with a normal farm practice, or the use of natural gas, propane or fuel oil for domestic purposes, such as heating and cooking, in conjunction with a residential, commercial or industrial use; n) an airport or landing strip; Township of Malahide Zoning By-Law April, 2018 49 o) any use which causes the emission of corrosive gases, toxic gases, or radioactive gases or into any zone other than an M1 Zone, of electromagnetic fields, heat, glare, dust, dirt, fly ash, or smoke, or which does not comply with emission regulations as may be established from time to time by the Province of Ontario, the Government of Canada, or any agencies thereof; p) the location or storage on any land for any purpose whatsoever any railroad car or part thereof, street car or part thereof, truck body or part thereof, bus body or part thereof, whether or not the same is situated on a foundation; q) use of any land or building, except those lands appropriately zoned for the repair or servicing of motor vehicles unless such motor vehicle is owned by and registered in the name of an owner or occupant of such land or building; r) undertaking anything but minor repairs and servicing such as the changing of tires or oil, outside of a garage or other suitable building, on any motor vehicle within the Municipality, except on lands lawfully occupied and used for an motor vehicle use; s) any establishment used as an adult entertainment establishment as defined by this By- law; t) any outdoor furnace used, or intended to be used, to supply heat or hot water to any dwelling; u) any form of the following: i) Underground transmission vii) Peat extraction; of oil, gasoline, or other viii) Landfills petroleum liquid products; ix) Chemical / biological laboratories; ii) Wood preserving and x) Chemical manufacturing/industrial uses; treating; xi) Facilities generating, treating or iii) Outdoor storage of road disposing hazardous waste; salt, or other de-icing xii) Asphalt / concrete / tar plants; materials and dumping of salt laden snow; xiii) Automotive junk yards; iv) Petroleum production, xiv) Bulk fuel oil storage yards; refining and manufacturing; xv) Car washes; v) Furniture and wood xvi) Cemeteries; stripping and refining; xvii) Dry cleaning facilities; vi) Electroplaters and metal xviii) Gasoline service stations; fabricators; xix) Underground storage tanks. 4.26 PUBLIC USES With the exception of any facility used for the transmission or distribution of electricity, this By- law shall not apply to the use of any land or to the erection, alteration or use of any building or structure for the purpose of public service by a public authority or public utility as long as: a) the lot coverage, setback and yard requirements of the zone in which such land, building, or structure is located are complied with; b) no outside storage is located in a residential zone; in a yard on a lot adjacent to a residential zone; or in a yard on a lot lying opposite a residential zone. Township of Malahide Zoning By-Law April, 2018 50 4.27 RESIDENTIAL DRIVEWAYS The following regulations shall apply: a) The maximum width of a driveway, measured along the sidewalk where such exists, and along the street line shall otherwise be nine (9.0) metres. b) The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be nine (9.0) metres. c) The minimum distance between a lot line and any driveway, with the exception of a mutual or common driveway, shall be one (1.0) metre. A driveway shall, however, be allowed to intersect a lot line in accordance with the provisions of subsection d). d) The interior angle formed between the street line and the centre line of any driveway shall not be less than forty-five (45) degrees. 4.28 SATELLITE DISHES A satellite dish, other than a satellite dish having a diameter of one (1.0) metre or less and mounted on a building, structure, fence or boundary wall, may be erected and used in any zone, provided it: a) is not erected in an elevated position which exceeds the maximum height requirement for an accessory building or structure, regardless of the method of elevation used; b) complies with the requirements for an accessory building or structure of the zone in which it is located; c) is located, in the case of lands zoned Village Residential One (VR1), Village Residential Two (VR2) or Hamlet Residential (HR), in a rear yard or in an interior side yard. 4.29 SCHOOL BUS HUTS OR SHELTERS Where permitted by this By-law, a school bus hut or shelter shall: 2 a) not exceed five (5.0) m in floor area; b) not exceed three (3.0) m in height; c) not be situated closer than one (1.0) m from a lot line. 4.30 SECOND DWELLING UNITS Where in this By-law a single unit dwelling or a semi detached dwelling is listed as a permitted use in a settlement area, a second dwelling unit shall also be permitted either within that dwelling or within a building accessory to the said dwelling subject to the following: a) Where the second dwelling unit is located within a single unit dwelling or semi-detached dwelling: i) a maximum of one second dwelling unit shall be permitted; Township of Malahide Zoning By-Law April, 2018 51 ii) an independent entrance to the second dwelling unit from outside the dwelling shall be provided; iii) a minimum ceiling height of 2.0 m shall be maintained where located in a basement or cellar; iv) the dwelling unit will be situated in a basement or cellar, the finished floor level of such basement or cellar shall not be below the level of any municipal sanitary sewer or storm sewer servicing the dwelling in which such dwelling unit would be located; v) the floor area of the second dwelling unit shall not exceed 40% of the floor area of the 2 dwelling to a maximum of 75m; vi) the second dwelling unit shall not contain more than one bedroom; vii) a minimum of one parking space dedicated to the second dwelling unit shall be provided; viii) the requirements of the Ontario Building Code shall be complied with. b) Where the second dwelling unit is located within an accessory building: i) a maximum of one second dwelling unit shall be permitted ii) the requirements herein with respect to an accessory building shall be complied with; 2 iii) the second dwelling unit shall not exceed a floor area of 75 m; iv) the second dwelling unit shall not contain more than one bedroom; v) the second dwelling unit shall be connected to the municipal water supply system and the municipal sanitary sewage system where such services are available; vi) the second dwelling unit shall, where a municipal water supply system is unavailable, be connected to a private on-site water well capable of producing a minimum of 18.9 litres/minute; vii) the second dwelling unit shall, where connection to the municipal sanitary sewage system is not available, be connected to an approved private on-site sewage system; viii) a minimum of one parking space dedicated to the second dwelling unit shall be provided; ix) the requirements of the Ontario Building Code shall be complied with. Township of Malahide Zoning By-Law April, 2018 52 4.31 SETBACKS FROM COUNTY ROADS Notwithstanding any other provisions of this By-law, where a building or structure is erected or proposed to be erected adjacent to a county road, and in the absence of an established building line, the following minimum setbacks shall be provided or maintained from the centerline of such road: Name No. between and Classification Minimum Setback* Avon Drive 37 Pigram Road Belmont Road Collector 24 m Lyons Line 48 Pigram Road Belmont Road Collector 24 m Ron McNeil Line 52 Pigram Road Springfield Road Collector 24 m Glencolin Line 32 Springfield Road Springwater Road Collector 24 m Nova Scotia Line 42 Imperial Road Richmond Road Collector 24 m Richmond Road 43 Nova Scotia Line John Wise Line Collector 24 m Springfield Road 40 Nova Scotia Line Calton Line Collector 24 m Hacienda Road 32 John Wise Line Dingle Street Collector 24 m Imperial Road 73 Avon Drive Port Bruce Minor Arterial 26 m John Wise Line 45 Springwater Road Springfield Road Minor Arterial 26 m Calton Line 45 Springfield Road Richmond Road Minor Arterial 26 m *not applicable within settlement areas of Springfield and Port Bruce 4.32 SETBACKS FROM RAILWAYS The following regulations shall apply: a) No buildings or structures shall be erected or used within seventy five (75) metres of a railway right-of-way. b) Evaluation of ground-borne vibration from rail traffic shall be required within seventy five (75) metres of a railway right-of-way and evaluation of noise from rail traffic through a Noise Impact Study shall be required within one hundred and twenty (120) metres of a railway right-of-way in accordance with Ministry of the Environment and Climate Change guidelines. c) Variations to the noise and vibration standards can be made if an Environmental Noise & Vibration Study is submitted and accepted by the Township. These reports can be used as a basis for varying the standards where site specific barriers or topographical features are present which warrant changes. Specific standards can be applied through the development, consent or subdivision agreement. 