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HomeMy WebLinkAboutVienna Comprehensive Zoning By-Law 90-12 VILLAGE OF VIENNA COMPREHENSIVE ZONING BY-LAW NO. 90-12 SEPTEMBER 1990 FORM 1 PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE VILLAGE OF VIENNA TAKE NOTICE that the Council of the Corporation of the Village of Vienna passed By- law No. 90-12 on the 13th day of September, 1990 under Section 34 of THE PLANNING ACT, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Village of Vienna not later than the 16th day of October, 1990, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. The purpose of this By-law is to regulate the use of land; buildings and structures in the Village. The By-law is intended to ensure orderly and compatible development throughout the Village of Vienna. The complete By-law is available for inspection in my office during regular office hours. DATED AT THE VILLAGE OF VIENNA THIS 26th DAY OF SEPTEMBER, 1990. Mrs. Lynda Millard Clerk Village of Vienna P.O. Box 133 VIENNA, Ontario • NOJ 1Z0 EXPLANATORY NOTE PURPOSE AND EFFECT OF ZONING BY-LAW NO. 90-12 OF THE VILLAGE OF VIENNA The purpose of this by-law is to regulate the use of land, buildings and structures in the Village. The By-law is intended to ensure orderly and compatible development throughout the Village and must be in conformity with the Official Plan of the Village of Vienna. All Site Specific Zoning By-laws of the Village, adopted by the Council of the Village of Vienna, will be replaced by this new Zoning By-law. The By-law is comprised of the following sections. 1. INTERPRETATION AND ADMINISTRATION: deals with matters of an interpretative and administrative nature. It establishes, among other things, that the By-law applies to all lands within the Village, who will administer the By-law, requirements for building permits and violations and penalties for contraventions of the By-law. 2. DEFINmONS: contains over 170 definitions of terms used in the By-law. 3. ZONES AND ZONING MAPS: establishes the specific land use zones used in the By-law. It also deals with how exceptions to a general land use zone are treated in the By-law; multiple zoning (or more than one zone an a single property), and the interpretation of zone boundaries. 4. GENERAL PROVISION: includes provisions which apply to ail or a number of specific land use zones. For example, provisions are contained regarding accessory uses, home occupations, setbacks from arterial roads, buffer strips, and parking requirements. 5. RESIDENTIAL FIRST DENSITY (R1) ZONE: applies to low density residential lots within the planning area. Permitted uses include one single unit detached dwelling on one lot, home occupations and accessory uses. i 6. RESIDENTIAL SECOND DENSITY (R2) ZONE: applies to medium density residential lots within the planning area. Permitted buildings and structures include a multi-unit residential dwellings, a boarding house, rooming house, senior citizen homes and accessory buildings. 7. CENTRAL COMMERCIAL (C1) ZONE: applies to commercial uses in the central core area of the Village. A broad range of commercial uses are permitted as well as dwelling units as accessory uses. 8. LOCAL COMMERCIAL (C2) ZONE: applies to commercial uses throughout the remainder of the Village. This zone permits a range of commercial uses which can exist in harmony with residential development. 9. INDUSTRIAL (M) ZONE: applies to all industrial uses within the Village. A broad range of industrial uses are permitted in the Village of Vienna as well as dwelling units as accessory uses. 10. INSTITUTIONAL (n ZONE: applies to institutional uses such as churches, schools, libraries, and government buildings or offices throughout the Village. A dwelling unit as an accessory use is also permitted. 11. PARKS AND OPEN SPACE (OS) ZONE: applies to open space uses such as campgrounds, conservation areas and parks throughout the Village. There is no minimum lot size prescribed in the OS Zone, however, the minimum yard setback is seven and one-half (7.5) metres and shall not cover more than twenty (20) percent of the area of the lot. 12. FLOODWAY (FW) ZONE: the lands within the FW Zone have been deemed to be susceptible to flooding and therefore the list of permitted uses is limited to those uses already in existence, conservation areas, flood control, parks and parking areas. Any building activity in this zone is to be done only with the written approval of the Conservation Authority and the Ministry of Natural Resources. ii 13. FLOODFRINGE (FF) ZONE: the FF Zone permits similar uses as those permitted in the Residential First Density (R1) Zone. The zone also prescribes floodproofing measures, based on engineered flood lines, which regulate the erection and reconstruction of buildings. Any building activity in this zone is to be done only with the written approval of the Conservation Authority and the Ministry of Natural Resources. 14. FUTURE DEVELOPMENT (FD) ZONE permits all buildings, structures and uses existing on the date of the passing of the By-law and allows their expansion in compliance with applicable regulations of this By-law. This zone is applied to areas where future development may be expected to occur pursuant to the submission of specific development proposal. iii VILLAGE OF VIENNA ZONING BY-LAW NO. 90-12 A By-law to regulate the use of land, and the character, location and use of buildings and structures in the Village of Vienna WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to enact a Zoning By-law; NOW THEREFORE the Council of the Corporation of the Village of Vienna, pursuant to the Planning Act, 1983, and all other powers thereunto enabling, enacts as follows: SECTION 1 - INTERPRETATION AND ADMINISTRATION 1.1 TITLg This By-law shall be known as the "Zoning By-law" of the Corporation of the Village of Vienna. 1.2 APPUCATION The provision 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 land shall be used and no buildings or structures shall be erected, altered, or used within the Village of Vienna except in accordance with the provisions of this By-law and except as permitted by this By-law. 2 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. 1.5 MEANING OF SHALL. In this By-law, the word "shall" shall always be construed as mandatory. 1.6 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. 1.7 ADMINISTRATION This By-law shall be administered by the Building Inspector or such other person as the Council of the Village of Vienna designates. 1.8 INSPECTION OF PREMISES The Building Inspector or any other person acting under the direction of Council, may, at any reasonable hour, enter and inspect a property or premises where there is reason to believe that any land has been used or any building or structure has been erected, altered, or enlarged, or used in violation of any of the provisions of this By-law. 3 1.9 APPUCATION FOR BUILDING PERMITS 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, 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 giving all information necessary to determine whether or not such building and the proposed use thereof conform with the requirements of this By-law. 1.10 UCENCES AND PERMITS No municipal permit, certificate, or licence shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in violation of any provisions of this By-law. 1.11 VIOLATIONS AND PENALTIES 1.11.1 Pursuant to Section 66 of the Planning Act, 1983, any person who uses land, or erects or uses any building or structure or any part of any lot, building or structure in a manner contrary to any requirement 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 such violation, is guilty of an offence, and upon conviction is liable: on a first conviction to a fine of not more than $20,000; and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. 1.11.2 Where a corporation is convicted of contravening any provisions of this By-law, the maximum penalty that may be imposed is: on a first conviction a fine of not more than $50,000; and on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 1.11.3 Each day of violation shall constitute an offence. 4 1.11.4 Any building or structure which contravenes any requirement of this By- law may be removed or altered at the instance of the Corporation, pursuant to the provisions of the Municipal Act, 1980, or the Planning Act, 1983, as amended. 1.12 REPEAL OF EXISTING BY-LAWS From the coming into force of this By-law all previous by-laws passed under Section 34 of the Planning Act, 1983 or a predecessor thereof, shall be deemed to have been repealed except to the extent that any of the said by-laws prohibits the use of any land, building or structure for a purpose that is also prohibited by this By-law. 1.13 APPUCAIION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of the Building By-law or any other by-law of the Municipality in force from time to time or the obligation to obtain any license, permit, authority or approval required under any by-law of the Municipality. 1.14 VALIDITY Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.15 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. 5 SECTION 2 - DEFINITIONS For the purpose of this By-law, the definitions given herein shall govern. 2.1 ABATTOIR, shall mean a building, structure or lot or part thereof used for the slaughter of livestock, poultry or other animals for the purpose of processing or rendering. 2.2 ACCESSORY, shall mean a use, a building, or structure that is normally incidental, sub-ordinate, and exclusively devoted to a main use, building, or structure and that is located on the same lot therewith. 2.3 ACCESSORY WING 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 unit. 2.4 AGRICULTURAL USE, shall mean the cultivation of land, the production of crops and the selling of such product on the premises, and the breeding and care of livestock and the selling of such livestock or the product of such livestock raised on the premises, and without limiting the generality of the foregoing includes animal husbandry, and the raising and harvesting of field, bush, tobacco, tree or vine crops, truck gardening, nurseries, greenhouses, mushroom farming and sod farming including the related sights, sounds, smells, and noises. 2.5 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 dimensions 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 change the width, depth, or area of any required yard, setback, landscaped open space, or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alternation is made by conveyance or alienation of any portion of said lot, or otherwise. 