ISSUE DATE:

May 23, 2024

CASE NO.:

OLT-22-002825

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Shane Webber

Subject:

By-law No. 60-2019

Municipality:

City of Thorold

OLT Case No.:

OLT-22-002826

Legacy Case No.:

PL190277

OLT Lead Case No.:

OLT-22-002825

Legacy Lead Case No.:

PL190276

BEFORE:

S. DEBOER

Thursday, the 23rd

MEMBER

day of May, 2024

THIS MATTER having previously been the subject of an Order issued by the Tribunal on March 21, 2021 and a further Order issued on December 22, 2023;

AND THE TRIBUNAL having now received a Notice of Motion and Motion Record from the City of Thorold dated April 24, 2024 seeking to resolve, in part, the above-noted appeal by the Appellant by way of a settlement in relation to City of Thorold Comprehensive Zoning By-law 60-2019;

AND THE TRIBUNAL having considered the Motion Record delivered on consent of the Parties, including the uncontested written opinion evidence of Andrea Sinclair, RPP, in an affidavit sworn April 17, 2024, and the exhibits attached thereto, and having qualified Andrea Sinclair to give expert opinion evidence in the area of land use planning;

AND THE TRIBUNAL having considered the uncontested opinion evidence of Andrea Sinclair, the Tribunal finds that the proposed amendments in Appendix 1 and Appendix 2 attached to this Order to City of Thorold Comprehensive Zoning By-law No. 60-2019 have regard to those matters of provincial interest as found in s. 2 of the Planning Act; are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan for the Greater Golden Horseshoe, 2020; conform to the Region of Niagara Official Plan; conform to the City of Thorold Official Plan; reflect principles of good land use planning and are in the public interest to approve;

NOW THEREFORE THE TRIBUNAL ORDERS THAT the appeal by the Appellant against Zoning By-law 60- 2019 of the City of Thorold is allowed in part;

AND THE TRIBUNAL FURTHER ORDERS THAT the amendment of the ’Part 6 – Residential Zones’ provisions in Zoning By-law 60- 2019 is approved as set out in Appendix 1 to this Order

AND THE TRIBUNAL FURTHER ORDERS THAT the amendment of the provisions of the “Zoning Definitions” in Zoning By-law 60- 2019 is approved as set out in Appendix 2 to this Order;

AND THE TRIBUNAL FURTHER ORDERS THAT:

(a) the Clerk of the City of Thorold is hereby authorized to format the contents of Appendix 1 and Appendix 2 into the City of Thorold Zoning By-law No. 60-2019 (including the assignment of titles, paragraphs and/or section numbers) as required to implement the above Orders;

(b) the appeal by the Appellant against Zoning By-law 60-2019 of the City of Thorold is hereby scoped to the provisions as noted in Appendix 3 to this Order;

(d) the Parties shall provide the Tribunal with a status update pertaining to the remainder of the appeal by October 1, 2024.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

APPENDIX 1

Part 6 | Residential Zones

6.1 Zone Names and Symbols

Table 6.1 – Residential Zones

Zone Name

Zone Symbol

Residential Zones

i) Residential One Zones

R1A, R1B, R1C, R1D

ii) Residential Two Zones

R2A, R2B

ii) Residential Three Zones

R3A, R3B, R3C, R3D

iii) Residential Four Zones

R4A, R4B

6.2 Permitted Uses

No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in whole or in part, nor use any lot in whole or in part, for any purpose other than one or more of the following permitted uses denoted by the symbol “●”in the column applicable to that zone and corresponding with the row in Table 6.2.

Table 6.2 – Permitted Uses in the Residential Zones

Use

R1 Zones

R2 Zones

R3 Zones

R4 Zones

Single detached dwelling

Duplex dwelling

Semi-detached dwelling

Street townhouse dwelling

Stacked townhouse dwelling

Private street development (1)

Triplex dwelling

Fourplex dwelling

Apartment dwelling

Group Home

Long-term care facility

Accessory Uses

Accessory building or structure (3)

Bed and breakfast (3)

6-1

Table 6.2 – Permitted Uses in the Residential Zones

Use

R1 Zones

R2 Zones

R3 Zones

R4 Zones

Garden suite dwelling (3)

Home occupation (3)

Private home day care

Second dwelling unit (3)

Short term accommodation rental (3)

Storage container (3)

Footnotes for Table 6.2 Permitted Uses:

(1) Private street development permitted uses include single detached dwellings, semi- detached dwellings, townhouses and stacked townhouses.

(2) Bed and breakfasts are only permitted in single detached dwellings, semi-detached dwellings, and street townhouses.

(3) This use is subject to regulations outlined in Part 3- Generals.

(4) This use is not permitted in a triplex or fourplex.

(5) Within the R1 and R2 zones, street townhouse dwellings shall be limited to three attached dwellings.

6.3 Lot, Building and Structure Requirements

6.3.1 The following requirements in Table 6.3.a shall apply to every lot, building and structure

in the applicable R1A and R1B zones:

Table 6.3.a - Lot, Building, and Structure Requirements for Residential R1A and R1B Zones

Requirement

Permitted Uses

Dwelling Single Detached

Dwelling, Semi- Detached

Dwelling, Duplex

Dwelling, Triplex

Townhouse (Street)

Minimum Lot Area

400 m²

200 m²

325 m²

450 m²

180.0 m² per interior unit and 225.0 m² per end unit

Minimum Lot Frontage

12.0 m

7.0

12.0 m

15.0 m

6.0 m per interior unit and 7.5 m per end unit

Minimum Front Yard

4.5 m to dwelling

7.5 m to attached private garage or carport (1)

Minimum Rear Yard

7.5 m

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m

1.2 m (2)

Minimum Exterior Side Yard

4.5 m to dwelling

4.5 m to dwelling 6.0 m to attached private garage or carport (1)

6.0 m to

attached

private

garage or

carport (1)

Maximum Building Height

11.0 m

Minimum Landscaped Open Space

30%

6-3

Maximum Lot Coverage

45%

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

60 % of the main building front wall length

Maximum Number of Attached Dwelling Units

6.3.2 The following requirements in Table 6.3.b shall apply to every lot, building and structure

in the applicable R1C zone:

Table 6.3.b - Lot, Building, and Structure Requirements for Residential R1C Zone

Requirement

Permitted Uses

Dwelling Single Detached

Dwelling, Semi- Detached

Dwelling, Duplex

Dwelling, Triplex

Townhouse (Street)

Minimum Lot Area

325 m²

200 m²

325 m²

450 m²

180.0 m² per interior unit and 225.0 m² per end unit

Minimum Lot

10.5 m

7.0

10.5 m

15.0 m

6.0 m per

Frontage

interior unit and

7.5 m per end

unit

Minimum Front Yard

4.5 m to dwelling

6.0 m to attached private garage or carport (1)

Minimum Rear Yard

7.5 m

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m

1.2 m (2)

Minimum Exterior Side Yard

4.5 m to dwelling 7.5 m to attached private garage or carport (1)

Maximum Building Height

11.0 m

Minimum Landscaped Open Space

30%

Maximum Lot Coverage

45%

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

60 % of the main building front wall length

Maximum Number of Attached Dwelling Units

6.3.3 The following requirements in Table 6.3.c shall apply to every lot, building and structure

in the applicable R1D zone:

Table 6.3.c - Lot, Building, and Structure Requirements for Residential R1D Zone

Requirements

Permitted Uses

Dwelling Single Detached

Dwelling, Semi- Detached

Dwelling, Duplex

Dwelling, Triplex

Townhouse (Street)

Minimum Lot Area

250 m²

200 m²

325 m²

450 m²

180.0 m² per interior unit and 225.0 m² per end unit

Minimum Lot Frontage

9 m

7.0 m

10.5 m

15.0 m

6.0 m per interior unit and 7.5 m per end unit

6-5

Minimum Front Yard

4.5 m to dwelling 6.0 m to attached private garage or carport (1)

Minimum Rear Yard

7.5 m

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m

1.2 m (2)

Minimum Exterior Side Yard

4.5 m to dwelling 6.0 m to attached private garage or carport (1)

Maximum Building Height

11.0 m

Minimum Landscaped Open Space

30%

Maximum Lot Coverage

45%

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

60 % of the main building front wall length

Maximum Number of Attached Dwelling Units

6.3.4 The following requirements in Table 6.3.d shall apply to every lot, building and structure

in the applicable R2A and R2B zones:

Table 6.3.d - Lot, Building, and Structure Requirements for Residential R2A and R2B Zones

Requirements

Permitted Uses

Dwelling Single Detached

Dwelling, Semi- Detached

Dwelling, Duplex

Dwelling, Triplex

Townhouse (Street)

Minimum Lot Area

325 m²

200 m² per dwelling unit

325 m²

450 m²

180.0 m² per interior unit and 225.0 m² per end unit

Minimum Lot

10.5 m

7.0 m

10.5 m

15.0 m

6.0 m per

Frontage

interior unit and

7.5 m per end

unit

Minimum Front Yard

4.5 m to dwelling

6.0 m to attached private garage or carport (1)

Minimum Rear Yard

7.5 m

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m

1.2 m (2)

Minimum Exterior Side Yard

4.5 m to dwelling

6.0 m to attached private garage or carport (1)

Maximum Building Height

11.0 m

Minimum Landscaped Open Space

30%

Maximum Lot Coverage

45%

6-7

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

60 % of the main building front wall length

Maximum Number of Attached Dwelling Units

6.3.5 The following requirements in Table 6.3.e shall apply to every lot, building and structure

in the applicable R3A, R3B, R3C and R34 zones:

Table 6.3.e - Lot, Building, and Structure Requirements for Residential R3A, R3B, R3C and R3D Zones

Requirements

Permitted Uses

Dwelling, Triplex Fourplex

Townhouse (Street)

Townhouse (Stacked)

Private Street Development

Apartment/ Long Term Care Facility

Minimum Lot Area

450 m²

160 m² per interior unit and 200 m² per end unit

450 m²

Minimum Lot

15.0 m

6.0 m per

15 m

12 m for lot

30.0 m

Frontage

interior unit

and 7.5 m

per end unit

Minimum Front Yard

4.5 m to dwelling

3.0 m to dwelling front wall or side wall

3.0 when building is less than 12.0 m in height

6.0 m to attached private garage or carport (1

6.0 m to attached private garage or carport (1)

6.0 m to attached private garage or to rear wall of dwelling

5.0 m when building is 12.0 m in height or greater (4)

Minimum Rear Yard

7.5 m

3.0 m to dwelling side wall 6.0 m to dwelling rear wall

7.5m for portion of building up to 12.0 m in height

Additional 0.5 m for each additional 1.0 m of building height

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m 1.5 m where abutting an R1 or R2 zone

3.0 m to dwelling side wall 6.0 m to dwelling rear wall

3.0 m for portion of building up to 12.0 m in height Additional 0.5 m for each additional 1.0 m of building height

Minimum Exterior Side Yard

4.5 m to dwelling 6.0 m to attached private garage or carport (1

4.5 m to dwelling 6.0 m to attached private garage or carport

4.5 m

3.0 when building is less than 12.0 m in height 5.0 m when building is 12.0 m in height or greater (4)

Maximum Building Height

11.0 m

12.0 m

11.0 m

12.0 m

Maximum Number of Attached Dwelling Units

6 (3)

Minimum Landscaped Open Space

30%

Total Lot Coverage

45%

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

Minimum Planting/Buffer Strip

1.5 m where abutting an R1 or R2 zone

6-9

Minimum Yard Requirements Between Buildings

Minimum Amenity Area

20%

6.3.6 The following requirements in Table 6.3.f shall apply to every lot, building and structure

in the applicable R4A and R4B zones:

Table 6.3.f - Lot, Building, and Structure Requirements for Residential R4A and R4B Zones

Requirements

Permitted Uses

Dwelling, Triplex Fourplex

Townhouse (Street)

Townhouse (Stacked)

Private Street Development

Apartment/ Long Term Care Facility

Minimum Lot Area

450 m²

160 m² per interior unit and 200 m² per end unit

450 m²

Minimum Lot Frontage

15.0 m

6.0 m per interior unit and 7.5 m per end unit

15 m

12 m for lot

30.0 m

Minimum Front Yard

4.5 m to dwelling 6.0 m to attached private garage or carport (1)

3.0 m to dwelling front wall or side wall 6.0 m to attached private garage or to rear wall of dwelling

3.0 m when building is less than 12.0 min height 5.0 m when building is 12.0-15.0 m in height 7.0 m when building is 16.0 min height or greater (4)

Minimum Rear Yard

7.5 m

3.0 m to dwelling side wall

7.5m for portion of building up to

6-10

6.0 m to dwelling rear wall

12.0 m in height Additional 0.5 m for each additional 1.0 m of building height

Minimum Interior Side Yard

1.2 m

1.2 m (2)

1.2 m 1.5 m where abutting an R1 or R2 zone

3.0 m to dwelling side wall 6.0 m to dwelling rear wall

3.0 m for portion of building up to 12.0 m in height Additional 0.5 m for each additional 1.0 m of building height

Minimum Exterior Side Yard

4.5 m to dwelling 6.0 m to attached private garage or carport (1)

4.5 m

3.0 when building is less than 12.0 m in height 5.0 m when building is 12.0 m in height or greater (4)

Maximum Building Height

11.0 m

12.0 m

11.0 m

20.0 m

Maximum Number of Attached Dwelling Units

6 (3)

Minimum Landscaped Open Space

30%

Total Lot Coverage

45%

Maximum Width of a Private Garage Attached to the Main Building

65 % of the main building front wall length

60 % of the main building front wall length

65 % of the main building front wall length

6-11

Minimum Planting/Buffer Strip

1.5 m where abutting an R1 or R2 zone

Minimum Yard Requirements Between Buildings

Half the height of the building(s)

Minimum Amenity Area

20%

Footnotes for Tables 6.3.a – 6.3.f:

(1) Notwithstanding anything to the contrary, no principal entrance of a dwelling shall be setback more than 1.5 m from the front wall of the dwelling or the front face of an attached private garage or carport in the R1A, R1B, R1C, R1D, R2A and R2B zones.

