Zoning By-law 2010-050

Note: By-law 2010-050 has been amended by the following by-laws.

Table of Contents

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How to Use this By-law

INTRODUCTION

This section does not form part of the Zoning By-law passed by the Council of the Town of Bradford West Gwillimbury and is intended only to make the Zoning By-law more understandable.   

PURPOSE OF THIS ZONING BY-LAW

The purpose of this Zoning By-law is to implement the policies of the Town of Bradford West Gwillimbury Official Plan.  The Official Plan contains general policies that affect the use of land throughout the Municipality, specifying where certain land uses are permitted and, in some instances, what regulations should apply to the development of certain lands.  

The Official Plan is a general document that is not intended to regulate every aspect of the built form on a private lot.  In the Province of Ontario, this is the role of the Zoning By-law.  Once an Official Plan is in effect, any Zoning By-law passed by Council must conform to the Official Plan.  For example, if the Official Plan stated that lands in the vicinity of a significant natural feature are to remain in their natural state, the Zoning By-law would prohibit the erection of buildings or structures on those lands. 

The statutory authority to zone land is granted by the Planning Act, R.S.O 1990, c. P.13 as amended.  A Zoning By-law can:  

• prohibit the use of land or buildings for any use that is not specifically permitted by the By-law;
• prohibit the erection or siting of buildings and structures on a lot except in locations permitted by the By-law; 
• regulate the type of construction and the height, bulk, location, size, floor area, spacing, and use of buildings or structures;
• regulate the minimum frontage and depth of a parcel of land;
• regulate the proportion of a lot that any building or structure may occupy;
• regulate the minimum elevation of doors, windows or other openings in buildings or structures;

• require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and,
• prohibit the use of lands and the erection of  buildings or structures on land that is:  
  • subject to flooding; o the site of steep slopes; o rocky, low-lying, marshy or unstable;
  • contaminated;
  • a sensitive groundwater recharge area or head water area; o the location of a sensitive aquifer;
  • a significant wildlife habitat area, wetland, woodland, ravine, valley or area of natural and scientific interest;
  • a significant corridor or shoreline of a lake, river or stream; or, o the site of a significant archaeological resource.

HOW TO USE THIS BY-LAW

To determine what permissions apply to a particular property, the following steps are necessary.

1. Locate the Property on a Map

Refer to the Zoning Schedules included as part of this document to determine the zone or zones which affect the property.  By referring to the Key Map, you can determine which specific Zoning Schedule shows the property.  The zone category will be indicated on the schedules by a symbol or abbreviation - “R11”, “C1” or “I”.  The symbol may also be followed by an asterisk and a number, and/or a set of brackets with a number or symbol and number - “R1-1*27” or “C1(H2)” - which means that there are site–specific, Holding, Temporary Use, or Interim Control provisions additionally affecting that particular property.  

2. Determine the Permitted Uses 

Permitted uses and zone requirements for each zone in the Municipality are set out in Parts 6 to 10 of the By-law.  If a term used is unclear, the definitions in Part 3 of the By-law provide clarification.  The Planning Act requires that Zoning By-laws prohibit all uses except as may be specifically permitted.

Uses that are not identified as permitted uses within a particular zone are not permitted in that zone.  For clarity, uses listed in Section 2.9 of this By-law are prohibited throughout the Town.

3. Determine the Standards

The next step is to determine what standards or regulations may apply to the uses on the property.  These standards and regulations are also set out in Parts 6 to 10 of the text of the Zoning By-law.  These include standards for minimum lot area, minimum frontage requirements, minimum yard requirements, maximum lot coverage for buildings, maximum permitted height of buildings and in some cases, the minimum required landscaped open space on the lot.  For site specific zone provisions, the “Exceptions” part of the By-law should be consulted.

4. Review the General Provisions

Part 4 of the By-law contains a more general set of standards known as 'General Provisions' that apply to all properties in all zones throughout the Town of Bradford West Gwillimbury.  For example, the general provisions contain standards that regulate the location of accessory structures on a lot, height exceptions, and non-conforming or non-complying uses that apply to all properties throughout the Town.

5. Assess the Parking and Loading Restrictions

Part 5 provides the parking and loading restrictions for all uses permitted in the Town.  If a change of use or a new use is being contemplated for a property then parking requirements for the proposed use should be assessed. 

6. Review Exceptions, Holding Zones and Temporary Uses

By-laws are not static documents and lands may be subject to a zone exception, a holding zone, or a temporary use.  These are identified in Parts 12 to 14 inclusive.

7. Check Recent Zoning By-law Amendments and Minor Variances

A Zoning By-law is amended over time as demands and policies governing land use change.  Further, any property owner can apply for a Minor Variance to the standards of the Zoning By-law, which is not shown in the By-law (rather, the Town keeps notice of the Variance within its property files) and remains valid for the property in perpetuity.  While the Town strives to keep this By-law upto-date, more recent amendments and previous planning matters relating to your property may not be included in the version of the By-law you are using.  Staff in Bradford West Gwillimbury’s Planning Department will be able to assist you to confirm if your property has been subject to a recent By-law amendment or Minor Variance.  

8. Legal Non-Conforming and Legal Non-Complying Uses 

A legal non-conforming use is a use of land and/or building that legally existed on the date this Zoning By-law 2010-050 comes into effect under the Planning Act.  To be legal, the use must have been permitted on the lands in accordance with the previous Zoning By-laws for the Municipality.  

Part 1 - Interpretation and Administration

1.1 TITLE AND DEFINED AREA

This By-law shall be known as the “Town of Bradford West Gwillimbury Zoning By-law” and applies to all lands within the corporate boundaries of the Town of Bradford West Gwillimbury, as shown on Schedules ‘A’, ‘B’ and ‘C’ of this Bylaw.

1.2 CONFORMITY AND COMPLIANCE WITH BY-LAW

No lands shall be used and no building or structure shall be erected, altered, enlarged or used within the Town except in conformity with the provisions of this By-law. 

Any use not specifically permitted by this By-law shall not be permitted in the Town.

1.3 BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND MUNICIPAL LICENSES 

The requirements of this By-law must be met before any municipal license or certificate of occupancy is approved or any building permit is issued for the erection, addition to or alteration of any building or structure.  Without limiting the generality of the foregoing, this shall include those matters defined as applicable law under Section 1.4.1.3 of Ontario Regulation 350/06 (Ontario Building Code).

1.4 OBLIGATION

Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other By-law of the Town or the Ontario Building Code (or regulations thereunder) or any other requirement of the County of Simcoe, the Province of Ontario or the Government of Canada that may affect the use of lands, buildings or structures in the Town.

In particular, flood prone lands, unstable slopes, natural areas, and their associated lands are regulated by the Lake Simcoe Region Conservation Authority and Nottawasaga Valley Conservation Authority in accordance with the Conservation Authorities Act. Notwithstanding that development may be permitted as set out in this by-law, permits may be required from a conservation authority prior to the Town accepting building permit applications for lands within regulated areas.  Such areas include the entirety of the Holland Marsh.

1.5 INSPECTION OF PREMISES

The Director of Planning and Development, or any officer designated by Council to enforce the provisions of the Zoning By-law shall have the powers authorized by Section 49 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

1.6 ENFORCEMENT

Any person or corporation convicted of a violation of this By-law is liable to the penalties established in Section 67 of the Planning Act, R.S.O. 1990, c. P.13, as amended.  

1.7 VALIDITY 

If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-law to be invalid, if it be found to be of no-force and effect, it is the intention of Council that each and every other provision of this By-law be applied and in force in accordance with its terms to the extent possible according to law.

1.8 EFFECTIVE DATE

This By-law shall take effect and shall come into force in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, s. 34, as amended.

1.9 REPEAL OF FORMER BY-LAWS

Subject to sections 1.8 and 15.1 herein, By-law 2263 of the former Town of Bradford, By-laws 1134 and 79B25 as they apply to lands subject to this By-law of the former Township of West Gwillimbury, and By-law 81-37 of the former Township of Tecumseth as it applies within the Town, and all amendments thereto, are hereby repealed with the exception of those lands that have been deferred by section 1.13 herein.

