3646 To amend Zoning By-Law Number 3295, as amendedTHE CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NUMBER 3646
A By-Law to amend Zoning By-Law Number 3295, as amended.
WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg
deems it advisable to amend By-Law Number 3295, as amended.
THEREFORE, the Municipal Council of the Corporation of the Town of
Tillsonburg, enacts as follows:
1. That Section 1.2 to By-Law Number 3295, is hereby amended by deleting
Section 1.2 and replacing it with the following:
"1.2 ADMINISTRATION
This By-Law shall be administered and enforced by such person or
persons as shall be appointed from time to time by by-law of the
Corporation as "Chief Building Official"."
2. That Section 1.3 to By-Law Number 3295, is hereby amended by deleting
Section 1.3 and replacing it with the following:
"1.3 INSPECTION
The Chief Building Official / Building Inspector or an officer or employee of
the Corporation acting under the direction of Council may enter upon any
property or premises at any reasonable time for the purpose of
administering or enforcing this By-Law."
3. That Section 2.6 to By-Law Number 3295, is hereby amended by deleting
the reference to By-law Number "3289" and replacing it with "3295".
4. That Section 2 to By-Law Number 3295, is hereby amended by adding the
following Section:
"2.7 FIGURES AND APPENDICES
Unless otherwise noted, figures, appendices and illustrations included in
this By-Law are for interpretation purposes only and do not form part of
the Town of Tillsonburg Zoning By-Law Number 3295."
5. That Section 4 to By-Law Number 3295, is hereby amended by deleting
Section 4.3.
6. That Section 4 to By-law Number 3295, is hereby amended by deleting
Section 4.186.
The Corporation of the
Town of Tillsonburg
By-law Number 1646____________________________________________
7. That Section 4.9 to By-law Number 3295, is hereby amended by deleting
Section 4.9 and replacing it with the following:
"4.9 "ASSEMBLY HALL", means a building or part of a building in which
facilities are provided for such purposes as meetings for civic, educational,
political, or social purposes and shall include a banquet hall and private
club."
8. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4.4 through 4.27 to 4.3 through 4.26.
9. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4.28 through 4.108 to 4.29 through 4.109.
10. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.27 "BY-LAW ENFORCEMENT OFFICER", means a person or persons
appointed by the Council of the Corporation and who is charged with the
duties of enforcing the provisions of the Zoning By-Law and Town By-
Laws."
11. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.28 "CARGO CONTAINER", means an industrial, standardized
reusable vessel that was:
a) originally, specifically or formerly designed for or used in the
packing, shipping, movement or transportation of freight, articles,
goods or commodities; and/or
b) designed for or capable of being mounted or moved on a rail car;
and/or
c) designed for or capable of being mounted on a chassis or bogie for
movement by truck-trailer or loaded on a ship.
12. That Section 4.51 to By-Law Number 3295, amended by deleting Section
4.51 and replacing it with the following:
"4.51 "DECK", means an unenclosed, uncovered platform structure which
exceeds an average height of 0.6 m (2 ft) above grade level, projecting
from a building or freestanding, which is used as a private amenity area.
A deck is not to be included when calculating lot coverage"
13. That Section 4.60 to By-Law Number 3295, amended by deleting Section
4.60 and replacing it with the following:
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
"4.60 "EATING ESTABISHMENT", means a building or part thereof, used
for the preparation and/or serving of food or refreshments to the public,
with the serving and consumption of food taking place within the building
or off of the premises. Where specifically permitted by this By-Law, an
eating establishment may include a terrace or patio or other open areas
adjacent to the building where the serving and consumption of food and
refreshments may take place on a temporary or seasonal basis as well as
a drive-through window. An eating establishment shall not include mobile
food vending."
14. That Section 4.70 to By-Law Number 3295, is hereby amended by adding
the phrase "front yard' after the phrase "See "Yard"".
15. That Section 4.102 to By-Law Number 3295, amended by deleting Section
4.102 and replacing it with the following:
16. "4.102 "LOT COVERAGE", means that percentage of the lot area covered
by the horizontal projections of the area of all buildings, but excluding the
area covered by balconies, canopies, decks and overhanging eaves which
are 2.0 m (6.56 ft) or more in height above finished grade"
17. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4.110 through 4.112 to 4.111 through 4.113.
18. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.110 "MOBILE FOOD VENDING", means the sales of refreshment for
consumption by the public that are conducted from a vehicle, cart, or other
structure which has not been assessed as commercial and includes but is
not limited to: catering vehicles, chip wagons, hot dog carts, sausage carts
and ice-cream vendors, including vehicles from which pre-prepared, pre-
packaged refreshments or prepared in the vehicle, or from a vehicle that
transports prepared refreshments, to be sold for consumption by the
public, but does not include self serve vending machines".
19. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4 114 through 4.137 to 4.115 through 4.138.
20. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.114 "MOBILE VENDING UNIT", means any motorized or non-motorized
vehicle, trailer, kiosk, pushcart, stand, display, blanket, tent, ground
covering or other device designed to be portable and not permanently
attached to the ground from which any goods, wares, or merchandise
other than food are peddled, vended, sold, served, displayed, offered for
sale or given away. This includes any display consisting solely of the
The Corporation of the
Town of Tillsonburg
By-law NumberJ|646____________________________________________
goods, wares or merchandise being peddled, sold, served, displayed or
offered for sale.
21. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4.139 through 4.164 to 4.140 through 4.165.
22. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.139 "PERGOLA", means an arbor formed of horizontal trelliswork
supported on columns or posts, over which vines or other plants are
trained. For the purposes of this Zoning By-Law, pergolas are included in
the calculation of lot coverage"
23. That Section 4.150 to By-law Number 3295, is hereby deleted and
replaced by the following:
4.150 "RECREATIONAL VEHICLE" means any vehicle used for
recreational purposes such as motor homes, camping trailers, boats,
snowmobiles, or any unit designed to be towed by a motor vehicle
for the purpose of transporting materials or things".
24. That Section 4 to By-Law Number 3295, is hereby amended by
renumbering Sections 4.166 through 4.189 to 4.167 through 4.190.
25. That Section 4 to By-Law Number 3295, is hereby amended by adding the
following Section:
"4.166 "SIGHT TRIANGLE", means the triangular space formed by the
intersecting street lines of a corner lot and a line drawn from a point on
one (1) of the said street lines to a point on the other said street line, each
said point being measured a specific distance from the point of
intersection of the said street lines"
26. That Section 6.2 to Zoning By-Law Number 3295 is hereby amended by
adding the following:
"6.2.2 CORNER LOT FLEXIBILITY FOR SINGLE DETACHED
DWELLINGS
In the required rear yard within the R1 or R1A Zone, an attached garage
of a single detached dwelling may be permitted, provided that it is located
no closer than 1.5 m (4.9 ft) to the rear lot line"
27. That Table 6.2: Zone Provisions, to By-Law Number 3295, is hereby
amended by deleting Table 6.2 and replacing it with the following:
The Corporation of the
Town of Tillsonburg
By-law Number 3646
.:•. ' . '.'..-• : .; : ,,''.. .; ;. . ''.;;./;.;;; ;,;;.;:- ../;;;;.;. :;:::;^ ^K-^ - - •••- : ••• • '. '.
:'.'• Zone PfOViSiOtl ;;;: ;.: :; ;;
Number of Dwellings Per
Lot, Maximum
Lot Area, Minimum
Lot Frontage, Minimum
Lot Depth, Minimum
Front Yard, Minimum Depth
and
Exterior Side Yard,
Minimum Width
Rear Yard, Minimum Depth
Interior Side Yard, Minimum
Width
Setback, Minimum Distance
from the Centre line of an
Arterial Road, as designated
on Schedule "B" of this By-
Law
Lot Coverage, Maximum
Landscaped Open Space,
Minimum
Gross Floor Area, Minimum
Height of Dwelling,
Maximum
^.^^
;:;;:^;:;^:;^
One
480 m2 (5,166.8 ft2) or 608
m2 (6,544.7 ft2) in the case
of a corner lot
15 m (49.2 ft) or 19 m
(62.3ft) in the case of a
corner lot
32m (105 ft)
7.5 m (24.6 ft)
12m (39.3 ft)
3 m (9.8 ft) on one side and
1.2 m (3.9 ft) on the narrow
side, provided that where a
garage or carport is attached
to or is within the main
building, or the lot is a cornerlot, the minimum width shall
be 1.2m (3.9 ft).
20.5 m (67.3 ft)
33% of the lot area
30% of the lot area
93m2 (1,001.1 ft2)
10.5m (34.4 ft)
;;;.;^ '...
>:l:^f^
One
375 m2 (4,036.6 ft2) or 480
m2 (5,166.8 ft2) in the case
of a corner lot
12.5 m (41 ft) or 16 m
(52.5 ft) in the case of a
corner lot
30 m (98.4 ft)
7.5 m (24.6 ft) for an
existing lot
6 m (19.7 ft) for a lot
created after the passing of
this By-Law, except where
the front or exterior yard
abuts an arterial road, in
which case the minimum
front or exterior side yard
abutting such road shall be
7.5 m (24.6 ft).
10.5m (34.4 ft)
3 m (9.8 ft) on one side and
1.2 m (3.9 ft) on the narrow
side, provided that where a
garage or carport is
attached to or is within the
main building, or the lot is a
corner lot, the minimum
width shall be 1.2m (3. 9 ft).
20.5m (67.3 ft)
35% of lot area
30% of the lot area
93m2 (1,001.1 ft2)
10.5m (34.4 ft)
The Corporation of the
Town of Tillsonburg
By-law Number 3646
• :: . ... i'''']'^ -I-'- ,••• ••• .
Zone Provislpii
Parking, accessory uses,
permitted encroachments
and other general
provisions
^;;V';;-^^
'|if:/:4:f^
In accordance with the
provisions of Section 5
;:>;;:^^^ ' ' - .
