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HomeMy WebLinkAbout05/07/1968 '" REGULAR MEETING OF THE COUNCIL OF, Tim TOWNSHIP OF CLARKE Tue~day, May 7, 1968, at 10 a.m. (. Council Chamber, Orono. , t - Present 1 Reeve Roy A ec..Foster, , Deputy Reeve H. E. Walkey ~ Councillor W. R. CaX"veth CouncillorF'. A. Gray Councillor ,J. W. Stone Clerk H. E. ,Millson t ,.L Minutes of meetings ,of april 2 and 17 and. May 2, 1968, '~ were approved as read on motion by F. A. GraYt and seconded by H. E. Walkey. Qarri~d. It. WaS moved by H. ~. Walkey, second.ed;oy F. A. Gray, that delega.tions be heard. ,Carried. Mr. James Stutt met with Council to report on the \ c~rrent intere.ts of our Memorial H~spital a.t Bowmanville. On mo~io~~by H. E. Walkey, seconded by W. R. Carveth, ~Council recessed. for lun~h at 12 noon and resumed. session at 11)0 p~. Carried. _ ., " " Mr. M. L. ,Ross, Road Su~rintendent, appeared at Council meeting frQm, 2:30 to 3.45 p.m. to consider and discuss matters pertaining to municipal roads. . " The following ~orr~spon~ence and repor~s '~.'read out by Reeve Foster 1 " ' : 1. Mr. Elgin E. Ney re application for a Commercial Building ..~ Permit. -R.eferred to the Planning Board. ' ~ Mrs. E. M. Fairbrother request 'for a donation to the Orono Junior Garde~ers' Club.-Referred ;to the Police Trustees. . . . )., ,Mr. R. L. Stewart re pro~osed Zoning By-Law. -Referred to ~e ~erk. .' ' Ontario Development porpo~a~ion re approved for registration as an area :in which new or expanded industry may be ~o~sidered_fqr f~naneial aS$i~tance under the Equalization of Industrial Opportunity Program.-(iled. t, 5. Depar~ment of Highways~ O~tario tre Standard Forms of 't I.. Agreement for C:onsulting Professional Engineering Services to Municipalities for Road and Bridge Projects.-Filed. Great ~ine Ridge Festival of the Arts request for grant. -Filed." ' , " Copy of, letter from Strike &- Strike to the Trustees of the Police Village of Orono re Orono Dump.-Filed. Trustees of the Police Village of Orono re billing- rebate of Village share of Township Dump expenses for t~e ye~s 1965 and 1966.-Filed. Copy letter of the Ontario Department of Public Welfare to Mr. Donald W. Harvey re licence to 9perate an AmbulanceServ:l,cetuntil'June 30, 1968.:'Pi1ed. 10. <~ilwayTr~.~ort Co~ttee re proposed.closing of crossings, TwP. Clarke, Ont., - File No. 3701.130 -- ~leag.. 155,.08 B~lleville Subd. CP an<i, File' No. 9437.568 - , . t mileage 28)..76 Kingston Subd. CN. -Referred to Road Inspection. . ',\ 11. Mr., Gordon Millson request for drainage correction on municipal~ road allowance. -Referred to Road Inspection. " 12. Mr. S. Block re Land Acquisition for the proposed Laing ", Bridge .-Filed,. ,. 13. Mr.. Sad,ie A. Hamilton re Old Mill Road, Lot No. 31, Concession Ho.' 7" Clarke Township, County. of Durluun.- Ref"err~d to Road~ Closings,. ' 14. Trans-Canada. PipeLines Limited re proposed Trans-Canada PiPe Lines 24:-~inc'h, Diameter Natural Gas Pipeline Loop in the Township ofClarke~-Referred to the Road Super- intendent. . ~, 15. Mr. Larry W. Beaupre, Ontario Cycle, re proposed' ~deveJ.opmentof Iuds owned by Mrs. Beaupre. -Filed. 16. The Corporation of" the Town, of Cobourg re proposed ~ majo~,study to ,be carried out to determine the overall harbour requirements in the Lake Ontario area as business brought forward from April 17, 1968~-Filed. '1 2. ,4. " t.: ; . 6. 7. 8. " 9. .._;~..t'l..:;:I.~ Page 2 Regular :Meeting .of Councirl 7 Mary 1968 continueda l~. Ontario Development Corporation, Field Services Section, Industrial Development Branch, re Municipalities that qualify under the Provincial Equali$&tion of Industrial Opportunity Program.-Filed. 18. Township of' Darlington re The -Munic.ipal Corporat ions 2uieting Orders Act.-Filed. 19. Report of the Clerk re the Resident.ial Property Tax Reduction Act,1968.-Filed. 20.< 196&. Budget Comparis.on on General Municipal Rates Only as at May 7, '196&. -F'iled. The following resolutions were ~assedt R.Bsalutioll' NO-a SSIMoved -by F<<-ank,Gra:y,seconded by W.R.Carveth: Resolve that the foll-owing ,Fay ,Vouchers be "-and are hereby authorized for payment by tibe Signing Officers of thi& Council: Addition to General Voucher 14 for Apri~ in the amount of $636.29 General Voucher '15 for 'May in bhe amount of $22,.302.~9 Addition to General Welfare VOJ.1.cher 14 in the amdunt of $74.12 General Welfare Voucher #5 for 'May in the amount of $.12.34.88 Road Vcmcher 14 for A:pril in the amount. of~ $10224..38 ' Police Village of Orono Voucher 4~ for ~pril in the amount of $1014.65.-Carried.. , Resolution No. SQ:Moved by W.R.Carveth,seconded by Frank Gray: Resolve that ~he follo~ing Pay Voucher be and is hereby authorized for payment by the Signing Officers of this Councdla Addition to General Voucher 15 for May in-the amount of $2.38.08. -Carried. ' '), Resolution No. QO:Moved by Frank Gray, seconded byW~R.Carveth: Whereas the Council shall appoint a Zoning Administrator in accordance with By-Law No~ 1590, being a by~law to regulate the use of land and the cha.ract~r, location and use of buildings and structures in the Township of ,Clarke, who shall have the authority of administering the said By-Law;" ' Therefore the Council' of, the Township of Clarke resolves as follows:- ' , 1. That Mr. Arthur Low, R.' R. 1,< Kendal, Ontario, he and he. is hereby appointed Zoning Administrator of By-Law No.~1590 of the Corporation. ' ~. That the said Mr. Arthur Low shall hold office d.uring the period ending on 7th October 196$. .3 . That' the salary of the said Mr. Arthur Low as Zoning Administrator of the Corporation of the Township of Clarke shall be $7.5. 