THE
ZONING BY-LAW
OF THE
CORPORATION OF
THE TOWNSHIP OF
MORRIS

BY-LAW NO. 22- 1989

BEING A BY-LAW UNDER THE PROVISIONS OF SECTION 34 OF THE PLANNING ACT 1983, TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES AND TO PROHIBIT CERTAIN BUILDINGS AND STRUCTURES IN VARIOUS DEFINED AREAS OF THE CORPORATION OF THE TOWNSHIP OF MORRIS.

WHEREAS the Municipal Council of the Corporation of the Township of Morris considers it advisable to restrict, prohibit and regulate the use of land situated within the defined areas, as hereinafter designated, for the purpose of preventing any further development which would create an adverse effect on the Corporation, and to prevent the use of lands that would jeopardize future orderly development and expansion, and to protect the natural environment;

NOW THEREFORE the Council of the Corporation of the Township of Morris ENACTS as follows:

1.1.             Title

This By-law shall be known as the Zoning By-law of the Corporation of the Township of Morris.

1.2.         Application

The provisions of the By-law shall apply to all lands over which the Corporation of the Township of Morris has jurisdiction.

1.3.         Administration and Enforcement

This By-law shall be administered by the person designated by the Council of the Township of Morris as the "By-law Enforcement Officer", and no permit for the use of any land, building or structure or approval of any application for any municipal licence within the jurisdiction of the Council shall be issued where the proposed building, structure or use would be in violation of any provisions of this By-law.

1.4.         Violation and Penalty

Every person who uses or alters the use of any land or lot or alters or erects or uses any building or structure in a manner contrary to any requirements of this By-law, or who causes or permits such use or erection or alteration, or who violates any provisions of this By-law or causes or permits a violation, is guilty of an offence and upon conviction thereof shall be liable to a fine as set out in Section 66 of the Planning Act (1983) for each offence, and each day of the occurrence of the offence shall be deemed to be a separate occurrence. Every such penalty shall be recoverable under the Provincial Offences Act, as amended from time to time.

1.5.         Remedies

Where any building or structure is, or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or structure or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer, or of the Planning and Development Committee or of the Township pursuant to the provisions of The Planning Act, The Municipal Act, or The Judicature Act, as amended from time to time.

1.6.         Litigation

This By-law shall not affect the rights of any party or any land concerned in any action, litigation or other proceeding pending on the date of the final passage thereof, except to the extent to be determined in the final adjudication of such action, litigation or other proceedings.

1.7.         Scope

No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged or demolished within the limits of the Township except in conformity with the provisions of this By-law.

1.8.         Meaning of Use

Unless the context otherwise requires, the expression "use" or "to use" in this By-law shall include anything done or 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 with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land, building or structure.

1.9.         Idem

Unless the contrary intention appears in this By-law, words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse. For the purpose of this By-law, words used in the present tense include the future.

1.10.       Shall to be Mandatory

The word "shall" shall always be construed as mandatory in this By-law.

1.11.       Severability

If any provision of this By-law, including any part of the zoning as shown on the zoning maps, is for any reason held to be invalid, it is hereby declared to be the intention, that all the remaining provisions shall remain in full force and effect until repealed, notwithstanding that one or more provisions shall have been declared to be invalid.

1.12.       Applications for Building Permits

1.12.1. Application in all Zones Other than AG1 and AG2

1.12.1.1. Within all zones, with the exception of AG1 and AG2, every applicant for a building permit for a new building or an addition to a building shall, in addition to all the requirements of the Ontario Building Code, include a site plan drawn to scale showing:

1.12.1.1.1. dimensions of the lot;

1.12.1.1.2. the location and dimensions of all existing and proposed buildings and storage facilities;

1.12.1.1.3. the dimensions of all yards, drives, and parking areas;

1.12.1.1.4. the location of all easements which may be located on the property;

1.12.1.1.5. a statement signed by the owner of the property giving the exact nature of the proposed use of all buildings and lands;

1.12.1.2. In addition, the Chief Building Official may require any or all of the following information:

1.12.1.2.1. the distance to any livestock buildings within 610 metres;

1.12.1.2.2. information concerning curbing, retaining wall, or alteration to natural drainage, if applicable;

1.12.1.2.3. the location of any municipal or private tile drainage which may drain any neighbouring property;

1.12.1.2.4. the location of any municipal services which are available on this property (water, sewage, telephone and gas);

1.12.2.  Applications in AG1 and AG2 zones

1.12.2.1. Within an AG1 or AG2 zone every applicant for a building permit for a new building or an addition to a building shall, in addition to all requirements of the Ontario Building Code, include a site plan drawn to scale showing:

1.12.2.1.1. dimensions of the lot;

1.12.2.1.2. the location and dimensions of all proposed buildings and storage facilities;

1.12.2.1.3.  the dimensions of all yards;

1.12.2.1.4. a statement signed by the owner of the property giving the exact nature of the proposed use of all buildings and lands.

1.12.2.2. Further to the provisions of 1.12.2.1., the Chief Building Official may require any or all of the following information:

1.12.2.2.1. the distance to any livestock buildings within 610 metres;

1.12.2.2.2. information concerning curbing, drives, parking areas, retaining wall, or alteration to natural drainage, if applicable;

1.12.2.2.3. the location of all easements which may be located on the property;

1.12.2.2.4. the location of any municipal or private tile drainage which may drain any neighbouring property;

1.12.2.2.5. the location of any municipal services which are available on this property (water, sewage, telephone and gas);

1.12.2.2.6. the location and dimensions of all existing buildings and storage facilities.

1.12.3. Further to Section 1.12.2.1., applications for all buildings for livestock and all structures for manure storage will provide the following additional information:

1.12.3.1. the location, distance and use of all buildings within 305 metres (in a “General Agriculture (AG1) zone) of the proposed buildings and/or storage facility OR within 610 metres (in a “Restricted Agriculture” (AG2) zone) of the proposed building and/or storage facility;

1.12.3.2. type of livestock; livestock capacity; and the type of manure disposal;

1.12.3.3. Any application for the establishment of a liquid livestock manure storage facility will be required to submit additional information as set out in the Township Liquid Manure Pit by-law;

1.12.3.4. A statement signed by the owner of the property giving the exact nature of the proposed use of all buildings and land.

1.13.       Licences and Permits

No Municipal permit, certificate, or licence shall be issued for a use of land that does not conform to this by-law.

1.14.       Buildings to be Moved

No building, over 10 sq. metres, residential or otherwise, shall be moved within the limits of the Township or shall be moved into the Township from outside, without a permit from the Chief Building Official.

1.15.       Building Inspection

The By-law Enforcement Officer, Chief Building Official or any employee of the Township acting under the direction of the By-law Enforcement Officer or any peace officer having jurisdiction in the Township is hereby authorized to enter with prior notification between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. on any day but Sunday upon any property or premises or structure for the purpose of discharging his duties and obligations under this By-law, or if there is reason to believe that the provisions of the By-law are not being complied with in whole or in part. Where the owner or occupier refuses consent, entry may be made under the authority of a search warrant issued under The Provincial Offences Act.

1.16.       Repeals

From the coming into force of this By-law all previous By-laws passed by the Township, under Section 34 of the Planning Act or a predecessory thereof, shall be deemed to have been repealed.

1.17.       Zones, Symbols, Section Numbers

For the purposes of this By-law the Township is hereby divided into the following use zones:

1.18.       Zoning Map

The Zones set out in 1.17. and the boundaries of such zones are shown upon the maps attached hereto, marked Schedules designated as the Zoning Maps which zones, boundaries and maps form part of this By-law.

1.19.       Boundaries of Zones

Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Maps, the following rules shall apply:

1.19.1.    Centreline Limits

Where any zone boundary is shown as approximately the centre line of a street, lane, watercourse or any other right-of-way, such zone boundary shall be construed to follow the centre line of the street, lane, watercourse or other right-of-way or the production thereof;

1.19.2.    Lot Lines

Where the Zone boundaries are not shown to be roads or lanes, and where indicated boundaries on the zoning maps are approximately lot lines, the said lot lines shall be construed to be the zone boundaries unless the said boundaries are otherwise indicated on the maps;

1.19.3.    Schedule Limits

The limit of any map comprising any Schedule forming part of this By-law as shown on the Key Map of such Schedule shall be deemed to be the boundary of the Zone adjoining such limit;

1.19.4.    Symbol of Zones

Where one symbol is used on the Zoning Maps to indicate the zone classification of an area divided by a road or lane, the said symbol shall establish the classification of the whole of such area;

1.19.5.    Closed Road or Lane

In the event a dedicated road, lane or railway, shown on the maps is closed, the property formerly in said road, lane or railway shall be included within the zone of the adjoining property on either side of the said closed road, lane or railway. In the event the said road, lane or railway was a zone boundary between two or more different zones, the new zone boundary shall be the former centreline of the said closed road, lane or railway;

1.19.6.    Boundaries Other Than Roads or Lot Lines

Where a zone boundary is not a road or lane, nor a lot line, and a specific measurement indicating the position of the said boundary is not shown on the zone map, or indicated in the text of the By-law, the position thereof shall be determined by scaling from the zone map located in the office of the By-law Enforcement Office.

1.19.7.    Zone Abuts Natural Watercourse

Where any zone on the Schedules abuts a natural watercourse, such zone shall be deemed to apply to the natural watercourse and any islands within the watercourse;

For the purpose of this By-law the definitions and interpretation given in this section shall govern:

2.1.         Abattoir

shall mean a building, structure or lot or part thereof used for the slaughter of livestock or other animals for the purpose of processing or rendering.

2.2.         Accessory

when used to describe a use, building or structure, means a use, or a detached building or structure, that is naturally and normally incidental, subordinate and exclusively devoted to supporting the principle use, building or structure and located on the same lot therewith. This does not include an accessory residence unless otherwise specified.

2.3.         Agricultural Industrial Establishment

shall mean the use of land and/or buildings or structures for the manufacturing and wholesale and/or retail sales of goods that are necessary to support agricultural uses. These include such goods as farm machinery and equipment used for tillage of soil, the planting, spraying, harvesting, transporting, treatment, processing and storage of grain, forage, feed, or forest products, products used for the housing and husbandry of livestock, poultry and fur-bearing animals, and the storage, handling and processing of milk, eggs, and manure and the manufacture of sub-surface drainage materials and equipment.

2.4.         Agricultural Processing Establishment

shall mean the use of land and/or buildings or structures for the processing of products derived from agricultural uses, as defined in this By-law. These shall include such products as seed, grain, feed and forage processing, storage and transport, fruit and vegetable storage and treatment, livestock and poultry assembly, sales and transport, a cheese factory, an egg grading station, a saw mill, an abattoir, a dead stock removal facility.

2.5.         Agricultural Service Establishment

shall mean the use of land and/or buildings or structures for the purposes of buying or selling commodities and services that are necessary to support agricultural uses as defined in this By-law. These shall include such sales and services as welding and machinery repairs, farm drainage and excavation, agricultural related trucking, well-drilling, contracting and trades related to farm buildings and structures, and custom spray, tillage, planting and harvesting services.

2.6.         Agricultural Supply Establishment

shall mean the use of land and/or buildings or structures for the purpose of supply of goods, materials or services that are necessary to support agricultural uses as defined by this By-law. These shall include such goods and services as sale, processing and storage of seed, feed, fertilizer and chemical products, farm machinery and equipment sales and service, and animal and poultry health and breeding services.

2.7.         Agricultural Use, General

means general farming and without limiting the generality of the foregoing shall include such uses as the general cultivation of land and the associated production, conditioning, processing and storing of field crops, vegetables, fruit, horticultural crops and nursery stock and the selling of such produced on the premises, the breeding and care of livestock, fowl, fur-bearing animals and bees, and the selling of such stock or the product of such stock raised on the premises, and the management of forest, and the sale of forest products, including fuel wood, pulp wood, timber, Christmas trees, and maple products, and includes a farm dwelling and accessory buildings and uses.

2.8.         Agricultural Use, Intensive

means the raising of livestock and includes a farm dwelling and accessory buildings and uses.

2.9.         Agricultural Use, Limited

means the raising and harvesting of field, bush, vine, forest or tree crops, grazing and trapping, and does not include a farm dwelling and accessory buildings and uses.

2.10.       Alter

shall mean any alteration in a bearing wall or partition or column, beam, girder or other supporting member of a building or structure or any increase in area or volume of a building or structure. When used in reference to a lot, the word "alter" means to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The words "altered" and "alteration" shall have a corresponding meaning.

2.11.       Amenity Area

means an area or areas within the boundaries of a lot intended for use for recreation, aesthetic purposes for a multiple dwelling project and may include landscaped open areas, patios, balconies, communal lounges, swimming pools, recreation facilities and any other areas which may be used for recreational or aesthetic purposes, but shall not include any driveway or parking area.

2.12.       Animal and Poultry Health and Breeding Service

shall mean the premises of a veterinary surgeon where animals, birds or other livestock are treated or kept, or the facility used for the insemination of livestock or poultry.

2.13.       Animal Unit: Deleted by By-law 22-2007.

2.14.       Assembly Hall

means a building, or part of a building, in which facilities are provided for such purposes as meetings for charitable, civic, cultural, educational, political, religious or social purposes and shall include a banquet hall, private club or fraternal organization, or community centre.

2.15.       Attached

means a building otherwise complete in itself, which depends for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.

2.16.       Automotive Repair Establishment

means a building and/or lot where the rebuilding, repair, or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning, is carried on but does not include an automobile service station, or wrecking yard.

2.17.       Automotive Sales and Service Establishment

shall mean a building and/or lot used for the display and sale of new or used motor vehicles, motorized recreational vehicles, light construction and lawn care equipment, and/or the servicing, repair, cleaning, polishing and greasing of these products, the sale of accessory and related products, the leasing or renting of motor vehicles, the retail sales of automotive lubricants and fuels, but shall not include any other automotive use defined in this By-law.

2.18.       Automotive Washing Establishment

shall mean a building and lot used for the washing or cleaning of motor vehicles by automobile washing equipment with a capacity greater than five cars per hour, and may include the sale of fuels to motor vehicles, but shall not include any other automotive use defined in this By-law.

2.19.       Automotive Wrecking Establishment

includes all automotive related salvage operations as included within a "Salvage Yard" as defined in this By-law, in which three (3) or more unlicensed derelict vehicles are stored outdoors.

2.20.       Basement

shall mean that portion of a building between two floor levels which is partly below finished grade level but which has at lease fifty percent of its height from finished floor to finished ceiling above adjacent finished grade level and in which the height from adjacent finished grade level to the ceiling is less than two (2) metres.

2.21.       Boarding or Lodging House

means any house or building in which the proprietor resides and occupies at least 10 percent of the floor space used for the purposes of the boarding house as his residence, and supplies for hire or gain to persons other than members of the proprietor's family, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings, but does not include a hotel, motel, apartment dwelling or nursing home.

2.22.       Building

includes any structure whether temporary or permanent, used or built for any purpose other than a lawful boundary, wall or fence. Any enclosure, awning, bin, bunk or other container, or platform, used upon any land or in conjunction with or connected to any structure for any purpose shall be deemed a building.

2.23.       Building By-law

means any building By-law within the meaning of the Ontario Building Code Act, as amended from time to time.

2.24.       Building Height

shall mean the vertical distance from the finished grade level to:

2.24.1. in the case of a flat roof, the highest point of the roof surface or parapet, whichever is the higher;

2.24.2. in the case of a mansard roof, the roof deckline, or

2.24.3. in the case of any other roof, the mean height between the eaves and the ridge; but exclusive of any structure accommodating an elevator, staircase, water tank, ventilating fan, skylight, aerial, steeple, cupola, chimney, firewall, smoke stack or other ornamental or utilitarian structure which rises above the roof level but does not provide habitable living space.

2.25.       Building Inspector

means the Chief Building Official or other employees of the Township for the time being charged with the duty of enforcing the provisions of the Building By-law and the Ontario Building Code, which shall mean any By-law of the Township from time to time in force regulating the erection, alteration or repair of building.

2.26.       Building Line

shall mean a line, the purpose of which is to establish the closest points to a street at which the building or structures may be located. The location of the building line shall be such that it is parallel to the centre line of the street and offset from the street line, as defined in Section 2.150 of this By-law, a distance equal to the minimum front yard dimension.

2.27.       Building, Main

shall mean the building designed and/or intended to accommodate the principal use permitted by this By-law.

2.28.       Building Setback

shall mean the minimum horizontal distance between the front lot line and the nearest part of any building, structure or open storage use on the lot.

2.29.       Bulk Sales Establishment

means the use of land, a structure or a building for the purposes of buying and selling fuel, oil, wood, coal, nursery stock, but does not include manufacturing, assembling or processing uses.

2.30.       Business Office

means any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business brokerage, or labour organization, and shall exclude such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement.

2.31.       By-law Enforcement Officer

means the officer or employee of the Corporation charged with the duty of administering and enforcing the provisions of this By-law.

2.32.       Canopy

shall mean a roof free of enclosing walls over an entrance to a building, structure, or gasoline pump island.

2.33.       Carport

shall mean a parking space that is enclosed or partially enclosed and has a roof, and is for the purpose of storing one or more private vehicles.

2.33.a.    Catastrophe:

An unanticipated, disastrous loss of part or all of a livestock facility, dwelling or other use due to fire, collapse, flood, wind or other such event.  (Amended by By-law 22-2007).

2.34.       Cellar

shall mean that portion of a building between two floor levels which has more than fifty percent of its height from finished floor to finished ceiling below adjacent finished grade level.

2.35        Cemetery

means a cemetery, columbarium or mausoleum within the meaning of The Cemetery Act of Ontario.

