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HomeMy WebLinkAboutTIV 84 003 Comprehensive Zoning By-Law Village of Tiverton . . . - ~ ~~. ~ "'o..QCu-~ COMPREtENSIVE ZONING BY-LAW NO. 84-3 OF THE VILLAGE OF TIVERTON .. TEXI NAME: tlverton {K}l-': o..naeXJ U,j ... SECTION 1 2 3 4 5 6 6. 1 6. 2 6. 3 6.4 6.5 . 6. 6 6. 7 6. 8 6. 9 6. 10 6. 11 6. 12 6. 13 6. 14 6.15 6. 16 6.17 6. 1 B 6.19 6.20 6.21 6.22 6.23 6.24 6. 25 6.26 . ZONING BY-LAW NO. 84-3 OF THE VILLAGE OF TIVERTON INDEX TIT LE APPLICATIUN OF BY-LAW INTERPRETATION (TEXT) ADMINISTRATIVE PROVISIONS DEFINITIONS GENERAL PROVISIONS /~ 0- " Lo (y pq- Penni tted Uses in all Zones Making or Establishment of Pits and Quarries Non-Conforming Uses Non-Complying Uses Frontage on a Public Street Established Building Line Setback External Design Thro ug h Lo ts Yards and Open Space to be Reserved Ex cept io ns to Max im un He ig ht Reg ul atio ns Dwelling Units Below Grade Watercourse Setbacks - Sewage Systems Penni tted Yard Encroachments Plan tin g Ar e a s Off-Street Parking Reg ulations Lo ad ing Reg ul ations Sight Visibility Triangles on Corner Lots Red uc tio n 0 f Requ ir emen ts Open Storage Regulations Accessory Uses Accessory Residential Uses Home Occupation - Domestic and Household Arts Building and Structure Setbacks from County Road Rights-of-Way Signs Zoning of Flood Susceptible Lands Fencing of Privately Owned Outdoor Swirrrning Pools / bY ~~/ ~~r T E X T N A ME: t i v er ton ( R ) P: ( in d ex ) 04 . . . SECTION 7 ESTABLISHMENT OF ZONES 8 GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES - R 9 PROVISIONS FOR RESIDENTIAL ZONE 1 (Detached Residential) - R1 ~ ~,~ 10 PROVISIONS FOR RESIDENTIAL ZONE 5 (Mobile Home Residential) - R5 11 PROVISIONS FOR RESIDENTIAL ZONE 6 (Low Density Multiple Family Residential) - R6 12 PROVISIONS FOR RESIDENTIAL lONE 7 (Medium Density Multiple Family Residential) - R7 13 GENERAL PROVISIONS FOR ALL COMMERCIAL ZONES - C 14 PROVISIONS FOR COMMERCIAL ZONE 1 (Business District Commercial) - C1 15 PROVISIONS FOR COMMERCIAL ZONE 3 (Highway Commercial) - C3 16 GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES - M PROVISIONS FOR LIGHT INDUSTRIAL ZONE 4 ( L i g h t I nd us t ria l) - M 4 18 PROVISIONS FOR INSTITUTIONAL ZONE - I 17 19 PROVISIONS FOR OPEN SPACE ZONE 1 - OS1 (Gen eral Open Spac e) - OS 1 ) 20 PROVISIONS FOR ALL AGRICULTURAL ZONES - A 21 AGRICULTURAL ZONE 1 (General Agricul tural) - A 1 22 AGRICULTURAL ZONE 2 (Restricted Agricultural) - A2 23 PROVISIONS FOR PLANNED DEVELOPMENT ZONE - PO 24 PROVISIONS FOR ENVIRONMENTAL HAZARD ZONE - EH 25 ENACTMENT - .<II EXTNAME: tiverton (R)P: 05 CORPORATION OF THE VILLAGE OF TIVERTON . COMPREHENSIVE ZONING BY-LAW NO. 84-3 A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of land and the erection and use of certain buildings and structures in the Village of Ti v er to n . Whereas the Council of the Corporation of the Village of Tiverton considers it advisable to restrict the use of land and the erection of buildings and structures on land situated within the Vi 11 ag e 0 f Ti v er to n . And whereas authority is granted under Section 34 of The Planning Act, 1983, to the Council of the Village of Tiverton, to exercise such powers. 'Now therefore the Council of the Corporation of the Village of Tiverton enacts as follows: SECTION 1 - TITLE This By-law may be cited as "The Zoning By-law of the Corporation of the Village of Tiverton". ~SECTION 2 - APPLICATION OF BY-LAW No building or structure shall hereafter be erected or altered, and the use of any building, structure or lot shall hereafter not be changed in whole or in part except in conformity with the provisions of this By-law. SECTION 3 - INTERPRETATION (TEXT) 3.1 The particular shall control the general. 3.2 The word "shall" is mandatory and not discretionary. and the word "may" is permissive. 3.3 Words used in the present tense shall include the future. and words us ed in t: he sing ul ar numb er shall i ncl ude the pI ur a1 and the pI ur al sha 11 inc Iud e the si ng ul aI', un less the context clearly indicates the contrary. 3.4 A "building" or "structure" includes any part thereof. SECTION 4 - ADMINISTRATIVE PROVISIONS 4.1 APPLICATIONS, PLANS ANO PERMITS . 4.1.1 In addition to all the requirements of the Corporation's Building By-law or any other By-law of the Corporation, every appl ication for a fEXTNAME: tiverton (R)P: 06 I. building permit shall be accompanied by a plan (prepared by an Ontario Land Surveyor if deemed . necessary) in duplicate, (one copy of which shall be retained by the Chief Building Official) drawn to scale and showing the following: a) The tr u e d im en s ion s 0 f the lot to b e b u 11 t upon or otherwise used; and b) The proposed location, height and dimensions of any building, structure or use proposed for such lot, and c) The proposed locations and dimensions of any yards, setback, landscaped open space, off-street parking and loading facilities required by this By-law, and d) The location of all ex ist ing bui ld ing sand structures on the lot, and e) A statement signed by the owner, disclosing the exact use proposed for each aforesaid building., structure or use and giving all information necessary to determine if such proposed or existing building, structure or use conforms to the requirements of this By-law. . 4.1.2 No building permit shall be issued where the proposed building, structure or use would be in violation of any of the provisions of this By-law. 4.1.3 In addition to all other requirements of the Corporation, every application for a building permit shall be made in compliance with the Ontario Building Code Act, 1980, as anended or succeeded. 4.2 INSPECTION OF PREMISES The Chief Building Official or Zoning Administrator or any officer or employee of the Corporation, upon producing proper identification. may enter at all reasonable times to ins p e c tan d ex an in e any b u i 1 din g 0 r pr em is e s for wh i c h a permit or order has been issued and no officer or person acting under his instruction shall enter any room or place used as a dwelling unit without the consent of the owner or without a warrant issued pursuant to The Provincial Offences Act. . 'EXTNAME: tiverton (R)P: 07 4.3 VIOLATIONS AND PENALTIES . a) 'Every person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, i) on a first conviction to a fine of not more than twenty thousand dollars ($20,000). and il) on a subsequent conviction to a fine of not more than ten thousand dollars ($10,000) for each day or part thereof upon which the contravention has continued after the day on which he/ she first was convicted. b) Where a corporation contravenes any of the provisions of this By-law, the maximun penalty that may be imposed is i) on a first conviction to a fine of not more than fifty thousand dollars ($50,000). and ii) on a subsequent conviction a fine of not more than twenty-five thousand dollars ($25,000) for each day or part thereof upon which the contravention continued after the day on which the corporation was first convicted. . cJ Every such fine shall be recoverable under the proceedings in front of a Court of competent jurisdiction. 4.4 RE /"EDlES a) In case any building or structure is, or is proposed to be erected, altered, reconstructed, extended or enlargoo, or any building or structure (or part thereof) is, or is proposed to be, used in contravention of any requirenent of this By-law, Buch contravention may be restrained by action at the insistence of any ratepayer of the Corporation. b) Where a person guilty of an offence under this By-law has been directed to ranedy any violation and is in default of doing any matter or thing required, such matter or thing shall be done at his/her expense. cJ Where a person has refused or neglected to reimburse the Corporation for the cost of such work. thing or matter done, the same may be recovered by the Corporation in like manner as municipal taxes. . TEXTNAME: tiverton (RlP: 08 . . . dl Where any By-law of the municipality, passed under the authority of the Planning Act, is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the By-law, the Court in which the conviction has been entered, and any court of ccmpetent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person or persons convicted. 4.5 VALIDITY If any section, clause or provlslon of this By-law, including anything contained in the schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause or provision or portion of the schedules so declared to be invalid and all remaining sections, clauses or provisions and schedules of this By-law shall remain in full force and effect until repeale:i, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 4.6 LICENCES, PERMITS AND OTHER BY-LAWS Nothing in this By-law shall exempt any person from ccmplying with the requirements of the Building By-law or other By-law in force with the Corporation or from obtaining any licence, permission, permit, authority or approval required by this or any other By-law of the Cor porat ion unl ess here ina fter spec i fic all y s ta too . " 4.7 GREATER RESTRICTIONS OF OTHERS TO GOVERN Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a goveroment authority having jurisdiction to make such restriction. 4.8 HEALTH APPROVAL Where the issuance of a permit for a building or structure or change of use of an existing building or structure may affect any sewage system either on the subject lands or adjacent lands or any water supply, no building permit shall be issued for such building or structure unless the building permit application is accompanied by approval in writing from the Ministry of the Environment or its designated agent, the Bruce County Health Unit, for the proposed method of sewage disposal and water supply. rEXTNAME: tiverton (RlP: 09 4.9 '.. . ~ . . METRIC AND IMPERIAL MEASUREMENTS All measurement figures used in the By-law shall be metric measurement. The approximate imperial or linear equivalents to the metric measur9Tlents used in this By-law are shown in brackets following each such metric measuranent and are provided for information purposes only and do not form part of this By-law. TEXTNAME: tiverton (R)P: 10 SECTION 5 - DEFINITIONS . For the purposes of this By-law. the definitions and interpretations given in this Section shall govern. 5.1 "ACCESSORY" when used to describe a use. building or structure means a use. building. or structure subord inate. incidental and exclusively devoted to the main use. building or structure located on the same lot therewith and not designed or intended for human habi tation. unless specifically permitted by this By-law. 5.2 "AGRICULTURAL USE" means the use of land. buildings and structures for the growing of field crops. berry crops. tree crops, for flower gardening. and truck gardening, for nurseries and aviaries. apiaries, for farms for the grazing. breeding. raising. boarding or training of livestock, the breeding and raising of poultry, for forestry and ,reforestation, and incl udes the sale of such produce. crops. livestock. or poultry on the same lot. and may include a detached dwelling accessory to the above. but shall not include kennels or liquid manure storage facilities. . 5.3 "AGRICULTURAL USE. I~TENSIVE" means the predominant economic use of land. buildings or structures for the growing of mushrooms. a commercial greenhouse or the raising of one specific type of livestock in. where applicable. a certain type of housing situation. in a manner in which the number of animal units per year would be greater than those listed in the following table: . CoLU MN 1 CoLU MN 2 COLUMN No. of Animal Units Per Year Type of Livestock Type of Housing Beef Ca ttl e 1) open feedlot wit h b ar n ii) total confinanent 31 36 Turkey broilers No tap p lie ab 1 e 36 Chicken broilers Not appl icabl e 42 oa i r y Ca t tIe i) free stall ii) tie stall iii)10058 housing 36 38 . 31 28 31 36 La y i ng Hen s i) c ag ed i 1) fl oor ho us i ng No t a ppl ic abl e . Hen s (br sed i ng flocks) Pullets Not applicable 36 .... rEXTNAME: tiverton (R)P: 11 COLU JYN 1 COLU JYN 2 COLU~ ,., Type of Livestock Type of Housing No. of Animal Units Per Year Hogs (feeder) Not appl icable 23 Hogs (dry sows) No t applIcable 25 Horses Not a ppl 1c able 23 Mink Not a p p 1 i c ab 1 e 23 Rabbits Not a p p 1 1 c ab 1 e 31 Roasters Not appl icabl e 36 Sheep Not appl lc abl e '36 Veal Ca Ive s (white) Not appl icable 25 i. Any combination of livestock types shall constitute an intensive farm if a value greater than one (1) is obtained by using the following calculations: a) divide the number of animal units of each type of livestock by the figure given in column 3 preceding. add the resul ting figures. b) (an example calculation precedes Section 5.6 of this By-law) 5.4 "ALTER" when used in reference to a building or part thereof, means to change anyone or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to decrease the width, depth, or area of any required yards, setback, landscaped open space or parking area. to change the location of any boundary of such lot with respect to a street or lard, whether such alteration i 9 mad e b y con v e ya n ceo I' a lie n at ion 0 fan y po r t ion 0 f s aid lot, or otherwise. The word "altered" and "alteration" shall have a corresponding meaning. 5.5 . "ANIMAL UNIT" means the number of that kind of livestock or poultry that would provide an anount of manure containing 66 to 77 kilograms (150 to 170 pounds) of nitrogen or that amount of manure sufficient to provide the nitrogen requirements of one acre of corn. The number of livestock and poultry that would produce 1 animal unit is as follows: TEXT NAME: tiverton (R)P: 12 Type of Livestock or Poultry Animal Basis (365 days) .. 1 Dairy cow (plus calf) 1 Beef cow (plus calf) 1 an imal uni t 1 an imal un it 1 Bull 1 animal unit 1 Ho r s e 1 an im a1 un it 4 Sheep (plus lanbs) 1 an imal uni t 4 Sows (plus litter to weaning) 1 an im al un it 125 laying hens 1 an im al un i t 100 female mink (plus associated males and kits) 1 animal unit Market B as is (as marketed 2 Beef feeders (gain 181-499 kg) (400-11001b.J 1 animal unit 4 Beef feeders (gain 181-340 kg) (400-750 lb.) 1 an im al un it . 4 Beef feeders (gain 340-499 kg) ( 750 -1100 lb.) 1 animal unit 1 5 hog s (g a in 1 B - 90 kg) (40-200 lb.) 1 an imal un it 1000 broiler chickens or roasters (1.8-2.2kg) (4-5 lb.) 1 animal unit 300 Turkey broilers (5-5.5 kg) (11-12 Ib) 1 an im al un it 150 Heavy turkey hens (6.5-9 kg) (19-20 lb.) 1 an im a 1 un i t 100 Heavy turkey toms (13.5-14.5 kg.) (30-32 lb.) 1 an imal un it 40 veal calves (gain 40.8-136 kg) (90-300 lb.) 1 an im al un it 1000 pullets 1 an im al un it . TEXTNAME: tiverton (R)P: 13 . i) EXAMPLE OF INTENSIVE AND NON-INTENSIVE AGRICULTURAL USES Non-Intensive a fann has 16 cows (dairy) and markets 150 feeder hogs per year 16 cows.. 16 animal units (i.e. 1 cow'" 1 animal unit) 150 hogs = 10 animal units (i.e. 15 hogs.. 1 animal unit) Divide 16 by 31 (no. of animal units of dairy cattle in a loose housing situation considered to be intensive for the purposes of this By -law) Divide 10 by 23 (no. of animal units of hogs (feeder) consider to be intensive for the purposes oft his By - 1 a w) 16 divided by 31 equals 0.516 and 10 divided by 23 .. 0.435 added together 0.516 + 0.435 equals 0.951 0.951 is less than 1- therefore the farm is not an intensive fann for the purposes of this By-law. . ii) Intensive a fann has 20 cows (dairy) and markets 195 hogs per year 20 cows = 20 animal units (l.e. 1 cow" 1 animal unit) 195 hogs", 13 animal units (l.e. 15 hogs.. 1 animal unit) D 1 v ide 20 by 31 ( no. 0 fan im a 1 un 1 t s 0 r d air y cows in a loose housing situation considered to be intensive for the purposes of this By-law) Divide 13 by 23 (no. of animal units of hogs considered to to be intensive for the purpose of this By -law) 20 divided by 31 -,0.645 and 13 divided by 23 '" 0.565 added together 0.645 + 0.565" 1.21 1.21 is greater than 1 and therefore is an intensive agricultural use for the purposes of this By-law. . NOTE: The above examples are for clarification and convenience and do not form part of this By-law. . TEXT NAME: tiverton (R)P: 14 5.6 . 5.7 5.8 . 5.9 5.10 S. 11 5.12 . 