ZONING BY-LAW 17-91

 

SECTION 5

 

DEFINITIONS

 

 

Updated and consolidated to June 9, 2004, including:

 

By-Law No. 16-95 passed October 10, 1995;

Definitions:  Hunt Camp, Lot Frontage & High Water Mark Setback

 

By-Law No. 10-04 passed May 10, 2004;

Definitions:  Grade, Grade Established, Hot Tub, revise Height of Buildings

 

 

BP/js

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Saved: By-Laws/Zoning Definitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.1                ACCESSORY

 

A use, separate building or structure, which is usually incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure but not including a building or structure which is used as a dwelling unless specifically permitted.

 

5.2                AGRICULTURAL BUILDING

 

Any building or structure customarily used in connection with a farm other than a residence.

 

5.3                AGRICULTURAL USE

 

Any agricultural use or uses, structures or buildings accessory thereto, including field crops, animal husbandry, tree nurseries and any other use customarily carried on in the field of general agriculture, including the sale on the premises of produce grown or raised on the premises.

 

5.4                ATTACHED

 

A building otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.

 

5.5                AUTOMOBILE SERVICE STATION

 

A building or place where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased or washed or have their ignition adjusted, tires inflated or batteries charged, or where only minor or running repairs essential to the actual operation of motor vehicles are executed or performed.

 

5.6                BED AND BREAKFAST ESTABLISHMENT

 

Bed and Breakfast Establishment shall mean a one family dwelling in which no more than 3 guest rooms are made available for temporary accommodation of the traveling or vacationing public.  Such an establishment may offer light meals to those persons temporarily residing at the establishment.  A Bed and Breakfast Establishment shall not include a Restaurant or a Tourist Establishment.

 

5.7                BOATHOUSE

 

Any building space or enclosure in which one or more boats, ships or float planes are stored, kept or repaired.

 

5.8                BUILDING

 

A structure consisting of a wall, roof and floor or any of them or a structural system serving the same purpose and including any tents, awnings and carports.

 

5.9                BUILDING SUPPLY AND LUMBER OUTLET

 

A building or structure in which building or construction and home improvements materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home improvements but does not include any use or activity otherwise defined or classified herein.

 

 

 

5.10            BULK FUEL DEPOT

 

Lands, buildings and structures for the storage, distribution of fuels and oils but not including retail sales or key lock operations.

 

5.11            BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE

 

A building or part of a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment and may include the administrative offices of a non-profit or charitable organization.

 

5.12            CABIN

 

A cabin for sleeping that is not a dwelling unit as herein defined.

 

5.13            CABIN ESTABLISHMENT

 

A tourist establishment comprised of 2 or more cabins arranged singled or in pairs and which does not provide cooking facilities.

 

5.14            CAMPING ESTABLISHMENT

 

A tourist establishment consisting of at least 5 camping sites and comprising land used or maintained as grounds for the camping or temporary parking of trailers, motorized mobile homes, truck campers, campers or tents, and licensed under the Tourism Act.

 

5.15            CAMP SITE

 

An area within a camping establishment of at least 186 sq m that is occupied on a temporary basis only, by the trailer, motorized home, truck camper, camper or tent, but not a mobile home.

 

5.16            CEMETERY

 

The land that is set apart or used as a place for the internment of the dead or in which human bodies have been buried.

 

5.17            CHIEF BUILDING OFFICIAL

 

An official employed by the Township appointed under the Building By-Law or pursuant to the provisions of the Building Code Act, R.S.O. 1980, c.51, as amended, and shall include any Inspector likewise employed and appointed.

 

5.18            COMMERCIAL NURSERY AND/OR GREENHOUSE

 

A building and/or land for the growing of flowers, fruits, vegetables, plants, shrubs, trees and/or similar vegetation which is sold directly from such building or lot at retail.

 

5.19            CONTRACTOR’S YARD

 

A yard of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.

 

 

 

5.20            CONVENIENCE STORE

 

A retail commercial establishment, not exceeding 140 sq m of gross floor area, supplying groceries and other daily household necessities to the immediate surrounding area.

