This By-law may be cited as "The Zoning By-law of the Township of Armour".
2.1 "Abandoned" means the failure, in the opinion of the Chief Building Official, to proceed expeditiously with construction work or to undertake construction work during any continuous 12-month period.
2.2 "Accessory Apartments" means self-contained apartments created through converting part of or adding on to existing homes.
2.3 "Accessory Building or Structure" means
(a) a detached building or structure that is not used for human habitation, but the use of which is naturally and normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot therewith, and
(b) includes a detached private garage, detached carport, boathouse or detached deck.
2.4 "Accessory Use" means a use naturally and normally incidental to, subordinate to or exclusively devoted to a principal use and located on the same lot therewith.
2.5 "Adult Entertainment Parlour" means any building or structure, or part thereof, in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations which includes:-
(a) services of which a principal feature or characteristic is the nudity or partial nudity of any person; and
(b) services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement.
2.6 "Aerodrome" means any lot, building or structure, used or designed, equipped or set apart, in whole or in part, for the arrival and departure, movement and servicing of aircraft.
2.7 "Affordable Housing" means housing which would have a market price or rent that would be affordable to households of low and moderate income. Affordable housing could also include any government assisted housing recognized, from time to time, as Affordable Housing by the Minister of Housing.
2.8 "Aggregate" means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, and rock, other than metallic ores.
2.9 "Agricultural Use" means
(a) a use of land, building or structure for the purpose of animal husbandry, bee-keeping, dairying, fallow, field crops, forestry, fruit farming, horticulture, market gardening, pasturage, poultry-keeping or any other farming use, and
(b) includes the growing, raising, packing, treating, storing and sale of produce produced on the premises and other similar uses customarily carried on in the field of general agriculture and which are not obnoxious.
2.10 "Agricultural Services" means the use of land, structure or building for the purposes of buying and selling commodities and services that are necessary to support agricultural operations, including a livestock sales barn, but does not include any manufacturing, assembling, processing, warehousing or construction uses.
2.11 "Alter" means
(a) when used in reference to a building or structure or part thereof, to change any one or more of the external dimensions of such building or structure or to make any change in the supporting members or to the type of construction of the exterior walls or roof thereof;
(b) when used in reference to a lot to change the lot area, lot frontage or lot depth thereof; to change the width, depth or area of any required yard, landscaped open space or parking area; or to change the location of any boundary of such lot with respect to a street or a lane, whether such alteration is made by conveyance or alienation of any portion of such lot or otherwise; or
(c) when used in reference to a use, to discontinue and replace a use with a use which is defined herein as being distinct from the discontinued use.
2.12 "Animal Hospital" means the premises of a veterinary surgeon where animals, birds or other livestock are treated or kept.
2.13 "Arcade" means any establishment or part or parts of an establishment containing 3 or more pinball or other mechanical game machines or electronic game machines operated for gain, including where the operation of such game machines for gain is an accessory use or is not the primary use of the establishment.
2.14 "Arena" means a facility for sport activities and includes ice surfaces for hockey and curling and other surfaces for any sporting activity.
2.15 "Assembly Hall" means a building or part of a building in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and shall include a banquet hall or private club.
2.16 "Attached" means affixed or fastened to.
2.17 "Attic" means the space between the ceiling of the top storey and the roof or between a dwarf wall and a sloping roof.
2.18 "Automobile Service Station" means
(a) a building or place,
(i) where gasoline or other motor fuels are kept for sale and for delivery directly into a motor vehicle; and
(ii) used only for the sale and delivery described in clause (1) of this sub-paragraph and for the performance of minor running repairs essential to the actual operation of motor vehicles and for the sale to the motoring public of goods usual to the trade, but
(b) does not include a public garage or an automatic car washing establishment.
2.19 "Automotive Use" means an automobile service station, a gasoline retail outlet, a vehicle repair shop, a body shop or a vehicle sales or rental establishment as defined herein.
2.20 "Bake Shop" means a bakery where the prepared food products of such bakery are offered for retail sale on the same premises and includes a restaurant.
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2.21 "Bank" means a banking institution as defined in The Bank Act.
2.22 "Bachelor Unit" means
(a) a dwelling unit in which only one room or part thereof contains sleeping accommodation, and which room is used as a living or dining room, or both, as well as for sleeping purposes, but
(b) does not mean or include a dwelling unit containing one or more rooms designed exclusively for sleeping accommodation.
2.23 "Basement" means
(a) that portion of a building or structure within which 50% or more of the interior wall height from finished floor to finished ceiling is below the average finished grade level adjacent to one or more of the exterior walls of the building or structure, but
(b) does not mean or include a storey or part of a storey.
2.24 "Bed and Breakfast Business" means
(a) a dwelling in which not more than four (4) habitable rooms for overnight lodging are provided for gain, with breakfast included, to persons other than the lessee, tenant or owner of said dwelling, or any member of his household, but
(b) does not include a hotel, motel, motor hotel, resort, trailer camp, seasonal camp or camping establishment.
