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By-Laws
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1981
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Fay 100 Ont.-72
VILLAGE OP VIENNA
BY-LAW No. �.
IJ = to authorize the oftMtJ borrowing $ 35 , 000 . 00
Whereas the Council of the Village of Vienna
(hereinafter called the " Municipality") deems it necessary to borrow the sum
of $ 35 , 000 . 00 to meet, until the taxes are collected , the current
expenditures of the Municipality for the year ;
Norx.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
coerartlieaLtirrentMunicipality as set forth in the estimates adopted for the year 19 , is
pted; `
if not, to those
of last year.
(Delete this And Whereas the total of amounts heretofore borrowed for the purposes
paragraph if not
applicable.) mentioned in subsection ( 1) of Section 332 of The Municipal Act which have
not been repaid is $
Therefore the Council of the of Vienna
hereby enacts as follows :
1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to
borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate $35 , 000 . 00
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
Passed this 9th . (lay of April 19 81
•.• •0 .. ..N•
THE HEAD OF THE MUNICIPALITY
SEAL
CLERK
I hereby certify that the foregoing is a true copy of By-law
No. 776 of the Village of Vienna
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This 9 t h , day of Apr 1 1 , 19 81
As Witness the Seal of
the Village of Vienna
•
Lz)
SEAL •NMN.
(■EI
CLERK
16111MMEMEMMOMMEMMWWWMOMmilmminaiiiiiiiiiiiiiiik
1
VILLAGE OF VIENNA
Zoning By-Law No. 777
,tee, 1981
r
I
NOTICE OF APPLICATION to the Ontario Municipal
Board by the Corporation of the Village of •
Vienna for approval of a by-law to regulate
land use passed pursuant to Section 35 of The
Planning Act .
TAKE NOTICE that the Council of the Corporation of the
Village of Vienna intends to apply to the Ontario Municipal
Board pursuant to the provisions of Section 35 of The Planning
Act for approval of By-law No . 777 passed on the 9th . day of
July , 1981 . A copy of the by-law is furnished
herewith and a note giving an explanation of the purpose and
effect of the by- law and stating the lands affected thereby
is also furnished herewith .
ANY PERSON INTERESTED MAY , within twenty-one ( 21 ) days after
the date of this notice , send by registered mail or deliver
to the Clerk of the Village of Vienna notice of objection to
approval of the said by-law or any part thereof giving
details of all or the portion of the by-law to which you
object and detailed reasons therefor , and shall indicate
tahd f aa hthearhring ho d suthpobjethce oobor catriong. ent will
ANY PERSON wishing to support the application for approval
of the by-law may within twenty-one ( 21 ) days after the date
of this notice send by registered mail or deliver to the
Clerk of the Village of Vienna notice of his support of
approval of the said by-law together with a request for
notice of any hearing that may be held giving also the name
and address to whom such notice should be given .
THE ONTARIO MUNICIPAL BOARD may approve of the said by- law
but before doing so it may appoint a time and place when any
objection to the by-law will be considered . Notice of any
hearing that may be held will be given only to persons who
have filed an objection or notice of support and who have
left with or delivered to the Clerk undersigned , the address
to which notice of hearing is to be sent and , similarly , to
any person who has filed a request for a change in the
provisions of the by-law .
THE LAST DATE FOR FILING OBJECTIONS will be , 1981 .
DATED this 9th . day of JULY , 1981 .
Mrs . V . Van Belois
Clerk-Treasurer
Village of Vienna
Box 160
Straffordville , Ontario
NOJ 1Y0
EXPLANATORY NOTE
BY-LAW NO . 777
VILLAGE OF VIENNA
•
By-law No . 777 is a comprehensive zoning by- law for the Village
of Vienna . The By- law implements the Official Plan of the
East Elgin Planning Area as it applies to the Village .
The By- law regulates the use of all land , buildings and structures
in Vienna . It authorizes the uses ( i . e : residential , commerical ,
industrial ) set out in the accompanying and attached schedule
( zone map) , and prohibits any use of land or the construction
and use of buildings and structures not specifically authorized .
Exceptions to this rule are limited to those uses lawfully in
existence on the day the By- law was adopted to those uses the
plans for which have been approved by the Village Council prior
to the day of the passing of the By- law . In addition , the By- law
also permits lots existing as of the date of passing of the
By- law with less than the minimum lot area , lot frontage or
lot depth to be developed for the uses specified in the appro-
priate zone provided all other regulations in the By- law can be
satisfied .
All meansureznents in the By- law are in metric units . The
abrreviation ' m ' represents metres , ' m2 ' represents square
metres and ' ha ' represents hectares . Conversion tables are
provided at the back of the By- law for convenience .
A brief summary of the provisions of By- law No . 777 are provided
below . Council urges you read the entire By- law and to note in
• particular how it affects your property . Applications to amend
the By- law may be made at any time .
SUMMARY OF BY-LAW ZONE REGULATIONS
AGRICULTURAL (A ) ZONE
The A zone permits agricultural uses , existing residential uses ,
farm buildings and structures including one single family de-
tached dwelling on one lot , home occupations and accessory uses .
The minimum lot area in an agricultural zone is 10 hectares
( 25 acres ) with a minimum lot frontage of 150 metres ( 492 feet ) .
The minimum floor area for a single family detached dwelling is
78 square metres ( 840 square feet ) . Maximum lot coverage for
any structure in an A zone is 20 percent with a minimum front
yard of 18 metres ( 60 feet ) , and a minimum rear yard of 15
•
metres ( 49 feet ) .
s
residential accommodation or where the yard abuts a Residential
or Parks and Open Space Zone .
INDUSTRIAL ( M) ZONE
The M Zone permits manufacturing and industrial operations ;
• warehousing and storage uses ; automobile body shops ; offices
and retail outlets related to the industrial operations carried
on in the same building ; accessory buildings ; and dwelling units
in a portion of the non-residential building , in conformity with
R1 floor space regulations , for one caretaker or person and his
family employed in the industrial operation permitted on the site .
The minimum lot area where municipal sanitary sewage disposal
facilities and a piped municipal water supply or a communal water
supply are not available is 1380 square metres ( 14 , 855 square
feet ) . Where municipal sanitary sewage disposal facilities are
not available but a piped municipal water supply or a communal
water supply is available , the minimum lot area shall be 900
square metres ( 9690 square feet ) . Additional M Zone regulations
include : minimum lot frontage 30 metres ( 98 feet ) ; where no
municipal services are available and where municipal sanitary
sewage disposal facilities are not available but a piped
municipal water supply or a communal water supply is available
- 23 metres ( 70 feet ) . Minimum lot depth is 46 metres ( 150 feet )
where no municipal services are available and 39 metres ( 128 feet )
where municipal water is available . Maximum building height is
12 metres ( 39 feet ) ; maximum lot coverage is 65 percent ; and
the minimum front yard is 9 metres ( 30 feet ) .
INSTITUTIONAL ( I ) ZONE
All institutional uses including schools , clinics and hospitals ,
churches , libraries , government offices and convalescent homes
are permitted in this zone . Minimum lot areas of 1380 square
metres ( 14 , 855 square feet ) and 900 square metres ( 9 , 690 square
feet ) are determined by the availability of municipal services
in the same fashion as in commercial zones . Maximum building
height is 12 metres ( 39 feet ) ; minimum lot frontage is 30 metres
( 98 feet ) without services and 23 metres ( 75 feet ) where munic-
ipal water is available ; and maximum lot coverage is 40 percent .
PARKS AND OPEN SPACE ( OS ) ZONE
The OS Zone permits public or private parks , including playgrounds ;
conservation areas ; picnic facilities ; public buildings , including
a museum or exhibition arenas and areas or community halls ; public
parking areas ; dwelling units for caretakers ; and accessory build-
ings . Any buildings erected in a Park and Open Space ( OS ) Zone
shall be set back a minimum distance of 7 . 5 metres ( 25 feet) from
any lot line and shall not cover more than 20 percent of the
area of the lot .
RESIDENTIAL ( R1 ) ZONE
The RIzone permits one single family detached dwelling on one
lot ; home occupations ; and accessory uses . The minimum lot area
for single family dwellings is 1380 square metres ( 14 , 855 square
feet ) where municipal sanitary sewage disposal facilities and a
piped municipal water supply or a communal water supply are not •
available , and , 810 square metres ( 8 , 700 square feet ) where sewage
disposal facilities are not available but a piped municipal water
supply or communal water supply is available . Maximum building
coverage is 30 percent for all dwellings . The minimum lot
frontage where a piped municipal water supply is available is
21 . 5 metres ( 70 feet ) and the minimum floor area is 80 square
metres ( 860 square feet ) .
CENTRAL COMMERCIAL ( C1 ) ZONE
The Cl zone permits a full range of commercial uses including
automobile service stations and sales establishments ; banks ;
hotels , motels and taverns ; offices ; restaurants ; and retail
stores . The minimum lot area for General Commercial uses is
1380 square metres ( 14 , 855 square feet ) where municipal sanitary
sewage disposal facilities and a piped municipal water supply
or a communal water supply are not available .
Where municipal sanitary sewage disposal facilities are not
available but a piped municipal water supply or communal water
supply is available the minimum lot size shall be 810 square
metres ( 8 , 700 square feet ) . Minimum lot frontage is 20 metres
( 66 feet ) where a piped municipal water supply is available ,
with a maximum building coverage of 40 percent and a maximum
building height of 12 metres ( 39 feet ) . No front yard is re-
quired along the north side of Front Street between Main Street
and King Street , but a 3 . 0 metre front yard is required along
the south side of Front Street between Main and King . A 6 . 0
metre front yard is required in all other cases . The minimum
side yard where the yard abuts a Residential or Parks and Open
Space Zone shall be a minimum of 4 . 0 metres ( 13 feet ) , other-
wise no side year shall be required . The minimum rear yard
depth is 6 metres ( 20 feet ) .
LOCAL COMMERCIAL (C2 ) Z ONE
Permitted uses in the C2 Zone include a convenience plaza ; a
neighbourhood retail or variety store or service shop ; an in-
surance and real estate office ; a medical office or clinic ; an
auction room ; an automobile service station or public garage ; a
storage depot for a commercial trucking operation ; dwellings
connected to and forming an integral part of the commercial
building and provided with a separate access ; and buildings
accessory to the foregoing uses . Regulations for minimum yard
and lot areas are identical to those in the Central Commercial
(C1 ) Zone with the following exceptions . Maximum building
height is 6 metres ; minimum front yard is 7 . 5 metres ; and
minimum rear yard is 6 metres where the yard abuts a Commercial
or Industrial Zone , 10 metres where the building contains
FUTURE DEVELOPMENT (FD) ZONE
Permitted uses in the Future Development (FD ) Zone include
existing buildings , structures and uses . The lot , yard and
building regulations shall remain as they lawfully existed on
the effective date of the passing of the By- law . Buildings may
also be enlarged and accessory buildings may be erected subject
to compliance with Section 4 of the By- law which outlines a
number of general provisions . Maximum floor area of an accessory
building shall be 18 . 5 square metres ( 60 square feet) and the
maximum height of an accessory building shall be 4 metres ( 13 feet) .
The Future Development Zone is intended to accommodate future
development (and temporary uses connected therewith) by way of
amendment to this By- law .
HAZARD LAND (H) ZONE
The H Zone permits any outdoor recreation use , including public
and private parks and golf courses ; conservation activities ,
wildlife areas and forestry ; and agriculture and horticultural
nurseries . Buildings and structures , except those necessary for
flood prevention and control , are prohibited in the H Zone .
A number of special use regulations have also been provided for
the H Zone in order to accommodate existing and proposed re-
sidential , commercial , institutional and industrial land uses
on lots serviced by the municipal water supply and providing the
structures have no openings below the minimum elevation of 179 . 8
metres ( 590 feet) Canadian Geodetic Datum .
•
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TABLE OF CONTENTS
•
SECTION PAGE NO .
1 . INTERPRETATION AND ADMINISTRATION 1
2 . DEFINITIONS 5
3 . ZONES AND ZONE MAP 22
4 . GENERAL PROVISIONS 24
5 . AGRICULTURAL (A) ZONE REGULATIONS 34
6 . RESIDENTIAL ( R1 ) ZONE REGULATIONS 36
7 . CENTRAL COMMERCIAL (C1 ) ZONE REGULATIONS 38
8 . LOCAL COMMERCIAL (C2 ) ZONE REGULATIONS 41
9 . INDUSTRIAL (M) ZONE REGULATIONS 44
10 . INSTITUTIONAL ( I ) ZONE REGULATIONS 46
•
11 . PARKS AND OPEN SPACE (OS ) ZONE
REGULATIONS 48
12 . FUTURE DEVELOPMENT (FD ) ZONE REGULATIONS 49
13 . HAZARD LAND (H ) ZONE REGULATIONS 50
Schedule A
Schedule A-1
Conversion Tables
•
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- 1 -
BY-LAW NO .
RESTRICTED AREA BY-LAW
VILLAGE OF VIENNA
A By-law to regulate the use of land , the character , loca-
tion and use of buildings and structures in the Village of
Vienna .
WHEREAS the Council of the Corporation of the Village of
Vienna deems it expedient to implement the Official Plan
of the East Elgin Planning Area ; and
WHEREAS authority is granted under Section 35 of The Plan-
inE Act , R. S . O . , 1970 , subject to the approval of the
Ontario Municipal Board , to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF VIENNA ENACTS AS FOLLOWS :
SECTION 1 INTERPRETATION & ADMINISTRATION
1 . 1 SHORT TITLE
• This By- law shall be known as the " Zoning By-law"
of the Corporation of the Village of Vienna .
1 . 2 APPLICATION
The provisions of this By-law shall apply to all
lands within the boundaries of the Corporation of
the Village of Vienna as now or hereafter legally
constituted .
1 . 3 SCOPE •
No lands shall be used and no buildings or struc
tures shall be erected , built , constructed ,
reconstructed , relocated , altered , enlarged or
used within the Village of Vienna except in con-
.. formity with the provisions of this By-law .
1 . 4 MINIMUM REQUIREMENTS
In interpreting and applying the provisions of
this By-law , they are held to be the minimum
requirements for the promotion of the health ,
safety , comfort , convenience , and general welfare
of the inhabitants of the Municipality .
4
- 2 -
1 . 5 MEANING OF USE
Unless the zontext otherwise requires , the expres-
sion "use " or " to use " in this By-law includes
anything done or permitted by the owner or occu-
pant of any land or building , directly or indirectly
or by or through any trustee , tenant , servant , or
agent , acting for or with the knowledge or consent
of such owner or occupant , for the purpose of
making use of the said land or building .