4.33 SEWAGE TREATMENT PLANTS AND WASTE DISPOSAL SITES No building or structure used or intended for residential occupancy shall be erected within three hundred (300) metres of a sewage treatment plant or a waste disposal site. 4.34 SHIPPING CONTAINERS Where permitted by this By-law as an accessory use, no shipping container shall: Township of Malahide Zoning By-Law April, 2018 53 a) be erected within ten (10) metres of a lot line; b) be erected within one hundred (100) metres of a dwelling on a separate lot; c) exceed the maximum floor area and/or the maximum coverage requirement for an accessory building or structure of the zone in which it is situated; d) be erected in a front yard or an exterior side yard. 4.35 SIGHT VISIBILITY TRIANGLES Except in the General Commercial (GC) Zone, no building or structure shall be erected and no shrubs or foliage planted in such manner as to impede the vision of a motorist approaching the intersection, between a height of one (1.0) metres and three (3.0) metres above the centre line grade of intersecting roads in the triangular area bounded by the front lot line, the exterior side lot line and a line joining the points along said lines nine (9.0) metres distant from the point of intersection of the said lines. 4.36 SWIMMING POOLS AND TENNIS COURTS The following regulations shall apply with respect to the erection or use of a swimming pool or a tennis court, which is not enclosed or otherwise located within a building: a) no swimming pool or tennis court shall, except in the case of lands zoned General Agricultural (A1), be located in any yard other than in an interior side yard or a rear yard; b) no swimming pool or tennis court shall be located closer than 1.5 metres to any rear lot line or side lot line; c) no part of a swimming pool shall exceed a height of 2.0 metres above grade, exclusive of appurtenances or facilities such as diving boards or slides; d) every swimming pool shall be enclosed by a fence of at least 1.2 metres in height equipped with a gate capable of being locked and located at a distance of not less than 1.0 metre and not more than 10 metres from the pool; e) no water circulating or treatment equipment such as pumps or filters or any accessory building or structure containing such equipment, shall be located closer than 2.0 metres to any lot line. 4.37 WAYSIDE PITS AND QUARRIES, PORTABLE ASPHALT PLANTS, PORTABLE CONCRETE PLANTS Wayside pits, wayside quarries, portable asphalt plants and portable concrete plants used in conjunction with a road construction project by a public authority or its agents shall be permitted in all zones provided that any portable asphalt plant is not erected any closer than 300 metres to an institutional use or a residential use. 4.38 YARD ENCROACHMENTS AND OBSTRUCTIONS No part of any required yard shall be obstructed by any building or structure except for one or more of the following: Township of Malahide Zoning By-Law April, 2018 54 a) accessory buildings or structures specifically permitted in a required yard; b) architectural adornments including, but not necessarily limited to, sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters and roof trusses projecting not more than one-half (0.5) metre into any required yard except that no eaves of any building located within a residential zone shall be located closer than one-third (0.3) metre to any lot line; c) functional and ornamental structures including, but not necessarily limited to drop awnings, clothes poles, ornamental fountains, statues, monuments, cenotaphs, memorials, planters, garden trellis, fences, hedgerows, satellite dishes having a diameter of one (1.0) metre or less, and legal signs; d) unenclosed fire escapes or outside staircases in which the stair steps and floors are latticed in such a manner that the proportion of voids to solids is not less than two to one and in which guards consist only of hand rails and the structural members necessary to their support, and which do not project more than one and one-half (1.5) metres into any required yard; e) awnings, atriums and bay windows projecting not more than one (1.0) metre into any required yard, other than any required interior side yard, in the Village Residential One (VR1) Zone or the Village Residential Two (VR2) Zone and which do not project into any required sight visibility triangle; f) open roofed porches, uncovered decks and balconies projecting not more than three and one-half (3.5) metres into any required front yard, rear yard, exterior side yard or setback and which do not project into any required sight visibility triangle. Enclosures to any porch projecting into a required yard or setback shall be limited to one (1.0) metre in height exclusive of roof supports, but this shall not prohibit the enclosure of a porch or terrace by latticing, screening or similar method provided at least fifty percent (50%) of the surface area is open and unobstructed to the air; g) central air conditioning or heat pump units, provided that such unit is located within three (3.0) metres of the main building in a front yard or an exterior side yard, or a minimum of 1.2 metres from any other side or rear lot line; h) un-enclosed ramps for the physically challenged. Township of Malahide Zoning By-Law April, 2018 55 5.0 AGRICULTURAL ZONES GENERAL AGRICULTURAL (A1) ZONE land under active cultivation as well as non- active farmland, pasture land, woodlands, ravine lands and other natural areas despite the fact they may not be used or capable of being used for agricultural purposes. Permitted uses in the A1 zone include a broad range of agricultural activities from the cultivation of land and production of crops to the breeding, raising and care of livestock. Other uses such as forestry, riding schools, dog kennels, estate wineries and wildlife preserves are also permitted in recognition that such uses are appropriately located in the rural area and are complementary or not in conflict with agricultural uses. Lands zoned A1 are typically large, being greater than 1 ha (2.5 acres) in size. Where new agricultural parcels are proposed to be created, the minimum lot area of each parcel is 20 hectares (49.4 acres). Livestock buildings and structures and additions thereto as well as manure storage facilities are required to comply with Minimum Distance Separation II developed by the Ontario Ministry Of Agriculture, Food and Rural Affairs. SPECIAL AGRICULTURAL (A2) ZONE The Agricultural (A2) Zone is virtually identical to the General Agricultural (A1) Zone with the exception that dwellings, as well as uses which normally require, or are associated with, a dwelling, are not Official Plan. Application of the A2 zone is limited to instances involving a consent to dispose of a surplus farm dwelling on condition that any subsequent dwelling would be prohibited on the remaining lands in accordance with the Provincial Policy Statement (PPS), the County of Elgin Official Plan and the The minimum lot area of a parcel zoned A2 is the area of the parcel as of the date of registration of the lot created to dispose of the surplus farm dwelling. LARGE LOT AGRICULTURAL (A3) ZONE The Large Lot Agricultural (A3) Zone is virtually identical to the General Agricultural (A1) Zone with the exception that a minimum lot area of 40 hectares (98.8 acres) applies. It also, similar to the A1 and A2 -ove-law No. 05- 27. It is intended primarily as a means of identifying larger, contiguously owned and/or cultivated farmland parcels which may or may not be further subdivided into smaller holdings provided, amongst other matters, each parcel comprises a minimum lot area of 40 hectares. SMALL LOT AGRICULTURAL (A4) ZONE The Small Lot Agricultural Plan to parcels ranging in size from 4,000 sq. m (1 acre) to 1 hectares (2.5 acres). The A4 zone also applies to lots created by consent to dispose a surplus farm dwelling where the size of the lot is greater than 1 hectare. As a means of identifying lots in the rural area which are primarily residential in nature, it -law. Agricultural uses are permitted with the exception of fur farming and mushroom farming. The keeping of livestock is restricted to small-scale operations which are not governed by the provisions of the Nutrient Management Act. Township of Malahide Zoning By-Law April, 2018 56 5.1 PERMITTED USES, BUILDINGS AND STRUCTURES 5.1.1 Main Uses, Buildings and Structures No lands, buildings or structures shall be erected or used in the zone prescribed except for the purposes set out in the table below. A B C D USES, BUILDINGS & STRUCTURES A1 A2 A3 A4 1 agricultural use 2 agri-tourism use 3 animal kennel 4 bed & breakfast establishment 5 commercial greenhouse 6 converted dwelling 7 estate winery 8 farm produce outlet 9 farm winery 10 forestry use 11 group home 12 halfway house 13 home occupation 14 market garden 15 mushroom farm 16 plant nursery 17 restricted agricultural use 18 riding school 19 sawmill 20 seasonal farm dwelling 21 secondary farm occupation 22 single unit dwelling 23 wildlife preserve 5.2 GENERAL USE REGULATIONS 5.2.1 Standards The standards set out in the table below shall apply in the zones prescribed unless otherwise stipulated herein to the contrary. Township of Malahide Zoning By-Law April, 2018 57 D A B C A4 STANDARDS A1 A2 A3 Minimum Lot Area (ha unless otherwise indicated) 1 20 ha 20 ha 40 ha 2000 Minimum Lot Frontage (m) 2 150 150 150 30 3 15 15 15 15 Minimum Front