HomeMy WebLinkAbout05/23/1968 (Special Meeting)
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That By~Law No. 1517 be and the same is hereby repealed.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.
Page Z
Special Meetin~ o~ Council 23 May 1968, continued:
~
t Resolution No. qt;:.Mo-ved by J..W.Stone,seeQ.nded: by, Frank Gray:
Re~olve that,this Council~hereby agree with the Du~ham
Central Agricultural Society to enter into a 'lease ~o provide
the said Society~ thet use of the Town-shi,plands be~ng part Lo~",;,
28,~ Concessipn...s, ,situated s.a.uth o-f the F-air Grounds. Furt.~.';.'i'
that the said Society shall provd.de ,a-cces's to- the old Tow> ' lp
Gara~ foo-, the use -or this-- municipali-t-y~ at all t:Unes. -Carried.
'The following By-Laws were read a f.irst, second and third
tim~." <signed, ,sealed and~ numbered and ,f4.nally passed:
By-Law. No. It;q2 " ,
Reing a hy-law- to regula.te- the u,se -of, land and the ~
character, location and use ,of buildings and atructures in
the Township of Clarke.
* *~* * * * ** * * * * * * * * * * * *
Whe'reas'authority:is,granted under 'section 30 of The
Planning Act R.S.O. 1960. subject to the approval of the
Ontario Munic1.pal Board, to pass this By.law.'
NOW THEREFORE THE COUNCIL OF THE CORPORAT ION OF THE
TOWNSHIP OF, CLARKE ENACTS AS FOLLOWSI
SECTION 1 - TITLEI, ~'
~ 1.1 This By-law may be cited~ as the Zoning, By-law.
1.2 The Zoning Map hereunto annexed as Schedule NAtI
is declared to be part of, the: By.-law..~ " "
SECTION 2 - DEFINJ;1 IOl(~ I <
2.l For the purpose of this by~law, th.e f'ollwing
words and phrases aha 11 have themeai11ngs given
t below .
2.~ Aeeessory Buildi~~:means, a detached building, ,the
use ofwhich~i. incidental, or secondar,y to that
of the main building aDd not used tor human habitation,
located on the same lot with the main~building and
includes a private garage. ~ -~ "
2.3~ Ae4esso~y Us.~ means a use~eusto.marily incidental and
subordinate,to the principal~use or build~ng and
located on,the same lot,with such principal use or
bUilding..
2~4~ Build-i~~ Linel means, a line within, a lot, drawn
parallel to a~lot line and establishes the minimum
distance between that, lot line and any building
or structure, which may be erected.
2.5 Buildin, Lo~; means the-lud appropriated. f'or the
exolusive use of one dwelling or the land approp-
riated for the exclusive use of' one hotel or- ~
commercial or industrial establishment.
,2.6 Build-inl' Mains meaa':'.. 'bu.ilding in whiCh the. ~
principal use, is oonducted on building lot on which
it ia located. In the residential aone the
dwelling is<the ~in bu~ldingt ~
2.7 lAfellip.~ - ona :familYI means a. separate building
containing only one dw,lling unit.,
2.8 DwAJIin~ - two ~~mily; means a separate building
containing only two ,dwelling, units. ,
2.9 Dwelling - Semi d~~achepl means a building that is
,divided vertically into two dwelli~g ,units.
2.10 ~ellin~ - ~lexs means a building that is
divided horiaontally into two dwelling units
each;. of which has an i,n~peJldent, ent-ra.nc,e. _,_
2.11 DweJlin~Un:l~1 mea~s one or more habitable rooms
designed for u.e by and occupied br not more than
one ~am1ly and in which separate ki~che~ and
sanitary facilitj.es are provided f.o,," t~ exclusive
use of such.a f.amily. Wit.h_ a privatee~tr8J\.c;:e~
f'rom out.aide the building 0.1'. f'r,9m a... eo~on hallway
or. stairway :inside t.he building., ~
2..12 Fmni 1 y: means, one or JDor~e personllli ving as a
;single. housekeep:l.:ng u.nit.. i,.n :& dw~l_ling ~it ,an9
includes 1 ,~ ,
< (1) Dom.~o'..rva..nts <'
~, ,(2) Roomer. or boar~ers -twp onl~.