1.10 MINOR VARIANCES TO FORMER BY-LAWS, AS AMENDED

Where the Committee of Adjustment of the Town of Bradford West Gwillimbury or the Ontario Municipal Board has authorized a minor variance from the provisions of By-law 2263 of the former Town of Bradford, By-laws 1134 and 79B25 (as it applies to lands subject to this By-law), of the former Township of West Gwillimbury, By-law 81-37 of the former Township of Tecumseth as it applies within the Town, in respect of any land, building or structure and the decision of the Committee of Adjustment of the Town of Bradford West Gwillimbury or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance.

1.11 SITE PLAN AGREEMENTS

 Where a Site Plan Agreement has been entered into prior to the effective date of this by-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such Site Plan Agreement.

1.12 EXPANSIONS TO LEGAL NON-CONFORMING USES 

Where the Committee of Adjustment of the Town of Bradford West Gwillimbury or the Ontario Municipal Board has authorized the expansion of a legal nonconforming use, building or structure in accordance with Section 45 (2) a) i) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and the decision of the Committee of Adjustment of the Town of Bradford West Gwillimbury or the Ontario Municipal Board authorizing such expansion has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure shall be deemed to be modified to the extent necessary to give effect to such a decision. 

1.13 OUTSTANDING DEFERRALS

For the purposes of this By-law, a number of distinct Deferral Provisions have been applied as set out in Table 1.1.

In Table 1.1:

• Column 1 sets out the number of each Deferral “D” provision which corresponds to an area of the Town identified on the Zoning Schedules by the same number;
• Column 2 identifies the Schedule on which to locate each Deferral;
• Column 3 provides a description and explanation of each Deferral.

TABLE 1.1:  DEFERRALS TO THE BY-LAW

Part 2 - Establishment of Zones

2.1 ZONES

The Provisions of this By-law apply to all lands within the limits of the Town of Bradford West Gwillimbury. All lands in the Town are zoned in one or more of the following categories:

2.2 ZONE SYMBOLS

The Zone symbols may be used in this By-law and on the Schedules to this Bylaw to refer to lots, buildings and structures and other parcels of land and to the use of lots, buildings and structures and other parcels of land permitted by this By-law.

2.3 ZONE SCHEDULES

The Zones and Zone boundaries are shown on Schedules ‘A’, ‘B’ and ‘C’ to this By-law.  The Zone Schedules form part of this By-law.

2.4 DETERMINING ZONE BOUNDARIES

When determining the boundary of any Zone shown on any Schedule forming part of this By-law, the following provisions shall apply:

     a) A boundary indicated as following a highway, street, lane, railway right-of-way, utility corridor or
     watercourse shall be the centre-line of such highway, street, lane, railway right-of-way, utility corridor or
     watercourse; 

     b) A boundary indicated as substantially following lot lines shown on a Registered Plan of Subdivision, or
     the municipal boundaries of the Town of Bradford West Gwillimbury shall follow such lot lines;

     c) Where a boundary is indicated as running substantially parallel to a street line and the distance from the
     street line is not indicated, the boundary shall be deemed to be parallel to such a street line and the
     distance from the street line shall be determined according to the scale shown on the Schedule(s);

     d) Where a lot falls into two or more zones, each portion of the lot shall be used in accordance with the
     provisions of this By-law for the applicable zone; 

     e) A boundary indicated as following a lot line abutting an unopened road allowance shall follow the centre
     line of such road allowance;

     f) A zone boundary indicated as following a shoreline shall follow such shoreline, and in the event of a
     change in the shoreline, the boundary shall be construed as moving with the actual shoreline; and, 

     g) Where none of the above provisions apply, the zone boundary shall be scaled from the Schedule.

     In no case is a Zone boundary dividing a lot into two or more Zone categories intended to function as a
     property boundary.

2.5 EXCEPTION ZONES 

Where a Zone symbol on the attached Schedules is followed by a number enclosed within a set of brackets, the symbol refers to a site-specific exception that applies to the lands noted.  Site-specific exceptions are listed in Part 12 of this By-law.  Unless specifically amended by the Zone Exception, all other provisions of the parent Zone apply.

2.6 HOLDING ZONES

Notwithstanding any other provision in this By-law, where a Zone symbol on the attached Schedules is followed by the letter ‘H’ and a number enclosed within a set of brackets, the symbol refers to a Holding provision that applies to the lands noted.  No person shall use or permit the land to which the Hold applies for any use other than the use which legally existed on the date the By-law applying the Holding provision came into effect, or expand or replace an existing building or structure, as the case may be until the Hold is removed in accordance with the policies of the Official Plan and the provisions of Part 13 of this By-law, as amended, and/or the requirements of any amending By-law or the Planning Act, R.S.O. 1990, c. P.13, as amended. 

Notwithstanding the above, public uses in accordance with Section 4.27 of this By-law and temporary uses identified in Section 14.1 of this By-law are permitted without the need to remove the Holding provision.

2.7 CERTAIN WORDS

For the convenience of the reader, all italicized words are defined in Part 3 of this By-law.  All words used in the present tense include the future tense, words in the singular number include the plural, words in the plural include the singular number, the word ‘used’ includes ‘arranged, designed or intended to be used’ and the word ‘shall’ is mandatory.

2.8 LAND OWNERSHIP

No representation or implication is made by the Town nor should any inference be drawn from the Schedules attached to this By-law as to the ownership of private land and/or rights of access to such land.  Ownership and access rights are legal matters that fall solely within the purview of a court of competent jurisdiction.

2.9 PROHIBITED USES

In addition to any use not shown as permitted on the Tables contained in this By-law, the following uses, activities and/or objects shall be prohibited in any Zone:

     a) The storage of polychlorinated biphenyl (PCB’s);

     b) The boiling of blood or bone;

     c) The tanning or storing of hides and skins;

     d) Obnoxious uses. 

Part 3 - Definitions

Abattoir means a slaughter house designed for the purpose of killing animals, skinning, dressing and cutting up of carcass, wrapping for sale for human consumption with cooler and freezer storage and includes indoor confinement of animals while awaiting slaughter but shall not include any cooking or process related to processing plants such as smoking, curing or the manufacturing of meat by-products or any process related to rendering plants such as the manufacture of tallow, grease, glue, fertilizer or any other inedible product.

Accessory means a use, building or structure located on the same lot as the principal building or use, the use of which is incidental or secondary to that of the main building or use, and is not used for human habitation.

Accessory Farm Employee Accommodation means buildings or structures on a commercial farm that are designed to be used for the accommodation of employees of the commercial farm on a temporary or permanent basis.

Accessory Waste Storage Facility means a building or structure designed for the temporary storage of waste, recyclables and organic materials generated by a use of land on the same lot and to be taken off-site for processing.

Adult Entertainment Establishment means a premises in which, in pursuance of a trade, calling, business or occupation, services or entertainment appealing to, or designed to appeal to, erotic or sexual appetites or inclinations is provided.

Adult Entertainment Use means a use that includes an adult entertainment establishment, adult video store, adult novelty store, body rub establishment, whether such use is a primary or accessory use.

Adult Novelty Store means a premises specializing in the sale of materials and products, such as clothing and accessories, appealing to, or designed to appeal to, erotic or sexual appetites or inclinations. An adult novelty store may, as an accessory use, sell or rent pre-recorded video tapes, video discs, films and or slides appealing to, or designed to appeal to erotic or sexual appetites or inclinations, provided that no greater than 10% of the gross floor area of the premises is used for such sale or rentals.

Adult Video Store means a premises where any combination of pre-recorded video tapes, video discs, films or slides appealing to, or designed to appeal to, erotic or sexual appetites or inclinations, or depicting sexual acts, are offered for rent or sale, and to which premises entry by persons under the age of 18 years is prohibited. An adult video store shall not include facilities for the screening or viewing of such products.

Aggregate means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other prescribed materials under the Aggregate Resources Act, R.S.O. 1990, c.A.8, as amended.

Aggregate Processing Facility means a facility where aggregate is taken from a raw or already processed form and further processed, with such aggregate being sourced on the same lot and/or brought from another location.