Yard Depth (m) 4 Side Yard Width - Interior (m) 5 5 5 5 5 Side Yard Width - Interior (m) 9 9 9 9 Rear Yard Depth (m) 6 7.5 7.5 7.5 7.5 Maximum Lot Depth to Lot Frontage Ratio 7 3:1 Maximum Lot Coverage (%) 6 20 20 20 30 7 Maximum Height (m) of a Dwelling 10.5 10.5 10.5 2 8 Minimum Floor Area (m) of a Dwelling 90 90 90 2 9 Maximum Floor Area (m) of an Accessory Building 200 Maximum Number of Dwellings Per Lot 10 1 1 1 5.3 SPECIAL USE REGULATIONS 5.3.1 Accessory Buildings and Structures Accessory buildings or structures in the General Agricultural (A1) Zone, Special Agricultural (A2) Zone and the Large Lot Agricultural (A3) Zone shall be governed by the provisions of Section 5.2.1 whereas accessory buildings or structures in the Small Lot Agricultural (A4) Zone shall not: Township of Malahide Zoning By-Law April, 2018 58 a) be erected closer to the front lot line or the exterior side lot line than the minimum distance required for the dwelling on the lot; b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard; c) be erected closer to the road than the dwelling is to that road; d) be erected closer than five (5.0) metres to an interior side lot line; e) be erected closer than one (1.0) metre to a rear lot line; f) exceed the maximum floor area prescribed in Section 5.2.1; g) exceed ten (10) percent coverage of the lot area; h) exceed six (6.0) metres in height or contain more than two storeys; i) be erected within two (2.0) metres of the dwelling; j) be considered an accessory building if attached to the dwelling in any way. 5.3.2 Livestock Buildings and Structures and Manure Storage Facilities for Livestock Minimum Distance Separation (MDS II) Formulae No livestock building or structure or manure storage facility shall be erected, altered or used except in accordance with Minimum Distance Separation (MDS II) Formulae as established by the Province, as amended, and implemented under the guidelines established by the Province, as amended. 5.3.3 Dog Kennels The following provisions shall apply to dog kennels: a) minimum distance from a dwelling located on a separate lot outside a settlement area 300 m b) minimum distance from a settlement area 450 m 5.3.4 Home Occupations The following provisions shall apply to home occupations: a) shall be permitted only within a dwelling, or within an accessory building; b) the floor area of the dwelling including the basement area used for the home occupation shall not exceed twenty-five (25) percent of the floor area of the dwelling or forty (40) square metres, whichever is the lesser; c) the floor area of the accessory building used for the home occupation shall not exceed two hundred (200) square metres; Township of Malahide Zoning By-Law April, 2018 59 d) the external character of the dwelling as a residence shall not change or a nuisance, particularly in regard to noise, odour, traffic or parking shall not be created; e) outside storage shall only be permitted in an interior side yard or a rear yard provided it does not exceed a contiguous area of one hundred (100) square metres; f) the maximum number of persons engaged in the home occupation but who reside on a lot other than the lot on which the home occupation is conducted shall be limited to one (1). 5.3.5 Secondary Farm Occupations The following provisions shall apply to secondary farm occupations: a) shall be permitted within an accessory building; b) shall not exceed a maximum of three hundred (300) square metres in floor area; c) shall be located on the lot, behind and to the rear of dwelling on the lot, shall be located a maximum of fifty (50) metres from the dwelling on the lot: d) shall be located a minimum distance of one hundred fifty (150) metres from a dwelling situated on a separate lot; e) outside storage shall not exceed a contiguous one hundred fifty (150) square metres and shall be located immediately behind and to the rear of the building in which the secondary farm occupation is conducted; f) the maximum number of persons engaged in the secondary farm occupation but who reside on a lot other that the lot on which the secondary farm occupation is conducted shall be limited to three (3). 5.3.6 Single Unit Dwellings Minimum Distance Separation (MDS I) Formulae No single unit dwelling shall be erected or used except in accordance with Minimum Distance Separation (MDS I) Formulae as established by the Province, as amended, and implemented under the guidelines established by the Province, as amended. The foregoing shall not apply to the alteration of an existing dwelling or the replacement of an existing dwelling with a new dwelling provided the new dwelling is situated no closer to a livestock building or structure or manure storage facility situated on a separate lot than the dwelling being altered or replaced. 5.4 GENERAL AGRICULTURAL (A1) ZONE - 5.4.1 a) Defined Area A1- b) Permitted Uses all other permitted uses of the A1 zone Township of Malahide Zoning By-Law April, 2018 60 5.4.2a) Defined Area A1-2 as s b) Permitted Uses food processing plant restaurant all other permitted uses of the A1 zone 5.4.3 a) Defined Area A1-3 as s. b) Permitted Uses farm-related machine shop all other permitted uses of the A1 zone c) Maximum Floor Area 2 farm-related machine shop 200 m 5.4.4 a) Defined Area A1-4 as s48. b) Permitted Uses furniture finishing establishment warehouse/showroom accessory to a furniture finishing establishment all other permitted uses of the A1 zone c) Maximum Floor Area warehouse/showroom accessory to a 2 furniture finishing establishment 721 m d) Minimum Number Of Parking Spaces 2 one (1) space per 30 m of retail floor area 5.4.5 a) Defined Area A1-5 as s9. b) Permitted Uses furniture manufacturing establishment all other permitted uses of the A1 zone Township of Malahide Zoning By-Law April, 2018 61 c) Maximum Floor Area 2 furniture manufacturing establishment 214 m 5.4.6 a) Defined Area A1-6 as s52. b) Permitted Uses commercial greenhouse fruit and vegetable stand single unit dwelling 5.4.7 a) Defined Area A1-7 as 57. b) Permitted Uses private school all other permitted uses of the A1 zone c) Maximum Floor Area 2 private school 75 m d) Maximum Number of Students private school 25 5.4.8 a) Defined Area A1-8 as s58. b) Permitted Uses sale and repair of horse drawn farm machinery all other permitted uses of the A1 zone 5.4.9 a) Defined Area A1-9 as 58. b) Permitted Uses animal kennel all other permitted uses of the A1 zone c) Maximum Number of Animal Pens 40 Township of Malahide Zoning By-Law April, 2018 62 d) Minimum Separation Distance between an animal kennel and a dwelling located on a separate lot 250 m 5.4.10 a) Defined Area A1-10 as 58. b) Permitted Uses mobile home all other permitted uses of the A1 zone 5.4.11 a) Defined Area A1-11 as 58. b) Permitted Uses stove manufacturing establishment all other permitted uses of the A1 zone c) Maximum Floor Area 2 stove manufacturing establishment 557 m d) Maximum Number of Off-site Employees stove manufacturing establishment 2 e) Prohibited Uses outside storage associated with a stove manufacturing establishment 5.4.12 a) Defined Area A1-12 as 62. b) Permitted Uses storage and warehousing all other permitted uses of the A1 zone c) Prohibited Uses outside storage 5.4.13 a) Defined Area A1-13 as shown on 77. Township of Malahide Zoning By-Law April, 2018 63 b) Permitted Uses food processing plant all other permitted uses of the A1 zone 5.4.14 a) Defined Area A1-14 as show 85. b) Permitted Uses food processing plant all other permitted uses of the A1 zone 5.4.15 a) Defined Area A1-15 as s 93. b) Permitted Uses garden centre all other permitted uses of the A1 zone 5.4.16 a) Defined Area A1-16 as s 94. b) Permitted Uses landing strip all other permitted uses of the A1 zone 5.4.18 a) Defined Area A1-17 as s 46. b) Permitted Uses abattoir accessory to an agricultural use all other permitted uses of the A1 zone c) Maximum Floor Area 2 abattoir accessory to an agricultural use 300 m 5.5 SPECIAL AGRICULTURAL (A2) ZONE - Township of Malahide Zoning By-Law April, 2018 64 5.6 LARGE LOT AGRICULTURAL (A3) ZONE - 5.6.1 a) Defined Area A3-1 as s 30. b) Permitted Uses farm equipment sales and service all other permitted uses of the A3 zone 5.6.2 a) Defined Area A3-Map No. 39. b) Permitted Uses food processing plant for the purposes of the storage and treatment of fruits and vegetables two unit dwelling as an accessory use farm market accessory to an agricultural use all other permitted uses of the A3 zone c) Maximum Floor Area food processing plant for the purposes of the 2 storage and treatment of fruits and vegetables 450 m d) Maximum Floor Area farm market in an existing building accessory 2 to an agricultural use 245 m 5.6.3 a) Defined Area A3-3 as s. b) Permitted Uses agricultural home occupation for the purposes of a bakery and the production of jams and jellies, including retail sales all other permitted uses of the A3 zone c) Maximum Floor Area agricultural home occupation for the purposes of a bakery and the production of jams and jellies, 2 including retail sales 200 m Township of Malahide Zoning By-Law April, 2018 65 d) Maximum Number Of Off-site Employees agricultural home occupation for the purposes of a bakery and the production of jams and jellies, including retail sales 4 5.6.4 