2.1.3 PI QO~ . area.: ~a.na,w~h ~eference ~o ill. one family
dwelling, thet~tal,floor ~ea of ~l storeys or
half storeys contained within the exterior faces of
the exteriQr walls of "a building, but exclu4izy!; any
private garage, breeaeway, porch, verandah, sunroom,
attic, basement or cellar.
L
'"
'- - ,
~
-,-,,-,.....,..,..,.,..,-:-r'''"T'~'~',.>~ ',~P:;r:~,~
Page 3
Special Meeting of Council 23 May 1968 continued:
2.11+ Hei4Zht: means, when usea with reference to a,build.ing,'
the surface of the ground at the front of the building
and ---
(I) in the case of a flat roof, the highest point
of the roof surface or the parapet, whichever
is the greater,
" (2) in the case of a mansard roof, the deck roof
line, and,
(3) in the case of a gable, hip or gambrel root:,
the mean height between the eaves and,ridge.
2.l5 1dU;.: means a parcel of land, which f'!"onts on a public
highway which has been assumed for public use as a
public highway whether such a.parcel is described
in a registered plan of' subdivision including any
9f !ts par~~ which are ,subject to right-of~ay or
e."s~ment. ,_ ~ ~ ( '_
2'.16 Lot A:rea:~, means the total ho:rizonta~ area within
the lot, lines... of a lot. ~ In the case of a corner lot
having street lines rounding at the corner with-a
radius of twenty feet or less, the; lot ,area of .neh
,-lots shall be calculated as if the~lot- lines were
" I, produce<i to their, point of' intersection,.
2.17 Lot ~ova~~e:cm.ans that percentage of the lot area
covered by buildings, including accessory' buildings.
2.18 Lot F~onta~~:, means the horizontal distance between
the side lot line s measured along the front lot line.
Where the front lot line is not a straight line,
or where the side, lot line s are not parallel" ~
the ~ot frontage shall' be measured along a line
( G twenty-five feet back from and parallel to the
street line.
2.19 Lot line: means the lot line'that divides the lot
from the, street, provided that, in the., case or &.
corner lot ~ the ahorter lot line~ that abuts a
street shall be deemed to, be(the front, lot line
and the longer lot line that abut sa' street shall
be termed' the fla:i1kage of _ the lot. In the case of
a lot abutting on a navigable body of water and
not abutting~any street, the line opposite the
water shall~be_the front~lot +ine.~
2.20 Lot. Line, - ~ea~:,means the_lot. lin,e ()pposite the
~,front lot line ~ ' ,\..~) :... ~
2.Zl~Lot Line ~ s~d.~ means a:...lot linevother, than a
front or rear, lot line. v~
Z.Z2 Obnoxious Us~umm.8'l2ii'~e trad.e within the meaning
J o~ the Public Health Act:...or an7 use which is
-offensive, or dangerous by reason of the emission of
odour, smoke, dust, noise, gas,~fumes, vibration
or re.fuae'- matter,., ,~
2. 23 ~: means a.n open, uncovered and unoccupied space
appurtenant to a building..
2.24 Ya~d F~ontz means a yard. extending across the full
width of a build.ing lot on which- a building is~~
~ituate, and from the front lot line~ to the nearest
- main wall of the bui,lding or build!nga for which
such front 'Yard is requir~d. ~
2.25 Ya~d - Rea~: means a yard .extending across the full
width of a building lot, on which a building i.
situate, and from the rear lot line~to the nearest
main wall of the building or buildings for which
'such rea.r 'Yard is requir-ed.
2.;z6 Y~- 51 de z ,means a yard ,extending from the front
yard 'to the rear yard and from the side lot line
to the nearest main wall of ,the ,build1:ng' or
, -- ,buildings- for which such side. yard. as requi.red..
2..27 E.iu:m.: means general agricultural uses which are
not obnoxious to the public welf~. including
farm bUildings, -.field 41"o.pS, .gardeni)lg, nurseries,
orchards, kennel-a, ,:ftorestzty .and t_~ ,processing
'of :rorestry 'products, f~hing, :trapping ancl
seasonal frui-t I vegetable,- flower~ and farm produce
sales out--J.ets. '
2.28 Reso~t Dwe11~n2: shall be a seeendary dwelling and
< - ~ -- <. confonn 00 the ~gulations t.in, Table III.