00 per month, payable monthly. 4. That'in addition to his monthly salary he shall be re~bursed for travelling expenses at ~10_ per mile on dutie8~relating to the ,'- said Zoning Adminis~rator. -Carr ied ~ ~ aBsolution Bo. Ql:Moved~by W.R.Carveth,se~onded by Frank Gray: Resolve that the Road Superintendent be and he is hereby authorized to advertise the barn on Lot 16, Concession 2, for sale by tender.. -Carried .~, < ' Resolti.tion }lQ'.'Q2:Moved' by J .W.Stc1ne, seconded by' H,.E.Walkey: This Council hereby authoriae the Clerk-Treasurer to mail the follOwing n,otice to each ratepayer with the i968 Tax Demand: , ~he Corporation of the Township of Clarke , Notice to Landlords t-o be Included with 196$ Tax Demand Explanations concerning uThe Residential Pt-operty Tax Reduction Act, 1<968R , Where in any year<a credit onm~icipal taxes is allowed to a landlord in ,respect of any residentialproperty~ the landlord or his ~ent shall payor allow as a reduction in rent to the tenant thereof the amount 'of such credit in 'such manner and at such time or times as ispreacribedby the regulations made under this Act. SuchereditshaJ.l 'be deemed to~ be allowed on the date that thepa:ymeat of the ,second instalment of taxes is required to be ~qe. , ' Even landlord and every agent who contravenes an.y of the provisions of the said Act or of the regulations made under this Act is gu,ilty of an offence and on summary conviction is liable to a fine of not more than $100. and in addition the magistrate shall order the landlord to, pay or allow as a reduction in rent . ~ . . \I \I , ,~ , Page 3 . Regular Meeting o~ Council 7 May 1968 continued: . the amount of' any credit on'municipal taxes that in the opinion of the magistrate has not been paid or allowed as' a reduction in rent in acco'rdanee with the said Act. v In an apartment block~. ~ach apart~ent within the block qualifies ~or a taX credit. ''Landlords may contact the ' undersigned for adequate informatiol) to enable' him to pass the ef~ect of the tax' credit to' his -tenant. H.R. Millson~ " , Treasurer.-Carried. The following By-law was read a first and second t~e only: ' , ' ' ,. ,- A By-law to appoint Be By-law Enforcement Officer for the Corpora~ion of the ToWnship of Clarke. The following By"'laws were read a first~ second and third time and finally passed: By-~aw No. 11:)88" . , Being a By-Law to amend By-Law No. 1351,' a By-Law t'o reguate the erection and 'to provide for the'safety of buildings. . ,." Whereas the Council of the Corporation of the Township of Clarke have deemed it expedient~to amend By-Law No: 1351 by repealing Section 3 of the said By-Law; , Now Therefore the Council of the Corporation of the , Towntmipof Clarke enact" as follows: -< ' , ' That Sectibn 3 or<< By-Law lb. 1351 be< and. tldt same is , hereby repealed. '0.... By-Law ~o. 11:)8q . Being a By-Law to repeal By-Law No. 1563, a By-Law to regulate the use of l.and and the erection and use'of buildings and structures in the Township of Clarke. Wher'eas the t:ouncil o"f the Corporation of the- Township of Cla.rke~ after due del~beration, have deemed it'expedient to repeal By-Law No., '1583; .' , Now Th~ererore Be It' Enacted By the Council of the ... Corporation' of the Town'shipof 'CJ.arke: --'" ' , , ' 'That By-Law No. 1583 be and the same is he'reby repealed. ]jy-Law :tiP, 11:)qO' " t ,'w Being ~', by-law to, regulate t,he us". .ot" ~and and the ~ cha.racter', 1ocati:on and ~se of~ bulldiIu~s~ ana'structures J.n the' Townshipc of v Clarke . ~ ~ .....:.- '"U, ~ ~ - ~ ,whireius au~hoj.ity:' is granted under ~sec,tion~,O 'Of The prann,ing .A~t~ R~.S.:O:-J.96,0,'-' subjec\;tb'the approval' 'of the ontarlo MWliclpal' Boara-. tp p~ss' this By-law.- '-' NOW THEUFORE, THE ,COUNCIL OF T~ CPRPoRA"r ION OF THE T'OWNSHI~ 'OF CX.ARK;E l:NA'CTS' A/3 'FOLLOWS: ' U S'ECTIOJ1 - T't'n.B~:~""" , ~ ~ . -" , " 1':1 Th:Ls'ay-law uy be cited' as thO., Zon1q By-law. ~. , 1.2 T'he Zoning MAp hereunto annexed as Schedul~ itA" , ~ iii' dec~ared t.o be part'of' the By-l.aw. .' ~ ~ SECTION 2- DBFINITIbllSl A, , ./ " l. 2.1 For ,the' purpose ,of, this by-~a.w- the f'01.1ow'ing words and phrases shal.l.ha ve' 'the meaning,s' 'gi ven- bel O\( 0 , 1e.1e Ae'e.s~o~y ]~J1iHiin~~ means a~ aetacheCi buil'ding, 'the , use 'Of' wh'icn is inc'ldental. or secondary 'to that of , 'the ~in~ bui1.ding and not' useCi' fo'r h'Uma.n habitation, C .located 'On 'the ~&me lot lfith the main bui1ding and 'includes a pri'vate ,gar~e. ~ ~', ~, ' , ~ - , 2.3' .ec.~so~y lJ~~ : means a. use 'cus'tomarily ~incidental , I,... and' subortlinate'" to 'the princJ.pa'1. use- or~ b1.iilding and locateaon~be sa1ne lot: wC1;th s-~ch pr:lrlcipa~ use c- ';;=~ building,.u , , ....., . -~ ,~ L '"" '" 2.4 Bui.~di~ LiDA: means a line, ,within ,a lot iirawn ~ 'para1.1el. 'to a. lVot 1..i'-'ne~ and 'est abli She s tlt'e mi:nfinum distanc~ between that lot 1'il\e ahud a.rtY bui'-l1~g or M ' ,st~uc~ure,c wllichc- ll'lAy be UerectoEicto ~ c ~ ~..::. ZGo $' BuiJ.dW&t 'Lo~, meansv'the land appropriated 'for the < C G '-' ~ ~ 'exc'1usive': us. 'of:' ori'e dWe'11.ing or 'the :rand "'appropriated , - ~or ,theV exclusi, ve ~~e' of oue- ho't~e1. '--'or :COimDerci~ or , , " ~ ,'- indlisVt r ial ~e st'ab1. f'sn.en~'- '- ~ v< ..... , . ,'" ~ ,_,)i..... z.,6 Bui1di~ Mai.n: means a buildiUng ,in ~hich the ,principal - usVa 'is' conducted 'on'" Duild:Lng 'lot' oIi' which- it '1.