6 2.6 ANIMAL CLINIC or HOSPITAL, shall mean any building containing mare than two rooms, used or intended for use for the purpose of a veterinarian practice. 2.7 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. 2.8 ATTIC. shall mean the portion of a building situated wholly or part within the roof and which is not one-half storey. 2.9 AUTOMOBILE BODY SHOP, shall mean a building or structure where motor vehicles are kept for repair including the complete repair to vehicle bodies, frames, chassis, or motors and the painting, upholstering, glass replacement and cleaning of such vehicles. 2.10 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. 2.11 AUTOMOBILE SERVICE STATION, shall mean a building or part of a building on a clearly defined space or 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 repairs essential to the operation of motor vehicles are executed or performed. It may also include the washing of motor vehicles. 2.12 AUTO WRECKING ESTABLISHMENT, shall mean a building and/or lot used for the wrecking or dismantling of motor vehicles and for the storage and sale of scrap material, salvage and parts obtained therefrom, but shall not include any other automotive use defined in this By-law. 7 2.13 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 adjacent finished ground surface or grade. 2.14 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 person, lodging and/or meals, but shall not include a hotel, motel, hospital, home for the young or the aged, or institution, or restaurant accommodating the general public. 2.15 BUFFER STRIP, shall mean an area used for no other purpose than the planting of a continuous row of trees or an unpierced hedgerow of natural evergreens or shrubs, not less than 1.2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereof, along with such planting strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds, man-made landscape materials or a combination thereof and may also contain a closed board, picket or chain-linked fence which is a minimum of 1.2 metres high. 2.16 BUILDING. shall mean any structure whether temporary or permanent, used or intended for sheltering any use or occupancy and shall include a trailer as defined in clause (a) of paragraph 95 of Section 210 of the Municipal Act, as amended and revised from time to time, and shall also include a mobile home as defined in clause 45 (1) (a) of the Planning Act, as amended and revised from time to time, but shall not include a boundary wail or fence. 2.17 BUILDING STRIP, 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. 2.18 BUILDING AREA, shall mean an area designated on a zoning map or zoning map schedule as "Building Area" which defines the area of a lot within which permitted buildings or other structures may be erected, used, and maintained. 8 2.19 BUILDING BY-LAW, shall mean any building by-law within the meaning of the Planning Act, 1983. 2.20 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, the Ontario Building Code, or any other building code or building by-law of the Municipality. 2.21 BUILDING UNE 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 building line shall be a line drawn parallel to the chord of the arc constituting the lot line. 2.22 BUILDING OPENING, shall mean a door, window or similar opening in a building. 2.23 BULK SALES ESTABUSHMENT, 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. 2.24 CAMPGROUND, shall mean a use consisting of at least five camping sites, licensed under the provisions of the Municipal Act, R.S.O., 1980, as amended, 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 95 CANTILEVERED WALL, shall mean an exterior front, side, or rear wall of a building which may project from a "Main Wall" into a "Yard" in accordance with the provisions of Section 4.25 of this By-law. 2.26 CARPORT, refer to the definition of Garage, Private. 9 2.27 CELLAR, shall mean that portion of a building between two floor levels which is partly or wholly underground but which as more than one-half of its height from finished floor to ceiling below adjacent finished ground surface or grade. 2.28 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. 2.29 CHURCH, shall mean a building dedicated to religious worship and may include a church hall, church auditorium, Sunday school, parish hall, and church day nursery. 2.30 CUNIC, shall mean any building or portion thereof containing two or more offices used or intended for use for any of the purposes of medical or dental practice, and without limiting the generality of the foregoing includes the offices or consulting rooms of members of the medical or dental professions or a chiropractor. 2.31 CLINIC. ANIMAL, shall mean any building used or intended to be used for the purpose of a veterinarian practice. 2.32 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. 2.33 COMMERCIAL USE, shall mean the use of land or buildings for the purposes of buying and/or selling commodities and supplying services. 2.34 COMMUNITY CENTRE, shall mean a building used for community activities and not for commercial purposes, the control of which is vested in the Municipality, a local board, or trustees. 10 2.35 CONTRACTOR'S YARD OR SHOP, shall mean the use of land, buildings or structures for the purpose of storing construction, excavation or plant equipment, vehicles, or material or performing shop work or assembly work by any building trade contractor. 2.36 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. 2.37 CONVENIENCE STORE, shall mean a retail store supplying groceries and other daily household necessities to an immediate surrounding residential area. 2.38 COVERAG>t, 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 (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 structures erected or permitted to be erected on the lot (not including an outdoor swimming pool) measured at the level of the lowest storey above grade, including in both cases all porches and verandas, steps, cornices, eaves, bay windows, chimneys. 2.39 DERELICT MOTOR VEHICLE, shall mean a motor vehicle that has no market value as a means of transportation or as an instrument of husbandry, or is inoperable and may not have current license plates when required. 2.40 DOG POUND, shall mean the use of land or buildings for the purposes of impounding dogs pursuant to a by-law of the Municipality and where such dogs are kept for a minimum redemption period as defined in the Animals for Research Act, R.S.O., 1989, as amended from time to time. 11 2.41 DWELLING, shall mean a building, occupied or capable of being occupied exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses, rooming houses, motels, institutions, mobile homes, or living quarters for a caretaker, watchman, or other person or persons using living quarters which are accessory to a non-residential building or structure. 2.42 DWELLING. APARTMENT, shall mean a dwelling, consisting of four or more dwelling units which units 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. 2.43 DWELLING. CONVERTED, shall mean a dwelling originally designed as a single 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. 2.44 DWELLING. DOUBLE DUPLEX or QUADRUPLEX, shall mean a building that consists of two (2) duplexes attached to each other. 2.45 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. 2.46 DWEL_UNG. MAISONETTE, shall mean a building designed to contain more than three (3) dwelling units each having an entrance from a common hallway or stairway inside the building and a separate outside entrance. 2.47 DWELLING, ROW HOUSE, shall mean a building that is divided vertically into three (3) or more dwelling units, each of which has independent entrances. 12 2.48 DWELLING, SEASONAL, shall mean a seasonal residential building or structure used or intended to be used for intermittent residential occupancy throughout the year, but not used or intended to be used for continuous habitation, as a primary residence and/or a permanent dwelling. 2.49 DWELLING. SEMI-DETACHED, shall mean a building that is divided vertically into two (2) dwelling units each of which has a independent entrance either directly or through a common vestibule. 2.50 DWELLING. SINGLE-UNIT DETACHED, shall mean a completely detached dwelling unit designed, and intended for occupancy by people but does not include a mobile home. 2.51 DWELLING. TOWNHOUSE, shall mean a separate building containing three (3) or more attached single units with a common masonry wall dividing the two dwelling units vertically, each of which has an independent entrance either directly or through a common vestibule. 2.52 DWELLING. TRIPLE(, shall mean a building that is divided into three (3) separate dwelling units, each of which has a independent entrance either directly or through a common vestibule. 2.53 DWELLING. TWO-UNIT, shall mean a dwelling designed and intended and/or used for occupancy by people living independently of each other including duplex or semi-detached houses. 2.54 DWELLING UNIT, shall mean one or more habitable rooms occupied or capable of being occupied which are independent and separate housekeeping establishments in which separate kitchen and sanitary facilities are provided for the use of such people, with a private entrance from outside the building or from a common hallway or stairway inside the building. 13 2.55 EI-t-tCT1VE DATE, shall mean the date that this By-law shall be deemed to come into full force and effect upon the issuance of a formal order pursuant to Section 34(19) of the Planning Act, as amended and revised from time to time. 2.56 ERECT. shall include build, construct, reconstruct, 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. 2.57 ESTABLISHED BUILDING UNE, shall mean the average distance from the street line of existing buildings on one side of one block where more than one-half of the lots having street access upon the said side or the block have been built upon. 2.58 BUSTING. shall mean existing as of the date of the passing of this By- law. 2.59 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 five (5) unrelated persons. 2.60 FARM. shall mean a lot, held for the purpose of agricultural use, together with or without its dependant 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 building except that in areas where buildings and structures are prohibited such use shall refer only to the land. 2.61 FARM PRODUCE OUTLET, shall mean a use, accessory to a permitted farm, which consists of a retail sale of agricultural products produced in the area which such outlet is located. 