HomeMy WebLinkAboutZoning By-law No. Z751-2022THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z751-2022
MUNICIPALITY OF BAYHAM - HOUSEKEEPING
BEING A BY-LAW TO AMEND BY-LAW NO. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1_ THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing the
definition for "Agricultural Use" with the following SECTION 2 DEFINITIONS:
"AGRICULTURAL USE, shall mean the growing of crops, including nursery, biomass,
and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre,
including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production;
and associated on -farm buildings and structures, including, but not limited to livestock
facilities, manure storages, value -retaining facilities, and accommodation for full-time
farm labour when the size and nature of the operation requires additional employment."
2. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing the
definition for "Day Care Centre" with the following SECTION 2 DEFINITIONS:
"DAY CARE CENTRE means a premises that receives more than five persons who are
not of common parentage, primarily for the purpose of providing temporary care or
guidance, or both temporary care and guidance, for a continuous period not exceeding
24 hours. Care may be provided for children, seniors and/or persons with disabilities. "
3. THAT By-law No. Z456-2003, as amended, is hereby further amended by deleting the
following definition from SECTION 2 DEFINITIONS:
"FARM, shall mean one or more lots, held for the purpose of agricultural use by a single
operation, together with or without its dependent buildings including one single detached
dwelling with private garage as the principal farm dwelling, one additional single
detached dwelling or modular home as supplementary housing to the farm operation,
barns, pens, sheds, and similar accessory buildings except that in areas where
buildings and structures are prohibited such use shall refer only to the land. "
4. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following definition to SECTION 2: DEFINITIONS:
"LARGE-SCALE SUPPLEMENTARY FARM DWELLINGS, shall mean a
supplementary farm dwelling with a building floor area greater than 167 m2 or providing
accommodation for ten (10) or more persons and shall comply with applicable
requirements of the Ontario Building Code and the Health Unit."
5, THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "be"
before "the rear lot line" and "or a side lot line, as the case may be" to SECTION 2
DEFINITIONS for "LOT LINES" subsection b).
6. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to SECTION 2 DEFINITIONS:
"ON -FARM DIVERSIFIED USE, shall mean uses that are secondary to the principal
agricultural use of the property, and are limited in area. On -farm diversified uses
include, but are not limited to, home occupations, home industries, agritourism uses,
and uses that produce value-added agricultural products. Ground -mounted solar
facilities are permitted in prime agricultural areas, including specialty crop areas, only as
on -farm diversified uses."
7_ THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to SECTION 2 DEFINITIONS:
"PARKING SPACE, ACCESSIBLE, shall mean a parking space designed, used or
intended for the purpose of the temporary parking or storage of a motor vehicle by
persons who require or use wheelchairs, canes, crutches, walkers or other mobility
assistance devices and who may require additional aisle space to accommodate a lift or
ramp.
a) A `Type A' Parking Space shall mean an accessible parking space intended to
accommodate a motor vehicle equipped with a mechanical lift and/or wheelchair ramp,
and which incorporates a delineated space adjacent to the motor vehicle for the
deployment of the lift and/or ramp.
b) A `Type B' Parking Space shall mean an accessible parking space intended to
accommodate a motor vehicle which does not require additional space to accommodate
a lift and/or ramp. "
8, THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to SECTION 2 DEFINITIONS:
"PRIVATE HOME DAY CARE means the temporary care and custody for reward or
compensation of not more than six persons in a provincially licensed home day care
outside a flood plain, or not more than five persons within a flood plain or in an
unlicensed home day care in a private residence other than the home of a parent or
guardian of any such person for a continuous period not exceeding 24 hours. Care may
be provided for children, seniors and/or persons with disabilities.'
9. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to SECTION 2 DEFINITIONS:
"RECREATIONAL TRAVEL VEHICLE, shall mean a vehicle designed to provide
temporary living, sleeping or eating accommodation for travel, vacation, seasonal
camping or recreational use and designed to be driven, towed, transported or relocated
from time to time whether or not the vehicle is jacked up or its running gear is removed.
A recreational vehicle shall not be used as the principal place of residence of the
occupant. A recreational vehicle shall include a motor home, camper trailer, motorized
home, motorized camper, truck camper, pick-up coach, chassis -mounted camper, slide -
in camper, tent trailer, fifth -wheel trailer, park model trailer and similar mobile vehicles,
watercraft, boats and marine craft, but excludes a mobile home."
10. THAT By-law No. Z456-2003, as amended, is hereby further amended by deleting ",with
the exception of buildings and structures for farm uses" and adding the following after
"of total lot area" to Section 4.2 f):
"except in the case of accessory use buildings accessory to principal farm dwellings, the
size of accessory buildings is limited to 25% of the size of the principal farm dwelling
excluding main farm buildings such as barns, greenhouses, stables and driving sheds."