5.13 "ATTACHED" when used in reference to a building, means a building otherwise complete in itself which depends for structural support or canplete enclosure upon a division wallar division walls shared in common with adjacent build ing or build ings. "AUTOMOTIVE REPAIR ESTABLISHMENT" means a building and/or lot used for the display and sale of new or used motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of motor vehicles, the sale of automotive acc essorieB and reI ated prod uc ts and the leasing or renting of motor vehicles, but shall not include any other automotive use defined in this By-law. "AUTOMOBILE SERVICE STATION" means a lot, building or structure, where such goods are sold and suoh minor services are provided as are essential to the running operation of motor vehicles and may include the selling of refreshments to the travelling public by way'of vending machines, and may include a coffee shop, but does not include a retail store, an automobile repair shop, the business of selling cars or other vehicles, and does not include a mechanical or coin-operated car washing establishment excepb that cars may be washed by the operator or an employee of the station with or without the aid of semi-automatic equipnent. "AUTOMOTIVE SALES ESTABLISHMENT" means a building and/or lot used for the display and sale of new or used motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of motor vehicles, the sale of automotive accessories and related vehicles, but shall not include any other automotive use defined in this By-law. "AUTOMOBILE CAR WASH" means a build ing or structure used solely for the washing and cleaning of motor vehicles and may include the sale of fuels to motor vehicles, but shall not include any other automotive use defined in this By-law. "AUTOMOTIVE WRECKING ESTABLISHMENT" means a building and/or lot used for the wrecking or dismantling of motor v ehic I es and for the storag e and sal e 0 f scrap mater ial , sa Iv ag e and parts ob ta in ad there fran, but s hall not include any other automotive use defined in this By-law. "BASEMENT" means the portion of a building between two floor revels which is partly below finished grade level but which has at least fifty per cent of its height from finished floor to finished ceiling above adjacent finished grade level for at least seventy-five (75) per cent of the bui I ding per im eter . "BUILDING" means a structure having a roof, supported by columns or walls and used for the shelter or accommodation of persons, an imals, goods or chattels. ILLUSTRATION OF CELLAR AND BASEMENT DEFINITION STOREY STOREY FINISHED GRADE A _f_ A FLOOR _1_ -f- _C_ ....0... 'Q:o", ()Q c:5~..Od~'. <;).'>:::l B '(Yo '';:-:. "oooo.'ft.. 0.0'.. '0:'" 0 ",.:~... R:\' ~ .~ " .'D. 0:. .. "...-"'II,,-.~,....'..-.. .t\..~ 'lit e flf"'\.-.r--... r"'" o.............."'..o()o. <..>,,"'Co... .. <:> ....0'. o. '\:). 'r,; 'C:3o~"'g:.""" . .a~d~I:lO~"l~Oa .,:.0'."0",,' o'~'o' ". ",,<$'(\C>(1 l:)'o. . l 0 o'~. .<::). . O.\J 'to'.r:-:."c;.do.'~ .oo:~~oP,".d~ItQ~c;C).a..a~ ~~ _ . : G ~:,.~..~~. .~.DC::.? G.... ~.-:T"G Q-_t;>o:otl .... 0'.... .. .~QO.Q.ri ~()Go..~('\~'";-i_D\)~G,"",.O ~~,..,..s.... o...C\~.o^<:;:). " . ... .Q.\).~~ ""~",.!-P.... !..C?~ JQ'~'O'O' p::>....cl.o FLOOR '~..CfJ""!o. '0 .. '-' .....O'() 0." :->0'0.0. ..:.,;~h.;';:.D~.. ~ __0:"''':-.'':-. n ;:., WHEN ''A'' IS LESS THAN "B" THEN "e" IS A WHEN '~' IS GREATER THAN "e" THEN "e" 1$ A CELLAR . BASEMENT NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE AND 00 NOT FORM PART OF THIS BY-LAW 1-.:1 TEXT NA ME: t i v er to n ( R ) P: 1 6 5. 14 ~. 5.15 5. 16 5.17 5.1 B . 5. 19 5.20 5. 21 5.22 5. 23 . "BUILDING BY-LAW" means any by-law of the Corporation reg ulating the erection, al teration and repair of buildings, for the time being in force and shall include the Ontario Building Code and, where applicable, the Property Standards By-law. "BUILDING, MAIN" DR "MAIN STRUCTURE" means the building or structure in which is conducted the principal use of the lot on which it is situated. For clarity a dwelling accessory to an agricultural use is not a "main building" for the purposes of this By-law. "BUILDING SETBACK" means the minimum horizontal distance between a defined 1 ine and the nearest part of any building or structure on the lot. "BUSINESS OR PROFESSIONAL OFFICE" means any building or part thereof in which one or more persons ara employed in the managEment, direction or conducting of an agency, business, brokerage, labour or fraternal organization. "CAMPGROUND" means a lot used for not more than seven (7) ~hs in any consecutive ten (10) month period, for the par king and us e 0 f tr av el trail ers, ten t- trail ers, ten t s or similar transportable accommodation, but not including a mobile home as defined in this By-law. "CA MPGROUND SI TE" mean s a parc el of 1 and wi th in a canpground intended for occupancy by travel trailers, tents, campertrailers and similar recreation vehicles together with all yards and open space defined in this By-law but shall not include a mobile home. "CARPORT" means a covered structure attached to the wall of the main building and used for the storage of passenger motor vehicles. The roof of said structure shall be supported only by piers or columns so that 50% of its wall area adjacent to the lot line is unenclosed. "CELLAR" means the portion of a building between two floor levels which has more than fifty per cent of its height from finished floor to finished ceiling below adjacent finished grade level for at least seventy-five (75) per cent of the building perimeter. "CENTRELINE" means the centreline of the right-of-way. "CHIEF BUILDING OFFICIAL" means the officer or Employee of the Corporation for the time being charged with the duty of enforcing the provisions of the Building By-law of the Corporation. TEXTNAME: tiverton (R)P: 17 5. 24 . 5.25 5.26 5.27 . 5.28 5.29 5.30 5.31 5.32 . "CHURCH" means a building dedicated to religious worship and may include a church hall, church auditoriUll, Sunday school', convent, monastery, parish hall or synagogue or mos que. . ( a) "CLINIC" means a building in which two (2) or more rooms are used by the health care professions and their staff for the purpose of consultation, diagnosis and office treatment of human patients, but does not include a hospital. Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories, phannacies and dispensaries directly associated with the clinic. (b) "CLINIC, VETERINARIAN" means a building in which two (2) or more rooms are used by a veterinary surgeon for the treatment of diseases and inj uries of d omest ie and other an imal s. "CLUB, PRIVATE" means a building or part of a building or lot used as a meeting place for members of a chartered organization and shall include a lodge, a labour union hall, snownobile club, curling club, and a skeet range clubhouse. "COMMERCIAL USE" means the use of land, building or structure for the purpose of offices or retail buying or selling of commodities but does not include uses for ware-housing, wholesaling, manufacturing or assembling of goods, or a shopping centre. "CORPORATION" means the Corporation of the Village of Tiverton. "COUNCIL" means the Municipal Council of the Corporation. "COUNTY" means the Corporation of the County of Bruce. "COURT" means with respect to a motel or hotel, an open area bounded on all sides by buildings and used for such uses as a passive recreational area, swimming pool and deck, and children's play area. "DAY NURSERY" means a pranises that receives more than five children who are not of common parentage, primarily for the purpose of providing t811porary care, or guidance. for a continuous period not exceeding twenty-four hours. and that is 1 icensed pursuant to the Day Nurseries Act. as anended or succeeded. and that is not, i) part of a publ ic school. separate school. private school for trainable retarded children under the Ed ucat ion Act, ii) a children's mental health centre under the Children's Mental Services Act. TEXTNAME: tiverton (R)P: 16 5.33 . 5.34 5.35 5.36 . .' "DRIVEWAY" means a vehicular passageway having at least one endthereof connected to a publ ic thoroughfare, and providing ingress to and/or egress from a lot. "DRY CLEANER'S DISTRIBUTION STATION" means a building used for the purpose of receiving articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere and for the pressing and distribution of any such articles or goods which have been subjected to any such process. "DRY CLEANING ESTABLISHMENT" means a building, or part thereof where dry cleani;;g-:-dry dyeing, cleaning or pressing of articles or goods of fabric is carried on and in which no noise, vibration funes or odours causes a nuisance or inconvenience within or without the pranises. and shall include a dry cleaner's distribution station. as defined by this By-Law. "DWELLING" ( a) "0 WELLING UNIT" mean s two or more roans used or intended for the domestic use of one or more individuals living as a single house-keeping unit. with COOking. living. sleeping and sanitary facilities and a cottage dwelling unit shall have a similar meaning but shall be limited to non- permanent occupancy. (b) "DETACHED D\<ELLING" means a separate dwelling unit constructed for permanent use and containing only one dwelling unit and occupied by one or more per sons . (c) "COTTAGE DWELLING" means a detached dwelling unit constructed and used as a secondary place of resid enc e for seaso nal v ac atio ns and recreational purpose. and not as the principal residence of the owner or occupant thereof and is not intended for permanent occupancy. notwithstanding that it may be designed and/or constructed for year round or permanent human habitation. (d) "SEMI-DETACHED DWELLING" means one of a pair of attached single dwelling units constructed for permanent use with a common masonry wall dividing the pair of dwelling units vertically. each of which has an independent entrance either directly frcm the outside or through a common vestibule. I IYI!ES. SINGLE. HOUSEkEEPING . UNIT DETACHED UNIT UNIT A UNIT B SEMI DETACHED UNIT A DUPLEX UNIT B , NOTE. THE ILLUSTRATIONS ARE FOR CONVENIENCE AND CLARIFICATION AND DO NOT FORM PART OF THIS BY- LAW. TR I PLEX UNIT A UNIT B OR UNIT A UNIT B UNIT C UNIT C ') TOP VIEW U~ U,IT A UNIT UNIT C 0 rlfES. OR FOUR PLEX UNIT UNIT II B OR UNIT C UNIT D · SIDE VIEW SIDE VIEW TOWNHOUSE UNlTA UNITS UNITe UNITD UNITE UNIT A UNrT8 UNITe UNIT 0 UNIT E TOP VIEW SIDE VIEW MAISONETTES TOP VI EW APARTMENTS f '" UNIT A UNITB UNITe UNITD UNIT [ UNITF - - TOP VI EW THE ABOVE ILLUSTRATIONS ARE: NOTE' FOR CLARIFICATION AND CONVENIENCE AND DO NOT FORM PART OF THIS BY-LAW. SIDE VIEW l I I 1- EXTNAME: tiverton (R)P: 21 . ( e) "DUPLEX DWELLING" means the whole of a dwelling unit constructed for pennanent use that is divided horizontally into two separate dwelling units, each of which has an independent..~ntrancB"either directly from the outsidepr,'t'hrough a common vestibule. (f) ~TRIPLEX" means a ~~ilding whi~~ is divided horizontally or vertically into' three separate dwelling units each of which has an independent entrance, either directly or through a common vestibule. (g) "FOURPLEX" means a building which consists of two attached duplex dwellings, or a building containing only two storeys exclusive of basement, divided vertically into four dwelling units with either one or two complete walls in common with adjoining units and an independent entrance, either directly or through a common vestibule. ( h) "CONVERTED DWELLING" means a dwelling unit, constructed for pennanent use, which has as well been converted so as to prov id ether ein 0 ne additional dwelling unit provided the main dwelling unit was erected prior to the passing of the By-law and further any changes or alterations to the dwelling do not increase its area, height or volume or extend beyond the exterior limit of the existing building. . (i) "BOARDING OR LODGING HOUSE OR 8EO AND BREAKFAST ESTABLISHMENT" means a dwelling unit, containing not more than ten guest rooms or maintained for the accommodation of the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or without meals for three or more persons but does not incl ude any other establishment otherwise defined or classified in this By-law. (j) "OWELLING UNIT, BACHELOR" means a dwelling unit. designed for the use of one person. (k) "TOWNHOUSE"'means a building that is divided vertically into five 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. . TEXT NAME: tiverton (R)P: 22 . 5.37 . 5.38 5.39 5.40 . (1) "MAISONETTE" means a building that is divided \i'Brtically into five or more dwelling units each of which has independent entrances one to a common corridor and the other directly to an outside yard area adjacent to the said dwelling unit. (m) "APARTMENT" means a building consisting of five or more dwelling units, which units have a common entrance from the street level and the occupants of which obtain access to their dwelling units through common halls. "ERECT" when used in this By-law includes building, construction, reconstruction and relocation and, without limiting the generality of the word, also includes: (a) any preliminary physical operation, such as excavating, filling or draining, (b) altering any existing building or structure by an addition, enlargement, extension or other structural change. and (c) any work for .the doing of which a building permit is required under the Ontario Building Code. "ERECTED" and "ERECTION" shall have a corresponding mean ing . "EXISTING", unless otherwise indicated, means existing on the date of passing of this By-law. "EXTERNAL DESIGN" means the arrangement and/or pattern of materials forming the exterior of a building or structure. "GARAGE, PRIVATE" means a detached accessory building or portion 0 fad well i ng de sign ed and used for the s hel tel' i ng of private motor vehicles, travel trailers, boats, and the storage of household equipnent incidental to the residential occupancy and in which no business, occupation 'or serv ice is cond uc tad . TEXTNAME: tiverton (R)P: 23 . 5. 41 5.42 5.43 5.44 . "GENERAL STORE" means a retail establishment which deals primaril y in goods required by the residents of the immediate vicinity to meet their day-to-day household and s ho p ping need s . "GOLF COURSE" means a public or private area operated for the purpose of playing golf and Incl udes a driving range but does not include a miniature golf course unless such miniature golf course is operated on the same property as an accessory use. "GRADE" when used with reference to a building or structure, means the average finished ground elevation immediately adjoining the wallar walls in question or the base of the structure exclusive of any artificial emb ankment. When used wi th reference to a street, "grad e" means the finished elevation of such street, road or highway as establishment by the Corporation or other authority having jurisdiction. "GROSS FLOOR AREA" means the total of the floor areas of the storeys 0 fall b ui ld ing son a 1 at and shall inc 1 ud e the floor area of an.y basement, apartment or areas common to the tenants which floor areas are measured between exterior faces of the exterior walls of the building at each floor level, but excluding car parking areas within the build ing and, for the purpose of this paragraph, the walls of an inner court area and shall be deemed to be exterior walls, or from the centreline of the common wall separating two buildings or other structures. 5.45 "GROUND FLOOR AREA" means the maximum area of a building measured to the outside walls at grade. excluding in the case of a dwelling house. any private garage, carport. porch, verandah, or sun room (unless such sun room is habitable at all seasons of the year). unfinished attic. basement or cellar. . 5.46 "GUEST ROOM" means a room or suite of rooms to be used or maintained for the accommodation of the public. 5.47 . "HEIGHT" when used with reference to a building or structure. means the vertical distance between the average grade at the front of such building or structure to the highest point therein exclusive of any ornamental dome. chimney, tower. cupola, steeple, church spire. water storage tank, electrical apparatus. television or radio antenna, satellite transmission receiving dish or structure for the mechanical equipnent required for the operation of such building or structure. Without limiting the generality of the foregoing, the highest point shall be taken as: ( a) in the cas e 0 f a f I a t I' oaf, the hi g he s t po in t 0 f the roof'surface or parapet, which ever is the greater. ~ ILLUSTRATION OF BUILDING HEIGHT DEFINITIONS SURFACE IC__L FLAT ROOF RIDGE EAVE GABLE ROOF FRONT SIDE RIDGE 'i ~ r EAVE H ____1_-- HIP ROOF FRONT SIDE RIDGE '% .