14 2.62 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, basement, cellar, 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. 2.63 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 any area designed or used permanently for storage space. 2.64 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, cellar, 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. 2.65 FOOD PROCESSING PLANT, shall mean a building, or part thereof, other than a restaurant or refreshment room in which agricultural products are packed, frozen, prepared, processed, preserved, graded or stored for eventual human consumption, and includes a cannery, a flour mill, a dairy, a bakery, or an egg grading station, but does not include an abattoir or any premises used for the slaughtering of animals or the boiling of blood, tripe or bones. 2.66 FORESTRY USE, shall mean the general raising and harvesting of wood and without limiting the generality of the foregoing includes the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees, and other forest products. 2.67 FUNERAL HOME, shall mean a building where preparation of the dead human body for interment or cremation is undertaken. 15 2.68 GARDEN CENTRE, shall mean the use of land, buildings or structures for the purpose of buying, selling and raising of plants, shrubs and trees and includes the storage and sale of accessory products generally used for landscaping and gardening purposes. 2.69 GARAGE. PRIVATE or CARPORT, shall mean a building or portion of a building designed 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. 2.70 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, and cleaning of such vehicles, and may include an automobile service station. 2.71 GAS, shall mean natural gas, manufactured gas, propane-arc gas, or any mixture of any of them. 2.72 GOLF COURSE, shall mean a public or private area operated for the purpose of playing golf including a par three golf course, driving range,miniature golf course, or combination thereof. 2.73 GRADE LEVEL, shall mean, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building, and when used with reference to a structure means the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchment,and when used with reference to a road means the elevation of the road established by the authority having jurisdiction. 16 2.74 GROUP HOME, shall mean a single housekeeping unit in a residential dwelling in which three to then residents (excluding supervisory staff or the receiving family) live as a family under responsible supervision consistent with the requirements of its residents. 2.75 GROUPED HOUSING, shall include two (2) or more separate dwelling units which may be comprised of but not limited to: semi-detached duplex, triplex, double duplex, converted dwellings or townhouse, rowhouse, maisonette dwellings and/or an apartment building located on the same lot, which lot may or may not be retained under one ownership. 2.76 HEIGHT, when used with reference to a building or structure shall mean the vertical distance between the 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 (20) degrees with the horizontal shall be considered a flat roof; c) the average level between eaves and ridges in the case of a roof type not covered in subsections a) and b). The height regulations shall not apply to any ornamental dome, skylight, chimney, tower, storage silo, barn, elevator enclosure, flag pole or antennae, cupola, steeple, or church spire. 2.77 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 (1) assistant who is not a resident of the said dwelling. 2.78 HOME OCCUPATION. AGRICULTURAL, shall mean an occupation for gain or support, associated with an agricultural use or a residential use, which serves agricultural uses and which is conducted by only members of the family residing on the premises. 17 2.79 HOTEL, shall mean 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 accommodation of not less than six (6) guest rooms, which guest rooms contain no provisions for cooking, and shall include all such buildings operating under the Liquor License Act, R.S.O., 1980 and the Tourist Establishment Act, R.S.O., 1980 as amended from time to time. 2.80 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. 2.81 INDUSTRIAL USE. UGHT, shall mean the manufacturing, 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. 2.82 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 and hospitals. 2.83 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, boarded, trained, or sold and which may offer provisions for minor medical treatment. 2.84 LANDING STRIP, shall mean a strip of ground used or capable of being used for the landing and takeoff of aircraft. 18 2.85 LANE or ALLEY, shall mean a public thoroughfare which affords a means of access to abutting lots but which is not intended for general traffic circulation. 2.86 LAUNDRY ESTABUSHMENT, 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 are conducted,with 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 2.87 LIVESTOCK, shall mean farm animals kept for use, for propagation, or intended for profit and includes dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit, but excluding animals such as pets raised or housed for recreational or hobby purposes. 2.88 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 goads, 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. 2.89 LOT, is all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land and shall be 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 the right-of-easement but does not include a lot or a block on a registered pian of subdivision which has been deemed to be a registered plan of subdivision by a by-law passed pursuant to the Planning Act, 1983, as amended from time to time. 19 2.90 LOT AREA, shall mean the total horizontal area within the lot lines of a lot, except in the case of a corner lot having street lines rounding at the corner with a radius of six (6.0) metres, or less, where the lot area of such lot shall be calculated as if the lot lines where projected to the point of intersection. 2.91 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 (135) degrees and where such streets are curved, or, in the case of a singular street with a curve of not more than 135 degrees, the angle of intersection of the tangents to the street lines, drawn through the extremities of the interior lot line,s provided that: i) in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents; and ii) any portion of a corner lot distant more than thirty (30) metres from the corner, measured along the street line shall be deemed to be an interior lot. 2.92 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 lien 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 adjoining the apex of the triangle formed by the side lot lines and a point six (6.0) metres back from the front lot line. 2.93 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. 2.94 LOT INTERIOR, shall mean a lot other than a corner lot. 20 2.95 LOT UNES, 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 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 established in the block by prior construction. b) Rear lot line shall mean the lot line farthest from or opposite to the front lot line. c) Lot line shall mean a lot line other than a front or rear lot line. 2.96 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 2.97 MAIN BUILDING, shall mean the building designed or used for the principal use on the lot. 2.98 MAIN USE, shall mean the predominant purpose for which any land, buildings, structures, premises or part thereof is designed, used or maintained. 2.99 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. 2.100 MANURE STORAGE AREA, shall mean land, buildings or structures used for the storage of manure generated by livestock. 21 2.101 MOBILE HOME, shall be defined according to the provisions of Section 45(1), (a), of the Planning Act, 1983 as amended and revised from time to time. 2.102 MOBILE HOME LOT, shall mean a parcel of land which is described in a deed or other document legally capable of conveying land, or a parcel of land which is shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. 2.103 MOBILE HOME PARK, shall mean a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. 2.104 MOBILE HOME SITE, shall mean an area of land within a mobile home park that is intended to be occupied by one mobile home and which may be owned by the owner of the mobile home park. 2.105 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., 1980 and the Tourist Establishments Act, R.S.O., 1980. 2.106 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. 2.107 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. 22 2.108 MOTOR VEHICLE SALES ESTABUSHMENT, shall mean a parking lot, building or lot 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. 2.109 MUNICIPALITY, shall mean the Corporation of the Village of Vienna. 2.110 NON-AGRICULTURAL, when used with reference to a building, structure, or use shall mean designed, intended or used for purposes other than those of an agricultural use. 2.111 NON-COMPLYING, shall mean a building or structure which does not comply or agree with the regulations of this By-law as of the date of passing thereof, but does not include a non-conforming use, building, or structure. 2.112 NON-CONFORMING, shall mean a use, building or structure which is not a use, building or structure permitted in the zone in which the said use, building or structure is situated. 2.113 NON-RES1DENT1AL, when used with reference to a building, structure or use, shall mean designed, intended or used for purposes other than those of a dwelling. 2.114 NURSING HOME or REST HOME, shall mean a building in which the proprietor supplies for hire or gain 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. 2.115 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary basis. 23 2.116 OFFICE. GENERAL, shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business,labour or fraternal organization, but excludes such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. 2.117 OFFICE. PROFESSIONAL, shall mean any office used by professionally qualified persons, for the purposes of giving advice, consultation or treatment to clients or patients. 2.118 QIL shall mean crude oil, and includes any hydro-carbon that can be recovered in liquid form from a pool through a well. 2.119 OPEN SPACE, shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this by-law, and shall include recreational facilities, landscaped areas, patios, walkways, and residential driveways. 