Aggregate Transfer Station means an area of land where aggregate products are temporarily stored prior to shipment and may include facilities for the administration or management of the business and the storage of required equipment, but does not include the retail sale of aggregate products.

Agricultural Cannabis Cultivation Facility means the growing and harvesting of cannabis within a wholly enclosed building or structure and/or in an open-air setting for recreational or medical purposes which is authorized by a license issued by the Federal Minister of Health under the Cannabis Act (Canada) and its Regulations, as amended from time to time. An Agricultural Cannabis Cultivation Facility may include a minimal amount of packaging and/or shipping as an accessory use which is necessary to make the product available to Federal Cannabis license holders including but not limited to cultivators, processors, wholesalers, retailers, analytical testers, researchers, and nurseries in accordance with all applicable federal licenses, but shall not include a Cannabis Micro-Cultivation Facility. An Agricultural Cannabis Facility does not include growth, production and processing of four (4) or less cannabis plants on a lot for personal use and does not include the retailing of cannabis or cannabis products under a retail operator license issued under the Cannabis License Act, 2018.

Agricultural Cannabis Micro-Cultivation Facility means any land and/or building used for the growing and harvesting of cannabis with a maximum plant surface area of 200m² (2,153 square feet), which is authorized by a license issued by the Federal Minister of Health, pursuant to the Cannabis Act (Canada) as amended from time to time, or any successor thereto. A Cannabis Micro-Cultivation Facility includes a Cannabis Nursery as defined in the Cannabis Act (Canada) and may include a minimal amount of packaging and/or shipping as an accessory use which is necessary to make the product available to Federal Cannabis license holders including but not limited to cultivators, processors, wholesalers, retailers, analytical testers, researchers, and nurseries in accordance with all applicable federal licenses, but shall not include an Agricultural Cannabis Cultivation Facility. A Cannabis Micro-Cultivation Facility does not include growth, production and processing of four (4) or less cannabis plants on a lot for personal use and does not include the retailing of cannabis or cannabis products under a retail operator license issued under the Cannabis License Act, 2018.

Agricultural Support Use means premises used for storing, blending and distributing of agricultural support products such as fertilizers, seed and agricultural chemicals

Agricultural Use means the growing of crops, including nursery 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 but does not include an Agricultural Cannabis Cultivation Facility or an Agricultural Cannabis Micro-Cultivation Facility.

Air Conditioner means equipment designed to cool the interior of buildings or structures and which are normally located outside and/or on a roof of such buildings or structures.

Airport means the use of land, or building or structure for facilitating the arrival, departure, movement or servicing of aircraft and their passengers and freight and without limiting the generality of the foregoing, accessory uses may include ticket sales offices, general offices, aircraft hangars, aircraft museums, flying schools, dormitories accessory to a flying school, restaurants, retail stores, luggage checking facilities and parcel and freight shipping facilities.

Aisle means an area of land used by motor vehicles to access parking spaces.

Alter means any modification to the structural component of a building that results in a change of use, or any change in the height, bulk or floor area of a building or structure.

Amenity Area means a common interior area within a residential building or a common outdoor area exterior to the residential building or complex that is designed and intended primarily for the leisure and recreation of the occupants of the dwelling units or complex.

Animal Clinic – Large Animal means a premises where office uses, including accessory pharmacy, laboratory, surgery, and recovery are provided for one or more mobile, licensed veterinarian(s) providing care to food producing animals or horses, but shall not include any facilities for the cremation or disposal of dead animals.

Animal Clinic - Small Animal means a premises where one or more licensed veterinarian(s) and any associated staff provide medical, surgical or similar services solely for domestic pets. This definition may include overnight recovery areas and grooming activities but shall not include a kennel or any facilities for the cremation or disposal of dead animals.

Animal Shelter means a premises where abandoned, lost or rescued animals are sheltered or boarded for the purposes of adoption or claiming.

Appealing to, Or Designed to Appeal to, Erotic or Sexual Appetites or Inclinations, when Used to Describe Services or Entertainment, includes:

     a) Services or Entertainment of which a principal feature or characteristic is the nudity or partial nudity of
     any person; and

     b) Services or Entertainment in respect of which the word "nude", "naked", "topless", "bottomless", "sexy",
     or any other word, picture, symbol or representation having like meaning or implication is used in any
     advertisement.

Arena means a building containing an ice surface used for skating related activities and/or trade shows, other recreational activities not requiring an ice surface and other events or gatherings, such as weddings, banquets and conferences.

Art Gallery means a premises used for any combination of the preservation, exhibition, or sale of paintings or other works of art devoted primarily to the recreation and/or education of the public.

Asphalt Plant means a premises where asphalt or asphalt products used in building or construction are produced, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt products.

Auctioneer’s Establishment means a premises used for the sale of items in which the price is determined through bidding and may include, as an accessory use, an outdoor display and sales area.

Balcony means an outdoor living area on a partially enclosed platform attached to or extended horizontally from one or more main walls of a building and which is not accessed from the exterior.

Banquet Hall means a premises used for the purpose of catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served.

Barrier-Free means that which can be approached, entered and used by persons with physical or sensory disabilities.

Basement means one or more storeys of a building located below the first storey.

Bay or Bow Window means any window where the glass projects outward beyond the main wall of a building in a closed position, and may or may not include a supporting foundation.

Bed and Breakfast Establishment means a detached dwelling in which a maximum of four guest rooms are rented, and in which temporary accommodation and meals are provided, to the travelling public.  The use shall be carried out within the principal residence of the proprietor of the establishment.

Billiard Hall means a premises where the game of billiards is played for commercial purposes.

Bingo Hall means a premises operated by a licensee, an association of licensees or a person for the purposes of playing the game of bingo and may include, as an accessory use, a restaurant.

Boarding or Rooming House means a detached dwelling in which lodging is provided for more than 4 but not more than 7 persons in return for remuneration or for the provisions of services or for both, and in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants.

Boathouse means a detached accessory building or structure which is designed or used for the sheltering of watercraft and watercraft-related equipment but does not include open walkways or uncovered docking facilities.

Body Rub Establishment means a premises where the kneading, manipulating, rubbing, massaging, touching or stimulating, by any means, of a person's body or part thereof is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but shall not include any premises where body rubs are performed for the purpose of medical or therapeutic treatment, or for the purpose of alternative health care services such as shiatsu and reflexology, and are performed by persons duly qualified, licensed or registered to do so under the laws of the Province of Ontario.

Bowling Alley means a premises where the game of bowling is played for commercial purposes.

Building means a structure occupying an area greater than 10.0 square metres consisting of any combination of a wall, roof and floor, or a structural system serving the function thereof, including all associated works, fixtures and service systems appurtenant thereto.

Building, Apartment means a building containing two or more dwelling units that share a common external access to the outside through a common vestibule and a common corridor system.

Building, Main means a building that functions as the building in which the principal use of the lot is carried out.

Building, Townhouse means a building that is vertically divided, and is additionally horizontally divided in the case of a Stacked Townhouse Dwelling, into a minimum of 3 and a maximum of 8 dwelling units, each of which has independent entrances at grade to the front and rear of the building, and each of which shares a common wall. 

Building Supply Centre means premises in which building or construction materials and home improvement materials are offered for retail sale.

Business Office means premises used for conducting the affairs of businesses, professions, services, industries, governments, non-profit organizations or like activities, are conducted, in which the chief product of labour is the processing and storage of information rather than the production and distribution of goods. 

Campground means a property occupied by at least five camping sites for the overnight and/or temporary camping or parking of travel trailers, truck campers, or tents for recreational or vacation use and designed for seasonal occupancy only.

Cannabis means Cannabis as defined in subsection 2(1) of the Cannabis Act, (Canada).

Carport means an accessory building either attached or detached from the main building and has at least 40% of the perimeter open and unobstructed by any wall, door, post or pier and which is used for the parking of vehicles.

Catering Business means a premises used for the purpose of preparing and providing food and beverages to be consumed at a wedding, reception or similar function that is occurring at a different premises.

Cellar means that portion of a building below the first storey that is partly or wholly underground and which has more than half its height from finished floor to finished ceiling below the average finished grade level adjacent to the exterior walls of the building.

Cemetery means land set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other structure intended for the interment of human remains.