2.25 "Boat House - Private" means a detached accessory building or structure which is designed or used for the sheltering of a boat or other form of water transportation and storage of household equipment incidental to the residential occupancy.
2.26 "Body Shop" means an establishment engaged in the repairing and/or painting of vehicle bodies.
2.27 "Building" means any structure consisting of walls and a roof, which is used or intended to be used for the shelter, accommodation or enclosure of persons, animals or chattels, and includes any structure defined as a building in The Building Code Act, but does not include any vehicle as defined herein.
2.28 "Building Area" means the greatest horizontal area of a storey above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls.
2.29 "Building By-law" means any by-law of the Corporation passed pursuant to The Building Code Act.
2.30 "Building Permit" means a permit required by the Building By-law and/or The Building Code Act.
2.31 "Business or Professional Office" means a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatments.
2.32 "By-law Enforcement Officer" means a person appointed by Council and charged with the duty of enforcing the provisions of the Zoning By-law and any amendments thereto.
2.33 "Cabin" means a 'cottage' as defined in this By-law.
2.34 "Camping Establishment" means a place where people are temporarily accommodated in tents, motor coach, trailer or truck camper, whether or not washing and toilet facilities are provided in permanent buildings, and shall include a day camp and a tourist trailer camp.
2.35 "Cemetery" means a cemetery or columbarium within the meaning of the Cemetery Act, as amended from time to time.
2.36 "Chief Building Official" means the Chief Building Official appointed by Council and charged with the duty of enforcing the provisions of The Building Code Act, or any successors thereto, together with any Regulations made thereunder.
2.37 "Church" means a building set aside by any religious organization for public worship and may include a church hall, auditorium, Sunday School, convent or parish hall. (See also Religious Retreat)
2.38 "Clinic" means a building or part thereof used by qualified medical practitioners, dentists, osteopaths, or other drugless practitioners, numbering more than two for public or private medical, surgical, physiotherapeutic or other human health purpose except when included within or accessory to a private or public hospital.
2.39 "Club" means
(a) a building or part of a building used as a meeting place for members of an organization, and
(b) includes a lodge, a fraternity or sorority house and a labour union hall.
2.40 "Commercial" means the use of land, building or structure for the purpose of buying and selling commodities, and supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and other similar uses.
2.41 "Commercial Club" means any club other than a private club.
2.42 "Committee of Adjustment" means the Committee of Adjustment of the Township of Armour in accordance with the provisions of Sections 44 and 45 of The Planning Act.
2.43 "Corporation" means the Corporation of the Township of Armour.
2.44 "Community Centre" means a building used for community activities and not used for commercial purposes.
2.45 "Condominium" means a building or structure wherein the Owner holds title to his/her own dwelling unit while sharing title to the land and other common areas of the development and sharing maintenance/operating costs with other dwelling unit owners through a condominium corporation.
2.46 "Co-operative" means a Corporation which owns real property and whose shareholders hold proprietary leases on portions of the real property and who share the maintenance/operating costs of the real property with each having the right to use all areas of the real property owned by the Corporation that is not specifically allocated to other shareholders by their own proprietary leases.
2.47 "Cottage" means a detached building used as an occasional and seasonal residential dwelling for recreation, rest or relaxation by one household, but not occupied continuously or as a principal residence or as a year-round permanent dwelling.
2.48 "Council" means the Municipal Council of the Corporation of the Township of Armour.
2.49 "Convenience Store" means a retail store serving the daily or occasional needs of the residents of the immediate area with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware, magazines and/or newspapers.
2.50 "Coverage" - see "Lot Coverage"
2.51 "Daylighting Triangle" means an area free of buildings or structures and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line and the triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the "daylighting triangle".
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2.51.1 "Deer Wintering Area" means lands designated "DY" on Schedule "A" Land Use Plan to the Armour Township Official Plan which indicate locales characterized by mature conifer cover, in which deer annually congregate during the winter, because of the availability of natural food and shelter from severe winter weather.
2.52 "Detached" means "not attached".
2.53 "Development" means the construction or erection of buildings or structures on, or the excavation of land.
2.54 "Driveway" means a vehicle access provided between a street or lane and a parking area or a loading space, or between two parking areas, but does not include a parking aisle.
2.55 "District" means the District of Parry Sound.
2.56 "Dwelling" means a separate building or factory built double-wide home containing one or more dwelling units.
2.57 "Dwelling, converted" means a dwelling altered to contain a greater number of dwelling units.
2.58 "Dwelling, duplex" means a separate building of two (2) or more storeys divided horizontally into not more than two (2) dwelling units, each of which is completely on a separate storey, and which building is used by not more than two (2) households.