~ EAVE H ____1___ I GAMBREL ROOF FRONT SIDE RIDGE ROOF DECK LINE r EAVE H ____1___ MANSARD ROOF FRONT SIDE H -HEIGHT OF BUILDING NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE ONLY ANO 00 NOT FORM PART CF nus BY- LAW ~ ~. " TEXT NAME: tiverton (R)P: 25 .- 5.48 5.49 5.50 . ( b) ( c) in the case of a mansard roof, the deck roof line. in the case of a gable, hip or ganbrel roof, the mean heights between the eaves and ridge. Where the height is designated in terms of storeys it mean s the d esig nated mrnber of storeys above and incl ud ing the first storey. "HOME OCCUPATION" means any occupation for gain or support COiiducted entirely within a dwelling unit. ItHOTEL It mean s an y ho tel, tavern, inn, 1 odg e, or pub 1 ic house in one main building or in two or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnished sleeping accommodation of not less than ten bedrooms and includes all premises licensed under the Liquor License 'Act and permanent staff accommodation, but does not i ncl ud e an y 0 t her es tabl i s hmen t ot herwi se de fin ed or 'classified in this By-law. "INDUSTRIAL USEIt means the use of any land, building or structure for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, storing or adapting for sale any goods, substance, article or thing, or any part thereof, and the storage of building and construction equipment and materials, as distinguished from the buying and selling commodities and the supplying of personal services. 5.51 ItINoUSTRY, NON-EFFLUENT PRODUCING" means an industry where the manufacturing process does not include or require direct consumption of water and where the only waste water discharges are from auxiliary facilities such as washrooms, the indirect cooling of machinery and/or the pressure testing of equipment. . 'EXTNAME: tiverton (R)P: 26 5.52 . 5.53 5.54 5.55 5.56 . 5.57 . "KENNEL" means a place where dogs or other household pets other than poultry are bred and raised and are sold or kept for sale or boarded. "LANDSCAPED OPEN SPACE" means the open unobstructed space on a lot accessible from the street on which the lot is located and which is suitable for the growth and maintenance of grass, flowers, bushes and other 1 andscaplng and Incl udes any surfaced walk, patio, planting area, or similar area but does not include any driveway or ranp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. "LANE" means a public or private access not more than nine metres (thirty feet) in width which affords a secondary means of access to abutting property. "LODGE" means one main building and/or two or more buildings used mainly for the purpose of catering to the need of the tourist and travelling public by supplying food and furnishing, sleeping accommodation, and recreation facilities, and staff accommodation, but does not include any other establishment otherwise defined or classified in this By-law. "LOT" (i) means a parcel of land or contiguous parcels of land under one ownership, having frontage on a publ ic street and whic his d escr ib ed in a deed or other docLment legally capable of conveying an in t er est i n 1 a nd and w h i chi s {) n r e cord in the Registry Office or Land Titles Office for the Bruce Registry Division. or (ii) shown as a lot or block on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purposes of this paragraph does not include a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of SUbdivision under a by-law passed pursuant to Section 49 (4) of The Planning Act,19B3 or a predecessor thereof. "LOT AREA" means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water, or marsh or between the rim of the banks of a river or watercourse, provided that only the lot area lying within the zone in which a proposed use is permitted may be used in c al cuI ating the m in im un lot ar ea und er the provisions of this By-law for such permitted use. In the case of corner lots having a street line rounding of a radius six metres (twenty feet) or less, the lot area of such lot shall be calculated as if the lot lines were produced to their point of intersection. TEXT NAME: t iv erto n (R JP: 27 . . . 5. 56 5.59 5.60 5. 61 5. 62 5. 63 5.64 5.65 5.66 "LOT, CORNER" means a lot situated at the intersection of two or more streets or two parts of the same street of which the two adjacent sides upon the street line or street lines include an angle of not more than one hundred and thirty-five (135 J degrees and where such adj acent sides are curve:i. the angle included by the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents of the street lines drawn through the extremities of the interior lot lines. "LOT COVERAGE" means that percentage of the total lot area covered by buildings or structures, including accessory buildings or structures, above finished grade level. "LOT DEPTH" means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are parallel. "lot depth" means the length of a straight line joining the middle of the front lot line with the mi<-1(jlt~ o~ th6 t'9,1r L"'t litH~. ,,"hUl thrH'" i!'t n,' t'J'."" l"t line, "lot depth" means the length of a straight line joining the middle of the front lot line with the apex of the triangle fonned by the side lot lines. "LOT FRONTAGE" means the horizontal distance between the side lot lines, suct; distance being measured perpendicularly to a line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines at the minimum distance from the front lot line at which erection of buildings or other structures is permitted by this By-law. "LOT. INTERIOR" means a lot other than a corner lot and having frontage on one street only. "L 0 T L I N E" mea n san y b 0 un d ar y 0 f a lot. "LOT LINE, FRONT" in the case"of an interior lot, means the line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deened a side lot line. In the case of a through lot, the lot line which provides the principal means of access shall be deemed to be the front lot line and opposite lot line shall be the rear lot line. "LOT LINE. REAR" means the lot 1 ine farthest from and opposi te to the front lot 1 ine. "LOT LINE. SIDE" means any lot line other than a front lot line or rear lot line. LOT . ILLUSTRATION OF DEFINITIONS .. ...........-... R:IfId'~ - ..... . __ WI .... LeT FRONTAGe , , ~o, 'IIOIlTU( IIUSUlIlO DI< UN( '(IlI'(NDteU~AR TO 'H( LIN( JOtNINI TII( MOO fIO'N' or 'HONT lOT llN( TO Uu Of nllNILl 'OHII(O IT 'N( SIII( LOT Ullt:, LDT IlO HUI UlT U. . ,_, lOT ~.. ., fIOl.T 111 '_T \AT 011_( "(e",n I. '14( h-.... lO' nu.rur .UIU.EO 01 liNE I'EHI'EHOleUl.&lI TO UN( .IOINIK IIIll "DI." Of 'lION' AIIO HElII UJT ll.( .. '1 I I III. fIOl.T Of_' urr lIII( .'0 "DINT Of HAIl lor ~IN( LOT DEPTH I I DEPTH 11(I 01 ..~ '01111(' h ,. SI. tJ1T liNn NO ... lO' UIE '110.' LOT U1( tJ1T - LOT DEPTH no., .... 'lAII UlT llllU III( _ILU~ . LOT. CORNER LOT. CORNER _. lOT,cUlIVrD SIIIt:, eDll.u LO', sn"'N' Slon NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE AND DO NOT FORM PART OF THIS BY.LAW rEXTNAME: tivertQn (R lP: 29 5.67 .5.66 5.69 . . "LOT, THROUGH" means a lot bounded on two opposite sides by streets but does not include a corner lot. "I'1JBILE HOME" means any dwelling that is designed to be made mobile-;-and constructed or manufactured to provide a permanent or seasonal residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed. A mobile home shall be di sting uished from other forms of prefabricated transportable housing by reason of a design which is in accordance with Regulation Z-240.2.1-1979, Canadian Standards Association. "MOTEL" means one or more buildings used primarily for the purpose of catering to the travelling public by furnishing Sleeping accommodation and may include permanent staff quarters, tourist cabins, sleeping and housekeeping units, but does not incl ude any other establishment otherwise defined or classified in this By-law. For the purpose of this section, a (al "HOUSEKEEPING UNIT" means a unit for the overnight accommodation of the travell lng publ ic which may include sanitary and food preparation facilities. ( b) "SLEEPING UNIT" means a unit for the overnight accommodation of the travelling public, but does no t incl ude food preparat ion fac il it ies . TEXTNAME: tiverton (R JP: 30 5. 70 . 5. 71 5.72 5.73 5. 74 . 5. 75 5.76 5.77 5.78 5. 79 . "PARK" means an area of land, playground or playfield which may include thereon one or more athletic fields, field houses, community centres, bleachers, swimming pools" wading pools, greenhouses, bandstands, skating rinks, tennis or badminton courts, bowling greens, curling rinks, refreshment rooms, fairgrounds, arenas or similar us e s . "PARKING AREA" means an area provided for the parking of motor vehicles and includes aisles, parking spaces and related ingress and egress lanes but shall not include any part of a public street or public lane. "PARKING LOT" means any parking area other than a parking area required under the provisions of this By-law. "PARKING SPACE" means a space enclosed in a principal or accessory building or unenclosed, that is available for the parking of a motor vehicle and is accessible from a street or lane and has a minimun dimension of 3 metres by 5 metres. "PERSON" means any human being, association, firm partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. "PERSONAL SERVICE SHOP" means a barber shop, hairdresser, shoe repair shop, self-service laundry or launderette, or a Dry Cleaner's Distribution Station as defined by this By -1 aw . "PIPED WATER SUPPLY SYSTEM" means a dIstribution system of underground piping and related storage. including pumping and purification appurtenances operated by a municipal corporation and/or the Ministry of the Environment and/or any public utilities commission for public use and which have been approved by the Ministry of the Environment'. "PLACE OR ENTERTAINMENT" means a motion picture or other theatre, arena, auditorium, public hall, billiard hall, pool room, bowling alley, ice or roller skating rink, but does not include a pinball parlor and video arcade and any place of entertainment or anusement otherwise defined or classified in this By-law. "PLANTING AREA" means the space on a lot upon which shrubs, trees, flowers, or grass are grown in accordance with the provisions of this By-law. "PUBLIC LIBRARY" means a public library within the meaning of the Public Libraries Act. TEXTNAME: tiverton (R JP: 31 5. 60 . "REST AURANT " ( a J "RESTAURANT" means a building or structure or part ther eo f us ed to pr epar e food and offer for sal e and sell food for immediate consumption within the building, or structure. (b) "DRIVE-IN RESTAURANT" means a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within or outside the building or structure. (c) "TAKE-OUT RESTAURANT" means a building or structure or part thereof where food is prepared and offered for sale to the public to be taken out and/or del i v er ed, for the con s urn pt ion 0 f f the pr em is e s . 5.61 "RETAIL STORE" means a building or part of a building in which goods, wares, merchandise, substances, or articles are offered or kept for sale at retail and shall include facilities for the rental of constmer durables, but does not include any establishment otherwise defined or classified in this By-law. 5.62 . 5.63 5.64 5.65 . "SALVAGE YARD" means an establishment where goods, wares, merchandise, articles or things are processed for further use~ and where such goods, wares, merchandise articles or things are stored wholly or partly in the open and includes a junk or scrap metal yard and an automobile WI" ec ki ng yard. "SANITARY SEWER SYSTEM" means a system of underground conduits, operated either privately o'r by a municipal corporation or by the Ministry of the Environment, which carries sewage to a place of treatment which meets with the approval of the Ministry of the Environment. "SCHOOL" means a school urider the jurisdiction of a Board as defined in The Education Act. "SERVICE SHOP" means a building or a part of a building in which is conducting the servicing or repair of articles, goods or materials, including radio, television and other household appliances, and in which no manufacturing takes place. but does not include any other service use otherwise defined or classified in this By-law. TEXTNAME: tiverton (R)P: 32 5.86 . 5.87 5.6e 5.69 . "SETBACK" means the shortest horizontal distance from a specified line or point to the nearest part of any building or structure on a lot. "SEWAGE DISPOSAL SYSTEM" means either a Class 4, Class 5 '"C.irClass 6 system as defined by regulations made under the Environment Protection Act,as emended or succeeded, or connection to a municipal sanitary sewer system approved under the Ontario Water Resources Act, but shall not in c 1 ud e a Cl ass 1 s ys t em as d e fin ed by reg u 1 at ion s mad e under the Environmental Protection Act. "SHOPPING CENTRE" means a group of non-residential uses pr ed om in an tl y retai 1 c ommerc i al in nat ure and des ig n ed . developed and managed as a unit by a single owner or tenant. or group of owners or tenants as opposed to a business area comprising unrelated individual commercial uses. "STOREY" means the portion of a building which is situated between the surface of any floor and the surface of the floor next above and directly over it and. if there is no floor above it. that portion between the surface of any floor and the ceiling above it. A "Storey" includes an attic having a height of more than 2 metres (6 feet) for at least 2/3 (two-thirds) of the area of the floor next below and also includes any portion of a building partly below ground if the ceiling of such part is 2 metres (6 feet) or more above finished grade. 5.90 "STOREY, HALF" means that portion of a building within a Sloping room having a height of more than 2 metres (6 feet) for-_ at least 0 ne- hal f (1/2) but I ess than two- third (2/3) of the area of the floor next b~elow. 5. 91 5.92 5.93 . 5. 94 "STREET" means a public street that has been assumed by by-law by the Corporation as a pUblic highway and has been constructed in such a manner so as to permit its use by vehicular traffic. but does not include a public lane or private right-of-way. For the purposes of this By-Law. a "street" shall also mean a County or Provincial Road. '! "STREET LINE" means the dividing line between a lot and a street. "STRUCTURE" means anything constructed or erected, the use of which requires location on the ground. or attachment to something having a fixed location on the ground, and includes walls. fences. signs, billboards. satellite or other receiving/transmitting antennae or dish. and private outdoor swimming pools. but does not include free standing walls. hedges and fences. "TAVERN" means a tavern or public house or other premises in which the sale of liquor is authorized pursuant to the Liquor License Act, as emended or succeeded. TEXTNAME: tiverton (R)P: 33 5.95 . 5.96 5.97 5.98 5.99 . 5. 100 . "TENT means a temporary structure used for temporary shelter and living accommodation that is not permanently fixed to the ground and is capable of being easily moved. "TRANSMISSION TOWER" means a structure. over 20 metres (66 feet) in height, designed and erected for the purpose of transporting or carrying hydro electric power in quantities equal to, or greater than. 100.000 volts. "TRAVEL TRAI LER" mean s a s truct ur e des ig n e::! i in tend ad and used ex cl us i vel y for tr avel. recreation and v ac ation and which is capable of being drawn or propelled by a motor vehicle or is self propelled and includes tent trailers or similar transportable accommodation but does not include a mobile home as defined by this By-law. "USE" as a verb means anything permitted 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 and assent of such owner or occupant, for the purpose of making use of the said land. building or structure. The phrase "used for" incl udes "arranged for", "designed for", .. maintained for" or "occupied for". "USE" as a noun, means any of the following depending on the context: (a) any purpose for which land. buildings or other structures may be arranged. designated. designed, intende::::l, maintained, or occupie::::l, or (b) any occupation, business. activity. or operation carried on. or intended to be carried on. in a building or other structure or on land. or (c) a name of a tract of land or a building or other structure which indicates the purpose for which it is arrange::!. designated. in tend e::::l . maintained or occupied. "WATERCOURSE" means the natural channel for a stream and for the purpose of this By-law. includes the natural channel for intermittent streams. TE XT NAM E:' t i v er to n (R) P: 34 . 