1 . 6 MEANING OF SHALL
In this By-law, the word "shall " shall always be
construed as mandatory .
1 . 7 NUMBER AND GENDER
In this By-law , unless the contrary intention appears
otherwise , words imparting the singular number or
the masculine gender only shall include more persons ,
parties or things of the same kind than one , and
females as well as males , and the converse .
1 . 8 ADMINISTRATION
This By-law shall be administered by the Building
' Inspector 'or such other person as the Council of
the Village of Vienna designates .
1 . 9 APPLICATION FOR BUILDING PERMITS
1 . 9 . 1 In addition to all other requirements of the Ontario
Building Code or any other building code or building
by-law, every applicant for a building permit shall
file with his application a plan , in duplicate , drawn
to scale , in metrics , showing the true dimensions of
the lot proposed to be built upon or otherwise
developed , the proposed location , grade or height and
dimensions of the building or work in respect of
which the permit is applied for and the location on
such lot of every existing building , together with a
statement , signed by the owner , disclosing the exact
use proposed for each building aforesaid and give all
information necessary to determine whether or not such
building and the proposed use thereof conform with the
requirements of this By- law .
1 . 9 . 2 Where any Ontario fill , construction and alterations
to waterways regulations are in effect , a permit form
the Conservation Authority having jurisdiction is
required prior to any construction or filling taking
place . ' 4
- 3 -
1 . 10 BUILDINGS TO BE MOVED
In all zones , any building or structure which is
moved from one location to another , whether within
the zone or from one zone to another , or from any
location beyond the boundary of the Municipality ,
into any zone , shall be considered as being a new
building or structure and shall comply with the
provisions of this By- law. No building , residen-
tial or otherwise , shall be moved within the
limits of the Municipality or shall be moved into
the Municipality from outside , without a permit
from the Building Inspector . This provision shall
not apply to utility sheds .
1 . 11 LICENCES AND PERMITS
No municipal permit , certificate , or licence shall
be issued which would allow a violation of any of
the provisions of this By-law .
1 . 12 VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses
any building in a manner contrary to any require-
ment of this By-law , or who causes or permits such
use or erection , or who violates any provision of
this By- law or causes or permits a violation , is
guilty of an offence and upon conviction shall be
liable to a fine not to exceed one thousand dollars
( $1 , 000 . 00 ) exclusive of costs , for each offence ,
and every such penalty shall be recoverable under
• The Summary Convictions Act , R . S . O . , 1970 as amended
77#75m time to time .
1 . 13 REMEDIES
Where any building is or is proposed to be erected ,
altered , reconstructed , extended or enlarged , or
any building or part thereof is or is proposed to
be used , or any land is or is proposed to be used ,
in contravention of the provisions of this By- law ,
the same may be restrained by action at the
instance of any ratepayer , or of the Council of
the Municipality pursuant to the provisions of
The Plannin Act , R . S . O . , 1970 , as amended from
t me to time .
1 . 14 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality
under Section 35 of The Planning Act , R . S . O . , 1970
or a predecessor thereof are hereby repealed
except to the same extent that any of the said
by-laws prohibit the use of any land , building ,
or structure for a purpose that is also prohibited
by this By-law .
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1 . 15 APPLICATION OF OTHER BY-LAWS
Nothing in this By- law shall serve to relieve any
person from the obligation to comply with the
requirements of any other by-law of the Munici-
pality in force from time to time or the obliga-
tion to obtain any license , permit , authority or
approval required under any by-law of the
Municipality .
1 . 16 VALIDITY
Should any section , clause or provision of this
By-law be held by a court of competent juris-
diction
to be invalid , the validity of the re-
mainder of the By-law shall not be affected .
1 . 17 EFFECTIVE DATE
This By-law shall , upon approval of the Ontario
Municipal Board , come into full force and effect
as of the date of passing hereof .
1 . 18 INSPECTION OF PREMISES
The Building Inspector or any employee of the
Municipality acting under his direction may , at
any reasonable time , enter and inspect a property
or premises where there is a reason to believe
that any land or building is being used , or any
building or structure has been erected , altered ,
or enlarged so as to cause a violation of any of
the provisions of this By-law .
5 -
SECTION 2 DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building or
structure that is normally incidental , subordinate
and exclusively devoted to a main use , building ,
or structure and that is located on the same lot .
2 . 2 ACCESSORY LIVING QUARTERS , shall mean living
quarters within an accessory building located on
the same premises as the main building for the
sole use of persons employed on the premises or
members of the family of the occupant of the main
building , such dwelling unit having no kitchen
facilities and not rented or otherwise used as a
separate dwelling ;Init .
2 . 3 AGRICULTURAL USE , shall mean general farming and
without limiting the generality of the foregoing
shall include the raising and harvesting of
field , bush , tree or vine crops , truck gardening ,
nurseries , greenhouses , and the sale of produce
grown on the farm from which the sale is made but
excludes livestock farming , mushroom farming , or
the sale of such products raised on the subject
premises .
2 . 4 ALTER, when used in reference to a building or
structure or part thereof , shall mean to change
any one or more of the internal or external dimen-
sions of such building or structure or to change
the type of construction of the exterior walls or
• roof thereof . When used in reference to a lot ,
the word " alter" means to decrease the width ,
depth , or area thereof or to decrease the width ,
depth , or area of any requi wed yard , setback ,
landscaped open space , or parking area , or to
change the location of any boundary of such lot
with respect to a street or lane , whether such
alteration is made by conveyance or alienation of
any portion of said lot , or otherwise .
2 . 5 ATTACHED , shall mean a building otherwise complete
in itself , which depends for structural support ,
or complete enclosure , upon a division wall or
walls shared in common with an adjacent building
or buildings .
2 . 6 AUTOMOBILE SERVICE STATION OR SERVICE STATION , shall
mean a building or part of a building or a clearly
defined space .on a lot used for the retail sale
of lubricating oils and gasolines and may include
the sale of automobile accessories and where only
the servicing and minor repairing essential to the
operation of motor vehicles are executed or performed ;
it may also include the washing of motor vehicles .
•
- 6 -
2 . 7 AUTOMOBILE SALES ESTABLISHMENT , shall mean a building
or lot used for the display and sale of new and
used motor vehicles and may include the servicing ,
repair , cleaning , polishing and greasing of motor
vehicles , the sale of automotive accessories and
related products and the leasing or renting of motor
vehicles .
2 . 8 BASEMENT , shall mean that portion of a building
between two floor levels which is partly underground
but which has at least one-half of its height from
finished floor to finished ceiling above the adjacent
finished grade around the exterior of a dwelling .
2 . 9 BOARDING HOUSE , ROOMING HOUSE , or TOURIST HOME , shall
mean any house or building or portion thereof in
which the proprietor resides and supplies , for
hire or gain to more than two persons , lodging
and/or meals , but shall not include a hotel , motel
hospital , home for the young or the aged, or insti-
tution , or restaurant accommodating the general
public
2 . 10 BUILDING , shall include any structure whether
temporary or permanent , used or intended for
sheltering any use or occupancy but shall not
include a boundary wall , fence , travel trailer ,
camping trailer , truck camper , motor home , or
tent
2 . 11 BUILDING AREA , shall mean the area of a lot within
which permitted buildings or other structures may
be erected , used , and maintained .
2 . 12 BULK SALES ESTABLISHMENT , shall mean the use of
land , buildings , or structures for the purpose of
buying and selling building materials , ice , and
allied chemicals but does not include any manufacturing ,
assembling , or processing uses .
2 . 13 BUILDING INSPECTOR , shall mean the officer or
employee of the Municipality for the time being
charged with the duty of enforcing the provisions
of this By- law .
2 . 14 BUILDING LINE , shall mean a line within a lot
drawn parallel to a lot line ; it establishes the
minimum distance between the lot line and any
building , or structure which may be erected .
Where the lot line is a curve , the same shall
apply .
7
2 . 15 BUILDING LINE , ESTABLISHED , a building line shall
be considered to be established between existing
buildings where at lease five ( 5 ) main buildings
have been erected on any one side of a continuous
one hundred and fifty ( 150 . 0 ) metre strip of land
fronting on a street or road . The established
building line shall thus mean the average setback
of the existing main buildings .
2 . 16 CAMPGROUND , shall mean a use consisting of at least
five camping sites , licensed under the provisions of
The Municipal Act , R . S . O . , 1970 , and comprising land
used or maintained for seasonal recreational activity
as grounds for the camping or parking of a tent , motor
home , travel trailer , or truck camper , but not a
mobile home .
2 . 17 CELLAR , shall mean that portion of a building between
two floor levels which is partly or wholly under-
ground btit which has more than one-half of its height
from finished floor to ceiling below adjacent finished
grade around the exterior of a dwelling .
2 . 18 CEMETERY , shall mean land that is set apart or
used as a place for the interment of the dead or
in which human bodies have been buried .
2 . 19 CHURCH , shall mean a building dedicated to religious
worship and may include a church hall , church
auditorium , Sunday school , parish hall , or church
day nursery .
• 2 . 20 CLINIC , shall mean any building or portion thereof
containing two or more offices used or intended
for use for any of the purposes of medical , dental
or veterinary practice , and without limiting the
generality of the foregoing includes the offices
or consulting rooms of members of the medical or
dental professions .
2 . 21 CLINIC , ANIMAL , shall mean any building used or
intended to be used for the purpose of a vete-
rinarian practice .
2 . 22 CLUB , shall mean a building used or intended to be
used as a meeting place for the members of an
organization , association , fraternal order , or
similar type group , not operated for profit and
wherein athletic facilities , dining rooms , and
beverage rooms may or may not be provided .
2 . 23 CONTRACTOR ' S YARD OR SHOP , shall mean any land ,
building or structure used for the purpose of
storing plant equipment and material or for per-
forming shop work or assembly work by any building
trade or other contractor .
- 8 -
2 . 24 CONVENIENCE PLAZA , shall mean a group of not more
than four ( 4 ) convenience stores located adjacent
to one another under one roof with separate entrances ,
all of which front on an improved street or road
which provide off- street parking .
2 . 25 COVERAGE , shall mean in the case of a residential
building or structure that portion or percentage
of the area of any lot upon which buildings or
structures are erected or permitted to be erected
on the lot ( but not including an outdoor swimming
pool ) measured at the level of the lowest storey
containing habitable rooms , and in the case of a
non-residential building or structure that portion
or percentage of the area of buildings or struc-
tures erected or permitted to be erected on the
lot ( but not including an outdoor swimming pool )
measured at the level of the lowest storey above
grade , including in both cases all porches ,
verandahs , balconies , steps , cornices , eaves , bay
windows , chimneys but excluding uncovered terraces .
2 . 26 DAY NURSERY , shall mean a day nursery within the
meaning of The Day Nurseries Act , R . S . O . , 1970 as
amended from time to time .
2 . 27 DRY CLEANING ESTABLISHMENT , shall mean a building ,
or part thereof , in which the business of dry
cleaning , " dye drying " , cleaning , or pressing of
articles or goods of fabric is carried on , in which
only non-combustible and non- inflammable solvents •
are used , which emits no odours , fumes , noise ,
or vibration causing a nuisance or inconvenience
within or outside the premises . A dry cleaning
establishment may include a self-service dry
cleaning establishment .
2 . 28 DWELLING , shall mean a building , occupied or
capable of being occupied exclusively as a home ,
residence or sleeping place by one or more per-
sons , but shall not include hotels , boarding
houses , rooming houses , motels , institutions ,
mobile homes , caretaker quarters or similar
accessory living quarters .
2 . 29 DWELLING , APARTMENT , shall mean a dwelling , con-
sisting of four or more dwelling units which
have a common entrance from the street level and
the occupants of which have the right to use , in
common , halls and/or stairs and/or elevators and
yards .
g _
2 . 30 DWELLING , BACHELOR , shall mean a dwelling unit
without a separate bedroom , providing therein
living , sleeping , eating , food preparation and
sanitary facilities for one or two adults . Other
essential facilities and services may be shared
with ether dwelling units ]
2 . 31 DWELLING , CONVERTED , shall mean a dwelling originally
designed as a single family dwelling unit , which
because of size or design is or can be converted
by partition and the addition of sanitary facilities
and cooking facilities into more than one dwelling
unit .
2 . 32 DWELLING , DUPLEX , shall mean a building that is
divided horizontally into two ( 2 ) dwelling units
each of which has an independent entrance either
directly or through a common vestibule .
2 . 33 DWELLING , MULTIPLE-FAMILY , shall mean a building
that contains three ( 3 ) or four ( 4 ) dwelling units
which have a common entrance and the occupants of
the units have the use of common corridors , stairs ,
elevators , yards or one or more of them .
2 . 34 DWELLING , SEMI -DETACHED , shall mean a building
that is divided vertically into two ( 2 ) dwelling
units each of which has an independent entrance
either directly or through a common vestibule .
2 . 35 DWELLING , SINGLE-FAMILY DETACHED , shall mean a
building designed , intended and/or used for occupancy
by not more than one family .
2 . 36 DWELLING , TOWNHOUSE , shall mean a dwelling that is
divided vertically into three or more dwelling
units , each of which has independent entrances , to
a front and rear yard immediately abutting the
front and rear walls of each dwelling unit .
2 . 37 DWELLING , TRIPLEX , shall mean a building that is
divided horizontally into three ( 3 ) separate
dwelling units , each of which has an independent
entrance either directly or through a common
vestibule .
2 . 38 DWELLING UNIT , shall mean one or more habitable
rooms occupied or capable of being occupied by an
individual or family as an independent and separate
housekeeping establishment in which separate
kitchen and sanitary facilities are provided for
the use of such individual or family , with a
private entrance from outside the building or from
a common hallway or stairway inside the building .
- 10 -
2 . 39 ERECT , shall include build , construct , recon-
struct ,
econ-
struct , alter and relocate and , not to limit the
generality of the foregoing , shall be taken to
include any preliminary physical operation such as
excavating , grading , piling , cribbing , filling or
draining , structurally altering any existing
building or structure by an addition , deletion ,
enlargement or extension .
2 . 40 EXISTING , shall mean existing as of the date of
the passing of this By- law .