2.59 "Dwelling, single detached" means a separate building or factory built double-wide home containing not more than one dwelling unit and used by not more than one household.
2.60 "Dwelling, semi-detached" means a separate building divided vertically into not more than two (2) dwelling units, and which dwelling units may be held in separate ownership and which building is used by not more than two (2) households.
2.61 "Dwelling, split level" means a dwelling containing three (3) or more sections at different levels where the difference in elevation is not less than 3 feet nor more than 6 feet between any such section and the next horizontally adjoining section, and two (2) or more of such sections are to contain one or more habitable rooms.
2.62 "Dwelling Unit" means
(a) one room or a group of rooms in a building used or designed or intended to be used by only one household as a single, independent and separate housekeeping establishment,
(i) in which food preparation and sanitary facilities are provided for the exclusive use of such household, and
(ii) which has a private entrance from outside the building or from a common hallway or stairway inside the building, but
(b) does not mean or include a tent, trailer, or a room or suite of rooms in a hotel, motel, motor hotel or bed and breakfast business.
2.63 "Eating Establishment" - see "Restaurant"
2.64 "Erect" means
(a) with reference to a building or structure, build, construct, reconstruct, or enlarge, and
(b) includes,
(i) any physical operation such as excavating, filling, grading or draining preparatory to building, construction, reconstruction, and
(ii) the moving of a building or structure from one location to another, and
2.65 "Erected" and "Erection" have a corresponding meaning.
2.66 "Existing" means existing on the date of the passing of this By-law.
2.67 "Factory Outlet Retail Store" means a building or part thereof accessory to a non-effluent producing industry, a warehouse or a service industry, wherein products manufactured, produced, processed or stored on the premises are kept or displayed for wholesale or retail sale, or wherein orders are taken for delivery of such products.
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2.68 "Farm" means a lot, with or without accessory buildings or structures, which is used for:-
(a) the tillage of soil;
(b) the growing of vegetables, fruits, grains or flowers including, but not necessarily limited to lettuce, carrots, tomatoes, mushrooms, beans, melons, potatoes and corn;
(c) woodlots;
(d) the raising of livestock including, but not so as to limit the generality of the foregoing, cattle, swine, sheep, goats, poultry, horses, ponies, donkeys, mules, mink, ducks, rabbits;
(e) dairying; or
(f) bee-keeping
2.69 "Farm Supply Store - Retail" means a building or part thereof in which goods, wares, merchandise, substances, articles or things including feed and seed are offered or kept for sale by retail directly to the surrounding rural community.
2.70 "Finished Grade" means
(a) when used in reference to a building, the average elevation of the finished surface of the ground adjoining the base of the longest exterior wall of such building or, where there are two or more such walls, the exterior wall having the lowest average elevation; or
(b) when used in reference to any other structure the average elevation of the finished surface of the ground at the base of such structure;
exclusively of any artificial embankment at the base of such building or structure.
2.71 "Flood Fringe" means the outer portion of the flood plain between the floodway and the limit of the regulatory flood.
2.72 "Flood Plain" means the area, usually low lands, which has been, or may be covered by flood water (see also Section 2.198).
2.73 "Floodproofing" means a combination of structural changes and/or adjustments incorporated into the basic design and/or construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce or eliminate flood damages. The word "floodproofed" has a corresponding meaning.
2.74 "Floodway" means the channel of a watercourse and that inner portion of the flood plain where flood depths and velocities are generally higher than those experienced in the flood fringe. The floodway represents that area required for the safe passage of flood flows and that area where flood depths and velocities are considered to be such that they pose a potential threat to life and property.
2.75 "Floor Area" means, with reference to a building, the total habitable floor area within a building which area is measured between the exterior faces of the exterior walls or from the centre line of a common or party wall, but excluding any private garage, breezeway, porch, verandah, balcony, sun room attic or basement.
2.76 "Floor Area, ground" means the floor area of the lowest storey of a building approximately at or just above the finished grade level excluding any basement, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but
(a) excludes car parking areas within the building, and
(b) for the purpose of this paragraph, the walls of an inner court are and shall be deemed to be exterior walls.
2.77 "Forestry" means the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection and production of water supplies, and preservation of the recreation resource.
2.78 "Fuel Depot" means a lot where bulk storage of fuel, including petroleum products and propane takes place, and where wholesaling and retailing of these products may be carried on.
2.79 "Garage, private" means a building or part thereof used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles of less than one ton maximum capacity and wherein neither servicing nor repairing is carried on for remuneration.
2.80 "Garage, public" means
(a) a building or place where motor vehicles are kept or stored for remuneration or repair, or a building or place used as a motor vehicle shop, but
(b) does not include an automatic car washing establishment, a motor vehicle sales lot or an automobile service station.
2.80.1 "Garden Suite" means a temporary single detached dwelling containing bathroom and kitchen facilities that is accessory to an existing single detached dwelling and that is designed to be portable.