2.36.       Church

shall mean a building commonly used by any religious organization as defined in the Religious Organizations land Act, R.S.O., 1980) for public worship, and may include a rectory or manse, church hall, auditorium, day nursery or religious school associated with or accessory thereto.

2.37.       Clinic

shall mean a building or part thereof, used exclusively by physicians, dentists, their staff, and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms.

2.38.       Commercial Motor Vehicle

means any motor vehicle having permanently attached thereto a truck or delivery body and without limiting the generality of the foregoing includes: ambulances, hearses, motor buses and tractors used for hauling purposes.

2.39.       Commercial Use

shall mean the use of land, structure or building for the purposes of buying or selling commodities and/or supplying services, but does not include an industrial use.

2.40.       Commercial Grouped

means a planned commercial development consisting of a self-contained group of commercial establishments commonly known as a shopping centre or a shopping mall designed, developed and managed as an interdependent unit using common facilities, including on-site parking. Grouped commercial developments provide a wide range of general commercial uses, and in addition to the primary commercial uses, ancillary grouped commercial uses include an administrative office, used exclusively for the grouped commercial development, private loading, service, refuse disposal, mechanical, electrical, maintenance and storage areas.

2.41.       Conservation

shall mean the use of land and/or water for the purpose of planned management of natural resources.

2.42.       Corporation

means the Corporation of the Township of Morris.

2.43.       Council

means the Council of the Corporation of the Township of Morris.

2.44.       County

means the Corporation of the County of Huron.

2.45.       Coverage

means "Lot Coverage" as defined by this By-law.

2.46.       Dangerous Trades

means a use which is likely to create danger to health or danger from fire or explosion.

2.47.       Day Nursery

shall mean a "Day Nursery" as defined in the Day Nursery Act, as amended from time to time.

2.48.       Daylight Triangle

means an area free of buildings or structures and which area is to be determined by measuring from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line and the triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle.

2.49.       Dry Industry

shall mean an industry which by nature of its operation, process, or fabrication of raw materials or service rendered does not require a water supply other than that available from within the limits of the lot upon which the use is located, does not discharge effluent from the limits of the lot upon which the use is located or from which the only sewage effluent to be dispersed of within the limits of the said lot will be that produced from normal sanitary and eating facilities required for the employees.

2.50.       Dwelling

means a building, or part thereof, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, constructed on-site, or off-site, in parts designed to be transported to a lot and where they are joined as integral units and placed on a permanent foundation over a cellar or basement, but shall not include travel trailers, mobile homes, double-wide mobile homes, tourist trailers, camper and motor vehicles, hotels or boarding or rooming houses, motels, institutions or living quarters for a caretaker, watchman or other persons or persons using living quarters which are accessory to a non-residential building or structure.

2.50.1.    Dwelling, Single Family Detached

means a completely detached permanent dwelling to which entrance is gained only by a private entrance outside the building.

2.50.2.    Dwelling, Converted

means a dwelling unit constructed for permanent use which has been converted so as to provide therein up to three additional dwelling units provided the main dwelling unit was erected prior to the passing of this By-law and further that any changes or alterations to convert the dwelling do not increase its area, height or volume or extend beyond the exterior limit of the existing building, with the exception that a stairwell, entrance, vestibule or porch may be established provided that the addition does not increase the total grand floor area by more than 5% and does not change the single family residential character of the building.

2.50.3.    Dwelling, Semi-detached

means a building that is completely divided vertically into two dwelling units by a party wall of masonry construction, each dwelling unit having independent entrance, either directly from the outside or through a common vestibule.

2.50.4.    Dwelling, Duplex

means the whole of a dwelling that is divided horizontally into two dwelling units by a party wall of masonry construction, each dwelling unit having independent entrance, either directly from the outside or through a common vestibule.

2.50.5.    Dwelling, Group Home

means a residential dwelling for individuals recovering from social, mental, or physical problems operated as a single housekeeping unit in a residential area in which 3 to 10 residents, excluding staff or receiving family live as a family under responsible supervision consistent with the requirements of its residents but excludes a place of detention, correction or probation for individuals with a violent criminal history or record provided the group home is:

2.50.5.1. required to meet a demonstrable local need and has adequate support or service;

2.50.5.2. licensed or approved by the Province of Ontario;

2.50.5.3.registered by the Municipality;

2.50.5.4. meets all of the requirements of all Municipal By-laws;

2.50.5.5. is fully detached and wholly utilized by the group home occupants.

2.50.6.    Dwelling, Multiple Attached

means a separate building that is divided vertically into three or more dwelling units each of which has a separate and independent entrance at finished grade and separated from the adjoining unit or units by a common unpierced wall with no interior access between each dwelling unit and includes a row house, or townhouse.

2.50.7.    Dwelling, Multiple Family

means the whole of a dwelling not otherwise defined herein, which contains three or more dwelling units.

2.50.8.    Dwelling, Apartment

means a building or part thereof consisting of three or more dwelling units which units have a common entrance from the street level and the occupants of which have the right to use of common halls and/or stairs and/or elevators and yards but does not include a boarding or lodging house, a motel or a hotel.

2.50.9.    Dwelling, Farm

means a dwelling unit that is naturally and normally incidental and subordinate and exclusively used in conjunction with a farm and is situated on the same lot therewith.

2.50.10. Dwelling, Triplex

means a separate building that is not more than two storeys in height and is divided horizontally into three dwelling units each of which has an independent entrance either directly or through a common vestibule.

2.50.11. Dwelling, Quadruplex

means a separate building consisting of four dwelling units with two units at ground level and two units at second floor level.

2.51.       Equipment Sales & Rental

means a building or part of a building or structure in which heavy machinery equipment is offered for sale or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law.

2.52.       Erect

includes build, construct, or reconstruct, alter, enlarge and relocate and without limiting the generality of the foregoing, shall be taken to include any associated physical operation such as excavating, grading, berming, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension.

2.53.       Existing

means in existence, being an actuality as of the date of the final passing of this By-law.

2.53.a.    Expanded livestock facility:

Any building activity to construct or expand a livestock facility that requires a building permit and results in an increase, or decrease, in Nutrient Unit capacity on a lot, where there already was some existing Nutrient Unit capacity.  (Amended by By-law 22-2007).

2.54.       Extractive

use shall mean the use of land and/or buildings, or structures for the removal of gravel, stone, sand, earth, clay, fill, mineral or other similar substance for construction, industrial or manufacturing purposes; and includes accessory uses.

2.55.       Farm Produce Sales Outlet

means a fruit, vegetable, flower, or farm produce stand set up as an accessory use to an agricultural use on a farm, used for the sale of produce from that same agricultural use.

2.55.a.    First livestock facility:

Any building activity to construct a livestock facility that requires a building permit and results in an increase in Nutrient Unit capacity on a lot, where there was no existing Nutrient Unit capacity.  (Amended by By-law 22-2007).

2.56.       Floor Area

means the sum total area of a floor or floors in the building or buildings on a lot measured from the exterior faces of the exterior walls or from the centre line of the common walls separating two buildings, provided that where a floor area is within a roof structure without external walls, the floor area shall be measured from the exterior face of the vertical perimeter wall. The floor area does not include basements, cellars, attics, garages, verandahs, porches or other similar appurtenant structures and excludes any floor area with a ceiling height less than 2 metres. Where the terrain permits a walkout basement, twenty-five percent (25%) of the floor area of the walkout basement may be considered as habitable floor area.

2.57.       Floor Area, Gross

shall mean in the case of a dwelling, the aggregate of the areas of all habitable rooms measured from the exterior walls, but excluding any detached accessory buildings, a breezeway, unenclosed sunroom, porch and/or verandah, attic, or cellar. In the case of a building other than a dwelling, the aggregate of the area of all floors devoted to retail sales, customer service and/or office use measured from the outside face of exterior walls but excluding storage, mezzanine areas, mechanical rooms, common halls, stairwells, garbage and electrical rooms, parking structures and similar uses ancillary to the main use. The gross floor area in each zone applies only to that portion of such lot that is located within said zone.

2.58.       Floor Area, Ground

shall mean the floor area of the lowest storey of a building approximately at or first above the average finished grade level, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey but:

2.58.1. excludes car parking areas within the building; and

2.58.2. for the purpose of this paragraph the walls of an inner court are and shall be deemed to be exterior walls.

2.59.       Floor Area Ratio

means the floor area in square metres of all buildings on a lot, divided by the area of the lot in square metres and expressed as a percentage.

2.60.       Floor Area, Retail

shall mean the gross floor area of a commercial building devoted to retail purposes.

2.61.       Frontage

means the width of a lot measured along the streetline.

2.62.       Garage, Attached

shall mean a private garage, accessory to a dwelling unit on the same lot and attached by a common wall and/or common roof structure and is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing or servicing such vehicles for remuneration or commercial use and is fully enclosed and excludes a carport or other open shelter; provided however, for the purpose of determining lines of setback and side yard, an attached garage shall be considered part of the main building. Also for the purposes of this definition, a wall between a house and an attached garage may be considered "common" as long as at least forty percent (40%) of the length of the attached garage wall is common with the dwelling wall.

2.63.       Garage, Detached

shall mean a private garage, accessory to a dwelling unit on the same lot, which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing, or servicing such vehicles for remuneration or commercial use, and is fully enclosed and excludes a carport or other open shelter.

2.64.       Garage, Public

shall mean a municipal or provincial facility used for the storage and servicing of road construction and maintenance equipment and materials.

2.65.       Gasoline Bar

shall mean one or more pump islands, each consisting of one or more gasoline pumps, and shelter having a floor area of not more than 10 square metres, excluding washrooms, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles and shall not be used for repairs, oil changes, or greasing.

2.66.       Golf Course

means a public or private area operated for the purposes of playing golf and includes a par 3 golf course, driving ranges, miniature courses and associated recreational uses such as a club house, swimming pool and tennis court.

2.67.       Grade

shall mean the crown of the road fronting the lot that it serves.

2.67.1.    Grade, Finished

means the average elevation of the finished surface of the ground at ground level of a building or structure.

2.68.       Greenhouse, Commercial

means a building or structure used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such building or structure, but are sold directly from such lot at wholesale or retail.

2.69.       Grouped Commercial

means a building or group of buildings for the use of restricted business establishments, planned, designed, developed and managed as a unit, having off street parking provided on the site.

2.70.       Guest Room

means a room or suite of rooms in a dwelling unit used or maintained for the accommodation of the public.

2.71.       Habitable Room

shall mean any room within a dwelling unit used or capable of being used for living, eating and sleeping, but excluding a cellar or any portion thereof, bathroom, toilet room, serving or storage pantry, laundry and corridor.

2.72.       Height

when used with reference to a building or structure shall mean the vertical distance between the finished grade at the front of the building or structure and:

2.72.1. in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the greater;

2.72.2. in the case of a pitched roof, the point mid-way between the eaves and the ridge.

2.73.       Home For The Aged

shall mean a "home for the aged" as defined under the Homes for the Aged and Rest Homes Act, as amended from time to time.

2.74.       Home Industry

shall mean a gainful occupation including an animal kennel, day nursery, carpentry, electrical, woodworking, window framing, welding, plumbing, machine or auto repair shop, service shop, or blacksmith, conducted in whole or in part in an accessory building to a single family detached dwelling by the residents, provided that:

2.74.1. there is no external advertising other than a sign erected in accordance with any By-laws of the Corporation regulating signs;

2.74.2. outside storage of goods, materials or equipment shall occur to the rear of the accessory or main building;

2.74.3. such home industry is not an obnoxious trade, business or manufacture;

2.74.4. such home industry is clearly secondary to the main residential use and does not change the residential character of the dwelling;

2.74.5. not more than 2 persons, other than the owner, are employed therein on a full-time basis; and

2.74.6. the lot shall be an existing lot with not less than 24 metres of frontage and 60 metres of depth and a total area of not less than 1,850 square metres.

2.75.       Home Occupation

shall mean any occupation which is carried on as an accessory use either within a dwelling or permitted accessory building on the same lot and operated by members of the one family residing in a dwelling or dwelling unit provided that:

2.75.1. not more than one person, other than the owner or a member of the family is employed therein on a full-time basis;

2.75.2. there is no display, other than a legal sign, to indicate to persons outside that any part of the dwelling, dwelling unit or lot is being used for a purpose other than residential.

2.75.3. such home occupation is clearly secondary to the main residential use and does not change the residential character of the dwelling or dwelling unit nor create or become a public nuisance, particularly in regard to noise, noxious odours or emission of smoke, traffic or parking;

2.75.4. such home occupation does not interfere with television or radio reception;

2.75.5. not more than twenty-five percent (25%) of the gross floor area of the dwelling unit is used for the purposes of home occupation uses; and

2.75.6. such home occupation uses may include a service or repair shop, a personal service shop, the office of a doctor; dentist, chiropractor, drugless practitioner, lawyer, or real estate agent, insurance agent, planner, architect, photographer or engineer, but not including a clinic, a hospital, a nursing home, and a tea room. An animal kennel and small internal combustion engine repair shall not be deemed to be a home occupation.

2.76.       Hospital

shall mean a hospital as defined under the Public Hospitals Act, or under the Private Hospitals Act, as amended from time to time.

2.77.       Hotel

shall mean a building or part thereof used to accommodate the travelling public for gain or profit, by supplying them with sleeping accommodation (with or without meals) but without private cooking facilities provided that each guest room may only be entered from the interior of the building; does not include boarding houses or guest cabins.

2.78.       Industrial Mall

means a building or group of buildings designed, developed, owned and managed as a unit containing two or more separated spaces for lease or occupancy by industrial uses as established by this By-law.

2.79.       Industrial Use

shall mean the use of land, structure or building for each or any of the following operations:

2.79.1. The carrying on of any process or manufacture whether or not a finished article results therefrom;

2.79.2. The dismantling and separating into parts of any article, machinery or vehicle;

2.79.3. The breaking up of any articles, goods, machinery or vehicles;

2.79.4. The treatment of waste materials of all descriptions;

2.79.5. The repairing and servicing of vehicles, machinery and buildings; and may include:

2.79.5.1. the storage of goods used in connection with or resulting from any of the above operations;

2.79.5.2. the provision of amenities for persons engaged solely in such operations;

2.79.5.3. the sale of goods resulting from such operations and provided that the sales area does not occupy more than 30% of the total floor area;

2.79.5.4. any work of administration or accounting in connection with the undertaking; and without limiting the generality of the foregoing, includes any industry particularly defined in this By-law, but does not include industrial uses from which the emission of any air, water or noise pollution creates a nuisance outside of the building or beyond the lot lines or any other use which consumes large quantities of water or discharges large quantities of effluent or "Home Industry" or "Home Occupation" as defined by this By-law.

2.80.       Institutional Use

means the use of land, buildings or other structures for some public or social purpose but not for commercial or industrial purposes and may include governmental, religious, educational, charitable, fraternal, philanthropic, hospital, or other similar uses.

2.81.       Kennel

means a place where dogs and other domestic animals other than poultry are bred and raised, and are sold or kept for sale or boarded.  In an Urban area, a kennel shall include a place with 20 or more pets, and more specifically, 3 or more dogs.  (Amended by By-law 20-1998)

2.82.       Landscaped Open Space

shall mean open space comprised of lawn and/or ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts and patios, but shall not include parking areas, traffic aisles, driveways, ramps, or storage of equipment, vehicles or other materials.

2.83.       Landscaping

means a combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land but does not include parking areas, patios, walkways, driveways, traffic aisles or ramps.

2.84.       Lane

means a public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation.

2.85.       Livestock:

Includes dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals, deer and elk, game animals, birds, and other animals identified in Table 1 of the Minimum Distance Separation formulae.  (Amended by By-law 22-2007).

2.86.       Livestock facility:

One or more barns or permanent structures with livestock-occupied portions, intended for keeping or housing livestock.  A livestock facility also includes all manure or material storages and anaerobic digesters.  (Amended by By-law 22-2007).

2.87.       Livestock Housing capacity:

Maximum livestock capacity for all facilities on a lot at any time, even if currently empty but able to house livestock.  (Amended by By-law 22-2007).

2.88.       Livestock Unit 

Deleted by By-law 22-2007.

2.89.       Loading Space

means an off-street space on the same lot as the building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, lane or other appropriate means of access.

2.90.       Lot

shall mean a parcel of land, described in a registered deed or shown on a registered plan of subdivision, including any of its parts which are subject to right-of-way or easement, that is capable of being legally conveyed.

2.90.1.    Lot Area

is the total horizontal area within the limits of a lot, and for the purpose of this definition the lot area in each zone shall apply only to that portion of such lot which is located within said zone unless otherwise specified.

2.90.2.    Lot, Corner

means a lot situated at the intersection of, or abutting upon, two or more public roads, provided that the angle of intersection of such streets is not more than 135 degrees.

2.90.3.    Lot Coverage

shall mean the percentage of the lot area, covered by all buildings above ground level, and shall not include that portion of such lot area which is occupied by a building or portion thereof which is completely below ground level, and for the purpose of this definition the lot coverage in each zone shall be deemed to apply only to that portion of such lot which is located within said zone.

2.90.4.    Lot Depth

means the horizontal distance between the front and rear lot lines. Where these lines are not parallel, it shall be the length of a line joining the mid-points of the front and rear lot lines; for lots with curved front lot lines, the measurement shall be taken from a line drawn parallel to the chord of the arc of the curve constituting the front lot line, lying midway between said chord and a line drawn parallel to said chord and tangent to said arc,

2.90.5.    Lot Frontage

shall mean the horizontal distance between the side lot lines measured at right angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured by a line seven and one-half (7.5) metres back from and parallel to the chord of the lot frontage. (For the purpose of this By-law the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot lines.)

2.90.6.    Lot, Interior

means a lot other than a corner lot.