;Ii;::l '- '-. •'
In accordance with the
provisions of Section 5
28. That Table 7.2: Zone Provisions, to By-Law Number 3295, is hereby
amended by deleting Table 7.2 and replacing it with the following:
'
Zone Provision Single Detached
;::v:;^^
Sem i -detac hed;f:;|f^
Duplex Dwelling,lf!^^Dwelling or Public
Number of
Dwellings or
Dwelling Units Per
Lot, Maximum
1 dwelling 2 dwelling units 2 dwelling units
Lot Area, Minimum 31 5m2 (3,390.7 ft2)
or 450 m2
(4,843.9 ft2) in the
case of a corner lot
315 m2 (3,390.7
ft2) per unit or
450m2
(4,843.9 ft2) in the
case of a corner
lot
620 m2 (6,673.6 ft2)
Lot Frontage,
Minimum 10.5 m (34.4 ft) or
15m (49.2 ft) in the
case of a comer lot
10.5 m
per unit
(49.2 ft)
case of
lot
(34.4 ft)
or 15 m
in the
a comer
18m (59.1 ft)
Lot Depth,
Minimum
30 rn (98.4 ft)
Front Yard,
Minimum Depth
Exterior Side Yard,
Minimum Width
7.5 m (24.6 ft) for an existing lot
6 m (19.7 ft) for a lot created after the passing of this By-Law, except
where the front or exterior yard abuts an arterial road, in which case the
minimum front or exterior side yard abutting such road shall be 7.5 m
(24.6 ft).
Rear Yard,Minimum Depth 7.5 m (24.6 ft)
The Corporation of the
Town of Tillsonburg
By-law Number 3646
' x;;; ; .- - • . ; f ABLB 7^ = >. ^ --c .'b =;•.. s':;: '•'. • • .'• <. •
Zone Provision
Interior Side Yard,
Minimum Width
Setback, Minimum
distance from the
centre line of an
Arterial Road as
designated on
Schedule "B" of this
By-Law
Lot Coverage,
Maximum
Landscaped Open
Space, Minimum
Gross Floor Area,
Minimum
Height of Building,
Maximum
Parking, accessory
uses, permitted
encroachments
and other general
provisions
Single Detached
;::VV:;; ^"^
3 m (9.8 ft) on one
side and 1.2 m (3.9
ft) on the narrow
side provided that
where a garage or
carport is attached to
or is within the main
building or the lot is a
comer lot, the
minimum width shall
be 1.2m (3. 9 ft).
20.5m (67.3 ft)
Semi-detached^^^^iiliii^:M
3 m (9.8 ft) for the
side not attached to
the other dwelling,
provided that where
a garage or carport is
attached to or is
within the main
building, the
minimum width shall
be 1.2m (3.9 ft).
Duplex Dwelling,
:^
Dwelling or PublicI5.S^
3 m (9.8 ft) on one
side and 1.2 m (3.9 ft)
on the narrow side,
provided that where a
garage or carport, is
attached to or is within
the main building, or
the lot is a corner lot,
the minimum width
shall be 1.2m (3.9 ft).
40% of the lot area
30% of the lot area
83 m2 (893.4 ft2)
10.5m (34.4 ft)
75 m2 (807.3 ft2) for
each dwelling unit
65 m2 (699.7 ft2) for
each dwelling unit
In accordance with the provisions of Section 5
29. That Section 13 to By-Law Number 3295, is hereby amended adding the
term "a department store" to the list of permitted uses in Table 13.1.
30. That Section to By-law Number 3295, is hereby amended by deleting
Section 5.0 and replacing it with the following:
5.1 ACCESSORY USES, BUILDINGS, STRUCTURES
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.1.1
5.1.1.1
5.1.1.2
5.1.1.3
5.1.1.4
ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED
Where this By-Law provides that a lot may be used or a building or
structure may be erected or used for a particular purpose, that
purpose shall include any accessory building or structure or
accessory use, provided that:
it is not to be used for any occupation for gain or profit, except as
permitted in this By-Law;
the principal use, building or structure is specifically permitted by
this By-Law and is already established on the same lot]
it is not to be used for human habitation except as specifically
permitted in this By-Law; and
it complies with the provisions set out in Table 5.1.1.4 below,
except where it is specifically regulated elsewhere in the By-Law:
TAiLi^^
PROVlSiOli
Permitted Location
Distance from Main
Buildings, Minimum
Height, Maximum
Rear Yard and Interior
Side Yard Setback,
Minimum
Front Yard or Exterior
Side Yard Setback,
Minimum
Setback from a street
line, minimum
Lot Coverage,maximum for all
accessory buildings
and structures
•;':ftssi^
\;El?i^
Interior Side Yard or Rear Yard
1.2m (3. 9 ft)
3.7m (12.1 ft)
1.2m (3. 9 ft)
In accordance with the
applicable zone provisions.
In accordance with applicable
zone provision
A combined total of 10% of lot
area, to a maximum of 50 m2(538.2 ft2) of ground floor area.
"^^^^Bf^e^i^^ " • : : ; ... . ' '
In accordance with the
yard and setback
provisions of the zone in
which such building or
structure is located.
3 m (9.84 ft)
6m (19.6ft)
In accordance with
applicable zone provisions
In accordance with
applicable zone provision
In accordance with
applicable zone provision
In accordance with
applicable zone provision
The Corporation of the
Town of Tillsonburg
By-law Number J346__________________________________________
5.1.1.4.1 Notwithstanding any provision of Table 5.1.1.4 to the contrary, the
following provisions shall also apply:
i) where a residential or entrepreneurial zoned lot does not
contain an attached private garage, one (1) detached private
garage may be erected on the lot, provided it does not
exceed 4.5 m (14.8 ft) in height and complies with all the
other provisions of Table 5.1.1.4.
ii) a carport may be erected on a lot in a residential or
entrepreneurial zone only where it is built over a driveway, is
located in an interior side yard, does not exceed a length of
7.5 m (24.6 ft:) and complies with all the other provisions of
Table 5.1.1.4
Hi) on a residentially or entrepreneurial zoned lot, one (1)
accessory building, not exceeding 10.0 m2 (107.6 ft2) in
gross floor area, may be excluded from the calculation of
total lot coverage.
iv) accessory buildings or structures, not exceeding 2.5 m
(8.2 ft) in height, may be located within a required exterior
side yard provided that a minimum exterior side yard
setback of 3 m (9.8 ft) is maintained and such exterior side
yard is enclosed by a privacy fence or planting strip with a
minimum height of 1.5 m (6 ft).
v) where an existing residentially or entrepreneurial zoned lot
exceeds 1,500 m (16,146.4 ft2) in lot area, the maximum lot
coverage for all accessory buildings and structures shall not
exceed 100 m2 (1,076.4 ft2) of ground floor area and no
accessory building or structure shall exceed 4.5 m (14.8 ft)
in height.
vi) covered and uncovered decks, patios, porches/verandas
and other similar structures shall only be permitted in
accordance with the provisions of Section 5.35.1.2.
5.1.2 EXCEPTIONS
The following accessory uses are not subject to the provisions of
Section 5.1.1.4, provided that they are in accordance with the
provisions noted in Table 5.1.2:
:. .... : ' . ; ' :•. . ; > ; •••^Kv: >:.: : "^ v^^;^^f ;••::. ; .i;,:-.:^ ;;?- ^-^. ^^:^^^^^:, • - ^::^^xW^^-.f-'^'^^'.. : :-.;,v' ; . :. i:v' ; ; : : V >. • ' f .:;,;> ' : •; • , : '" : v::-;::' •' \':':'^:v.-rv;:.:;;';^
\::^-^;Y^i^^i^^^^SS^^^^M Illl
The Corporation of the
Town of Tillsonburg
By-law Number 3646
TABLE 5.1.2 -ACCESSORY USE EXCEPTIONS AND RELATED PROVISIONS
Structures Specific Provisions
clothes poles, flag poles and
basketball standards;
garden trellises;
ornamental fountains, statues,
cenotaphs, monuments and
memorials;
planters, benches and picnic tables;
retaining walls, sidewalks,
pavements, and curbs; and
other similar accessory uses._____
None
- patios, concrete pads, walkways
and other similar structures
comprising part of an outdoor
amenity area and not exceeding
0.3 m (1 ft) in height_______
Shall not alter any drainage swale required by an approved
lot grading plan.
- Fences and similar structures
In accordance with the Town's Fencing By-Law and any
other special provisions that are specifically noted in this
____________By-Law;______________
- Attached and freestanding signs In accordance with the Town's Sign By-Law, unless
otherwise specifically noted in this By-Law
an unenclosed, outdoor private
swimming pool or hot tub,
accessory to a residential use
a) Shall only be permitted in an interior side yard or rear
yard, with a minimum 1.2 m (3.9 ft) setback from a side
lot line or rear lot line or in an exterior side yard with a
minimum 3 m (9.8 ft) setback from the street line]
b) An above ground private pool shall not exceed 1.6 m
(5.25 ft) in height above finished grade, measured to
the top of the pool wall;
c) Any deck associated with an above ground private
swimming pool or hot tub, shall be in accordance with
the provisions for decks in Table 5.35.1.
d) Such private swimming pool or hot tub shall not be
included in lot coverage calculations;__________
5.1.3 GARAGE AND YARD SALES
Where this By-Law provides that a lot may be used for a
dwelling(s), the permitted accessory uses to such dwelling(s) shall
include a garage sale or yard sale provided that:
a) A maximum of two (2) garage or yard sales may be
conducted per calendar year;
b) A garage or yard sale may be up to a maximum of three (3)
days in duration, provided that such sale is held on
consecutive days;
c) Any signs shall be in accordance with the Town's Sign By-
Law; and
d) Such sales may only be conducted during daylight hours.
5.2 CARGO CONTAINERS
Where a cargo container is used for the purpose of storage accessory to a
principal use, the following provisions shall apply:
The Corporation of the
Town of Tillsonburg
By-law Number 3646
a) a cargo container may only be permitted in an Industrial Zone;
b) a cargo container may only be located in the rear yard and must
comply with the rear yard depth provisions of the zone in which the
said cargo container's located;
c) other than the rear yard depth requirement as set out in subsection
above, the placement of a cargo container shall comply with Table
5.1.1.4 - Regulations for Accessory Buildings and Structures.
5.3 CONTROL OF ANIMALS AND BIRDS
Where an Animal Control By-Law has been passed by the Town, the
prohibition or regulation of the keeping of animals, birds or reptiles within
any Zone shall be controlled by such By-Law.
5.4 DWELLING UNITS BELOW GRADE
No dwelling unit shall in its entirety be located in a cellar. If any portion of
a dwelling unit is located in a cellar, such portion of the dwelling unit shall
be used as a furnace room, laundry room, storage room, recreation room,
or for a similar use only and shall not be used for sleeping
accommodation.
However, a dwelling unit, in its entirety may be located in a basement
provided the finished floor level of such basement is not below the level of
the sanitary or storm sewer serving the building or structure in which such
basement is located and provided further, that the floor level of such
basement is not more than 1.2 m (3.9ft) below the adjacent finished
grade.
5.5 EROSION HAZARD AREAS
5.5.1 DEFINITION OF EROSION HAZARD AREAS
Erosion hazard areas shall correspond to the fill regulated areas
established by the Long Point Region Conservation Authority, as
indicated on Schedule "A" of this By-Law.