a) Defined Area A3-4 as sh Map No. 47. b) Permitted Uses transport truck repair facility all other permitted uses of the A3 zone c) Prohibited Uses outdoor storage in a front yard d) Maximum Number Of Transport Trucks 10 e) Maximum Number Of Full-Time Employees 1 (Non-Owner) 5.7 SMALL LOT AGRICULTURAL (A4) ZONE - 5.7.1 a) Defined Area A4- b) Permitted Uses accessory use dwelling, single unit home occupation c) Maximum Number Of Single Unit Dwellings 2 5.7.2 a) Defined Area A4-2 as shown on Sche. b) Permitted Uses breeding, caring and selling of Chinchillas all other permitted uses of the A4 zone 5.7.3 a) Defined Area A4-3 as shown . Township of Malahide Zoning By-Law April, 2018 66 b) Permitted Uses riding school all other permitted uses of the A4 zone 5.7.4 a) Defined Area A4-4 as s. b) Permitted Uses accessory use butcher shop dwelling unit 5.7.5 a) Defined Area A4-5 as s. b) Permitted Uses storage garage all other permitted uses of the A4 zone 5.7.6 a) Defined Area A4-6 as s. b) Permitted Uses high yield water well all other permitted uses of the A4 zone 5.7.7 a) Defined Area A4-7 as s. b) Permitted Uses farm equipment repair and light manufacturing single detached dwelling 5.7.8 a) Defined Area A4-8 61. b) Permitted Uses retail store, convenience dwelling unit private garage or carport as an accessory use Township of Malahide Zoning By-Law April, 2018 67 c) Maximum Number Of Dwellings 1 d) Minimum Number Of Parking Spaces retail store, convenience 5 5.7.9 a) Defined Area A4-9 as shown on Sch. b) Permitted Uses market garden all other permitted uses of the A4 zone 5.7.10 a) Defined Area A4-10 as sh. b) Permitted Uses commercial greenhouse fruit and vegetable stand market garden all other permitted uses of the A4 zone 5.7.11 a) Defined Area A4-11 as sh. b) Permitted Uses storage, maintenance and repair of transport trucks and trailers all other permitted uses of the A4 zone c) Maximum Number Of Transport Trucks And Trailers 2 d) Prohibited Uses outside storage, maintenance and repair of transport trucks and trailers Township of Malahide Zoning By-Law April, 2018 68 6.0 RESIDENTIAL ZONES VILLAGE RESIDENTIAL ONE (VR1) ZONE The Village Residential One (VR1) Zone applies exclusively to lots used or proposed to be used for single unit dwellings, duplex dwellings and semi-detached dwellings in the Village of Springfield on lands matters as lot area, frontage, setbacks from property lines, height and coverage. Lands zoned VR1 are, or are intended to be, serviced by a municipal sanitary sewage system. A municipal water supply system is as yet unavailable in the Village. VILLAGE RESIDENTIAL TWO (VR2) ZONE The Village Residential Two (VR2) Zone applies to low density residential development situated in the Village of Port Bruce. Th number of different configurations (e.g. semi-detached dwellings, duplex dwellings, converted dwellings). Group homes are also permitted. Within the VR2 zone, standards apply to such matters as lot area, frontage, setbacks from property lines, coverage and height. Standards vary based on dwelling type. Lands zoned VR2 are, or are intended to be, serviced by a municipal water supply system. A municipal sanitary sewage system is as yet unavailable in the Village. HAMLET RESIDENTIAL (HR) ZONE The Hamlet Residential (HR) Zone applies to residential development comprising single unit dwellings and converted dwellings in the recognized settlement areas of Avon, Calton, Copenhagen, Kingsmill Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners. The corresponding frontage requirements are stipulated for the creation of new lots. RURAL RESIDENTIAL (RR) ZONE Official Plan where the size of such lots does not generally exceed 4,000 square metres (approximately 1 acre). Permitted uses are restricted to single unit dwellings and converted dwellings. Bed and breakfast establishments, home occupations and other accessory uses are also permitted. The RR zone is also applied, depending on lot size, to a new lot being created by consent for the purposes of disposing a surplus farm dwelling. Within the RR zone, the minimum lot area is 2000 sq m (0.5 acres). Unlike the Small Lot Agricultural (A4) zone, the keeping of livestock is not permitted. MOBILE HOME PARK (MH) ZONE The Mobile Home Park (MH) Zone applies to lands on which a mobile home park is permitted, being the xisting mobile home parks are situated at 13488 Imperial Road (Lyons), 9339 Hacienda Road and in Port Bruce. Township of Malahide Zoning By-Law April, 2018 69 6.1 PERMITTED USES, BUILDINGS AND STRUCTURES 6.1.1 Main Uses, Buildings and Structures No lands, buildings or structures shall be erected or used in the zone prescribed except for the purposes set out in the table below. A B C D E USES, BUILDINGS & STRUCTURES VR1 VR2 HR RR MH 1 apartment dwelling 2 bed & breakfast establishment 3 boarding house or rooming house 4 community garden as an accessory use 5 converted dwelling 6 double duplex dwelling 7 duplex dwelling 8 group home 9 home occupation 10 mobile home 11 multiple unit dwelling 12 retirement home 13 second dwelling unit 14 semi-detached dwelling 15 single unit dwelling 16 townhouse dwelling 17 triplex dwelling 18 two-unit dwelling 6.2 GENERAL USE REGULATIONS 6.2.1 Standards The standards set out in the table below shall apply in the zones prescribed unless otherwise stipulated herein to the contrary. Township of Malahide Zoning By-Law April, 2018 70 A B C D E VR1 VR2 HR RR MH 2 Minimum Lot Area (m ) 1 800 1850 1850 2000 4 ha Minimum Lot Frontage (m) 2 20 25 25 30 50 Minimum Setback (m) 38 i) arterial road 3 33 ii) collector road 28 iii) local road 4 Front Yard Depth (m) 6.0 6.0 6.0 10 6.0 1 Side Yard Width - Interior (m) 5 2.0 2.0 2.0 3.0 6.0 Side Yard Width - Exterior (m) 6 6.0 6.0 6.0 6.0 7 Rear Yard Depth (m) 7.5 7.5 7.5 10 7.5 Maximum Lot Depth to Lot Frontage Ratio 8 3:1 20 9 Maximum/Minimum Density (uph) 20 10 Maximum Lot Coverage (%) 30 30 30 30 40 Maximum Height (m) 11 10.5 10.5 10.5 10.5 6.0 2 12 Minimum Floor Area (m) of a Dwelling 90 75 90 100 56 2 13 Maximum Floor Area (m) of an Accessory Building 120 120 150 200 20 14 Minimum Landscaped Open Space (%) 30 30 30 30 15 Maximum Number of Dwellings per Lot 1 1 1 1 Minimum Distance from a Dwelling to a Railway (m) 16 30 30 30 120 FOOTNOTES where the lot line is a dividing wall of a semi-detached dwelling, no minimum 1 side yard is required Township of Malahide Zoning By-Law April, 2018 71 6.3 SPECIAL USE REGULATIONS 6.3.1 Municipal Services In the VR1 and VR2 zones, no dwelling shall be erected or used unless such dwelling is connected to a municipal water supply system and/or a municipal sanitary sewage system. 6.3.2 Accessory Buildings and Structures Accessory buildings or structures shall not: a) be used for human habitation except as otherwise permitted herein for a second dwelling unit; b) be erected closer to the front lot line or the exterior side lot line than the minimum distance required for the main building on the lot; c) be erected in the front yard or, in the case of a corner lot, in the exterior side yard; d) be erected closer to the road than the dwelling is to that road; e) be erected closer than one half (0.5) metre to any lot line except that a common semi- detached private garage or carport may be centred on the mutual lot line; f) exceed the maximum floor area prescribed in Section 6.2.1; g) exceed ten (10) percent coverage of the lot area; h) exceed four and a half (4.5) metres in height or contain more than two storeys; i) be erected within one (1.0) metre of the main building; j) be considered an accessory building if attached to the main building in any way. 6.3.3 Accessory Buildings in the Rural Residential (RR) Zone Where an accessory building in the Rural Residential (RR) Zone, as a result of a consent being given, exceeds the maximum floor area for an accessory building, the said building shall be deemed to be permitted and may be used, repaired or renovated. 6.3.4 Home Occupations The following provisions shall apply to home occupations: a) shall be permitted within a dwelling or within an accessory building; b) the floor area of the dwelling including the basement area used for the home occupation shall not exceed twenty-five (25) percent of the floor area of the dwelling or forty (40) square metres, whichever is the lesser; c) the floor area of an accessory building used for the home occupation shall not exceed seventy-five (75) square metres except in the Rural Residential (RR) Zone where the floor Township of Malahide Zoning By-Law April, 2018 72 area of an accessory building used for a home occupation shall not exceed one hundred (100) square metres; d) the character of the dwelling as a residence shall not change or a nuisance, particularly in regard to noise, odour, traffic or parking shall not be created; e) mechanical equipment shall not be used, the operation of which would result in any noise, fumes, dust or odours perceptible outside the dwelling or accessory building; f) the maximum number of persons engaged in the home occupation but who reside on a lot other than the lot on which the home occupation is conducted shall be limited to one (1). 