(2) The minimum interior side yard shall not be required where attached dwelling units share a party wall.

(3) For stacked townhouses a maximum of 6 vertically attached stacked townhouse units are permitted (within which there can be up to three horizontally stacked units) for a total of 18 units per stacked townhouse block.

(4) Notwithstanding anything to the contrary, every apartment building shall have a principal entrance facing toward the front lot line or exterior side lot line.

6-12

Appendix 2

City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Part 2 I Definitions

Abutting: means a lot line that has any point in common with another lot line that is not part of a

street line. Abut shall have a corresponding meaning.

Abandoned: means a failure to complete work within one year from issuance of a valid building permit for repair, rehabilitation, or construction of a building or structure on site and/or if the building or structure does not comply with all codes, contributes to blight, and is not ready for occupancy.

Accessory Building or Structure: means a detached building and/or structure that are incidental and secondary or subordinate to the principal/primary use(s) on the same lot.

Accessory/Ancillary Use: means a use subordinate and incidental to the principal/primary use(s)

on the same lot.

Addition: means any expansion or increase in area of a building or structure.

Adult Entertainment Establishment: means any indoor premises or part thereof in which is provided, in pursuance of a trade, calling, business, occupation or services appealing to or designed to appeal to erotic or sexual appetites or inclinations including strip clubs and body rub parlours.

Establishments that retail adult oriented goods; and, services which are provided by a provincially licensed registered professional, such as a registered massage therapist, are not included.

Affordable Housing: as defined in the Provincial Policy Statement, 2014, means:

a) In the case of ownership housing, the least expensive of:

i) Housing for which the purchase price results in annual accommodation costs which do not exceed 30 % of gross annual household income for low and moderate income households; or,

ii) Housing for which the purchase price is at least 10 % below the average purchase price of a resale unit in the regional market area.

b) In the case of rental housing, the least expensive of:

i) A unit for which the rent does not exceed 30 % of gross annual household income for low and moderate income households; or,

ii) A unit for which the rent is at or below the average market rent of a unit in the regional market area.

For the purpose of this definition: Low and moderate income households means, in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

the regional market area; or in the case of rental housing, households with incomes in the lowest 60 per cent of the income distribution for renter households for the regional market area.

Agricultural Use: means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures located on the same lot, including, but not limited to livestock facilities and manure storages.

Agricultural uses include: cropland, feedlot, Christmas trees and nurseries, barns, manure storages and other associated buildings and structures, grain dryers and feed storages, accommodation for full-time farm labour, cold storage for the farm's own use only, and greenhouse for growing plants, but does not include a licensed marijuana production facility or the storage of fill.

Agri-tourism Use: means those farm-related tourism uses, including limited accommodations such as a bed and breakfast, which promote the enjoyment, education or activities related to the farm operation.

Agri-tourism uses include: winery, cidery, small-scale micro-brewery (appropriate servicing must be available for above uses) and related restaurants, cooking classes, food store, road side produce stands, pick your own facilities, agriculture related special event facilities, farm mazes, and hayrides.

Agriculture-related Use: means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity.

Agriculture-related uses include: farm produce stand, cold storage and distribution centres serving operations in the area, processing of produce grown in the area, grain dryer farm operations, agricultural research centre, farm equipment repair shop, farm implement dealer, auction for produce grown in the area, and farm input supplier.

Aisle: means an internal motor vehicle route immediately adjacent to a parking or loading space which provides vehicular access to and from the parking or loading space, but does not include a driveway.

Alter: when used in reference to:

a) a building or structure or portion thereof, means any changes in a bearing or non-bearing wall, partition, column, beam, girder, or other supporting member of a building or structure, or any increase or decrease in the area of a building or structure; or,

b) a lot, means to change the frontage, depth or area of a lot or to change the frontage, depth or area of any required yard, setback, landscape open space area or parking area/lot, or to change the location of a boundary of such Jot with respect to a public street or Jane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise.

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City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

The words altered and alteration shall have a corresponding meaning.

Amenity Area: means an area for outdoor recreation or leisure, including yards, balconies, decks, patios, porches, and/or a terrace but does not include a parking area/lot.

Ancillary Residential Services: means the common indoor areas located within a building which are accessible, designed for, and intended primarily for access, dining, or recreational purposes (i.e. communal kitchen facilities, library, recreation room) for the occupants of a building and includes stairs, lobbies, elevators, mechanical facilities, storage, and facilities for a concierge.

Animal Shelter: means premises, including outdoor areas, used for the care of lost, abandoned, rescued or neglected animals.

Apartment Dwelling: see dwelling

Apartment Building: means a building with five or more dwelling units which have a common entrance to the exterior and common halls, stairs, elevators and yards.

Arena: means premises or part thereof where facilities are provided primarily for athletic or recreational events.

Art Gallery: means a building or part thereof used for the display and sale of portrait and commercial photography, painting, sculpting, or other forms of art and craft making.

Attached Building: means a building which shares a roof, breezeway, or common wall with an adjacent building or buildings.

Attic: means the portion of a building situated wholly or partly within the roof, which is not used as a habitable room, and which is not a one-half storey.

Auctioneering Establishment: means premises where goods, but not the sale of livestock, are sold to the highest bidder.

Awning: means a roof like cover cantilevered from the wall of a building which does not enclose a space.

Bake Shop: means a building or part thereof wherein the principal activity is the retailing of baked goods, including incidental baking of products for retail sale on the premises.

Bakery: means a building or part thereof wherein the principal activity is the baking of goods, including the preparation, storage, wrapping and packing and other activities associated with the preparation for sale and distribution.

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

Balcony: means a platform projecting from the fac;:ade of a wall or walls, cantilevered or supported by columns or brackets, located above the ceiling height of the first storey of a building

Barrier-free Parking Space: means a parking space designated and signed for the exclusive use of motor vehicles that has and properly displays the applicable motor vehicle permit. See also the definition for Parking Space.

Basement/Cellar: means that portion of a building with more than one-half its height from finished floor to finished ceiling below the established grade level or that portion of the building that is entirely underground. That portion of a building with less than one-half its height from finished floor to finished ceiling below the established grade level is considered a storey. See also the definition for Walkout Basement.

Bed and Breakfast: means the use of a single detached, semi-detached, or townhouse dwelling, occupied by the owner(s), and used for the rental of up to three (3) rooms to the travelling public for overnight accommodation no longer than twenty-eight (28) consecutive days, and meals are served to overnight guests

Bed-sitting Room: means a room used as a separate living accommodating that has a primary entrance from a hallway inside a building and may have sanitary facilities but not food preparation facilities.

Berm: means a landscaped mound of earth.

Block: means all land between the nearest street intersections.

Body Rub Parlour: means premises used for services including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body for the purpose of appealing to erotic or sexual appetites or inclinations.

Breezeway: means a roofed, unenclosed passageway connecting a dwelling and a private garage

or connecting multiple buildings.

Brewing on Premises Establishment: means a commercial establishment where individuals produce beer, wine and/or cider, for personal use and consumption off the premises; and where beer, wine and/or cider ingredients and materials are purchased.

Building: means any structure used for the shelter of persons, animals, goods or equipment and having a roof which is supported by columns or walls, but shall not include a trailer, truck camper, or motor home.

Building Depth: means the distance between the outermost front and rear building walls but where the front and rear building walls are not parallel, the building depth is the length of a line joining the midpoints of such walls, and excludes stoops, decks, porches, balconies, exterior steps

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City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

or architectural adornments but does not include dwelling unit depth. See also the definition for

Dwelling Unit Depth.

Building Line, established: means the existing setback of an existing main building on a Jot, measured between the street line of the said Jot and the nearest part of the existing main building excluding any stoops, decks, porches, balconies, exterior steps or architectural adornments.

Building Supply Outlet: means premises used for the storage, sale, rental and lease of equipment and supplies used in construction such as lumber, millwork, siding, plumbing, electrical, heating and cooling equipment and similar commodities.

Built Heritage Resources: means one or more significant buildings, structures, monuments, installations, or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to the community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions.

Campground: means an area used for an overnight camping in tents including accessory facilities which support the use such as administration offices, laundry facilities, washrooms, recreational facilities but does not include a mobile home park or a tent and trailer campground. See also the definition for Tent and Trailer Campground.

Canopy: means a protective roof like covering of fabric or similar material mounted on a frame.

Cantilever: means any projection beyond the foundation of a building, whether or not such projection is essential to the support of the main wall, and includes corner sills, belt courses and cornices.

Carport: means a partially enclosed structure with a roof for the storage of one or more private

motor vehicles.

A carport attached to a main building shall be deemed part of the main building and not accessory

thereto.

Casino: means premises primarily engaged in gambling activities, for money or other items of value, and offering games of chance, such as card games, dice games, wagering, and game machines or devices, but does not include a place of entertainment.

Catering Establishment: means premises where food is prepared and delivered elsewhere to be consumed.

Cemetery: means lands that are set aside to be used for the interment of human remains under the Funeral, Burial and Cremation Services Act, R. S. 0. 2002, as amended, and may include a co/umbarium, mausoleum, crematoria, and crypt.

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

Chimney: means a vertical structure incorporated into a building and enclosing a flue or flues that carries off smoke and includes the firebox.

Chord: means a straight line that joins the ends of an arc.

Cinema: means premises for the commercial showing of films within a building and may include

accessory refreshment services, but does not include a drive-in theatre.

City: means the Corporation of the City of Thorold.

Clinic: means premises used by qualified medical practitioners, osteopaths or other drugless practitioners, having treatment rooms, laboratories, administrative offices, waiting rooms and facilities for at least one practitioner and used for the public or private medical, surgical, physic- therapeutic or other human health purpose and may have an ancillary dispensary associated with the clinic, but is not a hospital or a pharmacy and does not provide overnight accommodation.

Columbarium: means a structure designed for the purpose of interring cremated human remains in sealed compartments.

Commercial Recreation Facility: means a privately owned sports or recreation establishment operated for use by private members and/or the general public for compensation and includes such uses as a pool room, bowling alley, ice or roller rink, dance hall, bingo hall, and outdoor recreational uses.

Commercial School: means privately owned premises that teaches such fields as academics, arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, engineering, computer technology, and any other such specialized school for profit.

Commercial Use: means the use of land, buildings or structures for the purpose of buying and selling commodities and supplying of services but does not include the manufacturing or assembly of goods, warehousing, transportation terminals, contractor's facilities, and other similar uses.

Commercial Vehicle: means a motor vehicle having permanently attached a truck or delivery body and includes ambulances, hearses, fire trucks, buses, and trucks used for hauling purposes, but does not include a construction vehicle , a Jong-haul transport trailer/transport tractor, or a refreshment vehicle. See also the definitions for Motor Vehicle and Refreshment Vehicle.

Committee of Adjustment: means the Committee of Adjustment of the City, established in accordance with the Planning Act, R. S. 0. 1990, as amended.

Common Wall: see wall.

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Community Centre: means a multi-purpose facility or part of that facility that is owned and operated by a public authority that offers a variety of programs of a recreational, cultural, community service, informational, or instructionalnature.

Community Garden: means a communal garden provided for the sole use of the public to produce flowers, herbs, fruits or vegetables and activities associated with gardening, but does not include any processing or packaging, commercial sales, or the raising of livestock or animals including poultry.

Communication Tower: means a structure that is intended for transmitting or receiving television, radio, or telephone communications and does include a communication tower for the personal use of a residential dwelling.

Condominium: means a building or grouping of buildings in which condominium units are held in private ownership and may include condominium common elements that are owned, administered, and maintained by the condominium corporation.

Condominium Common Element: means spaces and features owned in common by all shareholders in a condominium and may include condominium roadways, walkways, sidewalks, parking areas/lots, amenity areas, planting/buffer strips, and ancillary residential services.

Condominium Roadway: means a right-of-way for vehicular and pedestrian access that is privately maintained by a condominium corporation.

Condominium Unit: means that part of the condominium plan that is available for individual ownership.

In a vacant land/common element condominium, it means that portion of the condominium plan that contains both the exterior of the dwelling and a portion of the land surrounding the dwelling that is collectively owned as one unit.

A condominium unit is not a dwelling unit.