 

5.21            CORPORATION

 

The Corporation of the Township of Machar.

 

5.22            COTTAGE

 

A building within a cottage establishment to accommodate 1 or more guests which contains at least 2 rooms; which is at least partially furnished; and which provides facilities to permit the guest to prepare and cook food.

 

5.23            COTTAGE ESTABLISHMENT

 

A tourist establishment comprising 2 or more cottages owned or leased by the same person.

 

5.24            COUNCIL

 

The Council of the Corporation of the Township of Machar.

 

5.25            DAY NURSERIES

 

A day nursery operated for pre-school age children within the meaning of the Day Nurseries Act, R.S.O. 1980, c.111, as amended.

 

5.26            DOCK

 

A structure for the mooring of boats attached to or forming part of the mainland, not to exceed a height of 1 m above the high water mark.

 

5.27.           DWELLING

 

A building or part of a building occupied or capable of being occupied, in whole or in part as the home, residence or sleeping place of 1 or more persons either continuously, permanently, temporarily or transiently but shall not include a mobile home having less than 80 sq m in area.

 

5.28        DWELLING, ACCESSORY

 

A use, separate building, or structure, which is usually incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure but not including another dwelling.

 

5.29            DWELLING, APARTMENT

 

A separate building containing 3 or more dwelling units.

 

5.30            DWELLING, CONVERTED

 

A building originally constructed as a single detached dwelling unit of at least 225 sq m of gross floor area which has been converted by partition and/or the addition of sanitary and cooking facilities into more than 1 dwelling unit but less than 5 dwelling units.

 

 

5.31            DWELLING, DETACHED

 

A detached building containing 1 dwelling unit only.

 

5.32            DWELLING, DUPLEX

 

The whole of a 2 storey building divided horizontally into separate dwelling units, each of which has an independent entrance either directly or through a common vestibule.

 

5.33            DWELLING, SEMI-DETACHED

 

The whole of a building divided vertically into 2 separate dwelling units.

 

5.34            DWELLING, TOWNHOUSE

 

A dwelling unit in a building divided vertically into no less than 3 nor more than 8 dwelling units attached by common walls extended from the base of the foundation to the roof line, each dwelling unit have a separate entrance at grade.

 

5.35            DWELLING UNIT

 

A room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for the exclusive use of the residents and with a private entrance from outside the building or from a common hallway or stairway inside.

 

5.36            DWELLING UNIT, ACCESSORY

 

A separate dwelling unit which is contained in a building which was originally designed as a single family dwelling and continues to be occupied by the owner.

 

5.37            ESTABLISHED BUILDING LINE

 

The average distance from the street line or shoreline to existing buildings in any block where more than half the frontage has been built upon, at the date of passing of this by-law.

 

5.38            FARM

 

Any farming or agricultural use and includes apiaries; aviaries; berry or bush crops; breeding, raising, training or boarding of horses or cattle; commercial greenhouses; farms devoted to the hatching, raising and marketing of chickens, turkeys, or other fowl or game birds, animals, fish or frogs; farms for grazing; flower gardening; field crops; goat or cattle dairies; growing, raising, picking, treating and storing of vegetables or fruit produce produced on the premises; nurseries; orchards; riding stables; the raising of sheep or goats; the raising of swine; tree crops; market gardening; bee keeping; wood lots; such uses or enterprises as are customarily carried on in the field of general agriculture.  “Farm” includes a single family dwelling house, and such principal or main buildings and structures as a barn or silo, as well as accessory buildings and structures which are incidental to the operation of the farm.

 

5.39            FARM, SPECIALIZED

 

Any land on which the predominant economic activity consists of raising chickens, turkeys, or other fowl, the raising of fur bearing animals, the raising of swine, goats, horses, or cattle on feed lots, the raising or boarding of dogs or cats or the growing of mushrooms.

 

 

 

5.40            FINISHED GRADE

 

The average elevation of the finished surface of the ground at ground level on any one side of a building or structure.