5. 101 5. 1 02 5. 1 03 5. 1 04 5. 105 . 5.106 5.107 5.106 5. 109 . "WASTE DISPOSAL SITE" means any land upon, into, or through which waste is deposi ted or processed and any machinery or equipnent or operation for the treatment or disposal of waste, but does not include the treatment or disposal of liquid industrial waste or hazardous waste. "WELL" means an underground source of water which has been rendered accessible by the drilling or digging of a hole from ground level to the water table and may include a private piped system from a surface water source. "YARD" means a space appurtenant to a building or structure located on the same lot therewi th and which space is open, uncovered and unoccupied from the ground upward except for such accessory buildings, structures, or uses as are specifically permitted elsewhere in this By-law. "YARD, FRONT" means a yard extending across the full width of a lot, measured perpendicularly from the front lot line to the closest wall of any main buildings or structures on the said lot. "YARD, REAR" means a yard extending across the full width of a lot, measured perpendicularly from the rear lot line to the closest wall of any main building or structure on the said lot. "YARD, SIDE" means a yard extending from the front yard, or front lot line where no front yard is provided, to the rear yard, or rear lot line where no rear yard is provided. measured perpendicularly from the side lot line to the closest wall of any main build~ing or structure on the said lot. "YARD, SIDE. EXTERIOR" means a side yard immediately adjoining a street. "ZONE" mean s an area del ineated on the Sc hed ul e "A" of this By-law and established and designated by this By-law for a specific use. "ZONING ADMINISTRATOR" means the municipal by-law enforcement officer or the officer or 81lployee of the Corporation for the time being charged with the duty of enforcing the provisions of the Zoning By-law of the Corporation. If -no one is specifically charged with the duty, it shall mean the Clerk-Administrator of the Corporation. ILLUSTRATIDN I ~ .. I I i !il .. iI "' l I --~- DF YARD DEFINITIONS 1'01: \.lIT L111C \.lIT ll["M UIf __ lUll UIf UIl( i I -~l.~~iill~ ;I!~t~~!lt~~~!~~i~; -" .~; '! J 12~:1 _".t -.~." SIDl LDT Lit( i !i i .' '~'.:j:O{/ .' : -., ,,-' --I _flY IUll.I.. .." " .. Or: ... SlT ! _;...,..,IUCI :;: ;" - , .... :J --h--_ ~ .~. IlIlII.1 "i '~jitfg:~~.f~ fli'~ "%i~Ji11~~~;;i0 ...~. IfIIIIT &,'Il DlI ,ICllII' LOT UI( ~CbTIlLIllI Of -;IUT/ - NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE AND DO NOT FORM PART OF THIS BY-LAW TEXTNAME: tiverton (R)P: 36 . SECTION 6 - GENERAL PROVISIONS FOR ALL ZONES 6.1 PERMITTED USES IN ALL ZONES a) Services and Utilities (il Nothing contained in this By-law shall prevent the Corporation, any telephone or telegraph canpany, any transportation systen owned or operated by or for the Corporation, any De par tmen t 0 f t he Fed eral Government, On tar io Hydro, any railway company and any local or County Board or commission from installing a watermain, sanitary sewer main, storm sewer main, gas main, pipeline or overhead or underground hydro and telephone line. provided that the location of such main or line has been approved by the Corporation. Notwithstanding the generality of the foregoing, this approval by the Corporation shall not be required for any undertaking of Ontario Hydro which has been approved under The Env iro nmen tal Assessm ent Ac t, a s amend ed or succeeded. . (iil Any elactic power facility of Ontario Hydro or any Hydro-Electric Power Commission, and any receiving or transmitting tower and facilities of any radio or television station existing on the date of passing of this By-law are perm it ted . ~ b) Construction Facilities Any sheds, scaffolds or other structures incidental to building construction on the prenises for so long as the sam e in nec essar y for work in prog ress which has neither been finished, nor abandoned provided any necessary permits are obtained. c) Ornamental structures A statue, monument. cenotaph, fountain or other such memorial or ornamental structure. d) Signs and Signals . Any government authorized traffic sign or signal, any public election list or government proc1 amation . '" TE XT NAM E: t i v er to n (R) P: 37 . 6.1.1 Public Buildings and/or Structures The er ec tion 0 f an y b ui Id i ng or str uct ure des ig n ed for the use of office, storage or other uses, the con str uc t 10 n or erec t 10 n 0 f tran sm1 s s ion towers, and the use of land for outside storage, by the Corporation, any local or County Board or Commission, any telephone or telegraph company, any transportation systen owned or operated by or for the Corporation, any Department of the Federal or Provincial Government, Ontario Hydro and any railway company must conform to all provisions of this By-law. Notwithstanding the generality of the foregoing, this requirement to conform to all other provisions of this By-Law shall not apply to any electric power facility of Ontario Hydro where such facility has been approved under the Environmental Assessment Act, as amended or succeeded. 6. 2 ~AKING OR ESTABLISHMENT OF PITS AND QUARRIES . The making or establishing of any pit or quarry shall be prohibited within the Corporate limits of the municipality. 6.3 NON-CONFORMING USES 6.3.1 Nothing in this By-law shall a.pply: a) to prevent the use of any land, building or structure for any purpose prohibi ted by 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, or . TEXTNAME: tiverton (R)P: 38 . . b) to prevent the erection or use for a purpose prohibited by this By-law of any building or structure for which a permit has been issued under Section 5 of The Building Code Act, prior to the day of the 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 provided that the permit has not been revoked under Section 6 of The Building Code Act and the erection of such building or structure is commenced wi thin two years after the day of the passing of this By-law and such building or structure is conp1eted within a reasonable time after the erection thereof is commenced. or c) to prevent the strengthening to a safe condition of any building or structure or part of any such building or structure which does not conp1y with the provisions of this By-law, provided such alteration or repair does not increase the height, size or volume or change the use of such building or structure. or d) to prevent the restoration of any building or structure which is danaged by fire or an act of nature, which does not canply with the provisions of this By-law, provided that such restoration does not increase the height, size or volume or change the use of such building or structure. 6.3.2 A use of a lot, building or structure which under the provisions hereof is not permissible within the zone in which such lot, building or structure is located shall not be changed except to a use which is permissible within such zone, or such other uses as may be approved under Section 44 of The Planning Ac t. 6.4 NON-COMPLYING USES Lands, buildings or structures which conform to the uses permitted in the applicable zone but do not comply with one or more other provisions of the By-law may be used or strengthened to a safe condition as provided for in Section 6.3 of this By-Law, but where such building is reconstructed or rebuilt as a result of forces beyond the control of the owner then such reconstruction shall conform to the minimum yard requirements of this By-law and to all other requirements of this By-Law. -. " TEXTNAME: tiverton (R)P: 39 .6.5 FRONTAGE ON A PUBLIC STREET No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon a street that has a been assumed by By-Law as part of the municipal road network. 6.6 ESTABLISHED BUILDING LINE SETBACK Notwithstanding the yard and setback provlslons of this By-law to the contrary, where a pennitted building or structure is to be erected on a lot in a built-up area, where there is an established building line extending on both sides of the lot, such permitted building or structure may be erected closer to the street 1 ine, or the centreline of the street as the case may be, than required by this By-law provided such permitted building or structure is not erected closer to the street line or the centre1ine of the street, as the case may be, than the established line on the date of passing of this By-law. 6.7 EXTERNAL DESIGN . The following building materials shall not be used for the exterior vertical facing of any wall of any building or structure within the Corporation, provided, however that Subsection (e) shall not apply to a permitted farm building with the exception of a detached dwelling accessory to an agricultural use, J ( a) bui ld ing paper, (b) asphalt shingle, (e) asphalt-insulating siding, (d) asphalt roll-type siding, (e) unfinished galvanized or unfinished ungalvanized s t 8 81 sid i ng . 6.B THROUGH LOTS Where a lot is a through lot, a front yard shall be provided on each street on which the lot has frontage. . -,::I;,.O\{;!! TEXT NAME: tiverton (R)P: 40 6.9 . 6. 10 . 6.11 . YARDS AND OPEN SPACE TO BE RESERVED When any part of a lot is required by this By-law to be reserved as a yard or other open space. it shall continue to be used and maintained in all cases regardless of changes in ownership of such land or part thereof. The area for yards or other open space shall be ccmputed using the area within the lot lines of the lot proposed for building purposes. EXCEPTION TO MAXI I'1JM HEIGHT REGULATIONS The regulations prescribing the maximum height of any building or structure shall not. in any zone. apply to flag poles. radio. television or satellite receiving or transmittting equipnent. grain elevators. windmills. farm silo or barns. church spires. belfries. cupolas. pent- houses. towers or domes not used for human occupancy. chimneys. smoke stacks. ventilators. skyl ights. water tanks. scenery lofts. bulk heads. firewalls and similar features and necessary mechanical appurtenances accessory to the building on which they are erected. including any roof signs erected and/or maintained in accordance with any by-law or regulation of the municipality from time to time in force J provided however. that such features are er ec ted anI y to sue h he ig hts as is nee essar y to accom pI ish their purpose. DWELLING UNITS BELOW GRADE No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a cellar such portion of the dwelling onit shall be used as a furnace room. laundry room. storage room. recreation room or for a similar use only and shall not be used for sleeping accommodation and cooking facilities. However. a dwelling unit in its entirety. may be located in a basement in accordance with the permitted uses ~nd regulations of this By-law and provided the finished floor level of such basement is not below the level of any sanitary or stonn sewer serving the building or structure in which the basement is located. TEXTNAME: tiverton (R)P: 41 6. 12 WATERCOURSE SETBACKS - SEWAGE SYSTEMS . Notwithstanding any yard provisions of this By-law, no portion of any sewage disposal system shall be located any closer than fifteen (15) metres (50 feet) frOOl any body of water or watercourse or any open municipal drain. 6.13 PERMITTED YARD ENCROACHMENTS Notwithstanding the yard and setback provisions of this By-law: 6.13.1 Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows and other ornamental architectural features may project into any required yard but not more than 60 centimetres (24 inches) . 6.13.2 Unenclosed porches, and covered or uncovered steps and patios may proj ect into a required front or rear yard but not more than 1.5 metres (5 feet) and provided that such uses are not more than 1 metre (3.3 feet) above finished grade. 6.13.3 Exterior stairways may proj eet into a required rear yard but not more than 1.5 metres (5 feet). . 6.13.4 Open steel fire escapes may project into any required side or rear yard but not more than 1.5 m e tr e 5 (5 fee t) . 6. 1 3. 5 Bal con ies may proj ect in to an y- requir ed yard but not m 0 r e t h a n 1 . 5 me tr e s (5 fee t) . 6.13.6 Awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, recreational equipment and similar accessories, shall be permitted in a required yard. 6.14 PLANTING AREAS 6.14.1 A required planting area shall consist of a dense screen of shrubs and/or evergreen trees, minimum 1 metre (3 feet) high when planted and of a type that will attain a minimum height of 3 metres (10 feet) at maturity and as well provide a year round visual barrier. The remainder of the ground surface shall be planted with any combination of shrubs, flower beds or grass. . TEXT NAME: tiverton (R)P: 42 6.14.2 Where interrupted by walkways or driveways, a planting area need not be provided closer than 1.5 metres (5 feet) to a wal kway or 3 metres (10 feet) to a dr iveway . 6.14.3 Unless otherwise provided for in this By-law, a planting area shall have a minimum width of 3 metres (10 feet) . . 6.14.4 Where required on a street corner of a corner lot a planting area shall be located in such a way as not to form an obstruction to traffic by conflicting with the sight visibility triangles required by t his By - I aw . 6. 15 OFF-STREET PARKING REGULATIONS Unless otherwise provided for in this By-law, permanently maintained parking spaces accessible by permanently- maintained manoeuvering aisles shall be provided in accordance with the following regulations: 6.15.1 Required Number of Spaces Permitted Use . ( a) De t ac h ed d we 11 i ng , Semi-Detached dwelling or Co nv erted dwell ing (b) Dwelling for exclusive use by the elderly (c) Multiple Family Dwelling or dwelling unit not otherwise spec i fi ed here in . Minimum Number of Spaces 2 s paces per dwelling unit 1 space for each 2 dwelling units plus 1 space for every 4 dwelling units, or fraction t h er eo f, to be set asid e for and visually identified as visitor's parking 1 s pac e per dwell i ng un it plus 1 space for every 4 dwell ing units, or fraction thereof, to be set as id e for and vis uall y id en t- ified as visitor's parking tEXT NAME: tiverton (R lP: 43 (d) Rooming House . (e) Tourist Home. Motel (f) Church, Place of Worship . (g) Auditorium, Convention of Meet i ng Hall, Community Centre, Sports AI' en a , Fa i rg ro u nd , st ad i urn, PI' iv ate Cl ub , Lodge, Fraternal Society, or any Institutional or Non-Profit Use or Place of Assembly not otherwise specified herein. (hl Elementary School, Nurser~ School, Day Nul' sery . . 1 space pl us 1 s pace for each room for ren t. 1 s pace per sleeping or guest roern, pl us 1 space for each 20 square metres (215 square feetl of floor area or fraction thereof used for assembly of pe 0 p 1 e , restaurants or the dispensing of food or dr ink. 1 space for each 10 fixed seats or fraction thereof, or if no fixed seats, 1 s pace for e ac h 1 0 s qual' e me tr es (110 s Quare fee t) of floor area, or fr ac t ion t h er eo f , us ed for sea t i ng . 1 space for each 5 fix ed seats, or fraction thereof, or where no fixed seats, 1 space for e ac h 5 s QuaI' e metres (54 square feet) of floor area, or fraction thereof, used for seating. 1 s pace for each classroom plus one additional space for each office, or if the school contains a place of assembly, accord ing to the requirement for such place of assenbly which- ever is greater. TEXTNAME: tiverton (R)P: 44 . (i) Secondary School. Vocational or Technical Tr ain ing Sc hool s, or College (j) Fun er al Home . ( k) Government Office. Bank, Financial Institution, and other office exluding those for the health care profe ssio n ( 1) Cl in ic or 0 ffice for any of the health care professions (m) Establishment for the sale and immediate cons un pt io n of food and/ or d r ink 0 nth e pI' em is e s . including taverns. restaurants, public houses and similar uses. . (n) Drive-in or take-out establishment where food and/or drink is purchased over the counter for con s um pt ion 0 nor 0 f f the pI' emi ses . 