Centre Line means with reference to a public street, a line drawn parallel to and equidistant from the limits of the right-of-way for a public street and with reference to a private street, a line drawn parallel to and equidistant from the edges of the paved surface of the private street.

Communication Dish means a device that is utilized to receive and/or transmit telecommunications radio or television or other data signals. 

Community Centre means a building or structure operated by or in coordination with a public authority which is used for community activities and other activities such as recreational uses, trade shows, weddings and banquets.

Concrete Batching Plant means a premises where concrete or concrete products used in building or construction are produced, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished concrete products.

Conference Centre means a building used for the holding of conferences, conventions, seminars, workshops or similar activities, including dining and lodging facilities. 

Conservation Use means an area of land that is generally left in its natural state and which is used for any combination of preservation, protection, or improvement of components of the natural heritage system of other lands for the benefit of man and the natural environment and which may include, as an accessory use, constructed and managed by a public authority, hiking trails and cross country ski trails, buildings and structures such as nature interpretation centres and public information centres.

Contractor’s Yard means an area of land used for the storing of equipment and materials used in the construction and/or restoration industries and may include a premises where a contractor performs shop or assembly work, but does not include an industrial use, landscaping operation or warehouse.  

Corporation means The Corporation of the Town of Bradford West Gwillimbury.

Correctional Facility means an institution that is licensed or funded under an Act of the Parliament of Canada or the Province of Ontario for the accommodation of persons incarcerated under supervision by reason of their legal status.

Council means the Municipal Council of The Corporation of the Town of Bradford West Gwillimbury.

County means the Corporation of the County of Simcoe.

Crematorium means an establishment devoted to the cremation of corpses.

Crisis Care Facility means emergency shelters or facilities that accommodate not less than three and not more than ten residents, and provide temporary lodging, board, and personal support services to individuals in crisis in a 24-hour supervised setting, for up to 30 days.

Cross Country Skiing Facility means an area of land with trails used by skiers and which may include, as accessory uses, a restaurant, a clubhouse, a retail store selling ski equipment and accessories, a fitness centre, a dwelling unit for an owner/caretaker, and other buildings or structures devoted to the maintenance, administration and operation of the cross country ski facility.

Curling Rink means a premises where the game of curling is played and may include, as an accessory use, a private club.

Custom Workshop means a building or part of a building used by a trade, craft or guild for the manufacture in small quantities of made-to-measure clothes, custom foods or articles and shall include upholstering, repair, refinishing of antiques and other art objects, but shall not include metal spinning, woodworking or furniture manufacturing, or refinishing of automobiles, home industry, industrial use otherwise classified or defined in this By-law.

Dating/Escort Services means a premises where the social needs of those looking for companionship are organized, and which may include meeting rooms and/or dispatch services and/or the storage and parking of motor vehicles used by the business.

Day Nursery means a premises that provides temporary care, or guidance, or both temporary care and guidance for children in accordance with the Day Nurseries Act R.S.O. 1990, c.D.2, as amended.

Deck means an uncovered and unenclosed structure that is accessory to a residential use and used as an outdoor living area, with a foundation holding it erect and a floor which is above finished grade and shall not include a landing or a stair.

Dock means a structure built on, at, or connected to lands used for the temporary and/or seasonal mooring of personal boats, considered accessory to a permitted use on the subject lands.

Drive-through Service Facility means a building or structure where goods or services are offered to the public within a parked or stationary vehicle by way of a service window, but shall not include a motor vehicle repair establishment or motor vehicle washing establishment. 

Driveway means a defined area providing access for motor vehicles from a public or private street or a lane to facilities such as a parking area, parking lot, loading space, private garage, carport, building or structure.

Dry Cleaning Depot means a premises used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering elsewhere in another premises.

Dry Cleaning Establishment means a premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing and finishing of such goods is conducted.

Dwelling or Dwelling Unit means a room or suite of rooms designed or intended for use by one or more persons living together as one housekeeping unit and containing cooking, eating, living, sleeping and sanitary facilities.

Dwelling, Accessory means an accessory dwelling unit that is located within a single detached or semi-detached dwelling unit, or in a non-residential building.

Dwelling, Apartment means a dwelling unit in an apartment building.

Dwelling, Detached means a separate, residential building containing only one dwelling unit.

Dwelling, Duplex means a dwelling unit in a two storey building that is divided horizontally into two dwelling units, each of which has an independent entrance either directly to the outside or through a common vestibule.

Dwelling, Linked means a building divided vertically into two separate dwelling units above ground, with the foundation for each dwelling unit being connected by a common foundation wall or other wall below grade to the foundation for the other dwelling unit and with each dwelling unit having an independent entrance from outside the building.

Dwelling, Multiple Unit means a residential building that is not a townhouse building or an apartment building that contains 3 or more dwelling units, up to a maximum of 6 dwelling units.

Dwelling, Semi-Detached means a dwelling unit in a building containing two dwelling units each of which has an independent entrance, either directly from outside or through a common vestibule.  A wall that has a minimum height of 2.4 metres above grade and which has a minimum depth of 6.0 metres is required to separate the pair of dwelling units within the same building.

Dwelling, Townhouse (Block) means a dwelling unit in a townhouse building, with each unit having direct access to a private street or road within a Plan of Condominium.

Dwelling, Townhouse (Stacked) means a dwelling unit in a townhouse building in which one dwelling unit is located above another unit with no common, enclosed corridor system.

Dwelling, Townhouse (Street) means a dwelling unit in a townhouse building, with each unit having direct access to a public street.

Easement means an instrument that is registered on title which provides for the use of land subject to the easement for sewer, water, drainage, access, or utility purposes, and which may include a right-of-way in favour of a public authority.

Emergency Service Facility means a building that houses emergency personnel, their supplies, equipment and vehicles and may include an ambulance response facility, fire station or police station.

Equestrian Centre means an area of land where horses are boarded and taken out to be ridden by their owners, or rented to others and where riding lessons may be given.

Equipment Sales and Rental Establishment means a premises where machinery and equipment are offered or kept for rent, lease or hire under agreement for compensation.

Erect means to build, construct, reconstruct, alter, relocate or, without limiting the generality of the foregoing, shall include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, demolition, enlargement or extension.

Farm Implement Dealer means a premises where farm equipment is repaired, serviced, sold or stored.

Farm Related Tourism Establishment means a commercial farm that provides, as an accessory use, educational and active opportunities to experience the agricultural way of life in the Town.  Such activities may include farm machinery and equipment exhibitions, farm-tours, petting zoos, hay rides, sleigh rides, processing demonstrations, pick your own produce, small scale farm theme playground for children and small-scale educational establishments that focus on farming instruction.  Overnight camping, amusement parks and recreational uses are not permitted.

Financial Institution means a premises in which financial services are offered to the public and includes a bank, credit union, trust company, savings office, cheque cashing company, or any other retail banking operation.

Fitness Centre means a premises in which facilities are provided for recreational or athletic activities such as body-building, gymnastics, martial arts and exercise classes and may include associated facilities such as a sauna, a swimming pool, a solarium, a cafeteria and accessory retail store.

Floor Area means the total area of all floors in a building, measured between the exterior faces of the exterior walls of the building at each floor level or, when referring to a premises, or, to the centre line of a party wall between two premises in the same building.

Floor Area, Gross means the aggregate of the areas of each floor of a building or structure above or below finished grade, measured between the exterior faces of the exterior walls of the building or structure or, when referring to a premises, or, to the centre line of a party wall between two premises in the same building, excluding the sum of the areas of each floor used, or designed or intended for use for the parking of motor vehicles, unless the parking of motor vehicles is the principal use of the building or structure.

Floor Area, Ground means the area of a lot occupied by a building or structure measured to the interior face of the exterior walls, excluding in the case of a dwelling any private garage, breezeway, porch or verandah.

Floor Area, Net means the aggregate of the floor areas of a building above or below finished grade, but excluding car parking areas within the building, stairways, elevator shafts, service or mechanical rooms and penthouses, washrooms, garbage or recycling rooms, staff locker and lunch rooms, loading areas, mezzanines, any space with a floor to ceiling height of less than 1.8 metres and any part of a basement that is unfinished, is used solely for storage purposes and is not accessible to the public.