5.5.2 PERMITTED USES
All of the uses of the underlying zone may be permitted within an
erosion hazard area, subject to complying with the provisions of a
geotechnical study, undertaken by the applicant pursuant to
Section 3.2.8.2.1 of the County of Oxford Official Plan. Existing
buildings and structures shall be recognized as permitted uses
The Corporation of the
Town of Tillsonburg
By-law Number 3646
within an erosion hazard area, provided that any expansion or
change of use of such buildings and structures shall also be subject
to compliance with the provisions of a geotechnical study as
indicated above.
Notwithstanding the uses permitted above, new institutional uses,
emergency services and the disposal, manufacture, treatment or
storage of hazardous substances, including manure, shall be
prohibited within an erosion hazard area.
5.5.3 ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to
apply within erosion hazard areas, unless new provisions are
recommended by the geotechnical study. Where new provisions
are recommended by a geotechnical study, a Zoning By-Law
amendment shall be required to incorporate such provisions into
this By-Law.
5.6 ESTABLISHED BUILDING LINE
Notwithstanding any provisions of this By-Law to the contrary, where a
single detached, semi-detached or duplex dwelling or an accessory use
thereto is to be erected in a built up area and there is an established
building line, such dwelling or accessory use may be erected closer to the
street line or the centre line of the street, as the case may be, than
required by this By-Law, provided such dwelling or accessory use is not
erected closer to the street line or to the centre line of the street, as the
case may be, than the established building line on the date of passing of
this By-Law. In no event shall any building or structure be erected closer
than 3 m (9.8 ft) to the front lot line.
5.7 EXCEPTIONS FOR EXISTING LOTS
Where a lot having a lot area, lot depth, and/or lot frontage of not more
than 20% less than that required by this By-Law is held under distinct and
separate ownership from abutting lots as shown by a registered
conveyance in the records of the Registry or Land Titles Office at the date
of the passing of this By-Law, or where such a lot is created as a result of
an expropriation, such smaller lot may be used and a building or structure
may be erected, altered or used on such smaller lot, provided that all other
requirements of this By-Law are complied with.
Where a plan of subdivision has obtained draft plan approval prior to the
date of passing of this By-Law, such subdivision may proceed to final
approval and registration notwithstanding that the lots contained therein
may have a lot area, lot depth and/or lot frontage which are less than
The Corporation of the
Town of Tillsonburg
By-law Number 3646
required by the By-Law. Upon registration of the subdivision the lots shall
be considered as existing lots for the purposes of applying the provisions
of this section.
5.8 FLOOD AND FILL AREAS
5.8.1 EXTENT OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Flood Plain and Fill Regulated Area apply to lands within the
Regulatory Flood Plain and Fill Regulated Area established by the
Long Point Region Conservation Authority. Where the
Conservation Authority has not established flood lines, proponents
may be required to complete such mapping to the satisfaction of
the Conservation Authority, prior to development. The Zoning
Officer shall notify the Conservation authority of development plans
within the Regulated Area to determine whether such flood plain
mapping is required and to obtain written confirmation from the
Conservation Authority that the proposed development complies
with all applicable regulations.
Until Significant Valleylands have been defined through study, they
will be defined as the lands associated with the Regulatory Flood
Plain or Fill Regulated Area established by the Conservation
Authority.
5.8.2 IDENTIFICATION OF THE FLOOD PLAIN AND FILL REGULATED AREA
The Regulatory Flood Line is shown by a dotted line indicating the
area subject to flood regulations on Schedule "A" of this By-Law. A
dashed bracket on Schedule "A" of this By-Law shows the limits of
the Fill Regulated Area.
5.8.3 PERMITTED USES WITHIN THE REGULATORY FLOOD PLAIN
Only the following uses are permitted within the area of the
Regulatory Flood Plain, provided that they are also permitted in the
underlying zone:
• flood control works;
• a park]
• a public use in accordance with the provisions of Section
5.25 of this By-Law;
• a sand or gravel pit]
• a stone quarry;
• a conservation project]
The Corporation of the
Town of Tillsonburg
By-law Number 3646
except that no buildings or structures shall be permitted unless
accessory to flood control works or a conservation project. All other
uses not explicitly listed above, shall be prohibited within the area
of the Regulatory Flood Line.
5.8.3.1 FILL REGULATED AREA
All uses of the underlying zone are permitted within the Fill
Regulated Area, except that no buildings, structures or site
alteration are permitted without a permit from the Conservation
Authority with jurisdiction.
5.8.4 PERMITTED USES IN SIGNIFICANT VALLEYLANDS
All uses of the underlying zone are permitted within and adjacent to
Significant Valleylands subject to the provisions of an
Environmental Impact Study required by Sections 3.2.6 and 3.2.11
of the County of Oxford Official Plan. For the purposes of this
provision, adjacent lands shall be defined as those lands located
within 50,0 m (164 ft) of a Significant Valleyland. Notwithstanding
this provision, an Environmental Impact Study will not be required if
an exemption is granted under Section 3.2.6 of the County of
Oxford Official Plan.
5.8.5 ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to
apply within the Flood Line and Regulated Area Limit, unless an
Environmental Impact Study recommends new provisions. Where
new provisions are recommended by an Environmental Impact
Study, a Zoning By-Law amendment shall be required to
incorporate such provisions into this By-Law.
5.9 GARDEN SUITES
5.9.1 ESTABLISHING A GARDEN SUITE
A garden suite may be located on a lot in a Residential Zone through
the passage of a Temporary Use By-law.
5.9.2 CONDITIONS TO BE SATISFIED
A Temporary Use By-law as stated in subsection 5.9.1 shall only be
granted where the proposed garden suite complies with the following
conditions and zone provisions:
i) only one (1) garden suite is permitted on a lot;
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
ii) the garden suite complies with Section 5.15 - Adequate
Municipal Services;
iii) the garden suite must be sited on the same lot as the main
residential building and the owner of the lot must live on the
property;
iv) the garden suite may only be located in the rear yard of the /of;
v) the garden suite must comply with the regulations for accessory
buildings set out in Table 5.1.1.4 - Regulations for Accessory
Buildings and Structures for Residential Zones; and
vi) an agreement is entered into with the Corporation and
registered on title specifying the period of temporary occupancy
by any persons named, requirements for the removal of the
garden suite, building design details, drainage and servicing
works and monetary or other forms of security which may be
required.
5.9.3 ACCESSORY BUILDING LOT COVERAGE FOR A GARDEN SUITE
Where a garden suite is permitted in a Residential Zone pursuant to
subsection 5.9.2, the accessory building lot coverage established in
Table 5.1.1.4 may be exceeded by the ground floor area of the garden
suite provided that the total lot coverage provision of the applicable
Residential Zone is not exceeded.
5.10 GREATER RESTRICTIONS
This By-Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a governmental authority having jurisdiction to make
such restrictions.
5.11 GROUNDWATER RECHARGE AREAS
5.11.1 DEFINITION OF THE GROUNDWATER RECHARGE AREA
The Groundwater Recharge Area includes the area shown on
Schedule "D" of this By-Law.
5.11.2 PERMITTED USES
All uses existing at the date of passing of this By-Law shall be
permitted uses within the Groundwater Recharge Area. All uses
permitted within the underlying zone shall be permitted within the
Groundwater Recharge Area, with the exception of those listed in
The Corporation of the
Town of Tillsonburg
By-law Number 3646____________________________________________
Section 5.11.3 of this By-Law.
5.11.3 RESTRICTED USES
Where the following uses are permitted in an underlying zone, a
Disclosure Report and/or a Contingency Plan must be prepared in
accordance with Section 3.2.7.2 of the County of Oxford Official
Plan prior to the issuance of a building permit:
• a landfill site]
• a lagoon or other putrescible waste disposal facility;
• an asphalt or concrete batching plant]
• an industrial or commercial use involving the storage or
processing of chemical and/or petroleum products;
• a public garage]
• an automobile service station]
• a vehicle maintenance yard;
• a fuel storage tank or supply yard;
• a salvage yard.
5.11.4 SITE PLAN CONTROL
Prior to the issuance of a building permit for any of the uses listed
in Section 5.11.3 of this By-Law, the Council of the Town of
Tillsonburg shall pass a Site Plan Control By-Law applying to the
site, where such a By-Law is not already in effect, and require the
proponent to enter into a Site Plan Control Agreement.
5.11.5 ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to
apply within the Groundwater Recharge Area.
5.12 GROUP HOMES
5.12.1 WHERE PERMITTED
Notwithstanding any other provision of this By-Law to the contrary,
a Group Home is permitted to occupy the whole of an individual
dwelling unit, a single detached dwelling, a semi-detached dwelling,
a duplex dwelling, a multiple unit dwelling and a street fronting
townhouse dwelling, provided the total number of residents within
the building structure does not exceed eight (8). The dwelling must
have 20 m2 (216 ft2) of gross floor area per person residing within
the unit.
The Corporation of the
Town of Tillsonburg
By-law Number 3646______________
5.12.2 ZONE REQUIREMENTS
A Group home shall comply with the zone provisions for dwellings
permitted in the zone in which such use is located.
5.13 HOME OCCUPATION
5.13.1 WHERE PERMITTED
A home occupation is permitted, subject to complying with all
appropriate zoning provisions, in all zones permitting a residential
dwelling unit and shall be permitted within the residential dwelling
unit.
5.13.2 FLOOR AREA LIMIT
Not more than the cumulative total of 25 m2 (269.1ft2) of gross floor
area of the residential dwelling unit shall be used for the purposes
of the home occupation use.
5.13.3 STORAGE, DISPLAY AND SIGNAGE
There shall be no external storage of goods or materials and no
external display or advertising other than one (1) unlit sign with an
area of not more than 1 m2 (10.8 ft2), directly attached to the wall of
the residential dwelling unit.
5.13.4 ADVERTISEMENT
Media advertising of the home occupation shall be restricted to the
publishing of the home occupation and telephone number, but no
municipal address.
5.13.5 EMPLOYEES
There are no persons employed other than a member of the family
residing on the lot.
5.13.6 RETAIL SALES
Retail sale of items shall be prohibited, except for items made as
part of an approved home occupation.
5.13.7 REPAIR USES
Repair of goods shall be prohibited, except for household
appliances and electronic equipment as part of an approved home
occupation.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.13.8 BED AND BREAKFAST ESTABLISHMENT
A bed and breakfast establishment shall be considered a home
occupation where located in a single detached dwelling.
Notwithstanding the gross floor area limit for a home occupation in
Section 5.13.2, a bed and breakfast establishment shall be limited
to three (3) guest rooms.