2.90.7.    Lot Line

means any boundary of a lot or a vertical projection thereof.

2.90.8.    Lot Line, Exterior

means the side lot line which abuts the street on a corner lot.

2.90.9.    Lot Line, Front

means the lot line that abuts the street except that, in the case of a corner lot, the shorter lot line that abuts the street shall be deemed the front lot line and the longer lot line that abuts the street shall be deemed the flankage lot line. In addition:

2.90.9.1. in the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street or abuts a Provincial Highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction, or of the same width, the Municipality may designate either street line as the front lot line;

2.90.9.2. in the case of a corner lot abutting a .3 metre reserve the lot so abutting the .3 metre reserve shall be deemed an exterior side lot line and the other line abutting the street shall be deemed the front line;

2.90.9.3. in the case of a through lot, the longer boundary dividing the lot from the street shall be deemed to be the front line and opposite shorter boundary shall be deemed to be the rear lot line. In case each of such lot lines should be of equal length the Municipality may designate either street line as the front lot line.

2.90.10. Lot Line, Rear

means the lot line furthest from or opposite the front lot line.

2.90.11. Lot Line, Side

means a lot line other than a front or rear lot line.

2.90.12. Lot, Through

shall mean a lot bounded on two opposite sides by a street. If any lot qualifies as being both a "Lot, Corner" and a "Lot, Through", as hereinbefore defined, such lot shall be deemed a "Lot, Corner" for the purpose of this By-law.

2.90.13. Lot, Width

means the shortest horizontal distance between the side lot lines.

2.91.       Lot of Record

shall mean a lot or parcel of land that can legally be conveyed and which includes lots on a registered plan of subdivision, parcels created by consent in accordance with the Planning act or any other distinct and separate holding, the deed to which is registered in the Land Registry Office and which lot or parcel of land was legally created prior to the date of passing of this By-law. For the purposes of this definition, lots of record shall not include those lots on a registered plan of subdivision which has been deemed not to be a registered plan of subdivision for the purposes of Section 49(4) of the Planning Act, 1983.

2.92.       Main Building

means the building designed or used for the principal use on the lot.

2.93.       Main Wall

shall mean the exterior front, side or rear wall of a building or structural members essential to the support of a fully enclosed space or roof (where such members are nearer to a lot line than the said exterior wall).

2.94.       Manure, Liquid Facility

means a building or structure in which animal waste is stored in a liquid state.

2.95.       Manure, Solid Facility

means a building or structure in which animal waste is stored in a liquid state.

2.95.a.    Minimum Distance Separation (MDS I):

Is a tool to determine a required distance for new development from existing livestock facilities as determined by the Minimum Distance Separation (MDS) Formulae approved by the Province of Ontario (as amended from time to time).  (Amended by By-law 22-2007).

2.95.b.    Minimum Distance Separation (MDS II):

Is a tool to determine a required distance for a new or expanding livestock facility from an existing use or approved development area as determined by the Minimum Distance Separation (MDS) Formulae approved by the Province of Ontario (as amended from time to time).  (Amended by By-law 22-2007).

2.96.       Mobile Home

shall mean a pre-fabricated dwelling unit occupied or designed for occupancy by one or more persons on a permanent basis, having a floor area of not less than fifty (50) square metres, designed to be towed on its own chassis (notwithstanding that its running gear is or may be removed), placed or designed to be placed on permanent foundations, and connected or designed to be connected to public utilities, but shall not include a travel trailer, tent trailer or a trailer otherwise designed.

2.97.       Mobile Home, Double Wide

shall mean a prefabricated dwelling unit occupied or designed for occupancy by one or more persons on a permanent basis, towed or designed to be towed in two or more separate sections with each section towed or designed to be towed on its own chassis and joined together to form one dwelling unit and placed on a permanent foundation, and connected or designed to be connected to public utilities, but shall not include a travel trailer, or single-family detached dwellings constructed in parts, designed to be transported to a lot and where they are joined as integral units and placed on a permanent foundation.

2.98.       Mobile Home Park

shall mean a lot containing two or more mobile home sites and which is under single management and ownership, used for the siting of mobile homes together with commercial-recreational and service uses for Mobile Home Park residents, including any building, structure or enclosure forming a part of such mobile home park.

2.99.       Mobile Home Site

shall mean a parcel of land within a mobile home park occupied by or intended for occupancy by one mobile home together with all yards and open space required by this By-law.

2.100.     Motel

means a separate building of two or more connected or detached buildings designed and used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation with or without supplying food and/or other refreshments, and without limiting the generality of the foregoing shall include a motor court, auto court and tourist home, within the meaning of the Tourist Establishment Act.

2.101.     Motor Home

shall mean a self-propelled dwelling unit.

2.102.     Motor Vehicle

shall mean an automobile, truck, motorcycle or motorized snow vehicle, or all terrain vehicle but does not include the cars of electric or steam railways, or other vehicles running only on rails, or a traction engine, farm tractor, self-propelled instrument of husbandry or road building machine.

2.103.     Municipal Drain

shall mean a drainage works as defined by The Drainage Act, as amended from time to time.

2.104.     Municipality

shall mean the Corporation of the Township of Morris.

2.105.     Navigable Waterway

shall mean a navigable body of water or stream as deemed under the Beds of Navigable Waters Act.

2.106.     Non-Complying

means a use, building or structure, permitted by the provisions of the zone in which such use, building or structure is located, which does not meet the zone provisions with respect to yards, lot area, frontage, parking, setback, or any other provisions of this By-law applicable to that zone.

2.107.     Non-Conforming

means a use, building or structure not permitted by the permitted use provisions of this By-law for the zone in which such use, building or structure is located, as of the date of passing of this By-law.

2.108.     Nursing Home

shall mean a nursing home as defined under the Nursing Home Act, as amended from time to time.

2.108.a. Nutrient Unit (NU):

An amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act, 2002) and as provided by the Minimum Distance Separation (MDS) Formulae approved by the Province of Ontario (as amended from time to time).  (Amended by By-law 22-2007).

2.109.     Obnoxious Use

shall mean an offensive use or trade within the meaning of The Public Health Act or any use which is a nuisance by reason of emission of airborne or waterborne odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot or waste, or the depositing or leaving of unsightly objects or chattels on land, which may be hazardous or injurious as regards health or safety or which prejudices the character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use of land, building or structure.

2.110.     Office

means any building or part of a building in which business may be transacted, a service performed or consultation given, but excludes such uses as retail sale, repair, manufacture, assembly or storage of goods, or places of assembly and amusement.

2.111.     Open Space, Usable

shall mean an area of land on the site which is suitable for landscaping, including any part of the site occupied by recreational accessory buildings, any surfaced walk, patio or similar area, any sports or recreational area, any ornamental or swimming pool, and the roof or other part of a building or structure open to the air and suitable for landscaping and used as a recreational area but excluding any driveway or ramp, whether surfaced or not, any curb, retaining wall, motor vehicle parking area, or loading space.

2.112.     Outside Amenity Area

means an outdoor rear yard amenity area within the boundaries of a lot for aesthetic and recreational use and may include landscaped open areas, patios and swimming pools but shall not include any driveway or parking area.

2.113.     Outside Storage

means the storage of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to the air on the sides.

2.114.     Park, Private

means a non-commercial recreational area other than a public park used by the owner and his guests, and may include therein one or more swimming pools, wading pools, picnic areas, refreshment rooms, tent camping areas, tennis courts, bowling greens, or similar open space uses.

2.115.     Park, Public

means a recreational area owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario, or any religious, charitable or philanthropic organizations.

2.116.     Parking Lot or Parking Area

shall mean an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area:

2.116.1. comprises all parking spaces of at least the minimum number required according to the provisions of this By-law, and all driveways, aisles, maneuvering areas, entrances, exists, and similar areas used for the purpose of gaining access to and egress from the said parking spaces, but shall not include any part of a highway, street or road; and

2.116.2. is provided and maintained in accordance with all applicable provisions of this By-law.

2.117.     Parking Space

means an area of land which is provided and maintained for parking and in which area:

2.117.1. is provided for the temporary parking or storage of one motor vehicle other than for the purpose of offering commodities for sale or display;

2.117.2. is adequate for the temporary parking or storage of one motor vehicle and may be located within a private garage, building, carport or open area;

2.117.3. is not less than 2.7 metres in width nor less than 6 metres in length, exclusive of any land used for access, maneuvering, driveway or a similar purpose except as noted elsewhere in this by-law; and

2.117.4. has adequate access to permit ingress and egress of a motor vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle.

2.118.     Permitted

shall mean permitted by this By-law.

2.119.     Person

includes any individual, association, partnership, corporation, Municipal Corporation, agent or trustee and the heirs, executors or other legal representative of a person to whom the context can apply according to law.

2.119.a. Pet

means a domesticated animal kept for pleasure or companionship.  A pet does include rabbits, but does not include other livestock. (Amended by By-law 20-1998)

2.120.     Pit

shall mean a place where consolidated gravel, stone, earth, clay, fill, mineral, consolidated rock, or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes.

2.121.     Pit, Wayside

shall mean a temporary pit opened and used by a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way.

2.122.     Place of Entertainment

means a motion picture amusement arcade or other theatre, auditorium, billiard or pool room, bowling alley, ice or roller skating rink, curling rink, or dance hall, but does not include any place of entertainment or recreation otherwise defined or classified in this By-law.

2.123.     Plant, Hot Mix

means a building or structure used for the manufacturing of asphalt in a form suitable for the immediate use in the paving of roads or driveways and the damp proofing of buildings and structures.

2.124.     Plant, Ready Mix

means a building or structure used for the manufacturing of concrete in a form suitable for the immediate use in the construction of buildings, structures, roads or driveways.

2.125.     Planting Strip

shall mean an area which shall be used for no purpose other than planting a row of trees or a continuous unpierced hedgerow of evergreens or shrubs not less than 1.75 metres high, immediately adjacent to the lot line or portion thereof along which such planting strip is required.

2.126.     Private Club

shall mean a building or part of a building used as a meeting place for members of a chartered organization, and shall include a lodge a fraternity or sorority house, hostel, and a labour union hall.

2.127.     Professional Office

means any office where professionally qualified persons, technical assistants and clerical staff are employed and where clients or patients go for advice, consultation or treatment.

2.128.     Public Authority

shall mean the Council and any School Board, Public Utility Commission, Transportation Commission, Public Library Board, Board of Parks Management, Board of Health, Planning Committee or other board or commission or committee of the Township of Morris established or exercising any power or authority under any general or special statutes of Ontario with respect to any of the affairs or purposes of the Municipality or a portion thereof, and includes any committee or local authority established by By-law of the Municipality.

2.129.     Public Building

shall mean any building or structure owned or leased by a municipal corporation the County of Huron, Province of Ontario or the Government of Canada and in which government activities are carried out.

2.130.     Public Utility

shall mean a waterworks, a water supply system, sewage works, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a transportation system or a telephone system, and includes any lands, buildings or equipment required for the administration or operation of any such system.

2.131.     Recreation, Active

shall mean the use of land, water and/or building for the purpose of organized active leisure activities and shall include an arena, a golf course and a sports field, and motorized vehicle trails.

2.132.     Recreation, Passive

shall mean the use of land and/or water for the purpose of passive leisure activity and shall include a park, a garden, a picnic area and the like, equestrian and hiking trails, as well as a playlot with activity equipment for children.

2.133.     Renovation

means the repair and restoration of a building to good condition within existing external walls but shall not include its replacement.

2.134.     Residential Use

means the use of a building or structure or parts thereof as a private dwelling.

2.135.     Restaurant

shall mean a building or part thereof where food is offered for sale or sold to the public for immediate consumption and includes such uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, diary bar, coffee shop or snack bar, but does not include a drive-in restaurant.

2.136.     Restaurant, Drive-in

shall mean premises consisting of a building or structure, together with a parking lot, from which food, refreshments, dairy products or beverages are offered for sale or sold to the public for consumption either in automobiles parked on the parking lot or for consumption elsewhere but not necessarily within such building or structure on the premises, and does not include a building or structure where food, refreshments, diary products or beverages are offered for sale or sold to the public only for consumption within the building or structure.

2.137.     Retail Store

means a building or part of a building in which goods, wares, merchandise, substances or articles are kept for sale, but does not include any manufacturing, processing or construction uses.

2.138.     Retail Sales or Service Area

shall mean floor area where goods and services are made available for sale but shall not include storage areas.

2.139.     Right-of-Way

shall mean a private road which affords access to abutting lots and does not include a lane, road or street.

2.140.     Road, Street or Highway (Public)

means a road which has been assumed by the Ministry of Transportation and Communications, the County of Huron or the Township of Morris and shall mean such public highway, street or road as affords the main means of access to any lots abutting thereon.

2.141.     Salvage Yard

includes a lot and/or premises for the storage and/or handling and/or sale of scrap or used materials, which without limiting the generality of the foregoing, shall include waste paper, rags, wood, bottles, bicycles, vehicles, tires, metal and/or other scrap material and salvage and includes a junk yard, scrap metal yard and an automotive wrecking establishment (as defined in Section 2.19.), including ancillary automotive sales and service establishment and premises.

2.142.     School

means a school under the jurisdiction of a Public, Separate or High School Board, a college or a university or any other school established and maintained either wholly or partially at public or private expense whether or not the same is also a boarding school, and includes any dormitory building accessory to a school.

2.143.     Separation Distance

means the horizontal distance between buildings or structures measured from the closest point on the exterior wall of such buildings or structures.

2.144.     Service Industry

means an establishment set up to perform cleaning, maintenance, renovation or repair on an existing product, but does not include any automotive uses as defined by this By-law.

2.145.     Service Shop

2.145.1. Personal

means a building or part of a building not otherwise defined or classified herein, for the performance of personal services such as health studios, a barber shop or beauty parlor.

2.145.2. General

means a building or part of a building used for the servicing or repairing of articles, goods or materials, and in which no product is manufactured and includes radio, television and appliance repair shops, a laundromat, but does not include any automotive uses as defined by this By-law.

2.146.     Service Station

means a building and/or lot used for the service and repair of motor vehicles and may include the sale of fuels, lubricants and parts for motor vehicles.

2.147.     Setback

See Building Setback (2.28.)

2.148.     Sewage Disposal Facilities

shall mean a system of underground pipes or conduits and related pumping and treatment appurtenances operated by the Township of Morris and/or the Ontario Ministry of the Environment for public use for the treatment and disposal of storm and/or sanitary sewage and also includes a septic tile bed disposal area.

2.149.     Sign

means a name, identification, description, device, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.

2.150.     Site Plan

shall mean a scaled drawing showing the relationship between the lot lines and the uses, buildings or structures existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped areas, building areas, minimum yards, building heights, floor areas, densities and areas for special uses.

2.151.     Storey

shall mean that portion of a building between any floor and the floor, ceiling or roof next above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least one and eight-tenths (1.8) metres above average finished grade and provided also that any portion of a storey exceeding four (4.0) metres in height shall be deemed an additional storey for each four (4.0) metres or fraction thereof of such excess.

2.152.     Storey, Half

shall mean the portion of a building located wholly or partly within a sloping roof having a floor area of not less than one-third or more than two-thirds of the floor area of the storey next below, sidewalls not less than 1.2 metres in height and a ceiling with a minimum height of 2.3 metres over an area equal to at least fifty percent (50%) of its floor area.

2.153.     Street Line

means the boundary line between a street and a lot.

2.154.     Structure

shall mean anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil and/or any other structure. For the purposes of this By-law "structure" does not include a fence, retaining wall, hedge, light standards, signs or a swimming pool.

2.155.     Swimming Pool

means any body of water located outdoors, contained by artificial means, and having a depth of greater than .3 metres at any point, and used and maintained for the purpose of swimming, wading, diving or bathing, not including an existing or new pond built for agricultural purposes.

2.156.     Tavern

shall mean tavern as defined by the Liquor License Act, as amended from time to time.

2.157.     Temporary Building

shall mean a building or structure intended for removal or demolition within a prescribed time not exceeding two years as set out in a building permit including manure storage facilities.  (As amended by By-law 29-2002).

2.158.     Temporary Use

means the use of land, building or structure for a construction office, tool shed, or for the storage of scaffolds, equipment and material which is incidental to and necessary for construction work in progress for so long as the same are necessary for the construction work which has neither been finished nor abandoned on the same lot.

2.159.     Tillable Hectares

means the total area of land including pasture that can be cultivated.

2.160.     Top-of-Bank

means a line delineated at a point where the oblique plane of the slope meets the horizontal plane.

2.161.     Tourist Home

means a single family dwelling in which rooms or lodging are provided for pay and does not include a farm vacation home.

2.162.     Township

means the Corporation of the Township of Morris, or land included within the Township of Morris as appropriate.

2.163.     Travel Trailer Sales Establishment

shall mean a building, structure or lot used for the display and sale of travel trailers and includes the servicing or repair of said travel trailers.

2.164.     Urban

means those land uses designated for residential, recreational, commercial, industrial, institutional or developmental within a recognized Town, Village, Hamlet or other recognized urban area.

2.165.     Use

shall mean the purpose for which any land, building, structure, or premises, or part thereof, is arranged, designed or intended to be used, or is or may be occupied or maintained and the words 'used', 'to use' and 'uses' have a corresponding meaning.

2.166.     Warehouse

shall mean a building used or intended to be used for the bulk storage of goods, merchandise or materials and shall include wholesale establishments.

2.167.     Waste Disposal Site

shall mean any land approved by the Ministry of the Environment upon, into or in which waste may be deposited or processed.

2.168.     Water Supply

shall mean a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by the Township of Morris and/or the Ontario Ministry of the Environment for public use.

2.169.     Water System, Communal

shall mean a private water distribution supply system in which water is piped to more than one dwelling or business operation.