2.81 "Golf Course" means a public or private area operated for the purpose of playing golf and does not include driving ranges.
2.81.1 "Golf Driving Range" means a public or private area for the purpose of practicing golf driving techniques and is equipped with distance markers, lighting, safety nets, parking areas, golf equipment rental facilities and washrooms, but does not include a golf course.
2.82 "Grade" see "Finished Grade"
2.83 "Greenhouse, commercial" means a building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouses, but are sold directly from such lot at wholesale or retail.
2.84 "Guest Sleeping Cabin" means a separate building of not more than 23 square metres (250 square feet) in floor area and not more than 4.5 metres (15 feet) in height which contains no kitchen facilities or bathrooms or any water or sewage treatment system and is not to be used for year-round human habitation.
2.85 "Greenhouse, Farm" means a building for the growing of plants, shrubs, trees and similar vegetation which are primarily transplanted outdoors on the same lot containing such greenhouse.
2.86 "Group Home" means a single housekeeping unit in a residential dwelling in which three to ten residents (excluding staff or receiving household) live under responsible supervision consistent with the requirements of its residents. The home shall be licensed or approved under Provincial statute.
2.87 "Habitable Room" means a room which:
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(a) is located within a dwelling unit;
(b) is designed for living, sleeping or eating, or contains sanitary or food preparation facilities; and
(c) can be used at all times throughout the year;
but does not include any room specifically defined herein as a non-habitable room.
2.88 "Non-Habitable Room" means any room in a dwelling other than a habitable room including, but not so as to limit the generality of the foregoing, a laundry room, a pantry, a lobby, a communicating corridor, a stairway, a closet , a sunroom, a verandah, a porch, a balcony, a private garage, an unfinished attic, a boiler room and any space used for the service and maintenance of such dwelling or for vertical travel between storeys.
2.89 "Height" means with reference to a building the vertical distance measured from the average finished grade level at the front elevation of such building to,
(a) in the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the greater, and
(b) in the case of a pitched roof, a point at the ridge, but
in calculating the height of a building, any construction used as ornament or for the mechanical operation of the building such as mechanical penthouse, or a chimney, tower, cupola or steeple is not to be included.
2.90 "High Water Mark" means the normal original water mark of any body of water as measured by an Ontario Land Surveyor unless such high water mark has been altered by the construction of a public dam or dams, in which case the measurement shall be from the high water mark as controlled by such dam or dams.
2.91 "Home for the Aged" means an institution to which The Homes for the Aged and Rest Homes Act applies, and any home for senior citizens sponsored and administered by any public agency or any service organization either of which obtains its financing from Federal, Provincial or Municipal Governments or agencies, or by public subscription or donation or by any combination thereof, and such home shall include auxiliary uses such as club and lounge facilities usually associated with senior citizens' residential accommodation.
2.92 "Home Industry" means a service industry or a non-effluent producing industry conducted in whole or in part within a building accessory to a single detached dwelling located in the Rural Ru Zone.
2.93 "Home Occupation" means an occupation conducted for gain or profit as an accessory use within a dwelling or dwelling unit by one or more persons residing therein and includes a professional office.
2.94 "Home Profession" means a professional service conducted entirely within a dwelling or dwelling unit by one or more persons residing therein. This includes an office for an accountant, architect, auditor, planner, dentist, drugless practitioner, engineer, insurance agent, land surveyor, lawyer, medical practitioner, notary or real estate agency.
2.95 "Hotel" means any establishment so defined in The Hotel Registration of Guests Act, or any successors thereto, and includes a motel or motor hotel.
2.96 "Household" means one or more human beings living together as a single, independent and separate housekeeping unit in one dwelling unit and for the purpose of this paragraph, the word "household" includes and shall be deemed to include gratuitous guests and employees on the premises containing the said dwelling unit.
2.97 "Hunting Lodge" means a building used as a temporary base for hunting activities.
2.98 "Industrial Disposal" means land licensed by the Ministry of the Environment for the disposal of waste and includes wrecking yards and landfill sites.
2.99 "Institutional" means
(a) the use of land, buildings or structures for religious, charitable, educational, health or welfare purposes, and
(b) includes churches, places of worship, non-profit community institutions, public or private schools, homes for the aged, retirement homes and nursery schools.
2.100 "Kennel" means a structure or building or any part thereof in which domesticated animals are raised or kept for profit, gain or show.
2.101 "Landfill Site" means land licensed by the Ontario Ministry of the Environment and Energy for the disposal of solid or liquid waste.
2.102 "Landscaped Open Space" means
(a) an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation and paths, walks, patios, fences and similar appurtenances, but
(b) does not include parking areas, parking lots, driveways, or ramps.
2.103 "Lane" means any passageway or right-of-way shown on a registered plan other than a street.