$' ~ ~'- located. In the residential. zone the~c:iwel'ling is ,\ tne main 'bui:td:rn~, v .. , v u "L Page 4 Regular Meet~ng of Council 7 May 1968 continued: 2.7 ~.llin~ - one f~ily: means a separate building containing only one dwelling unit, 2,8 Dwe]l:1n~ - twofa~ilv: means a separate building containing only two dwelling units. 2.9 Dw.llin~ - S_id.tanh.d:< means a building that is divided ve~icallyinto tw,o dwelling units. 2.10 Dw.llin~- DuDl~: means a building that is divided < horizontally into two dwelling units each o~ which has an independen~ entrance, 2.11 DwelliPi' Unit: means one or more habitable room,s designed ~o~ use by and occupied by not, more than one family and in which sepaJZte kitchen and sanitary facilities are provided for the exclusive use of such a family. With a Private entrance from outside the building or from a common hallway or stai~ay inside the building. 2,12 Family: means one or more persons living as a single housekeeping unit in a dwelling unit and includes: '(1) domestic servants (2) ropm.ers or boarders - two only, 2.13 Floo~ area: means, with reference to' a one' ~amily dwelling, the total f"loor area of all stor'eys or: hal~ stor'eys contained Within the exterior faces :of the exterior walls o~ a building, put excluding any p~ivate- garage, breeze- way, porch, verandah, sunroami attic. basement or cellar, 2.14 Hei~ht: means, when used ~th reference to a building, the surface of the ground at the front of the building and (1) (~) (3) in the case o~ a flat roof, the highest point of the roof surface or the parapet, whichever is the grea~er, in the case of a mansard rOOf, the deck roof line, and, in the ease of a gable, hip or gambrel roof, the mean height between the eaves and ridge. ~,15 1&.Qt.: means a pa.rcel of lanu; which fronts on a public highway whioh ~as been assumed for publiC use as a public highway whether such a parcel is described in a registered plan of subdivision. including any of its parts which are subject t. right-o~-way or easement; 2.16 Lot Al-aa& me&ria the total horizontal area within the lot 11nes o~ a lot. In the case ofa corner lot haVing street lines rounding at the corner with a radius of twenty feet or less, the lot area of such lots shallbe calculated as if the lot lines were produced to their point of intersection. ~ 2.17 Lot novera~e: m~ans that percentage of the lot area covered by bUilaings, including ac~essory buildings. 2.18 I.tot f:ronta~e: means the horizontal'distanee between the I \,' side lot lines measured along the front lot line. Where the front lot line is not a straight line, or where the side lot lines are not paral~el, the lot frontage shall be measured along a line twehty-five teet back from and parallel to, the street line. ' - 2.19 Lat line: means 'the ~ot, line that divides the lot from ~ the street~,- provided. that. in the case o',!" a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line and the longer lot line that abuts a street shall be termed the flankage of the lot. In the case o~ a lot abutting, ona navigable body of water and not abutting any street, the line opposite the water shallb. the front lot line. 2.20 Lot ~'ne - :rear: means the lot line opposite the front lot line. 2.21 Lot line - aidas means & lo~ line other than 'a front or rear lot 'line. , 2.22 Obp.oxiou. U.el an of~ensive trade within the mea.ning of the Public H.alth Act or any uBe which is o~fensive or dangerous by reason of the emission of odour, amoke, dust, nois., gas, fumes, vibration or refuse matter. a .83 Z&r.Q.: means an open, uncovered and unoccupied space appurtenant to a building. , 2.2Jt, Yard -F:ront: means a yard exte'nding across the vfull width o~ a building lot on which a bUilding is situate, and from the front lot line to the nea.rest, main wall of the building or buildings for which such front yard is re,uired. . . Page 5 Regular Meeting of Council 7 May 1968,continued: " 2.25 Ya:rd - R&a:r t means a yard extend.ing across, the full width of a bUilding lot,-on which a building is situate, and from the~raar lot line to the nearest main wall of the building orbuildinga for which such ;oear yard is reftuired. - " ~,~ _ - 2.26 Yal'"d - Side, . means a' 'yard extending from \ the 'front - yard to the rear yard and,'from thesid.e lot line to the nearest main wall of the building or buildings for~which such side yard is required. \ I 2.27 F~I means general agricultural, uses which are not obnoxious, to the publiC welfare including farm buildings,' field crops, ~ gardening, ,nurseries, orchards, kennel., forestry and the processing of forestry products, fishing, trapping and seasonal fruit, 'Teg_table, flower and farm produce, sa1es(o~tlets. 2.28 E:r&ctl when used in this by-law includes building, construot1on~, reconstruction and~pel.cati.ft and, without 'limiting the generality of the woril, also includes: ~ ~ ~ {a) &RY preliminary'--'physical operation,., such as , ,'~ excavating,., filling:.-or drai.ningJ~ (b) altering any e~isting building or structure by ~ can~addition,. enlargement, extension or other ~, structur&l ~change; and " c.. , L (c) any work for the doing ofwh;l.ch a building permit is required under the Building By-Law of the Corporation. I SECTION ~ - ~ENER.AL PROVISIOHS\... :.. ~ ~ 3.1 ~ ~Qp.es: For the purpose of this By-law, the following zones are established,. as shown on Schedule "An. ZOP& ' ,- ZOpA Symbol Residential ~ -un , Residential ' ~R.2~ Commercial !Cn_ Industrial c.. l ~.. ~ Open Space ~ , ~ !!OS~ Development !~U_ < - Agriculture !A.