2.120 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. 2.121 OWNER, shall mean the person who holds legal title to a piece of property. 2.122 PARKING LOT, shall mean an area provided for the temporary parking of two or more motor vehicles and may include aisles, parking spaces and related entrance and exit lanes, but shall not include any part of a public street. 2.123 PARKING SPACE, shall mean an area enclosed in a principal building, in an accessory building, or unenclosed, having an area of not less than 14.4 square metres, measuring 2.4 metres by 6 metres, exclusive of aisles or driveways and accessible to a street or lane and set aside for the purpose of the temporary parking or storage of a motor vehicle. 24 2.124 PARK, PRIVATE, shall mean a park not open to the general public and which may be operated for commercial gain. 2.125 PARK PUBUC, 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. 2.126 PERMI i i tU, shall mean permitted by this By-law. 2.127 PERSON, shall include an individual, an association, a firm, a partnership, an incorporated company, municipal corporation, agent or trustee and their heirs, executors, or other legal representatives of a person to whom the context of this By-law can apply according to law. 2.128 PIT. shall mean any opening, quarrying, or excavation of or in the ground, licensed under the Pits and Quarries Control Act, R.S.O., 1980, as amended, for the purpose of removing rock, sand, gravel, earth, day, or limestone, and may include the processing thereof such as screening, sorting, washing, crushing, and other similar operations. 2.129 PIT, WAYSIDE, shall mean a temporary pit or quarry opened and used by a public road authority on the basis of a permit issued pursuant to the Pits and Quarries Control Act, R.S.O., 1980, as amended, solely for the purpose of a particular project or road construction contract and not located on the road right-of-way. 2.130 PLACE OF ENTERTAINMENT, shall mean a building or part thereof used for the purposes of an arena, auditorium, public hall, billiard or pool rooms, bowling alley, ice or roller rink but does not include all other places of amusement not specifically listed. 2.131 PLANTING STRIP, shall mean an area used for the planting and maintenance of a continuous row of trees or unpierced hedgerow of natural evergreens or shrubs not less than 1.2 metres (4.0 feet) in height at the time of planting, with the remainder of such an area used for both natural and man-made landscape materials. 25 2.132 PORCH, shall mean a roofed, open gallery, or portico attached to the exterior of a building. 2.133 PRIVATE CLUB, shall mean a lawn bowling, tennis, badminton or other athletic, social or recreational club located on private lands and not operated for profit and includes the premises of a fraternal organization. 2.134 PUBLIC AUTHORITY, shall mean any school board, public utility commission, Ontario Hydro, transportation commission, public library board, board of parks management, board of health, board of commissioners 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 municipality or a portion thereof, and includes any committee or local authority established by by-law of the Council of the Municipality. 2.135 RECREATIONAL FACILITIES, shall mean a building or portion thereof designed and intended to accommodate one or more leisure or sporting activities and shall include an arena, aquatic centre, tennis, squash and racquetball courts, dance studios and fitness centres. 2.136 RECREATIONAL USE, shall mean the use of land for outdoor leisure and sporting purposes and for purposes of enjoyment of the natural environment and activities related thereto,and without limiting the generality of the foregoing may include boating, camping, canoeing, hunting, fishing, snowmobiling and swimming. 2.137 RESIDENTIAL USE, means the use of a building or structure or parts thereof as a dwelling. 2.138 RESTAURANT, shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for consumption either on or off the premises and includes such uses as a cafe, cafeteria, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand. This definition shall not include a Drive-In Restaurant. 26 2.139 RESTAURANT, DRIVE-IN or TAKE-OUT, shall mean a building, or portion thereof, designed, used or intended for the sale of food or refreshments to the general public, and where such food or refreshment may be made available to a person while in his motor vehicle or while within the building, and where provision may be made for the consumption of such food or refreshment by the person while in his motor vehicle, or within the building, or elsewhere on the site. 2.140 RETAIL STORE, shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for retail sale to the public, and offices, servicing manufacturing, repairing, warehousing or storage functions accessory thereto, but does not include a restaurant. 2.141 RETAIL STORE. GENERAL, shall mean a retail store within which is conducted the selling of groceries, convenience goods, and other general merchandise. A general retail store may be included as part of an automobile service station. 2.142 SALVAGE YARD, shall mean, an establishment where goods, wares, merchandise, substances, articles or things are processed for further use, and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open and includes a junk or scrap metal yard and an automobile wrecking yard. 2.143 SCHOOL, shall mean any school established and maintained by the Elgin County Board of Education, or the Elgin County RC Separate School Board. 2.144 SCHOOL, PRIVATE, shall mean an educational or training establishment which is not under the jurisdiction of a Board as defined by the Department of Education Act, R.S.O., 1980, as amended from time to time. 2.145 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/or used for persons sixty (60) years of age or over. 27 2.146 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. 2.147 SETBACK, shall mean the horizontal distance from the property boundary line, measured at right angles from a street allowance or property boundary line, to the nearest part of any building or structure on a lot. 2.148 SHOPPING CENTRE, shall mean a building or group of buildings planned, designed, developed and managed as a unit having off-street parking provided on the site and which building or buildings are designed and which function as a unit accommodating a minimum of five (5) separate business, as opposed to a business area comprising unrelated individual establishments. 2.149 SIGN, shall mean a name, identification, description, devise, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. 2.150 STOREY, shall mean the portion of the building, other than the basement or cellar, which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. 2.151 STOREY. FIRST, shall mean the lowest storey of a building, excluding the basement or cellar. 2.152 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 a least fifty (50) percent of the area of the floor next below. 28 2.153 STREET or ROAD, shall mean a public highway as defined by the Municipal Act. 2.154 STREET UNE, shall mean the limit of the street allowance and is the dividing line between a lot and a street. 2.155 STRUCTURE, shall mean any material, object, or work erected as a unit or constructed or put together of connected or dependent parts or element whether located under, on, or above the surface of the ground, but does not include a sign, fence, or boundary wall. 2.156 TAVERN, shall mean an establishment operating under the Liquor Licence Act, R.S.O, 1980, as amended from time to time, where alcoholic beverages are sold to be consumed on the premises. 2.157 TOURIST HOME, refer to the definition of Boarding House. 2.158 TRAVEL TRAILER, shall mean any vehicle including a camping trailer, so constructed that it is suitable 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. 2.159 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. 2.160 USE, when used as a noun, shall mean the purpose for 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. 2.161 WATER SUPPLY, COMMUNAL shall mean a privately 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. 29 2.162 WATER SUPPLY SYSTEM. PUBIJC, 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 industrial use, or to more than one institutional use, or combination thereof, situated on separate lots. 2.163 WATER WELL-HIGH YIELD, shall mean a hole and any structure appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, with a yield of 3.8 litres of water per second or greater. 2.164 WELL, shall mean a hole and any structure appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, that is drilled for the production of fresh water. 2.165 WRECKING YARD, shall mean an establishment with a commercial wrecking licence where goods, wares, merchandise, substances, or articles are stored wholly or partly in the open and includes a junk, scrap metal or salvage yard and an automobile wreaking yard. 2.166 YARD. shall mean a space, appurtenant to a building or structure, located on the same lot as the main building or structure, and which space is open, uncovered and unoccupied from the ground to the sky except for such buildings, structures, or uses as are specifically provided for elsewhere in this By-law. 2.167 YARD, FRONT, shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. "FRONT YARD DEPTH" means the least horizontal dimension between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.168 YARD, REAR, shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. "REAR YARD D�'Ill' means the least horizontal dimension between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. 30 2.169 YARD. SIDE, shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest main wall of any building or structure on the lot. "SIDE YARD WIDTH" means the least horizontal dimensions between the side lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.170 YARD. SIDE. EXTERIOR, shall mean a side yard immediately adjoining a public street. 