 

5.41            FLOOR AREA, GROSS

 

The total floor area, as hereinafter defined, exclusive of any portion of the building or structure below finished grade measured between the exterior faces of the exterior walls which is used for heating, the storage of goods or personal effects, laundry facilities, recreational areas, the storage or parking of motor vehicles, exclusive of any private garage, carport, basement, walkout basement, cellar, porch, verandah, deck or sunroom unless such sunroom is habitable during all seasons of the year.

 

5.42            FLOOR AREA, GROUND

 

The maximum ground floor area of a building measured by the outside walls, excluding, in the case of a dwelling house, any private garage, carport, porch, verandah, deck or sunroom unless such sunroom is habitable at all seasons of the year.

 

5.43            GARAGE, PRIVATE

 

A detached accessory building or portion of a dwelling house which is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed and excludes a carport or other open shelter.

 

5.44            GOLF COURSE

 

A public or private area operated for the purpose of playing golf, and include a par 3 golf course, club house and recreational facilities, accessory driving ranges and miniature golf courses, and similar uses.

 

5.45            GRADE

 

The level of the ground adjacent to the outside wall of a building or structure.

 

5.46            GRADE, ESTABLISHED

 

The average surface elevation at the outside walls of any building or structure, which is determined by taking the arithmetic mean of the levels of the finished ground surface at every location of change of grade at the outside walls of the building or structure.

 

5.47            GROUP HOME

 

A single detached dwelling unit in which not more than 10 persons, having physical, social or mental handicaps reside in a household under the appropriate supervision of supervisory personel, who may also reside in the dwelling unit, and which is licensed and/or approved for funding under provincial statutes and in compliance with municipal by-laws.  A dwelling unit occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of a conviction of a criminal offence is not a group home.

 

 

 

 

5.48            GUEST CABIN

 

A single storey accessory structure which is not attached to the main dwelling on a lot, which is maintained for the accommodation of an individual or individuals where facilities for cooking are not provided.

 

5.49            HEAVY EQUIPMENT SALES AND RENTAL

 

A building or part of a building or structure in which heavy machinery and equipment are offered or kept for sale, rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this by-law.

 

5.50            HEIGHT OF BUILDINGS

 

The vertical distance, measured between the average established grade at all points around a building, and:

a)       in the case of a flat roof, the highest point of the roof surface;

b)       in the case of a mansard roof, the deck roof line; and,

c)       in the case of a gable, hip or gambrel roof, the average height between the eaves and ridge.

Accessory roof constructions, such as chimneys, towers, steeples or television antennas, shall be disregarded in calculating the height of a building.

 

5.51            HIGH WATER MARK SETBACK

 

Shall mean the horizontal distance from the normal or maintained high water mark of a lake, river or stream to the nearest part of any building or structure for which a setback is required.

 

5.52            HOME INDUSTRY

 

Any occupation of an industrial nature conducted entirely within a building or part of a building accessory to a single detached dwelling house.

 

5.53            HOME OCCUPATION

 

An occupation carried on by the occupant of a dwelling on his premises as a secondary use in connection with which there is no display, no stock in trade nor commodity sold upon the premises and may include a Day Nursery or a Bed and Breakfast Establishment.

 

5.54            HOTEL

 

A building or part of a building that contains a general kitchen and dining room and other public rooms, the remaining rooms of which contain no provision for cooking, and are usually hired by transients as places of abode; and includes a hostel for men or women.

 

5.55            HOT TUB

 

A structure that is designed to contain water that is heated above normal body temperature for rest and relaxation.

 

5.56            HUNT CAMP

 

Shall mean a building or structure having an area of 140 sq m or less and which may include facilities for the preparation of food and the overnight accommodation of hunters on a temporary basis, during the hunting and fishing seasons only, but shall not include any other use or establishment as may be otherwise defined or classified in this by-law.

 

5.57            IMPROVED PUBLIC STREET

 

A street, road or highway under the jurisdiction or the Province of Ontario or the Township which is maintained so as to allow normal vehicular access to adjacent properties and which, in the case of a township road, is a road for which the Township receives construction and maintenance subsidies from the Ministry of Transportation and Communications.