Fuel Storage Facility means premises for the bulk storage of petroleum, petroleum products, chemicals, gases or similar substances.

Funeral Home means a premises used for providing funeral supplies and services to the public and includes facilities intended for the preparation of the human body for internment, but shall not include a crematorium.

Garage, Private means a fully enclosed building, designed and used for the storage of one or more motor vehicles.

Garage Door means the width of the garage door opening(s), which is used for vehicular access.  Where there is more than one opening, the garage door width shall be the distance between the two outer extremities of the garage door opening(s), including any intervening columns, doors, windows or wall sections which might separate two or more garage door opening(s). 

Garden Suite means a one-unit, detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential building on a lot and that is designed to be portable.

Golf Course means an outdoor public or private area operated for the purpose of playing golf and which may include, as accessory uses, a restaurant, a clubhouse, a retail store selling golf equipment and accessories, a fitness centre, a miniature golf course, a dwelling unit for an owner/caretaker and other buildings or structures devoted to the maintenance, administration of the golf course. 

Golf Driving Range means an indoor or outdoor public or private facility dedicated to the driving of golf balls from fixed tees and which may include, as accessory uses, a clubhouse, a retail store selling golf equipment and accessories, a dwelling unit for an owner/caretaker and other buildings and structures devoted to the maintenance, administration and operation of the golf driving range.

Grade, Finished means the average level of proposed or finished ground elevation at the outside walls of any building or structure.

Greenhouse means a building with a glass or plastic roof used for the growing of flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation for any purpose, and which may include appurtenant thereto works for the control of temperature and humidity.

Greenhouse, Commercial means a greenhouse used for the growing of flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from the lot at retail, and may include the sale of incidental seasonal merchandise as an accessory use.

Group Home Type 1 means a detached dwelling unit occupied by not more than ten persons exclusive of staff and receiving family, who live as a single housekeeping unit and require 24-hour residential, sheltered, specialized or group care, treatment and rehabilitation for addiction, mental health and other wellness issues, and which is licensed, approved or supervised by the Province of Ontario under any general or special Act.

Group Home Type 2 means a detached dwelling unit occupied by not less than six and not more than ten persons exclusive of staff, who live as a single housekeeping unit and require 24-hour residential, sheltered, specialized or group care and which is licensed, approved, supervised or contracted by the Province of Ontario or the Federal Government under any general or special Act, and which shall be maintained and operated primarily for:

     a) Persons who have been placed on probation under The Youth Criminal Justice Act, The Probation Act, the
     Criminal Code (Canada) as amended or any Act passed to replace the foregoing Acts;

     b) Persons who have been released on parole under The Ministry of Correctional Services Act or The Parole
     Act (Canada) as amended or any Act passed to replace the foregoing Acts; and,

     c) Persons who have been charged under The Youth Criminal Justice Act.

Guest Room means a room used for guest accommodation and which does not contain a kitchen.

Habitable Living Area means a room designed for living, sleeping, eating or food preparation, including a bedroom, den, living room, recreation room, kitchen, or enclosed sunroom.

Heat Pump means equipment designed to heat or cool the interior of buildings or structures and which are normally located outside and/or on a roof or such buildings or structures.

Height means with reference to a building or structure, the vertical distance measured from the finished grade of such building or structure to:

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

     b) The deckline of a mansard roof;

     c) The mean level between eaves and ridge of a gabled, hip or gambrel roof or other type of pitched roof;

     d) In case of a structure with no roof, the highest point of the said structure.

Home Industry means a small-scale industrial use providing a service or product to the agricultural community on a farm that is clearly accessory to the principal agricultural use on the lot. 

Home Occupation means the use of part of a dwelling unit for the conduct of a profession, trade or occupation that results in a product or service and which is clearly accessory to the principal residential use of the dwelling unit. 

Hospital means any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury.

Hotel means a premises that contains rooms with or without private cooking facilities that are rented on a temporary basis to the public, but shall not include boarding, lodging rooming houses or apartment dwellings. 

Industrial Use means premises used primarily for the purpose of manufacturing, processing, fabrication, assembly, treatment, packaging, and incidental storage of goods and materials and may include accessory sales and distribution of such products.

Inoperative Vehicle means a vehicle that is mechanically inoperative, and/or is in a state that precludes immediate use.

Institutional Use means premises that caters to the social, educational or religious needs of humans.

Kennel means a premises used for the breeding, raising, training, sheltering or boarding or overnight accommodation of dogs, cats, or other household pets, but shall not include a veterinary clinic.

Kitchen means a room with cooking facilities.

Landscaping Operation means a premises used for the exclusive purposes of providing landscaping contracting services, including the incidental storage of landscaping equipment, and may include the accessory growing of plants, but shall not include a commercial greenhouse, nursery or retail store.

Landscaped Open Space means trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property, but shall not include any driveway or ramp, curb, retaining wall or parking area.

Landscaping, Soft means that portion of a lot comprised of any company of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered by architectural elements including but not limited to asphalt, buildings, brickwork, concrete, stonework or structures.

Lane means a subsidiary thoroughfare that is not intended for general traffic circulation and which provides a public or private means of vehicular access to an abutting property. For the purposes of this By-law, a lane is not a public street.

Laundromat means a premises where coin-operated laundry machines using only water, detergents and additives are made available to the public for the purpose of cleaning clothing and other articles of fabric.

Library means a premises containing printed, electronic and pictorial material for public use for purposes of study, reference and recreation.

Livestock Facility means a building where livestock are harboured and kept for use, propagation, or intended profit or gain and may include associated manure storage.

Loading Space means an unobstructed area of land on a non-residential lot that is used for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded to or unloaded from such vehicle.

Long Term Care Facility means a premises licenses pursuant to Provincial legislation, where a broad range of personal care, support and health services are provided for the elderly, disabled or chronically ill occupants in a supervised setting, and may include one or more accessory uses such as common dining, lounging, kitchen, recreational or medical offices/clinics, but shall not include a retirement home. 

Lot means a parcel of land that is registered as a legally conveyable parcel of land in the Land Titles Registry Office.

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

Lot, Corner means a lot at the intersection of two or more public streets or upon two parts of the same public street with such street or streets containing an angle of not more than 135 degrees.

Lot Coverage means that percentage of the lot covered by all buildings and shall not include that portion of such lot area that is occupied by a building or portion thereof that is completely below finished grade. Lot coverage in each zone shall be deemed to apply only to that portion of such lot that is located within said zone.

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

     a) In the case of a lot with no rear lot line, the point where two side lot lines intersect shall be the point
     from which the distance between the front and rear lot lines shall be taken.  

     b) In the case of a corner lot with a sight triangle, the exterior side 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
     depth.

Lot Frontage means the horizontal distance between the interior side and/or exterior side lot lines, with such distance being measured perpendicularly to the line joining the mid-point of the front lot line with the mid-point of the rear lot line at a point on that line 7.0 metres from the front lot line.

     a) In the case of a lot with no rear lot line, the point where two side lot lines intersect shall be the point
     from which a line is drawn to the mid-point of the front lot line.  

     b) In the case of a corner lot with a sight triangle, the exterior side 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. 

Lot, Interior means a lot that is not a corner lot or a through lot.

Lot Line means a line delineating any boundary of a lot.

Lot Line, Exterior Side means the lot line of a corner lot, other than the front lot line, which divides the lot from a public street.

Lot Line, Front means the line that divides the lot from the public street, but, in the case of:

     a) A corner lot, the shortest of the lot lines that divides the lot from the public street shall be deemed to be
         the front lot line;

     b) A corner lot where such lot lines are of equal length and where one lot line abuts a County road or
         Provincial highway, the front lot line shall be deemed to be that line which does not abut the County road
         or Provincial highway;

     c) A corner lot where such lot lines are of equal length and where both lot lines abut public streets under
         the same jurisdiction, the Corporation may designate either street line as the front lot line;

     d) A lot that does not abut a public street but which is separated from a public street by a public park and
         which is accessed by a lane, the shortest lot line that abuts the public park shall be deemed to be the
         front lot line;

     e) A through lot, the longest of the lot lines abutting the street lines, which divides the lot from the public
         streets, shall be deemed to be the front lot line. If both such lot lines are of equal length, the
         Corporation may designate either street line as the front lot line; and

     f) A corner lot or though lot on lands in a Highway 400 Employment Lands Zone, the front lot line shall be
        deemed to be that line which does not abut the County road or Provincial highway.  If the lot only abuts a
        County Road and Provincial highway, the front lot line shall be the County Road.