2.171 YARD. SIDE. INTERIOR, shall mean a side yard other than an exterior side yard. 2.172 ZONE, shall mean an area delineated on a Zoning Map and identified by a zone symbol within which a specific use or group of uses are permitted by this By-law. 31 SECTION 3 - ZONES AND ZONING MAP 3.1 ESTABUSHMENT OF ZONES For the purposes of this By-law, the maps hereto attached as Schedule 'A', shall be referred to as the "Zoning Map" for the Village of Vienna and the zoning map shall be divided into one or more of the following zones: ZONE SYMBOL Residential First Density Zone 1 R1 Residential Second Density Zone 2 R2 Central Commercial C1 Local Commercial C2 Industrial M Institutional Parks and Open Space OS Floodway FW Flood Fringe FF Future Development FD 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, preceded by any of the said symbols, such zones shall mean any area within the Village of Vienna delineated on the zoning map and designated thereon by the said symbol. 3.3 APPUCAT1ON OF REGULATIONS No person shall within any zone 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. 32 3.4 DEFINED AREAS All zones may be subdivided into one or more defined areas within which greater or lesser restrictions shall apply. These defined areas shall be designated by reference to the symbol of the zone within which each such defined area is located together with a number so as to differentiate different defined areas within a zone from each other and from other areas within the zone. 3.5 EXCEPTIONS FOR DEFINED AREAS Within any zone there may apply exceptions with respect to a defined area and, in addition to such exceptions, all provisions of this By-law including the general use regulations and the special use regulations applicable to the zone within which the defined area is located shall apply to the defined areas; provided that, unless a contrary intention appears from the exceptions, the following shall apply: a) if the exceptions establish regulations different from the general provisions of this By-law, including the general use regulations and special use regulations applicable to the zone within which the defined area is located, the exceptions shall supersede and prevail over such corresponding regulations of this By-law. b) if the exceptions establish one (1) or more specifically permitted uses of the defined area, such permitted use or uses shall be the only purpose or purposes for which land, buildings or structures within the defined area may be used; and c) if the exceptions specifically permit one (1) 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 exceptions applicable to the defined area shall also apply to the additional permitted use or uses and not only to the uses not otherwise permitted in the zone. 3.6 MULTIPLE ZONES Where a lot is subdivided into more than one zone, the regulations applicable to these zones shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines for the purposes of this By-law. 33 3.7 INTERPRETATION OF ZONE BOUNDARIES Where any uncertainty exits as to the location of the boundary of any of the said zones as shown on the zoning maps, the following shall apply: a) unless otherwise shown, the boundary of the zones as shown on the zoning maps are the centre lines of the road allowance or lot lines and the projection thereof; b) where a zone boundary is indicated as approximately following lot lines, such lot lines shall be deemed to be the said zone boundary; c) where a zone boundary is indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundary shall be construed as being parallel to such road and the distance therefrom shall be determined by the use of the scale shown on the zoning maps; d) unless otherwise indicated, a road, railway right-of-way, or watercourse included on the zoning maps is included within the zone of the adjoining lands on either side thereof; and where such road, right-of-way, or watercourse serves as a boundary between two or more different zones, a line midway in such road, 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; e) in the event a road or railway right-of-way shown on the zoning maps is closed, the land formerly in said road or right-of-way shall be included within the zone of the adjoining land on either side of the said closed road or right-of-way, ad the zone boundary shall be the former centre line of the said closed road or right-of-way; f) 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 the zoning maps in the office of the Municipality. 34 SECTION 4 - GENERAL PROVISIONS 4.1 APPLICATION The provisions of this section apply in all zones except as may be indicated otherwise by this By-law. 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 uses located, and provided that no accessory building or use shall: a) be used for human habitation, except where a dwelling unit is a permitted accessory use; b) 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; c) where the accessory building is built on a corner lot, be built no closer to the front or side lot lines than the minimum distance required in this By-law for the main building on the lot; d) with the exception of buildings and structures for farm uses be erected in the front yard or the exterior side yard, in the case of a corner lot. e) with the exception of buildings or structures for farm uses be built closer to the street or road than the main building is to the street or road; f) be built closer than one (1.0) metre to any lot line except: i) that common semi-detached private garages or carports may be centred in the mutual lot line; g) exceed ten (10) percent coverage of the total lot area except silos or grain handling equipment; 35 h) with the exception of buildings and structures for farm uses exceed more than 6.0 metres in height or contain two storeys unless otherwise noted or regulated in this By-law; i) be built within two (2.0) metres of the main building; j) be considered as an accessory building if attached to the main building in any way; k) 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 erected within two (2.0) metres of the main building, shall not exceed ten (10) percent of the total floor area of the main building, or shall not exceed a maximum floor area of two hundred and eighty (280.0) square metres whichever is less. Where no building exits, 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- five (45.0) 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-five (45.0) 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. 36 4.5 HOME OCCUPATIONS Where a home occupation is permitted in a particular zone, the following provisions shall apply: a) the floor area taken up by the home occupation shall be no more than 28 square metres (300 square feet) in total; b) there is no external storage of materials, containers or finished products; c) there is no mechanical equipment which gives rise to noise,fumes, dust, or odour which escape to any adjoining premises; d) the home occupation shall not involve the use of the premises as a base of operation for persons who are employed by or associated with the home occupation,nor shall the premises be used to assemble or rally such persons for transportation to a work site; e) there shall be no visible indication that home occupation is being carried on within the dwelling unit except that one sign no larger than 0.5 square metres attached to the dwelling unit shall be permitted to show the name and callings of the residents concerned; f) no retail use of the dwelling unit shall be permitted as a home occupation, except retail sales of a finished article as provided in subsection i); g) no institutional use of the dwelling unit shall be permitted as a home occupation; h) no food preparation or service shall be provided in connection with the home occupation; i) no manufacturing or assembly shall be carried on or in connection with the home occupation except for the fabrication of handmade articles of clothing, arts or crafts; 37 j) no lodging shall be provided in connection with a home occupation, however, this subsection does not preclude or prohibit the establishment or operation of a boarding house, rooming house or tourist home as defined by this By-law and where permitted by this By-law; k) no lands, premises, detached garages or accessory buildings associated with the dwelling unit shall be used in connection with the home occupation; I) one off-street parking space shall be provided for every 18.5 square metres (200 square feet) of floor area, or a portion thereof, devoted to the home occupation; m) and, for greater clarity, such uses include the offices or consulting room for a professional 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 plumber, carpenter, painter or electrician and the workroom for a dressmaker, milliner, or hairdresser and a day nursery limited to five (5) charges, 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 or any similar use or other commercial use or institutional use or a workshop, storage yard, parking area or plant for any of the trades. 4.6 AGRICULTURAL HOME OCCUPATIONS Where an agricultural home occupation is permitted in a particular zone, the following provisions shall apply: a) storage of materials, containers or finished products in the front or side yards shall not be permitted; b) any building or structure, excluding that for residential use, used for an agricultural home occupation shall not exceed seventy (70.0) square metres of ground floor area; c) agricultural home occupations shall include only a carpentry shop, a wood working shop, a welding shop, and home craft operations such as pottery or a weaving operation. 38 4.7 PUBUC USES The provisions of this 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 Corporation of the Village of Vienna, or by any local Board thereof as defined by the Municipal Act, as amended and revised from time to time, 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 are complied with except in the case of buildings and structures erected prior to the date of the passing of the By-law in which case the requirements do not apply; b) no goods, material, or equipment shall be stored in the open in a residential zone or in a lot adjacent to 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; d) any parking and loading regulations for these uses are complied with. e) notwithstanding, the generality of the foregoing, electric power facilities shall not be required to comply with the setback or yard requirements of this By-law. 4.8 PROHIBITED USES The following uses shall be prohibited in any zone unless otherwise provided for. 4.8.1 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. 39 4.8.2 No land shall be used, and no buildings or structures shall be erected, used, or altered in any zone for the industrial manufacture of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, 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. 