2 . 41 FAMILY , shall mean an individual , or two ( 2 ) or
more persons who are interrelated by blood , or
marriage , or legal adoption , or a group of not
more than three ( 3 ) unrelated persons and not more
than two ( 2 ) persons who receive their lodging
and/or board for compensation , exclusive of
domestic help , occupying a dwelling unit .
2 . 42 FARM , shall mean a lot , held for the purpose of
agricultural use , together with or without its
dependent buildings including one single- family
detached dwelling with private garage , one mobile
home or dwelling as supplementary housing to the
farm operation , barns , sheds , pens and similar
accessory buildings except that in areas where
buildings and structures are prohibited such use
shall refer only to the land .
2 . 43 FLOOR AREA , shall mean the sum of the areas of all
floors of a building measured from the outside of
all exterior walls exclusive of any attic , base-
ment , garage , verandah , porch or sunroom unless
such enclosed porch or sunroom is an integral part
of the building and habitable in all seasons , and
excluding any floor area with a ceiling height of
less than two ( 2 . 0 ) metres .
2 . 44 FLOOR AREA , COMMERCIAL , shall mean the sum of the
areas of all floors of a building or part thereof
used for commercial purposes measured between the
internal faces of the exterior walls , excluding
the furnace-room , laundry-room , or washroom ,
stairwell or elevator shaft , or any area designed
or used permanently for storage space .
2 . 45 FLOOR AREA , GROUND , shall mean the area of a
building or structure measured from the outside of
all exterior walls , at grade , exclusive of any
accessory building , garage , basement , terrace ,
verandah , open or enclosed porch or sunroom ,
unless such sunroom or enclosed porch is an
integral part of the building and habitable in all
seasons .
- 11 -
2 . 46 FORESTRY USE , shall mean the general raising and
harvesting of wood and without limiting the gene-
rality of the foregoing includes the raising and
cutting of fuel wood , pulp wood , lumber , Christmas
•
trees , and other forest products .
2 . 47 FUNERAL HOME , shall mean a building where prepara-
tion of the dead human body for interment or
cremation is undertaken .
2 . 48 GARAGE , PRIVATE , or CARPORT , shall mean a building
or portion of a building designed and used for the
storage of not more than three ( 3 ) private
motor vehicles and the storage of household equipment
incidental to residential occupancy , wherein no
service for profit is rendered ; and where such
structure is within two ( 2 . 0 ) metres of the main
building , it shall be deemed to be part of the main
building and not an accessory building .
2 . 49 GARAGE , PUBLIC , shall mean a building or structure
other than a private garage where motor vehicles
are kept or stored for remuneration or repair
including the complete repair to motor vehicle
bodies , ' frames , or motors , and the painting ,
upholstering , washing , cleaning of such vehicles ,
and may include a motor vehicle service establish-
ment , but does not include an automatic car washing
establishment , or a motor vehicle sales lot .
2 . 50 GOLF COURSE , shall mean a public or private area
operated for the purpose of playing golf including
a par 3 golf course but excluding driving ranges ,
miniature golf courses , or combinations thereof .
2 . 51 GRADE , shall mean :
a ) for a building adjoining one street only , the
elevation of the sidewalk at the centre of
that wall adjoining the street , provided the
sidewalk is higher than the crown of the
street or road ;
b ) for a building adjoining more than one
street , the average of the elevation of the
sidewalk at the centre of all walls adjoining
the streets , provided the sidewalk is higher
than the crown of the street or road ;
c ) Where the crown of the street or road is higher
than the sidewalk , the elevation of the crown
at the centre of the wall or walls shall be
• used to determine the grade . All walls not
more than four and one-half ( 4 . 5 ) metres from
the street line shall be considered as adjoining
the street . If the adjoining street has no
public sidewalk , or if a building has no
walls adjoining the street , the grade shall
be determined by the Building Inspector .
Em
12 -
2 . 52 HEIGHT , when used with reference to a building or
structure shall mean the vertical distance between
the horizontal plane through grade level and a
horizontal plane through :
a ) the highest point of the roof assembly in the
case of a building with a flat roof or a deck
roof ;
b ) the average level of a one slope roof ,
between the ridge and the eaves , provided
that such roof having a slope of less than
twenty degrees with the horizontal shall be
considered a flat roof ;
c ) the average level between eaves and ridges in
the case of a rooftype not mentioned in sub-
sections a ) and b ) immediately preceding .
The height regulations shall not apply to any
ornamental dome , skylight , chimney , tower , storage
silo , elevator enclosure , flag pole or antennae ,
cupola , steeple , or church spire .
2 . 53 HOME OCCUPATION , shall mean an occupation for gain
or support conducted entirely within a dwelling as
a secondary use and only by members of the family
residing on the premises plus not more than one
( 1 ) assistant who is not a resident of the said
dwelling .
2 . 54 HOME OCCUPATION , AGRICULTURAL , shall mean an
occupation for gain or support , associated with an
agricultural use , which serves agricultural uses ,
and which is conducted by only members of the
family residing on the premises .
2 . 55 HOTEL , means any hotel , tavern , inn , lounge , or
public house in one main building or in two or
more buildings used mainly for the purposes of
catering to the needs of the travelling public by
supplying food and furnishing sleeping accommoda-
tion of not less than six ( 6 ) guest rooms , which
guest rooms contain no provisions for cooking , and
all such buildings operating under The Liquor
License Act , R . S . O . , 1970 and The Tourist Estab-
lishments Act , R . S . O . , 1970 .
2 . 56 INDUSTRIAL USE , GENERAL , shall mean the use of
land , buildings or structures for the purpose of
manufacturing , assembling , preparing , inspecting ,
ornamenting , finishing , treating , altering ,
repairing , warehousing , storing , or adapting for
sale of any goods , substance , article or thing ,
including the storage of building and construction
equipment and materials , but not including any
obnoxious industry , mine , pit , quarry or oil well .
ILLUSTRATION OF BUILDING
HEIGHT DEFINITION
•
__________
. H
• - _ _ 1 • Flat Roof
AtesiArt•
FROM RIDGE
• I EAVE
H
_ _ 1 _ Gable Roof
FRONT. SIOE
•
RIDGE
flsib 1312
•••••••1221
•
F1 .
_ _ . _ Hip Roof
FRONT � SHOE
RIDGE
I1}21 I EAVE
' H
_ _ 1 _ Gambrel Roof
FRONT SHOE
RIDGE
_ ROOF DECK LINE4.4111111111111111111111116.
All11111M 1 AllIEMIKA
• H . ____
_ _ .� _ Mansard Roof
FRONT SIDE
t
RIDGE
EAvE
H
_ _ �. _ . . One Slope Roof .
f� SCE
1-1-HEIGHT OF BUILDING NpTE: THE ABOVE ILL UST RATION tS FOR CLARIFICATION AND
CONVENIENCE ONLY ANO DOES NOT FORM
PART OF THIS BY- CAW.
- 13 -
2 . 57 INDUSTRIAL USE , LIGHT , shall mean the manufac-
turing , assembly or processing of component parts
to produce finished products suitable for retail
or service trade but does not include food ,
beverage , tobacco , rubber , leather , textile and
knitting , wood , printing , metal fabricating or
similar industries if these operations involve
stamping presses , furnaces , machinery , or the
emission of any air , noise or water pollution ,
that can be smelled , heard or otherwise perceived
outside of the building .
2 . 58 INSTITUTIONAL USE , shall mean the use of land ,
buildings or other structures for some public or
social purpose but not for commercial purposes .
These uses may include governmental , religious ,
educational , charitable , philanthropic , or other
similar but non-commercial uses and notwithstanding
the generality of the foregoing institutional uses
may include : schools , churches , municipal offices ,
post offices , hospitals , and libraries .
2 . 59 KENNEL , ANIMAL , shall mean any lot , building or
structure on or within which four ( 4 ) or more
domesticated animals more than four ( 4 ) months of
age are housed , groomed , bred , raised , boarded ,
trained , or sold and which may offer provisions
for minor medical treatment .
2 . 60 LANE , shall mean a public thoroughfare which
affords only a secondary means of access to abutting
lots and is not intended to be used for through
traffic movements .
2 . 61 LAUNDRY ESTABLISHMENT , shall mean a building , or
part thereof , in which the business of a laundry
is conducted on the ground floor , in which only
water and detergent are used , and the drying ,
ironing , and finishing of such goods r are conducted ,
which emits no odours , fumes , noise or vibration
causing a nuisance or inconvenience within or
outside the premises . A laundry establishment may
include a self-service , coin operated laundromat .
2 . 62 LIVESTOCK , shall mean farm animals kept for use ,
for propogation or intended for profit and without
limiting the generality of the foregoing , includes
dairy and beef cattle , horses , swine , sheep ,
laying hens , chicken and turkey broilers , turkeys ,
goats , ducks , geese , mink , and rabbits , but
excludes animals raised or housed as pets for
recreational or hobby purposes .
14 -
2 . 63 LOADING SPACE , shall mean a space or bay located
on a lot which is used or intended to be used for
the temporary parking of any commercial vehicle
while loading or unloading goods , merchandise or
materials used in connection with the main use of
the lot or any building thereon , and which has an
unobstructed access to a street or lane .
2 . 64 LOT , shall mean a parcel of land , described in a
registered deed or other document legally capable
of conveying land or shown as a lot or block on a
registered plan of subdivision including any of
its parts which are subject to a right-of-easement
but does not include a lot or a block on a regi -
stered plan of subdivision which has been deemed
not to be a registered plan of subdivision by a
by- law duly passed pursuant to The Planning Act ,
R . S . O . , 1970 , as amended from time to time .
2 . 65 LOT AREA , shall mean the total horizontal area
within the lot lines of a lot and in the case of a
corner lot having street lines rounding at a
corner with a radius of six ( 6 . 0 ) metres or less ,
the lot area of such a lot is to be calculated as
if the lot lines were projected to this point of
intersection .
2 . 66 LOT , CORNER , shall mean a lot situated at the
intersection of and abutting upon two ( 2 ) •streets
• which intersect at an angle of not more than one
hundred and thirty- five ( 13 5 ) degrees .
2 . 67 LOT DEPTH , shall mean the horizontal distance
between the front and rear lot lines . If these
lines are not parallel , it shall be the length of
a line joining the mid-points of the front and
rear lot lines . When there is no rear lot line ,
lot depth means the length of a straight line
joining the middle of the front lot line with the
apex of the triangle formed by the side lot lines .
2 . 68 LOT FRONTAGE , shall mean the horizontal distance
between the side lot lines of a lot measured at
right angles , but where such lot lines are not
parallel , the lot frontage shall be measured
perpendicularly to the line joining the centre of
the front and the centre of the rear lot lines at
a point six ( 6 . 0 ) metres back from the front lot
line , and where such lot lines meet , the lot
frontage shall be measured perpendicularly to the
line joining the apex of the triangle formed by
the side lot lines at a point six ( 6 . 0 ) metres
back from the front lot line .
ILLUSTRATION OF. L 0 T
. . .• ! .
a
....
.. .
. ..„,.....,
. .
/ . Mid Pont of '
Front Line
••
rft A
• • I
Mid Point of ,
iill
Front Lot line ' Distance Specified '
o' 0 in t!►t Sy. Law
I
1
♦ Md Point of I
Side Lot Line Rear ..ot Line t
1 off
F
,� id
1Depth t lot l
Side Lot Line Front and Rear Lot lye* of Triangle
LotLoFrontageMeasured on Lina Lines are not Parallelror
Deno to the Line Joining by the Side Lot tires
the Mid Point of Front Lot Line Lot Depth
to Ape: of Triangle Formed by
the Side Lot Line `� No Rear Lot line
Lot ron a e ,�
i
�4
Lot Frontage Measured on ./(1 •
Line Perpendicular to Lint
s
/ •foir+rq tr1rd Points of Front
Front Lroe UnS td Rear lot LineI Through Lot Front Lot Line i
i
Mid Point d • � � s
tN
Front Lot t.. Interior Interior
rI Lot Lot Ren lot
SOecitsed • lint _..
M the Side Lot Line ' Corner Corner" t
ey.L Lot �''� i
s d point of OP,.
` ,Rear Lot Line Lot
/ :
DeDth
FrOrt and Rear Lot
I Lines are Parallel
� Side Lot LineI Lot -
Frontage ...
Lot Lines are not Paratlet
LW Frontage
Tangents to greet
Illir#/ L mes Or awn Try oa,gh
net
Extremities of '
Interior Lot Line •
Front La Lino ` ��r• St* Lot Line
ill - am — l_ — Cornet Corner
`
Lot Cor M L a . Cur red Same \ .
Corner •
•
Caner Lot. Straight Sides
• NOTE : THE ABOVE ILLUSTRATIONS ARE
FOR CLARIFICATION AND
CONVENIENCE ONLY AND 00
NOT FORM PART OF THtS
BY- LAW.
st
Mb _ 0 _0 . . _ • .
- 15 -
2 . 69 LOT INTERIOR , shall mean a lot other than a corner
lot .
2 . 70 LOT LINES , shall mean the boundary lines of a lot
defined as follows :
a ) Front lot lines shall mean , except in the
case of a corner lot , the line dividing the
lot from the street ; in the case of a corner
lot the shorter boundary line abutting the
street shall be deemed the front lot line and
the longer boundary line abutting the street
shall be deemed the side lot line , in case
each of such lot lines should be of equal
length the front lot line shall be deemed to
be the front lot line as established in the
block by prior construction . In the case of
a through lot , the shorter boundary dividing
the lot from the street shall be deemed to be
the front lot line and the opposite longer
boundary shall be deemed to the rear lot
line . In case each of such lot lines should
be of equal length , the front lot line shall
be deemed to be the front lot line as estab-
lished in the block by prior construction .
b ) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line . In the
case of lots abutting streets on more than two
sides , the rear lot line shall mean the rear
lot line as established by prior construction .
• c ) Side lot line shall mean a lot line other
than a front or rear lot line .
2 . 71 LOT , THROUGH , shall mean a lot bounded on two
opposite sides by streets . Provided , however ,
that if any lot qualifies as being both a corner
lot and a through lot as hereinbefore defined ,
such lot shall be conclusively deemed to be a
corner lot .
Y
2 . 72 MAIN BUILDING , shall mean the building designed or
used for the principle use on the lot .
2 . 73 MAIN WALL , shall mean the exterior front , side , or
rear wall of a building , and all structural
members essential to the support of a fully
enclosed space or roof .
2 . 74 MOBILE HOME , shall be defined according to the
provisions of Section 35C ( l ) ( a ) of The Planning
Act R . S . O . , - 1970 as amended from time to time .