2.170.     Watercourse

shall mean a natural channel for a stream and, for the purpose of this By-law, includes a natural channel for an intermittent stream and all watercourses shown on Schedule "B" of the Township of Morris Secondary Plan.

2.171.     Wholesale Use

means any establishment which sells merchandise to others for resale and/or to industrial or commercial users.

2.172.     Yard

means an open area of land, unoccupied and unobstructed except as otherwise provided for or required by this By-law, located on the same lot or zone within a lot with a main building or structure.

2.172.1. Yard, Front

means a yard extending across the full width of the lot or zone within the lot between the front line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. "Front Yard Depth" means the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.

2.172.2. Yard, Rear

means a yard extending across the full width of the lot or zone within the lot between the rear lot line of the lot or rear zone boundary and the nearest open storage use on the lot. "Rear yard Depth" means the least horizontal dimension between the rear lot line of the lot or rear zone boundary and the nearest part of any building or structure on the lot or zone, or the nearest open storage use on the lot or zone.

2.172.3. Yard, Side

means a yard extending from the front yard to the rear yard and from the side lot line of the lot or side zone boundary to the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. "Side Yard Depth" means the least horizontal dimension between the side lot line of the lot or side zone boundary and the nearest part of any building or structure on the lot or zone, or the nearest open storage use on the lot or zone.

2.172.4. Yard, Side, Exterior

means a side yard immediately adjoining a public street.

2.173.     Zone

means an area delineated on the Zoning Map or Zoning Map Schedules and established by this By-law for a specific use.

3.1.         Application

The provision of this section shall apply to all zones except as otherwise indicated in the applicable zone provisions.

3.2.         Application of Other By-laws, Regulations, Legislation

Nothing in this By-law shall operate to relieve any person from the obligation to comply with the requirements of the Ontario Building Code Act or any other By-law of the Municipality in force from time to time or the obligation to obtain any other license, permit, authority or approval lawfully required by a governmental authority having jurisdiction to make such restrictions. This includes where appropriate, regulations and permits as administered by the Maitland Valley Conservation Authority.

3.3.         Lots to Front on Public Road

Unless otherwise specified by this By-law, no lots shall be created and no person shall erect a building or structure and no person shall use any land, building, or structure unless the lot to be so used or upon which the building or structure is situated, erected or proposed to be erected abuts or fronts on a public road of satisfactory construction and maintenance, including winter maintenance, to permit the reasonable and safe passage of motor vehicles, provided that:

3.3.1. a building or structure may be erected upon a lot within a registered plan of subdivision in accordance with the provisions of a Subdivision Agreement in respect of such plan of subdivision notwithstanding that the roads within such plan of subdivision have not been assumed and are not being maintained by the Municipality;

3.3.2. an agricultural building or structure, not including a residence, may be erected upon a lot which fronts on a public road designated on Schedule 'B' as "no winter maintenance" provided that such agricultural building or structure does not require year-round daily access.

3.4.         Non-Complying Uses

Where a use, building or structure was legally established prior to the date of the passing of this By-law, and is permitted by the provisions of the zone in which such use, building or structure is located, but does not meet the zone provisions with respect to yards, lot area, frontage, parking, setback or any other provisions of this By-law applicable to that zone, the said building or structure shall be deemed to comply with the By-law and may be enlarged, extended, reconstructed, repaired or renovated provided that:

3.4.1. The enlargement, extension, reconstruction, repair or renovation does not further reduce the compliance of that use, building or structure, with the provision(s) of the By-law to which it does not comply; and,

3.4.2. where a non-complying building is removed or destroyed, such building may only be reestablished or reconstructed, within 2 years from the date of destruction. Following this period of time the building may only be reestablished in conformity with the provisions of the by-law;

3.4.3. Where a house or barn which has been destroyed or intentionally removed is to be reestablished within a period of 2 years the establishment of a different house or barn on a neighbouring lot shall be subject to the separation distances included within Minimum Distance Separation Formulae as if the house or barn which was removed or destroyed was still present.  (Amended by By-law 22-2007).

3.4.4. All other applicable provisions of this By-law are complied with.

3.4.5.      MDS and Catastrophes:

3.4.5.1.   Notwithstanding any other provisions of this By-law to the contrary, where a building or structure is destroyed in whole or in part, by a catastrophe, MDS I will not be applied when the building or structure is rebuilt provided that it is built no closer to livestock facilities than before the catastrophe.  (Amended by By-law 22-2007).

3.4.5.2.   Notwithstanding any other provisions of this By-law to the contrary, where a livestock facility is destroyed in whole or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe, and the values of Factor A, B and/or D have not been increased for the livestock facility.  (Amended by By-law 22-2007).

3.5.         Non-Conforming Lands, Buildings, Structures and Uses

3.5.1.      Continuation of Existing Uses

The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully established and used for such purpose on the date of passing of this By-law, and provided that it continues to be used for that purpose.

3.5.2.      Building Permit Issued

The provisions of this By-law shall not apply to prevent the erection or use for a purpose prohibited by this By-law of any building or structure, the plans for which have prior to the date of passing of this By-law been approved by the Building Inspector, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within 1 year after the date of the passing of this By-law; and such building or structure is completed within a reasonable time after the construction thereof is commenced.

3.5.3.      Strengthening, Repair or Renovation of Non-Conforming Buildings and Structures

Nothing in this By-law shall prevent the strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the provisions of this By-law, provided:

3.5.3.1. such alteration or repair does not increase the height, size or volume of such building or structure;

3.5.3.2. the alteration, repair or renovation does not involve any alteration of use and the building or structure continues to be used for the same purpose; and

3.5.3.3. all other applicable provisions of this By-law are complied with.

3.5.4.      Change in Use, Extension or Enlargement

No change in use, including the extension or enlargement of a non-conforming building or structure shall be permitted except as may be allowed under Section 44 of The Planning Act, following an application to the Committee of Adjustment. In reviewing such application the Committee will have regard for the provisions of The Planning Act and the principles of the Township Secondary Plan.

3.5.5.      Discontinued Non-Conforming Use

Where a use, building or structure which was lawfully established prior to the day of the passing of this By-law has been used for a purpose not permitted in the use zone in which it is situated but the said use has been discontinued for a period of 2 years or longer, the said building or structure may only be used again for a use that conforms to this By-law.

3.5.6.      Replacement of Non-conforming Uses

Where a building or structure has been purposely demolished or accidentally destroyed to the extent of more than seventy-five (75) percent of its value (inclusive of walls below grade) as at the date of damage and which does not conform with the requirements of this By-law in respect to use, lot occupancy or height, shall not be replaced except as permitted by the regulations of the zone in which the said structure or building is located.

3.5.7.      Status Zoning

Notwithstanding the provisions of Section 3.5.6. where an otherwise existing non-conforming use, building or structure has been recognized through status zoning by this by-law as a permitted use any significant change or expansion will only be permitted through an amendment to the zoning by-law. In considering any such amendment Council will have regard to the provisions of the Township Secondary Plan. Where a use is status zoned and accidentally destroyed, it may be reestablished to its prior size, dimensions and use.

3.6.         Permitted Encroachments in Yards

Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky provided however, that fences and hedges in accordance with the provisions of Subsection 3.24. of this By-law shall be permitted and that those structures listed in the following table shall be permitted to project into the minimum yards indicated for the distances specified below:

3.7.         Exceptions to Height Limitations

The height limitations of this By-law shall not apply to Church spires, clock towers, water tanks, elevator enclosures, flag poles, television or radio antennae, ventilators, silos, sky-lights, chimneys, windmills or grain elevators.

3.8.         Accessory Buildings

Private garages or other accessory buildings or structures:

3.8.1. shall not be used for human habitation except where a dwelling is a permitted accessory use;

3.8.2. shall not be built in a front yard. Where an accessory building or structure is built on a corner lot, it shall be located in the side yard which is not adjacent to the flanking street or in the rear yard and not closer to a street than the setback required for the main building, except that this provision does not apply in AG1 or AG2 Zones.

3.8.3. when detached, shall not exceed six (6) metres in height nor contain more than two storeys;

3.8.4. shall not exceed ten (10) percent coverage of the total lot area;

3.8.5. shall not be built closer than 1.25 metres to a lot line except for semi-detached garages which may be centred on a mutual side lot line;

3.8.6. shall not be considered for the purposes of calculating lot coverage even if attached to the main building in any way, except for accessory residential uses.

3.9.         Parking Area Regulations

Parking spaces and areas required under this By-law shall be provided in accordance with the following provisions:

3.9.1.      Parking Area Regulations

Notwithstanding any yard requirements set out elsewhere in this By-law there shall be provided for every building or part thereof, erected after the date of enactment of this By-law in any zone, an area of automobile parking. Adequate provisions for access to a street or public lane from each individual parking space unobstructed by any other parking space shall be provided and unless otherwise stated, the parking shall be provided on the same or nearby lot as the building it is intended to serve. Such parking space shall be provided as follows:

3.9.2.      Calculation of Spaces

3.9.2.1. When a building or lot accommodates more than one use or purpose the required parking spaces shall be the sum of the required parking spaces for the separate uses or purposes.

3.9.2.2. If calculation of the required parking spaces results in a fraction, the required parking spaces shall be the next higher whole number.

3.9.3.      Use of Parking Spaces and Areas

Any area where off-street parking is required under this By-law shall be used for no other parking purpose than for the parking of operative passenger vehicles and commercial vehicles used in operations incidental to the permitted uses on the lot, all bearing currently valid license plates.

For the purposes of this subsection "commercial motor vehicle" shall mean any commercial vehicles as defined in the Highway Traffic Act.

Notwithstanding the foregoing, no person shall within any Residential Zone use any part of any front yard except the driveway for the parking or temporary storage of tent trailers, motor homes, land cruisers, truck campers, boats or motorized snow vehicles and no person shall use any part of a front yard in a hamlet for the parking or storage of a house trailer.

No person shall, in any Zone except the Recreational Trailer Park and Campground (RC2) zone, use any tourist or travel trailer for the purpose of providing temporary or permanent living or eating accommodation. Sleeping accommodation may be provided in a tourist or travel trailer, truck camper or motor home for a period not exceeding fourteen (14) days annually, notwithstanding that such trailer is jacked up or that its running gear is removed.

3.9.3.1.   Commercial Motor Vehicles & Trailer-Tractors in Residential Zones

Notwithstanding the provisions of Section 3.9., no person shall use any lot, building or structure in a Residential Zone for the parking or storage of any commercial motor vehicle unless he or she is the owner or occupant of such lot, building or structure, the vehicle is accessory to the dwelling unit, and not more than one commercial motor vehicle is stored in accordance with this section.  Further, however, a trailer-tractor or any commercial motor vehicle shall not be stored or parked in a Residential Zone if such vehicle exceeds 9 metres in length.  No person shall use any lot, building or structure in a Residential Zone for the parking or storage of a tractor trailer.  This provision shall not include commercial motor vehicles or tractor trailers which attend at residential premises for the purposes of delivery and service. (Amended by By-law 20-1998)

3.9.4.      Existing Buildings

The parking area requirement referred to in this By-law shall not apply to any building lawfully in existence at the date of passing of this By-law so long as:

3.9.4.1.                the building is used for a permitted use;

3.9.4.2. the floor area as it existed at such date is not increased;

3.9.4.3. any change of occupancy is to a use having the same or a lesser parking requirement according to this By-law;

3.9.4.4. all parking spaces existing at the date of passing of the By-law are retained.

3.9.5.      Additions to an Existing Building

If an addition is made to a building or structure lawfully existing at the date of passing of this By-law, then parking spaces in addition to those already existing shall be provided to the number required for such addition or change of use.

3.9.6.      Parking Area Location on Lot

Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered surface parking areas shall be permitted in the required yards or in the area between the street line and the required setback as follows:

3.9.7.      Parking Area Design Standards

All parking areas required under this By-law in Commercial, Industrial and Institutional Zones, shall conform with the following minimum standards:

Parking Space Width:         2.7 metres

Parking Space Depth:         5.5 metres

Parking Aisle Width:           5.5 metres

For angle parking, the parking aisle width shall be not less than 4 metres.

3.10.       Loading Space Regulations

3.10.1     Loading Space Requirements

The owner or occupant of any lot, building or structure in a Commercial, Institutional, or Industrial Zone, erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise and raw materials, shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, loading or unloading facilities comprising one or more loading or unloading spaces 9.0 metres long, 3.5 metres wide and having a vertical clearance of at least 4.0 metres, and in accordance with the following schedule:

3.10.2.    Access

Access to loading or unloading spaces shall be by means of a driveway at least 4.0 metres wide contained within the lot on which the spaces are located and leading to a street or lane located within or adjoining the Commercial, Community Facility or Industrial Zone.

3.10.3.    Location

The loading space or spaces required shall be located in the interior side or rear yard unless set back from the street line a minimum distance of 16 metres.

3.10.4.    Additions to Buildings

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 as such date is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading space shall be provided for each addition or change of use as required by subsection 3.10.1. of this By-law for such addition or change of use.

3.11.       Building Per Lot

Unless otherwise specified within the By-law, only one main building per lot is allowed.

3.12.       Addition to Building or Structure

When a building or structure has insufficient parking or loading area at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of use may occur the effect of which would be to increase that deficiency.

3.13.       Corner Lots

On a corner lot, side yard requirements may be substituted for rear yard requirements.

3.14.       Daylight Triangle

Notwithstanding any other provisions of this By-law no building, shrub, foliage, or fence above the grade of the road with a height exceeding three-quarters (.75) metres shall be erected or planted within the triangular space:

3.14.1. formed by lot lines, or the straight line projections of lot lines where such lot lines are connected by a curved line closer than seven and one-half (7.5) metres from their point of intersection;

3.14.2. included between a street line and a railway right-of-way for a distance of thirty (30) metres from their point of intersection.

-This provision does not apply to the planting of field crops.

3.15.       Mobile Home Prohibited in Certain Zones

It shall be prohibited to locate and use a mobile home in any zone for the purposes of residential, business, industrial or institutional uses, temporarily or permanently, unless the use of a mobile home for such purpose is listed specifically in this By-law as a permitted use with a particular use zone.

3.16.       Pits and Quarries

As from the date of passing of the By-law no land within the Township shall be used for pits or quarries, unless the land is within an Extractive Resources (ER1) or (ER2) Zone, with the exception of wayside pits or quarries, as defined in the Pits & Quarries Control Act.

3.17.       Obnoxious Uses Prohibited

No use shall be permitted within the Township which from its nature or the material used therein is, under the Public Health Act or Regulations thereunder, declared to be a noxious trade, business or manufacture.

3.18.       Dangerous Uses

No land, building or structure except automobile service stations, and duly licensed installations for the bulk storage of gasoline, lubricating oil, fuel oils and propane may be used for commercial or industrial purposes which are likely to create danger to health, or danger from fire or explosion which without limiting the generality of the foregoing shall include storage or manufacture of coal oil, water oil, rock oil, fuel oil, burning fluid, gas, naptha, benzene, gasoline, dynamite, dualine, nitro-glycerine, gunpowder, petroleum and petroleum products.

3.19.       Truck or Coach Bodies

No truck bus, coach, or streetcar body, railway car or caboose shall be used for permanent human habitation within the Township, whether or not the same is mounted on wheels.

3.20.       Temporary Accommodation for Workmen

Where a shack, shanty, bunk-house or other temporary structure is used for the accommodation of workmen engaged in work of a temporary or seasonal nature, such building or structure:

3.20.1. shall be so used only for the duration of the work and removed when work is complete;

3.20.2. shall be locked or boarded up and not be used as accommodation when the work in connection with which they were constructed is terminated.

3.21.       Occupancy Incomplete Building

No new building or structure intended for human occupancy or use shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed and, where applicable, kitchen, heating and sanitary conveniences have been installed and are in satisfactory working order.

3.22.       Derelict Automobiles

No lot shall be used for the keeping of more than 2 derelict motor vehicles that are in a wrecked, discarded, dismantled, unlicensed, inoperative or abandoned condition except as may be provided for in an appropriately zoned salvage yard.

3.23.       Permitted Public Uses

3.23.1. The provisions of this By-law shall not apply to prevent the use of any land as a street or to prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas distribution main, telephone line, or other communication lines and accessory structures and facilities, provided that:

3.23.1.1. no goods, material, or equipment shall be stored in the open in a Residential Zone;

3.23.1.2. any building or structure erected in a Residential Zone under the authority of this paragraph shall be designed and maintained in general harmony with buildings of the type permitted in the Zone.

3.23.1.3. any microwave communication tower must only be established in a General Agriculture (AG1) zone, must be no closer than 500 metres from the nearest residence, and no closer than 300 metres from a structure housing animals. In addition, all microwave communication towers must have a minimum setback from all lot lines equal to the height of the tower plus 10%.

3.23.2. electric power facilities which are subject to the provisions of The Environmental Assessment Act are permitted uses in all zones, and are not affected by the provisions of this By-law. Electric power facilities which are not approved under the Environmental Assessment Act are permitted uses in all zones and are subject to the provisions of Subsection 3.23.1.

3.24.       Planting Strip Requirements

3.24.1.                               Planting Strip shall be provided:

3.24.1.1. On lands zoned or used for multiple dwellings where they abut (including along an exterior or rear lot line) lands zoned or used for one or two family dwellings;

3.24.1.2. On lands zoned or used for any general commercial, highway commercial, agricultural-commercial-industrial, recreational commercial or industrial purpose where the interior or rear lot line abuts lands zoned or used for residential purposes or any public park;

3.24.1.3. On lands upon which a residential use or institutional use is being newly established where such lands abut (including along an exterior or rear lot line) an existing non-residential use, which is not maintaining a plant strip in accordance with Section 3.24.1.2. above;

3.24.1.4. Around the perimeter of outside open storage areas that may be established in the Industrial Zone, where such areas are adjacent to a building line;

3.24.1.5. Around the perimeter of an area zoned for salvage yard purposes;

3.24.1.6. On lands zoned for Institutional uses where they abut (including along an exterior or rear lot line) lands zoned for residential purposes.