Lot Line, Rear means the lot line opposite to, and most distant from, the front lot line.  In the case of a lot with no rear lot line, the point where two side lot lines intersect shall be the rear lot line.

Lot Line, Interior Side means a lot line, other than a rear lot line that does not abut a public street.

Lot, Through means a lot bounded on opposite sides by a public street. If the lot qualifies as being both a corner lot and a through lot, such lot is deemed to be a corner lot for the purposes of this By-law.

Main Building Façade means the exterior wall of the building on the first storey that contains the front door to the building. 

Medical Office means a premises used by a health professional for the treatment of human beings including clinics operated by a number or variety of health professionals, but does not include a public or private hospital or office located in the medical professional’s residence.

Meteorological Tower means a tower erected for the purposes of collecting climate- and weather-related data for scientific and informational needs, and may include accessory structure housing data collection equipment at the base of the tower.

Mineral Aggregate Resource Operation means

     a) Lands under license or permit, other than for a wayside pit or quarry, issued in accordance with the
     Aggregate Resources Act, R.S.O. 1990, c.A.8, as amended, or successors thereto; and 

     b) Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral
     aggregate resources and derived products such as asphalt and concrete, or in the production of secondary
     related products.

Mineral aggregate resources are gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act, R.S.O. 1990, c.M.14, as amended.

Miniature Golf Course means an area of land designed, landscaped and used for facilities that simulate the game of golf or any aspect of the game, played on a small scale using artificially constructed holes.

Minimum Distance Separation (MDS) means the mathematical tool to determine a recommended distance between livestock and manure storage facilities and nonagricultural uses.

Mobile Home means any dwelling that is designed to be mobile, and constructed or manufactured to provide a permanent residence for one or more persons in accordance with Canadian Standards Association (CSA) Standard Z240, but does not include a park model home, travel trailer or tent trailer or trailer otherwise designed.

Mobile Home Park means land that has been provided and designed for the location of 2 or more occupied mobile homes.

Model Home means a building that 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 a related development and which is not occupied or used for human habitation.

Motel means a building that contains rooms with no private cooking facilities that are rented on a temporary basis to the public with each room being accessed from the outside.

Motor Vehicle means an automobile, motorcycle, motor-assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, 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 or construction vehicle.

Motor Vehicle Body Shop means a premises used for the painting, repairing of the interior, exterior, or undercarriage of motor vehicle bodies.  Motor vehicle washing establishments are not an accessory use.

Motor Vehicle, Commercial means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highways.

Motor Vehicle Gas Bar means a premises where gasoline or other motor fuels and oil are kept for sale and delivery directly into a motor vehicle, and may include an accessory retail store, but shall not include a motor vehicle repair establishment or a motor vehicle washing establishment.

Motor Vehicle Repair Establishment means a premises used for the repairing of motor vehicles and recreational trailers, vehicles or boats, but shall not include the sale of motor vehicle fuels or a motor vehicle body shop.  Motor vehicle washing establishments are not permitted as an accessory use.

Motor Vehicle Sales, Leasing and/or Rental Establishment means a premises used for the sale and/or rental of motor vehicles.

Motor Vehicle Washing Establishment means a premises in which the mechanical or hand washing or motor vehicles is carried out.

Municipality means The Corporation of the Town of Bradford West Gwillimbury.

Museum means a premises used for the preservation of a collection of any combination of paintings, other works of art, objects of natural history, mechanical, scientific, or philosophical inventions, instruments, models or designs and which may also include libraries, reading rooms, laboratories and accessory offices. 

Non-Complying means a building, structure or lot that does not comply with the regulation(s) of this By-law.

Non-Conforming means a use that is not a permitted use in the zone in which the said use is situated.

Nursing Home means a premises in which lodging is provided with or without medical care and treatment in accordance with the Nursing Homes Act, R.S.O. 1990, c.N.7, as amended.

Obnoxious Use means a use which, from its nature or operation, creates a nuisance or is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason of the matter, waste or other material generated by the use, and without limiting the generality of the foregoing, shall include any uses which may be declared to be a noxious or offensive trade or business.

Opening means an area of a main wall that is open from the outside to the inside and which is treated in a manner that offers a view to the inside from the outside.

Outdoor Amenity Space means an outdoor space, unobstructed by buildings or structures and which cannot be traveled upon by motor vehicles. 

Outdoor Display and Sales Area means an outdoor open space area, used in conjunction with the main building or structure on the same lot, for the accessory display and/or sales of produce, merchandise or the supply of services in association with the primary use of the lot.  Such a display and/or sales area may be wholly or partially contained within a tent structure.

Outdoor Furnace means a chiminea, butane heater or other fixed structure within which a fire can be lit and sustained in a controlled environment, but shall not include a smokehouse.

Outdoor Storage means an area of land used in conjunction with a business located within a building or structure on the same lot, for the storage of goods and materials.

Park means any area of land under the jurisdiction of a public authority that is designed and/or maintained for recreational purposes. Without limiting the generality of the foregoing, a park may include municipal parks and playgrounds, golf courses, swimming pools, and wading pools, tennis courts, bowling greens, arenas, boating facilities and sports fields and ancillary retail uses.  However, this definition does not imply that the park will be developed for active or recreational uses.

Park Model Home means a trailer designed for temporary human habitation having permanent running gear attached and meeting CSA Standard Z241.

Parking Aisle means an area of land which abuts and provides direct vehicular access to one or more parking spaces.

Parking Area means an open area of land not located on a public street, private street or lane that is used for the parking of four or more motor vehicles, but shall not include any area where motor vehicles for sale or repair are kept or stored and shall not include a driveway that provides access to a dwelling unit, excluding an apartment dwelling unit.

Parking Garage means a building, or part thereof, used for the storage or parking of motor vehicles.

Parking Lot, Commercial means an area of land used for the parking of motor vehicles for a fee, with such use forming the principal use of a lot.

Parking Space means an unobstructed space for the exclusive use of parking of a motor vehicle.

Parking, Tandem means two parking spaces arranged such that two motor vehicles can park end-to-end and where one vehicle does not have independent access to a street.

Patio, Residential means an outside area made of impermeable material, with a maximum height of 0.3 metres that is accessory to a dwelling unit.

Patio, Restaurant means a covered or uncovered outdoor area that is accessory to a restaurant and where food and/or beverages are prepared and/or served in conjunction with the restaurant use.

Pergola means an open-roofed structure of parallel columns placed at regular intervals supporting girders and cross-rafters.

Person(s) means 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 context can apply.

Personal Service Establishment means a premises in which services involving the care of persons or their apparel are offered and includes a barber shop, a hair dressing shop, an esthetician salon, a shoe repair establishment, a dry cleaning depot, tailor or similar service establishments.

Pet Salon means a premises wherein cleaning, clipping and other grooming services are provided for domestic pets, but shall not include an animal clinic, kennel or any form of overnight accommodation.

Place of Amusement means a premises that contains facilities that offer games of skill and competition for the amusement of the public, such as motion simulation rides, virtual reality games, video games, computer games, laser games, an indoor playground and similar types of uses, but does not include casinos or any other establishment accommodating gambling or gaming activities, wagering or betting, video lottery and gaming machines, or any other similar type of gambling use. 

Place of Assembly means a premises used for the gathering of groups of people and may include facilities for the preparation and consumption of food or drink but shall not include a place of worship or place of entertainment or place of amusement.

Place of Entertainment means a motion picture or live theatre, arena, auditorium, planetarium, concert hall and other similar uses but shall not include any adult entertainment use, any use entailing the outdoor operation or racing of animals or motorized vehicles, a casino or any other establishment accommodating or providing gambling or gaming activities, wagering or betting, video lottery or gaming machines, or any other similar type of gambling use.