- 16 -
2 . 75 MOBILE HOMESTAND , shall mean that part of a Mobile
Home Lot which is reserved for the placement of a
mobile home .
2 . 76 MOBILE HOME LOT , shall mean a parcel of land under
single ownership which contains lots for mobile
homes together with commercial and recreational
uses for the Mobile Home Park residents .
2 . 78 MOTEL , shall mean one building , or two ( 2 ) or more
detached buildings for the purpose of catering to
the needs of the travelling public by furnishing
sleeping accommodation with or without supplying
food and shall include a motor court , auto court ,
and all such buildings operating under The Liquor
License Act , R . S . O . , 1970 and The Tourist Estab-
lishments Act , R . S . O . , 1970 .
2 . 79 MOTOR HOME , shall mean a structure built on and
made an integral part of a self-propelled motor
vehicle chassis other than a passenger automobile
chassis , primarily designed to provide temporary
living quarters for recreation , camping and travel
use .
2 . 80 MOTOR VEHICLE , shall mean a wheeled self -propelling
vehicle for the transportation of passengers and
goods and without limiting the generality of the
foregoing includes automobiles , trucks , buses ,
ambulances , hearses , motor homes and tractors .
2 . 81 MOTOR VEHICLE SALES ESTABLISHMENT , shall mean a
parking lot , building or lot , or part thereof ,
where motor vehicles are hired , kept or used for
hire , or where such vehicles and accessories are
stored or kept for sale , and where motor vehicles
may be oiled , greased or washed , or have their
ignition adjusted , tires inflated or batteries
charged or where repairs essential to the actual
operation of motor vehicles are executed or
performed .
2 . 82 MOTOR VEHICLE SERVICE ESTABLISHMENT , shall mean - a
building , or part of a building , or a clearly
defined space on a lot where gasoline , oil ,
grease , antifreeze , tires , tubes , tire acces-
sories , electric light bulbs , spark plugs and
batteries for motor vehicles are stored or kept
for sale , or where motor vehicles may be oiled ,
greased or washed , or have their ignition adjusted ,
tires inflated or batteries charged or where only
minor or running repairs essential to the actual
operation of motor vehicles are executed or
performed .
17 -
2 . 83
MUNICIPALITY , shall mean the Corporation of the
Village of Vienna .
2 . 84 NON-COMPLYING , shall mean that which does not
conform , comply or agree with the regulations of
P
this By-law as of the date of passing thereof .
2 . 85 NON-CONFORMING , shall mean a use , which is not a
useP ermitted in the zone in which the said use
is situated .
2 . 86 NON-RESIDENTIAL , when used with reference to a
building , structure or use , shall mean designed ,
intended or used for purposes other than those of
a dwelling .
2 . 87
NURSING HOME or REST HOME , shall mean a building
in which the proprietor supplies for hire orgain
gg
lodging with or without meals , and , in addition ,
provides nursing , medical or similar care and
treatment , if required , and shall include a rest
home or convalescent home .
2 . 88 OCCUPANCY , shall mean to reside in as owner or
tenant on a permanent or temporary basis .
2 . 89
OFFICE , GENERAL , shall mean any building or part
of a building in which one or more persons are
employed in the management , direction or con-
ducting of an agency , business , labour , or fra-
ternal organizations but excludes such uses as
retail sale , manufacture , assembly or storage of
goods ,, or places of assembly and amusement .
2 . 90 OFFICEe PROFESSIONAL , shall mean any office used
by professionally qualified persons , for the
purposes of giving advice , consultation or treat-
ment to clients or patients .
2 . 91
OUTSIDE STORAGE , shall mean the storage of goods
in the open air and in unenclosed portions of
buildings which are open to the air on the sides .
2 . 92
OWNER, shall mean the person who holds legal title
to a piece of property .
2 . 93
PARKING LOT , shall mean an area provided for the
temporary parking of two or more motor vehicles
� Y parking spaces and related
and may include aisles , p g P
entrance and exit lanes , but shall not include any
part of a public street .
AM
- 18 -
2 . 94 PARKING SPACE , shall mean an area enclosed in a
principal building , in an accessory building , or
unenclosed , having a minimum width not less than
three ( 3 . 0 ) metres , a minimum length not less than
six ( 6 . 0 ) metres , and a minimum area of not less
than eighteen ( 18 . 0 ) square metres , exclusive of
aisles or driveways and accessible to a street or
lane and set aside for the purpose - of the temporary
parking of a motor vehicle .
2 . 95 PARK , PRIVATE , shall mean a park not open to the
general public and may be operated for commercial
gain .
2 . 96 PARK , PUBLIC , shall mean an area of open land ,
maintained or owned by the Municipality or a
public authority for the enjoyment , health and
well-being of the public and normally open to the
public .
2 . 97 PERMITTED , shall mean permitted by this By- law .
2 . 98 PERSON , shall include an individual , an associa-
tion , a firm , a partnership , an incorporated
company , municipal corporation , agent or trustee
and their heirs , executors , or other legal repre-
sentatives of a person to whom the context of this
By- law can apply according to law .
2 . 99 PIT , shall include a quarry , sand or gravel pit ,
oil well or gas well and means any opening or
excavation in or working of the ground for the
purpose of removal of mineral , soil , rock , quartz ,
limestone , earth , clay , sand , gravel or natural
resource , but does not include a well intended for
private or municipal water supply .
2 . 100 PIT , WAYSIDE , shall mean a pit opened and used by
a public road authority for the purposes of a
particular road construction project or contract
only .
2 . 101 PUBLIC AUTHORITY , shall mean any school board ,
public utility commission , transportation com-
mission , public library board , board of parks
management , board of health , board of commis-
sioners of police , planning boards or commission
or committee of local authority established or
exercising any power or authority under any
general or special Statute of Ontario with respect
to any of the affairs or purposes of a munici-
pality or a portion thereof , and includes any
committee or local authority established by by- law
of the Council of the Municipality .
- 19 -
2 . 102 RESIDENTIAL USE , means the use of a building or
structure or parts thereof as a dwelling .
2 . 103 RETAIL STORE , shall mean a store or shop within
which is conducted the selling or buying of goods
or the providing of a service primarily to or from
the general public , and offices , servicing ,
manufacturing , repairing , warehousing or storage
accessory thereto and may include motor vehicle
accessories stores , bake shops , general merchan-
dise , food stores , furniture stores , variety
stores , clothing stores , hairdressers , banks ,
restaurants , and snack bars , but shall not include
an animal clinic , a vehicle sales establishment ,
a motor vehicle service establishment , a motel ,
or a public garage .
2 . 104 SCHOOL , shall mean any school established
and maintained by the Elgin County Board of
Education , or the Elgin County RC Separate
School Board .
2 . 105 SCHOOL , PRIVATE , shall mean an educational or
training establishment which is not under the
jurisdiction of a Board as defined in The De art-
ment of Education Act , R . S . O . , 1970 , as amen ed
from time to time .
2 . 106 . SENIOR CITIZEN HOME , shall mean a multiple housing
unit for the aged where over fifty ( 50 ) percent of
the dwelling units are designed , intended , and
used for persons sixty years of age or over .
2 . 107 SERVICE SHOP , shall mean any building or part
thereof where appliances and machinery are sold ,
serviced , or repaired and includes building trades
establishments but excludes any manufacturing ,
processing , or wholesaling .
2 . 108 SETBACK , shall mean the horizontal distance from
the centre line of the street allowance , measured
at right angles to such centre line , to the
nearest part of any building or structure on a
lot .
2 . 109 SHOPPING CENTRE , shall mean a building or group of
buildings planned , designed , developed , and
managed as a commercial unit having off-street
• parking provided on the site , and which building
or buildings contain one or more retail stores .
2 . 110 SIGN , shall mean a name , identification , descrip-
tion , device , display , or illustration which is
affixed to , or represented directly or indirectly
upon a building , structure or lot and which
directs attention to an object , product , place ,
activity , person , institution , organization or
business .
20 _
2 . 111 STOREY , FIRST , shall mean the lowest storey of a
building excluding the basement .
2 . 112 STOREY , HALF , shall mean the portion of a building
located wholly or partly within a sloping roof ,
having side walls not less than one ( 1 . 0 ) metre in
height and the ceiling with a minimum height of
two ( 2 . 0 ) metres over an area equal to at least
fifty ( 50 ) percent of the area of the floor next
below .
2 . 113 STREET or ROAD , shall mean a public highway as
de ined by The Municipal Act , R . S . Q . 1970 .
2 . 114 STREET , ARTERIAL or ROAD , ARTERIAL , shall mean a
street or road under the jurisdiction of the
Province of Ontario or the County of Elgin .
2 . 115 STRUCTURE , shall mean any material , object , or
work erected as a unit or constructed or put
together of connected or dependent parts or
elements whether located under , on , or above the
surface of the ground , but does not include a
sign , a fence or a swimming pool .
2 . 116 TAVERN , shall mean an establishment operating
under The Liquor License Act , R . S . O . , 1970 , where
alcoholic beverages are sold to be consumed on the
premises .
2 . 117 TOURIST HOME , refer to the definition of Boarding
House .
2 . 118 TRAVEL TRAILER , shall mean any vehicle including a
camping trailer , so constructed that it is suit-
able for being attached to a motor vehicle for the
purpose of being drawn or propelled by the motor
vehicle , but not including any vehicle unless it
is used or intended for the living , sleeping , or
eating accommodation of persons therein for
seasonal recreational activity .
2 . 119 TRUCK CAMPER , shall mean a portable structure ,
designed to be loaded onto , or affixed to , the bed
or chassis of a truck , constructed to provide
temporary living quarters for recreation , camping
or travel use .
2 . 120 USE , (when used as a noun ) shall mean the purpose
Y617 which any land , building or structure is designed ,
arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
- 21 -
2 . 121 WATER SUPPLY SYSTEM , MUNICIPAL , shall mean a
publicly-owned and operated system whereby water
is piped to more than one dwelling unit , or to
more than one commercial use , or to more than one
institutional use , or combination thereof , situated
on separate lots .
2 . 122 YARD , shall mean an open space on the same lot
with a main building or structure , unoccupied and
unobstructed except as otherwise provided in this
By- law .
a ) FRONT YARD , shall mean a yard extending
across the full width of the lot between the
front lot line and the nearest wall of the
main building on such lot . The depth of any
front yard shall be deemed to be the perpendicular
distance measured in a horizontal plane
between a point in the front lot line and the
nearest part of the main building or structure .
b ) REAR YARD , shall mean a yard extending across
the full width of the lot between the rear
lot line and the nearest wall of the main
building on such lot . The depth of any rear
yard shall be deemed to be the perpendicular
distance measured in a horizontal plane
between a point in the rear lot line and the
nearest part of the main building or structure .
c ) SIDE YARD , shall mean a yard between a building
or structure and the side lot line extending
from the front yard or front lot line ( if no
front yard is required ) to the rear yard or
rear lot line ( if no rear yard is required ) .
The depth of any side yard shall be deemed to
be the perpendicular distance measured in a
horizontal plane between a point in the side
lot line and the nearest part of the main
building or structure .
d ) SIDE YARD , EXTERIOR , shall mean a side yard
immediately adjacent to a public street .
ILLUSTRATION
DEFINITIONS
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0+0.4,..... 11••.....4 /,M, v•;• l.."/ 1. EA'i . 114"4"1"114"4"1"..Ar
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NOTE : The Above Illustration is for Clarification
and Convenience Only and does not form
part of this By. law.
.4
.. _. w. • .
- 22 -
SECTION 3 ZONES AND ZONE MAP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By- law , the maps hereto
annexed as Schedules " A" and "Al " shall be referred
to as the " Zoning Maps " for the Village of Vienna
and the zoning maps may be divided into the
following zones :
ZONE SYMBOL
Agricultural A
Residential R1
Central Commercial Cl
Local Commercial C2
Industrial M
Institutional I
Parks and Open Space OS
Future Development FD
Hazard Lands H
3 . 2 USE OF ZONE SYMBOLS
The symbols listed in Section 3 . 1 shall be used to
refer to land , buildings , and structures and the
uses thereof permitted by this By- law in the said
zones , and wherever in this By- law the word " Zone "
is used , preceeded by any of the said symbols ,
such zones shall mean a►ny area within the Village
of Vienna delineated on the zoning map and desig-
nated thereon by the said symbol .
3 . 3 APPLICATION OF REGULATIONS
No person shall within any of the zones of the
municipality use any land or erect , build , construct ,
reconstruct , relocate , excavate for , alter , add to ,
enlarge , extend or use any building or structure ,
except in conformity with this By- law for the zone
in which such land , building , structure or use is
located .
3 . 4 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of
the boundary of any of the said zones as shown on
the zoning maps , the following shall apply :
• 3 . 4 . 1 unless otherwise shown , the boundary of the zones
as shown on the zoning map are the centre lines of
the road allowance , or lanes , or lot lines and the
projection thereof ;
3 . 4 . 2 where zone boundaries are indicated as approxi-
mately following lot lines shown on a registered
plan of subdivision , such lot lines shall be
deemed to be the said boundary ;
- 23 -
3 . 4 . 3 where zone boundaries are indicated as approxi-
mately parallel to the line of any street and the
distance from such street is not indicated , such
tone boundaries shall be construed as being
parallel to such street and the distance therefrom
shall be determined by the use of the scale shown
on the zoning map ; •
3 . 4 . 4 unless otherwise indicated , a street , lane ,
railroad or railway right-of-way , or watercourse
included on the zoning map , is included within the
zone of the adjoining property on either side
thereof ; and where such street , lane , right-of-
way , or watercourse serves as a boundary between
two or more different zones , a line midway in such
street , lane , right-of way , or watercourse and
extending in the general direction of the long
division thereof is considered the boundary
between zones unless specifically indicated
otherwise .
3 . 4 . 5 in the event a dedicated street , lane , or right-
of-way shown on the map is closed , the property
formerly in said street , lane , or right-of-way
shall be included within the zone of the adjoining
property on either side of the said closed street ,
lane , right-of-way , and the zone boundary shall be
the former centre line of said closed street ,
lane , or right-of-way .
3 . 4 . 6 where any zone boundary is left uncertain after
application of the preceding provisions , then the
boundary line shall be determined according to the
• scale on Schedules "A" and "Al to this Bylaw .
- 24 -
SECTION 4 GENERAL PROVISIONS
4 . 1 APPLICATION
The provisions of this section apply in all zones
except as may be indicated otherwise .