3.24.1.7. Where a planting strip is required adjacent to a municipal drain it shall be located in accordance with the Drainage Regulations.

3.24.2. Such planting strip shall have a width throughout of not less than one (1) metre and shall be in addition to any other required yard.

3.24.3. Such planting strip shall be contained within the zone or on the lands for which it is a requirement, and shall run the entire length of the zone or property line or lines separating it from the abutting zone or use except that no planting strip shall be located between the street line and the building line in such a manner or of such a height as to obscure the vision of the operator of a motor vehicle travelling on a public street.

3.24.4. Such planting strip shall consist of a continuous unpierced planting of trees or shrubs, and shall be maintained at an ultimate height of not less than 1.75 metres.

3.24.5. Such planting strip shall be planted and maintained by the owner or owners of the land on which the planting strips are required.

3.24.6. Subject to the site plan approval, a solid fence or wall, of equivalent height, may be considered as an alternative to a planting strip. In any site plan agreement under Section 40 of The Planning Act using a fence or wall as an alternative to a buffer strip, the following aspects relating to the fence or wall shall be considered: location, height, porosity, materials and finishing.

3.25.       Swimming Pools

Notwithstanding anything contained in this By-law, a swimming pool is permitted as an accessory use in any zone, provided that the side and rear yard provisions of that zone are maintained:

3.25.1.                                     in the side yard of any lot if:

3.25.1.1. no part of such pool is located closer to any lot line than the minimum distance required for the principal building located on such lot.

3.25.2. in the rear yard of any lot if no part of such pool is located closer to any lot line than the minimum distance required for an accessory building located on such lot;

3.25.3. every privately owned outdoor swimming pool shall be enclosed by a fence of at least 1.5 metres in height as set out in the Township of Morris Swimming Pool Fence By-law.

3.25.4. no swimming pool or part thereof shall be located above a septic tank or septic tank tile bed without a letter of approval from the local Health Authority.

3.26.       Established Front Yard

Where this By-law requires a front yard of greater than 6 metres, and where on the day of passing of this By-law, more than one-half of the frontage on any side of any one block is built upon, there shall be established a minimum required front yard as being the average of the front yards of all existing buildings in that block; provided, however, that in no case shall the established front yard be less than six (6) metres.

3.27.       Group Homes

Group homes are considered to be residential uses and they are permitted in the following zones: General Agriculture (AG1), Restricted Agriculture (AG2), Agricultural Small Holding (AG4), Village Residential (Low Density) (VR1) and Village Residential (Medium Density) (VR2). A group home is subject to the provisions of Section 2.50.5. and the following shall apply:

3.27.1. Separation Distance Between Group Homes - Minimum, 300 metres;

3.27.2. Parking - Minimum - 1 parking space per 3 beds;

3.27.3. Outside Amenity Area - Minimum - 18.5 sq. m per resident.

3.28.       Setback of Buildings and Structures along Municipal Drains and Natural Watercourses

3.28.1. No building or structure shall be erected closer than 7.5 metres from the centreline of a closed municipal drain or from the top-of-bank of a natural watercourse or open municipal drain having a top width of less than 4.5 metres from top-of-bank to top-of-bank;

3.28.2. No building or structure shall be erected closer than 15 metres from the top-of-bank of a natural watercourse or open municipal drain having a width of between 4.5 metres and 7.5 metres from top-of-bank to top-of-bank;

3.28.3. No building or structure shall be erected closer than 30 metres from the top-of-bank of a natural watercourse or open municipal drain which is more than 7.5 metres in width from top-of-bank to top-of-bank;

3.28.4. Notwithstanding the provisions of Section 3.28.1. to the contrary, in an urban zone the setback from a closed municipal drain may be reduced to 4 metres;

3.28.5. The provisions of Section 3.28. shall not apply to prohibit, in a Natural Environment Zone (NE1), the structures permitted in such zone.

3.29.       Status Zoning

Where in this by-law a zone provides for the status zoning of existing lots, the yards and building dimensions established by the structure or site plan agreement shall be deemed to be the required yards and building dimensions for the lot in that status zone.

3.30.       Setback of Liquid Livestock Manure Storage Facilities from Wells and Watercourses

3.30.1. Notwithstanding Section 3.28., covered steel, covered concrete, earthen, open concrete and open steel manure storage facilities shall be located in accordance with the following setbacks:

3.30.2. Where the distance is less than 150 metres from any watercourse, there must be a combination of winding grassed spillway and distance totaling 150 metres including at least the minimum required distance from a watercourse.

3.30.3. Where the slope exceeds five percent (5%) the manure storage facility must be located a minimum of 150 metres from the nearest watercourse. Beyond 150 metres distance from the watercourse, no spillway or minimum slope is required.

3.31.       Setback of Structures for the Housing of Livestock from Drains and Watercourses

3.31.1. Notwithstanding Section 3.28., any structure housing animals must maintain a minimum separation distance of 60 metres from any open Municipal Drain or natural watercourse.

3.32 Keeping of Livestock, Reptiles or Exotic Animals Prohibited in Urban Areas

The keeping of reptiles, exotic animals that are by nature dangerous to human health, livestock or stinging insects is prohibited in the following zones:

All Village Residential zones (VR1, VR2, and VR3)

Village Industrial (VM1)

All Village Commercial zones (VC1 and VC2), and

Institutional (I1) (Amended by By-law 20-1998)

4.1.         Permitted Uses:

4.1.1.                                                             agricultural use;

4.1.2.                                                                 conservation;

4.1.3.                                                                    forestry use;

4.1.4.                                        a farm produce sales outlet;

4.1.5.                                               a wayside pit or quarry;

4.1.6. exploration, drilling for and production of oil and natural gas;

4.1.7.                        uses accessory to the permitted uses.

4.2.         Accessory Uses:

4.2.1.     home industry accessory to an agricultural use;

4.2.2. home occupation accessory to an agricultural use;

4.2.3. one mobile home accessory to an agricultural use (A mobile home may be used as a primary or supplementary residential unit provided that a supplementary mobile home shall be removed when it is no longer required in the farm operation.);

4.2.4. a single family dwelling accessory to an agricultural use;

4.2.5.                                               converted dwelling unit.

4.3.         Permitted Structures:

4.3.1. one single family dwelling, converted dwelling units and/or a mobile home accessory to an agricultural use;

4.3.2.      more than one main building per lot is allowed;

4.3.3.      buildings and structures for the permitted uses;

4.3.4. other buildings and structures, not including residences, accessory to the permitted uses.

4.4          Zone Regulations

4.4.1.                             Lot Area (minimum) - 38 hectares

Areas of the lot zoned "Natural Environment" may be included in the calculation of the lot area.

4.4.2.                     Lot Frontage (minimum) - 150 metres.

4.4.3.                                Yard Requirements (minimum):

4.4.3.1. for buildings and structures used for livestock, poultry and fur bearing animal housing and waste storage:

4.4.3.1.1.                                front yard depth- 60 metres;

4.4.3.1.2.                                  rear yard depth- 20 metres;

4.4.3.1.3.                                  side yard depth- 20 metres;

4.4.3.1.4.                    exterior side yard depth- 60 metres.

4.4.3.2. other permitted buildings and structures, and accessory structures:

4.4.3.2.1.                                front yard depth- 20 metres;

4.4.3.2.2.                                 rear yard depth- 7.5 metres;

4.4.3.2.3.                                 side yard depth- 7.5 metres;

4.4.3.2.4.                    exterior side yard depth- 20 metres;

4.4.4.                             Building Regulations - Residential

Building Height (max.)                                                   9 m;

Total Floor Area (min)

1 storey                                                                     84 sq. m.

1 1/2 storey & split level                                      112 sq. m.

2 or 2 1/2 storey                                                    140 sq. m.

4.4.5. The maximum number of nutrient units must not exceed four (4) nutrient units per tillable acre or 9.8 nutrient units per tillable hectare.

4.5.         Separation Distance (Agricultural)

Notwithstanding any yard and setback requirement of this by-law to the contrary, no livestock housing facility shall be established or enlarged unless it complies with the Minimum Distance Separation (MDS) Formulae. 

For Closed or Inactive Cemeteries:

Notwithstanding any other provision of this by-law to the contrary, for the purposes of calculating MDS II for a first or expanding livestock facility, cemeteries located within an I1 Zone shall be treated as a Type A land use.  (Amended by By-law 22-2007).

4.5.1.      Minimum Distance Separation (MDS) for Expansion

                Where a livestock facility is to be expanded and such livestock facility:

                - was established or expanded after the coming into force of this provision (July 2, 2002), and

                - will equal or exceed a total of 100 nutrient units after expansion, the minimum distance separation shall be calculated using the percent expansion based on the total of any nutrient units established or added during the previous 3 year period plus the proposed expansion.  In all cases, (including expansions beyond a 3 year period) the minimum distance separation shall be the distance calculated for the original facility or calculated for the proposed expansion, whichever is greater. (As amended by by-law 29-2002)

4.6.         Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

4.7.         Existing Agricultural Uses:

Notwithstanding the provisions for Section 4.4., where an existing lot has a lesser lot area and/or frontage than required under this by-law and is developed for an agricultural use, and contains existing farm buildings and accessory structures, additional farm buildings and structures may be erected, or existing farm structures may be altered providing all other requirements of this by-law are complied with.

4.8.         Existing Farm Holdings

Where an existing lot developed for agricultural uses, exists on the date of passage of this By-law, but does not meet the zone provisions with respect to minimum lot area and minimum lot frontage, the farm holding will be deemed to comply with the By-law with respect to the minimum lot area and minimum lot frontage provisions.

4.9.         Nutrient Management Plan and Manure Storage Requirements

No livestock operation or manure storage facility shall be established or enlarged until a Nutrient Management Plan is completed and all manure storage requirements are complied with as required by the municipality’s manure management by-law or by provincial legislation/regulation (As amended by By-law 29-2002).

4.10.       Status Zones

4.10.1.    AG1-1

Notwithstanding the provisions of Section 4.1. to the contrary, the area zoned AG1-1 may also be used for an existing care facility for senior citizens. All other applicable provisions shall apply.

4.10.2.    AG1-2

Notwithstanding the provisions of Section 4.1. to the contrary, the area zoned AG1-2 may also be used for a non-commercial church sponsored camping area subject to the provisions of Section 20 of this By-law.

4.10.3     AG1-3

Notwithstanding the provisions of Section 4.1 and 4.2 to the contrary, the area zoned AG1-3 includes a single family residence as a permitted use. All other applicable provisions shall apply.

4.11.       Special Zones

4.11.1.    AG1-4

Notwithstanding the provisions of Section 4.4.3.2. to the contrary, the minimum front and side yard setback for structures existing at the date of adoption of this by-law shall be 2 metres.

4.11.2.    AG1-5

Notwithstanding the provisions of Sections 4.1., 4.2. and 4.3.1. to the contrary, in the area zoned AG1-5 a single family dwelling is a permitted structure and use.

Notwithstanding the provisions of Section 4.4.1. to the contrary, in the area zoned AG1-5 the minimum lot area shall be 20 hectares. Areas of the lot zoned “Natural Environment” may be included in the calculation of lot area.

4.11.3.    AG1-6

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Section 3.4. of By-law 22-1989 shall apply to the area zoned AG1-6 as at the date this amendment is adopted (February 14, 1995).

4.11.4.    AG1-7

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Section 3.4. of By-law 22-1989 shall apply to the area zoned AG1-7 as at the date this amendment is adopted (June 22, 1995).

4.11.5.    AG1-8

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, in the area zoned AG1-8, the minimum lot area shall be 15.5 hectares.

4.11.6.    AG1-9

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, in the area zoned AG1-9, the minimum lot area shall be 29.5 hectares.

4.11.7.    AG1-10

Notwithstanding the provisions of Section 4.5. of By-law 22-1989 of the Township of Morris to the contrary, in the area zoned AG1-10, one 30 nutrient unit addition to the livestock barn as existed on September 17, 1996 is permitted at a reduced minimum separation distance of 152.4 metres from the nearest residence.

4.11.8             AG1-11

Notwithstanding the provisions of Sections 4.1., 4.2., and 4.3., to the contrary, a single family residence and accessory buildings shall be permitted on the lands zoned AG1-11.

Notwithstanding the provisions of Section 4.4.1., to the contrary, the minimum lot area for the lands zoned AG1-11 shall be 8 hectares (20 acres). (As Amended by By-Law 15-2000).

4.11.9.            AG1-12

Notwithstanding the provisions of Section 2.74 the maximum number of persons employed on a full-time basis, other than the owner, shall not exceed 6 for any accessory welding and machine shop and office only.  (As amended by By-law 36-2000)

4.11.10.     AG1-13

Notwithstanding the provisions of Section 4.2 to the contrary, the area zoned AG1-13 is permitted a single family residence that is not accessory to agriculture.

The minimum lot area of the property having a zone AG1-13 shall be 40.5 hectares.  Area of the lot zoned AG1 and NE1 may be included in the calculation of lot area.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 41-2005).

4.11.11.     AG1-14 (General Agriculture – Special Provisions)

Notwithstanding the provisions of Sections 4.1 and 4.2 to the contrary, on the lands zoned AG1-14, livestock assembly, sales and transport, and accessory uses are permitted, in addition to the uses permitted in the AG1 zone.  (As amended by By-law 46-2007).

5.1.         Permitted Uses:

Uses permitted in AG1 Zone.

5.2.         Accessory Uses:

Accessory uses permitted in AG1 zone.

5.3.         Permitted Structures:

Structures permitted in AG1 zone.

5.4.         Zone Regulations:

Regulations as stated in AG1 zone.

5.5.         Separation Distance (Agricultural)

Notwithstanding any yard and setback requirement of this by-law to the contrary, no livestock housing facility shall be established or enlarged unless it complies with the Minimum Distance Separation (MDS) Formulae. 

For Closed or Inactive Cemeteries:

Notwithstanding any other provision of this by-law to the contrary, for the purposes of calculating MDS II for a first or expanding livestock facility, cemeteries located within an I1 Zone shall be treated as a Type A land use.  (Amended by By-law 22-2007).

5.5.1.      Minimum Distance Separation (MDS) for Expansion

Where a livestock facility is to be expanded and such livestock facility:

- was established or expanded after the coming into force of this provision (i.e. insert date), and

- will equal or exceed a total of 100 nutrient units after expansion, the minimum distance separation shall be calculated using the percent expansion based on the total of any nutrient units established or added during the previous 3 year period plus the proposed expansion.  In all cases, (including expansions beyond a 3 year period) the minimum distance separation shall be the distance calculated for the original facility or calculated for the proposed expansion, whichever is greater. (As amended by by-law 29-2002)

5.6.         Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

5.7.         Existing Agricultural Uses:

Uses permitted in AG1 zone.

5.8.         Existing Farm Holdings:

Regulations as stated in AG1 zone.

5.9.         Nutrient Management Plan and Manure Storage Requirements:

Regulations as stated in AG1 zone. (As amended by Amendment 29-2002)

5.10.       AG2-1

Notwithstanding the provisions of Section 5.1. to the contrary, one single-family residence is permitted in the area zoned AG2-1. The minimum lot area for the AG2-1 zone is 70 acres.

5.11.       AG2-2

Notwithstanding the provisions of Sections 5.1. and 5.2. to the contrary, the area zoned AG2-2 may also be used for a parking lot as an accessory use to the baseball diamond to the north. A residence is not permitted in the area zoned AG2-2.

(Temporary Use By-law 20-1997, By-law expires May 12, 2000):

Notwithstanding the provisions of Section 5 of By-law 22-1989 to the contrary, the lands to which this temporary use by-law applies may be used for the purpose of a tractor pull meet once per calendar year. The tractor pull meet shall not last longer than three consecutive days. In addition, basketball courts and playground equipment may be erected and used on these lands year round.

5.12.       AG2-3

5.12.1. Notwithstanding the provisions of Section 5.2. to the contrary, in the area zoned AG2-3 neither a single family dwelling nor a mobile home are permitted accessory uses.

5.12.2. Notwithstanding the provisions of Section 5.4. to the contrary, in the area zoned AG2-3 the minimum lot area shall be 19 hectares.

5.12.3.                                     Deleted by By-law 11-2003.

5.12.3.1.                                  Deleted by By-law 11-2003.

5.12.3.2.                                  Deleted by By-law 11-2003.

5.12.4.                                      Deleted by By-law 11-2003

5.13.                                                                               AG2-4

Notwithstanding the provisions of Section 2.74. (Home Industry) to the contrary, the processing of meat and food products, and accessory retail sales shall be permitted on the lands zoned AG2-4, in addition to those uses permitted in the AG2 zone.  The maximum floor area for the home industry use shall be 297 square metres (3,200 square feet).  All other provisions of By-law 22-1989 apply.  (Amended by By-law 10-2000).

5.14.                                                                               AG2-5

Notwithstanding the provisions of Section 5.1. (Permitted Uses) to the contrary, the existing barn in the area zoned AG2-5 shall not be used for the housing of livestock.  (Amended by By-law 51-2001).

5.15.           AG2-6

Notwithstanding the provisions of Section 5 to the contrary, on land zoned AG2-6, the minimum lot area and lot frontage are deemed to comply with Zoning By-law 22-1989.  On the lands zoned AG2-6, a single detached dwelling and accessory buildings are permitted in addition to those used currently permitted in the AG2 zone.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 81-2006).