~ No person. shall, use <land or erect or use, a building or(structure except in accordance with the general "and special previsions ef t th,is By-law applying to the zone in~which":'the Qand, building or~atructure is, er is to ee. located. 3.2 Zona Bounda:ri&s: 'Where the boundary~line of a aone does not)eoincide with- a property lin8~ the loca.tion. of the boundary ~ line-8hall-he scaled ~rom-the Zoning Map. Multi pl tII Use4i1 3.3 (a)' Where any land orbuilding~isus.d fer)more than one purpose, all provi-aions ofvthis By-law relating ~ c t. each use s-hall be complied with provided that no , ' dwe1.l4.ng ,is located cloaerthan 25 feet to an,. other building on the lot except a building accessory to such iiw.1J.ing. (b) No person shall erect or useanybuild1ng for < residential purposes unless such building ia erected , upon a lot. (c) No person sha~l erect~or use for residential purposes any building upon any lot whereon: there ~ then exists, or is in the course of construction, or ~' ~~or which a bu~lding permit has been issued on behalf of the muniai-pality, a building erected or used or intended to be used for residential purposes. 3.4 He-:i,ht Reatl'\ietionSI ;... ~ ~otwithsta~ding the height provisions herein contained, nothing in thi~ By-law shall prevent the erection andl ~_ _ ~_ . or use of a ch~r~h spire, ~ belfry. a<flag po}~ a -clock tower, a cp,imney, ~ ~ater t~, ,a ,~acU._o or televisipn tower or ante.nna, an ~l.~ator _pent-house, aIL air conditioner duct, ,a skylight, a ,grain ~leTator, a b~n ,or_ a .silo.v ~ \ - ,~'.h,. ,,"',""W.CC","-"'::,->"'" "'.c:'?"4?;R"~ Page 6 Regular Meeting of Council 7 ~y 1968~continued: ~v 3.5 PubliCi Uses: _ : ,., Nothing in this by-~aw,shall prevent~the use of any ,- land as a publiC park,ccommunity pa~k" playground, - highway orr.ight~of-way~ 3.6 .ac8fsorv bui]din~s:' ) ~~ ,(a) ~The total areaQ~cupied by:acees$ory._buildings ,shall not exceed ten percent ofvthe area of the lot on which itvissituate. " ~~ (b) No acceasor7',builqing shaJ.l, bee erected at a distance of lesa_. than, four, feet froD\-.the I'e~r or sideclot ,line of any lot and_when not atta~hed to the(ma~n~building_shall be located 11.n the"rear ya.rd at, least, ten {eet from the ,_main, building . ~ ~ (v ~ . u (c)vcNo, accessory building shall ~e ,used tor human habitation. ,_ c \ :~, ~ "" _ (d) ~No aceeasorv buildingcsha.~lGe%ceedv15_feet in CJ~, ~ l..-) vI height or,',be more than one' stQrey.. v' 3.7 ' Landa Subject to F~oodinil :v~ In~a4.1vsonea theLerection of buildinga_ot......tructures for res:f..dentialor,commercia+ purposes .shall be prohibited, on.land that'is subject to rl~oding or vonvland_where .y reason of :t-ts'rocky. lOW-lying, marshy or unstable c~racter, the cost.of satisfactory waterworks, ae_age or drainage facilitie.~!s pro- hibitiv.e. Nor'shall any buildingior structure or appurtenance thereto (other than conservation or flood control projects) be installed within ,(loot) one hundred feet of any stream or river bank, or~the flood~plain ~f,any water course, as determined by , . I. an Ontari 0 Land Surveyor. ~ , c.." 3.8 PePmitt.d Public Uses: The prOVisions of this by-law shall not apply to the use'of\any land or to the erection arc use of any building or structure for the purposevof' public service"by'the Corporation of tl8 T.own.sbip of' Cla.rke or by any local Board thereof defined by, the Town- ship of Clarke or by any local Board thereof defined by\the Department of Municipal_Affairs Act, Chapter 98,_R.$.O. 1960, the UnitedvCol,lnties of , Northumberland and ;Durham" any telephone, gas or 'telegraph company. any department or~ agent, of the ~ Goyer:mnent of On~ario or Cana.da,incsl~ing the Hydro-Electric Power Co,mmdssionvor_Ontar~o, provided that: : ~ _ , v, :::; ~ ,v~ (al ~he lotvcoyerage,' setback and, ya.rd requirements J ' pre.c~ib.dL for th~k aone in, wbich,_ such, land, ~building or structure is locatedlsballbe complied with. : " ~; ~ v (bJ Ho" good\ m&t~rial,l or equipB1el1t, aha~l) be ~tered -' :i,.n the opeJL in a' residen.ti..l_ aone. ( u (0) Any buiilding erected ilL a, Re aidel1t ;iaJ.. aone under ,.J, v the a.athority, Df thi. paragraph ahalil. be designed ,- "', and maintained, in general harmony with residen- tial buildings of the type per"Uldtted ;in the aone . SECTION '3.q PARKIHG JlEPUI~E~NTS: _ " \ I ' , :.. In, any .on. the ownervof every building hereatj;er erected, enlarged or changed in u~e after the passing 9f this By-law shal-l' provide parking space, in acc,ordance' with tl1e follOWing sched.ule I (T~, of JauiJ.dinlr ' - a-building containing one or more dwelling units L . '- ~ v C ~ u l v , \, Pa~k~nr Reqpi~&d One (1) par~ingspace, or (one .garage or, one carport per dwelling unit : ,Four parkingspac,es for ,each practising doctor or dentist v Where therevare fixed seats. ~ne~ parking apa.. for every five seats, or ten feet of bench' space. Where there are ne ':fixed seats.. one parking space for each 100 square feet of floor area devoted to public use. . - clinic ~ \ L. ~ ' , ~ ehurohe s,- auditoria, < l. restaurants" theatrea,:',< ; arenas,' hal'1.a, pria.rate -clubs and other place s< of assembly (including :tune ral home s) . Page 7 Regular Meeting o~ Council 7 May 1968 continued: -hospitals, institutions one parking space for each two beds o.r 400 'square :feet of floor area w~ichev.r is greater, plus one adddtional space foreac&~esiQent doct.r or resident e~loyee. ~ one parking spac.. ~ suite for the .first ZO suites. one~additional parking space per 5 suites above 20 suites. One additional- parking space for each 100 squa~e feet of floor area ,devoted to public use. One- parking space ~- 300 square '- feet... o~ total n-oo~ area. ~ One parking -space :ror every 100 square:.. ~eet .of total tloor area. . -- -- !:..