4 . 2 ACCESSORY USES
Accessory uses , buildings , or structures , are
permitted in any yard , in any zone , subject to the
provisions of this By- law for the particular zone
in which said building or use is located , and
provided that no accessory building or use :
4 . 2 . 1 shall be used for human habitation , except where a
dwelling unit is a permitted accessory use ;
4 . 2 . 2 shall be built closer to the front lot line or
side lot line than the minimum distance required
by this By-law for the main building on the lot ;
4 . 2 . 3 shall be located in the front yard or the exterior
side yard , in the case of a corner lot ;
4 . 2 . 4 shall be built closer to the street than the main
building is to that street ;
4 . 2 . 5 shall be built closer than one ( 1 . 0 ) metre to any
lot line except :
a ) that common semi-detached private garages or
carports may be centred on the mutual lot
line ;
b ) that where a lot line abuts a public lane an
accessory building may be located not less
than one-half ( 0 . 5 ) metre from said lane .
4 . 2 . 6 shall exceed six ( 6 ) percent coverage of the total
lot area ;
4 . 2 . 7 shall exceed six ( 6 . 0 ) metres in height or contain
more than two storeys ;
4 . 2 . 8 shall be built within two ( 2 . 0 ) metres of the main
building except where a dwelling unit is a per-
mitted accessory use ;
•
4 . 2 . 9 shall be considered as an accessory building if
attached to the main building in any way except
• where a dwelling unit is a permitted accessory
use ;
- 2 5
4 . 2 . 10 shall be considered an accessory building if
located completely underground .
4 . 3 COMMERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-
law , where a commercial use is permitted as an
accessory use in an industrial zone , it shall be
located within the main building or within two
( 2 . 0 ) metres of the main building , and shall not
exceed ten ( 10 ) percent of the total floor area of
the main building or a maximum of two hundred and
eighty ( 280 . 0 ) square metres whichever is the
less . Where no buildings exist , such commercial
accessory use shall not exceed one hundred ( 100 . 0 )
square metres of floor area .
4 . 4 RESIDENTIAL ACCESSORY USES
4 . 4 . 1 Notwithstanding any other provisions of this By-
law , where a dwelling unit is permitted as an
accessory use in an industrial zone , it shall be
erected within the main building , shall have a
minimum floor area of forty ( 40 . 0 ) square metres ,
and shall be designed , used , or intended to be
used for the exclusive use of a caretaker or
security guard .
4 . 4 . 2 Notwithstanding any other provision of this By-
law , where a dwelling unit is permitted as an
accessory use in a commercial zone , it shall be
contiguous to the main commercial use , have a
minimum floor area of forty ( 40 . 0 ) square metres ,
be above or in the rear of the main commercial
use , and be used as the residence of the owner or
operator , or an employee of the owner or operator ,
of the main commercial use .
4 . 5 HOME OCCUPATIONS
Where a home occupation is permitted in a particu-
lar zone , the following provisions shall apply :
4 . 5 . 1 there is no outside storage of materials , con-
tainers , or finished products ;
4 . 5 . 2 the character of the dwelling as a private resi -
dence does not change , or a public nuisance par-
ticularly in regard to noise , traffic or parking
is not created ;
4 . 5 . 3 there is no equipment used , the operation of which
would result in any undue noise , fumes , dust , or
odour escaping to any adjoining use .
- 26 -
4 . 5 . 4 there is no external display or advertisement other
than a sign of a maximum size of one half ( 0 . 5 ) square
metre .
4 . 5 . 5 does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
ares used for home occupation or as living quarters ,
or forty ( 40 . 0 ) square metres whichever is the
lesser and , for greater clarity , such uses in-
cludes the offices or consulting room for a pro-
fession such as a physician , dentist , chiropractor ,
lawyer , engineer , accountant , teacher , musical
instructor where a single pupil is instructed at a
time , the office for a trade such as a painter or
electrician and the workroom for a dressmaker ,
milliner , or hairdresser , but does not include or
permit a clinic , any shop , tea room , tourist home ,
convalescent home , mortuary , funeral parlour ,
dancing school , rooming house , boarding house ,
hairdressing if more than two persons are engaged
in the business , or any similar use or other
commercial use or institutional use or a workshop ,
storage yard , or parking area for any of the
trades .
4 . 6 TEMPORARY USES
Notwithstanding any other provisions of this By-
law , uses such as a construction camp or other
such temporary work camp , a tool shed , mobile
home , scaffold , sign or other building incidental
to construction are permitted in any zone provided
that :
4 . 6 . 1 such uses or buildings are used only as long as
same are necessary for work in progress which has
neither been finished nor abandoned , or a period
of one year whichever is the lesser ;
4 . 6 . 2 such uses or buildings are removed when the work
for which they were permitted is terminated .
4 . 7 PROHIBITED USES
The following uses shall be prohibited in
any zone unless otherwise provided for :
4 . 7 . 1 the use of any land or the erection and use of any
building or structure for the purposes of wrecking
yards , salvage yards , dumps , the collection of
rags , junk , any refuse , scrap iron , or other scrap
metals ;
4 . 7 . 2 any use is prohibited which from its nature or the
materials used therein is declared under The Public
Health Act or any regulations adopted thereunder to
be a noxious trade , business or manufacture .
- 27 -
4 . 7 . 3 no land , building or structure shall be used in the
municipality for the industrial manufacture of coal
oil , rock oil , fuel oil , burning fluid gas , naptha ,
benzene , gasoline , dynamite , dualene , nitroglycerine ,
gun powder , petroleum and petroleum liquid material
which is likely to create danger to health , or danger
from fire or explosion .
4 . 7 . 4 no land , building or structure shall be used for the
purposes of an animal kennel in the municipality or
for the raising of livestock or for the growing of
mushrooms .
4 . 7 . 5 no land , building or structure shall be used for the
purposes of a pit or quarry in a residential , commercial ,
industrial , institutional , open space and parks ,
future development , or hazard land zone .
4 . 8 NON-CONFORMING USES
The provisions of this By- law shall not apply :
4 . 8 . 1 to prevent the use of any land , building or struc-
ture for any purpose prohibited by this By- law if
such land , building or structure was lawfully used
for such purpose on the effective date so long as
it continues to be used for that purpose ; or
4 . 8 . 2 to prevent the erection or use for a purpose
prohibited by this By- law of any building or
structure the plans for which have , prior to the
day of the passing of the By- law , been approved by
the Building Inspector , so long as the building or
structure when erected is used and continues to be
used for the purpose for which it was erected and
provided the erection of such building or struc-
ture is commenced within two years after the day
of the passing of the By- law and such building or
structure is completed within a reasonable time
after the erection is commenced .
4 . 9 NON-COMPLIANCE WITH MINIMUM
LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the
effective date on a lot having less than the
minimum frontage and/or area , or having less than
the minimum setback and/or side yard and/or rear
yard required by this By- law , the said building
may be used , enlarged , reconstructed , repaired or
renovated provided that :
4 . 9 . 1 the use , enlargement , reconstruction , repair or
renovation does not further reduce a front yard
and/or side yard and/or rear yard having less than
the minimum required by this By- law , and
4 . 9 . 2 all other applicable provisions of this By- law are
complied with .
4 . 10 EXISTING LOTS a- 28 -
Notwithstanding any other provisions of this By-
law , existing lots with less than the required lot
area or, lot frontage may be developed for a use
specified in the appropriate zone provided all
other regulations of the By- law are satisfied .
4 . 11 HAZARDOUS AREAS
4 . 11 . 1 Buildings and structures for uses permitted by
this By-law are permitted if and only to the extent
permitted by the regulations made under The Conserva-
tion Authorities Act , R . S . O . , 1970 as amended from
time to t ime .
4 . 11 . 2 Where in this By-law a front , side or rear yard is
required , and part of the area of the lot is -
covered by water or marsh for more than two months
in the year , or is beyond the rim of a river bank
or watercourse , or between the top and toe of a
cliff or embankment having a slope of thirty ( 30 )
degrees or more from the horizontal , then the
required yard shall be measured from the nearest
main wall of the main building on the lot to the
nearest edge of said area covered by water or
marsh , or to the rim of said river bank or water-
course , or to the top of the said cliff or
embankment .
4 . 12 HUMAN OCCUPANCY OF TRUCK , BUS AND COACH
BODIES OR TRAVEL TRAILERS , TRUCK CAMPERS ,
MOTOR HOMES OR TENTS
4 . 12 . 1 No truck , bus , coach or streetcar body shall be
used for human occupancy within the Municipality
whether or not the same is mounted on wheels ;
4 . 12 . 2 No travel trailer , truck camper , or motor home
shall be used for the living , sleeping or eating
accommodation of persons within the Municipality
for a period of more than sixty ( 60 ) days in any
period of ten ( 10 ) consecutive months .
4 . 13 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by
means of an outside staircase having more than ten
( 10 ) risers or a height of one and one-half ( 1 . 5 )
metres .
- 29 -
4 . 14 STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By- law , no
person shall erect a building or structure and no
person shall use any land , building , or structure ,
unless the lot or parcel to be so used or upon
which the building is situated , erected or pro-
posed to be erected abuts or fronts on a public
street or public road .
4 . 15 EXISTING LOTS
Notwithstanding any other provisions of this By-
law , existing lots with less than the required lot
area , lot frontage , or lot depth may be developed
for the uses specified in the zone in which they
are situate and the following provisons shall
apply :
a ) sewage disposal facilities meet the approval
of the Ontario Ministry of the Environment
and the local medical officer of health .
b ) all other requirements of this By- law are
satisfied .
4 . 16 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By- -
law , no private garage on any corner lot shall be
located closer than six ( 6 . 0 ) metres to either
streetline , and no portion of any driveway shall
be located closer than nine ( 9 . 0 ) metres to the
intersection of the two streetlines or their
projections .
4 . 17 MINIMUM SETBACKS FROM ARTERIAL
STREETS OR ARTERIAL ROADS
Notwithstanding any other provisions of this By- law ,
where a building or structure is erected adjacent
to a County Road , and in the absence of an estab-
lished building line , the minimum setbacks from
such arterial streets or arterial roads shall be
eighteen ( 18 ..0 ) metres from the centreline or the
required front yard depth or side yard depth of
the zone in which the building or structure is
erected , whichever is the greater .
- 30 -
4 . 18 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of
this By- law , where two main buildings less than
ninety ( 90 . 0 ) metres apart are at less than the
required set-back or yard , the building line for
the intervening space shall be a straight line
drawn between the adjacent front corners of the
existing buildings .
4 . 19 USE OF YARDS ONE LANDS WITHOUT BUILDINGS
Where land is used for or in connection with
residential , commercial , industrial , or instit-
utional uses but without any buildings or struc -
tures thereon , all yards required by this By- law
on a lot in the respective use zone shall be
provided and maintanined as yards and the appli-
cable regulations shall apply , except where the
land or lot is used for gardening or open space
purposes not prohibited by this By- law in such
use zone .
4 . 20 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open. space required
about any building for the purpose of complying
with the provisions of this By- law shall be
included as part of a yard or other open space
similarly required for another building .
4 , 21 PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By- law
shall be open and unobstructed by any structure
from the ground to the sky , provided , however ,
that those structures listed below shall be per-
mitted to project or encroach into the yards
indicated for the distances specified where
applicable :
- 31 -
Max . Projection
Structure Permitted Yard from Main Wall
window sills , belt
courses , cornices ,
eaves , gutters , chimneys ,
or pilasters any yard 0 . 5 metre
fire escapes and
exterior staircases rear yard only 1 . 5 metres
bay windows and awnings front , rear and 1 . 0 metre
exterior side yards
only
boundary wall or fence any yard --
4 . 22 PARKING REGULATIONS IN RESIDENTIAL ZONES
4 . 22 . 1 No motor vehicle shall be parked or stored in any
residential zone other than a private passenger
automobile , a motor home , travel trailer , or truck
camper , or in the case of a commercial motor
vehicle as provided for in Section 4 . 22 . 2 of this
By-law . •
4 . 22 . 2 -No commercial motor vehicle , having a capacity of
greater than 1000 kilos , shall be parked or stored
in a residential zone .
4 . 22 . 3 All parking spaces in any residential zone shall
be located in an attached or detached private
garage , or in a driveway , or in a side or rear
yard provided that the lot coverage of the spaces
shall not exceed fifteen ( 15 ) percent of the total
lot area .
4 . 23 DRIVEWAY REGULATIONS WHERE A DRIVEWAY
IS REQUIRED TO SERVE A RESIDENTIAL USE
4 . 23 . 1 The maximum width of a driveway , measured along
the sidewalk , where such exists , and along the
street line shall be nine ( 9 . 0 ) metres .
4 . 23 . 2 The minimum distance between a driveway and an
intersection of street lines measured along the
street line intersected by such driveway shall be
nine ( 9 . 0 ) metres .
4 . 23 . 3 The minimum distance between an interior side lot
line and any driveway , with the exception of a
mutual or common driveway , shall be one ( 1 . 0 )
metre .
4 . 23 . 4 The interior angle formed between the street line
and the centre line of any driveway shall not be
less than forty-five ( 45 ) degrees .
- 32 -
4 . 24 PERMITTED PUBLIC USES
The provisions of the By- law shall not apply to the
use of any land or to the erection or use of any
building or structure for the purpose of public
service by the municipality or by any local Board
thereof as defined by The Municipal Affairs Act ,
chapter 98 , R . S . O . 1970 , any telephone , telegraph ,
or gas company , any department of the Governments
of Ontario or Canada , including Ontario Hydro or any
other public authority provided that :
a ) the lot coverage , setback and yard requirements
prescribed for the zone in which such land ,
building or structure is located shall be
complied with ;
b ) no goods , material , or equipment shall be stored
in the open in a Residential Zone ;
c ) any building erected in a Residential Zone
under the authority of this paragraph shall
be designed and maintained in general harmony
with residential buildings of the type permitted
in the Zone .
4 . 25 MOBILE HOMES PROHIBITED IN ALL ZONES
It shall be prohibited to locate and use a mobile
home in any zone for the purposes of residential ,
business , industrial or institutional uses , tempor-
arily or permanently , unless the use of a mobile
home for such purposes is listed specifically in
this By- law as a permitted use within a particular
use zone . _
4 . 26 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main
side walls and roof have been erected and the ex-
ternal siding and roofing have been completed , and
sanitary conveniences installed and , where applicable ,
kitchen and heating facilities have been installed .