5.13.9 HOME DAYCARE
A home daycare, located in a single detached dwelling, a semi-
detached dwelling, a duplex dwelling, a street fronting townhouse
dwelling or a converted dwelling with accommodation for up to and
including five (5) children, shall be considered a home occupation.
For the purpose of this subsection, the gross floor area limit for a
home occupation in Section 5.13.2 shall not apply to a home
daycare.
5.13.10 PARKING
Off-Street parking shall be provided in accordance with Section
5.24.
5.13.11 ZONE REQUIREMENTS
The home occupation shall comply with all other zone requirements
of the zone in which such home occupation is located.
The home occupation shall not include the shipping or receiving of
goods or materials by commercial motor vehicles greater than
4,000 kg (8,818,3 Ibs) gross vehicle weight.
Notwithstanding any provisions contained in this By-Law, no
accessory buildings or yards in a residential zone shall be used for
any home occupation.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.14 LOADING PROVISIONS
5.14.1 LOADING SPACES REQUIRED
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 and 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 in accordance with the rates set out in Table
5.14.1.
•.<. . . .;.;;;::;; ,TABL1/&;14^^^^^ ^v V! '..:''',.'*• •
Zone
Commercial,
Institutional,
Industrial, or
Open Space
Zone
'C- ';.';;,' :;;;:;'y;V.''::;ii
350-2,000 m2 (3,767.5-21,528.5 ft2)
2,001-6,500 m2 (21,539.3-69,967.7 ft2)
6,501-12,000 m2 (69,978.5-129,171.2 ft2)
Greater than 12,000 m2 (129,171.2 ft2)
|:^rJfj^^Loading Spaces
:f;;t^
1
2
3
4
5.14.2
Where more than one (1) primary building is located on a lot, the
loading space requirements indicated in Table 5.14.1 shall be
applied to each such building individually, with any required spaces
to be located immediately adjacent to the building for which they
are required.
STANDARDS FOR LOADING SPACES
All loading spaces must be rectangular and comply with the
provisions of Table 5.14.2 below:
TABLE' 6 ,M;2'^
•• :^ ' '- •' ' ••: :; /• ;D^!|::^
Length
Width
Vertical Clearance
Location
Sll^l^ ••••/
14 m (45.9 ft)
4m (13.1 ft)
4.5m (14.7 ft)
1.5 m (4.9 ft) from an interior side or rear lot line
and 15m(49.2ft)fromasfreef//fle. In
addition, no loading space shall be located in
any portion of a required yard abutting a
Residential, Future Development or
The Corporation of the
Town of Tillsonburg
By-law Number 3646
.TABLE 5.14.2 - LOADING SPACE SmNDARps V^> 'v s-f;v- ?::^M^&^^^ - '.!" : :. .
Design Provision
Access Driveway Width
Minimum Standard
Entrepreneurial Zone.
6m (19.7 ft)
5.14.3 REDUCED LOADING SPACE STANDARDS
Notwithstanding the minimum length and width standards in Table
5.14.2, where the combined gross floor area for all ases on a lot in
a commercial or institutional zone does not exceed 2,000 m2
(21,528.5 ft2), the minimum length and width for the required
loading space may be reduced to 9 m (29.5 ft) and 3.5 m (11.5 ft)
respectively.
5.14.4 LOADING SPACE CALCULATION
The gross floor area shall be used for the purposes of calculating
the requirement to provide loading spaces.
5.14.5 LOADING SPACE SURFACE
The driveway and loading spaces shall be constructed of asphalt,
concrete, portland cement binder, recycled asphalt, or a stable
surface of crushed stone or gravel which is maintained or treated
so as to prevent the raising of dust or loose particles, or in
accordance with the material identified in an approved site plan.
5.14.6 ADDITIONS TO BUILDING
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 gross floor area as it existed at such date is not
increased. If an addition is made to the building or structure that
increases the gross floor area, then additional loading spaces shall
be provided as required by Section 5.14.1 of the By-Law for such
addition.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
5.15 LOTS CONTAINING MORE THAN ONE USE
5.15.1 LOT AREA AND LOT FRONTAGE REQUIREMENTS
Where a lot contains more than one (1) use, which is not an
accessory use, the lot area requirement shall be the sum of the
requirements for each separate use. The lot frontage requirement
shall be the greatest of the lot frontage requirements for each
separate use in the zone where such lot is located.
5.16 LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one (1) zone, each such portion of
the lot shall be used in accordance with the provisions of this By-Law for
the zone where such portion of the lot is located. However, for the
purposes of determining minimum lot area and minimum lot frontage, the
entire lot shall be considered, with the exception of any areas covered by
an environmental protection overlay or located within a flood plain, as
identified on Schedule "A" of this By-Law.
5.17 MOBILE FOOD VENDING
A mobile food vending unit shall only be permitted in the Service
Commercial, Neighbourhood Commercial, and Industrial zones and shall
be subject to municipal licensing standards.
5.18 MOBILE VENDING UNIT
A mobile vending unit shall only be permitted in the Service Commercial,
Neighbourhood Commercial, and Major Institutional Zones, and shall be
subject to municipal licensing standards.
5.19 MUNICIPAL SERVICES
5.19.1 No land shall be used or built upon and no building or structure
shall be erected, used or expanded for any purpose unless the land
is serviced by municipal services (municipal water, sanitary sewers,
drainage systems and improved streets) which meet the municipal
standards in effect and have adequate capacity to service the use
or development.
5.19.2 Notwithstanding the foregoing, the following may be permitted
without full municipal services:
The Corporation of the
Town of Tillsonburg
By-law Number^646___________________________________________
5.19.2.1 Additions to existing residential dwellings and construction of
buildings and structures accessory to existing residential dwellings,
provided the said additions and/or accessory buildings comply will
all other provisions of the zone in which the dwelling is located and
do not require any other approval under the Planning Act, R.S.O.
1990 and that the addition has been reviewed and approved by the
Oxford County Board of Health.
5.19.2.2 Mobile food vending units shall not be required to connect to
municipal services.
5.20 NOISE AND VIBRATION
5.20.1 SEPARATION OF NOISE SENSITIVE LAND USES FROM INDUSTRIAL USES
Notwithstanding any provision within this By-Law to the contrary,
the development of a noise sensitive land use shall not be
permitted within the following minimum separation distances:
• 20 m (65 ft) from a Class I industrial facility on an industrially
zoned lot]
• 70 m (230 ft) from a Class II industrial facility on an
industrially zoned lot] or
« 300 m (984 ft) from a Class III industrial facility on an
industrially zoned lot or an existing rail yard;
• 300 m (984 ft) from an un-built lot in an industrial zone or a
future development zoned lot which is designated for
industrial purposes on Schedule T-1 of the County Official
Plan.
The above minimum separation distances shall also apply to the
development of Class I, II or III industrial facilities in proximity to
existing noise sensitive land uses located on lots in a Residential,
Institutional or OS2 zone.
5.20.2 MEASUREMENT OF SEPARATION DISTANCE
The minimum separation distance specified in Section 5.20.1 shall
be measured as the shortest distance between the lot line of the lot
containing the existing or proposed noise sensitive land use and
the lot line of the industrial or future development zoned lot.
5.20.3 EXCEPTIONS
The minimum separation distances in Section 5,20,1 shall not
prevent the construction of a dwelling, provided that:
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
• Such dwelling is located on an appropriately zoned lot in a
registered plan of subdivision, or an appropriately zoned lot
created through consent; or
• Such dwelling is located on an appropriately zoned lot of
record, which is not located within a registered plan of
subdivision, and is located no closer to any industrial use
identified in Section 5.20.1 than one (1) or more existing
noise sensitive land uses located on appropriately zoned
lots, provided that such uses are located between the lot to
contain the proposed dwelling and the identified industrial
use.
5.20.4 SETBACK ADJACENT TO A RAILWAY
Notwithstanding any other provisions of this By-law to the contrary,
where any lot line or portion thereof abuts a railway right-of-way,
the setback and other noise mitigation measures shall be
established with consultation from the owner of the Railway.
5.21 NON-CONFORMING USES, SITES AND BUILDINGS
5.21.1 CONTINUATION OF EXISTING USES
The provisions of this By-Law shall not 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 used for such purpose on
the date of passing of this By-Law, and provided that it continues to
be used for that purpose.
For the purpose of this By-Law, a barn used for housing livestock
shall be deemed to comply with this provision, provided that it
continues to be used to house the same type of livestock as it did
on the date of passing of the By-Law.
For the purposes of this By-Law, lawfully used will be restricted, for
the purposes of proof, to existing as of April 26th, 1977.
5.21.2 NON-CONFORMING BUILDING LOCATION
Notwithstanding any of provisions of this By-Law to the contrary,
any building or structure, which lawfully existed at the date of
passing of this By-Law, shall be deemed to comply with the
relevant provisions of this By-Law pertaining to setbacks from a
street line, yards and lot coverage, provided that no portion of any
such building or structure encroaches on any abutting road
allowance or lot. Extensions or additions to any such building or
structure shall still be subject to the provisions of Section 5.21.7.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.21.3 How NON-CONFORMING RIGHTS LOST
Non-conforming rights shall be considered to be extinguished in the
following situations:
(a) where a building or structure containing or otherwise used in
connection with a non-conforming use is more than 50%
accidentally damaged or demolished and is not repaired and
reoccupied within one (1) year;
(b) where the non-conforming use is discontinued for a period
exceeding six (6) months;
(c) in the case of a recreational vehicle in a Residential Zone
and such vehicle is in excess of 3.7 m (12.1 ft) in height,
where the non-conforming use is removed from the lot for a
period exceeding thirty (30) consecutive days;
(d) in the case of a recreational vehicle in a Residential Zone
that is stored in a manner that is non-conforming with
Section 5.34 of this Zoning By-law, where the said
recreational vehicle is removed from the lot for a period
exceeding thirty (30) consecutive days;where a non-
conforming use is changed without the permission of the
Town of Tillsonburg Committee of Adjustment, or where
applicable, a decision rendered by the Ontario Municipal
Board.
5.21.4 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 been approved, prior to the date
of passing of this By-Law by the Chief Building Official, 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 6
months after the date of passing of this By-Law.