Conservation Area: means an area of land owned by the Niagara Peninsula Conservation Authority (NPCA) or the Province of Ontario.

Conservation Authority: means the Niagara Peninsula Conservation Authority (NPCA).

Conservation Use: means the use of land and/or water dedicated towards the protection, stewardship and management of natural heritage features and functions, hydrological features and functions, ecological features and functions, and for the purposes of this By-law, includes the structures of a public authority used only for managing those features and natural hazards, such as flood and slope control.

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Construction Vehicle: means a motor vehicle used for building and construction purposes, such as a dump truck, bulldozer, back-hoe, grader, and ancillary equipment.

Contractor's Facility: means premises where commercial or construction vehicles and equipment are stored and maintained, and may include the wholesale or retail sale of building construction or landscaping supplies, and may include accessory office uses.

Convenience Retail and Service Kiosk: means a building, structure, or part thereof, accessory to a motor vehicle service station and/or a motor vehicle washing establishment where goods are offered for sale and may include accessory/ancillary uses such as a banking machine and a restaurant with or without a drive-through.

Convenience Store: means a retail store where articles for sale are restricted to a limited range of goods, primarily food, toiletries, over the counter drugs, housewares, stationary and other similar daily household necessities, but does not include a supermarket or a convenience retail and service kiosk or a pharmacy.

Corner Lot: see Jot.

Council: means the Council of the Corporation of the City of Thorold.

Correctional Facility: means a jail, prison, or other place of incarceration by government officials to confine and rehabilitate prisoners and may be classified as minimum, medium, or maximum security facilities, or contain separate divisions for such categories of prisoners.

Correctional Residential Care Facility: means a single dwelling unit that is occupied by up to ten

(10) persons, exclusive of staff, who are supervised by staff on a daily basis, for persons who have been placed on probation, released on parole or admitted for correctional purposes that is funded, licensed, approved or supervised by the Province of Ontario or Government of Canada.

Crematorium: means a building that is fitted with appliances for the purpose of cremating human remains and that has been approved as a crematorium in accordance with the requirements of the Funeral, Burial and Cremation Services Act, R. S. 0. 2002, as amended.

Custom Workshop: means premises used by a trade, craft or guild where the design and/or small quantity manufacturing of such goods as custom production of clothing articles, drapes and slipcovers, venetian blinds, furniture restoration and refinishing, handmade leather goods, millinery, orthopedic and prosthetic appliances, weaving, awnings, signs, gold and silver engraving and other non-obnoxious use, but does not include any factory production or any shop or factory otherwise classified or defined in this By-law.

Day Care: means premises, including outdoor areas, used for caring of one or more persons for a portion of a day, but does not provide overnight accommodation, and does not include private home day care. See also the definition for Private Home Day Care.

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Day Spa: means a type of personal service shop used for the therapeutic treatment of persons, such as massages, beauty treatment, hairdressing services and may include the retail sale of goods incidental to the services of the day spa.

Deck: means a platform structure without a roof which may or may not be attached to one or more

walls of a building. See also the definitions for Gazebo, Pergola, and Porch.

Dormitory: means a building or part thereof that is owned or operated by a university, college, or private school consisting of dwelling units or bed-sitting rooms and may have a cafeteria, common dining area, and common washrooms.

Drive-in Theatre: means an outdoor theatre where films are viewed in a motor vehicle or a yard

and may include accessory refreshment stands and washrooms for patrons.

Drive-through: means the use of land, buildings or structures, including an order box with or without voice communication, or parts thereof, to provide or dispense products or services through an attendant, a window, or an automated machine to persons remaining in motor vehicles in a designated stacking Jane.

Driveway: means a vehicular access way providing access from a street to a building or a Jot, a

loading space, a parking area/lot or a private garage. See also the definition for Mutual Driveway

Driving Range: means a public or private area operated for the purpose of developing golf techniques.

Drugless Practitioner: means a person who practices the treatment of any ailment, disease, defect or disability of the human body by manipulation, adjustment, manual or electro-therapy or by a similar method within the meaning of the Drugless Practitioners Act, R.S.0.1990, as amended.

See also the definition for Medical Practitioner.

Dry Cleaning Depot: means premises where articles of clothing are dropped off to be cleaned and picked up, and includes the small-scale dry-cleaning and pressing of articles or goods or fabric on- site, but does not include a dry cleaning plant.

Dry Cleaning Plant: means a building or part thereof where large-scale dry-cleaning, dry-dyeing, cleaning, or the pressing of articles or goods or fabric occurs.

Dwelling: means a building or part thereof, containing one or more dwelling units, but does not include a tent, trailer, mobile home, hotel/motel, motor home, or truck camper.

The dwelling type is determined by the configuration of the dwelling units above the established grade.

a) Apartment Dwelling: means a dwelling unit or bed-sitting room in an apartment building, but not in a mixed-use building.

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b) Converted Dwelling: means a dwelling that existed on March 13, 1962, originally constructed as a single detached dwelling, a duplex dwelling or a semi-detached dwelling that was renovated so as to increase the number of dwelling units to a maximum of three (3) without significantly altering the exterior of the building except for required fire escapes, extra windows and extra entrances.

c) Duplex Dwelling: means a building that is divided horizontally into two (2) dwelling units above grade each of which has an independent entrance either directly to the exterior or through a common vestibule and neither of the units is a second dwelling unit.

A single detached dwelling and a semi-detached dwelling that has a second dwelling unit is not a duplex.

d) Fourplex Dwelling: means one (1) building that is divided either vertically and horizontally or just horizontally, into four (4) dwelling units, with at least one (1) dwelling unit above the other, each with an independent entrance either to the exterior or through a common vestibule, but is not a townhouse dwelling.

A triplex that has a second dwelling unit is not a fourplex.

e) Garden Suite Dwelling: means a separate dwelling unit that is subordinate to the principal

dwelling unit located in a temporary accessory building or structure.

f) Linked Dwelling: means a dwelling unit that is attached to another dwelling unit below grade

but is not attached above grade.

g) Mixed Use Dwelling: means a dwelling unit or bed-sitting room in a mixed use building.

h) Second Dwelling Unit: means a separate dwelling unit that is provided for the exclusive use of its occupants and is subordinate to the principal dwelling unit in a separate accessory building or structure or as a separate dwelling unit contained within the principal dwelling unit, but does not include a garden suite dwelling.

i) Semi-detached Dwelling: means a building that is divided vertically into two (2) dwelling units by a common wall each with an independent entrance to the exterior, and no dwelling unit is entirely or partially above another.

A single detached dwelling that has a second dwelling unit is not a semi-detached dwelling.

j) Single Detached Dwelling: means a building containing one (1) principal dwelling unit.

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k) Stacked Townhouse Dwelling: means buildings that are divided vertically and horizontally by a common wall into separate dwelling units, each of which has an independent entrance to the exterior.

l) Townhouse Dwelling: means a building that is vertically divided into a minimum of three (3) dwelling units, each of which has an independent entrance from grade and each of which are divided vertically above grade by a common wall adjoining dwelling units or a private garage. Street or cluster townhouse dwellings are freehold dwelling units that front a public street.

Street Townhouse dwellings are units that front a public street.

See also the definition for Stacked Townhouse Dwelling. See also the definition for

Stacked Townhouse Dwelling.

m) Triplex Dwelling: means a building that is divided vertically and horizontally, or just horizontally, into three (3) dwelling units in which each dwelling unit has an independent entrance to the exterior or through a common vestibule, but is not a townhouse dwelling.

A single detached dwelling or semi-detached dwelling that has a second dwelling unit is not a

triplex.

Dwelling Unit: means a place of residence contained in a building, with one or more habitable rooms for the exclusive use of its occupants as a self-contained dwelling unit.

Dwelling Unit Area: means the total floor area of a dwelling unit including a walkout basement, but excluding balconies, basements/cellars, attics, private garages, or porches.

Dwelling Unit Depth: means the depth measured from the outside of the front wall to the outside of the rear wall inclusive of an attached private garage but does not include building unit depth.

See also the definition for Building Unit Depth.

Dwelling Unit Width: means the width measured from the mid-point of common walls to the opposite mid-point of common walls in the case of a semi-detached dwelling, duplex dwelling, or townhouse dwelling or the interior of the outermost exterior side wall to the opposite interior of the outermost exterior side wall, including an attached private garage for a single detached dwelling.

Employment Use: means business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities.

Encroachment/Projection: means

a) Entering upon the land, property, other possessions, or the rights of another. For example, a building extending beyond the legal boundaries on to neighboring private or public land, or beyond the building-line of a road or street; or,

b) Construction of a building or structure that extends beyond the zone setback regulations.

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Erect: means to build, construct, reconstruct, enlarge, remove and relocate any building or

structure, and includes:

a) Any physical operation such as excavating, filling, grading or draining preparatory to

building, construction, reconstruction; and,

b) Altering any existing building or structure by an addition, enlargement, extension or other structural change; and,

c) The moving of a building or structure from one location to another; and,

d) Any work which requires a building permit.

Erosion Management: means erosion protection or control works and slope or shoreline stabilization works, approved by the Conservation Authority, to prevent or mitigate erosion hazards.

Existing: means a use, building, structure, or Jot that lawfully is in existence on the date of the passing of this By-law.

Existing Lot: means an existing Jot that does not meet the minimum Jot area or Jot frontage

requirements of the applicable zone.

An existing Jot is permitted to be used and buildings and structures may be erected, enlarged, repaired, or renovated provided the use conforms with this By-law and the buildings and structures comply with all other reQulations of this Bv-law.

Exterior Side Building Faade Width: means the width of the outermost exterior side yard building wall measured from the interior of the exterior front wall to the opposite interior of the exterior rear wall. See also the definition for Front Building Fagade Width.

Exterior Side Lot Line: see Jot line.

Exterior Side Yard: see yard.

Farm Help Accommodation: means an accessory building or structure to an agricultural use used

for the accommodation of full-time agricultural employees, where the size and nature of the operation requires on-site farm accommodation, and may include a mobile home, but is not a second dwelling unit.

Farm Implement Dealer: means premises for the sale, storage or repair of equipment and machinery directly associated with the operation of a farm and includes the retail sale of farm supplies.

Farm Produce Market: means a building used for the retail sale of produce, plants and flowers grown on the premises (or in Ontario) and fruit or vegetables or bakery items that are processed or prepared on the premises and may include on-site or Ontario-made crafts.

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Farm Produce Stand: means a structure or building used on a seasonal basis for the retail sale of produce, plants and flowers grown on the premises (or in Ontario) and fruit or vegetables or bakery items that are processed or prepared on the premises, and may include on-site or Ontario-made crafts.

Farmer's Market: means an establishment or premises where the farm products from the local farming community or from Ontario are sold at retail from covered or open air areas designated for individual retailers.

Feed Mill: means premises in which animal feed or grain intended for livestock is stored, prepared, or packaged for sale.

Fence: means a vertical physical structure constructed to provide visual screening and/or to prevent unauthorized access and includes the posts and/or supporting structures (i.e. railing) and all decorative features (i.e. gates).

Financial Institution: means a commercial establishment such as a bank, trust company, credit union or other similar business or institution where money is deposited, kept, lent and exchanged, and may also include a banking machine attached to the outside of a wall.

First Storey: see storey, first.

Fish and Wildlife Management Use: means the utilization of practices to support the health and well-being of fish, wildlife, and other organisms and may include the management of those areas where species concentrate during annual or life cycles and the management of areas of importance to migratory or non-migratory species. See the also the definitions for Fish Habitat, Wildlife Habitat, and Specific Wildlife Habitats of Concern.

Fish Habitat: means the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes and is as identified by the Provincial Ministry of Natural Resources. See also the definitions for Wildlife Habitat and Specific Wildlife Habitats of Concern.

Fitness Centre: means a building in which facilities and exercise equipment are provided for recreational and athletic activities and which may include exercise classes, instructive training, and/or space for fitness or athletic training and associated facilities such as a retail store, office space, and related lounge facilities, but does not include any uses listed in the definition for a place of entertainment.

Flood Control: means works approved by the Conservation Authority that are undertaken to prevent or mitigate flooding hazards.

Floor: means all the rooms or areas on the same level of a building; a storey. See the definition for Storey.

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Floor Area, Gross: means the total area of all floors of a building or structure as measured from the exterior surface of the exterior walls or common walls.

The calculation includes: stairwells, elevators, escalators, ventilating shafts, attics (if a habitable room), basements/cellars (if a habitable room), private garages, porches (but does not include decks), concourses, washrooms, attached enclosed and covered loading docks and related enclosed corridors used for loading purposes, above and below grade parking structures, storage rooms, rooms for waste containment, and mechanical rooms.

Floor Area, Net: means the total area of all floors of a building or structure as measured within the interior surface of the exterior walls.

The calculation does not include: the area of stair wells, elevators, escalators, ventilating shafts, attics (if not a habitable room), basement/cellars (if not a habitable room), private garages, covered porches (but does not include decks), concourses, washrooms, attached enclosed and covered loading docks and related enclosed corridors used for loading purposes, above and below grade parking structures, storage rooms, rooms for waste containment, and mechanical rooms.