2.104 "Lease-back Retirement Co-operative" - see "Co-operative"
2.105 "Loading Space" means an off-street space or berth located on the same lot as a permitted use and used for the parking of a commercial vehicle loading or unloading merchandise or materials pertinent to such permitted use.
2.106 "Lodge" means an establishment catering to the vacationing public by providing meals and sleeping accommodation with at least five guest rooms or cabins, but shall not include any establishment otherwise defined or classified herein.
2.107 "Lot" means the minimum area of land under one ownership, other than a street, which is used or intended to be used as the site of or appurtenant to one or more main buildings, structures or uses, together with any accessory buildings, structures or uses, regardless of whether or not such area of land constitutes a registered lot.
2.108 "Corner Lot" means a lot having two or more street lines intersecting at an angle of not more than 135o, provided that where the street lines of a lot are curbed, the angle of intersection of such street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, and the corner of the lot shall be deemed to be that point of intersection of the said tangents.
2.109 "Interior Lot" means any lot, other than a corner lot, which abuts and is accessible from an improved street.
2.110 "Through Lot" means any interior lot having two or more front lot lines.
2.111 "Lot Area" means the total horizontal area within the lot lines of a lot, but shall not include any area below the high water mark.
2.112 "Lot Coverage" means the percentage of the lot area of a lot covered by the perpendicular projections onto a horizontal plane of the floor areas of all buildings on the lot, excluding balconies, canopies and overhanging eaves which are 2 metres (6 feet) or more in height above finished grade.
2.113 "Lot Depth" means
(a) the shortest horizontal distance between the rear lot line and the front lot line of a lot, where such lot lines are parallel;
(b) the average horizontal distance between the rear lot line and the mid-point of the front lot line of a lot, where such lot lines are not parallel; or
(c) the horizontal distance between the mid-point of the front lot line and the point of intersection of the side lot lines of a lot where there is no rear lot line.
2.114 "Lot Frontage" means the horizontal distance between the side lot lines measured along the front lot lines, but where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is to be measured by a line 30 feet back from and parallel to the chord of the lot frontage, and for the purpose of this paragraph, the chord of the lot frontage is a straight line joining the two (2) points where the side lot lines intersect the front lot line.
2.115 "Lot Line" means any boundary of a lot.
2.116 "Front Lot line" means:
(a) the lot line that divides the lot from the street, but
(b) in the case of a waterfront lot, the longest shoreline shall be deemed the front lot line.
(c) in the case of a corner lot the shorter street line shall be deemed to be the front lot line and the longer street line shall be deemed to be a side lot line, but
(d) in the case of a corner lot with two (2) street lines of equal length, the lot line that abuts the wider street, or Highway should be deemed to be the front line, and in the case of both streets being under the same jurisdiction, or of the same width, the owner of such corner lot may designate either street line as the front lot line.
2.117 "Rear Lot Line" means, in the case of a lot having 4 or more lot lines, the lot line farthest from and opposite to the front lot line, except that where a lot has less than 4 lot lines there shall be deemed to be no rear lot line.
2.118 "Side Lot Line" means a lot line other than a front or rear lot line.
2.119 "Exterior Side Lot Line" means a side lot line that is also a street line.
2.120 "Interior Side Lot line" means a side lot line other than an exterior side lot line.
2.121 "Lot, Registered" means a parcel of land described in a deed or other document legally capable of conveying land or shown as a lot or block on a registered plan of subdivision.
2.122 "Lot, Waterfront" means a lot which abuts a shoreline and may or may not also abut a street or lane.
2.123 "Marina" means a public or private commercial establishment where a boat house, boat storage yard, boat repair facilities, boat rental, pier, dock, or jetty facilities, or any combination of the foregoing are available for all types of marine-pleasure craft and may include a gasoline pump for the filling of marine craft and a building or structure for the sale of marine craft, accessories and/or refreshments, only a complementary incidental basis.
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2.124 "Main" when used to describe a use, a building or a structure, means a use or structure which constitutes or a building in which is conducted a principal use of the lot on which such use, building or structure is located.
2.125 "Mobile Home" means any dwelling or vehicle, within the meaning of Section 46 of The Planning Act, 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, notwithstanding that such dwelling or vehicle is jacked up or that its running gear is removed, but not including any dwelling or vehicle unless it is used or intended for the living, sleeping, or eating accommodation of persons therein for permanent year-round use. This definition shall not include a trailer.
2.126 "Mobile Home Park" means a lot managed by a mobile home park operator, for the permanent placement of one or more mobile homes or factory built park model homes or double-wide homes on individual mobile home sites, and may include a park, place of recreation, convenience retail store, dry cleaning distribution station, laundromat and personal service establishment.
2.127 "Motel, or Motor Hotel" means a building or buildings consisting of a number of individual rental units used for catering to the needs of the travelling public by furnishing sleeping accommodation with or without food.