.
.
c..~
<. "
~
Page 4
Special Meeting of Council 23 May 1968 c~ntinued:
~ ~
2.29 Er~ct: when used in this by-ia~inelud~s bUilding,
co~~~ructi~n, reconstruction ~d relo~a~ion and,
without l~iti~g the generality of the word, also
includes:- ,
(a) any preliminary phy~ic~l operation; such
as,e~cavat:bng, filling C!J;." draining;
(bt altering,any e~ist~ng,building or
structure by an addition, ,enlargement,
e:xeten~ion C?r,other structu~al change; and
, (c r any \!o~k, fo~ the doing of ~ich a building
permit is required under the Building
By-law of t~e CC?rporation.
SECTION ~ - ~EH~RAL f~OV~IO'~: " '
3.1 Zones: i
< For the purpose of th~s By-law, . tll., following
aones,are established, as shawn OR Schedule "AU.
~ ~o~ Symbol '
Residential Mal;
Residential ~RZ~
Commercial' ~CM~
Industrial ~M1M
Open Space ~OS~
Development ~DM~'
Agricu~ture ~A~
No person shall use land or erect_or use a building
{ ,~"
or structure except in accordance with the general
{ ,t . .
and speci~l provisions of this By-law applying
, t. , ,
to the aone in which tlieland, building or structure
t, , ~ ,
is, or is to be located.
3.~ ~one Boundapi~s: . "
,Where the bo~da~1 ~!ne ~f ~ zone doe~ not coincide
~ with~ a prope~ty ~ l!ne, the loca~ion of the boundary
line shall be scaled from the ~oning Map.
3.3 ~ultinla Uses: ~
({l)~re any lcp1d o~ buitding is'us~d for more
t~:one purpose, all, provisions of this
By-law relating to each use shall, be complied
~it~ provided'thatno dwelling is~located
closer than '5 feet to any ,other building on
the lot except a building'accessory to such
dwelling.
(b) No person'shall erect or use any building for
residen~ial purposes un1~ss, s~ch building is
erected upon ~ lot. -
(c) No person aha1.l erect 'or us~ for residential
purposes any building upon any lot whereon
there then exists, or is in the course of
construction, or for which a building permit
has been issued on behalf of the municipality,
a building erected or used or intended to
be used for residential purposes.
3.4 Hei~ht Rest~iations:
Notwithstanding the height provisions herein
contained, nothing in this By-law shall prevent
the erection and/or use of a church spire, a
belfry, a flag pol~, a clock tower, a chimney,
atwater tank, a radio o~ televisibn tower or
antenna, an elevator pent-house,tan air conditioner
duct,' a skylight, a grain elevator, a barn or
a silo. \ ' .
<' ,
3.5 Pub~iQ Uses:
'Nothing in this by-law shall prevent the use of
any land as a public park, community park, play-
ground, highway or right-of-way.
3.6 AaceSSO~T Build~nis:' t
(a) "ihe total area, occupied by accessory buildings
,.,' shall not exceed ten percent of the area of
the lot on which it is situate.
~ (b) No. accessory building shall b. erected at a
distance of leas than four feet from the rear
or aide lot line of any lot and when not
attached to the main building shall be located
in the rear yard at least ten feet from the
main building.
t
t ~
{ ,
Page 5 '
Special Meeting of Council 23 May 1968 continued:
~
(.
3.7
(.
), \1
3.8
3.9
:..
(c) No accessory building shall be used for human
habitation.
(d) No accessory building shall exceed'15 feet in
height or be more than one storey.
Lands Subieftt to FIQoqin~: ;
In all zones the erection of buildings or structures
for residential or commercial purposes shall be
prohibited on-land that is subject to flooding or
on land wherecl;Jy reason of it 15 rocky, low-lying,
:"ma.rshy ~or uns'table character, the cost of satis-
factory waterwo~ks, sewage or drainage facilities
is prohibitive. Ror shall any building or structure
or appurtenance'thereto (other than conservation
or flood control projects) be installed within '
(100') one hundred feet of any stream or river bank,
or in-the~floodplain of any water course, as
determined by'an Ontario Land Surveyor.~
Pe~it~ed'Pub]~~ p)es:
The provisions of thil;l by-law shall not apply to the
I, 1,
use of any land or to the erection or use of any
-buildi~ or structure for the purpose of public
I, I,
service by the Corporation of the Township of
1, ),
Clarke or by an local Board thereof defined by the
1. \.