Floor Space Index: means the total gross floor area of the building divided by the lot area.

Forestry and Resource Management Use: means the utilization of practices to support the health and well-being of forests, woodlots, and associated natural resources by utilizing good forestry practices.

Good forestry practices means:

a) The proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; forest productivity and health; and, the aesthetic and recreational opportunities of the landscape;

b) The cutting and removal of hazardous, severely damaged, diseased and insect infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values;

c) In the case of hazardous, damaged, diseased or insect infested trees, the maintenance of a woodland after the cutting and removal is completed unless it is determined through a report prepared by a Registered Professional Forester that trees must be removed and a woodland as defined would not be maintained but in no case shall clearcutting be allowed; and,

d) The forestry management practices as set out in the Ministry of Natural Resources document "A Silvicultural Guide to Managing Southern Ontario Forests".

Frontage: see lot frontage/lot width.

Front Building Faade Width: means the width of the outermost front yard building wall measured from the interior of the outermost exterior side wall to the opposite interior of the outermost exterior side wall. See the definition for Exterior Side Building Faade Width.

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Front Private Garage Face: means the face of the private garage that is designed as the primary

motor vehicle access point into the private garage.

Front Lot Line: see lot line.

Front Wall: means the closest point or wall of a building facing the street.

Front Yard: see yard.

Fuel Storage Depot: means the use of land, buildings or structures where fuels such as gasoline, propane, natural gas, oil, kerosene, and diesel fuel are stored or kept for sale and distribution and may include a propane dispensing station.

Funeral Establishment: means premises that temporarily store deceased human bodies and cremated human remains so that persons may attend and pay their respects and includes the care and preparation of deceased human bodies, the coordination and provision of rites and ceremonies, and the provision of other services as may be prescribed, but does not include a crematorium.

Garden Centre: means the use of land, buildings or structures, or portion thereof, for the growing and/or retail sale of flowers, bushes, shrubs, trees, plants and other garden centre stock and includes the incidental sale of such items as fertilizers, pesticides, soil, pots and garden ornaments and may also include greenhouses but does not include a licensed marijuana production facility.

Gazebo: means an unenclosed, except for screens, building with a roof. See also the definitions for Deck, Pergola, and Porch.

Golf Course: means the use of land for the purposes of playing golf and may include a clubhouse, office, pro-shop, driving range, restaurant, tavern, banquet hall, meeting rooms, putting green, miniature golf course and maintenance buildings.

Grade: means the level of proposed or established ground.

Grade, Established: means the average elevation of the surface ground adjoining a building or

structure measured at the perimeter of the building or structure

Greenhouse: means a building or structure for the growing of such items as flowers, bushes, shrubs, trees, plants, fruits, and vegetables. Such use may also include wholesale or retail sale of greenhouse products grown in the greenhouses located on the lands on which the greenhouses are located, but does not include a licensed marijuana production facility.

A greenhouse that is less than 10.0 m2 is considered an accessory building or structure.

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Green Roof: means an extension to a building's roof that allows vegetation to grow in a growing medium and which is designed, constructed and maintained in compliance with the Ontario Building Code and City standards.

Group Home: means a supportive housing facility located within a dwelling unit where up to 10 persons, exclusive of staff, live as a unit under responsible supervision consistent with the requirements of its occupants, which is licensed or approved or funded by the Province of Ontario, governed by O.Reg.434/01, under the Developmental Services Act, R.S.O. 2001, as amended, but excludes a correctional residential care facility and a Jong-term care facility.

First Storey Area: means the gross floor area of the first storey, the area is measured from the exterior wall surface of the exterior walls at the floor level of the first storey, but excludes internal parking areas/lots.

Habitable Room: means a room that has at least seventy-five percent (75%) of its clearance having a minimum height of 2.0 m which is located within a dwelling unit that is used or intended to be used for living, sleeping, eating, food preparation, or a washroom that can be used at all times throughout the year.

A habitable room does not include: a laundry room, pantry, lobby, hallway, closet, sunroom, porch, balcony, garage, unfinished attic, unfinished basement/cellar, furnace room, or any space used for the service and maintenance of such dwelling or for vertical travel between storeys.

Heavy Manufacturing Establishment: means premises used for:

a) The manufacturing or processing of products from raw materials;

b) The production or use of flammable, explosive or other hazardous materials;

c) Outdoor processing of products andmaterials; and,

d) Warehouse and storage.

See the definition for Light Manufacturing Establishment.

Heavy Service Shop: means a shop devoted to the sales, servicing or repair of major appliances, heating/cooling systems, and commercial, construction equipment and may include the renting commercial vehicles, light construction or lawn care equipment. See the definition for Light Service Shop.

Height: means the vertical distance of a building or structure measured from the established grade

to:

a) The highest point of the roof surface, or the parapet, whichever is the greater, of a flat roof,

or,

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b) The deckline of a mansard roof; or,

c) The mid-point level between lowest point of the eaves and the ridge (or peak) of a gabled, hip, gambrel roof or other type of pitched roof; or,

d) Where an exterior wall extends above the top of the roof of a building, the topmost part of such exterior wall; or,

e) In the case of a structure not having a roof, the top part of that structure.

In calculating the height of a building, any construction used as an ornament or for the mechanical operation of the building such as a mechanical penthouse, or a chimney, tower, cupula or steeple is not to be included.

Hereafter: means "after the date of the passing of this By-law".

Herein: means "anywhere in this By-law".

Hereof/Hereto: means "of this By-law" and "to this By-law", respectively.

Highway Corridor: means lands within the established limits of an existing or future controlled- access Provincial freeway including an interchange, a service road, plus any road widening adjacent to any of the above.

Home Industry: means a small-scale commercial or industrial use that is accessory to an agricultural use located on the same Jot that is conducted by the occupants of the dwelling unit wholly within an accessory building or structure.

Home industries may include welding, carpentry or machine shops, or other agriculture-related uses that involve the processing or transportation of regionally produced agricultural crops and other products and the accessory retail sale of products produced in the home industry.

The repair, storage or sale of motor vehicles and machinery is not a home industry.

Home Occupation: means an accessory/ancillary use within a dwelling unit which is the principal residence of the proprietor for an occupation or business which does not create a public nuisance or adverse effect on abutting lands or the surrounding neighbourhood, and does not include outdoor storage, but may include outdoor activities including play equipment in the rear and exterior side yards in accordance with the provisions of this By-law.

Home occupations may include, but are not limited to, services performed by an accountant, lawyer, realtor, financial planner, hairdresser, seamstress, tutor or private home day care.

Hospice: means premises providing palliative care as well as emotional support to terminally ill

patients.

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Hospital: means an institution providing medical and surgical treatment and registered professional nursing care for sick and injured people under the Public Hospitals Act, R. S. 0. 1990, as amended.

Hotel/Motel: means a building(s) that provides temporary accommodation to the public for a period not exceeding twenty-eight (28) consecutive days, and may include independent cooking facilities and ancillary uses such as but not limited to restaurants, retail and service commercial uses, meeting and convention facilities, banquet facilities, recreation and entertainment facilities, and may also include one (1) dwelling unit.

Hot Tub, Above-ground: means a large tub 0.6 m or greater above grade filled with hot aerated water used for hydrotherapy, relaxation or pleasure, but does not include a pool, above-ground.

Hot Tub, In-ground: means a large tub less than 0.6 m above grade filled with hot aerated water used for hydrotherapy, relaxation or pleasure, but does not include a pool, in-ground.

Industrial Mall: means a group of permitted industrial uses designed, developed and functioning as a single complex that may be comprised of a group of buildings held in single ownership or by participants in a condominium corporation or co-operative with common loading spaces and parking spaces on one (1) lot.

Industrial Use: means premises used for manufacturing, processing, fabrication, assembly, treatment, packaging, repair and servicing, and incidental storage of goods and materials, and related accessory/ancillary uses.

Infrastructure: means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management systems, waste management systems, electricity generation facilities, electricity transmission and distribution systems, communications / telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities.

Institutional Use: means the use of land for non-commercial and non-residential purposes, and shall include public or private schools, places of worship, day cares, long-term care facilities, public service facilities, correctional residential care facilities, Provincial, Regional, Federal or City offices, libraries, museums, parks and community centres.

Intake Protection Zone: means an area delineated and labelled as Source Water Protection Area on Schedule "A" of this By-law and in the Source Protection Plan for the Niagara Peninsula Source Protection Area that surrounds a municipal surface water intake and within which it is desirable to regulate or monitor drinking water threats.

Interior Lot: see lot.

Interior Side Lot Line: see lot line.

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Interior Side Yard: see yard.

lntermodal shipping yard: means the use of land for the transfer of cargo typically held in

shipping containers from one method of transportation, whether truck, rail, ship or plane to another.

Kennel: means the use of lands, buildings or structures where dogs, cats and other household pets are bred or raised primarily for the purpose of sale or are trained or boarded for gain or profit.

Laboratory: means a building, or part thereof, used for scientific research and development, medical or dental testing (i.e. blood tests, x-rays, specimen depots), experimentation and/or research.

Lane: means a walkway, emergency access, or right-of-way that is not a street but was laid down upon a registered plan and dedicated to the City or legally granted or conveyed.

Licensed Marijuana Production Facility: means premises for the cultivation, testing, processing, production, inspection, packaging, distribution and destruction of marijuana produced under license under the federal government's Cannabis Regulations, as amended from time to time, or any successors thereto.

Light Equipment/Machinery Rental Establishment: means a building or part thereof where residential, industrial and commercial machinery and equipment is kept for rental to the general public.

Light equipment and machinery includes air compressors and related tools and accessories, augers, automotive tools, cleaning equipment, concrete and masonry tools, hydraulic equipment, lawn and garden tools, moving equipment, plumbing tools and power tools.

Light Manufacturing Establishment: means premises used for:

a) The manufacturing, processing, assembly or packaging of parts or products;

b) The repair or servicing of products;

c) Building supply storage and wholesale;

d) Warehouse and storage; and,

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e) Accessory retail use of the goods manufactured on the same lot;

f) But does not include obnoxious, dangerous or offensive trades with emissions, noise or vibrations in excess of the Province's guidelines.

See also the definition for Heavy Manufacturing Establishment.

Light Service Shop: means a use devoted to the service and repair of small appliances, home and office electronics, clothing/shoe repair, bicycle repair, jewelry repair or the repair and servicing of other small tools and appliances. See also the definition for Heavy Service Shop.

Linked Dwelling: see dwelling.

Loading Space: means an unobstructed open or covered area of land which is provided on a lot

that:

a) Is provided for the temporary parking of one (1) commercial vehicle while merchandise or materials are being loaded or unloaded, but shall not be for the purpose of sale or display;

b) Is not upon or partly upon any street or lane; and,

c) Has adequate access to permit ingress and egress of a commercial vehicle from a street by means of driveways, parking aisles, maneuvering areas or similar areas, no part of which shall be used for the temporary parking or storage of one (1) or more motor vehicles.

Long-haul Transport Trailer/Transport Tractor: means a non-motorized vehicle designed to be hauled by a truck or large transport vehicle.

Long-term Bicycle Parking Space: means a space to park and secure a bicycle in an enclosed, secured area with controlled access where a bicycle is intended to be parked for long periods of time. See also the definition for Short-term Bicycle Parking Space.

Long-term Care Facility: means premises which provides care to meet the physical, emotional, social, spiritual and personal needs of persons.

Long-term care facilities are governed by the Long Term Care Act, R.S.O. 2007, as amended, and may include independent accommodation for residents in separate buildings on the lot that provides independent dwelling units for residents that may share services such as meals, medical care services, or recreation that are provided by the facility.

Lot: means a parcel or tract of land which:

a) Is a whole lot or block as shown on a registered plan of subdivision, but for the purposes of this paragraph does not include a registered plan of subdivision which has been deemed not to be a registered plan of subdivision under a by-law passed pursuant to the Planning Act, R.S.O. 1990, as amended; and;

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b) Fronts onto a street; or;

c) Is a separate parcel of land without any adjoining lands being owned by the same owner or owners at the date of the passing of this By-law; or,

d) The description of which is the same as in a deed which has been given consent pursuant to the Planning Act, R.S.0. 1990, as amended; or,

e) Is the whole remnant remaining to an owner or owners after a conveyance made with consent pursuant to the Planning Act, R.S.0 . 1990.. as amended.

a) Corner Lot: means a lot situated at the intersection of and abutting on two (2) or more streets

provided that the angle of intersection of such streets is not more than 135 degrees.

In the case where a corner lot abuts a 0.3 m reserve, all provisions of this By-law concerning

corner lots shall apply.

b) Interior Lot: means a lot situated between adjacent lots and having access to one street.

c) Through Lot: means a lot, other than a corner lot, that is bounded on two (2) opposite sides by

streets.

Lot Area: means the total horizontal area within the lot lines of a lot.

Lot area equals lot width multiplied by lot depth.

Lot Centre Line: means the line joining the midpoints of the front and rear lot lines.

In the case of a corner lot, the lot centre line is a line drawn perpendicular from the mid-point of the

rear lot line to meet the front lot line.