-.... \. I -Hotels " < - ~ -- -Offices ~ " , " -Sel~-service grocer~, Departmental '5to,re, , wholesale <0r discount, - bl1sine ss -other permitted , Commercial -Uses:. ~ -Shoppang Centres :.- -School'&- -Industrial t :.. One parking space for each ~ zoo.. squar. f~et.- of total ~ \floor area. ' - 15 parki.ng spaces , ' 1,000 square teet floor area" sales One parking capace classroom., ~ At least one parking space for every l,OO~ square feet ,of~ ,total flO-or areal up to 20,000 square ~eet plus one additional space for every 5,000 square feet of total floor ~rea ov.r ,0,000 square feet including any basement area. if used fQ~.industrial use. or -Two pa~ngspaces ,in addition to spaces required for a dwelling un:i.t.... for each of total and office. for; each -Physi~ian, dentist, other protessional person who has estab- lishe~an of:fice ,for consultation-or other emergency t~tmentin ~ -his pri .....ate resicience. ~ ~, ~ ~ 3.10 "Fa. -rkine- A.-rea Req,)lii -remAnts: ~- Parking a.reas shall CODf-CDrDl ,tCD the following.. requirements: (a) . The park-i:.ng area shall be in "the same zone and ~thin 500 feet CDfthe -J..ocatiCDn it -..is .intended to serve. (b) Each parking --apace, ,shall be., 10.. feet by 20 :feet and shall -be provided with unobstructed aCQess to a street by a driveway, aisle -or :..lane. \~.; ~ ' ( c } T-he parking area and. approache s shall be surfaced with concrete, -asphalt, crus~ed stone,... gravel or ~a combination, thereof with a stable surface t treated to,prevent-the raising of dust or loose particle s . \ ~ :3 .11 Obnoxious Uses: \ ~J No obnoxious use shall be-permitted within the Defined Area. 3.12 >>Wellin, Un~~s: Basement or Cellar: No-basement or cellar or ,part of a basement or cellar o~ any building shall, be used as a complete dwelling unit and no part of a basement or cellar -maybe. used,- for calculating, the required min~um floor area of any residence. I; SECTION~h - RESIDENTIAL ZONE WR1N \~; ~.l No person shall within the residential zone use any lot or 'rect, alter or use any building or.- structure :for any purpose except CDne or more-of the ~ollowing useS. d t 1 1. 1. 4.a -Resi en, ia uses: " , '-'... ' . (a) single family dwelling" house .'~., (b) semi-detached dwelling house (c) duplex dwelling house ,.,,"~~ Page 8 : Regular Meeting of Council 7 May 1968 continued: 4.3 Non-resid~tia] uses: ,(a) Churches Jb) , Cli:Qic , (c) ,Schools -~ not operated for profit or gain Cd) JloslUtAls , . (e) llursing Homes . ,4.4 _ Acces~r7 buildings incidental to any of. the above' permitted uses. .. 4.5- Nothing in this section shall prevent a person reSiding in. a. dwelling unit from carrying on any domestic ,or hoi1se,ho~d art, a physician'or other medical .practitioner, a dentist, a lawyer, an insuranca agent, an engineer, an architect, an _ accountant or travelling salesman from using as professional offices not more than 25% of the total ,f'~oor area of the dWelling in which he or she is dGmiciled, provided ~hat:- (a) there shall be no advertising other than a nonilluminated sign not more than one square f.oot in area. (b) No person ether ~han those residing in the dwelling ia employed therein except in the case ofa physician or other medied practitioner and a dentist i~ which case the staff may be limite~ to one employee. (c) Ther.. is no external storage of goods o,r materials. (d) There are no goods, wares or mer.chandise kept pr offered for sale. (e) There is no mechanical or other equipment used except t~twhich is customarily employed in dwellings fOr domestic or household purpQses or for~ use by a dentist, physician or t ~ther medical practitioner or other professional persons. , 4.6LQt StanQards and BuildinQ' Size: Shall .be .in accordance wit~ re'gulat~o:Qs ~contai-ned in Table -J:. 4.7 U~per Sf... Lot: '. Where a building lot having a~esser tro~tage or area than that required herein is he14 under distinct and separate ownership from adjacent building lots at the time of the passing of this By-law as shown by the records of tneRegistry or. Land Titles Office, a dwelling may be erected and used on such smaller building lot provided that it conforms to ,al). other requirements of this :By-law. 4.8 ~Mfnimum Yard. for dwelli~~s: (1) Front ya.rd minimum 20 feet (2) . Side yard Dtin~um Where there, i8 no garage .atta.ched or ,to be, ,a,ttached t~the main bUil4.ing, one ~sid.e yard shall have a minimum width of 14 feet and the oth~r side a minimum width of 4 feet for a one storey, plus two (2) feet for each additional half or full storey. (3) Rear yard minimum :" One third of the depth of the building lot but in no case less than 35 feet in depth. 4.9 One DwellinQ' pgr Lot:: , In a ,residential ZQne not :more than one private single family or semi~detached Qr duplex shall be erected on a,lot. . 4.10 Minimum Xards for'ge~itted non-resld&n~ial; (1) Front, side and ~e4r yards each 25 feet. (2) No accessory bllild.ingshall excee~ IS feet o:r.\ . Lone stQrey in height,. 4~11 Hei~ht for non-~esid.ntial,buil~~~s~~ ' Maximum. height :rornon-r4tt~id.ntci.l buildings in the residential zene URW shall ~e.4 storeys and shall not exceed 40 feet." "~, . . Page 9 . Regular Meeting of Council 7 May 1968 continued: SECTION r:; 5.1 &:. .. 5.2 5.3 5.Jt, 5.5 5.6 5.7 - RF.