Township of Clarke or by any local Board thereof
I. II
defined by the Department of Municipal Affairs Act,
Chapter 98, R.S.O. 1960, the United Counties of
Northumberland and Durham, any telephone, gas or
,telegraph company, any department or agent of the
Government 'of Ontario. or Canada, c including the
Hydro-Electric Power Commission of Ontario, provided
that:- '
(a) The lot 'coverage, setback and yard requirements
prescribed for ,the zone in which such land,
building or structure is located shall be
complied with. :
(b) No goods, material, or equipment \ shall be
stored in the <open in a residential zone.
(e) AnY building erected in a' Residential zone
under'the authority of this paragraph shall
be designed and maintained in~general harmony
with residential buildings of the type
permitted in the aone.
Pa~kin~Reqpd~ements:
In any zone the owner of every building hereafter
~rected, enlarged or changed in:"use aft~r the passing
of this By-law 'Shall provide parking space in
accordance with the follQ/fingschedule:
Tvpe of" aup din, ' Pa~kini' Re~ired
a building containin~ one:" one (1) parking space,
or more dwelling units 'or one garage or one
carport per dwelling
unit
Four parking spaces
for each practising
, doctor' or dent ist
, Where there are fixed
seats, one parking space
for every five seats, or
<ten feet of bench space.
Wh~re th~ are no fixed
seat~, one parking space
tor each 100 square feet
of floor area devoted
to public use.
Qne parking space for
each two beds or ~OO
square feet of floor
area whichever is greater,
plus one additonal apace
for ~ach resident doctor
or resident employee.
.
.
- clinic
- churches, auditoria, ~estaur-
ants, theatres, 'arenas,
halls , private club sand <
other places of assembly
(inCluding funeral 'homes)
, <
- hospitalS, ins~tions
Page 6
Special Meet~ng of Council 23 May 1968 continued:
l, ,
-hotels
: I
w
v
-motels
-.ffice8~
-self-serviee grocery,
Departmental' Store,
{ wholesale or discouRt~
- ~ - business' { '.'
.other pennitted
Comm.erc:i.al uses
, \
-Shopping Centres"
'-
v
-Schools
,_ _ ~,v
-Industria.l
(
I-
~ '
One parking space per
suite for the first
20 suites.
one additional parking
space per 5 suites above
20 suites;
One additional parking
apace for e.ch 100 square
feet of'flo,r'area
devoted to public use.
One parking apace per
rental unit ~ '
One additional parking
space for eac~ 100 square
feet of :flOOr area
devoted to public use.
One parking space per
360 square feet of
total floor area.
One parking spa.ce for..
every 100 square feat
of' total floor area.
<.
One parking~space for
.,ach aOO"square feet of
total-floor'area.
15 par~ing spaces for
each l~OOO square feet
of tetal floor area,
-One'parking space for
~ each. classroom.
\ At'liItast .one parking
. space for eYery 1,000
square :feet of total
floor rrea up to 20,000
square feet plus one
additional space for
every 5,000 square feet
of total floor area over
20,000' square feet
including any basement
area if used for
industria.l use.
, Two parking spaces in
addition to spaces
re.uired for a dwelling
, unit.,
-Physician,' dentist, or.
other professional per-
son who na:a esta.blished
, an office for consult-
ation or other emerg--
ency treatment in his
pri:vate residenoe.
3 .10 Pal"ld ni -Al"sa ~Req,l1il"t!!IIm8n't s:
Parking areas sha.llconform to ,the follOWing
" re qui--rement s : '
(a) , The 'parking area shall be in the same aone
'and within son feet of the location it is
--intended to serve.
- (b)' Eacn parking space shall b$ 10 feet by 20
feet and shall be provided wit~unobatruoted
access .~-co a.-street by a 'driveway, aisle or lane.
(c) The paJ.king area and approaches sha.ll be
surfaced with concrete, asphalt, \cDUshed
stone,'gravel or a combination,thereof with a
stable surface {treated to prevent the raising
of dust or loose particles.
3.11 <Obnoxious Us~s:
No obnoxious use shall be permitted within the
Defined Area.