Lot Coverage: means the percentage of the lot area covered by the footprint of all above-grade roofed buildings and structures, including balconies, covered porches, breezeways, covered roofs over drive-throughs, and covered exterior landings.

Lot coverage does not include an in-ground pool, an in-ground hot tub, a deck, eaves, and stairs.

Lot Depth: means the horizontal distance between the front and rear lot lines.

a) Where these lot lines are not parallel, the lot depth is the length of a line joining the mid- points of the front and rear lot lines.

b) In the case of a triangular lot, the lot depth is measured from the midpoint of the front lot line

to the converging point of the side lot lines.

Lot Flankage: means the exterior side lot line.

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Lot Frontage/Lot Width: means the horizontal distance between the side lot lines of a lot measured along the front lot line.

a) Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage/lot width is determined from the lot centre line to a point 6.0 m back from the front lot line measured horizontally at 90 degrees from the lot centre line between the side lotlines.

b) In the case of a corner lot with a sight/daylightingtriangle or a rounded corner, the lot frontage/lot width is determined from the lot centre line to back from the front lot line measured horizontally between the side lot lines.

Lot Line: means any line that makes up the legally defined boundary of a lot.

a) Exterior Side Lot Line: means a side lot line which abuts a street, whether or not an improved street, or a lane or, a side lot line which abuts land zoned environmental (EP1, EP2, EP3) on a corner lot.

b) Front Lot Line: means the lot line along a public street, but in the case of:

i) A corner lot or through lot, the shortest of the lot lines that divide the lot from the

street shall be deemed to be the front lot line.

ii) A corner lot or through lot with two (2) streets of equal length, the lot line that abuts the wider street, or abuts a regional road or provincial highway shall be deemed to be the front lot line for a lot.

iii) The street line facing the principal entrance tothe main building shall be the front lot line.

iv) A corner lot or through lot where a 0.3 m reserve abuts one of the lot lines, the front lot line shall be the lot line not abutting the 0.3 m reserve.

c) Interior Side Lot Line: means any side lot line that is not an exterior side lot line.

d) Rear Lot Line: means the lot line opposite the front lot line.

In the case of a triangular lot, the rear lot line is the point of intersection of the side lot lines.

In the case of any other type of lot, the furthest lot line opposite the front lot line, including any contiguous line adjoining it at an angle of less than 45 degrees.

e) Side Lot Line: means the lot line other than a front or rear lot line.

Main Building: means the building in which the principal/primary use of the lot is carried out.

Mausoleum: means a building, structure or part thereof, used for the interment of human remains in sealed crypts, tombs or vaults.

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Medical Practitioner: means a person authorized to practice medicine under the Medicine Act,

R.S.0. 1991, as amended, a person authorized to practice dentistry under the Dentistry Act, R.S.0 . 1991, as amended, or a person authorized to practice as a health professional under the Regulated Health Professions Act, R.S.O. 1991, as amended. See also the definition for Drugless Practitioner.

Microbrewery or Microwinery: means premises used for the small-scale production of beer, spirits or wine produced for consumption on the same premises and retail sale and may include as accessory/ancillary uses an office, tasting facilities, restaurant , and the retail sale of related items.

Minimum: means the least to which anything may lawfully be reduced.

Minimum Distance Separation Formula: means the formula which is used to calculate an appropriate distance between an existing or proposed livestock building and other uses on surrounding properties as set out in the Agricultural Code of Practice, as amended or replaced from time to time.

Mineral Aggregate Operation: means lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, R.S.O. 1990.., as amended, and associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products.

Miniature Golf Course: means an area of land or building, or part thereof, in which the game of golf is simulated on a small-scale, but does not include a driving range.

Mixed-use Building: means a building used for any combination of permitted commercial uses, institutional uses, office uses, and/or residential uses, but residential uses are not to be located within the first storey abutting a front lot line or an exterior lot line.

Mobile Home: means a prefabricated building which is designed to be towed on its own chassis (notwithstanding that its running gear is or may be removed) and is designed and equipped for year round occupancy and contains cooking and sanitary facilities but does not include a motor home, trailer, or a modular home constructed in parts off-site and assembled on a lot on a permanent foundation.

Mobile Home Park: means land predominately used for occupancy of mobile homes and includes all accessory buildings or structures used incidentally to its operation including administration offices, recreation facilities, service and utility buildings, and storage lockers but does not include a campground or a tent and trailer campground.

Model Home: means a building which is used on a temporary basis as a sales office and/or as an example of the type of dwelling that is for sale in the related development and which is not occupied or used as a residential dwelling.

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Motor Home: means a type of self-propelled recreational vehicle (RV) which offers living accommodation combined with a vehicle engine.

Motor Vehicle: means an automobile, a motorcycle, a motor-assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power under the Highway Traffic Act,

R.S.0. 1990, as amended. See also the definitions for Commercial Vehicle and Refreshment Vehicle.

Motor Vehicle, Inoperative: means a motor vehicle having missing parts including tires, or damaged or missing glass, or deteriorated or removed metal adjunct or parts, which prevent it from normal function.

Motor Vehicle Recycling: means the use of land, buildings and structures , where motor vehicles

are dismantled and sorted for recycling or disposal and where parts may be sold.

Motor Vehicle Repair Shop/Garage: means prem ises equipped with facilities for the service, maintenance, painting and body repairs of motor vehicles and/or boats, and includes the temporary parking of motor vehicles in the process of repair, and may include a motor vehicle service station.

Motor Vehicle Sales and Rental Establishment: means the use of land, buildings and structures, or portion thereof, where motor vehicles are displayed, sold, leased or rented , and may include a motor vehicle repair shop/garage, but does not include a recreational vehicle establishment .

Motor Vehicle Service Station: means the use of land, buildings and structures , or portion thereof, for the retail sale of motor vehicle fuels and lubricants, and may include as accessory/ancillary uses electrical charging stations, propane exchange stations, motor vehicle washing establishment, and a convenience retail and service kiosk.

Motor Vehicle Washing Establishment: means prem ises used for the washing and cleaning of motor vehicle, and may include a convenience retail and service kiosk as an accesso ry/ancillary use.

Municipal Drain: means a system to divert surface water from adjacent lands and convey flows to downstream watercourses by either ditches or closed systems such as pipes or tiles buried in the ground, and may also include structures such as dykes or berms , pumping stations, planting/buffer strips, grassed waterways, storm water detention ponds, culverts and bridges, and may include creeks and small rivers. A mun icipal drain must meet the tests of the Drainage Act and once constructed under the authority of the by-law becomes part of the municipality's infrastructure.

Mutual Driveway: means an ingress or egress that is common to two or more owners of abutting lands as a right-of-way registered against the title of the lands. See also the definition for Driveway.

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Museum: means premises devoted to the procurement, care, study, display and exhibition of objects of lasting value.

Natural Area Extent Line: means the boundary representing the extent and limits of all currently identified natural heritage features and natural hazard lands by upper tier government and agencies.

Natural Heritage Features and Areas: means features and areas, including significant wetlands, significant woodlands, fish habitat, areas of natural and scientific interest, significant valleylands, savannahs and tallgrass prairies, alvars, habitat of endangered species and threatened species, significant wildlife habitat.and significant habitat of species of concern which are important for their environmental and social values as a legacy of the natural landscapes of an area.

Natural Hazard Lands: means shorelines, floodplains, significant valleylands, unstable soil and unstable bedrock

Nearest Main Wall: means that portion of the front, side or rear foundation or piers of a building or

structure to the respective Jot line.

Night Club: means premises providing music and dance facilities which may include the sale of liquor and/or food to club patrons, but does not include an adult oriented entertainment establishment .

Non-complying: means a building or structure which does not comply with the regulations of this By-law for the zone in which such building or structure is located, as of the date of the passage of this By-law.

A non-complying building or structure may only be repaired or renovated provided that the repairs or renovations:

a) Does not further increase the extent or degree of non-conformity ; and,

b) Complies with all other applicable regulations of this By-law.

Non-conforming: means an existing use of any land, building or structure which does not conform with the permitted uses of this By-law for the zone in which said existing land, building, or structure is located so long as it continues to be used for that purpose.

Notwithstanding: when used in this By-law means in spite of, or instead of.

Office: means a building or part thereof where administrative and clerical functions are carried out in the management of a business, profession, organization, or public administration, but does not include a clinic.

Obnoxious Use: means an offensive use or trade within the meaning of the Public Health Act,

R.S.0. 1990, as amended, or any use which is offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas, fumes, liquid, vibration or refuse matter.

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On-Farm Diversified Use: means uses that are secondary to the principal agricultural use of the property, and are limited in area.

On-farm diversified uses include, but are not limited to: home occupations, home industries, agri- tourism uses, and uses that produce value-added agricultural products such as canning fruits and vegetables, roasting grain for livestock feed, processing apples to make apple cider, and wine- making.

Open Processing: means the conducting of an industrial use outdoors.

Open Space: means an area, open to the sky, which is used for the growth and maintenance of grass, flowers, shrubbery, trees and other landscaping and includes any surfaced sidewalks, patios, and in-ground swimming pools but does not include any access driveways, ramps, parking areas/lots and/or terraces.

Open/Outside Storage: means the placing or locating in the open air and/or in partially enclosed buildings or structures any goods, materials, parts, merchandise or equipment of any kind in the same place for more than twenty-four (24) hours, but does not include the storage of motor vehicles, motor vehicles, inoperative, construction vehicles, or agricultural vehicles whether capable of being operated or not.

Operating Apparatus: means outdoor mechanical equipment or machinery used in conjunction with buildings or structures including but not limited to air conditioners, pool pumps and pool heaters, generators, heat exchangers, and compressors.

Outside Display and Sales Area: means an outdoor area, covered or uncovered, used for the accessory display, rental, or sale of products or the supply of services in association with the principal/primary use of the lot.

Passive Recreational Trail: means a trail that is designed, constructed, and managed to minimize its impact on natural heritage features. Trail surfaces will be a combination of porous surfaces, such as native soils and/or woodchips, and may include boardwalks and footbridges. See also the definition for Recreational Trail.

Park: means land used and maintained for active or passive outdoor recreational purposes, such as walking/hiking/cycling recreational trails, p icnic areas and sports fields, and which may include a refreshment stand andwashrooms.

Parking Aisle: means the portion of a parking area/lot provided to access individual parking spaces, but is not used for the parking of motor vehicles.

Parking Area/Lot: means a lot, or part thereof, designed and/or used for the temporary parking of motor or commercial vehicles, including parking aisles and driveways, but does not include open/outside storage.

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Parking Space: means an area of land which is provided and maintained for the purpose of temporary storage of a motor vehicle or commercial vehicle and may be located in a parking area/lot or within a parking structure, private or public garage, or carport but does not include driveways or aisles.

Parking Structure: means a structure used for the parking of motor vehicles but does not include a private garage or a carport accessory to a dwelling.

Patio: means an unenclosed outdoor space, whether or not covered, whether or not a platform structure, used for the accommodation of patrons of an associated restaurant, tavern, or bake shop. See also the definitions for Deck, Gazebo, and Pergola.

Pavilion: means an unenclosed structure having a roof for the purpose of providing shelter from the elements during recreational activities such as picnics.

Pergola: means an open structure framework supported by posts, which may include drapery panels, over an outdoor area. See also the definitions for Deck, Gazebo, and Porch.

Personal Service Shop: means premises in which persons are employed in providing services for the personal needs of patrons and includes establishments such as a hairdressing or barber establishment, tattoo parlour, manicure/pedicure salon, laundromats, a dry cleaning depot, a shoe repair and service shop, dressmaker or tailor shop, a day spa and other similar services, and includes the retail sale of goods and services as an accessory/ancillary use.

Pervious Material: means material designed to be structurally stable while allowing rainwater infiltration and may include pervious pavers and paving or interlock, but shall not include landscaping elements such as gravel, dirt or limestone screening.

Pet Day Care: means premises where domestic pets are cared for and temporarily accommodated during the day, and they may be boarded overnight, in return for remuneration in an open, controlled, and secure setting, but typically are not kept in individual kennels and runs.

Pet Grooming Establishment: means a building or part thereof used for the grooming of pets but does not include a veterinary clinic, a kennel, or any overnight boarding.

Pharmacy: means a retail outlet that dispenses drugs by prescription and may include the sale of non-prescription drugs and retail goods and may include a medical clinic in conjunction with the dispensing of prescription drugs as an ancillary use.

Pipeline: means a conduit made of pipes connected end-to-end for the long distance transport of fluids or gases.

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Pit: means a place where unconsolidated gravel, stone, sand, clay, fill or other material is being, or has been, removed by means of an excavation to supply materials for construction, industrial, or manufacturing purposes, but does not include a wayside pit or quarry.

Place of Assembly/Banquet Hall: means a building or part thereof used for the gathering of people for events including but not limited to trade shows, banquets, weddings and conventions, but does not include a place of worship.

Place of Entertainment: means a building or part thereof used for leisure or entertainment activities and includes uses such as a cinema, theatre, concert hall, arcade, billiard hall, bowling alley or other indoor gaming facility, indoor miniature golf courses, indoor rock climbing, laser tag or similar uses, and which may include incidental preparation and sales of food and beverages on the premises, but does not include an arena or premises for the racing of motor vehicles, a casino or similar gambling facility, or an adult entertainment establishment.