3 spaces for each classroom plus 1 additional space for each office or, if the school contains a place of assembly. according to the requirement for a uc h pI ac e 0 f assembly, whichever is greater. 1 s pace for each 5 fixed seats, or where no fixed seats. 1 space for each 5 square metres (54 square feet) of floor ar ea in repo si ng rooms or fraction thereof, plus 1 space per funeral home v ehicl e. 1 s pace for each 40 square metr es (430 s quare fee t) of gross floor area. or fraction thereof. 5 spaces for each member of the heal th care pro fe ssio ns 1 s pace for each 5 squar e metr es (54 s quare fee t) of building floor area or fraction thereof, devoted to publ ic use. 1 space for each 5 square metres (215 square feet) of sales or serv ice area, or fraction thereof. .t' '." TEXT NAME: tiverton' fR)p: 45 . (0) Retail store, Personal Serv ice Shop ( p) La und romat, automatic dry cleaning establishment ( q) Automob Ue Car Wash ( r J Automobile sales and/or serv ic e estab 1 ishm ent. . (s) Automobile service station (t) Automobile repair establishment (uJ Place of recreation not otherwise specified here in . (v) Industrial use, service and/or repair shop . 1 space for each 20 square metres (215 square feet) of sales or service area, or fraction thereof. 1 s pac e for eac h four machines, or 1 space for each 20 square metres (215 square feet) o f gross floor area, or fraction thereof, whichever is greater 3 s paces pI us 20 storag e spac es . 1 s pace for each 20 square metres (215 s quare fee tJ of gross floor area or fraction thereof. 3 spaces 3 spaces 1 space for each 20 square metres (215 s quare fee t) of gross floor area or fraction thereof. 1 s pace for each 100 square metres ( 1, 1 00 s q u ar e feet) of gross floor area or fraction thereof, or 1 s pace for eac h 2 em pI oyees on the max imum working shift, whichever is the greater for the TEXTNAME: tiverton (R)P: 46 . industrial service and/or repair us e s, plus 1 spa c e for each 40 square metres (430 square feet), or fraction thereof, devoted to 0 ffice use. (w) Who 1 esal ing, war eho us i ng 1 space for each 100 square metres (1 , 100 s quar a fee t) 0 f g ro s s floor area or fr ac t ion t h er eo f for the who 1 a- saling, ware- housing or storage uses plus 1 space for each 40 square metres (430 square fee t), or frac tion t h er eo f d ev 0 t ed to office use. . (x) Commercial use establishment not otherwise specified her ein 1 s pace for each 20 square metres (21 5 s q u ar e fee t) of gross floor area or fraction thereof. ( y) Mob He home park or can pg ro und . 1 space for each mobile home lot or c an pg ro u nd sit e plus 1 space for every 4 such lots or sites, or fr ac t ion t her eo f , to be set aside for and visuall y identified as vis i tor I spar king . 6.15.2 Calculation of Spaces ( a) When a build ing or lot accommodates more than one use or purpose the required parking spaces shall be the sum total of the required parking spaces for the separate uses or purposes. Parking facilities for one use shall not be considered as providing required parking for any other use. . TEXT NAME: t iverto n (R lP: 47 ( bl . . . If the calculation of the required parking spaces results in a fraction the required parking spaces shall be the next higher whole number. TEXT NAME: tiverton (R)P: 46 . . . 6.15.3 Parking of Commercial Motor Vehicles Parking spaces and parking areas required under this By -Law for off- street parking shall be used for the parking of passenger vehicles only, and for vehicles used in operation incidental to the permitted uses in respect of which such parking spaces and areas are required. Notwithstanding the foregoing, a lot or building or structure located within a Residential Zone may be used by its owner or occupant for the parking or storage of one commercial motor vehicle of a capacity not exceeding 900 kilograns (200 lbs.), provided that the vehicle is used in conjunction with the occupation or vocation of the owner or occupant of the lot or building or structure in which the vehicle is situated. For the purposes of this paragraph "commercial motor vehicle" shall mean a commercial motor vehicle as defined by The Highway Traffic Ac t. Notwithstanding anything contained in this By-Law to the contrary, Section 6.15.3 shall not apply to prevent the parking of school buses in a Residential Zone. 6.15.4 Provisions and Location of Spaces 6. 15. 5 ( a) Parking spaces shall be provided at the time of erection of any building or structure. or at the time the building or structure is enlarged. (b) Parking spaces shall be located on the same lot or within the same building as the use for which said parking is required. (c) Unless otherwise provided for herein. uncovered parking spaces may be located in the required yards prov id ed that: (i) in any zone no parking space shall be permitted on a lot closer to any street line than 3 metres (10 feet). and ( i i) in any zone. and notwi thstand ing the provisions of this paragraph, no parking area for Residential uses containing 3 or more units shall be permitted within any front. interior or exterior side yard. Application of Parking Requirements The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this By-Law so long as the floor area as it existed at TEXT NAME: tiverton (R)P: 49 6.15.6 suc h d ate is no t increased and the b ui ld ing or struc ture is used for a purpose which does not require more parking spaces according to this section, than were required by its use at the date of passing of this By-law. However, if a use is changed or a building is enlarged in floor area or there is an increase in number of employees, nunber of dwelling units or seating capacity or otherwise as would require an additional number of parking spaces, then such additional parking spaces shall be provided to the number required for such change. Seating Accommodation by Benches '. For the purposes of Section 6.15. 1, where seating accommodation is provided by benches, 0.5 metres (20 inches) of bench apace shall be considered as equivalent to one (1) seat. 6.15.7 Driveways (a) A driveway serving a detached dwelling, converted dwelling, or a semi-detached dwelling shall have a width of 3 metres (10 feet) minimum, 6 metres (20 feet) maximum. A driveway serving any other use shall have a width of 3 metres (10 feet) minimun, 9 metres (30 feet) maximum. . ( b) The maximum width of any joint entrance and exit driveway measured along the street line shall be 9 metres (30 feet) . (c) The minimum distance between a driveway and an intersection of street lines measured along the s t I' e e t 1 in e in t er s ee tad b y sue h d I" i v e wa y a hall b e 9 m e tr e s ( 3 0 fee t) . (d) The minimum angle of intersection between a driveway and a street line shall be 60 degrees. (e) Every lot shall be limited to the following number of driveways: ( i) Up to the first 30 metres (100 feet) of frontage measured along the street line - not more than 1 driveway. A residential use not on a Provincial or County Highway may have a U-shaped driveway. (ii) For each add i tional 30 metres (100 feet) of frontage measured along the street line - not more than 1 additional driveway to a maximum oft hI" e e d r i v e wa ys . . TEXTNAME: tiverton (R)P: SO ( f) Parking areas and associated driveway systems serving any use other than detached dwell ings, converted dwell in g s , and s em i - de t a c he d d we 11 in g s s hall be designed in such a manner that any vehicle entering or leaving a street or public lane need not travel in a backwards motion. . 6. 15. B SurfacinR and Drainage of ParkinR Areas and Access Lan es Parking areas and driveways shall be surfaced and maintained with a stable surface consisting of either concrete, asphalt or crushed stone or gravel or other hard surface and dustless materials and shall be treated so as to prevent the raising of dust or loose particles. Drainage shall be provided so as to prevent the flow of surface water onto adjoining 10 ts . 6. 15. 9 Illumination of Parking Areas or Driveways When parking areas and/or driveways are illuminate::i, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 metres (30 feet) above the adjoining finished grade and light shall be directed downward and away from adjoining lots. . 6.15.10 Landscaping ( a) Where, in any yard in any zone, a parking area which is required to provide for more than four off-street parking spaces adjoins a lot in a residential zone, a planting area of a minimun width of 3 metres (10 feet) shall be provided within the lot requiring such parking area and along the lot line adjoining such residential zo ne . (b) Where, in any yard in any zone, a parking area which is required to provide for more than four off-street parking spaces adjoins a street, then a planting area of a minimun width of 3 metres (10 feet) shall be provided within the lot requiring such parking area and along the lot line adjoining such street. 6. 16 LOADING REGULATIONS The owner of occupant of any lot, build ing or structure and not forming part of a street or land, within the zone in which such use is locate::i, loading and unloading spaces in accordance with the following regulations: . fEXTNAIYJE: tiverton (R)P: 51 6. 16. 1 . . 6.16.2 6. 1 6.3 6.16.4 . Required Number of Spaces Gross Floor Area of Building or structure 300 square metres (3,300 s quare feet) or less Numb er of La ad i ng Spaces Require 1 over 300 square metres (3,300 square feet) but not over 2500 square m e tr e s ( 2 7 , 000 s qua r e fee t) 2 over 2500 square metres (27,000 square feet) but not over 8000 square metres (87,000 square fee t) 3 over 8000 square metres (87,000 square feet) 3 plus 1 additional spac e for each ad d i t ion a 1 1 0, 000 square metres (103,000 square feet or fraction thereof in excess of 8000 square metres (87,000 square feet) Access In addition to the nLlnber of l-oading spaces, adequate space shall be provided for the parking of vehicles awaiting access to parking spaces, and any additional area as is necessary for the manoeuvering of a truck- trailer either into or out of .the loading space. Access to loading spaces shall be by means of a driveway at least 6 metres (20 feet) wide contained within the lot on which the spaces are located and lead ing to a street or publ ic 1 ane located wi thin or adjoining the zone in which the use is located. Loading Space Dimensions Each loading space shall be at least 9 metres (30 feet) long, at least 3.5 metres (12 feet) wide and shall have a vertical clearance of at least 4.5 metres (15 feet). Location of Loading Space No loading space shall be located in the required fro nt yard nor shall an y r equir ed off- atr eet par king ~... TEXTNAME: tiverton (R)P: 52 . . . 6.16.5 space be considered in calculating the required number of off-street loading spaces. On a corner lot loading spaces may be located between the main building and the flanking street but not within the required exterior side yard. Surface and Drainage of Spaces and Driveways Loading spaces and driveways thereto shall be surfaced and maintained with a stable surface consisting of either asphalt, concrete or crushed stone of gravel or other hard surface and dustless materials and shall be maintained or treated so as to prevent the raising of dust or loose particles. QI"ainage shall be provided so as to prevent the flow of surface water on to adjoining lots. 6.16.6 Application of Loading Space Requirements The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this By-law so long as the floor area as it existed at such date is not increased. HJwever. if a building is enlarged in floor area as would require an additional number of loading spaces. then such additional loading spaces shall be provided to the number requir ed for suc h chang e. 6. 1 6. 7 Landscaping Where a loading area adjoins any Residential Zone or a street then a planting area of a minimum width of 3 metres (10 feet) shall be pro\7ided within the lot requiring such loading area and along the lot line adjoining such residential zone or street. 6.17 SIGHT VISIBILITY TRIANGLES ON CORNER LOTS In all zones. on a corner lot. no building or structure shall be erected and no vehicle shall be parked in such a manner as to materially impede vision above a height of 0.5 metres (20 inches) above the centreline grade of the intersecting streets in the triangular area bounded by the street lines of the corner lot and a line form the points along said street lines distant 10 metres (33 feet) from the point of intersection of the said street lines. I'" TEXTNAME: tiverton (RJP: 53 ~ 6. 18 REDUCTION OF REQUIREMENTS 6. 1 8. 1 6. 18. 2 ~ 6.18.3 No per son shall: aJ change the purpose for which any lot, building or structure is used, or bl erect any new building or structure, or cl add to or take away from any existing building or structure, or dl reduce any lot in area by conveyance or alienation of any portion thereof or otherwise, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention of this By-law. In the event that a contravention of this By-law occurs as a result of any action described in Section 6.18.1, no building or structure located on the lot shall thereafter be used until the requirements of this By-law applicable thereto are canplied with. The provisions of Section 6.18.1 and 6.18.2 shall not apply to lands severed pursuant to the provisions of the Expropriation Act or to street widenings acquired by a governmental authority. 6.19 OPEN STORAGE REGULATIONS 6. 1 9. 1 . Minimum Setbacks aJ The minimun setback from any front, side or rear lot line of any permitted open storage in any zo n e s hall b e no 1 e s s t h ant her e s pe c t i v e minimum front, side or rear yard of the zone in which the said open storage is located unless o t harwi se s peci fi ad here inafter- · bJ In any lot in an Industrial Zone, where any side or rear lot I ine abuts a lot in the sane zone as the zone in which the said lot is located, the minimum setback of any open storage shall be ,.... TEXTNAME: tiverton (R)P: S4 . . . 6.19.2 6. 19. 3 6.19.4 6. 1 9. S 3 metres (10 feet) from the said side or rear lot line. Fencing Except for a lot used for any defined" Automotive" Use, other than an Automotive Wrecking Establishment, any permitted open storage which adjoins a street, or a lot in any zone other than the zone in which the said open storage is located, or an agricultural zo ne, shall be sc reened from view from the sa id street or lot through the erection and maintenance of a fence having a minimUll height of 2 metres (6 feet) . The said fence shall be erected no closer to any lot line than the minimun setback required for open storage. Surface Treatment Any permitted open storage area, or vehicular access thereto, involving the storage, parking or displa.>, of motor vehicles for the purpose of sale, lease, rental, washing, service or repair, or any primary means of vehicular access to any permitted open storage area, shall be surfaced and maintained with a stable surface consisting either of concrete, ashphalt or crushed stone or gravel or other hard surface and dustless materials and shall be maintained and treated so as to prevent the raising of dust or loose particles. Drainage shall be provided so as to prevent the flow of surface water on to adjoining lots. Parking and Loading Spaces to-be Preserved Any areas used for permitted open storage shall be in addition to and separate from such areas as may be required by this By-law for the provision of o ff- str eet parking or load ing spac es . Lighting Where lighting facilities are provided in conjunction with any permitted open storage, such lighting shall be so arranged as to deflect light onto the open 5 tor ag e area and awa y from an y adj 0 in i ng pr'O per' ties. 6. 2 O. 1 6.20 ACCESSORY USES Where Permitted Where this By-law provides that a lot may be used Or' a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure Or' accessory use, but shall not include (1) any occupation for gain or profit conducted within a dwelling unit or the lot, except as in this 8y-law is specifically permitted or, rEXTNAME: tiverton (R)P: 55 . (2) any building used for hUllan habitation except as in this By-law is specifically pennittedJ 6. 20. 2 Lot Coverage The total lot coverage of all accessory buildings and structures on a lot shall not exceed 7% of the lot area. 6. 20. 3 Location 6. 20. 