6.3.5 Single Unit Dwellings Minimum Distance Separation (MDS I) In the Rural Residential (RR) Zone, no single unit dwelling shall be erected or used except in accordance with Minimum Distance Separation I (MDS I) as established by the Province, as amended, and implemented under the guidelines established by the Province, as amended. The foregoing shall not apply to the alteration of an existing dwelling or the replacement of an existing dwelling with a new dwelling provided the new dwelling is situated no closer to a livestock building or structure or manure storage facility than the dwelling being altered or replaced. 6.4 VILLAGE RESIDENTIAL ONE (VR1) ZONE - 6.4.1 a) Defined Area VR1- No. 2. b) Permitted Uses motorcycle shop all other permitted uses of the VR1 zone 6.4.2 a) Defined Area VR1-. b) Permitted Uses construction and woodworking shop all other permitted uses of the VR1 zone 6.4.3 a) Defined Area VR1-. b) Minimum Side Yard Width 1.5 m Township of Malahide Zoning By-Law April, 2018 73 6.5 VILLAGE RESIDENTIAL TWO (VR2) ZONE - 6.5.1 a) Defined Area VR2-3. b) Permitted Uses accessory use commercial uses accessory to seasonal dwelling units one single unit dwelling on one lot 6.6 HAMLET RESIDENTIAL (HR) ZONE - 6.6.1 a) Defined Area HR-. b) Permitted Uses truck top manufacturer all other permitted uses of the HR zone 6.6.2 a) Defined Area HR-. b) Permitted Uses motor vehicle body shop as an accessory use all other permitted uses of the HR zone c) Prohibited Uses outside storage d) Maximum Floor Area 2 motor vehicle body shop as an accessory use 237.8 m e) Maximum Number of Off-site Employees motor vehicle body shop as an accessory use 3 f) Minimum Number of Parking Spaces motor vehicle body shop as an accessory use 3 g) Maximum Height Township of Malahide Zoning By-Law April, 2018 74 exhaust stack ancillary to motor vehicle body shop as an accessory use 7.62 m 6.6.3 a) Defined Area HR-. b) Permitted Uses 2 sorting and storage of scrap metals within a 98.1 m building as an accessory use all other permitted uses of the HR zone c) Prohibited Uses no scrap metals or materials associated with the business shall be stored outside, with the exception of temporary storage within a maximum of 3 trailers each having a maximum 3 volume of 17 m. 6.6.4 a) Defined Area HR-. b) Permitted Uses fruit and vegetable stand market garden one single detached dwelling 6.7 RURAL RESIDENTIAL (RR) ZONE - 6.8 MOBILE HOME PARK (MH) ZONE - 6.8.1 a) Defined Area MH- b) Minimum Lot Frontage for a mobile home site where there is a public or communal water supply 15.2 m c) Minimum Separation Distance between a mobile home site and a sewage disposal lagoon or a solid waste disposal site 185 m Township of Malahide Zoning By-Law April, 2018 75 7.0 COMMERCIAL ZONES GENERAL COMMERCIAL (GC) ZONE The General Commercial (GC) Zone applies to lands comprising the historic downtown cores in the settlement areas of Springfield and Port Bruce and desig Townshi zone, a broad range of commercial uses are permitted which, for the most part, are engaged in the selling and offering of goods and services. Also permitted are institutional uses and residential uses. Minimum setbacks do not generally apply and maximum building coverage is permitted. To ensure commercial uses remain prominent at 'street level', residential uses are restricted to locations above the first floor with the exception of free-standing multiple unit dwellings. Commercial fishing operations in Port Bruce, which were previously permitted in the Flood Fringe (FF) Zone in the ormer Zoning By-law, are --#) zoning. HAMLET COMMERCIAL (HC) ZONE The Hamlet Commercial (HC) Zone applies to lands situated in the settlement areas of Avon, Calton, Copenhagen, Kingsmill Corners, Luton, Lyons, Mount Salem, Orwell, South Gore and Summers Corners. The corresponding land use design small in scale and which are compatible with the predominantly residential character of these small settlement areas. Due to the unavailability of a municipal sanitary sewage system and a municipal water supply system, minimum lot areas apply to the creation of new lots. RURAL COMMERCIAL (RC) ZONE The Rural Commercial (RC) Zone applies to lands situated outside of the designated settlement areas in the rural area of the Township. It applies to non-agriculturally related commercial uses prohibit such uses due to their potential incompatibility with agriculture and their impact on the loss of agricultural land for non-agricultural related purposes. In addition, a range of vehicular- oriented commercial uses are permitted which rely upon large lot areas to accommodate building coverage, off-street parking, outside storage and display. Unlike the compact commercial development which is characteristic of the settlement areas, minimum setbacks are applied to ensure, amongst other matters, adequate building setbacks, on-site landscaping and parking. HIGHWAY COMMERCIAL (HWC) ZONE The Highway Commercial HWC) Zone applies to existing commercial uses outside of Springfield and Port Bruce and outside of the designated hamlets. It also applies to lands situated at the periphery of Springfield fronting on Highway No. 3. The HWC Zone permits a wide range of commercial uses which typically seek out sites on well travelled highways and county roads with ample on-site parking for the purpose of meeting the needs of the motoring public. LOCAL COMMERCIAL (LC) ZONE The Local Commercial (LC) Zone applies to lands situated within both urban and rural (light assembly and fabrication) are permitted, that is, uses that generally fall between the characteristics of a home Township of Malahide Zoning By-Law April, 2018 76 occupation and a full scale commercial or industrial use. The types of uses include craft and tourism type businesses, bed and breakfast establishments and other hobby establishments which are small in scale and non-noxious, non-intrusive and generally do not generate high volumes of vehicular traffic. To encourage owner/operator occupancy of these establishments, a single unit dwelling is permitted as an accessory use to the main permitted uses in the LC Zone. 7.1 PERMITTED USES, BUILDINGS AND STRUCTURES 7.1.1 Main Uses, Buildings and Structures No lands, buildings or structures shall be erected or used in the zone prescribed except for the purposes set out in the table below. A B C D E USES, BUILDINGS & STRUCTURES GC HC RC HWC LC 1 animal clinic 2 animal hospital 3 art gallery 4 auction sales establishment 5 bake shop 6 banquet hall 7 bed & breakfast establishment 8 boarding house or rooming house 9 building supply outlet * 10 bulk sales establishment 11 car wash 12 13 clinic 14 club 15 commercial fishing operation * 16 17 custom workshop 18 drive-through restaurant 19 dry cleaning establishment 20 dwelling unit as an accessory use 21 farm equipment sales & service 22 farm fuel sales 23 fitness centre 24 flea market 25 funeral home 26 garden centre 27 gas bar 28 hotel 29 institutional use 30 laundry establishment 31 library 32 light assembly and fabrication 33 market garden Township of Malahide Zoning By-Law April, 2018 77 A B C D E USES, BUILDINGS & STRUCTURES GC HC RC HWC LC 34 micro brewery 35 mini-storage warehouse 36 mobile food outlet 37 motor vehicle body shop 38 motor vehicle repair garage 39 motor vehicle sales establishment 40 motor vehicle service establishment 41 multiple unit dwelling 42 museum 43 office, business or professional 44 parking lot 45 personal care establishment 46 personal service establishment 47 place of entertainment or amusement 48 private school 49 restaurant 50 retail store 51 retail store, convenience 52 service shop single unit dwelling as an accessory 53 use 54 take-out restaurant * permitted only in site-specific zones 7.2 GENERAL USE REGULATIONS 7.2.1 Standards The standards set out in the table below shall apply in the zones prescribed unless otherwise stipulated herein to the contrary. A B C D E STANDARDS GC HC RC HWC LC 2 800 4000 1 Minimum Lot Area (m) 1850 4000 1850 30 2 Minimum Lot Frontage (m) 20 25 40 30 Minimum Setback (m) i) arterial road 38 38 38 3 ii) collector road 33 33 33 iii) local road 28 28 28 4 6.0 4 Front Yard Depth (m) 6.0 6.0 10 15 5 15 4 2.0 Side Yard Width - Interior (m) 5 4.5 2.0 5.0 5.0 5 5.0 4 Side Yard Width - Exterior (m) 6.0 6 6.0 10 9.0 5 9.0 Township of Malahide Zoning By-Law April, 2018 78 ABCDE STANDARDS GC HC RC HWC LC 7.5 7.5 Rear Yard Depth (m) 7 7.5 7.5 7.5 3.0 3.0 Maximum Lot Coverage (%) 60 40 40 40 40 8 Maximum Height (m) 12 12 12 12 10.5 9 2 Maximum Floor Area (m) 929 10 (all floors) FOOTNOTES where the yard abuts a residential zone 3.0 m on one side and 1.0 m on the other side all other cases lands situated in settlement areas lands situated outside settlement areas 7.3 SPECIAL USE REGULATIONS 7.3.1 Accessory Buildings and Structures Accessory buildings and structures shall not: a) be erected closer to the front line or a side lot line than the minimum distance required for the main building or structure on the lot; b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard; c) be erected closer than one (1.0) metre to any lot line; d) exceed ten (10) percent lot coverage; e) exceed four and one half (4.5) metres in height or contain more than two storeys. 7.3.2 Convenience Retail Stores Convenience retail stores shall not exceed a floor area of greater than 300 square metres. 