 

5.58            LANDSCAPED OPEN SPACE

 

The open unobstructed space from ground to sky at grade on a lot accessible by walking and which is suitable for the growth and maintenance of grass, flowers, trees, bushes and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure.

 

5.59            LAUNDROMAT

 

A building or structure where the service of coin operated laundry machines, using only water, detergents and additives, are made available to the public for the purpose of laundry cleaning.  This shall include a dry cleaning establishment.

 

5.60            LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT

 

A building or structure or part of a building or structure in which light machinery and equipment such as air compressors and related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and accessories; fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks and hydraulic equipment; lawn and garden tools; ladders; moving equipment; painting and decorating equipment; pipe tools and accessories; plumbing tools and accessories; pumps; hoses; scaffolding; welding equipment; and, other similar tools and appurtenances are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this by-law.

 

5.61            LOT

 

A parcel or tract of land described in a deed or other legal document which is legally capable of being conveyed.

 

5.62            LOT AREA

 

The total horizontal area within the lot lines of a lot.

 

5.63            LOT, CORNER

 

A lot situated at the intersection of 2 or more streets, or at the intersection of a street and a railway right-of-way, or a lot abutting on 1 or more parts of the same street, in which an interior angle of less than 135 degrees is contained, between the front and side lot lines abutting by the said street or streets.

 

5.64            LOT COVERAGE

 

The percent of the lot area covered by buildings or structures excluding parking areas, driveways and walkways.

 

 

 

5.64(a)   LOT FRONTAGE

 

                Means the horizontal distance between the interior and/or exterior lot lines, with

such distance being measured perpendicularly to the line joining the middle of the front lot line with the middle of the rear lot line and a point therein 8 m from the front lot line.  In the case of a corner lot with a daylighting triangle, the exterior lot line shall be deemed to extend to its hypothetical point of intersection with the extension of the front lot line for the purposes of calculating lot frontage.

 

5.65            LOT LINE, INTERIOR

 

A lot line which does not abut a street.

 

5.66            LOT LINE

 

Any boundary of a lot.

 

5.67            LOT LINE, EXTERIOR

 

The side lot line which abuts an improved public street or an unopened road allowance on a corner lot.

 

5.68            LOT LINE, FRONT

 

The lot line that abuts the street, but in the case of any lot having water access, the front lot line shall be the lot line abutting the high water mark of the navigable waterway, or the lot line abutting the Crown Shoreline Reserve and:

a)       in the case of a corner lot or through lot, the shorter lot line that abuts a street or navigable waterway shall be deemed to be the front lot line and the longer lot line that abuts a street or navigable waterway shall be deemed the exterior side lot line, but,

b)       in the case of a corner lot or through lot with 2 lot lines of equal length abutting streets, the lot line that abuts the wider street shall be deemed to be the front lot line, but where the streets are of equal width, the lot line which abuts a Provincial Highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction and of the same width, the owner of the lot may designate which street line shall be the front lot line.

 

5.69            LOT LINE, REAR

 

The lot line farthest from or opposite to the front lot line.

 

5.70            LOT LINE, INTERIOR

 

A lot line other than a front or rear lot line.

 

5.71            LOT LINE, THROUGH

 

A lot bounded on opposite sides by streets.

 

5.72            MANUFACTURING, PROCESSING, ASSEMBLY AND/OR

FABRICATING PLANT

 

Shall mean a building used for the assembly or development of a product.

 

 

 

 

5.73            MARINA

 

An establishment or premises, containing docking facilities, where boats or boat accessories are berthed, stored, serviced, repaired or kept for sale or rent and where facilities for the sale of marine fuels and lubricants may be provided.

 

5.74            MARINE FACILITY

 

An accessory structure which is used to take a boat into or out of a navigable waterway, or to moor a boat.  This definition includes a launching ramp, boat lift, or dock but does not include any building or any boat servicing, repair, or sales facility.

 

5.75            MOBILE HOME

 

Any dwelling that is designed to be mobile, and constructed or manufactured to provide a permanent residence for one or more persons certified in accordance with C.S.A. Standard Z240, but does not include a travel trailer or tent trailer or trailer otherwise designed.