5.21.5 STRENGTHENING OF NON-CONFORMING BUILDINGS
Nothing in this By-Law shall prevent the strengthening to a safe
condition any building or structure or part of any building or
structure which does not comply with the zone provisions provided
that the alteration or repair does not increase the height, size or
volume of the building or structure or change the use of the building
or structure.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
5.21.6 REPLACEMENT OF NON-CONFORMING BUILDINGS
Where a non-conforming building or structure is damaged or
demolished due to an accidental cause, or is in poor state of repair,
nothing in this By-Law shall prevent the replacement of the non-
conforming or non-complying building or structure provided that:
5.21.6.1 the building or structure is occupied by the same use or by a
permitted use]
5.21.6.2 the building or structure is located on or within the limits of the
foundation walls of the building or structure as they existed prior to
such destruction;
5.21.6.3 the height and gross floor area of such replacement does not
exceed the height and gross floor area of the building as it existed
prior to such destruction;
5.21.6.4 the building or structure does not encroach on a municipal road
allowance; and
5.21.6.5 the building or structure is replaced and reoccupied within one (1)
year of such destruction.
5.21.7 EXTENSIONS TO NON-CONFORMING BUILDINGS
Nothing in this By-Law shall prevent an extension or an addition
being made to a non-conforming use, building or structure provided
that:
5.21.7.1 the use, building or structure existed at the date of passing of this
By-Law but does not comply with one (1) or more of the zone
provisions of this By-Law; and
5.31.7.2 that such extension or addition does not contravene any of the
zone provisions of this By-Law.
5.21.7.3 Notwithstanding Section 5.21.7.2, for a residential use in any
residential zone or EC zone that such extension of addition does
not further contravene any of the zone provisions of this By-Law.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.21.8 NON-CONFORMITY DUE TO PUBLIC ACQUISITION
Where the area of a lot is reduced as a result of the public
acquisition of a part of a lot and where this acquisition causes any
building or structure existing on the lot to become non-conforming
relative to the zone provisions, then nothing in this By-Law shall
prevent the continued use of the building or structure provided that
no subsequent change is made to the lot which would increase the
extent of the non-conformity.
Where a vacant lot is reduced as a result of the public acquisition of
part of the lot such that the zone provisions relating to lot frontage,
lot depth, and/or lot area become non-conforming, then nothing in
this By-Law shall prevent the erection of a building provided that all
other zone provisions are complied with.
5.22 OUTDOOR DISPLAY AREAS
5.22.1 PERMITTED IN ALL COMMERCIAL ZONES
An outdoor display area is a permitted use in all commercial zone
categories, unless otherwise indicated by an approved site plan.
5.22.2 REGULATIONS
An outdoor display area is subject to the following additional
regulations:
a) it must not be located within any required parking area,
sidewalk or facility for pedestrian movement;
b) notwithstanding any required yard setbacks of the applicable
zone, an outdoor display area may project to within 1.2 m
(3.9 ft) of the lot line provided that it is outside of any corner
lot sight triangle',
c) notwithstanding any provision of the applicable zone, an
outdoor display area shall not be included in the calculation
of gross floor area or required parking spaces.
5.22.3 ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
Despite Section 5.22.2, an outdoor display area may be permitted
to encroach on an improved street only where it will not interfere
with pedestrian or vehicular traffic and only with the written
approval of the Corporation.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
5.23 OUTDOOR PATIOS
5.23.1 OUTDOOR PATIOS PERMITTED
An outdoor patio is permitted where it is operated as part of an
eating establishment, tavern, community complex, refreshment
room, institutional hall or golf course listed as a permitted use in the
applicable zone provisions.
5.23.2 LOCATION
An outdoor patio shall only be established in accordance with the
following criteria:
a) an outdoor patio is prohibited in a yard abutting a
Residential, Entrepreneurial or Institutional Zone;
b) an outdoor patio is prohibited within any yards abutting a
street if a Residential Zone or Entrepreneurial Zone is
located on the opposite side of the street] and
c) a terraced or rooftop patio is not permitted on any property
abutting a Residential Zone.
5.23.3 PARKING
The gross floor area of any outdoor patio shall be included for the
purposes of calculating required parking in accordance with Table
5.24.2.1.
5.23.4 ENCROACHMENT INTO REQUIRED YARDS
Despite any required yard setbacks of the applicable zone, an
outdoor patio may project to within 1.2 m (3.9 ft) of the lot line
provided that the criteria of Section 5.23.2 are complied with.
5.23.5 ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
An outdoor patio, in the Central Commercial (CC) zone, may be
permitted to encroach onto an improved street only where it will not
interfere with pedestrian or vehicular traffic and only where a valid
encroachment agreement has been entered into with the
Corporation and remains in good standing.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
5.24 PARKING PROVISIONS
5.24.1 GENERAL REQUIREMENTS FOR PARKING AREAS
5.24.1.1 OFF-STREET PARKING AREAS REQUIRED
Unless otherwise stated in this By-Law, motor vehicle parking
spaces must be provided on the same lot as the building to which
such parking is associated in accordance with the parking
standards set out in Section 5.24.2.
5.24.1.2 MORE THAN ONE USE PER LOT
In a building or structure in which more than one (1) use is located,
the total requirement for parking will be the sum of the requirements
applied to each separate use, unless otherwise expressly stated.
5.24.1.3 PARTS TO BE CONSIDERED AS REQUIRED SPACES
Where the application of the parking standards as set out in Section
5.24.2, results in part of a parking space being required, such part
will be considered as one (1) required space.
5.24.1.4 USE OF PARKING AREAS AND SPACES
5.24.1.4.1 All required parking spaces must be used exclusively for that
purpose and must not be used for any other purpose.
If one (1) or more required parking spaces are to be provided in an
attached or detached garage, each space shall have a minimum
width of 2.7 m (8.86ft) and minimum length of 6 m (19.7 ft) and
shall remain unobstructed at all times.
5.24.1.4.2 Where a parking area or space is permitted or required under this
By-Law, no person shall use such area or space, in any zone, for
parking any motor vehicle unless such vehicle is operative, used in
operations incidental to the permitted uses in respect of which such
parking area or space is provided, and bearing a motor vehicle
license plate which is currently valid.
5.24.1.4.3 COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL
ZONES
No person shall use any lot, building or structure in a Residential or
Entrepreneurial 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, and provided that said vehicle shall not
exceed 3.7 m (12.1 ft) in height (including any attached equipment),
measured from grade, and 7.0 m (23.0 ft) in overall length, and
The Corporation of the
Town of Tillsonburg
By-law Number 3646
shall have a single axel. No more than one (1) commercial vehicle
is permitted to be parked or stored in accordance with this Section.
No person shall use any lot, building or structure in a Residential
Zone or Entrepreneurial Zone for the parking or storage of any
tractor-trailer or part thereof. The provision of this subsection shall
not include commercial motor vehicles or tractor-trailers, which
temporarily attend at residential premises for the purpose of
delivery and/or service provided to the occupants of such
residential premises.
5.24.1.5
5.24.1.6
ACCESS TO PARKING SPACE
A parking space must have unobstructed access from a public
street or public lane by either a driveway or an aisle leading to a
driveway.
ALL RESIDENT I^L
20NIS
Permitted Location
Height, Maximum
Rear Yard
:|'V-:U;;;M^:-:^ :: ;" '
Any yard other than a front yard or exterior side yard.
1.2m (3.9 ft)
3.7m (12.1 ft)
1.2m (3.9 ft)
PARKING SPACE AND PARKING AISLE STANDARDS
Motor vehicle parking spaces and parking aisles shall comply with
the standards set out in Table 5.24.1.6 and be in accordance with
Schedule "C" of this By-Law.
.. •• ,:.;•;. :.v. -!^:^:^^^
^^s^l^^^^^: '• ;•• Parking Spaces ;f:;;
30 degree
45 degree
55 degree
60 degree
65 degree
70 degree
90 degree
-^':::vPerpendicular Width of
3.4m (11. 2 ft)
3.7m (12.1 ft)
4.3m (14.1 ft)
4.9m (16.1 ft)
5.2m (17. 1ft)
5.5m (18 ft)
7.3 m (24 ft)
Minimum DepthiiiiMMiiiP
4.6m (15.1 ft)
5.5m (18ft)
5.8m (19 ft)
5.8m (19 ft)
5.8m (19 ft)
5.8m (19 ft)
5.5m (18 ft)
Minimum Width of
|f|^
2.7 m (8.9 ft),
except for parking
spaces flanking a
wall, fence or other
obstruction, which
shall be 3m (9.8 ft)
The Corporation of the
Town of Tillsonburg
By-law Number 3646
parallel parking
angle other than
those listed
4 m (13.1 ft) for one way
traffic and 6m (19.7 ft)
for two way traffic
6.5m (21. 3 ft)
shall meet the requirements for the angle of
parking which is greater than the angle being
provided
5.24.1.7 DRIVEWAY STANDARDS
The following standards apply to driveways providing ingress and
egress to parking spaces:
5.24.1.7.1 Minimum Width One-Way Access
Where the access to a parking space is provided directly by a
driveway from a public street, the driveway must be at least 3 m
(9.8 ft) in width;
5.24.1.7.2 Width of Joint Access
Where a joint ingress and egress driveway is provided to a parking
aisle, the driveway width measured along the street line shall be at
least 6.7 m (22 ft) in width and no more than 9 m (29.5 ft) in width.
5.24.1.7.3 Maximum Driveway Width - Residential Zones
Within a residential zone, a maximum of 50% of either the area of
the front yard or lot frontage, or the area or width of the exterior
side yard, may be occupied by a driveway or parking area.
5.24.1.7.4 Number of Driveways Permitted
Every lot shall be limited to not more than two (2) driveways for the
first 30 m (98.4 ft) of frontage; and not more than one (1) additional
driveway for each additional 30 m (98.4 ft) of frontage.
5.24.1.7.5 Distance From Intersection
The minimum distance between a driveway and an intersection of
street lines is 7.5 m (24.6 ft).
5.24.1.8 PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a
street shall be maintained with a stable surface that is treated so as
to prevent the raising of dust or loose particles. They shall, before
being used, be constructed of crushed stone, slag, gravel, recycled
asphalt, crushed brick (or tile), cinders, asphalt or concrete, or a
material forming an approved site plan.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.24.1.9 ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to
any building in existence at the date of passing of this By-Law so
long as the floor area, as it existed at such date, is not increased,
and the building or structure is used for a purpose which does not
require more parking spaces according to Section 5.24.2 of this By-
Law than were required by its use at the date of passing of this By-
Law. If an addition or change of use is made to a building or
structure as it existed at the date of passing of this By-Law, then
additional parking spaces shall be provided to the number required
for such addition or change in use.
5.24.2 MOTOR VEHICLE PARKING STANDARDS
5.24.2.1 OFF-STREET PARKING REQUIRED
Off-street parking for motor vehicles must be provided as set out in
Table 5.24.2.1.