11. THAT By-law No. Z456-2003, as amended, is hereby further amended by deleting the
following from Section 4.4:
"Notwithstanding any other provisions of this By-law, where one dwelling unit is
permitted as an accessory use in a commercial, industrial, institutional, or open space
zone, the minimum lot area shall be nine hundred and fifty (950.0) square metres over
and above the minimum requirements of the zone in which it is erected, and, in the case
of a single detached dwelling, the maximum building height for the dwelling unit shall be
nine (9.0) metres, and the minimum floor area shall be eighty (80.0) square metres, and
in the case of a dwelling unit permitted as an accessory use in a commercial zone, it
shall be contiguous to the main commercial use, 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. "
12, THAT By-law No. Z456-2003, as amended, is hereby further amended by removing
"either at ground level or on the roof of the first storey' from Section 4.4.5.
13. THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 4.5 by adding "private home day care" before "or hairdresser' in Section 4.5 d).
14. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding ", or
six persons in a provincially licensed Private Home Day Care" after "one time" in Section
4.5 m).
15. THAT By-law No. Z456-2003, as amended, is hereby further amended by removing
"Truck, Bus, and Coach Bodies or Travel Trailers, Truck Campers, Motor Homes"
and replacing it with "Recreational Vehicles" in the title of Section 4.16.
16. THAT By-law No. Z456-2003, as amended, is hereby further amended by deleting
Section 4.16.1 and 4.16.2
And THAT By-law No. Z456-2003, as amended, is hereby further amended by adding
the following new Section 4.16.1:
"4.16.1 Except as expressly permitted by this By-law; no recreational vehicle shall be
used for human occupancy within the Municipality whether or not the same is
mounted on wheels, however, this provision shall not prevent, in a residential
zone with an existing dwelling, the use of a truck camper, travel trailer, motor
home, or tent for children's play or for picnics or for the occasional
accommodation of guests for not more than one ten (10) consecutive day
period in one calendar year. "
17. THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 4.31 a) by replacing all the text with the following:
"One off-street loading space shall be provided for each 2,322 square metres or fraction
thereof of building floor area."
18. THAT By-law No. Z456-2003, as amended, is hereby further amended by deleting "A
barrier -free parking stall is to be a minimum of 5.5 metres x 3.9 metres" from Section
4.32.2.
19. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "or
Mobile Home Parks" after "Travel Trailer Parks" in the Section 4.32.2 table.
20. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "and
one (1) parking space for every four (4) units for visitor parking" after "One and one-half
(1.5) parking spaces per dwelling unit' for the row applicable to "Dwelling unit in a
triplex, multiunit, linked, maisonette, rowhouse, or apartment dwelling, or a building
containing both commercial and residential uses" in the table Section 4.32.2.
21. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
"One (1) parking space per 50.0 m2 of gross floor area" with "Two (2) spaces plus one
(1) space per 140 m2 gross floor area" in Section 4.32 table for "Industrial
uses/Manufacturing".
22. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
"One (1) parking space per 100.0 m2 of gross floor area" with "Two (2) spaces plus one
(1) space per 140.0 m2 gross floor area" in the table in Section 4.32.2 for "Warehouse
use".
23. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following Section 4.32.3:
"4.32.3 Accessible Parking Spaces
Accessible parking spaces shall, in the case of a Type A parking space as defined, have
a minimum width of 3.4 metres and a minimum depth of 5.5 metres and, in the case of a
Type 8 parking space as defined, have a minimum width of 2.4 metres and a minimum
depth of 5.5 metres and shall be provided adjacent to the primary entrance of the
building they are intended to serve and clearly signed or marked as "Accessible Parking
Spaces".
To facilitate access to the motor vehicle, every accessible parking space shall be
provided with an abutting access aisle, 1.5 metres in width, extending the full depth of
the accessible parking space and be clearly identifiable by high tonal contrast diagonal
lines, concrete or other hard distinguishing surface treatment to discourage parking on
or within them, which access aisle may be shared by two accessible parking spaces.
All designated accessible parking spaces shall be signed or marked in accordance with
the Integrated Accessibility Standards Regulation and the Highway Traffic Act and, in
the case of Type A parking spaces as defined, signed or marked as "Van Accessible".
The number of accessible parking spaces required shall be part of the total parking
requirement in accordance with the following:
Required Parking Spaces
1 - 50
51-75
76 -100
100+
Accessible Parking Required
Type A Type 8
r
1
1
2
2
2
4 % of Required Parking Spaces, equally divided by
Type A and Type B Spaces, where an odd number
of accessible parking spaces are required the
additional odd numbered space can be a Type B
space.
4, THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following Section 4.32.4:
"4.32.4 Driveway Standards
The following standards apply to driveways providing ingress and egress to parking
spaces:
4.32.4.1 Minimum Width of One -Way Access
Where the access to a parking space is provided directly by a driveway from a public
street, the driveway must be at least three (3.0) metres in width and no more than nine
(9.0) metres in width.
4.32.4.2 Width of Joint Access
Where a joint ingress and egress driveway is provided to a parking aisle, the driveway
width measured along the street line shall be at least 6.7 metres in width and no more
than 9.0 metres in width.