 

5.76            MOTEL

 

A structure containing a series of living or sleeping units with individual interior sanitary conveniences, including motor courts or tourist courts. All required parking is at grade and direct access is available from the parking area to the individual units.

 

5.77            MOTOR VEHICLE

 

An automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O. 1980, c.198, as amended.

 

5.78            MOTOR VEHICLE, COMMERCIAL

 

Any commercial motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1980, c.198, as amended.

 

5.79            MOTOR VEHICLE BODY SHOP

 

A building or structure used for the painting or repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be towing service and motor vehicle rentals for customers while the motor vehicle is under repair, but shall not include any other establishment otherwise defined or classified in this by-law.

 

5.80            MOTOR VEHICLE DEALERSHIP

 

A building or structure where a franchised dealer displays motor vehicles for sale or rent and in conjunction with which there may be used motor vehicle sales or rentals, a motor vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline bar or a motor vehicle body shop, but shall not include any other establishment otherwise defined or classified in this by-law.

 

5.81            MOTOR VEHICLE REPAIR GARAGE

 

A building or structure where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust system, repair of the electrical system, transmission repair, brake repair, radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use and in conjunction with which there may be a towing service, a motor vehicle service station and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired, but shall not include any other establishment otherwise defined or classified in this by-law.

 

5.82            MOTOR VEHICLE SERVICE STATION

 

A building or structure where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive accessories for motor vehicles and new retail goods are stored or kept for sale to the general public, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, and where mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed.  Such shall require public washrooms.

 

5.83            MUNICIPAL, PROVINCIAL WORKS GARAGE

 

Any land, building and/or structure owned by the Corporation of the Township of Machar or the Province of Ontario and used for the storage, maintenance and/or repair of material, equipment, machinery and/or motor vehicle used in connection with civic works.

 

5.84            NON-COMPLYING

 

A lot, building or structure on a lot that does not fulfill the requirements of the zone provisions for the zone in which the lot, building or structure is located.

 

5.85            NON-CONFORMING

 

An existing use or activity of any land, building or structure which does not conform with the permitted uses, or activities of this By-law for the Zone in which such existing land, building or structure is located, so long as it continues to be used or enjoyed for that purpose.

 

5.86            NURSERY OR GREENHOUSE, COMMERCIAL

 

A building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public.

 

5.87            NURSING HOME

 

Any premises maintained and operated for persons requiring nursing care, and which is licensed under The Nursing Homes Act, R.S.O., 1980, c.302, as amended.

 

5.88            OPEN STORAGE

 

Any accessory storage outside of a principal or main building or structure on the lot.

 

5.89            PARK, PRIVATE RECREATION

 

An open space or recreational area, other than a public park, operated on a commercial and/or private member basis, and which includes one or more of the following facilities or activities:

 

a)    Areas for walking, riding and cross-country skiing but does not include the racing of animals, motor vehicles, motor cycles or snowmobiles;

 

b)    Swimming and wading areas;

 

c)       Accessory recreational or playground areas such as picnic areas, tennis                                         courts, lawnbowling greens, outdoor skating rinks, athletic fields,                                                       swimming pools and similar uses;

 

d)       Buildings and structures accessory to the foregoing including a

                                refreshment booth or pavilion, and administrative offices; and,

 

                e)             An accessory club house; and

 

f)                    Parking lots accessory to the foregoing.

 

5.90            PARK, PUBLIC

 

Any open space or recreational area, owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario and may include therein neighbourhood, community, and special parks or areas and may include one or more athletic fields, field houses, fair grounds or similar uses.

 

5.91            PARKING AREA

 

An area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of parking motor vehicles.

 

5.92            PARKING LOT

 

A parking area forming the principal use of a lot.

 

5.93            PARKING SPACE

 

An area having a minimum width of 3 metres and a minimum area of 18.5 square metres, exclusive of any aisles, ingress or egress lanes, for the parking or storage of motor vehicles.

 

5.94            PERSON

 

Any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executor or other legal representatives of a person to whom the contest can apply according to law.