3.12 ~.llin~ Units:
Basementor'Cellar: No basement or cellar or
part of a'basement or cellar of any, building sha.ll
be used as a. complete dwelling u.nit and no part of
a basement or cellar may be used for, calcula.ting
the required minimum floor area of any residence.
~
Page 7 . e-
Special Meet!rig of CoUncil 23 'Ma1-l96S continued:
SECTtO!~~--JiESI~EHTIAL ZONE "RI":
4.1 Ho per$on' ahaJ:l within"the
lot or~ereet,-alter or use
,for'any p~p08e except one
LA. .... '.'';'_ '-'
use s ., '. s
4.2 l!!.~dQnt.i4] U$es:
~ ~ f.a), s~ngl~~familY dwelling house
- - ~, ~-, (6 r ,semi :;'ditached dwelling house
" ~:'~(cl- duplex'~elling house
-: 4.~~o~~Rn-~8s:i2B~~ ial uses:
(a) Churchea
(b)L Clinic -
JW .w (Ci" Sghools - not operated for profit or gain
- -- , __ ((1 ~ Hospit~s
, (e Nursing,Homes
4.fi.~_-A9cessorI b~ildings incidental to~~y of_the above
v ~rm~tte't use@.
4.5, ,N~th~~ in,~his section shall prevent a person
r~siding in a dwe 11+Dg , unit from carrying on any
~--~o~~stic' or:~~usehold~~r~. a'~hysician~or other
meg.ical Pl'actitioner, ~:dentist, ~,lawyer, an
insurance agent, an engineer. an architect, an
,~_aQcount~t ~r travelling s~lesma~~fr~m using as
pro~~ssi9nal offices not more than 25% of the total
floo~, area of'the dwelling in which he'or she is
~ 9-o~icil.d.l. provided that,:,- , ~ ,---
. )~ (a~ tli~~ .hall be no advertising other than
~_ c, L, a. nonilluminated sign not more than one
square. foot in area. ,
~V ,jbLno~~r80n other than those uresiding in
..J ~,~he, dwelling is employ~d t!,-erein except
~~ t~e case of a physician or other medical
_p~aq~itioner and a dentist in which case
t~ staff may be limited to one employee.
(c), T~e~~ is no external storage of goods or
L,~~ ~ L\ matferials.
__ )_(~J T~r~ are no goods, wares or merchandise
Lu kept or offered for sale.
1.!t ), T~?r; is no mechanical or other equipment
u~d except that which is customarily
e~p~~yed in dwellings for domestic or
~ c.. Jlousehold purposes or for use by a dentist,
~.. ~~ , J-- phy.sician s>r o~~her, me~iizaJ- 'practitioner
~, c ~~. ~ \~ V or 9the1'- 'RrOrE!'_S~~A.a.1 J>ersons.w
4.6 Lot. St..anda-ng.~ and ~u;i.J.c;J~PQ' ~ilLfe: '-' J,~
Shall be in aceordanc~~~h relU~at~ons contained
in Table I.
'-' .. v
residential zone use any
any building or structure
or more of the following
.
" v
v
~
~
~ "
u
( ~ '-..-
u
'--
u
l_
4.7 IIndet- Sf Z8 LQt: ~
Where a building lot h~~in~ '~.lesser frontage or
area than that :r..e.~il'ted ~,rein is held under
distinc.t and sePAra..1{.e' ~~EW~li-~p _from ad-jacent'-
building lots at the time o~~he ~a.sipg of this
, By.-law as shown J)y~ tJ:~e ,record~of. the :~_e~istry
o~Land T~tles Off~ce, a dwelling may be erected
and used on auch SDJ.&l~~r~buildity?; lot provided
that it, confQr.m$. t<t,~_l othe~_ reCluire~ents of this
~ ~ By-law.. ~ ___ (.. , ,
4.8 Minimum Ya-rds f'pt- dwelliwr,,: ' ,
~ (1). ,FrQllt., yard m~n:lJllum - 29: "'fecit (~)
- (2) < Side ~a~ 19J.illi~, ,,~,' . ~
wf_Where there 'is JlO ,g~ge attached or to be attached
, to the ..main bUi.lc;l;tng, ,<!ne "s~d~ 'rare! shall have a
minimum wic4t.~ ~o~, ,l4 _:r~,t and ~he other side a
minimum width of 4 feet fq~.a o~evst~rey, plus
two (2) feet.fo~ e~ch ~dd!ti~~l ~al~ ~r full
storey.