'• •;•;' :. •';• ••• -i::^ ^ T^ -; ;:.';'.'" -• •
Land Use
Category
Residential Uses
Business Uses
- single detached dwelling
- duplex dwelling
- semi-detached dwelling
- converted dwelling
- mobile home
- street fronting townhouse
dwelling
- home occupation, except a
bed and breakfast
establishement
- bed and breakfast
establishment
- boarding or lodging house
- garden suite
- residential unit in a portion of
a non-residential building
- multiple unit dwelling
- apartment dwelling
- commercial school
- financial institution
- laundromat
- personal service
establishment- retail store- service shop
- studio
- eating establishment
Number of Vehicle Parking
v ' = : :f • : :;; ;;^ ;:
- 2 per dwelling unit
-1
- 1 per guest room
- 1 per garden suite
-1.5 per dwelling unit
-1 per 20m2 (21 5.3 ff) of
gross floor area
- 1 per 9 m^ (96.9 ft"1) of gross
floor area
The Corporation of the
Town of Tillsonburg
By-law Number 3646
TABLE 5.24.2.1 - PARKING STANDARDS
Land UseCategory
Office Uses
Industrial Uses
Institutional Uses
Leisure and
recreation type
uses
- funeral home
- wholesale establishment
- hotel or motel
- business or professional
office
- government administrative
offices
- animal kennel
- medical centre
- veterinary clinic
- truck transport terminal
- warehouse
- all other industrial uses
- place of worship
- hospital
- elementary school
- secondary school
- nursing home
- group home
- museum
- library
- recreational or athletic facility
Number of Vehicle ParkingSpaces Required
- 20 for the first 50 m"
(538.2 ft2) of gross floor area
plus 1 for each additional
1.5 m2 (16.1 ft2) of gross floorarea used for a chapel or
public visitation area.
-1 per 90m" (968.8 ft") of
gross floor area
-1.2 per guest room
- 1 per 20 m" (215.3 ft") gross
floor area
- Minimum of 4 spaces or 6.0
per 100m2 (1,076 ft2) gross
floor area, whichever is
greater
-1 per 100m" (1,076.4 ft")
gross floor area
-1 per 185m" (1,991, 4 ft") of
gross floor area
-5 plus 1 per 90m" (968. 8 ft")
of gross floor area
- 1 for every 5 seats capacity,
or1 for each 10 m2 (107.6 ft2)
of gross floor area used for a
hall or auditorium, whichever
is greater.
- 1 per 3 beds or fraction
thereof
- 5, plus 1 per classroom, or 1
per 10 m2 (107.6 ft2) of gross
floor area in the gymnasium
or auditorium, whichever is
greater.
- 4 per classroom, or 1 per
10 m2 (1 07.6 ft2) of gross floor
area in the gymnasium or
auditorium, whichever is
greater.
- 1 per 3 beds or fraction
thereof
- 4 spaces
-1 per 20m" (2 15. 3 ft") of
gross floor area. Playing
areas for squash, tennis,
handball and badminton
courts are to be excluded for
the purposes of calculating
parking.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.24.2.2
5.24.2.3
TABlii 5.24^
Land UseCategory
Other Uses
- arena or community centre
- assembly hall
- fraternal lodge or
institu
tional
hall
- place of entertainment
- bowling alley
- curling facility
- All other uses permitted by
this By-Law other than those
listed in this table
Number of Vehicle Parking
: , : v • Spaces Req u ired ;'
-1 per 10 m^ (107.6 ft") of
gross floor area or 1 space for
every 4 seats whichever is
greater
- 4 per lane
- 4 per curling sheet
-1 per 40 nT (430.6 ft") of
gross floor area
ACCESSIBLE PARKING
Motor vehicle Parking spaces to be exclusively used for Accessible
Parking shall be provided as follows:
a) a minimum of 3.7 m (12.1 ft) wide and a minimum of 5.5 m
(18.Oft) in length;
b) the minimum number required as part of the total number of
parking spaces shall be as follows:
;?
0-5
6-10
11-20
21 plus
0
1
5 % of total required parking
spaces______________
c) be constructed at the same grade as the entry to the building
or entry to the access ramp or structure designed to facilitate
entry for those requiring accessible parking;
d) be located within close proximity to the building or access
ramp or structure] and
e) be clearly identified and reserved for the exclusive use of as
accessible parking spaces.
TANDEM PARKING
Where parking is provided for a dwelling unit in an individual
driveway, the required parking for that dwelling may be provided by
a tandem parking space.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.24.3
5.24.3.1
5.24.3.2
5.24.4
LOCATION OF PARKING AREAS
YARDS AND SETBACKS
Motor vehicle parking areas must be situated in accordance with
the requirements set out in Table 5.24.3.
TABLE 5.24.3 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
•• V .'."",.;-,;::'•"'::, ' V-: - " U 'V > :^vf.- '• :^. .^'K^^^^. ;:4-S./'.:'x.;:.': •''i:?'yv • - ': ^Xv -V^" •': >"* ,, ^'-:- •• >ov.-' .^ ? '•• : • : : :-^- '-•'. ' f". '^ • ' ''"': '. : : •' ' .'•" :T - ' "
^ '; • ';• :': \\-'fyoji&^
Single detached, duplex and 2
unit converted dwellings in all
Zones
Semi-detached dwellings or
street fronting townhouse
dwellings in any zone
RM and RH Zones and all
uses in an R3 zone, except for
a street fronting townhouse
dwelling.
Commercial, Institutional,
Industrial, Development, and
Open Space Zones
WS^^iKSi'i^i^j^i^i^jffii^
All yards
All yards
Interior side yard
Rear yard
AnyyBrd, except for a
required rear or
interior side yard
abutting a residential
or development zone
Setback of Parking F rom :
^iiii^^ill^-v
None
None
n/a
1 m
(3.3 ft)
'^sy^Wor ^slidiiife
-'^t^-yj
1.2m
(3.9 ft)
None
1.5m
(4.9 ft)
1.5m
(4.9 ft)
.::;::;RearLotLiiie
None
None
1.5m
(4.9 ft)
1.5m
(4.9 ft)
PARKING SPACE LOCATION ON OTHER LOT
Where the owner of a building or structure proposes to provide the
required parking spaces and areas at a location other than on the
same lot as the use that requires such spaces and areas, then such
spaces and areas shall be located not more than 75 m (246.1 ft)
from the said lot and shall be located within the same zone as the
said lot and held under identical ownership. A site plan agreement
shall be registered on the title of the lands used for off-site parking,
committing those spaces to the related use.
Queue Space Requirements
Where any of the uses permitted by this By-Law offer drive-through
service, off-street vehicle queue spaces leading to and from the
drive-through service must be provided in accordance with Table
5.24.4.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
t^^^
""; . ' . ':. Land Use '^. V;..;;:;;^;VY^-:;;:;;'::::
Automated Bank Machine situated on the
exterior of a building or free-standing
kiosk.
Automobile Service Station/Repair
Garage
Motor Vehicle Washing Establishment
Eating establishment
Convenience Retail or Service
Establishment
Required Number of Spaces
3 before each Automated Bank Machine
1 before each service bay
1 at service bay exit if a through-bay
3 before each wash bay
2 after each wash bay
10 before pick-up window
2 after pick-up window
2 before service window
5.24.4.1 All required queue spaces must be provided in accordance with the
following design standards:
a) The minimum dimensions for each queue space must be 2.7
m (8.87 ft) in width and 6 m (19.7 ft) in length;
b) Queue spaces must be arranged in a single waiting line in
advance and behind the drive through service window
offered in accordance with Table 5.24.4;
c) A minimum inside turning radius for queue spaces forming a
waiting line is 7 m (23 ft)
d) Queue spaces forming a waiting line must be unobstructed
by parking spaces or loading spaces and must be clearly
delineated by markings and barriers;
e) Queue spaces forming a waiting line or storage space from
the service offered cannot form part of a parking aisle
providing access to a parking space] and
f) Queue spaces shall not be located in a required yard
abutting a Residential Zone or Entrepreneurial Zone.
5.24.5 EXCEPTIONS - PARKING SPACE REQUIREMENTS
Notwithstanding the minimum parking requirement contained Table
5.24.2.1, within the CC zone, the following minimum parking
requirements shall apply:
a) No additional parking spaces shall be required for any
change of use within an existing building:
The Corporation of the
Town of Tillsonburg
By-law Number 3646
b) For uses located within a building or portion of a building
constructed after the date of passing of this By-Law, the
minimum parking requirements set out in Table 5.24.2.1
shall be applied at a rate of 50%, with the exception of a
residential use, a hotel or motel or a shopping centre which
shall be applied at the full rate.
5.25 PLANTING STRIPS
5.25.1 REQUIREMENTS FOR NON-RESIDENTIAL USES
5.25.1.1 Where a lot is used for any Non-Residential purpose and the
interior side or rear lot line abuts a residential use or undeveloped
land in a Residential Zone or Development Zone then a strip of land
adjoining such abutting lot line, or portion thereof, shall be used for
no other purpose than a planting strip in accordance with the
provision of this subsection.
5.25.1.2 Where such lot is in an Industrial Zone and the front, side or rear lot
line abuts a portion of a street, the opposite side of which portion of
the street abuts a residential use or undeveloped land in a
Residential Zone or Development Zone, then a strip of land
adjoining such abutting lot line, or portion thereof, shall be used for
no other purpose than a planting strip in accordance with the
provisions of this subsection.
5.25.2 WIDTH
Where a planting strip is required in any zone and consists of
landscaping or a landscaped earthen berm, the planting strip shall
have a minimum width of 3 m (9.8 ft). A planting strip consisting of
a wooden privacy fence shall have a minimum width of 1 m (3.3 ft).
5.25.3 CONTENTS
A planting strip shall be used for no other purpose than for a row of
trees, a continuous hedgerow of evergreens or shrubs, a berm, or a
wooden privacy fence, not less than 1.5 m (4.9 ft) high, immediately
adjacent to the lot line or portion thereof along which such planting
strip is required hereunder, arranged in such a way as to form a
dense or opaque screen; with the remainder of the strip used for
shrubs, flower beds or grass, ground cover or a combination
thereof.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.25.4 DRIVEWAYS AND WALKS
In all cases where the ingress and egress of a driveway and/or walk
extend through a planting strip, it shall be permissible to interrupt
the planting strip within 3 m (9.8 ft) of the edge of said driveway
and within 1.5 m (4.9 ft) of the edge of said walks.
5.25.5 LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any
landscaped open space required by this By-Law.