4 . 27 SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone there shall
apply such special regulations as may be estab-
lished by this By- law with respect to such defined
area and , in addition to such special regulations ,
all provisions of this By- law including the general
regulations applicable to the zone within which
the defined area is located shall apply to the
defined area ; provided that , unless a contrary
intention appears from the special regulations ,
- 33 -
a ) If the special regulations are different
from the corresponding regulations of this
By- law , including the general regulations
applicable to the zone within which the
defined area is located , the special regula-
tions shall supercede and prevail over such
corresponding regulations of this By- law ;
b ) If the special regulations establish one or
more specifically permitted uses of the defined
area , such permitted use or uses shall be
the only purpose or purposes for which the
defined area may be used , and
c } If the special regulations specifically
permit one or more uses in addition to those
otherwise permitted in the zone within which
the defined area is located , any and all of
the other special regulations applicable to
the defined area shall apply only to the
additional permitted use or uses and not to
uses otherwise permitted in the zone .
- 34 -
SECTION 5 AGRICULTURAL (A) ZONE REGULATIONS
5 . 1 PERMITTED USES
a ) agricultural uses
b ) farm buildings and structures including
• a single family detached dwelling
c ) existing residential uses
d ) forestry uses
e ) horticultural nurseries and commercial
greenhouses
f ) pits and quarries
g ) home occupations and agricultural home occupations
h ) accessory uses
5 . 2 PROHIBITED USES
• Any livestock agricultural uses including feedlots ,
piggeries , poultry farms , mushroom farms , dog
kennels , and farms for the raising of horses ,
mink , rabbits , goats and sheep shall be
prohibited .
5 . 3 PERMITTED BUILDINGS AND STRUCTURES
a ) agricultural buildings and structures including
one ( 1 ) one-family detached dwelling accessory
thereto
b ) existing single-family detached dwellings
c ) accessory buildings in connection with the
permitted uses
5 . 4 MINIMUM LOT AREA
a ) 10 . 0 hectares for permitted agricultural uses
b ) 1 , 855 . 0 square metres for permitted residential
uses
5 . 5 MINIMUM LOT FRONTAGE
a ) 150 . 0 metres for permitted agricultural uses
b ) 30 . 0 metres for permitted residential uses
35 _
5 . 6 MINIMUM LOT DEPTH
60 . 0 metres for permitted
residential uses
5 . 7 MINIMUM FLOOR AREA OF DWELLINGS
80 . 0 square metres for a single- family detached
dwelling
5 . 8 MAXIMUM BUILDING COVERAGE
20 percent
5 . 9 MINIMUM FRONT YARD
18 . 0 metres
5 . 10 MINIMUM SIDE YARD
6 . 0 metres
5 . 11 MINIMUM REAR YARD
15 . 0 metres
•
- 36 -
•
SECTION 6 RESIDENTIAL ( R1 ) ZONE REGULATIONS
6 . 1 PERMITTED USES
a ) residential uses
b ) home occupations
c ) accessory uses
6 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single- family detached dwelling on one lot
b) accessory buildings and structures for the
permitted uses
6 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 1 , 380 . 0 square metres .
Where municipal sanitary sewage disposal facilities
• are not available but a piped municipal water
supply or a communal water supply is available
- 750 . 0 square metres .
6 . 4 MINIMUM LOT FRONTAGE
Where a municipal sanitary sewer and a piped
municipal water supply or communal water supply
service are not available - 30 . 0 metres ( 98 . 4 ft . ) .
Where only a piped municipal or communal water
supply is available - 20 . 0 metres ( 65 . 6 ft . ) .
6 . 5 MINIMUM LOT DEPTH
s
Where a municipal sanitary sewer and a piped
municipal water supply or communal water supply
service are not available - 46 . 0 metres .
Where only a piped municipal or communal water
supply is available - 37 . 5 metres .
6 . 6 MAXIMUM BUILDING COVERAGE
•
30 percent
6 . 7 MINIMUM FLOOR AREA
80 . 0 square metres
- 37 -
6 . 8 MINIMUM FRONT YARD
7 . 0 metres
6 . 9 MINIMUM SIDE YARD
a ) Where a garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above the first storey on each side of the
combined building .
b ) Where no garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above the first storey on one side of the
main building and a minimum of 3 metres on
the other side of the main building .
c ) On a corner lot , the side yard abutting a
public street shall be a minimum of 3 . 5 metres
and the side yard on the other side of the
main building shall be a minimum of 1 . 5
metres .
6 . 10 MINIMUM REAR YARD
7 . 0 metres
6 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) Except as provided in paragraph b ) of this
clause , no accessory building shall be
located within 1 . 5 metres of a side or rear
lot line .
b ) Notwithstanding the provisions of paragraph
a ) , no accessory building shall be located
within 6 . 0 metres of a public street .
c ) Maximum Height - 3 . 5 metres
d ) Maximum Floor Area - 18 . 5 square metres
, 9ei
f wti
- 36 - fi641
SECTION 6 RESIDENTIAL ( R1 ) ZONE REGULATIONS
6 . 1 PERMITTED USES leSQQ
a ) residential uses ,%time
b ) home occupations
c ) accessory uses
6.. 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single-family detached dwelling on one lot
b ) accessory buildings and structures for the
permitted uses
6 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 1 , 380 . 0 square metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water
supply or a communal water supply is available
- 810 . 0 square metres..
6 . 4 MINIMUM LOT FRONTAGE
Where a municipal sanitary sewer and a piped
municipal water supply or communal water supply
service are not available - 30 . 0 metres .
Where only a piped municipal or communal water
supply is available - 21 . 5 metres .
6 . 5 MINIMUM LOT DEPTH
Where a municipal sanitary sewer and a piped
municipal water supply or communal water supply
service are not available - 46 . 0 metres .
Where only a piped municipal or communal water
supply is available - 37 . 5 metres .
6 . 6 MAXIMUM BUILDING COVERAGE
30 percent
6 . 7 MINIMUM FLOOR AREA
80 . 0 square metres
- 37 -
6 . 8 MINIMUM FRONT YARD
7 . 0 metres
6 . 9 MINIMUM SIDE YARD
a ) Where a garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above the first storey on each side of the
combined building .
b ) Where no garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above the first storey on one side of the
main building and a minimum of 3 metres on
the other side of the main building .
c ) On a corner lot , the side yard abutting a
public street shall be a minimum of 3 . 5 metres
and the side yard on the other side of the
main building shall be a minimum of 1 . 5
metres .
6 . 10 MINIMUM REAR YARD
7 . 0 metres
6 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) Except as provided in paragraph b ) of this
clause , no accessory building shall be
located within 1 . 5 metres of a side or rear
lot line .
b ) Notwithstanding the provisions of paragraph
a ) , no accessory building shall be located
within 6 . 0 metres of a public street .
c ) Maximum Height - 3 . 5 metres
d ) Maximum Floor Area - 18 . 5 square metres
_ 38 -
SECTION 7 CENTRAL COMMERCIAL ( Cl ) ZONE REGULATIONS
7 . 1 PERMITTED USES
Automobile service stations , automobile and accessory
sales rooms , new and used automobile lots ,/ public
garages and automobile repair shops , automobile
rental and taxi establishments , but not including
automobile body shops .
Auctioneer ' s premises .
Banks and other financial institutions .
Barber shops and beauty parlours .
Bus Station .
Bakeries .
Convenience Plaza .
Farm equipment sales and service outlets .
Funeral homes or undertaking establishments .
Hotels , motels , taverns .
Laundry and dry-cleaning establishments .
Newspaper offices and plants or printing establishments .
Offices ( commercial and professional ) .
Public and private hospitals and nursing homes and
small animal clinics .
Recreation and entertainment establishments .
Restaurants or snack bars .
Retail stores or service shops not engaged in
manufacturing on the premises unless such manufacturing
is incidental to such retail business , does not
exceed fifty ( 5 0 ) percent of the total floor area
of the establishment and the products manufactured
are primarily for sale at retail on the premises .
Tourist homes and boarding and rooming houses
connected to and forming an integral part of the
commercial building and located over the first
storey commercial use .
- 39 _
Residential uses connected to and forming an
integral part of the commercial building and
located over the first storey commercial use , to a
maximum of two storeys Above the permitted commercial
use except that , residential uses will not be
permitted within a building that contains a public
garage or an automobile service station .
Buildings accessory to the foregoing uses .
7 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) Buildings and structures for the permitted
uses .
b ) Accessory buildings and structures for the
permitted uses .
7 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or communal
water supply are not available - 1380 . 0 square
metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water
supply or a communal water supply is available -
810 . 0 square metres .
7 . 4 MINIMUM LOT FRONTAGE
a ) Where municipal sanitary sewage disposal
facilities and a piped municipal water supply
or a communal water supply are not available -
24 . 0 metres .
b ) Where only a piped municipal or communal
water supply is available - 20 . 0 metris .
7 . 5 MINIMUM LOT DEPTH
a ) Where municipal sanitary sewage disposal
facilities and a piped municipal water supply
or a communal water supply are not available -
57 . 5 metres .
b ) Where only a piped municipal or communal
water supply is available - 40 . 0 metres .
7 . 6 MAXIMUM BUILDING COVERAGE •
40 percent
7 . 7 MAXIMUM BUILDING HEIGHT
12 . 0 metres
- 40 -
7 . 8 MINIMUM FRONT YARD
a ) 3 . 0 metres along the south side of Front Street
between Main Street and King Street .
b ) no front yard is required along the north side
of . Front Street between Main Street and King
Street .
c ) 6 . 0 metres for all other cases .
7 . 9 MINIMUM SIDE YARD
Where the yard abuts a Residential or Parks and Open Space
Zone 4 . 0 metres , otherwise no side yard shall be required .
7 . 10 MINIMUM REAR YARD
6 . 0 metres
7 . 11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES
PERMITTED IN SECTION 7 . 1
a ) Minimum Lot Area Per Dwelling Unit :
460 . 0 square metres minimum in addition to the
requirements established in Section 7 . 3
b ) Floor Area
Type of Dwelling Minimum Floor Area
Bachelor Unit 45 . 0 square metres
One-bedroom Unit 55 . 0 square metres
Two or more bedrooms 70 . 0 square metres
One single-family
dwelling 80 . 0 square metres
- 41 -
SECTION 8 LOCAL COMMERCIAL (C2 ) ZONE REGULATIONS
8 . 1 PERMITTED USES
a convenience plaza
• a neighbourhood retail or variety store or service
shop
an insurance and real estate office
a medical office or clinic •
an auction room
an automobile service station or public garage
a storage depot for a commerical trucking operation
dwellings connected to and forming an integral part
of the commercial building and provided with a separate
access , except that residential uses will not be
permitted within a building that contains an automobile
service station or public garage .
buildings accessory to the foregoing uses
8 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) Buildings and structures for the permitted
uses .
b ) Accessory buildings and structures for the
• . permitted uses .
8 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped water supply or a communal water supply
are not available - 1 , 380 square metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 810 . 0
square metres .
8 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 24 . 0 metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 20 . 0 metres .
- 42 -
8 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 57 . 5 metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 40 . 0 metres .
8 . 6 MAXIMUM BUILDING COVERAGE
40 percent .
8 . 7 MAXIMUM BUILDING HEIGHT
6 . 0 metres .
8 . 8 MINIMUM FRONT YARD
7 . 5 metres .
8 . 9 MINIMUM SIDE YARD
4 . 0 metres .
8 . 10 MINIMUM REAR YARD
a ) Where the yard abuts a Commercial or Industrial
Zone : 6 . 0 metres .
b ) Where the building contains residential
accommodation : 10 . 0 metres .
c ) Where the yard abuts a Residential or Parks and
Open Space Zone : 10 . 0 metres .
8 . 11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES
PERMITTED IN SECTION 8 . 1
a ) Lot Area per Dwelling Unit
460 . 0 square metres minimum in addition to the
requirements established in Section 8 . 3 .
b ) Floor Area
Type of Dwelling Minimum Floor Area
Bachelor Unit 45 . 0 square metres
One-bedroom Unit 55 . 0 square metres
Two or more bedrooms 70 . 0 square metres
- 43 -
8 . 12 VEHICLE STORAGE
In a Local Commercial ( C2 ) Zone , any person who
conducts a commercial undertaking in which commer-
• cial vehicles are stored on the premises shall
provide and use for the storage of such vehicles
an enclosed building that is designed , constructed
and maintained in general harmony with the commer-
cial buildings and the residential buildings in and
around the Local Commercial Zone .
8 . 13 SHOPPING CENTRES PROHIBITED
Shopping Centres are not permitted in the local
Commercial Zone ( C2 ) .
- 44 -
SECTION 9 INDUSTRIAL (M) ZONE REGULATIONS
9 , 1 PERMITTED USES
manufacturing and industrial operations
warehousing and storage uses
automobile body shops
offices and retail outlets related to the industrial
operations carried on in the same building
dwelling unit or units in a portion of the non-
residential building , in conformity with the floor
space regulations for an R1 Zone , for one care-
taker or one person and his family employed in
the manufacturing and industrial operations or
uses permitted in this subsection .
9 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) Buildings and structures for the permitted
uses .
b ) Accessory buildings and structures for the
permitted uses .
9 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 1 , 380 . 0 square
metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 900 . 0
square metres .
9 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 30 . 0 metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water
supply or a communal water supply is available -
2 3 . 0' metres .
•
•
- 45 -
9 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 46 . 0 metres ,
•
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water
supply or a communal water supply is available -
39 . 0 metres .
9 . 6 MAXIMUM LOT COVERAGE
65 percent
9 . 7 MAXIMUM BUILDING HEIGHT
12 . 0 metres
9 . 8 MINIMUM FRONT YARD
9 . 0 metres
9 . 9 MINIMUM SIDE YARD
4 . 0 metres except where the use abuts a Residen-
tial or Park and Recreation Zone in whch case the
yard will be 7 . 0 metres .
9 , 10 MINIMUM REAR YARD
7 . 0 metres except where the use abuts a Residen-
tial or Parks and Open Space Zone in which case the
yard shall be 10 . 0 metres .
9 . 11 STORAGE
a ) No storage shall be permitted outside the building
or buildings on the lot until a fence of a minimum
1 . 5 metres in height is erected and maintained at
all times around the area of the lot to be used
for storage .
b ) No storage shall be permitted outside the building
or buildings on the lot in the front yard , or in a
side or rear yard which fronts , is opposite to , or
abuts a Residential or Parks and Open Space Zone .