Place of Worship means a premises used by a charitable religious group(s) recognized in the Province of Ontario for the practice of religious rites and may include accessory uses such as an accessory dwelling unit, rectory hall, auditorium, community hall and intermittent non-academic religious instruction associated with the organized worship.

Planting Strip means an area which shall be used for no purpose other than landscaping, including decorative rock treatments or other required structural features, a row of trees or a continuous massing of deciduous and coniferous shrubs. The remainder of such planting strip shall be used for no purpose other than landscaping features, planting trees, shrubs, annuals and/or perennials, grass or similar vegetation.  Walkways and driveways accessing the lot from the street are permitted to cross a planting strip.

Pool Surround means a deck or residential patio that is located abutting, along and adjacent to the edge of a swimming pool.

Porch means a structure with a roof and at least one side that is open, unenclosed, and provides access to the first storey of a dwelling unit. 

Portable Asphalt Plant means a facility:

     a) With equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to
     produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the
     process; and 

     b) Which is not of permanent construction, but which is to be dismantled at the completion of the
     construction project.

Portable Concrete Plant means a facility:

     a) With equipment designed to mix cementing materials, aggregate, water and admixtures to produce
     concrete, and includes stockpiling and storage of bulk materials used in the process; and,

     b) Which is not of permanent construction, but which is to be dismantled at the completion of the
     construction project.

Power Generation Facility means a premises generating electricity and operating as the main use of a lot or lots, but shall not include an accessory solar collector or wind turbine.

Premises means the area of a building occupied or used by a business or enterprise. In a multiple tenancy building occupied by more than one (1) business, each business area shall be considered a separate premises. Each individual unit proposed and/or registered in a draft Plan of Condominium shall also be considered an individual premises.

Printing Establishment means a premises wherein printing, photocopying, blue printing, duplicating, publishing or lithography are conducted.

Private Club means a premises used as a meeting place by members and guests of members of non-profit and non-commercial organizations for community, social or cultural purposes.  This definition does not include uses that are normally carried out as a commercial enterprise.

Private Home Daycare means the temporary care for reward or compensation of five children or less where such care is provided in a private residence other than the home of a parent or guardian of any such child for a continuous period not exceeding 24 hours.

Public Authority means the Government of Canada, Province of Ontario, Hydro One Incorporated, Lake Simcoe Region Conservation Authority, Nottawasaga Valley Conservation Authority, County of Simcoe or Town of Bradford West Gwillimbury, and any agency, board or commission thereof.  A public authority shall include public or private utilities which produce or maintain infrastructure for the conveyance of electricity, communications or natural resources to the public.

Public Use means any use of land, buildings or structures by or on behalf of a public authority.

Public Works Yard means a facility where salt and/or sand is stored in addition to motor vehicles and equipment owned and operated by a public authority.

Queuing Lane means an area of land that is used exclusively for motor vehicles whose occupants are waiting to be provided with goods, materials or services.

Recreational Trailer, Vehicle or Boat means any vehicle that is suitable for being attached to a motor vehicle for the purpose of being drawn or is self-propelled, and may be capable of being used on a short term recreational basis for living, sleeping or eating accommodation of human beings and includes a travel trailer, pick-up camper, motorized camper or tent trailer.

Recycling Facility means a premises in which used materials are separated and/or processed and shipped to other users that will then use those materials to manufacture new or recycled products.

Residential Treatment Centre means a Group home type 1 or Group home type 2 which is occupied by 11 or more persons, exclusive of staff.

Restaurant means a premises in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the building and which may include the preparation of food in a ready-toconsume state for consumption off the premises.

Restaurant, Take-Out means a premises where prepared food is primarily consumed outside of the premises and where no more than six seats for customers are provided.

Retail Store means a premises in which goods, wares, merchandise, substances, articles or things are displayed, rented or sold directly to the public but does not include an adult novelty store, an adult video store, a building supply centre, a commercial greenhouse, a motor vehicle gas bar, a motor vehicle sales, leasing and/or rental establishment, a printing and publishing establishment, a supermarket, a specialty food store or an automotive commercial use.

Retirement Home means premises that provides accommodation primarily to retired persons or couples where each private bedroom or living unit has a separate private bathroom and may have cooking facilities and which has a separate entrance from a common hall and where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided.

Salvage Yard means an area outside of an enclosed building where scrap metal, appliances and motor vehicles are disassembled and dismantled, or where motor vehicles in an inoperable condition or used motor vehicle parts are stored or re-sold.

School, Commercial means a premises used as a school conducted for gain, including a studio of a dancing teacher or a music teacher, an art school, a golf school, school of martial arts, school of gymnastics, school of fitness, business or trade school and any other such specialized school.

School Portable means a temporary building or structure designed to serve as a classroom on a lot that is also the site of a public school.

School, Private means a premises used as an academic school which secures the major part of its funding from sources other than government agencies.

School, Public means a premises used as an academic school under the jurisdiction of a Provincially approved educational institution or parochial school operated on a nonprofit basis.

Second Level Lodging Home means a Boarding, Lodging or Rooming House in which lodging is provided for 8 or more persons.

Self-Storage Facility means a premises used for the temporary storage of household items; seasonal, recreational or commercial vehicles, boats and trailers; and secured storage areas or lockers which are generally accessible by means of individual loading doors for each storage unit or locker.

Service Shop means a service commercial use in which the repair of household articles is primarily carried out but shall not include shops for the repair of internal combustion engines, motor vehicles or other similar uses.

Setback means the horizontal distance from a property line or defined physical feature such as a stable top of bank measured at right angles from such line or feature to the nearest part of any building or structure or amenity area or other component of a use that is subject to the setback on the lot.

Shopping Centre means an integrated commercial development, the function of which shall be to permit a wide range of retail, service and office commercial uses.

Sidewalk means a concrete or paved area within the municipal right-of-way that is designed for use by pedestrians. 

Sight Triangle means the triangular space on a lot formed by two intersecting street lines and a line drawn from a point on one street line across such lot to a point in the other street line, each such point being the required distance from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a single point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangent to the street lines.

Smokehouse means a building or structure where foods such as meat, fish, cheese and vegetables are cured by means of smoke.

Soil Manufacturing means the commercial processing of soils to make them suitable for sale to the general public, with the majority of the processed soil being removed from the lot on which the operation is located.

Solar Collector means a device or equipment used for the collection or conversion of solar energy for the purposes of heating, electrical, or mechanical power.

Special Event means a use which occurs occasionally and for a short period of time and includes a fair, midway, sale, auction, plant and module sale, festival, social, cultural or sporting event.

Special Needs Housing means any housing, including dedicated facilities, that is designed to accommodate individuals with specific needs beyond economic needs and includes: long term care facilities and retirement homes, where varying degrees of support services are provided including meal preparation, laundry, housekeeping, respite care and attendant services; emergency housing; and residential care facilities.

Specialty Food Store means a premises specializing in a specific type or class of foods such as an appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods.

Stable Top of Bank means the line which defines the transition between tableland and sloping ground at the crest of a slope associated with a watercourse, as determined by an approved Geotechnical Study and/or by the appropriate Conservation Authority.

Storage Container means any portable device that is open or closed, in which a material can be stored, handled, treated, transported, recycled or disposed of.

Storey means that portion of a building between the surface of a floor and the floor, ceiling or roof immediately above.

Storey, First means the storey with its floor closest to established grade and having its ceiling more than 1.8 metres above ground.

Street Line means the limit of a street allowance and is the dividing line between a lot and a street.

Street, Private means a private thoroughfare not under the jurisdiction of the Corporation, the County of Simcoe or the Province of Ontario or created through the registration of a Plan of Condominium.

Street, Public means a public highway within the provisions of the Municipal Act, R.S.O. 2001, c.25, as amended, and which provides a principal means of access to abutting lots but does not include a lane or private street.

Structure means anything that is erected, built or constructed of parts joined together and attached or fixed permanently to the ground or any other structure.

Studio means any premises or part thereof used as a working place for the creation of paintings, photography, sculptures, pottery, glass, wrought iron and other objects or items that are the subject of art.