 

5.95            PIT

 

A place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral 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.

 

5.96            PLACES OF WORSHIP

 

Churches, chapels, temples, parish halls and synagogues including offices for the administration of the religious institution, convents, seminaries, monasteries, rectories, parsonages and parish houses.

 

5.97            PLANTING STRIP

 

An open unobstructed space free of buildings or structures which is used for the growing and maintenance of grass, flowers, shrubs or other landscaping.

 

 

5.98            PORTABLE PROCESSING PLANT

 

Any equipment for the crushing, screening or washing of sand and gravel aggregate materials, but not including a concrete batching plant or an asphalt plant, which equipment is capable of being readily drawn or readily propelled by a motor vehicle and which equipment is not considered permanently affixed to the site.

 

5.99            PRINCIPAL OR MAIN BUILDING

 

Any building which is carried on the principal purpose for which the building lot is used and shall include a barn or silo used in conjunction with a farm.

 

5.100         PRIVATE CLUB

 

A non-profit, non-commercial organization, which carries on social, cultural, athletic and/or recreational activities.

 

5.101         PRIVATE ROAD

 

A private right-of-way over private property which affords access to abutting lots.

 

5.102         PROVINCIAL HIGHWAY

 

A street under the jurisdiction of the Ministry of Transportation and Communications.

 

5.103         PUBLIC AUTHORITY

 

Any Federal, Provincial, County or Municipal agencies, and includes any commission, board, authority or department established by such agency and shall include Ontario Hydro, and Bell Canada.

 

5.104         QUARRY

 

A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine.

 

5.105         RESORT

 

A tourist establishment that operates throughout all or part of the year and that has facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or recreational purposes and may include a Liquor Licensed Premises.

 

5.106         RESOURCE MANAGEMENT

 

The preservation, protection and improvement of the components of the natural environment through a comprehensive management and maintenance programme administered by a public authority for individual or public use.

 

5.107         RESTAURANT

 

A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption.

 

 

 

5.108         RETAIL STORE

 

A building where goods, wares, merchandise, substances or articles, are offered or kept for sale at retail or rental and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, or articles sufficient only to service such stores but does not include any retail outlet otherwise classified or defined in this By-law.

 

5.109         RIDING SCHOOL OR BOARDING STABLE

 

An area of land which is used as an educational centre for horse training, handling, care, or for the lodging of horses.

 

5.110         SALVAGE OR WRECKING YARD

 

A place where motor vehicles and parts are wrecked, disassembled, repaired and resold; a place where second-hand goods, including waste paper, bottles, automobile tires, clothing, other scrap materials and salvage are collected to be sorted and a place where used lumber and used building materials are stored for sale or resale.

 

5.111         SCHOOL

 

A public school, a separate school, a university, a community college or a private school authorized by the Province of Ontario.

 

5.112         SERVICE SHOP

 

A building or part of a building, not otherwise defined or classified in this By-law, for the servicing or repairing of articles, goods or materials, as well as facilities for accessory retail sales.

 

5.113         SERVICE SHOP, PERSONAL

 

A building, or part of a building, in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, such as a barber’s shop, a ladies hairdressing establishment and a shoe repair shop.

 

5.114         SETBACK

 

The horizontal distance from the centre line of the street right-of-way, measured at right angles to such centre line, or in the case of a lot having frontage on a navigable waterway take the horizontal distance from the high water mark to the nearest part of any building or structure or excavation on the lot.

 

5.115         STREET

 

A highway as defined under The Highway Traffic Act, (R.S. 1980), or the Municipal Act or a road which has been assumed and is maintained by the Corporation of the Township of Machar.

 

5.116         STREET LINE

 

The limit of the street or road allowance and is the dividing line between a lot and street or road.

 

5.117         STRUCTURE

 

Anything man-made that is fastened to or into the earth or another structure or rests on the earth by its own mass or is attached to a building including a septic system, holding tanks and heat pumps.