- 46 -
SECTION 10 INSTITUTIONAL ( I ) ZONE REGULATIONS
10 . 1 PERMITTED USES
Institutional uses including churches , schools ,
and librairies ; clinics , hospitals and convalescent
homes ; government offices and accessory uses .
•
10 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) Buildings and structures for the permitted uses .
b) Accessory buildings and structures for the
permitted uses .
10 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 1 , 380 . 0 square metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 900 . 0
square metres .
10 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 30 . 0 metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 23 . 0 metres .
10 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply or a communal
water supply are not available - 46 . 0 metres .
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 39 . 0 metres .
10 . 6 MAXIMUM LOT COVERAGE
40 percent
10 . 7 MAXIMUM BUILDING HEIGHT
12 . 0 metres
- 47
10 . 8 MINIMUM FRONT YARD
Ten and one-half ( 10 . 5 ) metres except that where
the lot fronts onto a King ' s Highway and any con-
necting links or concession roads , it shall
be eighteen ( 18 . 0 ) metres from the property line of
the said- road .
10 . 9 MINIMUM SIDE YARD
6 . 0 metres
10 . 10 MINIMUM REAR YARD
4 . 0 metres
a
•
- 48 -
SECTION 11 PARKS AND OPEN SPACE (OS ) ZONE REGULATIONS
11 . 1 PERMITTED USES
public or private parks , including playgrounds
conservation area , picnic facilities
public buildings , including a museum or exhibition
arenas and areas or community halls
parking area (public )
dwelling unit for a caretaker or an essential
workman whose presence on the premises is necessary
at all times
buildings and uses accessory to the above uses
11 . 2 REGULATIONS FOR BUILDINGS
Any building erected in a Parks and Open Space (OS ) Zone
shall be set back a minimum distance of 7 . 5 metres
from any lot line and shall not cover more than twenty
( 2 0 ) percent of the area of the lot .
- 49 -
SECTION 12 FUTURE DEVELOPMENT ZONE ( FD ) REGULATIONS
12 . 1 PERMITTED USES
a ) existing buildings , structures and uses
b ) buildings , structures and uses accessory to
, the permitted uses
12 . 2 SITE AND BUILDING REGULATIONS
a ) The minimum lot area and frontage , the minimum
front , side and rear yard depths , the maximum
lot coverage and building height , shall remain
as they lawfully existed on the effective
date of the passing of this By- law .
b ) The foregoing shall not apply to prevent the
enlargement of dwellings or the erection of
buildings accessory thereto subject to com-
pliance with the regulations in Section 4 . 2 .
12 . 3 REGULATIONS FOR ACCESSORY BUILDINGS
Notwithstanding the regulations in Section 4 . 2 ,
the following regulations shall apply :
a ) The maximum floor area of an accessory building
shall be 18 . 5 square metres .
b ) The maximum height of an accessory building
shall be 4 . 0 metres .
- 50 -
SECTION 13 HAZARD LAND ( H ) ZONE REGULATIONS
13 . 1 GENERAL USE REGULATIONS
13 . 1 . 1 PERMITTED USES
• Any' outdoor recreation use , including public and
private parks and golf courses ; conservation activities ,
wildlife areas and forestry ; agriculture and horticultural
nurseries .
13 . 1 . 2 PROHIBITED BUILDINGS
Buildings and structures , except those necessary
for flood prevention and control , are prohibited .
13 . 2 SPECIAL USE REGULATIONS
The special regulations contained in this subsection
13 . 2 shall apply to the areas defined below :
13 . 2 . 1
13 . 2 . 1 . 1 DEFINED AREA
H-R1 as shown on Schedule " A- 1 " to this By- law .
13 . 2 . 1 . 2 OTHER PERMITTED USES
s
Residential uses , home occupations and accessory uses
in addition to all other uses permitted in the H Zone .
13 . 2 . 1 . 3 PERMITTED BUILDINGS AND STRUCTURES
a ) one single- family detached dwelling on one lot
b ) accessory buildings and structures for the
permitted uses
13 . 2 . 1 . 4 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 810 . 0 square
metres .
13 . 2 . 1 . 5 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 21 . 5 metres .
13 . 2 . 1 . 6 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
or a communal water supply is available - 37 . 5 metres .
- 51 -
13 . 2 . 1 . 7 MAXIMUM BUILDING COVERAGE
30 percent
13 . 2 . 1 . 8 MINIMUM FLOOR AREA
80 . 0 square metres
13 . 2 . 1 . 9 MINIMUM FRONT YARD
7 . 0 metres
13 . 2 . 1 . 10 MINIMUM SIDE YARD
a ) Where a garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above the first storey on each side of the
combined building .
b ) Where no garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5
metres for each additional or partial storey
above . the first storey on one side of the
main building and a minimum of 3 . 0 metres on
the other side of the main building .
c ) On a corner lot , the side yard abutting a
public street shall be a minimum of 3 . 5 metres
and the side yard on the other side of the
main building shall be a minimum of 1 . 5 metres .
13 . 2 . 1 . 11 MINIMUM REAR YARD
7 . 0 metres
13 . 2 . 1 . 12 REGULATIONS FOR ACCESSORY BUILDINGS
a ) Except as provided in paragraph b) of this
clause , no accessory building shall be
located within 1 . 5 metres of a side or rear
lot line .
b ) Notwithstanding the provisions of paragraph
a ) , no accessory building shall be located
within 6 . 0 metres of a public street .
c ) Maximum Height - 3 . 5 metres
d ) Maximum Floor Area - 18 . 5 square metres
13 . 2 . 1 . 12 BUILDING REGULATIONS
No building may be erected , enlarged , extended ,
reconstructed or built with openings below
the minimum elevation of 179 . 8 metres ( 590 feet )
Canadian Geodetic Datum .
- 52 -
13 . 2 . 2
13 . 2 . 2 . 1 DEFINED AREA
H-Cl as shown on Sechedule "A-1 " to . this By-law .
13 . 2 . 2 . 2 OTHER PERMITTED USES
i
Existing commercial uses in addition to all other
uses permitted in the H Zone .
13 . 2 . 2 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES
The existing buildings and structures .
13 . 2 . 2 . 4 BUILDING REGULATIONS
No building may be erected , enlarged , extended ,
reconstructed or built with openings below the
minimum elevation of 179 . 8 metres ( 590 feet)
Canadian Geodetic Datum .
13 . 2 . 3
13 . 2 . 3 . 1 DEFINED AREA
H-I as shown on Schedule "A-1 " to this By-law .
13 . 2 . 3 . 2 OTHER PERMITTED USES
Existing institutional uses in addition to all other
uses permitted in the H Zone .
13 . 2 . 3 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES
The existing buildings and structures .
13 . 2 . 3 . 4 BUILDING REGULATIONS
No building may be erected , enlarged , extended ,
reconstructed or built with openings below the
minimum elevation of 179 . 8 metres ( 590 feet)
Canadian Geodetic Datum .
13 . 2 . 4
13 . 2 . 4 . 1 DEFINED AREA
H-M as shown on Schedule "A- 1 " to this By-law .
13 . 2 . 4 . 2 OTHER PERMITTED USES
Industrial uses in addition to all other uses
permitted in the H Zone .
- 53 -
13 . 2 . 4 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES
Buildings and Structures for the permitted uses .
13 . 2 . 4 . 4 BUILDING REGULATIONS
No building may be erected , enlarged , extended ,
reconstructed or built with openings below the
minimum elevation of 179 . 8 metres ( 590 feet )
Canadian Geodetic Datum .
Read a FIRST time this 9th . day of July , 1981
Read a SECOND time this 9th . day of July , 1981
Read a THIRD time and passed this 9th day of July , 1981
ec-• A
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VILLAGE OF VIENNA
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SCHEDULE "A"
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This is Schedule A
to By- law No . 777
;;s'° C2 LOCAL COMMERCIAL
passed the 9th day71.1;ofM INDUSTRIAL
July , 1981 .
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H s . a to By-law No. 777
I • z _•A he�� passed the 9th day of
H-RS o eS
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Township of 44111k I Townshipof 8a ha■
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TABLE I TO CONVERT METRES TO FEET , AND FEET TO METRES
I- 1 To convert metres to feet , divide the number of metres by tit
conversion factor , i . e . :
Xv0 . 3048 - Y
where X - number of metres
0 . 3048 - conversion factor
Y - number of feet •
For example :
metres feet rounded
0 . 5 1 . 64 1 . 5
1 . 0 3 . 28 3 . 5
1 . 5 4 . 92 5 . 0
2 . 0 6 . 56 6 . 5
2 . 5 8 . 20 8 . 0
3 . 0 9 . 84 10 . 0
3 . 5 11 . 48 11 . 5
4 . 0 13 . 12 13 . 0
4 . 5 14 . 76 15 . 0
5 . 0 16 . 40 16 . 5
6 . 0 19 . 68 19 . 5
7 . 5 24 . 61 24 . 5
8 . 0 26 . 24 26 . 0
9 . 0 29 . 52 29 . 5
• 10 . 0 32 . 81 33 . 0
10 . 5 34 . 45 34 . 5
• 12 . 0 39 . 37 39 . 5
14 . 0 45 . 93 46 . 0
15 . 0 49 . 21 49 . 0
17 . 0 55 . 77 56 . 0
18 . 0 59 . 05 59 . 0
. . 18 . 5 60 . 97 61 . 0
20 . 0 65 . 62 65 . 5
Z1 . 0 68 . 9.0 69 . 0
22 . 0 72 . 17 72 . 0
25 . 0 . 82 . 02 82 . 0
26 . 0 85 . 30 - 85 . 5
. 30 . 0 98 . 42 98 . 5
30 . 5 100 . 07 100 . 0
32 . 0 104 . 99 105 . 0
35 . 0 114 . 83 115 . 0
40 . 0 131 . 23 131 . 0
45 . 0 147 . 64 147 . 5
50 . 0 164 . 04 164 . 0
• 55 . 0 180 . 45 180 . 5
60 . 0 196 . 85 197 . 0
70 . 0 • 229 . 65 229 . 0
80 . 0 262 . 47 262 . 5
90 . 0 295 . 28 295 . 5
100 . 0 328 . 08 , 328 . 0
150 . 0 492 . 12 492 . 0
_
TABLE I . . . . . continued
I- 2 t To convert feet to metres , multiply the number of feet times
the conversion factor , i . e . :
X x 0 . 3048 = Y
where X - . number of feet
0 . 3048 = conversion factor
Y = number of metres
• For example :
feet metres rounded
1 . 0 0 . 30 0 . 3
2 . 0 0 . 61 0 . 5
3 . 0 0 . 91 1 . 0
4 . 0 1 . 22 1 . 0
S . 0 1 . 52 1 . 5
6 . 0 1 . 83 2 . 0
7 . 0 2 . 13 2 . 0
7 . 5 2 . 29 2 . 5
0 8 . 0 2 . 44 2 . 5
9 . 0 2 . 74 2 . 5
10 . 0 3 . 05 3 . 0
12 . 0 3 . 66 3 . 5
13 . 0 3 . 96 4 . 0
14 . 0 4 . 27 4 . 5
15 . 0 4 . 57 4 . 5
20 . 0 6 . 10 6 . 0
25 . 0 7 . 62 7 . 5
30 . 0 9 . 14 9 . 0
35 . 0 10 . 66 10 . 5
40 . 0 12 . 19 12 . 0
45 . 0 13 . 72 14 . 0
50 . 0 15 . 24 15 . 0
55 . 0 16 . 76 17 . 0
60 . 0 18 . 29 18 . 5
• 65 . 0 19 . 81 20 . 0
70 . 0 • • 21 . 34 21 . 5
75 . 0 22 . 86 23 . 0
80 . 0 24 . 38 25 . 0
85 . 0 25 . 90 26 . 0
90 . 0 . 27 . 43 27 . 5
100 . 0 30 . 48 30 . 5
105 . 0 32 . 00 32 . 0
115 . 0 35 . 05 35 . 0
120 . 0 36 . 58 36 . 5
130 . 0 39 . 62 40 . 0
140 . 0 42 . 67 42 . 5
150 . 0 45 . 72 46 . 0
180 . 0 54 . 86 55 . 0
200 . 0 60 . 96 60 . 0
•
300 . 0 91 . 44 91 . 5
400 . 0 121 . 92 122 . 0
f •
NOTE : The above table is for explanation and convenience
only and does not form part of the By-law .
•
imummommik
TABLE II TO CONVERT SQUARE METRES TO SQUARE FEET ,
AND SQUARE FEET TO SQUARE METRES
II - 1 To convert square metres to square feet , divide the number of
square metres by the conversion factor , i . e . :
X , 0 . 09290304 • Y
where X is number of square metres
0 . 09290304 in conversion factor
Y • number of square feet
For example :
square metres ,square feet, rounded
•
0 . 5 5 . 38 5 . 5
1 . 0 10 . 76 11 . 0
1 . 5 16 . 15 16 . 0
2 . 0 21 . 53 21 . 5
3 . 0 32 . 29 32 . 5 .
4 . 0 43 . 06 43 . 0
4 . 5 48 . 43 48 . 5
9 . 0 96 . 88 97 . 0
10 . 0 107 . 64 107 . 5
14 . 0 150 . 69 151 . 0
18 . 5 199 . 13 199 . 0
19 . 0 204 . 51 204 . 5
30 . 0 322 . 92 323 . 0
40 . 0 430 . 56 430 . 5
45 . 0 484 . 38 484 . 5
55 . 0 592 . 02 592 . 0
65 . 0 699 . 65 700 . 0
70 . 0 753 . 47 753 . 5
75 . 0 807 . 30 807 . 0
80 . 0 861 . 11 861 . 0
90 . 0 968 . 75 969 . 0
• 95 . 0 1 , 022 . 57 1 , 022 . 5
100 . 0 1 , 076 . 39 1 , 076 . 5
130 . 0 1 , 399 . 30 1 , 399 . 0
200 . 0 _ 2 , 152 . 78 2 , 153 . 0
230 . 0 2 , 475 . 70 2 , 416 . 0
280 . 0 3 , 013 . 89 3 , 014 . 0
300 . 0 3 , 229 . 17 3 , 229 . 0
375 . 0 4 , 036 . 47 4 , 036 . 5
465 . 0 5 , 005 . 22 5 , 005 . 0
500 . 0 5 , 381 . 96 5 , 382 . 0
550 . 0 5 , 920 . 15 5 , 920 . 0
600 . 0 6 , 458 . 35 6 , 458 . 5
695 . 0 ' 7 , 480 . 91 7 , 481 . 0
4 700 . 0 7 , 534 . 74 7 , 535 . 0
750 . 0 8 , 072 . 93 8 , 073 . 0
930 . 0 10 , 010 . 44 10 , 010 . 5
TABLE II . . . . . continued
114P2 To convert square feet to square metres multiply the number of
square feet times the conversion factor , i . e . :
X x 0 . 09290304 = Y
where X = number of square feet
0 . 09290304 = conversion factor
Y = number of square metres ( m2 )
For example :
4
square feet • square metre3 rounded
4 0 . 37 0 . 5
6 0 . 56 0 . 5
9 0 . 84 1 . 0
12 1 . 11 1 . 0
30 2 . 79 3 . 0
32 2 . 97 3 . 0
40 3 . 71 3 . 5
50 4 . 64 4 . 5
100 9 . 29 9 . 5
150 13 . 94 14 . 0
200 18 . 58 18 . 5
300 27 . 87 28 . 0
400 37 . 16 37 . 0
500 46 . 45 46 . 5
600 55 . 74 55 . 5
700 65 . 03 65 . 0
720 66 . 89 67 . 0
750 69 . 68 69 . 5
850 78 . 97 79 . 0
900 83 . 61 84 . 0
1 , 000 92 . 90 93 . 0
1 , 200 111 . 48 111 . 5
1 , 800 167 . 22 167 . 0 '.