4 In any zone other than a Residential Zone, the yard requirements herein shall apply to both main and acce ssor y b ui ld i ng sand s tr uct ures · Separation of Accessory Buildings from the Main Building 6.2 0.5 The minimun distance between a detached accessory building and the main building to which it is accessory shall be 2 metres (6 feet) . When P ermi tted . Notwithstanding any of the provisions of this By-law, no accessory building, structure or use shall be erected, or used until the principal building, structure or use is canpleted in canpliance with the provisions of this By-law. 6.21 ACCESSORY RESIDENTIAL USES Unless otherwise specified in this By-1aw, an accessory residential use shall be used only as the principal residence for the owner, manager or caretaker of the permitted non-residential use for which it is accessory. Permitted accessory dwelling units and accessory detached dwellings shall be established only in accordance with Section 6.21.1 or Section 6.21. 2, whichever is applicable. 6. 21. 1 Accessory Dwelling Unit Contained Within a Non-Residential Building No person shall use any part of a non-residential building as an accessory dwelling unit except in accordance with the following provisions: ( a) Setbacks and Yards . Minimum setbacks and yards shall be provided in accordance with the minimun setback and yard provisions for the non-residential building or structure in which the dwelling unit is located. TEXTNAME: tiverton (R)P: 56 Open Space P rovi s ions Landscaped open space areal s) equivalent to the total gross floor area of each of the dwelling unites) shall be provided. For the purposes of this paragraph, unenclosed balconies may be considered as part of the minimum landscaped open space requirements. Required landscaped open space shall be situated within the lot on which the non-residential use is located and shall be in addition to the minimum lot area requirBllents of the a p p 1 i c ab I e zo n e . ( b) . ( c) Minimum Dwelling Unit Gross Floor Area ( a) Ba c he lor d we 11 in gun i t (b) Dwelling unit containing one bedroom (c) Dwelling unit containing two bed roans (d) Dwelling unit containing thr ee b edroOl1 s . (e) Dwelling unit containing more than three bedroOl1s 40 square metres (430 square feet) 60 square metres (650 square feet) 70 square metres (755 square feet) 90 square metres ( 9 70s q u ar e fee t) 90 s quare metres (970 square feet) pI us 10 s qu ar e metres (110 square feet) for each bed- room in excess of thr ee . (d) Off-Street Parking Regulations Off-street 'parking shall be provided in accordance with Section 6.15 of this By-law. Notwithstanding Section 6. 15 of this By-law. required off- street parking spaces may be provided either on the lot requiring such parking spaces or within a distance not greater than 150 metres (SOO feet) from the lot. 6.21.2 ACCESSORY DETACHED DWELLING No person shall erect or use any building for the purpose of a detached dwelling accessory to a non- residential use that is permitted by this By-law, other than an ag ric ul tur al us e, ex cept in accord anc e with the following provisions: . (a) Minimun required setback of Detached Dwelling fran Lot Lines and Main Building 7.5 metres (28 feet) TEXTNM1E: tiverton lRJP: 57 '. 6. 21. :3 Number of Dwelling Units The maximum number of dwelling units shall be one for each non-residential use. 6.22 HO ME OCCUPATIONS - 00 !"EST IC AND HOUSEHOLD ART S Where listed as a permitted use, nothing in this By-law shall prevent the carrying on of any domestic or household arts home occupation of a nature compatible to the amenities of the neighbourhood and clearly secondary to the main use of the dwelling as a privata residence, provided that: (aJ The home occupation is for the exclusive use of the householder only and at no time shall any home occupation BTlploy more than one person who does not reside in the dwelling to which such home ocupation is accessory. (b) Not more than 25% of the ground floor area of the dwelling shall be used for home occupations. . (c) There shall be no display material visible from a public street except for one unlighted sign that shall be attached to the main building and shall not exceed 0.5 square metres (6 square feet) in area. Such sign shall not conveyor ind icats an y in forma tion 0 ther than the name 0 f the occupant and/or the nature of the home occupation being conducted from the premises. (d) There shall be no outdoor storage of goods or materials used in connect-ion with the home occupation. (e) No exterior 031 teration shall be made to the buildings or premises in connection with the home occupation. (f) Use of the premises in connection with the home occupation shall in no way be offensive, obnoxious, or dangerous to the neighbours of the ar e a b y I' e as 0 n 0 f the em i s s ion 0 f 1 i g h t, he at, funes, noise, vibration, gas, dust, waste products, odour, air-bourne waste or pollution, or through frequency of delivery by commercial carriers. (g) No home occupation shall be permitted which would result in a commercial vehicle being parked or stored on an adj aeent street except for tanporary parking to permit normal pick-up and d a 1 i v er y . . (h) No person shall establish a home occupation without first obtaining a Certificate of Occupancy from the Zoning Administrator, but no such certificate shall be refused if the pro po sed home occu pat ion is not pro h ib i ted by this By-Law. TEXTNAME: tiverton (RlP: 58 6.23 BUILDING AND STRUCTURE SETBACKS FROM COUNTY ROAD RIGHTS-Of-WAY . No person shall, hereafter, erect any building or structure closer to a County Road right-of-way than the setback distance prov id ed below. Commercial 'C1' Zone o metres from right-of-way All other Zones 23 metres (75 feetl from centreline of rig ht- of-wa y 6.24 SIGN S Except as otherwise provided, the provlslons of this By-law shall not apply to prevent the erection, alteration or use of any sign provided such sign complies with the By-law of the Corporation reg ulating signs. 6.25 ZONING OF FLOOD SUSCEPTIBLE LANDS . For the purposes of this By-law all lands lying below the Regional Storm Floodline established by Revised Regulation of Ontario NJ. 178/80 under the Conservation Authorities Act, R. S. O. 1980, are zoned EH Environmental Hazard. 6.26 FENCING Of PRIVATELY OWNED OUTDOOR SWIMMING POOLS The owner of every privately owned outdoor swimming pool, which is constructed subsequent to the passing of this By-law, shall, within 96 hours of construction of the swimming pool and before placing any water in the pool erect and maintain a fence completely enclosing the pool, which fence shall conform to the specifications of the applicable municipal swirrming pool by-law. . TEXT NAME: tiverton (R)P: 59 . SECTION 7 - ESTABLISHMENT OF ZONES 7. 1 GENERAL For the purposes of this By-law, the land area of the Corporation is hereby divided into various generali zed and specific · zones" to which the provisions and regulations herein shall respectively apply. 7. 2 ZONE Sy t'BOLS 7. 2. 1 The following Zones are hereby established and are designated on the Map Schedule "A" by symbols consisting of letters and number or letters only, as the case may be: Zone Symbol Residential Zone 1 (Detached Residential) R1 Re sid en t i al Zo n e 5 (Mob Ue Home Re 5 id en t i a l) R5 Residential Zone 6 (Low Density Multiple Fanily Residential) R6 . Residential Zone 7 (MediLrn Density Multiple F am il y Re s id en t i a 1 ) R7 Commercial Zone 1 (Business District Corrmerc i al) C1 Commercial Zone 3 (Highway Commercial) C3 Industrial Zone 4 (Light Industrial) M4 In st i tut io nal Zo ne I Open Space Zone 1 (Gen er al Open Spac e) 051 Agricultural Zone 1 (General Agricultural) A1 Agricultural Zone 2 (Restricted Agricultural) A2 Pl anned Developnent Zone PO Environmental Hazard Zone EH 7. 2. 2 Whenever in this By-law the term .zone" is used, preceded or followed by any symbol, as the case requires, such combination shall refer to each and every area within the said zone. . -- TEXTNAME: tiverton (R)P: 60 7. 3 . 7.4 7. 5 . 7. 6 . SPECIAL PROVISIONS FORM OTHER BY-LAWS Where any of the zone symbols described in Section 7.2 are shown on Schedule "A" followed by a dash and nunber, (ego C1-B6-2), then special provisions to the nonnal zone provisions apply to such lands. The nunber following the dash shall identify the By-law in which such special provisions may be found. Unless specified otherwise in the referenced By-law. all other provisions of the zone and this By-law shall a p ply tot h e I an d s . SPECIAL USE PROVISONS Where any of the Zone symbols described in Section 7.2.1 are shown on Schedule" A" followed by a dash and a letter (eg. R1-a) then special provisions and/or uses to the normal provisions apply to such lands. Such special provisions will be found by reference to that Section of the By-law which deals wi th that particul ar zone. Lands designated in this manner shall be subject to all restrictions of the zone. except as otherwise provided by the special provisions. INCORPORATION OF ZONING MAP The locations and boundaries of the zones established by this By-law are shown on the map appended hereto and which is referred to as Schedule "A" and conprises the sectional parts of the zoning map and such maps together wi th everything shown thereon and all succeeding amendments thereto are hereby incorporated in to and ar e d ee 1 ar ed to form par t 0 f t hi s By-law. ZONING MAP 7. 6. 1 Boundaries of the Zones 7.6.1.1 Where any uncertainty exists to the boundary of any zone as shown on the Schedule "A". the following provisions s hall a p pI y : (a) where a zone boundary is indicated as following and is wi thin the bound ary of a street, lane, railway right-of-way or watercourse. the bound ary shall be the c entrel ine of such street. 1 ane. railway right-of-way or watercourse. (bl where a zone boundary is indicated as approximately following lot lines or lot lines of the original municipal survey fabr ic. the bo und ar y shall follow such lot lines. ~. -. TEXTNAME: tiverton (R)P: 61 . . 7. 6. 2 7. 6. 3 . (c) where a zone boundary is indicated as approximately parallel to any street line and the distance from the street line is no t i nd ica tej ,. sue h bo und ar y shall be construed as being parallel to such street 1 ine, and the distance therefrom shall be according to the scale shown on the Schedule" A". (d) where a zone boundary is indicated as following a shoreline or floodline, the boundary shall follow such shoreline or floodline an:!, in the event that the shoreline changes, the boundary shall be taken as having moved with the shorel in e . (e) where any zone boundary is left uncertain after application of the provisions of clauses a), b), c) and d) above, then the boundary shall be determined by the scale shown on the So hed ul e "A". Where it occurs, the municipal limit is the boundary of the zone adjacent to it. P rec ed ence of S ched ul es 7.6.1.2 In the event 0 f a confl ic t or inconsi stene y as between Schedule" A" and an other Schedule, the other Schedule shall take precedence over Schedule "A" for those lands to which it particularly refers. Streets and Right-of-Ways A street, public lane, railway right-of-way, electrical transmission right-of-way, or watercourses shown on the Schedule" A" hereto, unless otherwise indicated, shall be included within the zone of adjoining property on either side thereof and where such street, public lane, right-of-way or watercourse serves as a boundary between two or more different zones, the centre line of such street, public lane, right-of-way or watercourse, and extending in the general direction of the long dimension thereof shall be considered the boundary between zones unless otherwise indicated. r' rEXTNAI"E: tiverton(R)P: 62 SECTION 8 - GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES - R ".8.1 LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES (a) Attached buildings or structures accessory to detacha:i, converta:i, and seni-detached dwellings may be located in yards as follows: (1) Permitted in the front yard but not closer to the street line than the distance given by the minimum front yard regulations of the applicable zo ne . (iiJ Permitted in the rear yard but not closer than 2 metres (6 feet) to the rear lot 1 ine. (iiD For the purpose of side yards, the accessory attached building or structure shall be considered as part of the main building and sid e yards shall be prov id ed accord ing to the relevant zone side yard regulations of the a p pI i c ab 1 e zo n e . (b) Detached bLildings and structures accessory to detached, converted, and semi-detached dwellings may be located in yards as follows: . (i) Not permitted in the front yard or exterior side yard . (ii) Permitted in the rear yard, but not closer than 2 metres (6 feet) to the rear lot line. ~,SCo ' (iii) Permitted in one side yard only, but not closer than 1.5 metres (5 feet) to any side lot line. ';-.<1' (c) Attached buildings and structures accessory to dwellings other than detachoo, converta:i, or semi-detached dwellings shall be considered as part of the main building and all yards shall be provided according to the yard regulations of the applicable zo ne . (d) Detached buildings and structures accessory to dwellings other than detached, converte:l, or semi-detached dwellings may be located in a side or rear yard anI y and not closer than 2 metres (6 feet) to a side lot line or 1.5 metres (5 feet)' to a rear lot I ine and shall not be located in any required pI an ting area. 6.2 ~ITTEO EXCEPTIONS TO YARD REQUIREMENTS . ( a) Garages may be erected across the side lot 1 ine common to any two adjoining lots provided that: ~,..;<.- ---- "". TEXTNAME: tiverton (R)P: 63 . (i) The garages for both lots are designed as one b u i 1 ding, and (ii) A common wall, on and along the side lot line, shall divide the garages, and (iii) The garages for both lots shall be erected s im u 1 tan eo us 1 y . 6.3 NUMBER OF BUILDINGS PER LOT Not more than one residential building shall be erected on any one lot in any Residential zone. . . ~ :XiNAME: tiverton (R)P: 64 SEC110N 9 _ PRQ~lSlQ~S rOR RcSlUc~11~l lQ~E , (Detached Residential) - R1 USES PERMITTED 19.1 No person shall within the R 1 Zone use any lot or erect. alter or use any building or structure for any purpose except for one or more of the following uses: l a) Residential Uses - a detached dwelling (b) Non-Residential Uses - build ings. structures and uses accessory to a permitted use - a domestic or household arts home occupation 9.2 ZONE PROVISIONS No person shall within any R1 Zone use any lot or erect. alter or use any building or structure except in accordance with the following provisions: Provisions Ebth MUnicipally- operated sanitary seW3r serv ic ing CIld M.m ic ipal1 y- alEI' ated pi pad water servicing M.JO ie i pall y- oper ated pi p3d \'later servicing only ... min :im un lot ar aa 600 square metres (6400 square feet) 1400 square metres (1 5000 s qUaI' e fee t) min im un lot frontag e 17 metres (56 feet) 30.5 metres (100 feet) minimun lot frontage earner I at 20 metres (66 feet) 33 metres (110 feet) minimun front yard 7.5 metres (25 feet) 7. 5 metres (25 feet) min im un rear yard 10 metres (33 feet) 1. S metres (al (S feet) 10 metres (33 feet) minimun side yard 1.5 metres (5 feet) (b) ~ min 1m un s>< tar ior side yard I TEXTNAME: tiverton (R)P: 65 . . . mln :rn un gro lJ'ld fl oar cr ea (one storey) min irn un grot..nd fl oor cr ea (grea tar than one storey) max 'in un bui ld ing he ig ht, main build ing max in un building height, accessory bui ld ing or stru=ture me< in un lot covercg e - main build ing ald a::cessory building( s) Footnote Cl.lb~.1& 90 square metres"" 90 square metres (950 square feet) (950 square feet) 70 square metres (755 square feet) 70 square metres (755 square feet) 10 metres (33 feet) 10 metres (33 feet) 4 metI" es (13 feet) 4 metI" es (13 feet) 30% 20% Where no garage, carport or similar parking structure is providerl, one side yard of at least 3 metres (10 feet) shall be provided. Notwithstanding any other requirenent contained in this By-law to the contrary, one side yard providing clear and unrestricted access to the lot's rear yard shall be provided and maintained on the lot. ( a) ( b) 9.3 SPECIAL PROVISIONS (a) EXISTING LOTS In any R1 Zone where an existing lot has a lesser lot area and/or lot frontage than the minimun required by ;/ the applicable R1 Zone provisions, such lot may be used in accordance with the R1 Zone provisions notwithstanding the minimum lot area and minimum lot frontage requirements provided that all other p r ov i s ion s 0 f t his By - La w ar e can p 1 i ed wit h . TEXTNAME: tiverton (R)P: 66 ..9.3 9.3 9. 