(3 ) Rear Yard. minimum .
v ..One:.-third of,t:t!o ~ept\l of'thebuildirig1lo€birt in
no case ,less tha,n:::350fe~tin depth: ~~
. '- .....'--'. ~ v .L-
4.9 One Dwell inQ" net- Lot.: c. ,':"', w, ~.
,~In:Ja I'esidential JonEt, nC?~~ more thap. one private
~. ~ _ ,: single family ore. ~emi -detache~ or ') ~uplex shall
be erected on a lot.
.
Page 8
Special Meeting of Counail 23 May 1968 continued:
J
4.10 Minimum ~:rds ~p:r pe:rm~tted non-:resi-denti.al:
(1) Fro~, side and rear yards each '25 ~eet.
(2) No ..cessory building shall exceed 15 feet
:,<~.r, one storey in height. . I
q..ll Hei~ht 1'019 non-:resident~al .buildini's:
Maximum height for nQ~~esidential buildings
in the residential zone RRN shall be 4 storeys
t and shall not exceed 40 feet.
SECTION C; - RESIDENTIAL ZONE "R2If:
5.1 Residential Zone"R2R Pe:rmitteqUses:
No person shall within the residential zene use
any lot or erect, alter or use aDY builaing or
structure for any purpose except one &rBlOre of
the following uses: - '. ,.
5.2 Residential Uses:
( (a) single family dwelling h.ouse
5.3 ~aesso:ry B~ilpin~s:
Accessory buildings incidental to the above
permitted uses.
5.4 Lot Standa:rds & Buildini' Size:
t Lot Stan~ards and b~i1ding size shall be in
accordance with Table II.
5.5 One ~ellin~ Pe:r Lot:
In a Residential "RZ" Zone not more than one
private Single family dwelling.
5.6 All development in the "RZ" Zone shall be subject
to approval of survey and/or subdivision
agreement.
5.7 Nothing in this section shal3. 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 from using
as pr,o.fessional o~fices not more than -25% cd, the
total. ~loor area o~ the dwelling in which he or
she is domiciled, provided that:--
(a) Ther.e 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
clas'e of a phySiCian or other medical
practiti....r.and a dentist in which case
the sta~f may be limited to ene employee.
(c) .There is no external atorage of goods or
materials..
There are no goods, wares or merchandise
kept or offered for sale.
There is no mechanical or other equipment
used except that which is customarily
employed in dW-.llings. for dome stic or
hOUAhold purpose..sor ~orus.e hy.& dentist,
physician or other medical ~actitioner or
\, other prof-essional persons.;..
(d)
..(e)
o
....
TABLE I
Lot, Dwelling.. and Height.. cR.equirements
.i.n R.e si-dent ial ZonA tin"
~ y~p E, 0 F B IT I L DIN G
One Family S.mi-d.taehed Duplex
Where there is
neither public
water supply
nor sanitary
sewers
Min. Bldg.
Lot area in
sq. ft. 15,000
\....., ,
15,,090
15,000
\ ,
Min. area ~
free of bldgs.
in sq, ft. 10,000
Min. Lot
Frontage in ~t.
\
10"OQO
10,000
" I
120
\
120
120
" ~
\ -
'"
Page 9
Special Mee.ting of Council 23 May 1968 continued:
Where :t~ere is Min. Bldg.
a publ:i:~ wai~er - Lot area ~ \
supply but n<?t in sq. ft . 7,500 lQ,OOO \ - 10,000
sanitary sewers
. . Min. area
free of
bldgs .' . in
sq. ft. 5,000 6, 500., 6,500
: :.. "
Min, . Lot " ,. .
. ...... .. - ~
~ fro!t~ag,$
j,n \f~. 7~ ~ ' 100 100
, " - '- :..
Where there is Min, Bldg.
a publiC water Lot area ; ,
supply and .ill sq. ft. 5,000 '- 6,000 6,000
sanitary sewers
Min.. area -
free of
bldgS4 in
sq .' ft. 3,300 4,000 4,000
Min. Lot
Frontage
in ft.