5.26 PROHIBITED USES
No person shall, within the Zoned Area, use any land or construct, alter or
use any building or structure for any of the following purposes:
• an arsenal;
• cement, lime or sulphur works;
• coke manufacture;
• distilling bones, blood boiling, bone boiling, tripe boiling or extracting
fish from oil;
• fat, grease, lard or tallow rendering or refining but not including the
manufacture of soap;
• incineration or reduction of dead animals or offal;
• kerosene refining;
• manufacturing or storing of explosives, ammunition or fireworks;
• a metal smelting use]
• open storage, except where specifically listed as a permitted use]
• petroleum refining;
• a rendering plant;
• a sand or gravel pit, other than a wayside sand or gravel pit]
• a tannery for the curing and storing of rawhide, skins, leather or hair;
• wool pulling or wool scouring;
• any trade, business or manufacture which is deemed to be an
offensive trade within the meaning of the Public Health Act, RSO,
1990.
5.27 PUBLIC USES
5.27.1 PUBLIC SERVICES
The provisions of this By-Law shall not apply to the use of any lot or
to the erection or use of any building or structure for the purpose of
providing public services:
The Corporation of the
Town of Tillsonburg
By-law Number 3646
i) by the Corporation or the County as defined by the Municipal
Act, RSO 1990, as amended;
ii) by any utility system operated by the Corporation or another
body on behalf of the Corporation which provides said utility
to the residents of the Corporation and possesses all the
necessary powers, rights, licenses and franchise;
iii) by any gas, oil or water pipeline, telephone line, cable
television line or any similar utility service line including any
substation, transformer, regulator, compressor or similar
utility service building or structure]
iv) by any Conservation Authority established by the
Government of Ontario;
vi) by any department of the Government of Ontario or Canada;
v) by any public utility or agency operating an electrical
distribution facility, but shall not include electrical or other
power generation;
vii) for any use permitted under The Railway Act or any other
statute of Ontario or Canada governing railway operations,
including tracks, spurs and other railway facilities provided
that where such /of, building or structure is located in any
zone.
5.27.2 No goods, material or equipment shall be stored in the open,
except as permitted in such zone;
Any height of building, yard, planting strips, parking, loading,
setback and lot coverage provisions of the zone within which the
use is located shall be complied with. In Residential Zones, the use
shall be enclosed in a building designed and maintained in a
manner that is generally compatible with residential buildings of the
same type permitted in such zone;
Notwithstanding the yard and setback provisions of this By-Law to
the contrary, for public water and sewage facilities in any zone, the
following provisions shall apply:
5.27.3 FRONT, REAR AND SIDE YARDS
Minimum Depth 1.2 m (3.9 ft)
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
5.27.4 STREETS AND INSTALLATIONS
Nothing in this By-Law shall prevent land to be used as a street or
prevent the installation of a watermain, sanitary sewer main, storm
sewer main, gas main, valve or meter, pipe line, lighting fixtures,
group mail boxes, bus shelters or overhead or underground hydro,
telephone or other supply line or communication line or tower
provided that the location of such main, line, tower or fixture has
been approved by the Corporation.
5.27.5 EXCEPTIONS
5.27.5.1 Where in this By-Law under the heading of "USES PERMITTED", a
use is specifically permitted in a zone, which use without such
reference thereto would be permitted in any zone pursuant to the
provisions of Section 5.27.1, then such use shall be deemed to be
permitted only within the zone or zones making such specific
reference thereto and the said Section 5.27.1 shall not apply to
such use.
5.27.5.2 Notwithstanding anything in this By-Law to the contrary, new
infrastructure or utilities will only be permitted within any Zones or
Environmental Overlay areas corresponding to the Open Space and
Environmental Protection Designations and Fish Habitat Protection
Areas in the County Official Plan, if they have been approved
through an environmental assessment process.
5.28 SALE OF FIREWORKS
The storage, sales, or display of fireworks shall be prohibited except in the
Central Commercial Zone or Service Commercial Zone, and shall be
subject to the Town of Tillsonburg "Fireworks By-law" 3510, as amended.
5.29 SIGHT TRIANGLES
On a comer lot within the triangular space formed by the street lines and a
line drawn from a point on one (1) street line to a point in the other street
line, each such point being 9 m (29.5 ft), measured along the street line
from the point of intersection of the street lines, no building, structure,
planting or vehicle shall be located in such a manner as to impede vision
between a height of 0.6 m (2 ft) and 3 m (9.8 ft) above the centre line
grade of the intersecting streets.
Where the two (2) street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street
lines.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.30 SIGNIFICANT ENVIRONMENTAL FEATURES
5.30.1 ENVIRONMENTAL PROTECTION 1 OVERLAY
The Environmental Protection 1 (EP1) Overlay shall apply to lands
containing the following Provincially Significant Environmental
Features which are identified in the County Official Plan:
Habitat of Endangered or Threatened Species
Provincially Significant Wetlands.
5.30.1.1 IDENTIFICATION OF THE OVERLAY
The EP1 Overlay corresponds to the features listed in Section
5.30.1 and is identified on Schedule "A" of this By-Law. Section 2.5
of this By-Law provides an explanation for the interpretation of
these overlay areas.
5.30.1.2 PERMITTED USES
Notwithstanding the provisions of the underlying zone, no
development or site alteration shall be permitted within an EP1
Overlay, except for a use which legally existed on the date of
passing of this By-Law, provided that no additional development or
site alteration shall be permitted, except as specified in Section
5.30.1.3; and
All other uses not listed above shall be prohibited within the area of
the EP1 Overlay.
5.30.1.3 EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of
passing of this By-Law may be replaced, rebuilt or altered, provided
that any such replacement, rebuilding or alteration thereto does not
enlarge the gross floor area of such building or structure by more
than 25%. Any such replacement, rebuilding or alteration shall take
place within the area of the original building foundation. Any
portion of a use that legally existed at the date of passing of this By-
Law and is not located within existing buildings or structures shall
only be permitted within existing cleared areas.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________________________________________
Notwithstanding the above paragraph, a covered or uncovered
deck, stoop and/or landing may be attached to a residential
dwelling existing at the date of passing of this By-Law, or to any
residential dwelling that has been replaced, rebuilt or otherwise
altered in accordance with the above paragraph. Any such covered
or uncovered deck, stoop and/or landing shall be constructed in
accordance with Section 5.37 and shall not exceed 23.2 m2 (250
ft2) in area.
5.30.1.4 ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to
apply within the EP1 Overlay areas.
5.30.2 ENVIRONMENTAL PROTECTION 2 OVERLAY AND FISH HABITAT
The Environmental Protection 2 (EP2) Overlay shall apply to lands
containing the following Significant Environmental Features that are
identified in the County Official Plan:
Significant Valleylands
Significant Woodlands
Areas of Natural and Scientific Interest for the Life Sciences
Significant Wildlife Habitat
Fish Habitat shall consist of all watercourses, ponds, lakes and
reservoirs within the Town.
5.30.2.1 IDENTIFICATION OF THE EP2 OVERLAY AND FISH HABITAT
The EP2 Overlay corresponds to the features listed in Section
5.30.2 and is identified on Schedule "A" of this By-Law. Section 2.5
of this By-Law provides an explanation for the interpretation of
these overlay areas.
Fish Habitat corresponds to all the water features listed in Section
5.30.2.
5.30.2.2 PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person
shall within any EEP2 Overlay, or Fish Habitat, use any lot or erect,
alter or use any building or structure for any purpose except one (1)
or more of the following uses:
• A public use authorized through an environmental
asse99ment proce9s;
The Corporation of the
Town of Tillsonburg
By-law Number J646__________________________________________
• A use which legally existed on the date of passing of this By-
law, provided that no additional development or site
alteration shall be permitted, except as specified in 5.30.2.3;
• a single detached dwelling on a properly zoned lot of record
created on or before April 17th, 1979, in accordance with the
permitted uses and provisions of the underlying zone;
• a single detached dwelling on a properly zoned lot which
was part of a plan of subdivision registered or draft approved
on or before April 17th, 1979;
• a building or structure used for flood or erosion control
purposes, or for the management of the natural environment,
as approved by the Corporation, the County, the Long Point
Region Conservation Authority and the Ministry of Natural
Resources;
• a passive use park, approved by the Corporation and the
County, in consultation with the Long Point Region
Conservation Authority;
• a farm on existing cleared areas within a future development
or industrial zone including the land application of nutrients,
in accordance with the Nutrient Management Act
• a conservation project.
All other uses not explicitly listed above shall be prohibited within
the area of the EP2 Overlay and Fish Habitat.
5.30.2.3 EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of
passing of this By-Law may be replaced, rebuilt or altered, provided
that any such replacement, rebuilding or alteration thereto does not
enlarge the gross floor area of such building or structure by more
than 25% and is located within an existing cleared area. Any
portion of a use that legally existed at the date of passing of this By-
Law and is not located within an existing building or structure shall
be only be permitted within existing cleared areas.
5.30.2.4 ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to
apply within the EP2 Overlay areas.
5.30.3 DISTANCE FROM THE EP1 OVERLAY, EP2 OVERLAY AND FISH HABITAT
WHERE AN ENVIRONMENTAL IMPACT STUDY is REQUIRED
5.30.3.1 Development, site alteration and stockpiling of materials within
120m (393.7 ft) of the EP1 Overlay must comply with the
Environmental Impact Study Requirements in Section 3.2.4.2 and
3.2.6 of the County of Oxford Official Plan.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
Notwithstanding the above, buildings or structures accessory to an
existing dwelling located within the EP1 Overlay or within 120 m
(393.7 ft) of the EP1 Overlay, may be permitted within 120 m
(393.7 ft) area adjacent to the EP1 overlay without an
Environmental Impact Study, in accordance with the provisions of
Section 5.1 of this By-Law, pertaining to accessory residential
buildings and structures.
5.30.3.2 Development, site alteration and stockpiling of materials within
50 m (164 ft) of the EP2 Overlay or edge of fish habitat, except for
those uses permitted in Section 5.30.2.2, must comply with the
Environmental Impact Study Requirements in Section 3.2.4.2 and
3.2.6 of the County of Oxford Official Plan.
Notwithstanding the above, buildings and structures accessory to
an existing dwelling within the EP2 Overlay or within 50 m (164 ft)
of the EP2 overlay or fish habitat shall be permitted in accordance
with the provisions of Section 5.1 of this By-Law pertaining to
accessory residential building and structures.
5.30.4 PERMITTED USES
All of the uses of the underlying zone are permitted within the
distances specified, subject to the provisions of an Environmental
Impact Study undertaken by the applicant pursuant to Section
3.2.4.2 and 3.2.6 of the County of Oxford Official Plan.
Notwithstanding this provision, an Environmental Impact Study will
not be required if an exemption is granted under Section 3.2.6 of
the County of Oxford Official Plan.