6.1.         Permitted Uses:

6.1.1. an agricultural industrial establishment;

6.1.2. an agricultural processing establishment;

6.1.3. an agricultural service establishment;

6.1.4. an agricultural supply establishment;

6.1.5. a bulk sales establishment;

6.2.         Permitted Structures:

6.2.1. an accessory dwelling unit or a mobile home detached from or part of the non-residential structure;

6.2.2. buildings and structures for the permitted uses;

6.2.3. buildings and structures accessory to the permitted uses;

6.3.         Zone Regulations:

6.3.1. Lot Area (minimum) - 1400 sq. m Agricultural Commercial-Industrial uses requiring a septic tank disposal system shall have a lot of sufficient size to accommodate a sewage disposal system as approved by the Medical Officer of Health;

6.3.2.  Frontage (minimum) - 30 metres;

6.3.3.  Front Yard Depth (minimum) - 20 m;

6.3.4.   Side Yard Depth (min.) - 7.5 m or 1/2 of the building height, whichever is greater;

6.3.5. Notwithstanding the provisions of Section 6.3.4. all "Agricultural Processing" uses will require a minimum side yard of 15 metres and such buildings shall maintain a minimum separation distance of 100 metres from the nearest residence, other than a residence located on the same lot as the agricultural processing use;

6.3.6. Exterior Side Yard Depth (min.) - 20 m;

6.3.7. Rear Yard Depth (min.) - 7.5 metres;

6.3.8. Lot Coverage (maximum) - 30%;

6.3.9. All lighting and illuminated signs shall be arranged so as to deflect light away from adjacent properties.

6.4.         Regulations for Accessory Residential Uses

6.4.1. Lot Area (to be added to the minimum lot area for the Agricultural Commercial-Industrial Use) - minimum:

6.4.1.1. detached residence - 700 sq. m;

6.4.1.2. attached dwelling unit-350 sq. m;

6.4.2. Minimum floor area per dwelling unit shall be in accordance with the following:

6.4.2.1.    Fully detached residence - 84.0 square metres;

6.4.2.2. A residence as part of the non-residential building or structure - 70.0 square metres;

6.4.2.3. mobile home - 50 square metres.

6.5.         Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

6.6.         Buffer Strip

Notwithstanding the provisions of Section 6.3., a buffer strip of landscaped open space, five (5) metres wide shall be provided between storage and/or display areas and side and/or rear lot lines. Where an AG3 zone abuts an AG1 or AG2 zone, the required buffer strip need not be landscaped.

6.7.         Loading Spaces

All loading facilities must be provided within the lot and no loading may take place on a public right-of-way.

6.8.         Parking

All parking and storage of vehicles will be contained on the lot and no parking or storage of vehicles is permitted on a public right-of-way.

6.9.         Special Zones

6.9.1.      AG3-1

Notwithstanding the provisions of Section 6.1. to the contrary, the area zoned AG3-1 includes as a permitted use a motel and accessory uses, subject to the provisions of Section 6

6.9.2.      AG3-6

Notwithstanding the provisions of Section 6.2. to the contrary, buildings or structures are not permitted in the area zoned AG3-6.

6.10.       Status Zone

6.10.1.    AG3-2

6.10.1.1. Notwithstanding the provisions of Section 6.1. to the contrary, the area zoned AG3-2 may be used for the purposes of an existing restaurant.

6.10.1.2. Notwithstanding the provisions of Section 6.1. to the contrary, the area zoned AG3-2 the existing restaurant may include a retail sales area provided the retail sales area does not exceed 25% of the gross floor area.

6.10.2.    AG3-3

Notwithstanding the provisions of section 6.1. to the contrary, the area zoned AG3-3 may be used for the purpose of an existing auto repair facility, including rust-proofing, accessory automotive sales, and the storage of antique automobiles. It is recognized that an auto repair facility will include the accessory parking and storage of unlicenced vehicles.

6.10.3.    AG3-4

Notwithstanding the provisions of section 6.1. to the contrary, the area zoned AG3-4 may be used for the purpose of a warehouse/shop for an existing building construction firm.

6.10.4     AG3-5

Notwithstanding the provisions of Section 6.1 to the contrary, the property zoned AG3-5 may also include as a permitted use the sale and repair of vehicles and accessory uses including gasoline retail.

7.1.         Permitted Uses:

7.1.1. one single family detached dwelling including a mobile home, double wide or single wide on a permanent foundation;

7.1.2. a home occupation use;

7.1.3. a home industrial use;

7.1.4. agricultural use, limited;

7.1.5. uses accessory to the permitted uses.

7.2.         Permitted Structures:

7.2.1. one single family detached dwelling unit or one converted dwelling unit, or a mobile home, double wide or a mobile home, single wide;

7.2.2.      buildings and structures for the permitted uses;

7.2.3. buildings and structures accessory to the permitted uses.

7.3.         Zone Regulations

7.3.1. Lot Area (minimum) - the lot area existing on the date of passage of this by-law;

7.3.2. Lot Area (maximum) - 4 hectares;

7.3.3. Lot Frontage (min.) - 23 metres;

7.3.4. Front Yard (min.) - 20 metres;

7.3.5. Side Yard (min.) - 5 metres;

7.3.6. Exterior Side Yard (min.)-20 metres;

7.3.7. Rear Yard (min.) - 7.5 metres;

7.3.8. Lot Coverage (max.)- 30 percent.

7.4.         Building Regulations

7.4.1. Building Height (max.) 12 metres;

7.4.2. Dwelling unit floor area (min.) - 84 sq. m.

7.5.         Regulations for Home Industries

7.5.1. Minimum lot size when the home industry is located in whole or in part in an accessory structure -       1600 sq. m;

7.5.2. Area of accessory structure used for home industry (maximum) - 25% of the total floor
area of the residential use or 55 sq. m, whichever is greater.

7.5.3. Where motor vehicle body repair is to establish as a home industry, such body repair shall be conducted in an enclosed building having a minimum separation distance of 100 metres from the nearest residence, other than a residence located on the same lot as the home industry.

7.6.         Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

7.7.         Special Provisions

Notwithstanding the provisions of Sections 7.1. and 7.2., to the contrary, an existing barn may be used or a new barn may be established subject to the following table:

 (Amended by By-law 22-2007).

7.8.         Special Provisions – Existing Livestock Barns

Notwithstanding the provisions of Sections 7.1. and 7.2., to the contrary, an existing barn may be used or a new barn may be established subject to the following table:

 (Amended by By-law 22-2007).

7.9.         Status Zones

7.9.1.      AG4-1

Notwithstanding the provisions of Section 7.7.1. and 7.3.4. to the contrary, the minimum lot area for building a residence is 950 sq. metres and the minimum front yard setback is 10 metres. Development of the subject lot also requires compliance with the provisions of the Conservation Authority, Health Unit and Huron County Engineer. The property zoned AG4-1 may also include as a permitted use the storage, repair and sale of automobiles and the sale of carpet, subject to the home industry provisions.

7.10.       Special Zones

7.10.1.    AG4-2

Notwithstanding the provisions of Section 7.4. to the contrary, the structures located on the area zoned AG4-2 are deemed to conform with the minimum front, side and rear yard provisions of the AG4 zone.

7.10.2.    AG4-3

7.10.2.1. Notwithstanding the provisions of Section 7.3. to the contrary, the setbacks of existing buildings are recognized as they exist at the date of passage of this by-law. The expansion or addition of new buildings shall comply with the provisions of by-law 22-1989.

7.10.2.2. Notwithstanding the provisions of section 7.6. to the contrary, for the area zoned AG4-3, the minimum separation distance shall be the distance calculated in Section 24 multiplied by 1.5 (one decimal five). All other applicable provisions shall apply.

7.10.3.    AG4-4

Notwithstanding the provisions of Section 7.8. of By-law 22-1989 to the contrary, the maximum number of nutrient units permitted in the existing barns on the property zoned AG4-4 is 7.

7.10.4.    AG4-5

Notwithstanding the provisions of Section 7.3. to the contrary, the area zoned AG4-5 shall have a minimum front yard of 12 metres.

7.10.5.    AG4-6

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Section 3.4 of By-law 22-1989 shall apply to the property subject to this amendment as at the date of adoption of the By-law. (May 7, 1991)

7.10.6.    AG4-7

7.10.6.1. Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Sections 3.4. and 7.3.1. of By-law 22-1989 shall apply to the area zoned AG4-7 as at the date this amendment is adopted (October 5, 1993). For the purposes of this section “lot” shall refer to the area zoned AG4-7.

7.10.6.2. Notwithstanding the provisions of Section 7.8. to the contrary, in the area zoned AG4-7 the housing of livestock is prohibited.

7.10.7.    AG4-8

7.10.7.1. Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Sections 3.4. and 7.3.1. of By-law 22-1989 shall apply to the area zoned AG4-8 as at the date this amendment is adopted (July 5, 1994). For the purposes of this section “lot” shall refer to the area zoned AG4-8.

7.10.8.    AG4-9

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Sections 3.4. and 7.3.1. of By-law 22-1989 shall apply to the area zoned AG4-9 as at the date this amendment is adopted (February 14, 1995). For the purposes of this section “lot” shall refer to the area zoned AG4-9.

7.10.9     AG4-10

7.10.9.1 Notwithstanding the provisions of By-law 22-1989 to the contrary, the provisions of Section 7.3.1. shall apply to the area zoned AG4-10 as at the date this amendment is adopted (November 21, 1995).

7.10.9.2 Notwithstanding the provisions of Section 7.6 to the contrary, the required separation distance shall be 256 metres between a newly establishing residence and an existing building or structure used for the housing of livestock, poultry or fur bearing animals, or the waste products from such a building or structure. For the purpose of the separation distance, feedlots and waste storage facilities shall be considered as structures.

7.10.10. AG4-11

7.10.10.1. In addition to the permitted uses listed in Section 7.1., in the area zoned AG4-11, a fish hatchery is also a permitted use.

7.10.10.2. Notwithstanding the provisions of Section 7.4. to the contrary, in the area zoned AG4-11 the required minimum separation distance between a residential dwelling and manure storage or a livestock barn shall be 185 metres.

7.10.11. AG4-12

7.10.11.1. Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Sections 3.4. and 7.3.1. of By-law 22-1989 shall apply to the area zoned AG4-12 as at the date this amendment is adopted (September 17, 1996). For the purposes of this section “lot” shall refer to the area zoned AG4-12.

7.10.11.2. Notwithstanding the provisions of Section 7.8. to the contrary, in the area zoned AG4-12 the housing of livestock equivalent to four nutrient units is permitted in an existing livestock barn.

7.10.11  AG4-13

Notwithstanding the provisions of Section 7.8. to the contrary, an existing livestock barn in the area zoned AG4-13 may contain a maximum of six livestock nutrient units.

7.10.13  AG4-14

Notwithstanding the provisions of By-law 22-1989 of the Township of Morris to the contrary, the provisions of Sections 3.4. and 7.3.1. of By-law 22-1989 shall apply to the area zoned AG4-14 as at the date this amendment is adopted (July 8, 1997). For the purposes of this section “lot” shall refer to the area zoned AG4-14.

7.10.14  AG4-15

Notwithstanding the provisions of Section 7.8. to the contrary, the existing barn on the lands zoned AG4-15 shall be restricted to a maximum of 3 nutrient units.  The existing buildings on the subject property shall be deemed to comply with the setback provisions of the AG4 zone.  (As amended by By-law 19-2000).

7.10.15 .    AG4-16

                    Notwithstanding the provisions of Section 7.3.3. to the contrary, the lands zoned AG4-16 are deemed to comply with Section 7.3.3.  All other provisions shall apply.  (As amended by By-law 24-2000).

7.10.16.        AG4-17

Notwithstanding the provisions of Section 7.3. (Zone Regulations) and 7.8. (Special Provisions-Existing Livestock Barns), to the contrary, on lands zoned AG4-17, the existing buildings shall be deemed to comply with the setback provisions of the AG4 zone and the existing barn shall be limited to a maximum of 20 nutrient units.  (As amended by By-law 46-2001).

7.10.17.        AG4-18

Notwithstanding the provisions of Section 7.8. (Special Provisions-Existing Livestock Barns) to the contrary, livestock shall be prohibited on the lands zoned AG4-18.  (As amended by By-law 51-2001).

7.10.18.        AG4-19

Notwithstanding the provisions of Section 7.8. (Special Provisions-Existing Livestock Barns) to the contrary, on lands zoned AG4-19; the subject property including the existing barn shall be limited to two (2) nutrient units per acre.  (As amended by By-law 61-2001).

7.10.19.        AG4-20

Notwithstanding the provisions of Section 7.8. (Special Provisions-Existing Livestock Barns) to the contrary, on the lands zoned AG4-20; the subject property including the existing barn shall be limited to two (2) nutrient units per hectare.  (As amended by By-law 21-2002).

7.10.20.        AG4-21

Notwithstanding the provisions of Section 7.8. (Special Provisions-Existing Livestock Barns) to the contrary, on the lands zoned AG4-21; the subject property including the existing barn shall be limited to two (2) nutrient units per hectare.  (As amended by By-law 35-2002).

7.10.21.     AG4-22

Notwithstanding the provisions of Section 7.8 (Special Provisions Existing Livestock Barn) to the contrary, on lands zoned AG4-22, the subject property including the existing barn shall be limited to one and a half (1.5) nutrient units per acre.  All other provisions of By-law 22-1989 shall apply.  (As amended by By-law 82-2003).

7.10.22.     AG4-23

Notwithstanding the provisions of Section 7.3.2 to the contrary, the area zoned AG4-23 shall have a minimum lot area of 6.8 hectares.  The area of the lot zoned NE1 may be included in the calculation of the lot area.

7.10.22.1.  The minimum rear yard setback between the NE1 zone and any structure in the AG4-23 zone will be 30 metres.

7.10.22.2.  The minimum side yard setback between the NE1 zone and any structure in the AG4-23 zone will be 10 metres.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 40-2005).

7.10.23.     AG4-24

Notwithstanding the provisions of Section 7.6 (Separation Distance-Non Agricultural) to the contrary, in the area zoned AG4-24 the required minimum distance separation distance between a residential dwelling and manure storage or livestock barn on the south part of Lot 59, Concession 1 shall be 240 metres.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 56-2005).

7.10.24.     AG4-25

Notwithstanding the provisions of Section 7.6 and 24.2 to the contrary, on the lands zoned AG4-25 the Minimum Distance Separation for a residence shall be calculated using a Type "A" land use.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 34-2006).

7.10.25.     AG4-26

Notwithstanding the provisions of Section 7 to the contrary, on land zoned AG4-26; the maximum lot area shall be 4.65 hectares (11.5 acres).  In addition to those uses currently permitted in the AG4 zone, a shed is permitted to be constructed, subject to the setback provisions for a main building, prior to the construction of the main residence.  All other provisions of by-law 22-1989 shall continue to apply.  (As amended by By-law 80-2006).

7.10.26.     AG4-27

Notwithstanding any provisions of By-law 22-1989 to the contrary, on the land zoned AG4-27, the existing buildings are deemed to comply.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 23-2007).

8.1.         Permitted Uses:

8.1.1. a golf course and/or driving range and associated recreational uses including swimming pool, tennis courts, and country club facility.

8.1.2. an accessory dwelling unit detached from or part of any non-residential building or structure.

8.1.3.agricultural use, limited;

8.2.         Permitted Structures:

8.2.1. buildings and structures for the permitted uses;

8.2.2. buildings or structures accessory to permitted uses.

8.3.         Zone Regulations

8.3.1. Lot Size (minimum) - 4.0 hectares.

8.3.2. Frontage (minimum) - 75.0 metres.

8.3.3. Setbacks for buildings or structures (minimum):

8.3.3.1. Front Yard - 30 metres;

8.3.3.2. Side Yard - 8.0 metres;

8.3.3.3. Rear Yard - 8.0 metres;

8.3.4. Lot Coverage (maximum) - 10%.

8.3.5. Parking - see Section 3.12.

8.3.6. All lighting and illuminating signs shall be arranged so as to deflect light away from adjacent properties.

8.4.         Building Regulations

8.4.1. Building Height (maximum) - 12 metres.

8.5.         Regulations for Accessory Residential Uses

8.5.1. Minimum floor area per dwelling unit shall be in accordance with the following:

8.5.1.1. fully detached residence - 84 sq. metres;

8.5.1.2. a residence as part of the non-residential building or structure - 70 square metres.

8.5.2. A separate access to the dwelling unit independent of the commercial establishment shall be provided for the exclusive use of the dwelling.

8.6.         Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

9.1.         Permitted Uses:

9.1.1. agricultural uses (including crop rotation), as they existed on the date of passage of the by-law;

9.1.2. conservation;

9.1.3. recreation, passive;

9.1.4. a private park;

9.1.5. a public park;

9.1.6. a wayside pit;

9.1.7. uses accessory to the permitted uses.

9.2.         Permitted Structures:

9.2.1. a class 1 sewage disposal facility as approved by the Medical Officer of Health;

9.2.2. a maple syrup evaporating facility;

9.2.3. accessory buildings and structures for trails and footpaths, such as stiles, stairways, bridges, benches.

9.2.4. buildings and structures accessory to use as a public park;

9.2.5. buildings and structures necessary for flood and/or erosion control prevention;

9.2.6. buildings and structures accessory to the permitted uses.

9.3.         Special Provisions

9.3.1. The placing or removal of fill or the alteration of water courses will not be permitted without the consent of the Maitland Valley Conservation Authority.

9.3.2. Clearing of areas within the Natural Environment Zone (NE1) will be prohibited with the exception of cutting as permitted in accordance with County By-law No. 23-1986, or amendments thereto.