7.3.3 Dwelling Units General Commercial (GC) Zone On lands zoned General Commercial (GC): a) dwelling units and multiple unit dwellings as an accessory use shall only be permitted if located within and above the ground floor of the building in which it is situated. b) dwelling units as an accessory use shall have a minimum lot area of 460 square metres per unit in addition to the minimum lot area requirement of Section 7.2.1. Township of Malahide Zoning By-Law April, 2018 79 7.3.4 Front Yard Depth - General Commercial (GC) Zone On lands zoned General Commercial (GC), no minimum front yard depth shall be required on lands fronting along Ron McNeil Line between Inverness Street and Springfield Road 7.3.5 Gatehouses and Kiosks A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10) square metres in floor area shall be permitted in any required setback, front yard or exterior side yard. 7.3.6 Existing Single Unit Dwellings The alteration of an existing single unit dwelling or the erection or alteration of buildings accessory thereto shall be permitted in accordance with the regulations of the Rural Residential (RR) Zone. 7.3.7 Outside Storage Outside storage as an accessory use shall not: a) be permitted in a front yard except for sales displays of vehicles, equipment or machinery; b) be permitted within any required yard; c) be permitted within three (3.0) metres of a lot line; d) exceed twenty-five (25) percent of the area of the lot on which it is located. 7.3.8 Minimum Lot Area Drive-through Restaurants a) on corner lots zoned General Commercial (GC) 1500m² 7.3.9 Minimum Lot Frontage Drive-through Restaurants 30 m 7.4 GENERAL COMMERCIAL (GC) ZONE - 7.4.1 a) Defined Area GC-1 as . b) Permitted Uses one single unit dwelling all other permitted uses of the GC zone 7.4.2 a) Defined Area GC-. Township of Malahide Zoning By-Law April, 2018 80 b) Permitted Uses three ground floor dwelling units all other permitted uses of the GC zone 7.4.3 a) Defined Area GC-. b) Permitted Uses building supply outlet 7.4.4 a) Defined Area GC-. b) Permitted Uses retail store for carpeting and home furniture all other permitted uses of the GC zone 7.5 HAMLET COMMERCIAL (HC) ZONE - 7.5.1 a) Defined Area HC- b) Permitted Uses garden centre 7.6 RURAL COMMERCIAL (RC) ZONE - 7.6.1 a) Defined Area RC-1 as shown . Township of Malahide Zoning By-Law April, 2018 81 b) Permitted Uses antique shop all other permitted uses of the RC zone 7.6.2 a) Defined Area RC-2 as s. b) Maximum Number of Vehicles motor vehicle sales establishment 10 7.6.3 a) Defined Area RC-3 as shown on S. b) Maximum Number of Vehicles motor vehicle sales establishment and motor vehicle repair garage 8 7.6.4 a) Defined Area RC-4 as s. b) Permitted Uses aircraft hangar farm equipment sales and service one dwelling unit as an accessory use motor vehicle repair garage c) Maximum Number of Vehicles motor vehicle repair garage 20 7.6.5 a) Defined Area RC-5 as s. b) Permitted Uses furniture warehouse all other permitted uses of the RC zone Township of Malahide Zoning By-Law April, 2018 82 7.6.6 a) Defined Area RC-6 as s. b) Permitted Uses tire storage all other permitted uses of the RC zone 7.6.7 a) Defined Area RC-7 as s. b) Maximum Number of Vehicles motor vehicle sales establishment 10 7.6.8 a) Defined Area RC-8 as s. b) Permitted Uses bakery food processing retail store and wholesale outlet accessory to a bakery and food processing all other permitted uses of the RC zone 7.6.9 a) Defined Area RC-9 as s. b) Permitted Uses pottery shop all other permitted uses of the RC zone 7.6.10 a) Defined Area RC-10 as s. b) Maximum Number of Vehicles motor vehicle sales establishment and motor vehicle service establishment 6 Township of Malahide Zoning By-Law April, 2018 83 7.6.11 a) Defined Area RC-11 as sh. b) Maximum Number of Vehicles motor vehicle sales establishment 40 7.6.12 a) Defined Area RC-. b) Permitted Uses pneumatic and hydraulic pumps sales and service all other permitted uses of the RC zone 7.6.13 a) Defined Area RC-. b) Permitted Uses car wash furniture stripping and repair all other permitted uses of the RC zone 7.6.14 a) Defined Area RC-. b) Permitted Uses commercial aviary all other permitted uses of the RC zone 7.6.15 a) Defined Area RC- b) Maximum Number of Vehicles motor vehicle sales establishment 8 Township of Malahide Zoning By-Law April, 2018 84 7.7 HIGHWAY COMMERCIAL (HWC) ZONE - 7.7.1 a) Defined Area HWC-1 No. 54. b) Permitted Uses retail food store including catering and take-out restaurant one dwelling unit all other permitted uses of the HWC zone c) Maximum Floor Area 2 permitted commercial uses 330 m 7.7.2 a) Defined Area HWC-2 as s. b) Permitted Uses duplex dwelling all other permitted uses of the HWC zone 7.7.3 a) Defined Area HWC-. 44. b) Permitted Uses transfer site for recycled materials all other permitted uses of the HWC zone 7.7.4 a) Defined Area HWC- b) Permitted Uses truck terminal all other permitted uses of the HWC zone c) Storage and Parking Restrictions for Commercial Vehicles A maximum of 35 commercial vehicles are permitted to be stored, parked or serviced. Commercial vehicles shall include, but not be limited to, transport truck cabs or trailers, where each truck cab or each truck trailer shall count as one commercial vehicle. Township of Malahide Zoning By-Law April, 2018 85 7.7.5 a) Defined Area HWC- b) Permitted Uses petroleum sales and storage all other permitted uses of the HWC zone 7.8 LOCAL COMMERCIAL (LC) ZONE - Township of Malahide Zoning By-Law April, 2018 86 8.0 INDUSTRIAL ZONES GENERAL INDUSTRIAL (M1) ZONE The General Industrial (M1) Zone applies to lands used for small-scale industrial purposes in -scale industrial uses in the Village of Springfield and zone, a wide range of industrial uses are permitted as well as certain commercial uses that are considered compatible with industrial areas or share or shops, industrial uses, machine shops and motor vehicle repair garages and warehouses. Standards apply with respect to lot area, lot frontage, setbacks from property lines and lot coverage. Buffering, landscaping, surface drainage, parking areas and similar features are usually addressed separately as a matter of site plan control. RURAL INDUSTRIAL (M2) ZONE The Rural Industrial (M2) Zone applies to non-agriculturally related commercial and industrial uses in the rural area of the Township. A range of industrial uses are permitted including bulk machine shops and service shops. A dwelling unit is permitted as an accessory use. Similar to the RC zone, the M2 zone applies to non- agriculturally related industrial and industrial-like uses largely in existence prior to the adoption incompatibility with agriculture and their impact on the loss of agricultural land for non-agricultural related purposes. Standards apply with respect to lot area, lot frontage, setbacks from property lines and lot coverage. Buffering, landscaping, surface drainage and parking areas are usually addressed separately as a matter of site plan control. FARM INDUSTRIAL (M3) ZONE The Farm Industrial (M3) Zone applies primarily to agriculturally related commercial and include abattoirs, agricultural sales establishments, feed mills, grain handling facilities and livestock marketing yards. A dwelling unit is permitted as an accessory use. The Official Plan where it is necessary that they be in close proximity to agricultural operations or where the potential for conflict makes such uses unsuited to settlement areas. Standards apply with respect to lot area, lot frontage, setbacks from property lines and lot coverage. Buffering, landscaping, surface drainage and parking areas are usually addressed separately as a matter of site plan control. EXTRACTIVE INDUSTRIAL (M4) ZONE The Extractive Industrial (M4) Zone applies to pits and quarries licensed under the Aggregate Resources Act Permitted uses are generally limited to licensed pits and quarries. Other uses permitted include agricultural uses and forestry. Matters associated with the actual operation of a licensed pit (e.g. truck haul routes, hours of operation, limits of excavation, buffering, rehabilitation) are specified as part of the pit licensing requirements. Township of Malahide Zoning By-Law April, 2018 87 8.1 PERMITTED USES, BUILDINGS AND STRUCTURES 8.1.1 Main Uses Buildings and Structures No lands, buildings or structures shall be erected or used in the zone prescribed except for the purposes set out in the table below. A B C D USES, BUILDINGS & STRUCTURES M1 M2 M3 M4 abattoir 1 agricultural sales establishment 2 agricultural use 3 animal hospital 4 auction sales establishment 5 building supply outlet 6 bulk sales establishment 7 car wash 8 9 custom workshop 10 dog pound 11 * dry cleaning establishment 12 dwelling unit as an accessory use 13 factory outlet as an accessory use 14 farm equipment sales & service 15 farm fuel sales 16 feed mill 17 fertilizer plant 18 food processing plant 19 forestry use 20 grain handling facility 21 industrial use 22 livestock marketing yard 23 machine shop 24 micro brewery 25 mini-storage warehouse 26 motor vehicle body shop 27 motor vehicle repair garage 28 motor vehicle service establishment 29 outside storage 30 pit or quarry 31 propane transfer facility 32 salvage yard 33 * sawmill 34 service shop 35 sewage treatment plant 36 * truck terminal 37 warehouse 38 waste disposal site 39 * * only in site-specific zones Township of Malahide Zoning By-Law April, 2018 88 8.2 GENERAL USE REGULATIONS 8.2.1 Standards The standards set out in the table below shall apply in the zones prescribed unless otherwise stipulated herein to the contrary. A B C D STANDARDS M1 M2 M3 M4 2 Minimum Lot Area (m) 1 800 4000 4000 4000 Minimum Lot Frontage (m) 2 30 30 30 150 Minimum Setback (m) i) arterial road 38 38 3 ii) collector road 33 33 iii) local road 28 28 Front Yard Depth (m) 15 15 15 4 Lot Depth (m) 30 5 15 15 15 Side Yard Width (m) 6 7.5 7.5 7.5 15 15 15 Rear Yard Depth (m) 7 7.5 7.5 7.5 Maximum Lot Coverage (%) 8 40 40 40 20 Maximum Height (m) 9 12 12 12 12 Minimum Landscaped Open Space (%) 10 10 10 10 FOOTNOTES where the yard abuts a residential zone all other cases refer Section 8.3.6 8.3 SPECIAL USE REGULATIONS 8.3.1 Accessory Buildings and Structures Accessory buildings and structures shall not: a) be erected closer to the front line or a side lot line than the minimum distance required for the main building or structure on the lot; b) be erected in the front yard or, in the case of a corner lot, in the exterior side yard; c) be erected closer than one (1.0) metre to any lot line; d) exceed ten (10) percent lot coverage; e) exceed four and one half (4.5) metres in height or contain more than two storeys. 