4.8.3 Any use is prohibited which by its nature or by the materials used therein is declared under the Public Health Act, as amended and revised from time to time, or any regulations adopted thereunder to be a noxious or offensive trade, business or manufacture. 4.8.4 No land, building or structure shall be used for the purposes of the growing of mushrooms in the municipality. 4.8.5 No land, building or structure shall be used for the purposes of a pit or quarry. 4.8.6 It shall be prohibited to locate and use a mobile home in any zone for the purposes of residential, business, industrial or institutional uses, temporarily or permanently, unless the use of a mobile home for such purposes is listed specifically in this By-law as a permitted use within a particular use zone. 4.8.7 All land, buildings, structures, uses in any zone unless specifically listed as a permitted use in that zone. 4.9 NON-CONFORMING USES The provisions of this By-law shall not apply: a) to prevent the use of any land, building or structure 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 40 b) to prevent the erection or use for a purpose prohibited by the By- law of any building or structure for which a permit has been issued under Section 5 of the Building Code Act, R.S.O., 1980, as amended, prior to the day of the passing of the By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under Section 6 of the Building Code Act, R.S.O., 1980, as amended. 4.10 NON-COMPLYING USES Where a building or structure 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 enlarged, reconstructed, repaired or renovated provided that: a) the alterations, enlargement, reconstruction, repair or renovation does not further reduce a front yard and/or side yard and/or rear yard and/or setback having less than the minimum required by this By-law, and b) all other applicable provisions of this By-law are complied with. 4.11 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: a) 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 less, and; b) such uses or buildings are removed when the work for which they were permitted is terminated. 41 4.12 EXISTING LOTS Notwithstanding any other provisions of this By-law, existing lots with less than the required lot area or lot frontage may be developed for the use specified in the appropriate zone provided all other regulations of the By- law are satisfied and: 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. 4.13 HAZARDOUS AREAS 4.13.1 Buildings and structures for uses permitted by this By-law are permitted if an only to the extent permitted by the regulations made under the Conservation Authorities Act, R.S.O., 1980, as amended from time to time. 4.13.2 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 watercourse, or to the top of the said cliff or embankment. 4.13.3 Any application for a building permit on a lot in any zone within the Municipality may be referred by the Building Inspector to the Ministry of Natural Resources or the Long Point Region Conservation Authority for analysis of the severity and location of hazardous natural conditions before issuance of the said permit. 4.14 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS 42 4.14.1 No new building shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed, and sanitary conveniences installed and, where applicable, kitchen and heating facilities have been installed and are in a satisfactory working order. 4.14.2 A certificate of occupancy may be issued prior to the external siding being erected subject to the work being completed within twelve (12) months of the date the certificate was issued. 4.15 TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS USED FOR HUMAN OCCUPANCY 4.15.1 No truck, bus, coach or street car body shall be used for human occupancy within the Municipality whether or not the same is mounted on wheels. 4.15.2 No travel trailer, truck camper, motor home, or tent shall be used for the living, sleeping or eating accommodation of persons within the Municipality for more than thirty (30) consecutive days unless such travel trailer, truck camper, or motor home is located in a campground licensed by the Municipality. 4.16 MOVING OF BUILDINGS In all zones, no building shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality without a permit from the Building Inspector. 4.17 MAIN ACCESS IMITATIONS 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 unless to satisfy a condition of floodproofing requirements as imposed by the Long Point Region Conservation Authority. 43 4.18 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 proposed to be erected abuts or fronts on a public street or public road. 4.19 SIGHT RESTRICTION ON CORNER LOT Notwithstanding any other provisions of the By-law, and except in a commercial zone, on a corner lot within the triangular space included between the street lines for a distance of nine (9.0) metres from their point of intersection no shrubs or foliage shall be planted or maintained which obstruct the view of a driver or a vehicle approaching the intersection and, no building or structure shall be erected, or driveway shall be,located. 4.20 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 the street line, and no portion of any driveway shall be located closer than (9.0) metres to the intersection of the two street lines or their projections. 4.21 MINIMUM SETBACKS FROM ARTERIAL STRE fS OR ARTERIAL ROADS Notwithstanding any other provision of this By-law, where a building or structure is erected adjacent to a King's Highway, or a County Road, and in the absence of an established building line as determined by the Ontario Ministry of Transportation and Communications, the County of Elgin or the Village of Vienna, as the case may be minimum setbacks from such arterial streets or arterial roads shall be as follows: Kiing's Highway 14.5 metres from the edge of the right- of-way County Road 25.0 metres from the centre line 44 4.22 ESTABUSHED BUILDING UNE ON STREETS OR ROADS Notwithstanding any other subsequent provisions of this By-law, where a single-unit detached dwelling or accessory use thereto is to be erected within a built-up area where there is an established building line, such dwelling or accessory use may be erected closer to the street line or to the centre line of the street or road, as the case may be, than required by this By-law provided such dwelling or accessory use is not erected closer to the street line or to the centre line of the street or road, as the case may be, than the established building line on the date of passing of this By-law. 4.23 USE OF YARDS ON LANDS WITHOUT BUILDINGS Where land is used for or in connection with residential, commercial, industrial, or institutional uses but without any buildings or structures thereon, all yards required by this By-law on a lot in the respective use zone shall be provided and maintained as yards and the applicable 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. 4.24 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. 4.25 PERMI i t tll ENCROACHMENTS IN YARDS Unless otherwise specified in this By-law, 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 permitted to project into the yards indicated for the distance specified: 45 MAXIMUM PROJECTION STRUCTURE PERMI 1 1 tU YARD FROM MAIN WALL window sills, cornices, eaves, gutters, chimneys, or pilasters any yard 0.5 metres fire escapes & exterior rear yard 1.5 metres staircases only bay windows & awnings front, rear & 1.0 metres exterior side yard only open, roofed porches front & rear 2.2 metres not exceeding one storey yards only including in height uncovered for all dwellings eaves, terraces except apartment cornices & dwellings; any canopies yard for apartment dwellings cantilevered wall front & rear 0.7 metres yards Enclosures to any porch or terrace permitted in Section 4.25 of this By- law shall be limited to one (1.0) metre in height exclusive of roof supports but this shall not prohibit the enclosure of a porch or terrace by latticing or screening or any other form of enclosure provided at least fifty (50) percent of the surface area of the said enclosure is open and unobstructed to the air. 4.26 BUF-i-t) STRIPS 4.26.1 A buffer strip shall be located within the zone for which it is required; it shall be planted, nurtured and maintained by the owner of the lot on which the buffer strip is located, and replacement of trees and plants be made by the owner, as necessary from time to time. 46 4.26.2 In all cases where access driveways extend through a buffer strip, it shall be permissible to interrupt the strip within three (3.0) metres of the edge of such driveway. 4.26.3 A buffer strip may form part of any required landscaped open space, including the required front, side and rear yards. 426.4 Where a commercial zone or an industrial zone abuts a residential zone, an institutional zone, or a park and open space zone, a strip of land not less than four and one-half (4.5) metres in width adjacent to and inside the commercial or industrial zone boundary shall not be used for any other purpose than a buffer strip. 4.26.5 Where an institutional zone abuts a residential zone, a strip of land not less than three (3.0) metres in width adjacent to and inside the institutional zone boundary shall not be used for any other purpose than a buffer strip. 4.27 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL, INSTITUTIONAL. AND PARKS AND OPEN SPACE ZONES Where any commercial zone or industrial zone fronts on a street or road opposite to, or directly abuts any residential zone, institutional zone, or parks and open space zone, the following provisions shall be complied with: a) no parking of vehicles with capacity over nine hundred (900) kilos shall be permitted in any side yard adjacent to the neighbouring zone with 4.5 metres; b) no loading space shall be located in, nor open onto any side yard adjacent to the neighbourhood zone with 4.5 metres; c) a buffer strip shall be provided in accordance with the provisions of Section 4.26. 