~ID'NTTAL ZON, "RZ":.' " Residential Zone "R2" Pe~mit~ed Usas: No person shall within the resi~ential aone use any lot or erect~ alter or,use any building or structure for any<purpose except,one or more of the following uses. Residential Usesl (a) single family dwelling house Acc.sso~y Buildin~s: Aeee..ory-~ild~Dgs-iBe~..R~~ to, the above permittee use s . Lot Standa~da & Buildin~ Size: Lot Standards and bu~ldipg siae shall be in accordance with Table II. One pwellin~ Par Lot: ~ a Resid~tial R2 Zone not more than one private single f~ily dwelling. All development in the RZ Zone shall be subject to approval of survey and/or subdivision agreement. Nothing in this section shall prevent a person residing in a dwelling unit from carrying on any domestic or household art~ a physician or other medical practitioner, a dentist~ a lawyer, an insurance agent, an engineer, an architect, an accountant or travelling salesman fr~m using as professional offices not more than Z5% of the total floor area of the dwelling in which he or she is domiciled~ p~ovideQ ~bat:- (a) there shall be no advertising other than a nonilluminated sign not more than one square foot in area. .' , (b) No person other than those residing in the , dwelling is employed therein except in the case of a physician or other medical practitioner and a dentist in which case the staff may be limited to one employee. (c) There is no extep~ storage of goods.. or materi.aJ.s. (d) There are no goods, wares or' ~erchandist" ~~pt or offered fQr sale. (e) There ;is no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or househotd 'purposes o~ for use by a dentist, physician or other meaical practitio~er or other professional persons. TABLE I Lot, helling and Height Requirem~nts .in Residential Zone "Rl.. \ _I TYPE. O_F B 8 I L D ~ , 'O~~ Fa~ily Semi-d~taehed I,N G Duplex Min. Bldg. Lot area in sq. ft. \ I Where there is neither public water supply nor sanitary sewers " :. , I l5~000 1~,C)00 \ , 15,000 Min. area free of bldg.. ,i~ sq. :ft" . 10~000 Min. Ldt Frontage in ft. Min. Bldg. Lot area in sq.' ft Min. area free , '< of bldgs. in sq. ft. 10,000 \ '- I 10,000 \ lZO lZO 120 Where there is a,. p\1bli~ water supply, b~t not: sanitary sewers \ . ~O#OOO 10,000 7,500 6,500 6,500 5,000 Min. Lot Frontage in ft. 75 100 100 C"",,!'H~':"'C"''''')': Page 10 Regular Meeting of Ccnmcil 7 May 1968 continued: Where there is a public water supply and sanitary sewers ~ Min. Bldg. Lot area in sq.ft~. "5,000 " 6,000 6,000 Min. area' free of bldgs. in < :... sq.ft~ 3,300 !t.,ooo 4,000 " Min. Lot Frontage in ft. 60 !75 \, ) 75 -- "-'.'. '-' '" '- ' . ------~-----.~-----------~---~._. Dwelling Require- Min. groUnd floor , ment area; in~ sq. ft. Lot Require- ments ' 960 $40 per 840 per -dwelling unit dwelling unit Height maximum ~ 30 ft. 30 ft. 30 ft. TABLE, II - "REt. " \ Estate Lots ~ .. M1.ninium Lot Size Minimum Frontage Minimum Setback ~ Minimum- Side Yard 1 acre 150 ft. 50 ft. 25 ft. ~ ~ Dwelling Require- ments Minimum ground 1200 sq. ft. floor area TABLE IIr;.. '"A" - "OS" R.esort Dwelling' \, , SECTION 6 6.1 ~ ...~ '- \. 6.2 With Sanita.ry'disposal to conform to North- umberland-Durham Health Unit Regulations. Minimum floor areal 720 sq. ft. Min~mum LotSi$e 1 acre Minimum Frontage 150 ft. Minimum Setback 50 ft. .. COMMERCI"AL ZONE MC":' \ :... CO~t-cia] "ZOl'lt!l! Pe:rmi ttt!l!d Uses: No person shall ~ la~d or ~rect 'or use a building or structure' in~Commereia.l Zone (~) for one or more' of the follOWing ~poses: -' ~ \) (1) any retaii store not engaged~in manufacturing in the premiseS- unless such manufacturing is incident'al td such retail business, does not exceed fifty percent (50%) of the floor area and the products manufactured are prtmaIily for sale at retail on the premises. (Z) Office (3) '~st~urant (4) Hotel ' (5) Clubroom~ private club or fraternal organization. (6) Theatre (?) Service Station (8) Barber Shop (9) Beauty Parlour (10) Billiard or Poolroom (11) Dance Hall (12) Undertaking establishment (13) Laundry or~dry cleaning establishment (14) Hewspaper office and/or plant (15) Telephone Exchange (16) Lodging and/or Boarding House (17) Ba.k.eShop- (18) Shoe Repair Shop (19) Accessory Buildings, incidental to the aboTe uses. (Zo) A residenc.may be part of the commercial use providing it is located within the same building as anyone of the abo'Y'e uses, and has a minimum of 600 sq. ft. of living space exclusive of halls and stairways and shall be above the first floor. No Shopp~ Centre may be established unless it is in accordance with an approved site plan and in an area re-zoned for this specific use. . Page 11 Regular Meeting of Council 7 May 1968 continued: \J 6.3 MinimumXa~ds1 In the uCu zone (a) each"building will be set b,ack from the street line a distance equal to the average set back of the existing buildings within the same street block. 6.4 Bui ldil'\i A~ea,a No building including accessory buildings thereto shall occupy more than seventy-five (75) percent of the area of a. lot or parcel on which, it-is situated. 