9.3.3. Drainage of Areas within the Natural Environment Zone will be prohibited with the exception of those drains constructed in accordance with the Drainage Act and Tile Drainage Act.

9.4.         Special Zones - Non Sensitive Natural Environment

The following special zones are permitted through rezoning in accordance with policies included within the Township Secondary Plan.

9.4.1.      NE1-1

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary the area zoned NE1-1 may include a single family dwelling accessory to an agricultural use, as defined in Section 4 (AG1) or Section 5 (AG2) subject to the following:

9.4.1.1. The establishment of the residence is subject to the zone regulations of Section 4 (AG1);

9.4.1.2. the residence is located on the same lot as the agricultural use.

9.4.2.      NE1-2

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary the area zoned NE1-2 may include a single family dwelling accessory to an agricultural commercial use as defined in Section 6 (AG3) subject to the following:

9.4.2.1. The establishment of the residence is subject to the zone regulations of Section 6 (AG3);

9.4.2.2. the residence is located on the same lot as the agricultural commercial use.

9.4.3.      NE1-3

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary the area zoned NE1-3 may be used for the expansion of existing buildings or structures accessory to an agricultural use or forestry, as defined in Section 4 or 5, subject to the following:

9.4.3.1. If the agricultural buildings are within 610 metres of an urban area as defined on Schedule B of the Township Secondary Plan, any expansion of agricultural buildings is subject to the provisions of Section 5 (AG2) or alternatively if the agricultural buildings are not located within this area any expansion of agricultural buildings is subject to the provisions of Section 4 (AG1).

9.4.4.      NE1-4

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary, the area zoned NE1-4 may include institutional buildings or structures related to the protection, maintenance or public use of the natural environment (not including a campground or trailer park) subject to the provisions of Section 20 (I1).

9.4.5                 NE1-6

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary, the area zoned NE1-6 may be used for an expansion to the south of the existing residence with a maximum floor area of 139 sq. m.  The special provisions also recognize an existing accessory structure with a total floor area of 12 sq. m and permits a secondary accessory structure to the west of the existing residence with a maximum floor area of 119 sq. m.  Both accessory structures are limited to non-commercial uses and the provisions of Section 14.5.1 and 14.5.3 shall apply.  The Huron County Health Unit requirements and the construction regulations of the Maitland Valley Conservation Authority also apply. (As Amended by By-Law 52-1998)

9.4.6       NE1-7

9.4.6.1.   In addition to the permitted uses listed in Section 9.1 the area zoned NE1-7 may include a single family dwelling and storage shed.

9.4.6.2.   The NE1-7 zone is subject to the zone regulations of Section 4 General Agriculture (AG1) except as noted in Sections 9.4.6.3., 9.4.6.4 and 9.4.6.5.

9.4.6.3.   The exterior side yard setback for the area zoned NE1-7 is 7.5 metres.

9.4.6.4.   The minimum lot area for the subject property shall be 22.6 hectares.  Area of lot zoned NE1 may be included in the calculation of the lot area.

9.4.6.5.   The required minimum distance between a residential dwelling and manure storage or livestock barn shall be 205 metres.

9.4.6.6.   The minimum distance between the NE1 zone and any structure in the NE1-7 zone shall be 50 metres.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 38-2004).

9.5.         Status Zone

9.5.1.      NE1-5

Notwithstanding the provisions of Section 9.1. and 9.2. to the contrary, the area zoned NE1-5 includes an existing golf course.

10.1.       Permitted Uses:

10.1.1. one single family residential use;

10.1.2. a home industrial use;

10.1.3. a home occupation use;

10.1.4. conservation use;

10.1.5. a private park;

10.1.6. uses accessory to the permitted uses.

10.2.       Permitted Structures:

10.2.1. one single family residential dwelling;

10.2.2. buildings or structures for the permitted uses;

10.2.3. buildings or structures accessory to the permitted uses.

10.3.       Zone Provisions

10.3.1. Lot Area (Minimum)- the lot area existing on the date of passing of this by-law

10.3.2. Lot Frontage (minimum) -23 metres

10.3.3. Front Yard (minimum) -20 metres

10.3.4. Side Yard (minimum) - 5 metres

10.3.5. Exterior Side Yard (min.) - 20 metres

10.3.6. Rear Yard (minimum) -7.6 metres

10.3.7. Lot Coverage (maximum) -30%

10.4.       Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

10.5.       Special Provisions

10.5.1. Notwithstanding the provisions of Section 10.3. to the contrary, the establishment of a residence shall require a minimum lot area of 1400 sq. metres.

10.5.2. Notwithstanding Section 9.1. and 9.2., permitted structures shall only be established in accordance with the fill and construction regulations of the Maitland Valley Conservation Authority.

10.5.3     NE4-1

Notwithstanding the provisions of Section 10.1 and 10.2 to the contrary, the provisions of Section 7.7. shall apply to the property zoned NE4-1.

10.5.4.    NE4-2

Notwithstanding the provisions of Sections 10.1. and 2.50.2. to the contrary, the area zoned NE4-2 may be used for a converted dwelling containing a maximum of two dwelling units.

11.1.       Permitted Uses:

11.1.1. Natural Environment, sensitive use

11.2.       Permitted Structures:

11.2.1. Structures accessory to the maintenance of the Natural Environment, sensitive areas.

11.3.       Special Provisions

11.3.1. The placing or removal of fill or the alteration of water courses will not be permitted;

11.3.2. Clearing of areas within the Natural Environment (NE5) Zone will not be permitted;

11.3.3. Drainage of areas within the Natural Environment (NE5) Zone will not be permitted;

11.3.4. Notwithstanding Sections 11.3.1., 11.3.2., and 11.3.3. to the contrary, the placing and removal of fill, the clearing of areas, and the drainage of areas, within the NE5 Zone will only be permitted for the maintenance of the Natural Environment, sensitive areas.

12.1.       Permitted Uses:

12.1.1. all classes of pits and quarries as defined and licensed by the Pits and Quarries Control Act;

12.1.2. the processing of extracted materials from the site including crushing, screening, washing, sorting and storing of materials, and a temporary hot mix plant, but not including a permanent hot mix plant or a ready mix plant;

12.1.3. agricultural uses as they existed on the date of passage of this by-law and the expansion of existing agricultural buildings subject to the zone provisions, regulations and separation distances of Section 4, or where the agricultural use is within 600 metres of an urban area, Section 5.

12.1.4. accessory uses.

12.2.       Permitted Structures:

12.2.1. an office and service building or structure;

12.2.2. storage and maintenance buildings or structures;

12.2.3. other buildings and structures accessory to the permitted uses, but not including a permanent dwelling unit.

12.2.4. a dwelling unit existing on the date of passage of this by-law and the reestablishment of same in the event of accidental destruction.

12.3.       Zone Regulations

12.3.1. Lot Area - No minimum required.

12.3.2. For permanent buildings and structures, the following minimum yards apply:

12.3.2.1. Front Yard -17 metres;

12.3.2.2. Side Yard -17 metres;

12.3.2.3. Rear Yard -17 metres;

12.3.3. Lot Coverage (max.) -10%

12.4.       Special Provisions:

12.4.1. the site shall be mined, managed and rehabilitated in accordance with the Regulations of the Pits and Quarries Control Act as amended, and site plan approved by the Ministry of Natural Resources.

12.4.2. Setback of Pit or Quarry

No pit or quarry shall be extracted or expanded within thirty (30) metres of any road limit, top-of-bank of stream or within one hundred and fifty (150) metres of any dwelling, (excluding dwellings within the same ownership as the Pit or Quarry and excluding those situations where this provision may be violated as a result of previously approved site plans under the Pits & Quarries Act), or within fifteen (15) metres of any property line, or within fifteen (15) metres of any Natural Environment zone. Where two extractive operations abut, this property line restriction may be waived conditional upon a signed agreement being registered against the deeds of both properties.

12.4.3. Following rehabilitation an AG1, AG2, or NE1 use is permitted, subject to the provisions of these respective zones.

12.5.       Status Zone

12.5.1.    ER1-1

Notwithstanding the provisions of Section 12.1. to the contrary, the area zoned ER1-1 may include an existing residence, subject to the provisions of Section 7.

12.6.       Special Zone

12.6.1.    ER1-2

In the area zoned ER1-2, the provisions of Section 3.4. of By-law 22-1989 shall apply as at the date this amendment is adopted (February 1, 1994).

12.6.2.    ER1-3

Notwithstanding the provisions of Section 12.1. to the contrary, the area zoned ER1-3 may include an existing residence subject to the provisions of Section 7.

In the area zoned ER1-3, the provisions of Section 3.4. of By-law 22-1989 shall apply as at the date this amendment is adopted (February 1, 1994).

12.6.3.    ER1-4

Notwithstanding the provisions of Section 12.1. to the contrary, in the area zoned ER1-4 existing agricultural uses and expansions of such agricultural uses are permitted subject to the provisions of Section 4, or where the agricultural use is within 600 metres of an urban area, Section 5.

13.1        Permitted Uses:

13.1.1. a hot mix asphalt plant;

13.1.2. a ready mix concrete plant;

13.1.3. uses permitted in an ER1 Zone.

13.2        Permitted Structures:

13.2.1. buildings and structures for the permitted uses;

13.2.2. buildings and structures accessory to the permitted uses, not including a permanent dwelling unit.

13.3.       Zone Regulations:

13.3.1. Lot Area (min.) -2 hectares;

13.3.2. Yards (minimum)

13.3.2.1. Front Yard -17 metres;

13.3.2.2. Side Yard -17 metres;

13.3.2.3. Rear Yard -17 metres;

13.3.3. Lot Coverage (max.) -20%.

13.4        Special Provisions

13.4.1.    Location

An extractive industrial zone is only permitted within an area licensed as a pit or quarry in accordance with the Regulations of the Pits and Quarries Control Act, as amended.

13.4.2.    Setback for Industrial Building or Structure

An extractive industrial (ER2) building or structure shall be located a minimum distance of three hundred (300) metres from any permanent dwelling unit.

14.1.       Permitted Uses:

14.1.1. single family residential use;

14.1.2. a converted dwelling;

14.1.3. a duplex dwelling;

14.1.4. a home occupation;

14.1.5. a group home;

14.1.6. uses accessory to the permitted uses.

14.2.       Permitted Structures:

14.2.1. one single family dwelling on one lot;

14.2.2. buildings and structures for the permitted uses;

14.2.3. buildings and structures accessory to the permitted uses.

14.3.       Zone Regulations:

14.3.1. Lot Area (minimum) -1400 sq. metres

14.3.2. Lot Frontage (minimum) - 23 metres

14.3.3. Lot Depth (minimum) - 40 metres

14.3.4. Front Yard Depth (min.) - 7.5 metres

14.3.5. Side Yard Depth (min.) - 3 metres

14.3.6. Exterior Side Yard (min.) -7.5 metres

14.3.7. Rear Yard Depth (min.) - 8 metres

14.3.8. Lot Coverage (maximum) -30 percent

14.3.9. Landscaped Open Space (min.) -30 %

14.4.       Building Regulations

14.4.1. Building Height (max.)- 9 m;

14.4.2. Total Floor Area (minimum)

One storey                             - 84 sq. m;

1 1/2 storey & Split level    -112 sq. m;

2 or 2 1/2 storey                   -140 sq. m

14.5.       Regulations for Accessory Buildings & Structures

14.5.1.    Yard Requirements

14.5.1.1. No accessory building or structure shall be located in a front yard.

14.5.1.2. No accessory building or structure shall be located closer than 4.5 metres to an abutting street (exterior side lot line).

14.5.1.3. No accessory building or structure shall be located closer than 1.5 metres to an interior side lot line or rear lot line. However, an attached garage or attached carport with no rooms above may be erected at a distance of not less than one (1) metre from a side lot line.

14.5.2. Floor Area, Ground - The total floor area of all accessory buildings shall not exceed 90 sq. metres.

14.5.3. Building Height (maximum) - 6.0 metres.

14.6        Special Provisions

14.6.1.    Existing Buildings, Structures & Developed Lots

The lot area, lot frontage, lot depth, all yards, gross floor area of the main building, lot coverage, and building height of existing permitted buildings, structures and lots, where lower than the foregoing minimum or higher than the foregoing maximum requirements, shall apply as they lawfully exist on the day of the passing of this By-law.

14.6.2.    Existing Undeveloped Lots

Where a lot having an area and/or frontage or depth less than the minimum requirement stated in Section 14.3. is held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry Office, at the date of the passing of the By-law, such lot may be used and a single-family detached dwelling erected on the lot provided:

14.6.2.1. Minimum lot frontage:                               18 m;

14.6.2.2. Minimum lot area:                           1,000 sq. m;

14.6.2.3. All relevant regulations made under The Public Health Act and all relevant requirements of the relevant Health Authority are fulfilled.

14.6.3.    Fence Material

Fences in a VR1 Zone shall not include barb wire or other hazardous materials, except where a VR1 Zone abuts an AG2 Zone.

14.7.       Special Zone

14.7.1.    VR1-1

Notwithstanding the provisions of Section 14.3.1. to the contrary, the following shall apply to those lands zoned VR1-1:

Lot Area (minimum) - the lot area existing on the date of passing of this by-law.

14.7.2.    VR1-2

Notwithstanding the provisions of Sections 14.3.4. and 14.5.1.3. to the contrary, the area zoned VR1-2 shall have a minimum front yard depth of 3.8 metres and no accessory building or structure shall be located closer than 1.2 metres to an interior side lot line.

14.7.3             VR1-3

Notwithstanding the provisions of Section 14.1, to the contrary, an automotive repair establishment shall be permitted on the lands zoned VR1-3, in addition to those uses permitted in the VR1 zone.  The automotive repair is limited to cars and pick-up trucks.  The maximum floor area of the existing building used for automotive repair shall be limited to its current size with a maximum floor area of 71.3 square metres (768 square feet).  The lands zoned VR1-3 shall be subject to the provisions of Section 2.74. (Home Industry)  All other provisions of By-Law 22-1989 apply. (As Amended by By-Law 8-2000).

14.7.4             VR1-4-H

Notwithstanding the provisions of Section 14.3, to the contrary, the following shall apply to the area zoned VR1-4:

Lot Area – not less than 1.15 hectares (2.8 acres), which includes lands zoned VR1-4 and NE1;

Lot frontage – not more than 92 metres (301.84 ft.)

Easterly side yard – 42 metres (137.79 ft.) which includes the lands zoned NE1;

Westerly side yard – 15 metres (50 feet).

(As amended by By-law 36-2002)

14.7.4.1. VR1-4 (Village Residential-                                  Special Provisions)

Notwithstanding any provisions of this by-law as amended to the contrary, on the lands zoned VR1-4 the use of the existing barn shall be limited to dry storage. (As amended by By-law 11-2003)

14.7.5.    VR1-5

Notwithstanding the provisions of Section 14.1 to the contrary, for the area zoned VR1-5, a home industry is a permitted use in a VR1-5 zone.  In addition to the occupations defined in 2.74 (Home Industry), farm equipment repair and the retail sale of small engines such as chain saws and lawn mowers and including used ATV's and snowmobiles is permitted.  Retail sales of accessory or related products is also permitted.  Retail sales of farm equipment, car and trucks is not permitted.  Products will not be displayed in the front yard.  All other provisions of By-law 22-1989 shall continue to apply.  (As amended by By-law 80-2005).

15.1.       Permitted Uses

15.1.1. uses permitted in a VR1 zone;

15.1.2. dwelling, semi-detached;

15.1.3. a nursing home

15.1.4. a home for the aged;

15.1.5. a day nursery;

15.1.6. a converted dwelling;

15.1.7. a quadruplex;

15.1.8. uses accessory to the permitted uses.

15.2.       Permitted Structures

15.2.1. one single family dwelling, duplex dwelling or semi-detached dwelling on a lot;

15.2.2. a nursing home or home for the aged;

15.2.3. buildings and structures for the permitted uses;

15.2.4. buildings and structures accessory to the permitted uses.

15.3.       Zone Regulations

Section 14.3. applies.

15.4.       Building Regulations

15.4.1. Building Height (max.)9 metres

15.4.2. Total Dwelling Unit Floor Area

                                               (minimum)  55 square metres

15.5.       Regulations for Accessory Buildings & Structures

15.5.1.    Yard Requirements

15.5.1.1. Section 14.5.1.1. applies.

15.5.1.2. Section 14.5.1.2. applies.

15.5.1.3. No accessory building or structure shall be located closer than 1.5 metres to an interior side lot line or rear lot line, except for semi-detached garages which may be centered on a mutual side lot line.

15.5.2.    Lot Coverage (maximum)

Section 14.5.2. applies.

15.5.3. Building Height (maximum)6 metres

15.6.       Special Provisions

15.6.1.    Existing Buildings, Structures & Developed Lots

The lot area, lot frontage, all yards, gross floor area of the main building, lot coverage and building height of existing permitted buildings, structures and lots, where lower than the foregoing minimum or higher than the foregoing maximum requirements, shall apply as they lawfully exist on the day of passing of this By-law.

15.6.2.    Additional Lot Area Required

Notwithstanding the provisions of Section 15.3. where more than one dwelling unit exists on the lot, the minimum lot areas shown shall be increased by 450 square metres for each additional dwelling unit (with the exception that for a nursing home or home for the aged the minimum lot size shall increase by 75 sq. metres for each unit above 5).

15.6.3.    Semi-Detached Side Yard

Notwithstanding the provisions of Section 15.3. the abutting side yard requirements for one unit of a semi-detached dwelling on a separately titled lot shall be 0.

15.6.4.    Title Separation of Attached Dwellings

Semi-detached dwellings may be separated to give distinct ownerships to the various dwelling units by lot lines in projection of the lines of party walls providing the aggregate continues to comply with the requirements of this By-law and each unit has a minimum of 10 metres frontage on a street and each unit has the required parking on the parcel containing the unit.