47 4.28 PARKING REQUIREMENTS For every type of building listed below erected, altered, or enlarged in any zone after the passing of this By-law, off-street parking shall be provided and maintained in accordance with the following provisions: TYPE OF USE PARKING REQUIREMENT Dwelling unit in a single unit One (1) parking space detached, semi-detached duplex, per dwelling unit triplex or double duplex dwelling Dwelling unit in a townhouse, One and one-quarter rowhouse, apartment or a building (1.25) parking space containing both commercial and per dwelling unit residential uses Auditoriums, restaurants, where there are fixed community centres, private clubs seats, one (1) parking and other places of assembly space for every five (5) seats; or, where there are no fixed seats, one (1) parking space for each ten (10.0) square metres of floor area devoted to public use hospitals, senior citizens' homes, one (1) parking space nursing homes, rest homes, and for each two beds welfare institutions 48 TYPE OF USE PARKING REQUIREMENT churches one (1) parking space for every ten (10) seats or six (6.0) metres of bench space hotels and motels one (1) parking space per rental unit taverns one (1) parking space per table boarding house, rooming house one (1) parking space or tourist home for every two (2) rental units retail stores one (1) parking space for every fifty-five (55.0) square metres of retail floor area • industrial uses one (1) parking space for every thirty-seven (37.0) square metres of manufacturing floor area travel trailer parks one (1) parking space per unit and one (1) parking space for every four (4) units for visitor parking. 4.29 PARKING REGULATIONS IN RESIDENTIAL ZONE 4.29.1 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 4.29.2 of this By-law. 49 4.29.2 No commercial motor vehicle, having a capacity of greater than 1000 kilos, shall be parked or stored in a residential zone. 4.29.3 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. 4.30 DRIVEWAY REGULATIONS WHERE A DRIVEWAY IS REQUIRED TO SERVE A RESIDENTIAL USE 4.30.1 The maximum width of a driveway, measured along the sidewalk, where such exists, and along the street line shall be nine (9.0) metres. 4.30.2 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. 4.30.3 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. 4.30.4 The interior angle formed between the street line and the centre line of any driveway shall not be less than forty-five (45) degrees. 4.31 WAYSIDE PfT Wayside Pits shall be permitted in all zone categories except zones which are established to recognize existing development or areas of particular environmentally sensitive upon which wayside pits may be prohibited. 50 4.32 DEVELOPMENT OF CLOSED WASTE DISPOSAL SITES Section 45 of the Environmental Protection Act prohibits the use of a waste site for any type of development for a period of 25 years from closure. Notwithstanding any other provisions of this By-law dosed waste sites shall be prohibited from development of buildings and structures until such time as deemed permissable by the Ontario Ministry of Environment. 51 SECTION 5 - RESIDENTIAL-FIRST DENSITY (R1) ZONE REGULATIONS 5.1 PERMI i i tU USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Residential First Density (R1) Zone except for the following purposes: single unit detached dwelling; home occupations; accessory uses. 5.2 PERMI i i tll BUILDINGS AND STRUCTURES One single-unit detached dwelling on one lot; Accessory buildings and structures for the permitted uses. 5.3 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 sewer disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 5.4 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 - 20.0 metres. 52 5.5 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 pipe municipal or communal water supply is available - 40.0 metres. 5.6 MAXIMUM BUILDING COVERAGE 30 percent. 5.7 MINIMUM FLOOR AREA 80.0 square metres. 5.8 MINIMUM FRONT YARD 7.0 metres. 5.9 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. 5.10 MINIMUM REAR YARD 7.0 metres. 53 5.11 REGULATIONS FOR ACCESSORY BUILDINGS Notwithstanding the provisions of Section 4.2, the following shall apply: 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. 5.12 EXCEPTIONS - RESIDENTIAL FIRST DENSITY (R1) ZONE 5.12.1 5.12.1 Defined Area R1-1 as shown on Schedule 'A' to this By-law. 5.12.1.2 Minimum Lot Area 2.5 hectares. 5.12.1.3 Minimum Lot Frontage Notwithstanding any other provisions of this By-law, as now or hereafter amended, a 3.0 metre minimum lot frontage on a private road providing vehicular access to Highway No. 19 is required. 54 5.12.1.4 Minimum Front Yard 7.0 metres from the required lot frontage in accordance with Subsection 5.12.1.3 of this By-law. 5.12.1.5 Minimum Floor Area 100.0 square metres. 5.12.1.6 Regulations For Buildings and Structures Notwithstanding any other provision of this By-law, any building or structure erected adjacent to the Special Parks & Open Space (OS-1) Zone shall be setback a minimum distance of 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the Big Otter Creek and 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the gully forming the eastern boundary of the Special Residential-First Density (R1-1) Zone. 5.12.1.7 Accessory Uses a) be used for human habitation; b) be erected in the front yard of the lot; c) be built closer to the street or road than the main building is to the street or road; d) be built closer than two (2.0) metres to any lot line; e) exceed eighteen and one-half (18.5) square metres of floor area or have a height exceeding three and one-half (3.5) metres; f) be built within two (2.0) metres of the main building; g) be considered as an accessory building if attached to the main building in any way; h) be considered an accessory building if located completely underground. 55 5.12.1.8 Buffer Strip A buffer strip as defined in Section 2.15 of this By-law shall be required as follow: i) adjacent to the property boundary between the R1-1 Zone and Lot 12 and 13 of R.P. 54 of the Village of Vienna; ii) adjacent to the property boundary between the R1-1 Zone and Lot 7 of R.P. 54 of the Village of Vienna to a distance of 25.0 metres from Highway No. 19 right-of-way; iii) adjacent to the property boundary between the R1-1 Zone and Lot 8 of R.P. 54 of the Village of Vienna to a distance of 25.0 metres from Highway No. 19 right-of-way. 56 SECTION 6 - RESIDENTIAL-SECOND DENSITY (R2) ZONE REGULATIONS 6.1 PERMI i T tU USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Residential Second Density (R2) Zone except for the following purposes: semi-detached dwellings; duplex dwellings; triplex dwellings; double duplexes; townhouse dwellings; rowhouse dwellings; apartment buildings; boarding houses; rooming houses; senior citizen homes; accessory buildings and structures. 6.2 PERMI i 1.i.) BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 57 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: semi-detached and duplex dwellings - 1610.0 square metres all others - 1840.0 square metres. Where municipal sanitary sewer disposal facilities are not available but a piped municipal water supply or a communal water supply is available: semi-detached and duplex dwellings - 1000.0 square metres; all others - 1200.0 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: semi-detached and duplex dwellings - 35.0 metres; all others - 40.0 metres. Where only a piped municipal or communal water supply is available: semi-detached and duplex dwellings - 25.0 metres; all others - 30.0 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 pipe municipal or communal water supply is available - 40.0 metres. 58 6.6 MAXIMUM BUILDING COVERAGE semi-detached, duplex, triplex, double duplex dwelling units - 40 percent; rowhousing, townhousing units - 30 percent; apartment buildings, boarding, rooming or senior citizen homes - 40 percent. 6.7 MINIMUM FLOOR AREA semi-detached, duplex, triplex, double duplex dwelling units - 80.0 square metres; apartment building units - 50.0 square metres; boarding, rooming or senior citizen dwelling units - 40.0 square metres. 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. 59 6.10 MINIMUM REAR YARD 10.0 metres. 6.11 REGULATIONS FOR ACCESSORY BUILDINGS Notwithstanding the provisions of Section 4.2, the following shall apply: 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. 6.12 EXCEPTIONS - RESIDENTIAL SECOND DENSITY (R2) ZONE 60 SECTION 7 - CENTRAL COMMERCIAL (Cl) ZONE REGULATIONS 7.1 PERMI i i ti.) USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Central Commercial (Cl) Zone except for the following purposes: animal clinics; auctioneer's premises; • automobile service station or public garage; banks and other financial institutions; barber shops and beauty parlours; bus station; bakeries; convenience plaza; farm equipment sales and service outlets; funeral homes; hotels, motels, taverns; laundry and dry-cleaning establishments; offices (commercial and professional); public and private hospitals and nursing homes; recreation and entertainment establishments; restaurants or snack bars; retail stores or service shops not engaged in manufacturing on the premises; 61 tourist homes connected to and forming an integral part of the commercial building and located over the first storey commercial use; residential uses as an accessory use 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. 72 PERMITTED BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; 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 a communal water supply are no 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 - 800.0 square metres. 7.4 MINIMUM LOT FRONTAGE a) Where a municipal sanitary sewage disposal facilities and 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 metres. 62 7.5 MINIMUM LOT DEPTH a) Where a 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 pipe municipal or communal water supply is available - 40.0 metres. 7.6 MAXIMUM BUILDING COVERAGE 60 percent. 7.7 MINIMUM BUILDING HEIGHT 12.0 metres. 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 a yard abuts a Residential, Institutional, or Parks and Open Space Zone 4.5 metres, otherwise no side yard shall be required. 7.10 MINIMUM REAR YARD 6.0 metres. 63 7.11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMI I I a) IN SECTION 7.1 a) Minimum Lot Area Per Dwelling Unit 460.0 square metres 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 64 SECTION 8 - LOCAL COMMERCIAL (C2) ZONE REGULATIONS 8.1 PERMI I 1 tll USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Local Commercial (C2) Zone except for the following purposes: auctioneer's premises; automobile service station or public garage; convenience plaza; insurance and real estate office; medical office or clinic; retail store; service shop; one dwelling unit as an accessory use 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. 8.2 PROHIBITED USES shopping centres. 