5.30.4 ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to
apply within these areas, unless the Environmental Impact Study
recommends ncsw provisions. Where new provisions are
recommended by an Environmental Impact Study, a zoning By-Law
amendment shall be required to incorporate such provisions into
this By-Law.
5.31 SITE PLAN CONTROL
Where uses located within any of the zones described in this By-Law are
also within an area designated by By-Law as being subject to site plan
control, they shall be subject to the provisions of the zone as well as any
requirements of the Town of Tillsonburg's Site Plan Control By-Law and
associated guidelines, as amended.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.32 SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
Sites of potential environmental contamination include sites presently or
formerly used for industrial, utility or waste disposal, a landfill site, or a
salvage yard. Known sites and sites formerly zoned for industrial
purposes have been placed in a Holding Zone pursuant to Section 36 of
the Planning Act, as amended. A zoning By-Law amendment in
accordance with Section 36 of the Planning Act will be required to remove
the "H" symbol.
5.33 STREET FRONTAGE REQUIRED
No building or structure shall be erected, altered or enlarged on any lot
which does not have the minimum lot frontage on an improved street
required for the zone which applies to the lot.
5.34 STORAGE OR PARKING OF RECREATIONAL VEHICLES
5.34.1 No person shall in any Residential Zone use any lot for the parking
or storage of any recreational vehicle except in accordance with the
following provisions:
5.34.1.1 No parking or storage of any recreational vehicles shall be
permitted unless the principal use, building, or structure is
specifically permitted by this By-Law and is already established on
the same lot]
5.34.12 All required parking spaces pursuant to Table 5.24.2.1 must be
provided on site;
5.34.1.3 The owner or occupant of any lot, building or structure in any
Residential Zone may store or park not more than two (2)
recreational vehicles outside. Where a recreational vehicle is kept
on a trailer, the recreational vehicle and trailer together shall be
counted as one (1) recreational vehicle.
5.34.1.4 The height of any parked or stored recreational vehicle on a lot
shall be a maximum of 3.7 m (12.1 ft) in height measured from
grade to the highest fixed point of the recreational vehicle.
5.34.1.5 When parked or stored outside of a building or structure,
recreational vehicles shall be located on the lot in accordance with
Table 5.34.1.5, Recreation Vehicle Setbacks:
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.34.1.6
5.34.2
5.34.3
TABLE 5,34^
ALL RESIDENTIAL
ZONES
Front Yard
Exterior Side Yard
Interior Side Yard
Rear Yard
RlQU^
Same as that required for a main building
Same as that required for a main building
1.0m (3.28 ft)
1.0m (3.28 ft)
Notwithstanding any provision of Table 5.34.1.5 to the contrary, the
following provisions shall also apply:
i) a recreational vehicle, other than a snowmobile, may be
temporarily parked or stored in a required front yard or exterior
side yard, provided that the recreational vehicle is parked or
stored on a driveway and is situated a minimum of 2.0 m (6.56
ft) from the edge of pavement/ road finish;
ii) a snowmobile may be temporarily parked or stored in a
required front yard or exterior side yard provided that the
snowmobile is stored or parked on a driveway.
FULLY ENCLOSED
Notwithstanding the provisions of Section 5.34.1 of this By-Law, the
limitations imposed herein shall not restrict the number of
recreational vehicles that are fully enclosed within a private garage.
OCCUPANCY
No recreational vehicle shall be used for human habitation except
for a temporary period not exceeding five (5) consecutive days,
twice per calendar year.
5.35 THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one (1)
street, the setback and front yard requirements contained herein shall
apply on each street in accordance with the provisions of the zone or
zones in which such lot is located.
5.36 USES PERMITTED IN ALL ZONES
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.36.1 The following uses are permitted in all zones, except (1) Zones where
the use is specifically prohibited or limited, or (2) on lands within the
defined Generic Regulation of the Long Point Region Conservation
Authority.
5.36.1.1 a trailer, temporary construction camp, waste container, tool shed,
scaffold or other such building or other such temporary work camp
which is incidental to construction and provided it is located on the
site where such work is underway and provided that it shall be
removed from the site within thirty (30) days of completing the work,
the buildings or structures is located outside of any sight triangle, and
the building or structures is not used for human habitation;
The location of a trailer, building or structures shall be subject to the
following criteria:
• the trailer, building or structure is located outside of any sight
triangle] and
• the trailer, building or structure is not used for human
habitation.
5.36.1.2 A temporary building or trailer for conducting sales of new dwelling
units provided the sales building or trailer is located within the
development site and that sales are restricted to dwelling units within
that development only. The sales building or trailer shall be setback
30 m (98.4 ft) and parking 6 m (19.7 ft) from any existing off-site
residential property abutting the development site. The temporary
sales office shall be removed from the site within thirty (30) days of
completing all sales of dwelling units.
5.36.1.3 A temporary office for conducting sales of new dwelling units may be
established within a dwelling unit located within the development site.
Sales shall be restricted to dwelling units within the development only
and shall be removed from the site within thirty (30) days of
completing all sales of dwelling units.
5.36.1.4 A gate house or kiosk in a residential or employment zone for security
or parking lot management, provided such structure does not exceed
10m2 (107.6 ft2) of gross floor area.
5.36.1.5 A communications structure subject to the following;
• Not permitted on residentially zoned lands;
• Shall be setback 40 m (131.2 ft) from the centre line of road;
and
• Towers and associated buildings and structures shall be
setback 150 rn (492.1 ft) from a residential zone.
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.37 YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5.37.1 PERMITTED PROJECTIONS INTO REQUIRED YARDS
Notwithstanding the yard requirements of this By-Law, the following
projections are permitted from a main building in accordance with
the provisions set out in Table 5.37.1.
TAitE 5,37.1 ;~::|>if*WJ§^ ./ ' " • :; :'';; .. • :' ' •' -
;•,, :;';; x^--f^|t^
Uncovered and unenclosed steps,
not exceeding 1.2 m (3.9 ft) above
grade, providing access to a
basement or a ground floor, deck,
stoop or landing
Fire escapes, steps providing
access above the ground floor and
balconies above the ground floor
Ramps used for handicapped
access
Balconies on apartment buildings
Sills, belt courses, cornices,
pilasters, chimneys, eaves, gutters,
parapets and pilasters and similar
architectural features, provided that
they are a minimum of 2 m (6.56 ft)
above grade
Air conditioning units, heat pumps,
air exchangers, exhaust fan hoods
and other similar mechanical
structures.
Bay windows, not exceeding 3 m
(9.84 ft) in width
Building cantilevers.
Permanent window awnings,
provided that they are a minimum
of 2 m (6.56 ft) above grade.
i':;;-;;;;^
:;::;^lii^
All Yards - no limit
Rear and Interior
Side Yard, 1 .2 m
(3.94 ft)
All Yards, unlimited
All Yards, 1.5m
(4.92 ft)
All yards, 0.6 m (2 ft),
All Yards, no limit
Front, Rear and
Exterior Side yards,
1 m (3.3 ft)
Front and Rear,
0.6 m (2 ft)
All Yards, 1 m (3.3 ft)
Minimum Setback
Between Projection ;
^a|::;::^ •
Interior Side 0.6 m
(2 ft), Front, Exterior
Side and Rear 3 m
(9.84 ft)
1.2m (3. 94 ft)
Interior Side, 1 .2 m
(3.93ft), RearorSfreef
line 3 m (9.84 ft)
None
0.6 m (2 ft)
None
5m (16.4 ft)
None
5m (16.4 ft)
The Corporation of the
Town of Tillsonburg
By-law Number 3646
5.37.1.1
TABLE 5,37.1 ~ Pif^i^ YARDS
'•" • StrUCturf ; ; ^MSS;
Retractable-drop canopies and
awnings
Uncovered decks, patios, concrete
pads and other similar structures
comprising part of an outdoor
amenity area, exceeding 0.3 m
(1 ft) in height, but not exceeding
0.6 m (2 ft) in height.
Uncovered decks, patios and
porches/verandas, exceeding 0.6 m
(2 ft) in average height
Covered decks, patios and
porches/verandas.
^vf;^^
^^^^
Rear yard, 3.7 m
(12.1 ft)
Front or Exterior
Side, 3 m (9.8 ft)
Rear, No Limit
Front or Exterior
Side, 1.5m (4.9 ft)
Rear, 3.7m (12.14 ft)
Front or Exterior Side
Yards, 1.5m (4.92 ft)
Rear, 1.5m (4.92 ft)
Minimum Setbac k
Between Projectioniv^r.:-|itt*^^ift;:-:
5m (16.4 ft)
Front or Exterior Side
3 m (9.8 ft)
Rear, 1.5m (4. 9 ft)
Front or Exterior Side
3 m (9.8 ft)
Rear, 4m (13.1 ft)
Front or Exterior Side
3 m (9.8 ft).
Rear 7.5m (24.6 ft)
(Amended by By-Law 3384)
Notwithstanding the provisions of Section 5.37.1 the following
provisions shall also apply:
i) no projection is permitted into a required parking area or
driveway]
ii) in a zone in which the yard setbacks for the main building
are less than the minimum yard setbacks required by Table
5.37.1 for such structures, then they may be erected in
accordance with setback requirement for the main building,
unless otherwise noted in this By-Law; and
vii) no part of any building or structure on any lot shall project
beyond any lot line or street line of such lot, except in the
case of a projection beyond a street line, where an
encroachment permit has been approved for such projection
by the Town of Tillsonburg or, in the case of a County Road,
the County of Oxford.
The Corporation of the
Town of Tillsonburg
By-law Number 3646__________
5.37.2 HEIGHT EXCEPTIONS
The height provisions of this By-Law shall not apply to prevent the
erection and/or use of the following uses, in zones where such uses
are permitted, and provided that such features are erected only to
such height as is necessary to accomplish their purpose:
• a church spire, steeple or belfry;
• a cupola, dome or other ornamental structure]
• a flag pole;
• a clock tower or bell tower;
• a chimney or smoke stack;
• a firewall,
• a lightning rod or weathervane;
• a sky light, elevator penthouse, water tank, mechanical
penthouse or other heating, cooling or ventilation equipment,
or structure enclosing such features;
• a communication structure, in accordance with Section 5.37;
• a radio or television antennae;
• a feed mill, commercial grain elevator or silo;
• any other similar structures"
31. This By-Law comes into force in accordance with Sections 34(21) and (30)
of the Planning Act R.S.O. 1990, as amended.
READ a first and second time this 10th day of September, 2012.
READ a third time and finally passed this 9th day of October, 2012.
Clerk - Donna Wilson