Suite means a single room or series of rooms of complementary use, operated under a single tenancy, and includes:

     a) Dwelling units; 

     b) Individual guest rooms in motels, hotels, boarding houses, rooming houses and dormitories; and,

     c) Individual stores and individual or complementary rooms for business and personal services occupancies.

Supermarket means a premises, containing a complete departmentalized food store selling a comprehensive line of groceries, baked goods, fresh fruit and vegetables, canned goods, dairy products, frozen foods, and fresh and frozen meats.  Other lines may include confectionary, drugs and cosmetics, household supplies, hardware, commercial service uses such as dry cleaning and financial services, and a seasonal garden centre.

Swimming Pool means an artificial body of water, the container of which is constructed of man-made materials, having a depth of greater than 0.5 metres and intended primarily for bathing and swimming, but shall not include a natural, dug or damned pond that is primarily used for aesthetic, stormwater management or agricultural purposes.

Swimming Pool Pumps, Filters and Heaters means the equipment necessary to operate an outdoor swimming pool.

Tattoo Parlour means a premises which is operated for the primary purpose of marking the skin with indelible pigment or other such substance so as to produce a permanent design, mark or similar feature on the skin.

Taxi Service Depot/Dispatch Establishment means a premises where taxis and/or limousine taxis are dispatched from and where such vehicles may be parked and/or stored.

Theatre means a premises that is used for the showing of motion pictures or for dramatic, musical or live performances.  For the purposes of this definition, an adult entertainment parlour is not considered to be a theatre.

Towing Service Depot/Dispatch Establishment means a premises where towing vehicles are dispatched from and where such vehicles may be parked and/or stored but shall not include a salvage yard.

Town means the Town of Bradford West Gwillimbury.

Trade and Convention Centre means a premises where facilities are provided for the displaying of goods and services for the general public, such as an auto show or a computer trade show or where groups of people meet for civic, educational, political, religious or social purposes.

Trailer means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle and is capable of being used for the transport of goods, materials, equipment or livestock notwithstanding that such vehicle is jacked up or that its running gear is removed.

Trailer, Tourist means a trailer capable of being used for the temporary living, sleeping or eating accommodation of persons with its running gear attached.

Transit Station means a building or structure or parts thereof or an area of land that is used for the temporary parking of transit vehicles and the picking up and dropping off of passengers.

Transmission Tower means a tower erected for the purposes of passing along electricity or digital data through a wire, cable or wireless transmission. 

Transport Terminal means the use of land for the purpose of storing, servicing, washing, repairing or loading of trucks or transport trailers with materials or goods that are not manufactured, assembled, warehoused, or processed on the same lot. Transport terminal shall also include the storing, servicing, and repairing of buses.

Use means the purpose for which any portion of a lot, building or structure is designed, arranged, intended, occupied or maintained.

Warehouse means a premises used for the storage and distribution of goods, wares, merchandise, substances, articles or things within a building, but does not include a transport terminal.

Waste means ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse and other such materials as are designated in the regulations of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended.

Waste Composting Facility means:

     a) Any land upon, into, in or through which, or building or structure in which organic waste that is to be
     diverted from landfill is deposited, stored, processed and recycled into compost for retail and wholesale
     purposes and use on another lot; and,

     b) Any operation carried out or machinery or equipment used in connection with the depositing, disposal,
     handling, storage, transfer, treatment or processing referred to in clause (a).

Waste Management Area means:

     a) Any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed
     of, handled, stored, transferred, treated or processed, and,

     b) Any operation carried out or machinery or equipment used in connection with the depositing, disposal,
     handling, storage, transfer, treatment or processing referred to in clause (a).

Waste Storage Area means space allocated either within a main building or in an accessory building or structure where garbage, refuse or recycling materials are temporarily stored while awaiting disposal, but does not include any storage for hazardous waste or materials.

Waste Transfer Facility means the use of land, buildings and structures for the collection of waste into bulk containers for the further transport to a waste management area, waste composting facility, recycling facility or other waste disposal facility.

Watercourse means a body of water or the natural channel for a perennial stream of water, and shall include canals and the Main Drain in the Holland Marsh.

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

Wheel Chair Ramp means a ramp that is designed to provide barrier-free access to a building from grade by the physically disabled.

Wholesale Establishment means a premises used to sell merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers, or acting as agents of brokers and buying merchandise from, or selling merchandise to such individuals or companies but does not include a retail store.

Wind Turbine Farm means lands on which two or more wind turbines are employed as a principal use on a lot or group of lots that generate electrical power for commercial sale are located.

Yard means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as specifically permitted in this By-law.

Yard, Exterior Side means the yard of a corner lot extending from the front yard to the rear yard between the exterior side lot line and the nearest main walls of the main building or structure on the lot.

Yard, Front means a yard extending across the full width of the lot between the front lot line and the nearest main walls of the main building or structure on the lot.

Yard, Interior Side means a yard other than an exterior side yard that extends from the front yard to the rear yard between the interior side lot line and the nearest main walls of the main building or structure on the lot.

Yard, Minimum Required means the minimum distance of a yard required from a lot line. No part of a required minimum yard for a building or structure shall be included as part of a required minimum yard for another building or structure. In calculating minimum required yards, the minimum horizontal distance from the respective lot lines shall be used.

Yard, Rear means a yard extending across the full width of the lot between the rear lot line and the nearest main walls of the main building or structure on the lot.

Zone means a designated area of land use(s) shown on the Zoning Schedules of this By-law.

3.1 SPECIAL DEFINITIONS FOR THE HIGHWAY 400 EMPLOYMENT LANDS

The following additional definitions apply only to lands in a Highway 400 Employment Lands Zone.  Their existence and application does not serve to scope or alter any other permission or definition as it applies in any other zone.

Agricultural Related Uses means those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation.

Business Office, Standalone: shall mean a premises that, in the ordinary course of business, provide services directly to uses, or for the management design and/or creation of the uses, which are permitted within industrial areas such as business or professional services including but not limited to management, architectural, engineering, town planning, land surveying, industrial design and/or interior design services and other professional services.

Data centre means a premises used to house computer systems and associated components, such as telecommunications and storage systems, and may generally include redundant or backup power supplies, redundant data communications connections, and security devices.

Farm Produce stand means a use accessory to an agricultural use in a separate structure where produce grown as a part of the same agricultural uses re sold on a seasonal basis.

Laboratory or research centre means a premises used for scientific medical, or dental testing, experimentation, or research.

Outdoor processing means the accessory conduct of an industrial use, such as equipment servicing and equipment testing yards, outdoors.

Training facility means a premises where instruction of skill for a trade is provided.

•  Click to view General Provisions

•  Click to View Parking and Loading Provisions

•  Click to view Residential Zones

•  Click to view Commercial Zones

•  Click to view Employment Zones

•  Click to view Countryside Zones

•  Click to view Other Zones

•  Click to view Highway 400 Employment Lands Zones

•  Click to view Exceptions

•  Click to view Holding Provisions

•  Click to view Temporary Use Zones

15.1 FORCE AND EFFECT

This By-law shall come into force and effect in accordance with the Planning Act, R.S.O. 1990, C. P.13, as amended.

15.2 FORCE AND EFFECT - ACCESSORY DWELLING UNIT

Notwithstanding section 15.1, the inclusion of an accessory dwelling unit as a permitted use in Table 6.1 shall come into force and effect 90 days following the effective date of this by-law.

15.3 READINGS BY COUNCIL

By-law read a first and second time this 8th day of June, 2010.

By-law read a third and final time and finally passed this 8th day of June, 2010.

Original signed by Doug White, Mayor and Patricia Nash, Clerk.

15.4 CERTIFICATION

I hereby certify that the foregoing is a true copy of Zoning By-law 2010- 050 as enacted by the Council of The Corporation of the Town of Bradford West Gwillimbury on the 8th day of June, 2010.

Original signed by Patricia Nash, Clerk.

•  Click to view Schedule A - Rural

•  Click to view Schedule B - Bradford Maps

•  Click to view Schedule C - Bond Head Maps

•  Click to view Schedule D - Special Mapping 

•  Click to view Schedule E - Minimum Distance Separation Formula