Place of Worship: means premises used for the practice of religion and faith-based spiritual purposes wherein people assemble for religious worship, faith-based teaching, fellowship and community social outreach, and may include accessory/ancillary uses such as a place of assembly/banquet hall, auditorium, private cemetery, day care, private school, r eligious residence, and/or parish hall.

Planting/Buffer Strip: means a strip of land adjacent to a lot line that is used exclusively for the growing and maintenance of continuous row of trees, evergreens, shrubs, ornamental grasses, and other horticultural elements that is designed to act as a buffer or visual screen that have a height of

1.5 m or greater, and may include a landscaped berm with plantings that have a height of 1.5 m or greater, a wall or an opaque fence having a height not less than 1.5 m, and is not used for any other purpose except where a driveway and/or sidewalk cross the planting/buffer strip.

Platform Structure: means a raised level surface more than 0.15 m above grade, including but not limited to decks, balconies, patios and porches, but does not include a landing.

Playground: means an area for outdoor play that includes play equipment.

Play Equipment: means a structure that is designed and used for play and recreation.

Point of Intersection: means the point where two (2) lines or streets intersect.

Pool, Above-ground: means a pool used for recreational swimming with a superstructure 0.6 m or greater above grade, but does not include an above-ground hot tub. See also the definition for Pool, In-ground.

Pool, In-ground: means a pool used for recreational swimming with a superstructure that is less than 0.6 m above grade with its floor below grade, but does not include an in-ground hot tub. See also the definition for Pool, Above-ground.

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Porch: means an unenclosed, except for removable screens or awnings, platform structure attached to a main wall(s) of a dwelling that has a roof. See also the definitions for Deck, Gazebo, and Pergola.

Post-secondary Institution: means a public university or college of applied arts and technology and includes associated buildings, structures, recreational uses, and open space.

Power Generation Facility: means a building or structure or part thereof, used for the production of electrical power, where the output is 10 megawatts or greater, and where the method of production is limited to natural gas-fired, combined cycle, cogeneration and/or renewable energy.

Premises: means the whole or part of lands, buildings or structures, or combination thereof.

Principal/Primary Use: means the primary or predominate use of a lot or a building or structure as

used or as intended to be used.

Principal Entrance: means the main entrance to a building.

Printing Establishment: means premises used primarily for printing, regardless of the method, and/or publishing of newspapers , periodicals, books, maps and similar publications.

Private Club: means a building or lot opened or operated on a profit or non-profit basis by an association or chartered organization such as a lodge, legion, service club, union, or similar group, and the use of such premises for social, recreational or athletic purposes.

Private Garage: means a building or part thereof used for the temporary parking or storage of private motor vehicles, recreational vehicles, and household goods and wherein neither the servicing nor repairing of motor vehicles is carried on for remuneration.

Private Garage Width: means the width of a private garage at the widest measure between the exterior walls of the private garage.

Private Home Day Care: means a place wherein the temporary care of persons is provided, for a continuous period not to exceed twenty-four (24) hours, and is operated as an accessory/ancillary use within a dwelling and the provisions of this By-law. See also the definition for Day Care.

Private Parking Area/Lot: means a parking area/lot that is the principal/primary use of a lot and is operated and maintained by a private owner to provide public parking whether or not for gain or profit. See also the definition for Public Parking Area.

Private Parking Garage: means a structure constructed on a lot and operated and maintained by a private owner to provide public parking whether or not for gain or profit. See also the definition for Public Parking Garage.

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Private School: means premises, including outdoor areas, where academic instruction in a full range of elementary or secondary school courses of study is not provided by a public school board, and may include as an accessory/ancillary use a day care. See also the definitions for Commercial School and Public School.

Private Street Development: means a lot or block of residential dwellings in which each building

has access onto a private street or condominium roadway.

Private Street: means an easement, right-of-way or roadway that is used by motor vehicles and is maintained by a condominium corporation as a condominium roadway or other private owner providing access to individual lots. See also the definition for Public Street.

Propane Cylinder: means a container designed and manufactured in accordance with a cylinder specification authorized for the containment and transportation of propane under the Transportation of Dangerous Goods (TOG) Regulations of Transport Canada.

Propane Storage Tank: means a class of container for the storage of compressed natural gas/propane, designed and fabricated in accordance with Canadian Standards Association B51, but does not include a propane cylinder.

Propane Dispensing Station: means a facility at a fixed location with propane storage tanks used for the retail sale and dispensing of propane for the refueling of vehicles, appliances or other equipment of the business or establishment located at said location. Such facility may include a propane exchange station.

Propane Exchange Station: means a secured, caged area from which pre-filled propane cylinders are sold.

Province: means the Queen in the right of the Province of Ontario. Provincial shall have a corresponding meaning.

Public Authority: means Federal, Provincial, Regional, or City agencies and includes any commission, board, authority department, or utility established by any such agency.

Public Parking Area/Lot: means a parking area/lot that is the principal/primary use of a lot and is operated and maintained by a public authority to provide public parking whether or not for gain or profit. See also the definition for Private Parking Area.

Public Parking Garage: means a structure constructed on a lot and operated and maintained by a public authority to provide public parking whether or not for gain or profit. See also the definition for Private Parking Garage.

Public School: means premises, including outdoor areas, where academic instruction in a full range of elementary or secondary school courses of study is provided under the jurisdiction of a

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school board established by the Province and may include as an accessory/ancillary use a day care. See also the definitions for Commercial School and Private School.

Public Service Facility: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services.

Public service facilities do not include infrastructure.

Public Street: means a right-of-way or roadway that is used by commercial vehicles, long-haul transport trailer/transport tractor and motor vehicles that is maintained by a public authority. See also the definition for Private Street.

Public Utility: means water, artificial or natural gas, electrical power or energy, steam or hot water, and telecommunications works, and includes the works, structures, buildings and appurtenances necessary for the supply of such services by a Board, Commission, Corporation or person.

Pulp and Paper Mill: means a building or part thereof wherein natural and/or recycled feed stocks are used for the production of wood, paper and cardboard products.

Railway Lines: means an area of land, a portion of which is covered by a system of tracks, that provides for the movement and making up of trains and includes ancillary structures such as stations, offices, wheel houses, towers, repair and storage buildings.

Rear Lot Line: see lot line.

Rear Yard: see yard.

Recreational Trail: means a trail that is designed, constructed, and managed for walking, cycling/biking, and running purposes and may include structures accessory to the trail use, such as raised boardwalks and footbridges. See also the definition for Passive Recreational Trail.

Recreational Use: means the use of land, buildings, or structures, used for participatory and/or spectator-oriented recreation and entertainment uses, and may include a pavilion, public or private parks, playgrounds, tennis courts, basketball courts, soccer fields, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, picnic areas, in-ground pools, day camps and ancillary office, restaurant, retail and service commercial uses but does not include a golf course or driving range, or track for the racing of animals, motor vehicles, snowmobiles or motorcycles.

Recreational Vehicle: means a motor vehicle requiring a license and designed to be used primarily for travel, recreation or vacationing and includes such motor vehicles commonly known as travel trailers, camper trailers, truck camper, motor homes, all-terrain vehicle (ATVs), boats, snowmobiles or other similar vehicles, but does not include a mobile home. See also the definitions for Motor Vehicle and Commercial Vehicle.

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Recreational Vehicle Establishment: means premises where recreational vehicles are stored or displayed for the purpose of sale or hire and where repairs may occur.

Recycling Facility: means where goods, wares, merchandise, and articles are dismantled and/or sorted for further use .

Refreshment Cart: means a wheeled, transported, non-motorized refreshment vehicle, but does not include a refreshment vehicle .

Refreshment Vehicle: means a motorized motor vehicle from which refreshments and food are prepared and sold for public consumption and includes but is not limited to a motorized or non- motorized vehicle.

Region: means the Corporation of the Regional Municipality of Niagara . Regional shall have a corresponding meaning.

Required: means required by this By-law.

Research and Development: means the use of land, a building or structure, or part thereof, for research, investigation, testing, or experimentation and which may include engineering and product development in any field of science, medicine, technology and manufacturing.

Reserve: means a 0.3 m (1 ft) wide strip of land conveyed to the City, the Region, or the Province

for the purpose of preventing direct access to a public street from adjoining lands.

Residential Emergency Shelter: means a building providing temporary accommodation for persons requiring immediate shelter and assistance for a short period of time that is provided by a public authority or non-profit agency.

Residential Use: means the use of a building or structure as a dwelling .

Residential Zone: means all of the zones under Part 6 of this By-law which includes the following zones: R1A, R1B, R1C, R1D, R2A, R2B, R3A, R3B, R3C, R3D, R4A, and R4B.

Restaurant: means premises where food and beverages are prepared and offered for sale to the public for consumption either on or off the premises and may include incidental entertainment and any ancillary outdoor patio .

Retail Store: means a building or part thereof where goods, wares, or merchandise are offered or kept for sale directly to the public, but does not include motor vehicle sales and rental establishments and recreational vehicle establishments.

Risk Management Official: means a person appointed under Part IV of the Clean Water Act,

R.S. 0. 2006, as amended, by the council of a municipality that has authority to pass by-laws

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respecting water production, treatment and storage under the Municipal Act, R.S.0. 2001, as amended.

Roof, Flat: means a roof with an angle 10 degrees or less.

Roof, Pitched: means a roof with an angle equal to or greater than 10 degrees.

Scrap Yard: means premises used for the storage and/or handling of scrap, which may include waste paper, rags, bottles, bicycles, motor vehicles, tires, metal and/or other scrap material and salvage.

Seasonal Commercial Use: means an area of land used on a seasonal basis for retail display and sale, and may include uses such as a temporary outdoor garden centre, produce or other food sales, or a display of finished merchandise.

Secondary Use: means a use that is not the prominent use on the lot .

Self-contained Dwelling Unit: means a place of residence with habitable rooms that has an independent entrance either directly to the exterior or through a common vestibule but does not have access to other dwelling units.

Self-storage Unit: means a unit for the private storage of personal goods, materials and equipment, motor vehicles, commercial vehicles, boats and trailers that is divided from the floor to the ceiling by a wall with an independent entrance which may be from an internal hallway or from the exterior of the building.

Self-storage Establishment: means a building(s) consisting of individual self-storage units accessible by the user that are designed to be rented or leased to the general public for private storage of personal goods, materials and equipment, motor vehicles , commercial vehicles, boats and trailers .

Semi-detached Dwelling: see dwe lling.

Setback: means the shortest horizontal distance from a building or structure to a lot line or from a

building or structure to a different building or structure on the same lot.

a) Front Yard Setback: means the distance on a lot measured at a right angle from the front lot line to the nearest main wall of a building or structure .

b) Exterior Side Yard Setback: means the distance on a lot measured at a right angle from the

exterior side lot line to the nearest main wall of a building or structure .

c) Interior Side Yard Setback: means the distance on a lot measured at a right angle from the

side lot line to the nearest main wall of a building or structure .

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d) Rear Yard Setback: means the distance on a lot measured at a right angle from the rear lot line to the nearest main wall of a building or structure.

Sewage Treatment Plant: means a facility where sanitary sewage and storm water is treated.

Shipping Container: means a pre-fabricated commercial shipping or cargo containers that have been used and decommissioned (i.e. in the case of Sea-cans) or may be new. See also the definitions for Storage Container and Storage Trailer.

Shopping Centre: means premises of primarily commercial uses that function as a unit either in a single building or within multiple buildings on the same lot with common landscaped open space, parking areas/lots, loading areas, driveways and other shared facilities where the predominate use is retail stores.

Short Term Accommodation Rental: means a short-term rental for all or part of a dwelling unit used to provide sleeping accommodations for any rental period that is less than twenty-eight (28) consecutive days to a renter in exchange for payment. This excludes bed and breakfasts, hotels/motels, and accommodations where there is no payment.

Short-term Bicycle Parking Space: means a space to park and secure a bicycle for a few minutes or a few hours. See also the definition for Long-term Bicycle Parking Space.

Showroom: means the accessory display and sale of products manufactured on the premises.

Side Lot Line: see lot line.

Side Yard: see yard.

Sight Triangle: means an unobstructed triangular area directly adjacent to a vehicular intersection where the front lot line and exterior side lot line meet on a corner lot.

The dimensions of the sight triangle are not included when calculating the front lot line length,

exterior lot line length, or lot coverage.

When the site triangle has been dedicated to the City or Region in a registered plan of subdivision (59M plan) as part of a right-of-way, the regulated site triangle setbacks from lot lines does not apply.

Site Plan: means drawings and documents as approved by or subject to approval by the City in accordance with its Site Plan Control By-law, as may be amended from time to time.

Specific Wildlife Habitats of Concern: means areas where species concentrate at a vulnerable point in their annual or life cycle and areas which are important to migratory or non-migratory species. See also the definitions for Fish Habitat and Wildlife Habitat.

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Stacking Lane: means an area of land that is used exclusively for queued motor vehicles whose occupants are waiting to be provided with goods, materials or services from a drive-through facility accessory to a restaurant, a motor vehicle washing establishment, financial institution or pharmacy where a drive-through is permitted by this By-law.