2.128 "Motor Home" means a self-propelled recreational vehicle designed for living, sleeping and eating accommodation of persons.
2.129 "Motor Vehicle Service Station" means a building or structure where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, spark plugs, batteries and automotive accessories for motor vehicles and new retail goods are stored or kept for sale to the general public, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed.
2.130 "Motorized Snow Vehicle" means a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act.
2.131 "Municipal" when used in reference to a lot, a building or a structure, means a lot, a building or a structure owned, occupied and used by the Corporation or any committee, department, board, commission or agency thereof.
2.132 "Navigable Waterway" means a navigable body of water or stream as deemed under the Beds of Navigable Waters Act, and includes any body of water which is capable in its natural state or at normal water level of being navigated by floating vessels for the purpose of transportation, recreation or commerce.
2.133 "Non-Conforming" means the use of any land, building or structure which does not conform to the provisions of this By-law for the zones in which such use is located as of the date of the passing of this By-law.
2.134 "Non-Complying" means a permitted use, building or structure existing at the date of the passing of this By-law which is a conforming use but does not comply with one or more of the particular zone requirements of the zone within which it is located.
2.135 "Non-Effluent Producing Industry or Factory" means an industry or factory that does not utilize process waters and which does not produce waste waters as part of the industrial process.
2.136 "Non-Profit Community Institution" means facilities provided by the municipality or by any other group or organization without profit or gain.
2.137 "Nursing Home" means any building maintained and operated where lodging, meals and nursing care are provided for two or more persons, licensed under the Nursing Homes Act.
2.138 "Open Space" means an unoccupied space open to the sky except such land as is used or required for parking purposes by this By-law.
2.139 "Owner" means any person whose interest in a parcel of land is defined and whose name is specified in an appropriate instrument in the relevant Land Registry Office.
2.140 "Ownership" has a corresponding meaning.
2.141 "Park - Private" means a recreational area other than a public park and including therein one or more of the following: swimming pools, wading pools, refreshment rooms, camping areas, boating facilities, tennis courts, bowling greens, gardens, golf courses or similar open space.
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2.142 "Park - Public" means a recreational area owned or controlled by the Corporation or by any Board, Commission or other authority established under any statute of the Province of Ontario.
2.143 "Parking Area" means an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area,
(a) comprises all parking spaces of at least the minimum number required according to the provisions of this By-law and all driveways, aisles, manoeuvring areas, entrances, exits and similar areas used for the purpose of gaining access to or egress from the said parking spaces, and
(b) is provided and maintained in accordance with all applicable provisions of this By-law.
2.144 "Parking Space" means an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area,
(a) is provided for the temporary parking or storage of one motor vehicle other than for the purpose of offering commodities for sale or display,
(b) is adequate for the temporary parking or storage of one motor vehicle and may be located within a private garage, building, carport or covered area,
(c) is not less than 2.75 metres (9 feet) in width nor less than 6 metres (20 feet) in length, exclusive of any land used for access, manoeuvring, driveway or a similar purpose, and
(d) has adequate access to permit ingress and egress of a motor vehicle from a street by means of driveways, aisles, manoeuvring areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle.
2.145 "Person" includes an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the same can apply according to law.
2.146 "Personal Service Establishment" means a building or part thereof in which persons are employed in furnishing services and otherwise administering to individual and personal needs and may include the premises of a barber, hairdresser, beautician, and shoe repair establishment, but shall not include an adult entertainment parlour. The sale of merchandise shall be permitted only as an accessory use to the personal service provided.
2.147 "Pit" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside pit.
2.148 "Place of Entertainment or Recreation" means a motion picture or other theatre, arena, auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall or music hall, but does not include any place of entertainment or amusement otherwise defined or classified herein.
2.148.1 "Portable Asphalt Plant" means a facility used for a public road project which
(a) is equipped to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and
(b) is not of permanent construction, but is designed to be dismantled and moved to another location as required.
2.149 "Private Club" means a building or part of a building used as a meeting place for members of an organization not operated for profit or of an athletic, social or recreational club not operated for profit.
2.150 "Professional Office" means a building or part thereof in which a legal, medical or other professional service is performed or consultation given including, but not so as to limit the generality of the foregoing, the offices of a lawyer, an architect, a surveyor, an engineer or an accountant, but does not include a personal service establishment, a business office, a veterinarian's clinic, an animal hospital or shelter, a body-rub parlour or any adult entertainment parlour as defined in The Municipal Act.
2.151 "Public" when used in reference to a building, structure, use or lot, means a building, structure, use or lot used by a public agency to provide a service to the public.
2.152 "Public Agency" means:-
(a) the Government of Canada, the Government of Ontario or any municipal corporation;
(b) any ministry, department, commission, corporation, authority, board or other agency established from time to time by the Government of Canada, the Government of Ontario or any municipal corporation;
(c) any public utility; or
(d) any railway company authorized under The Railway Act, as amended from time to time, or any successors thereto.