4.32.4.3 Number of Driveways Permitted
Every lot shall be limited to not more than two (2) driveways up to the first thirty (30.0)
metres of frontage; and not more than one (1) additional driveway for each additional
thirty (30.0) metres of frontage, provided that where a lot has more than one (1)
driveway, a separation of at least nine (9.0) metres shall be maintained between each
driveway, as measured along the street line between the said driveways.
4.32.4.4 Distance from an Intersection
The minimum distance between a driveway and an intersection of street lines is nine
(9.0) metres."
25. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 4.34.1 with the following:
"The minimum width of a driveway shall be three (3.0) metres and the maximum width
of a driveway shall be nine (9.0) metres, measured along the street line, and the
driveway shall not occupy more than 50% of the front yard or exterior side yard."
26. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to Section 4.58:
"d) A shipping container or truck trailer shall not be permitted as the sole structure on
any property;
e) A shipping container or truck trailer shall not be stacked one on top of the other,
f) A shipping container or truck trailer shall comply with the Ontario Building Code;
e) A shipping container or any parts of a shipping container may be used for the
purpose of human habitation by way of site -specific zoning that permits the
residential use of a shipping container or part of the structure, in accordance with the
following provisions:
i) A shipping container may be permitted where mobile home or modular home
uses are permitted;
ii) A shipping container shall be subject to the same requirements and
limitations as mobile home or modular home buildings;
iii) A shipping container shall comply with the Ontario Building Code."
27. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding to
Section 4.59 the following:
"h) The exterior building or site changes to a dwelling to permit a second dwelling unit in
an existing primary dwelling building maximum floor area increase shall be 10%, and
the changes should account for maintaining the general form and architectural character
of the building where possible."
28. THAT By-law No. Z456-2003, as amended, is hereby further amended by removing
"Farm" from the list of permitted uses in Section 5.2.
29. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "On -
farm Diversified Use;" as a permitted use in Section 5.2.
30. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding
Section 5.11.3 including the following:
`5.11.3 Livestock uses are prohibited where the land area of the lot is less than 2.0
hectares, however, the keeping of livestock in a hobby farm context is permitted
providing the complement of livestock is small and can comply with the regulations of
the Minimum Distance Separation II."
31. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding to
Section 7.11 the following:
"7.11.3 Maximum Floor Area: 95 m2 or 8% lot coverage, whichever is less"
32. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
"55.0 m2,, with "95 m2 or 8% lot coverage, whichever is less" in Section 8.10.2.
33, THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "or
two" after "One Unit' in Section 10.2.
34. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following to the end of Section 10.3 Minimum Lot Area.
"Semi-detached dwelling unit: 400 m2, or 695 m2 where no public water supply or
sanitary sewage disposal service are available"
35. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "Semi-
detached Dwellings: 10 metres for an internal lot and 13.0 metres for a corner lot' to the
end of Section 10.4 Minimum Lot Frontage.
36. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 10.5 with the following:
1110.5 Maximum Building Height
7.0 metres"
37. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
"65.0 m2,, with "75 m2 or 8% lot coverage, whichever is less" in Section 10.11 c).
38. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "Semi-
detached dwelling,` to Section 11.1 Permitted Uses.
39. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 11.6 with the following:
"11.6 Maximum Building Height
7.0 metres"
40. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 12.2 Minimum Lot Area with the following:
"Mobile home site without public or communal water or sewer services: 1, 200.0 m2
Mobile home site with either public or communal water services or public
or communal sewer services:
464.0 m2
Mobile Home Site with both public or communal water and sewer services: 300.0 m2"
41. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 12.3 Minimum Lot Frontage with the following:
"Mobile home site without a public or communal water or sewer services: 20.0 m
Mobile home site with either a public or communal water services
or a public or communal sewer services: 15.0 m
Mobile Home Site with both public or communal water and sewer services: 10.0 m"
42. THAT By-law No. Z456-2003, as amended, is hereby further amended by replcaing
Section 12.8 Minimum Side Yard with the following:
"Mobile Home Site, interior: 1.2 m
Mobile Home Site, exterior (corner lot): 3.0 m"
43. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding "and
Decks" after "Accessory Buildings" in Section 12.11.
44. THAT By-law No. Z456-2003, as amended, is hereby further amended by replacing
Section 12.11 b) with the following:
"One (1) Open deck permitted per exterior door, one of which to a maximum 3.1 m width
not to exceed mobile home length and the second to a maximum 1.2 metres in width
and depth as a secondary egress. "
45. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding the
following new subsections to Section 12.11:
"e) Accessory buildings shall not be located closer than one (1.0) metre to any mobile
home or mobile home site lot line.
f) Private garage or carport maximum width: 3.7 m
g) Private Garage or carport maximum floor area: 30.0 m2
h) Private garage or carport maximum height: 4.5 m"
46. THAT By-law No. Z456-2003, as amended, is hereby further amended by adding
"Where the dwelling unit is in an area with municipal sewer services and private water
services," to the start of Section 17.10.1.
47. THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of
the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the approval of
the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 15th DAY OF SEPTEMBER 2022.
READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF SEPTEMBER 2022.
MAYOR