Step Back: means the portion of a building that is horizontally and vertically recessed from the main wall that faces the street. The amount of the recess and the applicable portion of the building that is subject to the recess are specified in the provisions of this By-law.

Storage Container: means a pre-fabricated metal container or box that is new or used and deisgned for the storage of goods that may be temporarily or permanently stored on a lot but does not include a motor vehicle. See also the definitions for Shipping Container and Storage Trailer.

Storage Container Sales Establishment: means a lot where shipping containers, storage containers, and/or storage trailers may be stored and sold on the premises.

Storage Trailer: means a used commercial transport trailer that may or may not be licensed and with the storage area mounted on a wheel base. See also the definitions for Shipping Container and Storage Container.

Storey: means a floor or level of a building that is between the top of any floor and the ceiling or roof above it and is up to 4.2 m in height, but does not include the basement/cellar.

Any storey that exceeds 4.2 m in height shall be deemed to be an additional storey for each 4.2 m, or fraction thereof, in excess.

Storey, First: means the storey having its floor level closest to grade and its ceiling at least 1.5 m above grade.

Stormwater Management Facility: means an end-of-pipe, managed detention orretention basin, which may include a permanent pool, designed to temporarily store and treat collected stormwater runoff and release it at a controlled rate or direct it for an intended reuse.

Street: means a public street or a private street.

Street, Improved: is a street that has been surfaced with concrete, asphalt, or tar and chip and may or may not have curbs and gutters.

Street Line: means the boundary line of a street, representing the dividing line between a lot and a

street.

Street Townhouse Dwelling: see dwelling.

2-35

Structure: means anything that is erected, built or constructed of parts joined together that requires location in or on the ground or attachment to something having location on the ground.

A structure excludes the following: a fence; a retaining wall, and decks, patios, or steps less than

0.6 m above grade; flag pole; clothes line pole; and, basketball pole/net.

Supermarket: means a retail store that sells food and household goods.

Tandem Parking: means the parking of one (1) motor vehicle directly behind another. atlt excludes tandem parking in a driveway on a ot with a single detached dwelling, semi-detached dv.'el!-ing, duplex dv.'el!-ing, triplex dw-el!-ing, fourplex dv.'el!-ing and townhouse dwe/-1-ing.

Tavern: means a building or part thereof, which offers, as its primary function, the sale of alcoholic beverages to the public and which is licensed by the L.C.B.O.

Temporary Tent and/or Stage: means a tent structure and/or stage placed on lands for a temporary period and used for social, charitable or business events.

Temporary Use: means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Tent: means a portable shelter made of fabric, supported by one (1) or more poles and stretched tight by cords or loops attached to pegs driven into the ground and for the purposes of this By-law is considered a structure.

Tent and Trailer Campground: means a parcel of land providing overnight or short term accommodation for trailers, motor homes, and tents, but is not a mobile home, and includes accessory/ancillary uses such as common washroom lavatory and bathing facilities, indoor and/or outdoor recreation areas, picnic areas and an entrance kiosk.

Terrace: means an unenclosed portion of a rooftop of a building used as a common outdoor

amenity area.

Theatre: means any premises devoted to the presentation of live entertainment and performances but shall not include a night club or adult oriented entertainment establishment.

Through Lot: see lot.

Townhouse Dwelling: see dwelling.

Trailer: means an unpowered vehicle designed to be towed by a motor vehicle on a street, such as a boat trailer, an open cart, an unpowered vehicle equipped for living in, typically used during vacations but does not include a motor home, long-haul transport trailer/transport tractor, or a portable trailer.

2-36

Trailer, Portable: means a structure that is transportable used to provide temporary shelter as a classroom or office.

Triplex Dwelling: see dwelling.

Transportation Depot: means a building, structure or place where trucks or transports are rented, leased, kept for hire, or stored or parked for remuneration, or from which trucks or transports, stored or parked on the property, are dispatched for hire as common carriers, or which is a bonded or sufferance warehouse.

Transportation Terminal: means premises where large motor vehicles, buses, or taxis are parked and may include dispatching, administrative offices, a ticket office, canteen, luggage checking facilities, parcel shipping facilities, storage facilities for the parking of the motor vehicles, motor vehicle service station, and parking areas for passengers.

Tutoring: means the provision of supplementary academic instruction .

Upper Tier Government: means the Federal Government of Canada, Province of Ontario, and

Regional Municipality of Niagara.

Use: when used as a noun, means the purpose for which a lot or building or structure or any combination thereof, is designed, arranged, intended, occupied or maintained and"uses" shall have a corresponding meaning. "Use," when used as a verb, or "to use," or " used," shall have corresponding meanings.

Utility Building: means a building, structure or part thereof, used for the supply of local utility services, including a water or sewage pumping station, a water storage reservoir, an electric substation, and gas regulator, electric power transmission, telecommunications and other communication services buildings.

Utility Corridor: means a corridor of land used for the transmission of gas, oil, water, communications or electrical power and may include the erection of a utility building or the installation of other facilities essential to such transmission.

Veterinary Clinic: means a building or part thereof where animals are given medical or surgical treatment and may include ancillary shelter facilities provided for overnight treatment or boarding and where such a clinic is licensed by the College of Veterinarians of Ontario.

Walkout Basement: means that portion of a building which is partly underground, but which has more than 50% of the floor area below grade and which has an entrance and exit at grade level. This definition shall only apply in an area where the natural terrain permits construction of a walkout basement. See also the definition for Basement.

2-37

Wall: means any part of a building or structure which is designed to support a roof over a fully or partly enclosed space and shall include pillars and columns.

Wall, Common: means a wall that divides a building or structure into two or more areas for the purposes of separating areas.

Wall, Exterior Side: means the outside wall of a building or structure that faces the exterior lot line.

Wall, Front: means the outside wall of a building or structure that faces the front Jot line.

Wall, Party : means a wall jointly owned and jointly used by two parties under an easement agreement or by right-in-law, and erected at or upon a line separating two parcels of land each of which is, or is capable of being, a separate real estate entity.

Wall, Rear: means the outside wall of a building or structure that faces the rear lot line.

Wall, Side: means the outside wall of a building or structure that faces the interior side lot line.

Wall, Wing: means a solid wall attached to a building or structure or part thereof, typically provided for visual screening, noise attenuation and/or for the attachment of utility meters.

Warehouse: means premises for the indoor storage and freight distribution of goods, wares, merchandise, substances, articles, or products, and accessory office space, and may include the temporary on-site storage of commercial motor vehicles for freight handling including the pick-up, delivery and transitory storage of goods incidental to motor freight shipment directly related to the permitted use(s), but does not include a self-storage establishment.

Waste Container: means a garbage can, dumpster or other container used or designed for the deposit or storage of solid waste or recyclable material before transport to the waste disposal facility.

Waste Disposal Facility: means premises used for the disposal of residential , commercial or industrial waste and may include a landfill, waste transfer station, and processing facility.

Waste Enclosure: means a solid opaque wall with a gate for access that screens waste including recyclable material from view.

Waste Storage Area: means the interim containment of solid waste and recyclable material in

storage containers.

See also the definition for Storage Container.

2-38

Water Supply: means a distribution system of underground piping and related storage, including wells, pumping and purification appurtenances owned and operated by the City, the Region, and/or the Province.

Watercourse: means a natural channel for a stream and includes a natural channel for an intermittent stream but does not include a municipal drain.

Wayside Pit or Quarry: means a temporary pit or quarry opened and used by a public authority solely for the purpose of a particular project or contract of road construction and not located within the right-of-way.

Wholesale Establishment: means premises or part thereof where the purpose of the business is the buying of goods for resale to other businesses including other wholesalers but does not include a retail store that sells directly to the public.

Wholesale establishments include food terminals, chemical supply operations, and furniture and

office equipment suppliers.

Wildlife Habitat: means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. See also the definitions for Fish Habitat and Specific Wildlife Habitats of Concern.

Winery: means premises used for the processing of fruit including fermentation, production, bottling, aging and storage of wine.

Yard: means an open, uncovered space on a lot situated between a lot line and a building(s) or structure(s) on a lot.

In determining yard measurements, the minimum horizontal distance from the respective lot lines

shall be used.

a) Exterior Side Yard: means a yard, bounded by a front yard and a rear yard, between an

exterior side lot line and the nearest main wall of any building or structure on the lot.

b) Front Yard: means a yard extending across the full lot width, bounded by side lot lines,

between the front lot line and the nearest main wall of any building or structure on the lot.

c) Interior Side Yard: means a yard, bounded by a front yard and a rear yard, between an

interior side lot line and the nearest main wall of any building or structure on the lot.

d) Minimum Yard/Required Yard: means that portion of a lot between a specified lot line and the specified setback to where a building or structure may be located.

e) Rear Yard: means a yard, extending across the full lot width, bounded by side lot lines, between the rear lot line and the nearest main wall of any building or structure on the lot.

2-39

Zone: means a designated area of land use shown on Schedule "A" and established and designated by this By-law.

Zoning Administrator: means the employees of the City who have the duty of administering this By-law.

2-40

Appendix 3

City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Part 4 I Parking and Loading Requirements

The following regulations shall apply in all zones unless specifically stated otherwise.

4.1 Parking Space Requirements

A minimum number of parking spaces for motor vehicles shall be provided and maintained on a Jot in accordance with Table 4.1.

UNDER APPEAL

Residential Uses

Apartment building

Bed and breakfast Dormitory

Dwelling, single detached Dwelling, semi-detached Dwelling, townhouse Dwelling, duplex Dwelling, triplex

Dwelling, fourplex Dwelling, garden suite

1.25 spaces per dwelling unit or 0.25 spaces per bed sitting room

1.0 space per rental room, in addition to the parking space required for the principal dwelling unit

0.25 spaces per bed

2.0 spaces per dwelling unit

1.0 space per dwelling unit

1.0 space per dwelling unit, in addition to the parking space

nit

UNDER APPEAL

Mixed-use building 1.25 spaces per dwelling unit or 0.25 parking spaces per

bed-sitting room

Private road development 2.0 space per condominium unit

Second dwelling unit

Commercial Uses

Arena Clinic

Convenience retail and service kiosk

Convenience store Commercial school

1.0 spaces per second dwelling unit, in addition to the parking required for the principal dwelling unit

1.0 space per 30.0 m2 of gross floor area

1.0 space per 20.0 m2 of gross floor area

1.0 space per 25.0 m2 of gross floor area

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

Daycare 1.0 space per 30.0 m2 of gross floor area Farmer's market 1.0 space per 20.0 m2 of gross floor area Financial institution 1.0 space per 25.0 m2 of gross floor area Fitness centre 1.0 space per 20.0 m2 of gross floor area

Garden Centre 1.0 space per 20.0 m2 of gross floor area

Hotel/ motel 1.0 space per suite or guest room

Motor vehicle repair 4.0 spaces per service bay

shop/garage

Motor vehicle sales and 1.0 space per 30.0 m2 of gross floor area rental establishment

Motor vehicle service 2.0 spaces plus any required parking spaces for accessory station uses to the motor vehicle service station, such as a

convenience retail and service kiosk.

Office 1.0 space per 25.0 m2 of gross floor area

Patio 1.0 space per 10.0 m2 of patio area

Personal service shop 1.0 space per 15.0 m2 of gross floor area

Place of assembly/ 1.0 space per 20.0 m2 of gross floor area banquet ha/I

Place of entertainment 1.0 space per 20.0 m2 of gross floor area Restaurant 1.0 space per 10.0 m2 of gross floor area Retail store/ supermarket 1.0 space per 25.0 m2 of gross floor area

Self-storage establishment 1.0 space for every 1000.0 m2 of gross floor area Shopping centre 1.0 space per 20.0 m2 of gross floor area Veterinary clinic 1.0 space per 20.0 m2 of gross floor area

All other commercial uses 1.0 space per 30.0 m2 of gross floor area

not identified in this table

Agricultural and Rural Uses

Agricultural use/ No minimum requirement (parking for a single detached agriculture-related use/ dwelling shall still be provided)

on-farm diversified use

Farm implement dealer 1.0 space for every 25.0 m2 of gross floor area (excluding

outdoor displayand storage of motor vehicles)

Farm produce stand 2.0 spaces

Kennel 1.0 space for every 40.0 m2 of gross floor area

4-2

City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Employment Uses

Accessory retail uses to

industrial uses Bakery

Building supplyoutlet

Heavymanufacturing establishment

Heavyservice shop

Licensed marijuana production facility

Light manufacturing establishment

Light service shop Transportation terminal Warehouse

Wholesale establishment

All other industrial uses

not identified in this table

1.0 space per 20.0 m2 of gross floor area

1.0 space for every 30.0 m2 of gross floor area

1.0 space per 30.0 m2 of gross floor area

1.0 space per 100.0 m2 of gross floor area

1.0 space for every 35.0 m2 of gross floor area

1.0 space for every 1000.0 m2 of gross floor area

1.0 space for every 100.0 m2 of gross floor area

1.0 space for every 35.0 m2 of gross floor area

1.0 space for every 40.0 m2 of gross floor area

1.0 space for every 1000.0 m2 of gross floor area

1.0 space for every 80.0 m2 of gross floor area

1.0 spaces for every 40.0 m2 of gross floor area

Institutional and Recreational Uses

Cemetery 6.0 parking spaces

Daycare 1.0 space per 30.0 m2 of gross floor area Communitycentre 1.0 space per 30.0 m2 of gross floor area Communitygarden No minimum requirement

Conservation uses No minimum requirement Hospital 1.0 space for every two beds Long-term care facility 1.0 space for every four beds

Private school Elementary school: 1.5 spaces per classroom

Secondary school: 4.0 space per classroom

Public school Elementary school: 1.5 spaces per classroom Secondary school: 4.0 spaces per classroom

Place of worship 1.0 space per 20.0 m2 of gross floor area

All other institutional uses 1.0 space per 30.0 m2 of gross floor area

not identified in this table

All other recreational uses 10.0 spaces per playing field/rink/basketball/ volleyball not identified in this table court/in-ground pool

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

No minimum requirement for a playground, trail or picnic area

4.2 Calculation of Required Parking Spaces

4.2.1 Rounding

Where the calculation of the required number of parking spaces under Section 4.1 results in a fraction of 0.25 or higher, the value shall be rounded up to the next whole number.