2.153 "Public Utility" means
(a) any agency, corporation, board or commission providing electricity, gas, steam, water, telegraph, telephone, cable television, transportation, drainage or sewerage or waste collection and disposal services to the public; or
(b) a use pertaining to any such agency, corporation, board or commission.
2.154 "Quarry" means a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
2.155 "Recreational Uses" means
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(a) the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres, snow skiing and all similar uses, together with necessary and accessory buildings and structures, but
(b) does not include a track for the racing of animals, motor vehicles, snowmobiles, all terrain vehicles, or motor cycles.
2.156 "Recreational Vehicle" means a vehicle which provides sleeping and other facilities for short periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self propelled, and includes such as vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes or other similar vehicles.
2.157 "Redevelopment" means the creation of new residential units on land previously used for residential or non-residential purposes in existing communities, where demolition of the previous structures is to take place, or has taken place.
2.158 "Regulatory Flood" means the approved standards used in a particular watershed to define the limit of the flood plain for regulatory purposes.
2.159 "Religious Retreat" means an area of land used for religious purposes and includes a place of worship, temporary sleeping accommodation and sanitary facilities. (see "Church")
2.160 "Residential" means the use of land, buildings or structures for human habitation.
2.161 "Residential Intensification" means the creation of new residential units or accommodation in existing buildings or on previously developed, serviced land generally including creation of accessory dwelling units; conversion of non-residential structures to residential use; infilling and redevelopment.
2.162 "Resort" means a tourist commercial use that operates throughout all or part of the year and that has facilities for serving meals and furnishing equipment, supplies or services to persons in connection with recreational purposes.
2.163 "Resource Management Use" means land used solely for the preservation and enhancement of the natural environment.
2.164 "Restaurant" means a building used for the purpose of serving food and/or refreshments including a licensed establishment, and may include take-out food facilities as an accessory use.
2.165 "Retail Store" means a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale by retail directly to the public.
2.166 "Retirement Home" means a building for the accommodation of senior citizens, within single or double rooms or suites which do not contain kitchens, and where central kitchen, dining and laundry facilities are provided for the residents, together with other communal facilities, under the supervision of resident and other staff, but which shall not include a Nursing Home, licensed under the Nursing Homes Act.
2.167 "Salvage Yard" means a lot, building, or structure used for wrecking, dismantling, storing or selling used goods, wares or materials including, but no so as to limit the generality of the foregoing, rags, bones, bottles, metals, clothing, furniture, paper, machinery, building materials, vehicles and parts thereof.
2.168 "School" means a school under the jurisdiction of a Board as defined in The Education Act, a college, a university or any other education establishment including, but not necessarily restricted to, a nursery school or a boarding school having accessory dormitory facilities.
2.169 "Public School" means a school under the jurisdiction of a public agency.
2.170 "Commercial School" means a school operated by one or more persons for gain or profit.
2.171 "Private School" means a school, other than a public school or a commercial school, under the jurisdiction of a private board or trustees or governors, a religious organization or charitable institution.
2.172 "Seasonal Camp" means an establishment that is owned and operated by a private club or organization for the boarding and lodging of children during the summer months only, and may include such recreational activities as boating, riding, archery, etc.
2.173 "Service Industries" means, a bake shop, a public garage, including engine and body repair shop, a printing establishment, a paint shop, plumbing shop, sheet metal shop, welding shop, vehicle inspection station, boat repair and construction, small engine repair shop, woodworking shop and similar non-effluent producing uses.
2.174 "Service Shop" means
(a) a building or part thereof used for the sale or repair of household articles, and
(b) includes radio, television and appliance repair shops, but
(c) does not include industrial or manufacturing uses or motor vehicle repair shops.
2.175 "Setback" means the shortest horizontal distance measured at right angles from the centre line of the travelled street abutting the specified yard, to the nearest part of any building, or structure on an abutting lot.
2.176 "Sewage Lagoon" means a facility for the receiving and processing of sewage, including residential, commercial and industrial waste.
2.177 "Shopping Centre" means one or more buildings or part thereof containing two or more separate permitted commercial uses, which exceed 500 square metres (5,400 square feet) in floor area, which is maintained as a single unit and located on a single lot, such lot being held and maintained under one ownership or under condominium ownership pursuant to The Condominium Act.
2.178 "Shoreline" means any lot line or portion thereof which abuts a navigable waterway.
2.179 "Sign" means
(a) a display board, screen, cloth or structure having characters, letters or illustrations applied thereto or displayed thereon in any manner, and
(b) includes:-
(i) a sign within a building that is visible from a street, and
(ii) the posting or painting of an advertisement or notice on any building or structure.
2.180 "Storey" means that portion of a building, other than an attic or basement, included between the surface of any floor and the surface of the floor, roof deck or deck ridge next above it.