8.3.2 Buffer Strip Buffer strips shall be established as follows: Township of Malahide Zoning By-Law April, 2018 89 a) Where a lot or portion thereof in the General Industrial (M1) Zone abuts a lot or portion thereof in any residential zone, a strip of land not less than three (3.0) metres in width adjacent to the lot or portion thereof zoned for residential purposes shall not be used for any other purpose other than a buffer strip. b) Where a lot or portion thereof in the Extractive Industrial (M4) Zone abuts a lot or portion thereof in any residential zone, institutional zone, or open space zone, a strip of land not less than thirty (30) metres in width adjacent to the lot or portion thereof zoned for residential, institutional or open space purposes shall not be used for any other purpose other than a buffer strip. 8.3.3 Dwelling Units A dwelling unit as an accessory use shall: a) have a minimum floor area of forty (40) square metres; b) be located within or be contiguous to the main building; c) be used as the residence of the owner or operator; or an employee of the owner or operator of the main use which it is accessory to; d) be limited to a maximum on one (1) on a lot. 8.3.4 Gatehouses and Kiosks A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10) square metres in floor area shall be permitted in any required setback, front yard or exterior side yard. 8.3.5 Factory Outlet A factory outlet as an accessory use shall not: a) exceed thirty-five (35) percent of the total floor area of the main building; b) exceed a maximum floor area of thirty (30) square metres. 8.3.6 Minimum Setbacks Extractive Industrial (M4) Zone Minimum setbacks shall be established as follows: a) for the excavation of a pit from a lot line 15 m b) for the excavation of a pit from a street or road allowance 30 m c) for the excavation of a pit from any occupied dwelling, residential zone or institutional zone 90 m Township of Malahide Zoning By-Law April, 2018 90 d) for buildings, plants, structures or product stockpiles accessory to the pit and located on the pit property from a lot line 30 m e) for buildings, plants, structures or product stockpiles accessory to the pit and located on the pit property from any occupied dwelling, residential zone or institutional zone 90 m 8.3.7 Outside Storage Outside storage as an accessory use shall not: a) be permitted within any required yard; b) exceed seventy-five (75) percent of the area of the lot on which it is located. 8.4 GENERAL INDUSTRIAL (M1) ZONE - 8.4.1 a) Defined Area M1-. b) Permitted uses meat processing facility retail meat store as an accessory use one dwelling unit or one mobile home as an accessory use 8.5 RURAL INDUSTRIAL (M2) ZONE - 8.5.1 a) Defined Area M2-. b) Maximum Floor Area 2 auto body shop 301 m 8.5.2 a) Defined Area M2-2 as s. b) Permitted uses salvage yard Township of Malahide Zoning By-Law April, 2018 91 8.5.3 a) Defined Area M2-3 as s. b) Permitted uses motor vehicle sales establishment paving contractor 8.5.4 a) Defined Area M2-4 as s. b) Permitted uses agricultural sales establishment auction sales establishment building supply outlet bulk sales establishment dwelling unit as an accessory use farm equipment sales and service feed mill machine shop mini-storage warehouse motor vehicle repair garage outside storage sawmill service shop truck terminal warehouse 8.5.5 a) Defined Area M2-5 as shown . b) Permitted uses manufacturing of cook-stoves all other permitted uses of the M2 zone 8.5.6 a) Defined Area M2-6 as s. b) Permitted uses salvage yard all other permitted uses of the M2 zone Township of Malahide Zoning By-Law April, 2018 92 8.5.7 a) Defined Area M2-7 as s. b) Permitted uses salvage yard all other permitted uses of the M2 zone 8.5.8 a) Defined Area M2-8 as shown . b) Permitted uses manufacturing of nails all other permitted uses of the M2 zone 8.5.9 a) Defined Area M2-9 as s. b) Permitted uses farm equipment sales and service truck storage and repair pepper grading terminal storage and warehousing woodworking shop fitness centre accessory to an existing livestock sales barn and marketing yard all other permitted uses of the M2 zone c) Maximum Floor Area fitness centre accessory to an existing livestock 2 sales barn and marketing yard 214 m 8.5.10 a) Defined Area M2-10 as s. b) Permitted uses accessory uses plastic products manufacturing one mobile home as an office or as supplementary housing accessory to the industrial use 8.5.11 a) Defined Area M2-11 as sho. Township of Malahide Zoning By-Law April, 2018 93 b) Permitted uses manufacturing of wood products all other permitted uses of the M2 zone 8.5.12 a) Defined Area M2-. b) Permitted uses welding shop office accessory to a welding shop c) Maximum Floor Area 2 welding shop 853 m office accessory to a welding shop d) Maximum Floor Area 2 office accessory to a welding shop 102 m 8.5.13 a) Defined Area M2- b) Permitted uses painting and restoration of portable propane tanks c) Maximum Floor Area building used for the painting and restoration 2 of portable propane tanks 930 m 8.5.14 a) Defined Area M2- b) Permitted uses motor vehicle sales establishment as an accessory use all other permitted uses of the M2 zone c) Maximum Number of Vehicles motor vehicle sales establishment as an accessory use 8 8.5.15 a) Defined Area M2-15 as s. Township of Malahide Zoning By-Law April, 2018 94 b) Permitted uses sewage treatment plant 8.5.16 a) Defined Area M2-16 as s. b) Permitted uses sewage treatment plant 8.6 FARM INDUSTRIAL (M3) ZONE - 8.6.1 a) Defined Area M3-1 as shown on S. b) Permitted Uses motor vehicle repair garage all other permitted uses of the M3 zone 8.6.2 a) Defined Area M3-2 as sho. b) Permitted Uses commercial welding and machine shop commercial use as an accessory use metal fabricating shop for agricultural equipment one dwelling unit as an accessory use c) Outside Storage Outside storage shall be restricted to that portion of the rear yard which does not form part of the required rear yard. d) Minimum Off-Street Parking Spaces 30 8.7 EXTRACTIVE INDUSTRIAL (M4) ZONE - Township of Malahide Zoning By-Law April, 2018 95 9.0 INSTITUTIONAL, OPEN SPACE & PUBLIC UTILITY ZONES INSTITUTIONAL (I) ZONE The Institutional (I) Zone applies to, and may be found in, virtually all land use designations in the Township's Official Plan where an institutional use either exists or is proposed. A range of institutional uses is permitted ranging from municipal buildings, places of worship, schools, group homes, nursing and rest homes and facilities owned and operated by a non-profit organization. Uses similar in character to institutional uses (e.g. funeral homes) are also permitted. Standards apply with respect to lot area, lot frontage, setbacks from property lines and lot coverage. OPEN SPACE (OS) ZONE The Open Space (OS) Zone applies to and may be found in virtually all land use designations parks and outdoor recreational purposes and cemeteries where buildings and structures are limited. The use of lands zoned OS for residential purposes is restricted to those situations where accommodation is necessary for a caretaker whose presence is required on-site. Certain open space uses (e.g. campgrounds or trailer parks, golf courses, paintball parks) are not permitted as-of--specif PUBLIC UTILITY (U) ZONE The Public Utility (U) applies to lands throughout the Township occupied by a utility station which, by definition, includes a water or sewage pumping station, a water storage reservoir, an electric power transformer station, a telephone repeater station and a micro-wave tower. These and similar infrastructure facilities is Plan. The use of land by the Township, the County of Elgin, the Catfish Creek Conservation Authority, the Kettle Creek Conservation Authority, the Long Point Region Conservation Authority and other public authorities and public utilities are permitted, however, in any zone subject