4.2.2 Multiple Uses on a Lot

When a building or structure accommodates more than one (1) type of use, as defined in this By-law, the parking space requirement for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate uses, including any accessory uses with a defined parking requirement under Section 4.1.

4.2.3 Driveways Used as Parking Areas

On a lot with a single detached dwelling, semi-detached dwelling, duplex dwelling, triplex dwelling, fourplex dwelling or townhouse dwelling, a private driveway devoted to the dwelling unit and located on the lot may be included in the calculation of parking spaces.

4.2.4 Downtown Exemption

Notwithstanding any other provision of this By-law, commercial uses shall be exempted from the parking and loading space requirements of this By-law within the C1 and C2 zones.

4.3 Barrier-free Parking Spaces

4.3.1 Parking Spaces to be Provided

Barrier-free parking spaces are required to be provided near entrances for apartment buildings, mixed-use buildings, commercial uses, institutional uses and employment uses in accordance with Table 4.3.1 and have signage in accordance with the Ontario Regulation 191/11 Integrated Accessibility Standards, as amended.

4-4

City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Table 4.3.1 - Minimum Number of Barrier-free Parking Spaces Total Number of Parking Minimum Number of

Spaces in all Parking Barrier-free Parking Areas on the Lot Spaces

1 to 12 1

4% of the total number

13 to 100 of parking spaces in the

parking area

1, plus 3% of the total number of parking spaces in the parking area

2, plus 2% of the total number of parking spaces in the parking area

11, plus 1% of the total number of parking spaces in the parking area

Type A Spaces Type B Spaces

1 0

For lots with an even number of total barrier-free parking spaces
provide an equal number of Type A and Type B spaces.
For lots with an odd number of total barrier-free parking spaces
provide an equal number of Type A and Type B spaces.

The additional space may be a Type B space.

4.3.2 Dimensions of Barrier-Free Parking Spaces

The minimum dimensions for a barrier-free parking space shall be in accordance with Table 4.3.2.

Table 4.3.2 - Dimensions of Barrier-free

Parking Spaces

Type

Width

Length

Type A

3.4 m

5.8 m

Type B

2.4 m

5.8 m

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o Thorold Compr.a ""''"""ve oning BY· aw By-I w No 60·2019

4.3.3 Barrier-Free Parking Access Aisle

All barrier-free parking spaces shall include an access aisle and be in accordance with the following:

a) An access aisle can be shared by two (2) barrier free parking spaces;

b) An access aisle shall have a minimum width of 1.5 m and a minimum length of 5.8 m; and,

c) An access aisle shall include high tonal contrast diagonal markings. On unpaved ground surfaces, other methods to discourage parking on the access aisle can be used, if approved by the zoning administrator.

Q3. m

€,2.4m

Walkway

5.8m

4.4 Parking Area and Driveway Requirements

4.4.1 Parking Space Dimensions and Requirements

a) The minimum dimensions of a parking space and a tandem parking space in a driveway on a Jot with a single detached dwelling. semi-detached dwelling. duplex dwe(lin_g, tnplex dwelling.

fourple x dwelling. townhouse dwelling , garden

2.,sm-T

Garage 5 Sm

; 5Bm e

DW6lling

suite. second dwelling unit or home occupation shall be 2.75 m by 5.8 m with a minimum vertical clearance of 4.2 m.

b) The minimum dimensions of a tandem parking

_ i _ . I .. .srn...

Maxunum7 On1 or50% or the frontage, whichever ls le.s'6

Street

space for uses not listed in 4.4.1 aJ shall be 2.75 m by 6.7 m with a minimum vertical clearance of 4.2 m.

c) A required parking space shall be unobstructed and free of any structures and

encroachments.

4-6

C1Ly o Thorold ompf en 1ve,. omnq By la

By-la v No 60-20 9

d) Notwithstanding 4.4.1 c), Where a parking space within a private garage is a minimum of 6.0 m by

3.0 min dimension, an encroachment for stairs within a garage is permitted within the minimum dimensions of a parking space to a maximum of

0.3 metres along the length of the parking space or 0.25 metres along the width of the parking space.

4.4.2 Driveways

a) Only one (1} driveway shall be permitted in a

residential zone.

Comrns,c1al Elu1ld1ng

Street

UNDER

APPEAL

In any zone where a dwelling is permitted, the

maximum driveway width shall be 7.0 m or 50% of the frontage or condominium unit frontage or the exterior side lot fine distance; whichever is less, for the entire length of the driveway.

c) Notwithstanding 4.4.2a), a circular or secondary driveway shall only be permitted in accordance with the following:

i) On a lot with a minimum lot frontage of 30.0 m;

ii) The maximum combined width of all driveway entrances/egresses shall be 9.0 m; and,

iii) The minimum distance between the driveway entrances/egresses shall be 15.0 m. For the purposes of interpreting this regulation, the distance between proposed driveway entrances/egresses shall be measured along the applicable street line(s) between the

driveway entrances/egresses.

Ow.ailing

Fros\ Yin.I

Mmimum 16,0m (j)

i---- Mlmum300m-------------------------------- -<

d) Ingress and egress to and from required parking areas and required parking spaces in any zone shall be provided by means of unobstructed driveways at least 3.0 m in width for one way-traffic and 7 .0 m in width for two-way traffic.

e) Only private motor vehicles are permitted to be parked in a driveway on a lot in a

residential zone.

4.4.3 Parking Aisles

a) Each parking space shall be accessed either directly by a driveway or a parking aisle.

A parking aisle shall have a minimum width of 6.4 m.

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

b) Notwithstanding Section 4.4.3 a), where a parking aisle is designed to provide one way traffic only, and the parking spaces are provided at an angle not exceeding 45 degrees measured at the parking aisle, the minimum width shall be 4.5 m.

4.4.4 Parking Area and Driveway Surface

A parking area and the driveway(s) connecting the parking area with a street shall be constructed of asphalt, concrete, permeable paving, Portland cement, or like materials.

4.4.5 Illumination

Where parking areas are illuminated, lighting fixtures shall be designed and installed so that the light is directed downward, and deflected away from adjacent lots, roads and streets.

4.4.6 Parking Area Location Abutting Residential Zone

In any non-residential zone, where the lot abuts a residential zone, no part of any parking area

shall be located closer than 3.0 m to the residential zone.

4.4.7 Parking Area Attendant Structure

a) A structure, not more than 4.5 m in height and not more than 15.0 m2 in gross floor area shall be permitted in any parking area for the purpose of accommodating a parking area attendant.

b) The structure shall be setback a minimum of 3.0 m from all lot lines.

4.5 Loading Area Requirements

4.5.1 General

a) A minimum number of loading space(s) shall be provided and maintained on a lot in accordance with Table 4.5.1.

Table 4.5.1 - Minimum Loading Space Requirements

Use Minimum Number of

Required Loading Spaces

Residential Uses

i) Building containing less than 30 apartment None

dwelling units or bed-sitting rooms

ii) Building containing 30 or more apartment 1

dwelling units or bed-sitting rooms

Offices and Clinics

i) Less than 2,000.0 m2 of gross floor area None

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City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Table 4.5.1 - Minimum Loading Space Requirements

Use

Minimum Number of Required Loading Spaces

ii)

2,000.0 m2 of gross floor area up to and including 10,000.0 m2 of gross floor area

iii)

More than 10,000.0 m2 of gross floor area

Other Commercial, Institutional, Employment and Industrial Uses

i) Less than 250.0 m2 of gross floor area None

ii) 250.0 m2 of gross floor area up to or equal to 1 2,000.0 m2 of gross floor area

iii) More than 2,000.0 m2 of gross floor area 2

b) A loading space shall be a minimum of 3.5 m in width and 14.0 m in length with a

minimum vertical clearance of 4.2 m.

c) A loading space shall be unobstructed, and free of any structures and encroachments.

4.5.2 Rounding

Where the calculation of the required number of loading spaces under Section 4.5.1 results in a fraction of 0.25 or higher, the value shall be rounded up to the next whole number.

4.5.3 Multiple Uses on a Lot

When a building or structure accommodates more than one (1) type of use, as defined in this By-law, the loading space requirement for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate uses.

4.5.5 Loading Space Surface

A loading space shall be constructed of asphalt, concrete, permeable paving, Portland cement, or like materials.

4.5.6 Loading Space Location

A loading space shall not be permitted in any front yard or exterior side yard, except in any agricultural or rural zone, where it shall be permitted in any yard.

4.6 Bicycle Parking Requirements

a) A minimum number of parking spaces for bicycles shall be provided and maintained on a

lot in accordance with Table 4.6.1.

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City of Thorold Comprehensive Zoning By-law By-law No. 60-2019

Table 4.6.1 - Minimum Bicycle Parking Space Requirements

Use Short-term Bicycle Long-term Bicycle Parking Space Parking Space

Requirements Requirements

Residential Uses

Apartment dwelling unit or bed- Minimum of 2.0 spaces

sitting room and long-term care facility with 6 or less dwelling units or beds

Minimum 1.0 space per apartment dwelling unit or bed-sitting room

1.0 space per 500.0 m2 of gross floor area for long term care facility

Apartment dwelling unit or bed sitting room and long-term care facility with more than 6 dwelling units or beds

Office and Commercial Uses

Office

Personal service shop

Any retail or restaurant use

Institutional Uses

Hospital

Post-secondary institution

Private and public school Place of worship

0.25 spaces per

apartment dwelling unit

6.0 spaces for long-term care facility

Minimum of 6.0 spaces

1.0 space per 200.0 m2 of

gross floor area

3.0 spaces plus 1.0 spaces per 200.0 m2 of gross floor area

6.0 spaces per public

building entrance

1.0 space per 200.0 m2 of

gross floor area

1.0 space per classroom

1.0 space per 1000.0 m2

0.25 spaces per apartment dwelling unit or bed-sitting room

1.0 space per 500.0 m2 of gross floor area for long-term care facility

1.0 spaces per 200.0 m2 of

gross floor area

None required

1.0 space per 500.0 m2 of

gross floor area

1.0 space per 2000.0 m2 of

gross floor area

1.0 space per 500.0 m2 of

gross floor area

None required

4-10

City of Thorold Comprehensive Zoning By-law

By-law No. 60-2019

Table 4.6.1 - Minimum Bicycle Parking Space Requirements

Use Short-term Bicycle Long-term Bicycle Parking Space Parking Space

Requirements Requirements

Industrial Uses

Industrial None required 1.0 space per 1,500.0 m2 of

gross floor area

Warehouse None required 1.0 space per 2,000.0 m2 of

gross floor area

Other uses

All other non-residential uses

1.0 space per 1000.0 m2 of gross floor area

None required

4.6.2 Rounding

Where the calculation of the required number of bicycle parking spaces under Section 4.6.1 results in a fraction of 0.25 or higher, the value shall be rounded up to the next whole number.

4.6.3 Multiple Uses on a Lot

When a building or structure accommodates more than one (1) type of use, as defined in this By-law, the bicycle parking space requirement for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate uses.

4.6.5 Bicycle Space and Parking Area Requirements

a) All bicycle parking spaces under this By-law shall be provided on the same lot as the

building or use to which they serve; and,

b) Each short-term bicycle parking space required under this By-law shall be located a maximum of 15.0 m from a building entrance

4-11

Shane Webber v. City of Thorold, 2024 CanLII 51692

Case Summary

Part 2 I Definitions

2-2

Part 4 I Parking and Loading Requirements

4.1 Parking Space Requirements

UNDER APPEAL

UNDER APPEAL

4.2 Calculation of Required Parking Spaces

4.3 Barrier-free Parking Spaces

o Thorold Compr.a ""''"""ve oning BY· aw By-I w No 60·2019

4.3.3 Barrier-Free Parking Access Aisle

4.4.1 Parking Space Dimensions and Requirements

4.4.2 Driveways

4.4.3 Parking Aisles

4.5 Loading Area Requirements

4.6 Bicycle Parking Requirements