\,
60
75
75
Dwelling
Requirement
Min. gr$und
floor area
i.n sq., ft.
960
840 per 840 per
dwelling unit dwelling unit.
~ -
~
Height~ maximum 30 ft. 30 ft.
, *~* * * * * * ~* * * * * * * *
, TABLE II - IIR.2U
.Estate Minimum Lot -Size 1
Lots Min~ Frontage 150
. , MinUium Setback ,50
Minimum Side Yard \ 25
30 ft.
LotReqllir~
ments
acre
ft.
ft.
ft.
Dwelling- '--
Requirements Minimum gr~und floor area ~200 square feet.
*. *c '* **- * * llc * * * * * * * *
~ .....' ~
, :TABLE III .... "A" .... "OS"
Resort ' With Sanit.ary disposal: t.Q confQrm~ to Northumber-
Dwelld.ng land-Durham Health Unit Regulations, and shall
not be... occupied for mOr..e :than tive months in
anyone calendar year.'
~ Minimum Lot Size 1 acre
M~imum Frontage 150 ft.
Minimum Setback \ 58 ft.
MinimwnFloor area 720 sq. ft.
SECrION 6 ~ COMMERCIAL ~ONE HaM:
6.1 C~mm.l'"eia;lZon. P_11Jlitt.d Uses:
No' person sha~l us. land or erect or use a building
or structure in aeominercia! Zone (e) except for
one or more of the following purposes:
(1) Any retail store not engaged in manufacturing
in the premises unless such manufacturin~ is
incidental t.oSueb. r-et,a.il bUSiness, does not exceed
fifty percent (50%) of the floor area and the
,products manufactured are primarily for sale at
retail on the premises,
(2) Office .
(3 )< Restaurant <
(4) Hotel
(5) Clubroom, private club or fraternal organization.
(6) Theat..:ee
(7}. Service Sta.tion
(8) Barber Shop
(9) Beauty Parlour
(10) Billiard-or Poolroom
(11) Danc e Hall
(12) Undertaking establishment
(13) Laundry or dry cleaning establishment
Page 10
Special Meeting of Council 23 May 1968 continued:
All.
W
Newspaper office and/or plant
Telephone Exchange
Lodging and/or Boarding House
Bake. Sh.p
Shoe,Repair Shop
Accessory Buildings incidental/to the
above uses. \. ~,
(20) A residence ](1&1' be part of the cohercia.1
use providing it is located within the
same building as any on. of the above u8es~
and has a minimum of, 600 s.. ft. of,living
space exclusive, of hall. and stairways and
shall be above the firs~ floor. ,)
6.2 No Shopping Centre may be established unless it
is in accordance with an approved site plan and
in an,area re-~oned for this specific use.
6.3 Minimum Ya~ds:
In the "Co. Zone -
(a) each-building will be set back from the street
line a distance eq,ual to the average set back
of the existing buildings within the same
street block.
6.~ Buildin~ ~@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
situate. : \' ,.
1:$uild:ini H.i~hta
In the ~C" Zone 'buildings shall have a maximum
height of~~O fe.t.
SECTION? - IND~TRIAL ZONE "~"a
7.1 Industrial ZOD@ ~. PQ~mitted Usesa
In the industrial~soRe, hereinafter referred to as
Zone Ml, the re.uirements shall be as follows:
(a) subject to the provisions of part (b) of
_, thi,e paragraph which follows, any building or
part thereof may b. used for any industrial
purpose. '
(b) no industrial. building or part thereof shall
be used for any purpose which'f~om its nature
,or materials used therein ~s,or may become
obnoxious by reason ofrthe emission of odour,
dust, smo~e, noise, gas, fumes, cinders,
vibrations~'refuse'matter, or water-carried
wastes.
(c) no uses other than'industrial uses and
essential caretakers,t residences shall be
permitted in the Industrial Zone "MID.
7.2 Setbaek: . <
In the "MID Zone there shall be<& setback of not less
than 25~fe.t, except that where industrial land is
across from a residential' zone ,the setback shall be
a minimum of 50 feet.:
7.3 Side Ya~dsa
In the >>MIA 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 abuts a resid-
~ntial zone the minimum side yard on this side
shall be 50 feet~
7.4 RAa~Ya~dsa< ,
In the MMlu Zone there shall be a rear yard of not
less than a5 feet in depth, except that where the
rear yard of the ind~trial land abuts a residential
zone the minimum ,rear yard shall be 50 feet.