3 . . ( b) ( c) ( d) Notwithstanding their "R1" Zoning designation, those lands iden,tified by the zone symbol 'R1-a' on the Schedule "A" of this By-Law shall only be used in conpliance with the 'R1' Zone provisions contained in this By-Law, excepting, however, that an auto- motive parts retail outlet and a propane filling station and uses accessory to the foregoing uses may be permitted in conpliance with the 'C3' Zone provisions contained in this By-Law Notwithstanding their "R1" Zoning designation, those lands identified by the zone symbol 'R1-b' on the Schedule" A" of this By-Law shall only be used in compl iance wi th the 'R l' Zone provisions contained in this By-Law, excepting, however, that a multiple unit residential building as this building exists at the time of passing of this By-Law may be pennitte:t. Notwithstanding their "R1" Zoning designation, those lands identified by the zone symbol "R1-c" on the Schedule "A" of this By-Law shall only be used in compliance with the 'R1' Zone provisions contained in this By-Law, excepting, however that the offices and facilities associated with the sale of insurance and swimming pool supplies, as they exist at the time of passing of this By-Law, may be penn i tte:t . TEXTNAME: tiverton (RlP: 67 . . . SECTION 10 - PROVISIONS FOR RESIDENTIAL ZONE 5 (Mobile Home Residential) RS 10. 1 Uses P ermi tted No person shall within the RS Zone use any lot or erect. alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses - a mob11e home park _ a detached dwelling accessory to a mobile home park - a mob He home (bl Non-Residential Uses _ buildings. structures and uses accessory to a permitted use. including an administrative and sales office for a mobile home park and a mobile home park recreation building - a sewage disposal system 10. 2 Zone Provisions No person shall use wi thin an RS .Zone any lot or erect. alter or use any building or structure except in accordance with the following provisions: ( al Prov isions for Re sid enti al No n- Re sid en tial Mobile Home Park Min imum park area 4 hectares Not a p p I i c ab 1 e (10 ac res l Mi n im urn park pI an ting 20 metres Not appl ic.ab Ie area (66 fee tl Mi n im un open s pa c e 10% o f par k No t appl icable and r ecreat ion area area Min imum fr 0 n t yard 7. 5 me tr e s No t appl icable (25 fee tl Min imun side yard 7.5 metres Not a p p 1 i c ab 1 e (25 fee tl Mi n im un rear yard 7. 5 metres Not appl icable (25 fee tl ~ fEXTNAME: tiverton (R)P: 68 . . . ( b) Prov i sio n s for Home Sites and Accessory Uses Residential No n-Resid ential Minimum Area for Eac h Mob il e Home Si te (m un ic i pall y- 0 pera t ed pi ped wa ter serv ic ing o nl y) 1500 m2 (16140 ft2) Not applicable 550 m2 (6000 ft2) No t a ppl ic ab 1 e Minimun Area for Each Mobile Home Site (both municipally- operated piped water serv ic ing and m un i c i pall y - 0 per at ed sanitary sewer servicing) Min 1m urn se para t ion from a mobile home Not applicable 10 metres (33 feet) Minimum ground floor area 40 m2 (430 ft .2) Not applicable Max im um g ro und floor area Not applicable 60 m2 (650 square feet) Minimum front yard For Eac h Mob il e Home Si te 5 metres . (16 feet) No t a ppl ic abl e Mi n im un sid e yard For Each Mob Ue Home 51 te 2 metres (6 feet) No t a ppl ic ab 1 e Maximum Building He ig ht 4 me tres (13 feet) 5 metres (16 feet) (c) Provisions for Mobile Home Park Roads All road s wi thin a mob Ue home park shall have a m in imun width of 10 metres (33 feet) and shall be constructed and maintained in such a manner as to eliminate dust. (d) Provisions for Accessory Detached Dwelling One detached dwelling may be constructed and shall be accessory to a mobile home park and such dwelling shall be used only as the principal residence for an owner, manager or caretaker of the mobile home park. TEXT NAME: tiverton (R)P: 69 . . . (e) Provisions for Planting Areas Mobile Home Park Planting areas as provided for in Section 6.14 of this By-Law shall be provided along the mobile home park's front, side and rear lot lines. Mob i Ie H om e Sit e Planting areas of a width not less than 2 metres (6 feet) shall be prov id ed in accord anc e wi th See tio n 6.14 of this By-Law along the boundaries of individual mobile home si tes . (f) Provisions for a Mobile Home not Located within a Mobile Home Park Mobile Homes located on individual lots shall conform to the provisions of the R1 Zone. 10.3 Special Provisions "W" ... '" '''In, I L.. I ~ .. V al. '-''-' II \ " ". , \.I PROVISIONS FOR RESIDENTIAL ZONE 6 (L 0 wOe n sit y M u 1 tip 1 e F am i 1 y Res ide n t i a l) R 6 ~ 11.1 USES PERMITTED SECTION 11 No person shall within any R6 Zona use any lot or erect. alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses - a d e t ac h ed d well in g - a semi-detached dwelling - a duplex dwelling - a tr i pI ex d we 11 in g - a fourplex dwell ing (b) Non-Residential Uses - buildings. structures and uses accessory to a permitted use 11.2 ZONE PROVISIONS ~ No person shall within any R6 Zone use any lot or erect or use an y build i ng or s tr uc t ur e exce pt in accord ance wi th the following provisions. PROVISIONS SE MI -DET ACHED DWELLINGS DUPLEX DWELLINGS TRIPLEX DWELLINGS FOURPLEX o VELLINGS TEXTNAME: tiverton (R}P: 71 PROVISIONS SE MI -OET ACHED DUPLEX TRIPLEX FOURPLEX . DWELLINGS DWELLINGS DWELLINGS D~LLINGS Max i.rn urn he ig ht 10m 10m 10m 10m main building Max im um he ig ht 4m 4m 4m 4m accessory building Max imum lot 25% 25% 25% 25% coverage municipal wa ter and sewer 11.3 Detached dwellings shall be erected, altered or enlarged in accordance with the provisions of the R1 Zone. 11.4 SPECIAL PROVISIONS (a) Where municipally-operated sanitary sewer services are not provided the minimum lot area and minimum lot frontage requirements provided for in Section 11.2 shall be increased by 100% and 75%, respectively. . . TEXT NAME: ti\!erton (R)P: 72 SECTION 12 - PROVISIONS FOR RESIDENTIAL ZONE 7 ( Mad i um 0 ens i t y M u I tip I e F am i I y Res ide n t i a I) R 7 . 12.1 USES PERMITTED No person shall within any R7 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (al Residential Uses - a townhouse dwelling - a maisonette dwelling - an a par tin en t dwell i ng (bl Non-Residential Uses _ buildings. structures and uses accessory to a permitted use 12.2 ZONE PROVISIONS No person shall within any R7 Zone use any lot or erect or use any building or structure except in accordance with the following pro\! isio ns. . PROVISIONS MAISONETTE AND TO W\JHOUSE 0 WELLINGS APART MEN T DWELLINGS (both municipally- oper ated pi ped wa ter s ys ten and m un i c i pa 11 y - operated sani tary sewer system) 300 square metres (3000 square feet) (per unit) 275 square metres (2900 s quar e fee t) ( per un it) Min imum 10 t area Min im um fron t yard 30 metres 30 metres (100 feet) (100 feet) 5 me tres B metres ( 1 6 fee t) (26 feet) 10 metres 10 metres (33 feet) (33 feet) 7.5 me tres 10 metres (25 feet) (33 feet) Min im urn lot frontage Min imum sid e yard Min imum rear yard . TEXT NAME: tiverton (R)P: 73 PROVISIONS MAISONETTE AND APART MENT . TO Vl'JHOUSE 0 WELLING S DWELLINGS Mi n im t..m f1 oar area (1) b ac h el or unit 40 s quar e me tres 40 square metres (430 s quare feet) (430 square feet) (2 ) one bedroom 60 square metres 60 square metres un it (650 square feet) (650 square feet) (3 ) two bedroom 70 square metres 70 square metres unit (750 square feet) (750 square feet) (4 ) t hr e e bedroom 90 square metres 90 square metres un it (950 square feet) (950 square feet) (5 ) more than t hr ee 90 square metres ... 1 0 s q u ar e me tr e s bed room un its for sac h bed room in excess of three Max im um he ig ht- 10m e tr e s 10 metres main bui ld ing (33 feet) (33 feet) Max im urn height- 3 me tres 3 metres accessory building (10 feet) (10 feat) . Max im urn lot 10% 35% coverage Min im um 1 and sca pad 50% 50% open spac a 12.3 SPECIAL PROVISIONS . TEXTNAME: tiverton (R)P: 74 . SECTION 13 - GENERAL PROVISIONS FOR ALL COMI"ERCIAL ZONES - C 13.1 OUTSIDE STORAGE AND DISPLAY Areas for the display or exhibition of goods. materials. produce or nursery stock may be established in any yard subject to the following provisions: ( a) The display area shall not be located in any required parking or loading area. (b) Front. side and rear yards shall be provided for the display area equivalent to the main building yard requirements for the appl icable zone. 13.2 LIGHTING Where lighting facilities and/or illuminated signs are provided. they shall be so arranged as to deflect light away from any abutting Residential Zone. 13.3 ACCESSORY AND OTHER RESIDENTIAL USES Accessory and other residential uses pennitted within a Commercial Zone shall comply with the requirements of Section 6.21 of this By-law. . 13.4 PLANTING AREAS Where a Commercial Zone abuts a Residential Zone. planting areas as provided for in Section 6.13 shall be provided. 13.6 NUMBER OF BUILDINGS PER LOT Not more than one main building or structure may be erected on one lot. 13.7 EXISTING LOTS In any Commercial Zone where an existing lot has a lesser lot area and/ or lot frontage than the min imun required by the zo ne provisions of its applicable zone. such lot may be used in accordance with its applicable zone provisions provided that: ( 1) all other provisions of this By-Law are canpl ied wi t h . . I TEXT NAME: tiverton (R)P: 75 . SECTION 14 - PROVISIONS FOR COMMERCIAL ZONE 1 (Business District Commercial) C1 14.1 USES PERMITTED No person shall within the C1 zone use any lot or erect. alter or use any building or structure for any purpose except one or more of the following uses. (a) Residential Uses _ a detached dwelling dwelling existing at the date of passing of this By-law - a dwelling unit forming an integral part of the building or structure containing a permitted non-residential use except an automobile service station, and a boat and snownobile sales and service establishment. ( b) Non-Residential Uses . - a retail store - a g ener al store - a personal service shop - a business or professional office - a cl in ic - a federal. provincial. county or municipal g ov ernmen t adm ini strat ion- build ing - a b an k 0 r tr us t com pa n y - a po 5 t 0 f f ice - an automotive repair estab~ishment - an automotive sales est19blishment an automobile service stati6n a boat and snownobile sales and service establish- ment - a restaurant, a drive- in restaurant. a take-out restaurant - a tavern or publ ic ho use - a food or grocery store - a liquor retail outlet - a pI ac e 0 f enter tainment - a service shop - a motel, hotel or lodge - a funeral home - a dry cleaning establishment - a commercial educational facility - a public transportation depot - a shopping centre _ a parking lot and/or public enclosed parking area - a publ ic or pr ivate par k _ buildings, structures and uses accessory to a permi tted use e" 14.2 ZONE PROVISIONS No person shell within eny C1 zone use eny lot or erect, alter or use any building or structure except in accordance with the following provisions: ....- TEXTNAME: tiverton (R)P: 76 . Provisions min in un lot area m1l1lm un lot frontage min in un lot frontage,corner lot min in un front yard m in in un recr yard min im un si d e yard . mlnlmun exterior sid e yard min im un grOl.nd fl oor cr ea fT1t3( in un build ing height, main building met><:in un build ing height, accessory building met>< :in un lot COVErage Footnote Both Municipally~ oparated sanitary se1/lBr serv ic ing ald Mun icipall y- I''\,m ic ipall y- oparatad piped oparated piped IfBter IfB tar serv ic ing servicin~ only 600 square metres 1400 square metres '- (6455 square feet) (15000 square feet) 15 meires 30. 5 metr es (50 feet) (100 feet) 18 metres 33 metres (60 feet) (110 feet) o metres o metres 10 metres 10 metres (33 feet) (33 feet) o metr es ( a) 3 metres (1o feet) 7. 5 metres 7.5 metr'es (25 feet) (25 feet) 70 square metres 70 square metres (755 square feet) (755 square feet) 10 metres 10 metres (33 feet) (33 ""'feet) 4 metres 4 metres (13 feet) (13 feet) 50% 30% (a) Where there is no unobstructed public or private lane or street capable of providing continual access to the rear yard of a building for fire or other emergency vehicles, a three (3) metre wide minimum side yard on one side of the lot shall be provided. 14.3 SPECIAL PROVISIONS . Notwithstanding their 'C1' zoning designation, those lands identified by the zone symbol 'C1-~' on the Schedule "A" of this By-law shall only be used in ccrnpliance with the 'C1' zone provisions contained in this By-Law excepting. however that a club house and uses accessory thereto may be permitted in c011pliance with the 'I' zone provisions contained in this By-Law. ( a) I ~ TEXT NAME: tiverton (R)P: 77 . (b) Notwithstanding their 'C1' zoning designation, those lands identified by the zone symbol 'C1-b' on the Schedule "A" of this By-Law shall only be used in ccrnpliance with the 'C1' zone provisions contained in this By-Law excepting, however that a fire hall"_and uses accessory thereto may be permitted in canpliance with the 'I' zone provisions contained in this By-Law. . (e) Notwithstanding any requirement contained in this By-law to the contrary, the off-street parking regulations of Section 6.15 of this By-law shall not appl y to non-residential uses. Permitted residential uses shall canply with Section 6.15, excepting, however, that dwelling units forming an integral part of a non-residential use shall provide one parking space per dwell in g un it. (d) Notwithstanding any requirement contained in this By-law to the contrary, the planting area regulations of Section 6.14 and the loading regulations of Section 6.16 shall not apply to any permitted use in a C1 Zone. (e) Notwithstanding any requirement contained in this By-law to the contrary, permitted dwelling units forming an integral part of a nan-residential use need not be accessory to a non-residential use, but Section 6.21 of this By-law shall apply with necessary modifications. . TEXT NAME: tiverton (R)P: 78 . SECTION 15 ~ PROVISIONS FOR COMMERCIAL ZONE 3 (Highway Commercial) - C3 15. 1 USES PER MI TTED No person shall within a C3 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the followng uses: (a) Residential Uses - an accessory dwelling unit forming an integral part of the building or structure containing a permitted no n-res id en t i al use exce pt an a utomobi1e serv ic e station and automobile repair establishment. ( b) , Non-Residential Uses . - an automobile service station - an automobile repair establishment - an automobile sales establishment - an automobi1e car wash - a retail or wholesale store involving the sale of heav y machinery, fuels, factory equipment, building supplies, major household furnishings and appliances, boats and/or other recreational equi pn en t - a par king lot - a restaurant, a drive- in restaurant, a take-out restaurant - a tavern or public house - an establislTnent for the sale of nursery stock andlor g ard en suppl ie s - a mo tal and/ or touri st home, - a drive-in theatre - a liquor retail outlet - bui ld ing s or str uc tures and use s ace assor y to a permi tted use. 15.2 ZONE PROVISIONS No person shall within any C3 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: . rEXTNAME: tiverton (R)P: 79 . . . Both MJnicipally- operated sanitary se~r servicing MJn 1c ipall y- ald M.Jnicipally- operated piped oper abed pi ped W3 tel' serv ic ing Provisions water servicing only min :im un lot ar ea 1400 square metres 1400 square metres (15.000 square feet) (15.000 square feet) m11l JJ11 un lot 30. 5 metres 40 metres frontag e (100 feet) (131 feet) min im un front 20 metres 20 metres yard (66 feet) (66 feet) min jrnun side 10 metres 10 metres yard (33 feet) (33 feet) min :im un rear 6 metres 6 metres yard (20 feet) (20 feet) ma< in un h3 ig ht 10 metres 10 metres (33 feet) (33 feet) mEP< in un lot 20% 20% cov~age min:imun floor crea 60 square metres for retail use (650 square feet) 6J square metres (650 square feet) mEP<:inun floor crea 300 square metres for retail use t3.226 square feet) 300 s quare metres (3226 square feet) 15.3 SPECIAL PROVISIONS (a) Notwithstanding their C3 zoning designation, those lands identified by the zone symbol C3-a on the Schedule "A" of this By-law shall only be used in ccrnpliance with the C3 zone provisions contained in this By-law excepting, however, that a federal, provincial. county or municipal maintenance building and uses accessory thereto may be permitted in ccrnpliance with the I Zone provisions contained in this By-law. TEXTNAME: tiverton (R)P: 80 SECTION 16 GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES - M . 