6.5 Buildini Height: In the ~C" 2;one ,buildings shall have a. maximum. height Of~40 feet. SECTION? INDUSTRIAL ZONE "Ml": 7.1 Indust~ia' ,Zone ltM1 it~Pe~~itted Usesa In the industrial zone, hereinafter referred to as Zone Ml, the requirements shall be as follow-sa (a) subject to the provisions of part (b) of this paragraph which follows, any building or part thereof may be used for any industrial purpose. ,(b) no industrial building or part thereof shall be used for any purpose which from its nature or materials used therein is or<may become obnoxious by reason of the~emission of odour, dust, ~smoke, noise, gas, rumes.cindEr' s, vibrations. refuse matter, or water-carried t waj;es. (c) no uses other than industrial uses and essential caretakers' residences shall be permitted in the Industrial.Zone MI. 7.2 SetbacKS In the Ml Zone there shall be a setback of not less than 25 feet. except that where industrial land is across from a residential zone the setback shall be a minimum of 50 feet. 7.3 Side Ya~di.: In the Ml Zone there shall be two side yards each of ' not less than 15 feet in width except that where the side yard of the industrial land a.buts a residential zone the minimum s~e yard on this aide shall be 50 feet. 7.4 Rea~ Y.~ds: In the Ml Zone thee shall be a rear yard of not less than Z5 feet in dept~, except that whee ,the rear yard of the industrial land abuts a residential zone the minimum rear yard shall be 50 feet. 7.5 Height: No building or structure in the ,MlJZone shall exceed 40 feet in-height. S~CTION 8 - OPEN ~PACE PROVISIONS (ZO:m:HOS") 8.l Qpen Snaae Pepmitted Uses: No person shall use land,.or erect or use a building or structure in an~Open Space, (OS) zone, except for one or'moreof the following uses: (a) Resort Dwellingt- subject to Table III. (b) Public or private' parkS, including tourist camping facilities; refreshment. rooms; (c) Public<buildings including museum or display. ,,< arenas. community thalls, water supply or wastes disposaltfacilities; sports fields (courts or greens). entertainment facilities. (d) Pools, bandstands; (e) Boating facilities, including erection of priva.te boathouses where boat, or boa.ts may be kept; t (f) Golf courses or golf driving ranges, (g) Schools, hospitals, churches" (h) Dwel~ing unit for a caretaker or an essential , workman whose presenc:e on the premises is necessary at all times; (i) , Accessory uses to the above uses including parking areas. Cl ., '~, ... 'if\<c~i'!:~';~}} Page 12 Regular Meeting of Council 7 M~y 1968 continued: 8.2 Any building il'l an Open Spaee Zone shall have a minimum distance of 25 feet from any lot line, except a boathouse which may be er~~te~. ~p to those portions of the lot that, so abuts the navigable water. 8.3 Lot covera~e: , _ No building Qr structure shall be built in an Open Space Zone having a coverage greater than 5% of the lot area. ,< , SECTION q - DEVELOPMEJIT ZONE (Zone ":o"} 9.1 Dev$~o~nt ZQne Permitted.Uses: In :the Devel,Gpment Zone (Zone "D!1') the permitted uses shall be as follows: (a) Only the existingu~es at the time of the pass::Lilg of this By-lawareperm,itted until rezoned to a specific urb~ category upon merit. 9.2 Fa~me~ Re~ainin~ Lot: < ,Notwithstanding any provisions, o~ this,~1-law to the contrary, a bona ~ide farJller" whose chief source o~ income is derived from farming operations con- sisting ,in whole or in: part of growing,crops, raising cattle or live~tock or operating a dairy farm, may retain a lot from the sale of his farm and erect, alter or use thereon a Single-family < detac~ed dwe~ling<in accprdance<with the provisions , ,-of Table I~ of this by,-la~, for a residential use ~orpersons employed on the s~e ~ot, provided ,that. if the land is subJ'ect to a subdi v.ision \ ~ I control by-law ,then th.is 1pa~agrap~shall not apply except and unless, a consent to the separation of the lot is obtained from the Co~it~eeo~ ~~just- ment orfroDl the ,Minister of }.funicipal Af~airs if there is noComm:i,ttee o~ Adj?stment~ and further ~rovided that Juch Single-family detach~d dwelling and lot shall be deemeq a permitted use for subsequent purchasers and own&.rs the~eof. SEC-TJ;ON 10 - ,AGRICULTURE ZONE "A": No personshallwithin"any Agri~ultural Zone, use any land or erect, alter or use any building or structure, except for such purposes and in accord- ance with such regulations as are permitted by and are in accordance with th~ fo+low~ng provisions : (a) Permi~tedUse~: (i) All farming uses and uses accessory thereto including one family 4etached dwellings. (ii) Agricultural: General agricultural uses w~ich are not obnox~ou,s to the publiC welfare including farm:buildings, field crops, gard~ning, nurse~ies, orchards) kennels, forestry , \ land the processing of forestry products, : fishing, trapping and seasonal fruit, veg~table, flow~r and farm ~r9duce sales ~ o~tlets. " , \ ) (iii) Institll1tional:, HospitAls, clinics,~librari~~. churches, s~hools, commun~ty centres, municipal buildings, ~emeterles,'mausoleums, ~. columb~ium~, or crematoriums established with th~ appr9val of the De:partment of Health~unde~,t~e Cemeteries,~ct. (~v) Recreational:, . Parks, playground~ and golf courses. (v) Resort Dwell~ng: l~bject to 1able III) (vi) R.ural ~o:rae Occupa~ion and t~elo~fice of a vaterinary surgeon, and premises for the 'emergency treatment of an/imals. (b) Area R~uirEnDents No .person shall within any agricultural (a) Zone erect or use ,any building or structure except in accordance with the provisions set out in Table II. & III. . . Page 13 Regular Meeting of Council 7 May 1968 continued: ~ SECTION 11 - CONFORMITY: The purpose for which any land or building is used shall not be changed, no new building or addition to any existing building shall be erected, and ho land shall be severed from an existing building lot, if the effect of such changes, erection or severance is to create a situation in which any of the requirements of the by-law in regards to each individual remaining building, accessory building or building lot is contravened. ~CTION ]2 - NO~-CONFO~ITY:(Continuation