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Zoning Bylaw

The Township of Wainfleet's zoning bylaw implements the objectives and policies of the Official Plan by controlling the use of land. The zoning bylaw identifies:

  • how land may be used;
  • where buildings and other structures can be located;
  • the types of buildings that are permitted and how they may be used;
  • the lot sizes and dimensions, parking requirements, building heights and setbacks from property lines.

The Township currently has two zoning bylaws:

  1. Zoning Bylaw 034-2014 applies to all properties outside of the Township's Hamlets.
  2. Zoning Bylaw 581-78 applies to all properties within the Township's Hamlets.

What is my property zoned?

To find the zoning for your property please follow the steps below for the applicable zoning bylaw. If you require assistance, please contact the Planning Technician.

Zoning Bylaw 034-2014

  1. Locate your property on the maps in Section 15.
  2. Determine which zone category your property is within and then go to the appropriate section of the zoning bylaw. For example, if your property is zoned A2 then go to Section 6 (Agricultural and Rural Zones).
  3. Review the permitted uses listed in the table at the beginning of the section.
  4. Review the lot, building and structure requirements contained in the second table of the section.
  5. Review any site specific exceptions contained at the end of the section. If your property is subject to a site specific exception it will be shown on the maps in Section 15. For example, the map will show A2-17.
  6. Review the zoning map in Section 15 to determine if there are an Overlay Zones on your property. If your property has an Overlay Zone review the provisions in Section 13.
  7. Review the applicable general provisions and parking requirements in Sections 4 and 5.

Zoning Bylaw 581-78

  1. Locate your property on the maps in Schedules A and B.
  2. Determine which zone category your property is within and then go to the appropriate section of the zoning bylaw. For example, if your property is zoned R1 then go to Section 12 (Residential “R1” Zone).
  3. Review the permitted uses listed at the beginning of the section.
  4. Review the lot, building and structure requirements in the section.
  5. If your property has a site specific exception, as shown in Schedules A and B, then review the site specific exception in Section 31.
  6. Review the applicable general provisions and parking requirements in Section 7.

How do I apply for a zoning bylaw amendment?

If you wish to use your property for something that is not listed as a permitted use or construct a building that does not comply with the zoning requirements, then you may submit an application for a zoning bylaw amendment. A pre-consultation meeting is required before you can submit an application. The pre-consultation meeting will identify any studies or information that is required to be submitted with your application and the required application fees.

If your request in minor in nature, then you may be able to apply for a minor variance. Please visit the Committee of Adjustment page for more information.

Pre-consultation Meeting Request Form

Zoning Bylaw Amendment Application Form

Zoning Bylaw Amendment Information Brochure

Can I add a second unit or garden suite to my property?

Secondary Suite

A secondary suite is defined as a permanent second dwelling unit that has its own bathroom, kitchen, living and sleeping areas. A secondary suite can share a number of features with the rest of the dwelling such as a parking area, recreation area (yard), storage space etc.

A secondary suite is permitted as an accessory use to a dwelling in the Agricultural (A1, A2, A3), Rural (A4) and Residential (RH, RLS) zones subject to the provisions in Section 4.20. A secondary suite can be within a dwelling or within an accessory building such as a detached garage.

Section 4.20 of the Zoning Bylaw contains the following requirements for a secondary suite:

  • only one secondary suite per single detached dwelling or semi-detached dwelling is permitted;
  • the secondary suite shall be clearly subordinate to the primary residential unit;
  • the exterior appearance of the dwelling is unaltered to accommodate the unit;
  • all relevant requirements of the Ontario Building Code and Ontario Fire Code are complied with.

If you would like to establish a secondary suite on your property, please verify the zoning requirements with the Planning Technician. You can then apply for a building permit application. For information regarding building permit applications, please visit the Building Permit page.

Township Secondary Suite Information Brochure

Second Units Information Sheet

Guide for Adding a Second Unit in an Existing House

Garden Suite

A garden suite, also known as a granny flat, is a temporary and portable dwelling unit containing bathroom and kitchen facilities that are designed to enable elderly people to live close to their family while maintaining their independence and privacy. Garden suites are permitted for a maximum of 20 years.

A garden suite may be permitted as an accessory use to a dwelling in the Agricultural (A1, A2) and Rural (A4) zones through a temporary use bylaw (zoning bylaw amendment application). A temporary use bylaw places your property in a site specific zone for a specified amount of time.

If you would like to establish a garden suite on your property, please verify the zoning and eligibility requirements with the Planner. A pre-consultation meeting is required before you can submit an application. The pre-consultation meeting will identify any studies or information that is required to be submitted with your application and the required application fees.

Once the temporary use bylaw has been approved, you can apply for a building permit. For information regarding building permit applications, please visit the Building Permit page.

Pre-consultation Meeting Request Form

Zoning Bylaw Amendment Application Form

Garden Suite Information Brochure

Can I operate a business from my home?

Home Occupation

A home occupation is permitted as an accessory use in the Agricultural (A1, A2, A3), Rural (A4) and Residential (RH, RLS) zones subject to the provisions in Section 4.16.

A home occupation is defined as an occupation that provides a service as an accessory use within a single detached dwelling or an accessory building. A home occupation must be performed by one or more residents of the household on the same property. Examples include services performed by an accountant, architect, auditor, dentist, medical practitioner, engineer, insurance agent, land surveyor, lawyer, realtor, planner, hairdresser, desk top publisher or word processor, teacher or day care provider.

Section 4.16 of the Zoning Bylaw contains the following requirements for a home occupation:

  • must clearly be secondary to the use of the dwelling unit and shall be smaller than or equal to 25% of the dwelling's gross floor area;
  • outdoor storage and display of goods and materials or products are prohibited;
  • does not change the character of the dwelling unit as a private residence;
  • does not create or become a public nuisance with respect to noise, traffic and parking;
  • a maximum of one non-illuminated sign per home occupation.

Home Industry

A home industry is permitted as an accessory use in the Agricultural (A1, A2, A3), Rural (A4) zones subject to the provisions in Section 4.17. A home industry is defined as a small scale use providing a service to the rural or farming community that is accessory to a single detached dwelling or agriculture operation. A home industry must be performed by one or more residents of the household on the same property. Examples include a carpentry shop, metal working shop, welding shop, electrical shop or blacksmith's shop. A home industry does not include an auto repair or paint shop or furniture stripping.

Section 4.17 of the Zoning Bylaw contains the following requirements for a home industry:

  • shall be located in an accessory building that is located as close to the existing dwelling and agricultural buildings as possible and is accessed from the same driveway as the dwelling or farm;
  • for lots less than 0.4 hectares in size, the gross floor area shall be a maximum of 50% of the ground floor area of the dwelling
  • for lots greater than 0.4 hectares in size, the gross floor area shall be a maximum of 500m2;
  • outdoor storage and display of goods and materials or products are prohibited;
  • is compatible with and does not hinder surrounding agricultural uses;
  • can be supported by potable water and sewage disposal facilities;
  • shall be subject to Site Plan Control;
  • a maximum of one non-illuminated sign per home industry.

Starting a home occupation or home industry on your property may have additional requirements under the Ontario Building Code and a change of use permit may be required. Please contact the Chief Building Official to discuss.

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31940 Highway #3
PO Box 40
Wainfleet, ON L0S 1V0

Phone: 905-899-3463
Fax: 905-899-2340

After-Hours Urgent Contact
Region of Niagara Central Dispatch
Phone: 905-984-3690

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