16. 1 BUFFER ON LANDS ADJOINING RESIDENTIAL ZONES Where an Industrial Zone abuts a Residential Zone the following regulations shall apply: (a) No part of any industrial building shall be located closer than 20 metres (66 feet) of a Residential Zo n e , (b) A planting area shall be provided and maintained on the industrial land for the length abutting a Residential Zone and such area shall be used for no other purpose except landscaping, (c) Where lighting facilities and/or illuminated signs are provided, they shall be so arranged as to deflect I ight away from an abutting Residential Zone. 16.2 ACCESSORY RESIDENTIAL USES Accessory residential uses permitted within an Industrial Zone shall comply with the requirements of Section 6.21 of this By-l aw. 16.3 SERVICING REQUIREMENTS . No lot within an Industrial Zone shall be used for the purpose of an industrial use or an accessory residential use, unless such lot is serviced by a sewage disposal system and either a municipally-operated piped water supply system or-Sprivate water suppl y systen. . TEXT NAME: tiverton (R)P: 81 SECTION 17 . 17. 1 USES PERMITTED - PROVISIONS FOR LIGHT INDUSTRIAL ZONE 4 (L ight Industrial) - M4 No person shall within the M4 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses - an accessory dwelling unit if fonning an integral part of the building or structure containing a pennitted non-residential use. ( b) Non-Residential Uses . - light manufacturing establish11ents for the assembly of metal or w:Jod products,or the repair or ref u rb i s h11 en t 0 f m ac h i n er y us ad b y i nd us tr y 0 r agriculture, a furniture plant, a clothing or textile plant, a printing plant or a plant for the manufacturing of paper products - a wholesale use - a bulk sales establishment - a construction contractors yard - a transportation and communications utility yard and tann in al - a cement manufacturing plant - a gran ar y or feed mill 17.2 ZONE PROVISIONS No person shall within any M4 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions M.micipally operated piped \oa tar serv ic ing only NJ M.m ic ipal 93 \oar or M.m ic i pal Water Servicing minimlJ'n lot area 3000 square metres (32300 square feet) 4000 square metres (43100 square feet) mm ]JTl un lot frontage 30 metr es ( 1 00 feet) 40 metres (131 feet) . TEXTNAME: tiverton (R)P: 82 I'1Jn ic ipall y- rt:J M.Jn ic i pa 1 . operated pi pad 93 \'Br or '^-Ster servicing M.m icipal '^-Star Provisions only servicing min im un front 15 metres 15 metres yard (50 feet) (50 feet) min im un side 5 metres 5 metres yard (16 feet) (16 feet) min im un rear- 10 metres 10 metres yard (33 feet) (33 feet) ma<imun lot 30% 20% coverage min imun grolJ1d 70 square metres 70 square metres fl oor crea (755 square feet) (755 square feet) ma< im un build ing 15 metres 15 metres he ig ht (50 feet) (50 feet) 17.3 SPECIAL PROVISIONS . . TEXT NAME: tiverton (R)P: 83 . SECTION 18 - PROVISIONS FOR INSTITUTIONAL ZONE I 18.1 USES PERMITTED No person shall within any I Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses - an accessory dwelling unit or an accessory detached dwelling in conjunction with a church for use as the residence of the minister, rabbi or other religious head of the church congregation. ( b) Non-Residential Uses . - a c h u rc h - a museum - a clinic - a pub 1 ic lib rar y - a fire hall - a public school - a day nursery - a separate school - a cl ub house - a private school - a curling arena - a post office - a municipal or provincial sewage treatment plant or pumping station - a municipal or provincial water treatment plant or pum pi ng sta tio n - a federal, provincial, county or municipal govern- ment administration or maintenance building - a federal, provincial, count-y, municipal goverrment or school board recreation building, park and recreation facility and conmunity centre - buildings, structures and uses accessory to a permi tted use - a nursing home 18.2 ZONE PROVISIONS No person shall within any I Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions: . TEXTNAME: tiverton (R)P: 84 . . . Provisions minirnun lot area min irnun lot fron tag e m in im un lot fron tag e corner lot minimum front yard minimurn rear yard min irnum side yard rn in irn um ex ter ior sid e yard minimum ground floor ar ea m ax 1m um b u i ld in g height, main building m ax im un b u i 1 din g height, accessory building maximum lot cover ag e Footnote Bo th Mun ic ipall y- o perated san i tary sewer serv ic ing and Municipally- o per ated pi ped water servicing 1000 square metres (10765 square feet) 30 metr es (100 feet) 33 metr es (110 feet) 7.5 me tres (25 feet) 10 me tres (33 feet) 1.5 metres (a) (5 feet) 7. 5 me tr e s (25 feet) 70 s quare me tres (755 square feet) (a) 10 metres (33 feet) 4 metr es (13 feet) 30% Mun ic ipall y- o pera tad pi ped wa ter serv ic ing only 1600 square metres (19400 s quare fee t) 30 metr es (100 feet) 33 metr es (110 feet) 7. 5 me tr e 5 (25 feet) 10 metres (33 feet) 1.5 metres (5 feet) 7.5 metres (25 feet) 70 s quar e me tre s (755 sq. ft.) (a) 10 metres (33 feet) 4 metr as (1 3 fee t) 20% (a) Structures or buildings used for recreation, or maintenance shall conform to the requirements of the above, save and except for the minimun ground floor area which may be reduced to 30 square metres (320 square feet) · TEXTNAME: tiverton (RJP: 85 16. 3 . . . SPECIAL PROVISIONS (a) Notwithstanding their 'I' Zoning designation, those 1 and s id en ti fi ed by the zo ne symbol 'I -a' on the Schedule" A" of this By-Law shall only be used in compliance with the 'I' Zone provisions contained in this By-Law excepting, however, that a publ ic library, a municipal government administration building and a clinic, and uses accessory to the foregoing uses shall only be permitted. T"EXTNAME: tiverton (R)P: -86 SECTION 19 - PROVISIONS FOR OPEN SPACE 1 - OS1 (General Open Space) . 19.1 19.2 . USES PERMITTED No person shall within any 051 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (a) Residential Uses - not penni tted (b) Non-Residential Uses - a park, a conservation area, a picnic area, a hi storie si te - eanpgrounds owned and operated by a publ ic authori ty - build ings, structures & uses accessory to a permitted use ZONE PROVISIONS No perso n shall wi thin an y OS 1 Zo ne use an y I and or er ec t, alter or use any building or structure except in accordance with the following provisions: Provisions Nan-Residential Minimium lot area 1 hectare (2.5 acres) Minimum building setback 15 metres (50 feet) from an y lot 1 in e Maximum height main building 10 metres (33 feet) Maximun height accessory build ings 4 metres (13 feet) Maximun lot coverage 1% Minimum landscaped Open Space 75% 19.3 SERVICING REQUIREMENTS . No lot within an 051 Zone shall be used for any pennitted non-residential use, unless it is serviced by a municipally-operated piped water supply system and a sewage disposal system. TEXT NAME: tiverton (R)P: 87 19.4 SPECIAL PROVISIONS . ( a) . Notwi thstand ing their OS 1 zon lng designation, where lands are delineated as OS1-a on the Schedule "A" of this By-law, no person shall within an OS1-a zone use any lot or erect or use any building or structure, except in canpliance with the OS1 Zone provisions for any purpose except for the following: ( i) a c erne tel' y and/or co1 umb ari um {iU buildings, structures and uses accessory to a permi tted use, incl ud ing a chapel and a mortuary. (b) Notwithstanding their OS1 zoning designation, those lands identified by the zone symbol OS1-b on the Schedule" A" of this By-law shall only be used in compliance with the OS1 zone provisions contained in this By-law excepting, however, that a cl ub house and uses accessory thereto may be permitted in compliance with the I zone provisions contained in this By-law. ( 0) Notwithstanding their OS1 zoning designation, those lands identified by the zone symbol OS1-c on the Schedule "A" to this By-law shall only be used in conpliance with the OS1 zone provisions contained in this By-law excepting, however, that a municipal water storage tower and related punping facilities may be permitted. . . TEXTNAME: tiverton (R)P: BB SECTION 20 - GENERAL PROVISIONS FOR ALL AGRICULTURAL ZONES - A ~ 20.1 ACCESSORY DETACHED DWELLINGS In any Agricultural Zone, a maximun of one detached dwelling accessory to an Agricultural use may be erected on a lot. However, where two or more such detached dwellings lawfully exist on any single lot as of the date of passing of this By-law, such dwellings are permitted by this By-law so long as they continue to be used for that purpose. An accessory detached dwelling shall conform to all yard provisions of the Agricultural Zone in which it is located and to the following: a) the minimun ground floor area shall be 70 square metres (755 square feet). b) the maximun building height shall be 10 metres (33 fee t) . 20.2 EXISTING LOTS In any Agricultural Zone, an existing lot may be used for ~ (i) a existing non-agricultural detached dwelling provided that such lot and building confonns to the provisions for non-farm residential uses in its appl ieable zone and to all other provisions of this By-law, or (ii) any non-residential use pennitted by the A2 Zone no twi thstand ing tha t sue h 1 at may have a 1 esser lot area and/or frontage _than the mlnlffium r e qui r ed b y t h a A 2 Z 0 n e Pr 0 vis ion s pr 0 v i d ed t hat any such non-residential use confonns to all other provisions of the A2 Zona for non- residential uses and to all other provisions of thi s By-law. . " ..... ,... I '''''' I , '- . '-- .. V '-". '.n"", , I '" '" " . u..., SECTION 21 - AGRICULTURAL ZONE 1 (General Agricultural) - A1 . 21.1 USES PERMITTED No person shall within the A1 Zone use any lot or erect, alter or use any building or structure for any purpose excet one or more of the following uses: ( a) Res ide n t i a 1 Uses - an existing non-agricultural detached dwelling on a lot existing on the day of the passing of this By-law. (b) Non-Residential Uses - agricul tural uses - intensive agricultural uses - a domestic or household arts home occupation - wildlife sanctuaries - conservation areas - forestry - buildings, structures and uses acessory to a permitted use 21. 2 ZONE PROVISIONS . No person shall wi thin the A 1 Zone use any lot or erect, al ter or use any building or structure except in accordance with the following provisions: Provisions Non-Residential Non-F arm Residential minimum lot area 35 hac tares 0.5 h ee t ar e s (90 ac res) (1. 25 ac res) minimum lot 100 me tras 40 metres frontage (330 feet) (132 feet) minimum side 20 me tres 1 0 me tr e s yard (66 feet) (33 feet) min imum rear 20 metres 10 metres yard (66 feet) (33 feet) . - fEXTNAME: tiverton (R)P: 90 Provisions . minimum front yard m in im urn g ro u nd f1 oor ar ea max imum he ig ht max im urn lot coverage minimum separation from .accessory de t ac h ed d we 11 in g to an y 5 t r uc t ur e where an imal 5 ar e ho us ed 21.3 SPECIAL PROVISIONS . . Non-R esidential Non-F arm Residential 20 me tras (66 feet) 10 metres (33 feet) Not appl icabl e 70 square metres (755 square feet) Not applicable 10 metres (33 feet) 15% 10% 30 me tres (100 feet) No t a ppl ic abl e TEXT NAME: tiverton (R)P: 91 SECTION 22 AGRICULTURAL ZONE 2 (Restricted Agricultural) A2 4It 22.1 USES PERMITTED No person shall within the A2 Zone use any lot or erect, alter or use any build ing or structure for any purpose except one or more of the following uses: ( a) Res ide n t i a 1 Uses - an existing non-agricultural detached dwelling existing on a lot existing on the day of the passing of this By-Law (b) Non-Residential Uses - agricultural uses, but not intensive agricultural uses and liquid manure storage facilities - a household or domestic arts home occupation - wildlife sanctuaries - conservation areas - fore s tr y . - buildings, structures and, uses accessory to a pennitted use 22.2 ZONE PROVISIONS No person shall within the A2 Zone use_any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non-Residential Non-F arm Residential minimun lot area 37 hec tares 4000 5 quar e m etr es (92 ac res) (43,100 square fee t) min im un lot frontage 100 metr es 30 metr es (330 fee t) (100 fee t) min im un sid e yard 20m e tr e s 5 metr es (66 fee t) (1 6 fee t) min im un rear yard 20 metres 10 metres (66 fee t) (33 fee t) . TEXT NAME: tiverton (R)P: 92 . . 22.3 . Provisions min imun front yard min 1m un gro und floor area 0 f detached dwell ing maximum height of buildings and str uct ures minimun lot coverage m 1 n J.n1 urn s e par a t ion d 1 s tan c e fr om a 1 i v e- stock or paul try barn to a detached dwelling SPECIAL PROVISIONS Non-Residential 20 metres (66 feet) 90 square metres (950 square feet) for more than 1 storey 70 square metres (755 square feet) far 1 storey 20 me tres (66 feet) 15% 30 metres (100 feet) N on-F arm Residential 10 metres (33 feet) 90 square metres (950 square feet) for more than 1 storey 70 s quar e metr es ( 75 5 5 q U ar e fee t) for 1 storey 10 metres (33 feet) 10% no tap p 1 i cab 1 e .,~' - TEXT NAME: tiverton (R)P: 93 SECTION 23 - PROVISIONS FOR PLANNED DEVELOPMENT ZONE - PO ~ 23.1 USES PERMITTED No person shall within an PO Zone use any lot or erect or use any building or structure, for any purpose except for one or more of the following: uses, buildings and structures existing at the date of passing of this By-law, uses permitted in the A2, 051 and EH Zones provided that no buildings or structures are erected. the expansion or enlarganent of detached dwellings existing as of the date of passing of this By-law in accordance with the R1 Provisions contained within this By-law. a domestic or household arts home occupation conducted within a permitted detached dwelling. 23.2 SPECIAL PROVISIONS ~ . TEXT NAME: t iverto n (R)P: 94 SECTION 24 - PROVISIONS FOR ENVIRONMENTAL HAZARO ZONE - EH . 24.1 USES PER MITTEo No person shall within any Environmental Hazard Zone use any lot for any purpose except for one or more of the following us e s : a park, a conservation area, a picnic area, a historic site - non- intensive agricultural uses 24.2 STRUCTURES PERMITTED No person shall within any Environmental Hazard Zone erect, al ter or use any building or structure for any purpose except for one or more of the following: - non-habitable buildings and/or structures designed for the purposes of flood and/or erosion control - non- habitable buildings and/or structures accessory to parks, conservation areas and picn ic areas. 24. 3 ZONE PROVISIONS . No person shall within any Environmental Hazard Zone use any land or erect, alter or use any building or structure, for flood and/ or era s io n con trol pur po sas exce pt in accord anc 8 with the following provisions: Provisions maximun building size _20 s quar e m etr es (215 square feet) 3 metres (10 feet) maximLm building height 24.4 SPECIAL PROVISIONS . '.\T;:i;, TEXT NAM E: t i v er to n (R)P: 95 . SECTION 25 - ENACTMENT 25.1 CONFLICT WITH OTHER BY-LAWS In the event of any conflict or inconsistency between this By-law and any other general or special By-law of the Corporation, the provisions of this By-law shall prevail. 25.2 REPEAL OF EXISTING BY-LAWS From the coming into force of this By-law, all previous By-laws passed under Section 34 of The Planning Act, 1983 or a predecessor thereof, shall be deemed to have been repealed, incl ud ing, bu't not 1 imi ted to, the following By-laws: By -law No. 77-1 By-law tIb. 77-2 By-law No. 81-9 By-law tIb. 83-3 25.3 EFFECTIVE DATE This By-law shall come into force on the date it is passed by Council subject to the provisions of The Planning Act, 1983. I. READ A FIRST TIME THIS :l.3IDDAY OF ~-t---rx._,!-U..J ,1986. READ A SECOND TIME THIS ;<3AC.(. DAY OF ~~--4'?1-L..(----J , 1986. READ A THIRD TIME AND FINALLY PASSED THIS d3/CD DAY OF ~0'1li/1?t ~I €.-(), 1 986 . (Signed) (./;'. "' . /7'( (~.? nl,' Wi 11 i an Cr anr-~- . ~.~;.: . 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