2.181 "Storey, one-half" means that portion of a building situated wholly or in part within the roof and in which there is sufficient space to provide a height between finished floor and finished ceiling of between 1.5 metres (5 feet) and 2 metres (6 feet) over a floor area which is not less than one-third (1/3) nor more than two-thirds (2/3) of the floor area of the storey next below.
2.182 "Street" means a public highway or public road under the jurisdiction of either the Corporation or the Province of Ontario, and includes any highway as defined in The Municipal Act, but does not include a lane or private right-of-way.
2.183 "Street Allowance" means a land held under public ownership for the purpose of providing a street.
2.184 "Street Line" means a lot line dividing a lot from a street and is the limit of the street allowance.
2.185 "Street Width" means the horizontal distance between the street lines of a street, measured along a line perpendicular to the said street lines.
2.186 "Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attached to something located on or in the ground, but does not include the permanent way of a railway, or any paved surface located directly on the ground.
2.187 "Subdivision, Plan of" means any division of land into more than four lots.
2.188 "Swimming Pool" means any body of water permanently located outdoors, contained by artificial means and used and maintained for the purpose of swimming, wading, diving or bathing.
2.189 "Temporary" means a use that is authorized under Section 39 of the Planning Act.
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2.190 "Tourist Commercial Use" means the use of land, building, or structure for the purpose of buying and selling of commodities, supplying of services for the travelling or vacationing public, including a camping establishment, temporary rental accommodation and a marina.
2.191 "Trailer" means any vehicle, excluding a mobile home or park model home, 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, notwithstanding that such vehicle is jacked-up or that its running gear is removed, but not including any vehicles unless it is used or intended for the living, sleeping or eating accommodation of persons therein; and shall be deemed to include a tent; and shall not be occupied continuously or as a principal residence.
2.192 "Trailer Camp, Commercial" means any land in or upon which any trailer or tent is used or intended to be used for human occupation on a temporary or seasonal basis and shall not include mobile homes or park model homes.
2.193 "Use" means the purpose of which any land, building, structure or premises or part thereof,
(a) is arranged, designed or intended to be used, or
(b) is or may be occupied or maintained
and the word "used" has a corresponding meaning.
2.194 "Vehicle Repair Shop" means an establishment or part thereof which contains facilities for the repair and maintenance of vehicles and/or recreational vehicles on the premises, and in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but does not include a body shop or any establishment engaged in the retail sale of vehicle fuels.
2.195 "Veterinarian's Clinic" means a building or part thereof with or without related structures wherein animals of all kinds are treated or kept for treatment of a registered veterinarian.
2.196 "Warehouse" means a building or part thereof which is used primarily for the housing, storage, adapting for sale, packaging or distribution of goods, wares, merchandise, foodstuff, substances, articles or things, and includes the premises of a warehouseman, but does not include a fuel depot.
2.197 "Watercourse" means the natural channel for a stream of water and for the purpose of this by-law, includes any watercourse as shown on Schedule 'A' of this by-law.
2.198 "Waterfront" means the common boundary of a waterbody or watercourse with an area of land.
2.199 "Wayside Pit" or "Wayside Quarry" means a temporary pit or quarry including a portable asphalt plant opened with the approval of Council and used solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way.
2.200 "Workshop" means that portion of a building or structure used for the servicing and/or repairing of goods and/or merchandise of a type which is sold from the premises of which the workshop is a part.
2.201 "Wrecking Yard" means an area of land licensed by the Ministry of the Environment for the storage and processing of wrecked automobiles.
2.202 "Yard" means
(a) an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as may be expressly permitted in this By-law, and in determining yard measurements, the minimum horizontal distance from the respective lot lines is to be used, but
(b) does not include a court yard.
2.203 "Yard, Front" means a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot.
2.204 "Yard, Minimum Front" means the minimum depth of a front yard on a lot between the front lot line and the nearest wall of any building or structure on the lot.
2.205 "Yard, Minimum Rear" means the minimum depth of a rear yard on a lot between the rear lot line and the nearest wall of any main building or structure on the lot.
2.206 "Yard, Minimum Side" means the minimum width of a side yard on a lot between a side lot line and the nearest wall of any building or structure on the lot.
2.207 "Yard, Rear" means a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot.
2.208 "Yard, Side" means a yard extending from the front yard to the rear yard of a lot, and between a side lot line and the nearest wall of any building or structure on the lot.
2.209 "Yard, Exterior Side" means a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is located a street.
2.210 "Yard, Interior Side" means a yard extending from the front yard to the rear yard and from the interior side lot line to the nearest part of the principal building, structure or excavation on the lot.
2.211 "Zone" means a designated area of land use shown on Schedule 'A' hereto.
2.212 "Zoned Area" means all those lands lying within the corporate limits of the Township of Armour.
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