8.3 PERMI I i ti) BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 65 8.4 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a 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 - 800.0 square metres. 8.5 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and 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 - 20.0 metres. 8.6 MINIMUM LOT DEPTH Where a 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 piped municipal water supply or a communal water supply is available - 40.0 metres. 8.7 MAXIMUM BUILDING COVERAGE 40 percent. 8.8 MINIMUM BUILDING HEIGHT 6.0 metres. 66 8.9 MINIMUM FRONT YARD 7.5 metres. 8.10 MINIMUM SIDE YARD 4.5 metres. 8.11 MINIMUM REAR YARD a) Where the yard abuts a Commercial or Industrial Zone: 6.0 metres. b) Where the budding contain residential accommodations: 10.0 metres. c) Where the yard abuts a Residential, Institutional, or Parks and Open Space Zone: 10.0 metres. 8.12 REGULATIONS FOR ACCESSORY RESIDEN71AL USES ;PERMI I i ti) IN SECTION 8..1 a) Minimum Lot Area Per Dwelling Unit: 460.0 square metres in addition to the requirements established in Section 8.4. . 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 dwelling unit 80.0 square metres 67 8.13 VEHICLE STORAGE In a Local Commercial (C2) Zone, any person who conducts a commercial undertaking in which commercial 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 commercial buildings and the residential buildings in and around the Local Commercial Zone. 8.14 EXCEPTIONS - LOCAL COMMERCIAL (C2) ZONq 68 SECTION 9 - INDUSTRIAL (M) ZONE REGULATIONS 9.1 PERMI ti) USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Industrial (M) Zone except for the following purposes: manufacturing and industrial operations; warehousing and storage uses; offices and retail outlets as accessory uses related to industrial operations; a public works yard; one dwelling unit as an accessory use located within the main building and intended to be used for one caretaker or one person and his family employed in the manufacturing and industrial operations or uses permitted in this subsection. buildings accessory to the foregoing uses. 9.2 PERMI t I EL) BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; 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 - 1850.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 1000.0 square metres. 69 9.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are not available - 37.0 metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 25.0 metres. 9.5 MINIMUM LOT DEPTH Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 50.0 metres. Where municipal sanitary sewage disposal facilities are not available but piped municipal water supply or a communal water supply is available - 40.0 metres. 9.8 MAXIMUM LOT COVERAGE 60 percent 9.7 MAXIMUM BUILDING HEIGHT 12.0 metres. 9.8 MINIMUM FRONT YARD Ten (10.0) metres except that where the lot fronts onto a King's Highway and any connecting links or concession roads, it shall be fourteen and one-half (14.5) metres from the property line of the said road. 9.9 MINIMUM SIDE YARD 4.5 metres except where the use abuts a Residential, Institutional, Park and Recreation Zone in which case the yard will be 7.5 metres. 70 9.10 MINIMUM REAR YARD 7.5 metres except where the use abuts a Residential, Institutional or Parks and Open Space Zone in which case the yard shall be 10.5 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. 9.12 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMI I I EU IN SECTION 9.1 a) Minimum Lot Area Per Dwelling Unit: 460.0 square metres in addition to the requirements established in Section 9.3. 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 dwelling unit 80.0 square metres 9.13 EXCEPTIONS - INDUSTRIAL (M) ZONE 7z SECTION 10 - INSTITUTIONAL (I) ZONE REGULATIONS 10.1 PERMI I i t3J USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Institutional (I) Zone except for the following purposes: church; school; library; museum; cultural institution; hospital; clinic; convalescent home; nursing home; government offices; community centre; cemetery or mausoleum; accessory uses. 10.2 PERMI ti.) BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 72 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 - 1500.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 10.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and 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 - 20.0 metres. 10.5 MINIMUM LOT DEPTH Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 50.0 metres. Where municipal sanitary sewage disposal facilities are not available but piped municipal water supply or a communal water supply is available - 40.0 metres. 10.6 MAXIMUM LOT COVERAGE 40 percent. 10.7 MAXIMUM BUILDING HEIGHT 12.0 metres. 73 10.8 MINIMUM FRONT YARD Ten (10.0) metres except that where the lot fronts onto a K'ing's Highway and any connecting links or concession roads, ft shall be fourteen and one-half (14.5) 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. 10.11 D(CEPTIONS - INSTITUTIONAL (I) ZONE 74 SECTION 11 - PARKS AND OPEN SPACE (OS) ZONE REGULATIONS 11.1 PERM!i I tU USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Parks and Open Space (OS) Zone except for the following purposes: campground; conservation area; fairgrounds; public park; private park; parking area (public); one dwelling unit for a caretaker or an essential workman whose presence on the premises is necessary at all times; buildings and structures accessory to the above uses. 11.2 REGULATIONS FOR BUILDINGS Any buildings erected in a Parks and Open Space (OS) Zone shall be set back a minimum distance of seven and one-half (7.5) metres from any lot line, and shall not cover more than twenty (20) percent of the area of the lot. 75 11.3 EXCEPTIONS - PARKS AND OPEN SPACE (OS) ZONE 11.3.1 11.3.1.1 Defined Area OS-1 as shown on Schedule 'A' to this By-law and defined as all lands between the 660 foot contour elevation (Canadian Geodetic Datum) and the Long Point Region Conservation Authority's established limit of the engineered Floodway (FW) Zone of the Big Otter Creek. 11.3.1.2 Permitted Uses Existing uses on the day of passing of this By-law. 11.3.1.3 Permitted Buildings and Structures Only those buildings and structures existing on the day of passing of this By-law. 76 SECTION 12 - FLOODWAY (FW) ZONE REGULATIONS 12.1 PERMI USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Floodway (FW) Zone except for the following purposes: conservation area; marina; parking areas; private parks excluding permanent buildings or structures; public parks excluding permanent buildings or structures; water oriented commercial and recreational uses; flood or erosion control structures. 122 SITE, BUILDING AND LOT REGULATIONS No buildings or structures may be erected, enlarged, extended, redeveloped, constructed or placed on lands within the Floodway (FW) Zone and no fill shall be placed or removed without the written approval of the Conservation Authority, the Ministry of Natural Resources or are in compliance to other provisions of this By-law. 77 12.3 EXCEPT1ONS - FLOODWAY (FW) ZONE 12.3.1 123.1.1 Defined Area FW-1 as shown on Schedule 'A' to this By-law and defined as all lands below the Long Point Region Conservation Authority's established limit of the engineered Floodway of the Big Otter Creek. 12.3.1.2 Permitted Uses Existing uses on the day of passing of this By-law. 12.3.1.3 Permitted Buildings and Structures Only those buildings and structures existing on the day of passing of this By-law. 78 SECTION 13 - FLOODFRINGE (FF) ZONE REGULATIONS 13.1 PERMI I 1 tU USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Floodfringe (FF) Zone except for the following purposes: single unit detached dwelling; home occupations; accessory uses. 13.2 PERMI I I t1J BUILDINGS AND STRUCTURES Building and structures for the permitted uses subject to the written approval of the Conservation Authority. 13.3 SITE. BUILDING. LOT AND USE REGULATIONS a) Permitted Uses, the minimum lot area and frontage, the minimum front, side and rear yard depths, the maximum lot coverage and building height, shall be in accordance with the regulations of Section 5 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 compliance with the regulations in Section 4.2 of this By-law. 13.4 EXCEPTIONS - FLOODFRINGE (FR ZONE 13.4.1 13.4.1.1 Defined Area FF-1 as shown on Schedule 'A' to this By-law. 79 13.4.1.2 Site, Building and Lot Regulations a) Permitted uses, the minimum lot area and frontage, the minimum front, side and rear yard depths, the maximum lot coverage and building height, shall be in accordance with the regulations of Section 7 of this By-law. b) The foregoing shall not apply to prevent the construction of buildings or structures accessory thereto subject to compliance with the regulations in Sections 4.2, 4.3 or 4.4 of this By-law. 80 SECTION 14 - FUTURE DEVELOPMENT (FD) ZONE REGULATIONS 14.1 PERM! t ) USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Future Development (FD) Zone except for the following purposes: existing agricultural uses; existing residential uses; farm buildings and structures including one single unit detached dwelling on one lot; home occupations; agricultural home occupations; accessory uses; uses lawfully in existence as of the effective date of passing this By-law. 14.2 PROHIBITED USES The establishment of new 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. 14.3 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 compliance with the regulations in Section 4.2. 81 READ A FIRST TIME THIS 13TH DAY OF SEPTEMBER, 1990. READ A SECOND TIME THIS 13TH DAY OF SEPTEMBER, 1990. READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF SEPTEMBER, 1990. Pt�(A� c� VILLAGE OF VIENNA • SCHEDULE "A" FD iiiIILFD S ili As,/.147!"—--–". I INNIMilrillit, ri°: FD Il liNals,Af.,,a- rr �ii��i *al„,,,, ; OS 1 ...las o -- ISS1 itil i ii � 0.,V , fl IN _'I FD p� i� ,.� •' F OS f fir• +m/$a+ FD 1 ` nig at or • ;.'i1�+l,��iV� !1w , FF , pip liAPOV .110 II lil ,,,vr. ,, ,, _ _ -_,, _ Ii! I Rt ,Fi i �� 0111 r ------ \FF,/�_=l•IW FF vet (to tlit-FF , . ..] 4444',,,, FD J / / ZONE SYMBOL, ZONE SYMBOL, Residential First Density Zone 7 Rt Institutional 1 Residential Second Density Zone 2 R2 Perks and Open Space OS Centre)Commercial Cl Roadway FW +� Local Commercial C2 Flood Fringe FF Industrial M Future Development FD This is Schedule"A"to By-law No. 90-12 passed this 13th day of September, 1990 • Reeve(Acting) Clerk o +oo zoo aoo aoo t- t 1 t 47° Cumming Cockburn Limited cad SCALE 1:10000w Consulting Engineers and Planners J