of Existing Uses) Nothing in this by-law shall prevent the use of any land, building or structure for any purpose pro- hibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law so long as it continues to be used for that purpose. If a non-conforming building or structure should be damaged by fire, flood, wind or earthquake nothing in this by-law shall prevent such a building from being strengthened to a safe condition providing that such alteration or repair does not change the height, size or volume or change the use of such building or structure. ~CTION 11 - ~IOR BUILDING PE~~: Nothing in this By-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the day of passing of the By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it is to be erected. SECTION'lh. - EXC~PTIONS - Industr1Jil, Open Space or 'Deve]op- me.nt Zones: (i) Nothing in this by-law shall prevent the lands in the Industrial (M or Ml) Open Space or Development Zones from being used for one or more of the following uses: an apiaz:-y an aviary a berry or bush crop a field crop a flower garden a greenhouse a horticultural nursery a kennel establishment for domestic pets a market garden an orchard a public use in accordance with section 3.8 hereof a tree crop temproary buildings necessary to the operation of the above uses shall be permitted on the same lot, and only for so long as is necessary for the work in progress. (ii) Parks, road allowances, ditches, culverts or property entrances in the public domain shall not be altered, or the land worked other than by the proper authority. SECTION l~ ADMINISTRATION: 15.1 Zonjni Aqministration. This By-law shall be administered by a person designated from time to time by the Council, as the Zoning Administrator. 15.2 Applicatinn~ and Plana. In addition to the requirements of the Building By-law, every application for a building permit shall be accompanied "by plans, in triplicate, drawn to an appropriate scale, based upon the actual survey showing the true shape and dimensions of the lot to be used, or upon which it is proposed to erect any building or structure, and showing the proposed location, height and dimension of the building or structure already erected on or partly on such lot, together with a block plan and statement signed by the owner or .~ Page 14 Regular Meeting of Council 7 May 1968 continued: his agent duly authorized in writing filed with the Zoning Administrator, which statement shall set forth in detail the correct and intended use of each building and structure or part thereof and all information necessary to determine whether or not every such building and structure conforms with the aforesaid requirements of this By-law. 15.3 I9apection o~ land, Buildinis ~ Structures: The Zoning Administrator is hereby authorized after appropriate notice to enter at all reasonable hours for purposes of inspection upon any property or premises. 15.4 Penalty Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting magistrate, a penalty of not less than fifty dollars ($50.00) and not more than three hundred dollars ($300.00) exclusive of costs for each offence, and The Summary Convictions Act, as provided and limited by The Municipal Act, shall apply thereto. 15.5 Date o~ By-~ax This By-law shall take effect from the date of passage by Council and shall come into force upon approval by The Ontario Municipal Board. By-Law l{Q. ll)q] Being a By-Law to repeal By-Law No. 1517, A Restricted Area By-Law. Whereas the Council of the Corporation of the Township of Clarke, after due deliberation, have deemed it expedient to repeal By-Law No. 1517; Now Therefore Be It Enacted By the Council of the Corporation of the Township of Clarke:- That By~Law No. 1517 be and the same is hereby repealed. R~g)utipn No. Q1:Moved by W.R.Carveth,seconded by J.W.Stone: This Council hereby ad-journto meet again on Tuesday June 4, 1968, at 10 a.m. in regular meeting in the Council Chamber at Orono or otherwise in special meeting at the call ot:~~:~.e~~_7ied. ;Z; ~ ~ Clerk. Reeve. '. SPECIAL MEETING OF THE COUNCIL OF THE TOWNSHIP OF CLARKE Thursday, 23 May 1968 at 8 p.m. Council Chamber, Orono. Present: Reeve Roy A. Foster Deputy Reeve H. E. Walkey Councillor W. R. Carveth Councillor F. A. Gray Councillor J. W. Stone Clerk H. E. Millson Special meeting of Council was called by Reeve Roy A. Foster to consider the business herein recorded. Messrs. Wm. Slater, Carlos Tamblyn and George Carson, representing the Durham Central Agricultural Society, met with Council to consider and discuss a written offer of the society to purchase certain lands south of the Fair Grounds together with the old municipal road garage. This business was concluded by resolution. The following correspondence was read out by the Reeve: Durham Central Agricultural Society re offer to purchase Land.-Tabled to Nov. Council meeting. Pamphlet entitled 'Industry' published by The Canadian Manufacturers' Association for May 1968.-Filed. E. R. Lovekin, Barrister and Solicitor, re By-Law 1590 - Mechanical Errors.-Filed. The following resolutions were passed: Resolutio~ No. ~:Moved by Frank Gray, seconded by J.W.Stone: Resolve that the following employees receive the following salary and hourly wage increases effective as of January 1, 1968:- H. E. Millson, Clerk-Treasurer -$500.00 M. L. Ross, Road Superintendent -$500.00 H. DeWith, Road Clerk, Welfare Administrator and Accountant Mrs. J. V. Norton,Assistant to the Mrs. D. Stark, Stenographer 1. 2. 3. . -$750.00 Treasurer -$300.00 - .25i per hour.-Carried.