to the general provisions of the By-law regarding public uses. The Township may however, from time to time and subject to the requirements of the Planning Act, zone such lands Public Utility (U) for identification purposes as part of a general or 'housekeeping' amendment to the Zoning By- law. 9.1 PERMITTED USES, BUILDINGS AND STRUCTURES 9.1.1 Main Uses, Buildings and Structures No lands, buildings or structures shall be erected or used in the zone prescribed except for the purposes set out in the table below. Township of Malahide Zoning By-Law April, 2018 96 A B C USES, BUILDINGS & STRUCTURES I OS U 1 agricultural use 2 banquet hall campground or trailer park 3 * cemetery 4 clinic 5 club 6 community centre 7 conservation area 8 day care centre 9 dwelling unit as an accessory use 10 fairgrounds 11 forestry use 12 funeral home 13 golf course 14 * group home 15 half-way house 16 institutional use 17 library 18 marina 19 * museum 20 paintball park 21 * place of worship 22 private park 23 private school 24 public park 25 public school 26 recreational facilities 27 * retirement home 28 target range 29 single unit dwelling as an accessory use 30 utility station 31 wildlife preserve 32 * only in site-specific zones 9.2 GENERAL USE REGULATIONS 9.2.1 Standards The standards set out in the table below shall apply in the zones prescribed unless otherwise stipulated herein to the contrary. Township of Malahide Zoning By-Law April, 2018 97 A B C STANDARDS I OS U 1850 2 Minimum Lot Area (m) 1 550 30 Minimum Lot Frontage (m) 2 Minimum Setback (m) 38 38 38 i) arterial road 33 33 33 3 ii) collector road 28 28 28 iii) local road 6.0 6.0 1.0 4 Front Yard Depth (m) 15 2.0 7.5 1.0 Side Yard Width - Interior (m) 5 5.0 6.0 1.0 Side Yard Width Exterior (m) 6 9.0 7.5 71.0 Rear Yard Depth (m) 7 7.5 Maximum Lot Coverage (%) 8 40 20 9 Maximum Height (m) 12 10.5 Minimum Landscaped Open 10 30 Space (%) FOOTNOTES within a settlement area outside a settlement area 9.3 SPECIAL USE REGULATIONS 9.3.1 Accessory Buildings and Structures Accessory buildings and structures shall not: a) be erected closer to the road than the minimum setback required for the main building to that road; b) be erected closer to the front lot line or a side lot line than the minimum distance required for the main building or structure on the lot; c) erected in the front yard or, in the case of a corner lot, in the exterior side yard; d) be erected closer than one (1.0) metre to any lot line; Township of Malahide Zoning By-Law April, 2018 98 e)exceed ten (10) percent lot coverage; f) exceed four and one-half (4.5) metres in height or contain more than two (2) storeys; g) be erected within two (2.0) metres of the main building. 9.3.2 Dwelling Units A dwelling unit as an accessory use shall: a) have a minimum floor area of forty (40) square metres; b) be located within or be contiguous to the main building; c) be used as the residence of the owner or operator, or an employee of the owner or operator of the main use which it is accessory to; d) not exceed twenty-five (25) percent of the total floor area of the main building in which it is located. 9.3.4 Gatehouses and Kiosks A gatehouse, kiosk or similar structure accessory to a main use and not more than ten (10) square metres in floor area shall be permitted in any required setback, front yard or exterior side yard. 9.3.5 Single Unit Dwellings as an Accessory Use A single unit dwelling as an accessory use shall only be permitted where the size of the lot exceeds one thousand (1,000) square metres over and above the minimum lot area requirement of Section 9.2.1. 9.4 INSTITUTIONAL (I) ZONE - 9.4.1 a) Defined Area I-1 as shown on Schedule . b) Permitted Uses motor vehicle repair garage and vehicle inspection station all other permitted uses of the I zone 9.4.2 a) Defined Area I-. b) Prohibited Uses retirement home Township of Malahide Zoning By-Law April, 2018 99 9.5 OPEN SPACE (OS) ZONE - 9.5.1 a) Defined Area OS-1 as sh. b) Permitted Uses agricultural use all other permitted uses of the OS zone 9.5.2 a) Defined Area OS-2 as s. b) Permitted Uses conservation area 9.5.3 a) Defined Area OS-3 b) Permitted Uses mobile home park c) Maximum Number of Mobile Homes 8 9.5.4 a) Defined Area OS-4 as s O1 and Map No. O2. b) Permitted Uses marina all other permitted uses of the OS zone. 9.5.5 a) Defined Area OS-5 , Map No. O4. b) Permitted Uses campground or trailer park all other permitted uses of the OS zone Township of Malahide Zoning By-Law April, 2018 100 9.5.6 a) Defined Area OS- b) Permitted Uses campground or trailer park existing single unit dwelling office addition to an existing single unit dwelling accessory to a campground or trailer park pole barn for storage purposes accessory to a campground or trailer park all other permitted uses of the OS zone. 9.6 PUBLIC UTILITY (U) ZONE - Township of Malahide Zoning By-Law April, 2018 101 10.1 CONFLICT WITH OTHER BY-LAWS Where a provision of this By-law conflicts with a provision of another by-law in force in the Township, the provision that establishes the higher standard shall prevail. 10.2 REPEAL OF EXISTING BY-LAWS All previous by-laws passed under Section 34 of the Planning Act 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. 10.3 MINOR VARIANCES AND PERMISSIONS Notwithstanding Section 10.2 of this By-law to the contrary, where a minor variance or permission has been granted under Section 45 of the Planning Act or a predecessor thereof from one or more of the permitted uses or standards of the Township of Malahide Zoning By- law No. 05-27, as amended, the variance or permission granted shall be deemed to continue to be in effect, and the use of lands or the erection of any building or structure to which said variance or permission applies shall be deemed to conform and comply with the permitted uses and standards of this By-law. 10.4 SEVERABILITY In the event that any clause or provision of this By-law, including anything contained in the attached schedules, is for any reason, deemed ultra vires by any Court of competent jurisdiction, the same shall not affect the validity of the By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, provisions, and clauses or this By-law shall remain in full force and effect. 10.5 EFFECTIVE DATE This By-law shall come into force on the day it is passed subject to the provisions of the Planning Act. Read a FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL on this 5th day of April , 2018. f1 7 r , r I/ / \iliCaLAD'OULeieje-AA-(%)LeWLe-AO tpV OR CLERK Township of Malahide Zoning By-Law April 2018 102 CLASSIFICATIONSYMBOLCLASSIFICATIONSYMBOL AGRICULTURAL ZONESINDUSTRIAL ZONES GENERAL AGRICULTURALA1GENERAL INDUSTRIALM1 SPECIAL AGRICULTURALA2RURAL INDUSTRIALM2 LARGE LOT AGRICULTURALA3FARM INDUSTRIALM3 SMALL LOT AGRICULTURALA4EXTRACTIVE INDUSTRIALM4 RESIDENTIAL ZONESOTHER ZONES RURAL RESIDENTIALRRINSTITUTIONAL I HAMLET RESIDENTIALHROPEN SPACE OS VILLAGE RESIDENTIALONEVR1PUBLIC UTILITY U VILLAGE RESIDENTIALTWOVR2 MOBILE HOME PARKMHHOLDING SYMBOL H-# COMMERCIAL ZONES GENERAL COMMERCIALGC HAMLET COMMERCIALHC RURAL COMMERCIALRC HIGHWAY COMMERCIALHWC LOCALCOMMERCIALLC LANDS IDENTIFIED AS PROVINCIALLY SIGNIFICANT WETLANDS BY THE MINISTRY OF NATURAL RESOURCES AND FORESTRY.Applications for building permits within these areas and within 120 metres of these areas will be referred to the Catfish Creek Conservation Authority pursuant to Ontario Regulation 146/06,the Kettle Creek Conservation Authority pursuant to Ontario Regulation 181/06,or the Long Point Region Conservation Authoritypursuant to Ontario Regulation 178/06for any required permissionor approval prior to issuance of a building permit by the Township. Changes to these areas may occur without being reflected on the Zone Maps. LANDS REGULATED BY THE CATFISH CREEKCONSERVATION AUTHORITY PURSUANT TO ONTARIO REGULATION 146/06, THE KETTLE CREEK CONSERVATION AUTHORITY PURSUANT TO ONTARIO REGULATION 181/06 AND THE LONG POINT REGION CONSERVATION AUTHORITY PURSUANT TO ONTARIO REGULATION 178/06.These areas include flood prone lands, valley land hazards and adjacent lands associated with provincially and locally significant wetlands. Applications for building permits within these areas will be referred to theconservation authority having jurisdiction for any required permission or approval prior to the issuance of a building permit by the Township. Changes to these areas may occur without being reflected on the Zone Maps. LANDS IDENTIFIED AS LOCALLY SIGNIFICANT WETLANDS BY THE MINISTRY OF NATURAL RESOURCES AND FORESTRY.Development and site alteration are not permitted in these areas. Within 30 metres of these areas, development and site alteration may be permitted where it has been demonstrated (customarily by an environmental impact study commissionedby and paid for by the land owner / proponent and submitted to the Muncipality), (2) that there will be nonegative impacts on the wetland or its ecological functions. Applications for building permits within these areas and within 30 metres will be referred to the Conservation Authority having jurisdiction for any required permission or approval prior to the issuance of any building permit by the Township. Changes to these areas may occur without being reflected on the Zone Maps.