 

5.118         SUMMER CAMP

 

A camp which is privately owned and operated, or a camp which is operated by a charitable corporation approved under The Charitable Institutions Act, R.S.O., 1980, c.64, as amended, or a camp within the meaning of the regulations made under The Public Health Act, R.S.O., 1980, c.409, as amended.

 

5.119         TENT

 

Any kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved and is not considered a structure.

 

5.120         TOURIST ESTABLISHMENT

 

Any premises operated to provide sleeping accommodation for the travelling public or sleeping accommodation for the use of the public engaging in recreational activities, and includes the services and facilities in connection with which sleeping accommodation is provided including a resort and a cottage establishment but does not include:

 

a)    A camp operated by a charitable corporation approved under The Charitable Institutions Act, R.S.O.,1980, c.64, as amended;

 

b)    A summer camp within the meaning of the regulations made under The Health Protection and Promotion Act, S.O., 1983, as amended; or

 

b)       A club owned by its own members and operated without profit or gain.

 

5.121      TOWNSHIP

 

                The Corporation of the Township of Machar.

 

5.122      TRAILER

 

A vehicle that is at any time drawn upon a highway by a motor vehicle and, for the purposes of this By-law does not include a mobile home.

 

5.123         TRAILER, TRAVEL OR TENT

 

Any trailer which is designed to be temporarily utilized for living, shelter and sleeping accommodation, with or without cooking facilities and which has running gear and towing equipment that is permanently attached and has a current licence and is not permanently affixed to the ground.

 

5.124         TRUCK CAMPER

 

Any unit so constructed that it may be attached upon a motor vehicle, as a separate unit, and capable of being temporarily utilized for the living, sleeping or eating accommodation of persons.

 

5.125         USE

 

a)             Any purpose for which a building or other structure or a parcel of land   may be designed, arranged, intended, maintained, or occupied; or,

 

b)            Any activity, occupation, business or operation carried on, or intended  to be carried on, in a building or other structure or on a parcel of land.

 

5.126         VEHICLE

 

A motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or the cars of electric or steam railways running only upon rails.

 

5.127         VETERINARY HOSPITAL

 

The premises of a veterinary surgeon where animals are treated or kept.

 

5.128         WAREHOUSE

 

A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include a truck or transport terminal or yard.

 

5.129         WASTE DISPOSAL AREA

 

A place where garbage, refuse, domestic or industrial waste, exclusive of liquid industrial waste, is disposed of or dumped.

 

5.130         WATERCOURSE

 

A waterbody or the natural channel for a perennial or intermittent stream of water including a river or stream.

 

5.131         WAYSIDE PIT OR QUARRY

 

A temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way.

 

5.132         WORKSHOP

 

A building or structure where manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a carpenter’s shop, a locksmith’s shop, a gunsmith’s shop, a tinsmith’s shop, a commercial welder’s shop, or similar uses.

 

5.133         YARD

 

Any open unoccupied space appurtenant to a building measured from the closest supporting structure of the building to the lot line.

 

5.134         YARD, EXTERIOR SIDE

 

A yard extending from the front yard to the rear yard between the exterior side lot line and the nearest wall of any building on the lot for which the yard is required.

 

5.135         YARD, FRONT

 

A yard extending across the full width of the lot between the front lot line and the nearest wall of any building or structure on the lot for which the yard is required.

 

5.136         YARD, REAR

 

A yard extending across the full width of the lot between the rear lot line and the nearest wall of any building on the lot for which the yard is required.

 

5.137         YARD, REQUIRED

 

The minimum yard required by the provisions of the By-law.

 

5.138         YARD, INTERIOR SIDE

 

A yard extending from the front yard to the rear yard between the interior side lot line and the nearest wall of any building on the lot for which the yard is required.

 

5.139      ZONE

 

                The category of use or activity of land, buildings, structures or activities permitted this By-law.

 

5.140     ZONE PROVISIONS

 

The permissible uses, the minimum area and dimensions of lots, the minimum dimensions of yards, the maximum lot coverage, the minimum setback, gross floor area, the minimum landscaped open space, the maximum height of buildings, minimum parking requirements, and all other Zone provisions are set out within the By-law for the respective Zones.