15.6.5.    FENCE MATERIAL

Fences in a VR1 Zone shall not include barb wire or other hazardous materials, except where a VR1 Zone abuts an AG2 Zone.

15.6.6.    VR2-1

Notwithstanding the provisions of Section 15.1. to the contrary, the permitted uses on the property zoned VR2-1 also includes a senior citizens apartment building.

16.1.       Permitted Uses

16.1.1. uses permitted in the VR1 zone;

16.1.2. residential use;

16.1.3. uses accessory to the permitted use.

16.2.       Permitted Structures

16.2.1. a mobile home, double wide, and a mobile home single wide, as defined in Section 2.94. on a permanent foundation;

16.2.2. buildings and structures for the permitted uses;

16.2.3. buildings and structures accessory to the permitted uses.

16.3.       Zone Regulations

Section 14.3. applies.

16.4.       Building Regulations

16.4.1. Building Height (max.)- 9 metres;

16.4.2. Total Floor Area (minimum)- 55 sq. m.

16.5.       Regulations for Accessory Buildings & Structures

Section 14.5. applies.

16.6.       Special Provisions

Section 14.6. applies.

17.1.       Permitted Uses

17.1.1. all permitted uses shall be dry industries as defined in Section 2.49.;

17.1.2. an agricultural industrial establishment;

17.1.3. an agricultural processing establishment not including dead stock removal;

17.1.4. an automotive body shop;

17.1.5. a contractor or tradesman's shop or yard;

17.1.6. a garage, public;

17.1.7. an accessory retail or wholesale outlet;

17.1.8. an office accessory to a permitted use;

17.1.9. a storage industry or warehouse;

17.1.10. a transport terminal or yard;

17.1.11. uses accessory to the permitted uses.

17.2.       Permitted Structures

17.2.1. buildings and structures for the permitted uses;

17.2.2. buildings and structures accessory to the permitted uses.

17.3.       Zone Regulations

17.3.1. Lot Area (minimum):1400 square metres

17.3.2. Lot Frontage (minimum):25 metres

17.3.3.Front Yard Depth (minimum):

17.3.3.1. adjacent to Provincial or County Road:
15 metres

17.3.3.2. adjacent to Township Road:10 metres

17.3.4. Side Yard Depth (minimum):4.5 metres

(except where abutting a Residential, Institutional or Recreational Zone or Park Use, in which case - 7.5 metres).

17.3.5.    Exterior Side Yard Depth (minimum):

17.3.5.1.adjacent to a Provincial or County Road:
                                                                                  15 metres

17.3.5.2. adjacent to a Township Road:10 metres

17.3.6. Rear Yard Depth (minimum):7.5 metres

17.3.7. Lot Coverage (maximum):40%

17.3.8. Landscaped Open Space (minimum):10%

17.4.       Special Provisions

17.4.1.    Planting Strips

Shall be provided in accordance with the provisions of Section 3.24.

17.4.2.    Open Storage

The outdoor storage of goods or materials shall be permitted to the side or rear of the main building provided that:

17.4.2.1. such outdoor storage is accessory to the use of the main building on the lot;

17.4.2.2. such outdoor storage complies with the yard and setback requirements of this Zone;

17.4.2.3. such open storage does not cover more than 75% of the lot area;

17.4.2.4. any portion of the area used for outdoor storage, where it does not adjoin the outside wall of a building is completely concealed from view from the street or from an adjacent non-industrial zone by a fence, planting strip or decorative masonry wall or a combination thereof in conformity with Section 3.24.

17.4.3.    Existing Buildings, Structures & Lots

The lot area, lot frontage, all yards, gross floor area of the main building, lot coverage, and building height of existing permitted buildings, structures and lots, where lower than the foregoing minimum or higher than the foregoing maximum requirements, shall apply as they lawfully exist on the day of passing of this By-law.

17.4.4     VM1-1

17.4.4.1.                Notwithstanding the provisions of Section 17.1. to the contrary, Section 17.1.1. (all permitted uses shall be dry industries) shall not apply to the lands zoned VM1-1, upon the provision of municipal water and sewage.

17.4.4.2.                Notwithstanding the provisions of Section 17.1. to the contrary, the following uses shall be permitted on the lands zoned VM1-1, in addition to those uses permitted in the VM1 zone:

An assembly, manufacturing, fabricating, packaging, printing, publishing plant or warehouse conducted and wholly contained within an enclosed building.  (As amended by By-law 14-1998)

18.1.       Permitted Uses

18.1.1. an agricultural supply establishment, except those dealing with heavy machinery, fuels, factory equipment or building materials;

18.1.2. a bank or a financial institution;

18.1.3. a clothing store;

18.1.4. a day nursery;

18.1.5. dwelling unit(s) accessory to a permitted use;

18.1.6. a food store;

18.1.7. a general store;

18.1.8. a greenhouse, commercial;

18.1.9. a hotel;

18.1.10. an office use or clinic;

18.1.11. a parking area;

18.1.12. a private club;

18.1.13. a restaurant;

18.1.14. a service shop;

18.1.15. a funeral home;

18.1.20. a hardware store;

18.1.21. a retail store except those dealing with heavy machinery, fuels, factory equipment, building materials, new or used automobiles, boats, trailers, motorcycles or snowmobiles;

18.1.22. a gasoline bar;

18.1.23. uses accessory to the permitted use.

18.2.       Permitted Structures

18.2.1. buildings and structures for the permitted uses;

18.2.2. buildings and structures accessory to the permitted uses;

18.3.       Zone Regulations:

18.3.1. Lot Area (minimum):1400 square metres

18.3.2. Lot Frontage (minimum):30 metres

18.3.3. Front Yard Depth (minimum): 3 metres

18.3.4. Side Yard Depth (minimum): 3 metres

18.3.5. Exterior Side Yard (minimum): 3 metres

18.3.6. Rear Yard Depth (minimum):7.5 metres

18.3.7. Lot Coverage (maximum):40 percent

18.3.8. Landscaped Open Space (minimum):10 %

18.4.       Building Regulations

18.4.1.Building Height (maximum):10 metres

18.5.       Regulations for Accessory Residential Use

18.5.1. Location - other than in basement or cellar.

18.5.2. Minimum Floor Area per dwelling unit shall be in accordance with the following:

18.5.2.1.                                       Fully detached residence:            84 square metres

18.5.2.2. A residence as part of the non-residential building or structure: 70 square metres;

18.5.3. Access to dwelling units from the adjacent street shall be provided for the exclusive use of the dwelling.

18.6.       Existing Buildings, Structures and Lots

The lot area, lot frontage, all yards, gross floor area of the main building, lot coverage, and building height of existing permitted buildings, structures and lots, where lower than the foregoing minimum or higher than the foregoing maximum requirements, shall apply as they lawfully exist on the day of passing of this By-law.

18.7.       Status Zone

18.7.1.    VC1-1

Notwithstanding the provisions of Section 18.1. to the contrary, the property zoned VC1-1 also includes as a permitted use a service station. All other applicable provisions shall apply.

18.8.       Special Zones

18.8.1.    VC1-2

The provisions of Section 18.6. of By-law 22-1989 shall apply to the area zoned VC1-2 as at the date this amendment is adopted (November 21, 1995) (As amended by By-law 75-1995).

19.1.       Permitted Uses

19.1.1. an agricultural service establishment;

19.1.2. an agricultural supply establishment;

19.1.3. an animal and poultry health and breeding clinic;

19.1.4. an auction sale facility;

19.1.5. an automotive sales and service establishment;

19.1.6. an automotive repair establishment;

19.1.7. a rust proofing establishment;

19.1.8. an automotive washing establishment;

19.1.9. a boat or motorized recreational vehicle sales establishment;

19.1.10. drive-in restaurant;

19.1.11. a drive-in theatre;

19.1.12. a motel

19.1.13. a permanent fruit or vegetable stand;

19.1.14. one dwelling unit within the rear portion or second storey of a commercial building or an accessory dwelling unit in a detached residence;

19.1.19. service station;

19.1.19. funeral home;

19.1.21. uses accessory to the permitted uses.

19.1.22. building supply sales & storage.

19.2.       Permitted Structures

19.2.1. buildings and structures for the permitted uses;

19.2.2. buildings and structures accessory to the permitted uses.

19.3.       Zone Regulations

19.3.1. Lot Area (minimum) -1400 sq. m;

19.3.2. Lot Frontage (min.) -25 metres;

19.3.3. Front Yard Depth (min.) - 10 metres;

19.3.4. Side Yard Depth (min.) - 4.5 metres

(except where abutting an Institutional, Residential or Recreational Zone or a Park Use, in which case, 7.5 metres).

19.3.5. Exterior Side Yard (min.) - 10 metres.

19.3.6. Rear Yard (min.) - 7.5 metres.

19.3.7. Lot Coverage (max.) - 25 percent.

19.4.       Building Regulations

19.4.1.                         Building Height (max.) - 10 metres.

19.4.2. Minimum Dwelling Unit Area - for dwelling units located within a commercial building - 70 square metres.

19.5.       Regulations for Accessory Residential Use

19.5.1.          Location - other than in basement or cellar.

19.5.2. Minimum Floor Area per dwelling unit shall be in accordance with the following:

19.5.2.1.     Fully detached residence - 84 square metres;

19.5.2.2. A residence as part of the non-residential building or structure - 70 square metres.

19.5.3. A separate access to dwelling units independent of the commercial establishment shall be provided for the exclusive use of the dwelling.

19.6.       Regulations for Automotive Sales and Service Use

Where an automotive sales and service use includes retail fuel sales, the following provisions shall apply:

19.6.1. the maximum width of a driveway measured along the sidewalk, where such exists, and along the street line shall be 10 metres;

19.6.2. the minimum distance between driveways measured along the street line intersected by such driveways shall be 7.5 metres.

19.6.3. the minimum distance between a driveway and an intersection of street lines, measured along the street line intersection by such driveway shall be 6 metres;

19.6.4. the minimum distance between an interior side lot line and any driveway shall be 3 metres;

19.6.5. the interior angle formed between the street line and the centreline of any driveway shall be not less than 60 degrees;

19.6.6. points of access and egress must be clearly identified.

19.7        Special Provisions

19.7.1.    Off Street Parking

No parking space or part thereof shall be located and no stand shall be used as parking for a motor vehicle or for equipment within three (3) metres of any street line.

19.7.2.    Open Storage Regulations

The minimum setback from any front, side or rear lot line of any open storage area in this zone shall be no less than seven and one-half (7.5) metres for the front yard depth and three (3) metres for the side yard width and rear yard depth respectively.

19.8        Status Zone

19.8.1.    VC2-1

Notwithstanding the provisions of Section 19.1 to the contrary, the following uses are also permitted on the property zoned VC2-1 - bulk sales establishment, petroleum and propane sales and storage. All other applicable provisions shall apply.

19.8.2.            VC2-2

Notwithstanding the provisions of Section 19.1 to the contrary, the following use shall be permitted on the lands zoned VC2-2, in addition to those uses permitted in the VC2 zone:

-a contractor or tradesman shop or yard which would permit the storage, sale and repair of heavy machinery, equipment and trucks, and the retail sale of lubricants and fuels for trucks, and the performance of shop or assembly work or the storage of building and construction materials and equipment.  All other provisions of By-aw 22-1989 shall apply. (As Amended by By-law 17-1999).

19.8.3.    VC2-3

Notwithstanding any provisions of this by-law as amended to the contrary, on the lands zoned VC2-3, a communications tower is considered accessory to the permitted use. All other provisions of By-law 22-1989 shall apply. (As Amended by By-law 22-2003)

20.1.       Permitted Uses

20.1.1. an arena;

20.1.2. an art gallery;

20.1.3. an assembly hall;

20.1.4. a cemetery;

20.1.5. a church or religious institution;

20.1.6. a clinic (public);

20.1.7. a community centre;

20.1.8. a day nursery;

20.1.9. a fire hall;

20.1.10. a grandstand;

20.1.11. a hospital;

20.1.12. a library;

20.1.13. a museum;

20.1.14. a police station;

20.1.19. a post office;

20.1.20. public buildings and uses (municipal government, county, and area provincial and federal offices);

20.1.20. a public swimming pool;

20.1.22. a sanitorium;

20.1.19. a school;

20.1.20. utility buildings;

20.1.20. home for the aged;

20.1.22. nursing home;

20.1.19. garage, public;

20.1.20. a park, public;

20.1.20. uses accessory to the permitted uses.

20.2.       Permitted Structures

20.2.1.    buildings and structures for the permitted uses;

20.2.2. buildings and structures accessory to the permitted uses;

20.3.       Zone Regulations

20.3.1. Lot Area (minimum):1400 square metres.

20.3.2. Lot Frontage (minimum):25 metres.

20.3.3. Front Yard Depth (minimum):15 metres.

20.3.4. Side Yard Depth (minimum):7.5. metres.

except where an Institutional use abuts a Residential Zone, a 9 metre side yard is required.

20.3.5. Exterior Side Yard Depth (min.):9 metres.

20.3.6. Rear Yard Depth (minimum):7.5 metres.

20.3.7. Lot Coverage (maximum)40 percent.

20.3.8. Landscaped Open Space (min.):10 percent.

20.4.       Building Regulations

20.4.1. Building Height (maximum):18 metres

20.5.       Special Provisions

20.5.1. Notwithstanding the provisions of Sections 20.3.4. and 20.3.6., where an Institutional use abuts a Residential Zone, a nine (9) metre side yard and/or rear yard (including the planting strip) shall be required.

20.5.2.    Separation Distance (Residential)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

21.1.       Permitted Uses

21.1.1. municipal or private solid waste disposal sites;

21.1.2. sewage treatment works or collection facilities;

21.1.3. water treatment, supply or storage facilities;

21.1.4. garbage transfer station.

21.2.       Permitted Structures

21.2.1. Buildings and structures for the permitted uses;

21.2.2. Buildings and structures accessory to the permitted uses;

21.3.       Zone Regulations

21.3.1. Lot Area (minimum) - 1850 sq. m.

21.4.       Special Provisions

21.4.1. All disposal sites shall develop according to the applicable regulations of the Ontario Ministry of Health and/or Ontario Ministry of the Environment.

21.4.2. Subject to an agreement pursuant to site plan control Council may require the establishment of a fence or planting strip.

22.1.       Permitted Uses

22.1.1. agriculture;

22.1.2. conservation;

22.1.3. a radio, television, microwave, or similar communications tower or towers;

22.1.4. railway tracks and stations;

22.1.5. a pipeline;

22.1.6. an electrical distribution or transformer station

22.1.7. accessory buildings and structures.

22.2        Special Provisions

Subject to an agreement pursuant to site plan control Council may require the establishment of a fence or planting strip.

23.1.       Permitted Uses

23.1.1. uses existing on the date of the passing of this By-law;

23.1.2. uses accessory to the permitted uses;

23.1.3. agricultural use, limited;

23.2.       Permitted Structures

23.2.1. buildings and structures existing on the date of passage of this By-law;

23.2.2. buildings and structures accessory to the permitted uses, not including the establishment of new livestock buildings.

23.3.       Subdivisions

Final approval of subdivision of land in a Development Zone will not be permitted prior to rezoning to the applicable zone.

23.4.       Zone Provisions for Accessory Buildings

Front yard depth (minimum)            10 metres

Rear yard depth (minimum):            7.5 metres

Side yard depth (minimum):             7.5 metres

Exterior side yard depth (min.):        10 metres

23b.1.     Permitted Uses

23b.1.1. a ‘salvage yard’ and notwithstanding the provisions of Section 2.138 of By-law 22-1989 to the contrary, it shall include a lot and/or premises for the storage and/or handling and/or sale of scrap or used materials, which are non-hazardous in nature including wood, concrete, brick and asphalt pavement. It shall not include a junk or scrap metal yard or an automotive wrecking establishment;

23b.1.2. uses accessory to the permitted uses;

23b.2.     Permitted Structures

23b.2.1. an accessory residence to be owned and occupied by the manager of the permitted commercial operation;

23b.2.2. a storage shed;

23b.2.3. buildings and structures for permitted uses;

23b.2.4. buildings and structures accessory to the permitted uses.

23b.3.     Zone Regulations

23b.3.1.                        Zone Area (minimum):2 hectares;

23b.3.2. Lot Area (including adjacent areas zoned NE1 and located on the same lot - min.)
                                                                               40 hectares

23b.3.3. Lot Frontage (including areas zoned NE1 and located on the same lot) min.          45 metres

23b.3.4.               Front Yard Depth (minimum)50 metres

23b.3.5.                 Side Yard Depth (minimum)15 metres

23b.3.6.                Rear Yard Depth (minimum)15 metres

23b.3.7.                   Lot Coverage (maximum)20 percent

23b.4.     Building Regulations

23b.4.1. Building Height (minimum):10 metres.

23b.5.     Regulations For Accessory Residential Uses

23b.5.1. Minimum floor area per dwelling unit - fully detached residence:              84.0 square metres.

23b.6.     Separation Distance (Non-Agricultural)

Notwithstanding any other provision of this by-law to the contrary, no residential, institutional, commercial, industrial or recreational building or structure, located on a separate lot shall be established unless it complies with the Minimum Distance Separation (MDS) Formulae.  (Amended by By-law 22-2007).

23b.7.     Special Provisions

23b.7.1. Planting Strips

A treed buffer shall be required around the perimeter of the area zoned C4. This buffer shall comply with the provisions of Section 3.24 subject to an ultimate height of 3 metres.

23b.7.2. Ministry of Environment Approvals

The use shall only be permitted following the receipt of all required Ministry of Environment approvals. (As amended by By-law 16-1991)