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TOWNSHIP of CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW No TOWNSHIP OF CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW No. 2009-045 OFFICE CONSOLIDATION – February, 2018 This composite edition of By-Law No. 2009-045 is prepared for purposes of convenience only, and for accurate reference recourse should be had to the original and amending by- laws. TOWNSHIP OF CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW (February, 2018) PREAMBLE These pages explain the purpose of this Zoning By-law and how it should be used. These pages do not form part of the Zoning By-law passed by Council and are intended only to make the Zoning By-law more understandable and easier to use. A zoning by-law controls the use of land in your community. It states exactly: how land may be used where buildings and other structures can be located the types of buildings that are permitted and how they may be used the lot sizes and dimensions, parking requirements, building heights and setbacks from the street. An official plan sets out your municipality's general policies for future land use. Zoning by- laws put the plan into effect and provide for its day-to-day administration. They contain specific requirements that are legally enforceable. Construction or new development must comply with a zoning by-law; where it does not, the municipality will refuse to issue a building permit. Section 34 of Ontario’s Planning Act R.S.O. 1990, c.P. 13, as amended (the “Planning Act”) grants the statutory authority to municipalities to zone lands. The main purpose of a zoning by-law is to set out the permitted uses of lands and to regulate the erection of buildings or structures on a lot. Subsection 34(2) of the Planning Act indicates that, for the purposes of a zoning by-law, the "making, establishment or operation of a pit or quarry shall be deemed to be a use of land". The Aggregate Resources Act, R.S.O. 1990, c.A.8 as amended (the “ARA”) works with the Planning Act in this regard and Section 12.1 of the ARA indicates that no license for a pit or quarry can be issued unless the lands are appropriately zoned. Subsection 34(3) of the Planning Act provides municipalities with the authority to regulate the minimum area required for a parcel of land and to regulate the density of development. Subsection 34(4) of the Planning Act indicates that a trailer (as defined in the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”) and a mobile home as defined in Subsection 46 (1) of the Planning Act, are buildings or structures for the purposes of Section 34 of the Planning Act. The inclusion of this provision makes it clear that mobile homes and trailers are subject to municipal zoning regulations. Subsection 34(5) of the Planning Act provides municipalities with the ability to prohibit the use of land until such municipal services as may be set out in the by-law are available. HOW TO USE THIS BY-LAW In order to reference this By-law most easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property. Township of Centre Wellington Zoning By-law Preamble ii TOWNSHIP OF CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW (February, 2018) 1. Locate the Property on a Map Maps in a Zoning By-law are called 'Schedules' or Defined Area Maps. The first step to using this Bylaw is to refer to the zone schedules that are contained at the back of the By-law to determine in which zone category your property is located. The zone category will be indicated on the schedules by a symbol or abbreviation. For example, you may see a symbol such as “A” attached to your property. This would indicate that your property is within the “Agricultural” Zone. The zone symbols or abbreviations are explained in Section 2 of the By- law. Section 2 also provides assistance to help you identify the zone boundaries on the Schedules. For example, if your property appears close to a zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.7 of the By- law. 2. By-law Amendments A Zoning By-law is not a static document. It is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. While the Township periodically consolidates this By-law to incorporate amendments, the most recent amendments may not be included in the version of the By-law you are using. Staff in the Township’s Planning Department or Building Department will be able to assist you to confirm if your property has been subject to a more recent By-law amendment. 3. Zone Provisions The next step to using this By-law is to determine what uses are permitted on your property. Sections 6 to 12 of the By-law identify the permitted uses and zone standards for each zone in the Municipality. The definitions in Section 3 can assist you if you are not sure of the nature of a permitted use or how it has been defined for the purposes of this By-law. Most of the permitted uses set out in each zone in the By-law are defined within Section 3. Generally speaking, if a use is not listed in the permitted uses or incorporated within the definition of a permitted use, then it is not permitted by that zone category. Section 4 includes uses that are permitted in all zones, and uses that are restricted in all zones. Restricted uses are not permitted unless the zone provisions specifically state that the use is permitted. Once you have identified the zone in which your property is located and the uses permitted in that zone, the next step is to determine what standards may apply to the uses on your property. Sections 6 to 12 of the By-law also identify the zone standards for each of the zone categories in the Township, including standards for minimum lot area, minimum frontage requirements, minimum yard requirements, maximum permitted height of buildings and in some cases, the minimum required landscaped open space on the lot. Township of Centre Wellington Zoning By-law Preamble iii TOWNSHIP OF CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW (February, 2018) 4. General Provisions Section 4 of the By-law contains general standards known as 'General Provisions' that apply to all properties in all zones in the Township. Once you have determined the zoning of your property, the permitted uses and the specific zone standards, you should also refer to the General Provisions. For example, the general provisions contain standards that regulate the location of accessory structures on a lot, height exceptions, and non-conforming/non complying uses that apply to all properties regardless of what zone the property is located. 5. Parking and Loading Section 5 provides the parking and loading requirements for all uses permitted in the Municipality. If you are considering changing the use of your property or adding a new use to your property, you should review Section 5 to ensure that you are aware of the parking requirements for the proposed use. 6. Holding Zones Some properties are zoned with “holding zone” provisions applied. If a holding zone applies to your property, the zone code on the schedules will be followed by the suffix (H). If a property is in a holding zone, then there are certain conditions that must be fulfilled before the holding zone can be removed and a building permit issued. There may be special holding zone removal requirements that are identified if the holding zone symbol is denoted by H1, H2, H3, etc. 7. Site Specific Exception Zones Lands subject to an exception covered in Section 15 (Exceptions) have specific use permissions or zone provisions that have been applied either in response to a landowner request or if there is a public interest objective in applying different rules on a property and/or in an area. The provisions within an exception section are intended to take precedence over any other provision in the By-law, where relevant lands subject to an exception will be specifically identified on the schedules with the use of a number followed by a decimal place, followed by a second number, with number before the decimal place representing the map on which the exception zone is located. For example, Exception 50.x is on Defined Area Map #50. If a site specific zone is followed by the suffix (T), then the property is subject to use permissions that only last for a specified period of time. The site specific zone provisions identify the date on which the use permission will expire. 8. Description of Zones This section includes an overview of the general intent and purpose of each zone. Township of Centre Wellington Zoning By-law Preamble iv TOWNSHIP OF CENTRE WELLINGTON COMPREHENSIVE ZONING BY-LAW (February, 2018) Residential Zones The residential zones are intended to implement the policies of the Residential land use designations within the Official Plan. The R1A ZONE is intended to provide primarily for single detached dwellings and accessory uses. Within the R1A zone there are three sets of regulations depending on the type of municipal servicing available to an R1A property – lots that have individual private sewer and water services, lots that have municipal sewer services only (such as the Salem low pressure sanitary sewer system) and lots that have both municipal water supply and sanitary sewage systems.
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