Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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.