2 , 000 185 . 80 186 . 0
2 , 500 232 . 26 232 . 0
3 , 000 278 . 70 279 . 0
4 , 000 371 . 61 371 . 5
5 , 000 464 . 50 464 . 5
5 , 500 510 . 97 511 . 0
6 , 000 557 . 41 557 . 5
7 , 500 696 . 77 697 . 0
8 , 500 789 . 68 789 . 5
9 , 000 836 . 12 836 . 0
10 , 000 929 . 03 930 . 0
15 , 000 1393 . 54 1393 . 5
20 , 000 1858 . 06 1860 . 0
25 , 000 2322 . 57 2322 . 5
30 , 000 2787 . 09 2787 . 0
43 , 560 ( 1 ac ) 4046 . 85 4046 . 5
87 , 120 ( 2 ac ) 8093 . 71 8094 . 0 ( 0 . 8 ha )
1 , 089 , 000 ( 25 ac ) 101171 . 41 101171 . 5 ( 10 . 1 ha )
NOTE : The above table is for explanation and convenience
only and does not form part of the By - law .
CI
I
CORPORATION OF THE
VILLAGE OF VIENNA
DRAINAGE BY- LAW NO . 778
The Drainage Act , 1975 , Chapter 79 , Section 45 ( 1 ) ; Form 6
I
A By-Law to provide for a drainage works in the Village of Vienna
in the Couney of Elgin and for borrowing on the credit of the
municipality the sum of $ 11 , 100 . 00 for completing the drainage
works . ( a )
WHEREAS the requisite number of owners , as shown by the last
revised assessment roll , of the property hereinafter set forth
requiring drainage have petitioned the Council of the Village
of Vienna requesting that the following lands and roads may be
drained by a drainage works . ( b )
Chapel Street in the Village of Vienna and Lot 14 ,
Concession 3 and road allowance in the Township of
Bayham .
AND WHEREAS , the Council has procured a report made by SPRIET
ASSOCIATES and the report is as follows : ( c )
AND WHEREAS the Council is of the opinion that the drainage of
the area described is desirable ;
THEREFORE the Council of the Village of Vienna pursuant to The
Drainage Act , 1975 , enacts as follows :
1 . The report is hereby adopted , and the drainage works as there-
in indicated and set forth are hereby authorized and shall be
completed in accordance therewith .
2 . The Corporation of the Village of Vienna may borrow on the
credit of the Corporation the sum of $ 11 , 100 . 00 ( d ) being the
funds necessary for the drainage works , not otherwise
provided for provided that such sum shall be reduced by the
amount of grants and commuted payments with respect to the land
and roads assessed .
3 . For paying the sum of $ 2 , 230 . 00 , the amount charged against
such lands and roads apart from lands and roads belonging to or
controlled by the municipality .
Township of Bayham - Roads and lands - Assessed $2 , 230 . 00
4 . For paying the sum of $8 , 870 . 00 the amount assessed against
such roads and lands of the municipality .
5 . This By-law comes into force on the passing thereof and may
be cited as the "CHAPEL STREET DRAIN BY-LAW . "
FIRST READING May 13th . , 1982 .
SECOND READING May 13th . , 1982
PROVISIONALLY ADOPTED this 13th . day of May , 1982
mum- CLERK
THIRD READING
ENACTED this /044 day of 1982
REEVE • CLERK
NOTICE OF SITTING OF COURT OF REVISION
Notice is hereby given that a Court of Revision will be held at
the Public Library , Vienna , Ontario on the 10th . day of June ,
1982 at 8 : 30 P . M . o ' clock in the afternoon to hear any owner of
land , or , where roads in the local municipality are assessed , any
ratepayer , who complains that his or any other land or road has
been assessed too high or too low or that any land or road that
should have been assessed has not been assessed , or that due
consideration has not been given or allowance made as to type of
use of land , who personally , or by his agent , has given notice
in writing to the clerk of the municipality that he considers
himself aggrieved for any or all such causes .
Clerk of the Municipality
If no notice of intention to make application to quash a by- law
is served upon the clerk of the municipality within ten days
after the passing of the by- law or , where a notice of intention
has been given , if an application to quash is not made to the
referee within three months after the passing of the by- law , the
by-law , or so much thereof as is not the subject of or is not
quashed upon any such application is valid and binding accord-
ing to its terms , so far as it prescribes or directs anything
within the proper competence of the council : The Drainage Act ,
1975 .
a
4
f
THE CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY-LAW NO . 779
BEING A BY- LAW to set the mill rate for 1981 .
WHEREAS the Corporation has assessment of $439 , 340 . , being
$ 108 , 710 . Public Commercial ; $ 321 , 775 . Public Residential ;
$ 1 , 755 . Separate Commercial ; $ 7 , 100 . Separate Residential .
AND WHEREAS THE Corporation deems it necessary to raise
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF VIENNA .
1 . That the mill rate for the year 1981 be :
PUBLIC SEPARATE
Residential -Commercial Residential -Commercial
General Village 101 . 248 119 . 115 101 . 248 119 . 115
County of Elgin 13 . 751 16 . 178 13 . 751 16 . 178
Elementary School 35 . 666 41 . 960 37 . 317 43 . 902
Secondary School 30 . 504 35 . 887 30 . 504 35 . 887
181 . 169 213 . 140 182 . 820 215 . 082
2 . The aforelisted mill rates shall be levied upon all properties
in the Village of Vienna in their respective school categories and
the resulting taxes shall be paid in three instalments being 1st .
Instalment on or before April 15th . , 2nd . Instalment on or before
August 17th . and 3rd . Instalment on or before Nov . 16th . provided
however , that taxes have a gross value of Fifteen Dollars or less ,
shall 'become due and payable on August 17th . , 1981 . Discounts for
prepayments and penalties for defaulted payments shall ballowed
as per schedule followed in previous years .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 11th .
DAY OF July , 1981
(2C-
AII "
REEVE CLERK
THE CORPORATION OF THE
VILLAGE OF VIENNA
BY- LAW NO . 779
BEING a By- law to repeal By- law No . 777 .
WHEREAS By„- law No . 777 passed by the Council of the
Corporation of the Village of Vienna on the 9th . day of
July ., 1981 , has been circulated to all owners of property
in the Village of Vienna .
AND WHEREAS several objections to By- law No . 777 have
been received indicating that the aforesaid owners of
property are of the opinion that the said By- law is too
restrictive , particulary as relates to hazard lands and
floodplain .
AND WHEREAS comments from the Long Point Region Conser-
vation Authority and Ministry of Natural Resources in-
dicate that the said By- law must be more restrictive ,
particularly as relates to hazard lands and floodplain .
AND WHEREAS it appears that the said By- law is not accep-
table in its present form .
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF THE VILLAGE OF VIENNA
THAT By- law No . 777 as passed by the Council of the Corp-
oration of the Village of Vienna bn the 9th . day of July ,
1981 be and the same is hereby repealed .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED
THIS 12th . DAY OF November , 1981 .
i0
VILLAGE OF VIENNA
Moved by
Seconded by Date • >41. 19 S� Y
THAT : - -79' 77? AL-42-Lx-7 .4.� ,[.cA,.
-4-et,4,-4cAr-4,P it-
/f.y .
CARRIED
Reeve
VILLAGE OF VIENNA
Moved by
Seconded by Date i 15L 19 4;2-
:'i
THAT : " --- tJ 1J JA-t' -ct--/
CARRTD
Reeve
VILLAGEAmin
OF VIENNA
Moved by
Seconded by Date Q1n,/ i5/ 19 /2--
THAT :
LTHAT : 0.1-€/) — �a.c✓ Pet-- 7 7 9 ,�e1 �,c�J /`�
20
"-
CARRIED
Reeve
CORPORATION OF THE
VILLAGE OF VIENNA
BY - L A 78 o
BEING a by- law to authorize the . .Reeve and Clerk to execute
an agreement with the Elgin County Board of Education for
the conveyance of certain lands .
WHEREAS the Corporation of the Village of Vienna has
P g
requested the Elgin County Board of Education to convey •
certain lands owned by the Board to the Corporation .
AND WHEREAS the Board has agreed to convey such lands
subject to certain terms and conditions .
AND WHEREAS those terms and conditions are acceptable to
the boupcil of the Corporation .
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF THE VILLAGE OF VIENNA :
1 . THAT the Reeve and Clerk are hereby authorized to
execute an agreement with the Elgin County Board of
Education whereby the Board agrees to convey to the
Corporation certain lands , being all of Lot 5 and part
of Lots 6 and 12 in that block of lots bounded on the
West by Pine Street , on the North by Ann Street , on the
East by Snow Street nd on the South by Fulton Street
according to Registered Plan 54 and particularly
described in Schedule "B" attached hereto ; and upon
the Corporation fulfilling certain oblications as set
out in the said agreement .
READ A FIRST , SECOND , AND THIRD TIME AND FINALLY PASSED
THIS 17th . DAY OF DECEMBER , 1981 .
_,/e//f6LX:ce>lp441,4,
REEVE CLERK
A.'
THIS AGREEMENT made in duplicate this 26th day of November , 1981 .
BETWEEN :
THE ELGIN COUNTY BOARD OF EDUCATION
Hereinafter called the "Board"
OF THE FIRST PART
- and
411
THE CORPORATION OF THE VILLAGE OF VIENNA
Hereinafter called the "Village Corporation"
OF THE SECOND PART
0
WHEREAS the Village Corporation has requested the Board to convey
certain lands owned by the Board to the Village Corporation ;
AND WHEREAS the Board has agreed to convey such lands subject to
the terms and conditions of this agreement ;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants contained herein , the Board and the Village
Corporation covenant and agree as follows :
1 . The Village Corporation agrees at its expense to construct a
vehicular parking area on the Board ' s lands for the exclusive use of
the Board , such parking area to be located approximately as shown in
green on Schedule "A" attached to and forming part of this agreement .
The precise location shall be determined by the Board ' s Supervisor of
Building and Maintenance . Such parking area shall be enclosed with
railway ties and the surface gravelled . Plans and specifications for
the same shall be submitted to and approved by such Supervisor prior
to the commencement of the work and the construction thereof shall be
completed to his satisfaction by such reasonable date as he shall name .
2 . The Village Corporation further agrees to pay the Board ' s legal
costs in connection with this agreement , the deed arising therefrom and
all matters relating thereto , such costs to be paid on a solicitor and
his own client basis .
•
3 . Upon the Village Corporation completing the construction of the
parking area in accordance with this agreement and to the satisfaction
of the Board ' s said Supervisor , the Board agrees to conveyto the
P � 8
- 2 -
Village Corporation for the sum of One Dollar ( $ 1 . 00 ) the lands more
particularly described in Schedule " B" hereto . The conveyance shall
be in a form satisfactory to the Board ' s solicitor and for so long
as such lands are used by the Village Corporation for community
recreation centre purposes .
0 4 . This agreement shall enure to the benefit of and be binding
upon the successors and assigns of the parties hereto and the
provisions of section 2 shall survive the delivery of the deed
referred to in 3 above .
IN WITNESS whereof the parties have hereunto set their hands
and seals
SIGNED , SEALED AND DELIVERED
in the presence of :
)
THE ELGIN COUNTY BOARD OF EDUCATION
)
)
)
) Chairman
)
)
)
)
) Secretary y
)
) THE CORPORATION OF THE VILLAGE OF VIENNA
)
)
) . eS
) Reeve
)
)
) Clerk
)
'1
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_. _ CND DWG. No.
_ _ _.. .- _ _ MITI . AEO'D % DATE g e
SCHEDULE "B"
In the Village of Vienna , in the County of Elgin being all of Lot S
and part of Lots 6 and 12 in that block of lots bounded on the West
by Pine Street , on the North by Ann Street , on the East by Snow
Street and on the South by Fulton Street according to Registered-
Plan 54 and more particularly described as follows :
COMMENCING at the Southeasterly angle of said Lot 5 ;
THENCE Westerly along the Southerly limits of said Lots 5 and 6 . -
ninety feet (90 ' ) to the Southeast angle of the lands now owned by.
the Village Corporation ; • -
THENCE Northerly along the Easterly limit of the lands now owned by
the Village Corporation and parallel to the Westerly limit of said
Lot 6 one hundred and eighty feet ( 180 ' ) to the Northeast angle of •
the lands now owned by the Village Corporation ;
THENCE Easterly parallel to the Southerly limits of said Lots 6 and -
5 ninety feet ( 90 ' ) to a point iri the Easterly limit of said Lot 12 ;
THENCE Southerly along the Easterly limit of said Lots 12 and 5
one hundred and -eighty feet ( 180 ' ) more -or less to the point of
commencement .
mow
Dated ; Noyember 26 ? 1981
BETWEEN :
THE ELGIN COUNTY BOARD
OF EDUCATION
- and -
THE CORPORATION OF THE
VILLAGE OF VIENNA
i
AGREEMENT
McKay , McKay , Vedova & Collins
Barristers and Solicitors
344 Talbot Street
P . O . Box 588
St . Thomas , Ontario
NSP 4B1
W KAM : j m