7.5 Hei iht : : , \ '
_ No building tOll strucQu-e in, the NMI n Zone shall
exceed ~O :eeet in hei.gl\t. - .' -
SECTION' B ... OPEN SP,.CE PROVISIQJiS {ZONE HOS"}:
8.1 ,Open Snaee Pe,.mit~d Usesa
No person shall use land, or erect or use a
~uilding or-structure in an Open Space (OS} zone,
except for one or:more of,t~e f~llowing uses:
(a) Resort Dwelling - s~bject to Table III.
,
(14)
(15)
(16)
(17)
(18)
-(19 )
\ :..)
( .
65
'-
~
,
~
Page 11
Special Meeting of Council 23 May 1968 continued:
(b) Public or private parks, including toUrist
camping facilities; refreshment rooms;
(c) Public buildings including museum or display,
arenas, community halls~ water s~pply or
wastes disposal facilities,_ sports fields
(o9urtsor greens), entertainment facilities.
Pools, bandstands;
Boating facilities, inoluding erection of
private boat~houses where boat or boats may
be kept;
Golf,oourses or golf driving ranges;
Schools, hospitals, churches,
Dwelling unit tor a caretaker or an essential
workman whose presence, on the premises-is
necessary at all times;
(i) Accessory uses to the, above uses including
parking areas.
8.2 Any building in an Open Space Zone shall have a
minimum. distance ofZ5 feet from any lQt line,
except a boat-house,which may be erected up to
those portions of the lot that so abuts the
navigable water.
8.3 Lot cove~a~e:
No building Qr structure shall be built in an Open
Space Zone ha.vinga coverage greater than 5% of the
lot area..
SECTION q - - DEVELOPE Ifl' ZQNE (~one QD..):
9.1 DevelonDVi!nt Zone PArmitteC!L~.s:
In ~he Development Zone (Zone "D~~ the permitted
uses shall be as follcwsL~, ""," ,
(al Only the existlngl'u~esc at the time of the
passiRgcof this By~la.w,are permitted~until reaoned
c to a specifie,urba~ category upon merit.
~,+2,Fa:rm&~ Ret,.imin~ Ls;>t:( J, , ~
'- IN.tWithstanding,.any provisions, of thislBy-Iaw to
the contrary, a bona fide farmer, whose chief source
of'income is derivedtrom farming operations
consisting in whole or in part, of growing crops,
raising cattle or livestock or operati~ a dairy
farm, may'retain a lot from the sale of his farm
and erect, alter or use thereon a Single-family
detached dwelling in accordance with the provisions
ofTa~le II ,t th~s By-l~w, and~further provided
,that such 4ingle-family d,tached dwelling and lot
shall ,be deemed a permitted use for, subsequent
,purchasers and owners thereof., \ )
SECTION 10 - AGRICULTURE ZONE "A":
'No' person shall within-_any Agricultural Zone, use
any land or erect, alter or use any, building or
structure, except f,or, such purposes and in accordance
with such regulations as are~permit~ed by and are
in accordance with the following provisions:-
(a) Permitted Uses:
(i) All farming uses and; uses accessory thereto
.1.ncluding one familY"detached 'dwellings,
(ii) AgricUltura.l: .
Genaral agricultural uses which are not
obnoxious to the pub~ic, welfar..e including
fa.rm buildings, f:ield crop", gardening,
nurseries, orchards,: ke~nel~, ~orestry
and the processing af ~or~stry products,
.t:tabJ-ng,:.. trapping and seasona.l fruit,
vegetable, fl'ower and farm pr..oduce
sales outlets.
(iii) Institutional:
'- ~ I I, ~Ho.pi'ta.ls,clinics, libraries, churches,
schoolS, community centres,. ~mu.nicipal
: \), Ibuildinga, cemeteries, maus.oleums, .
columbariuma~ or crematoriums established
with tJle apPl!oval, of the Department of
Health under the Cemeteries Act.
(iv) Recreational:
Parks, playgrounds and golf ,courses.
l.-
(d)
_ :.. 1e)
(f)
,(g)
(h)
'--'.. .....
~
l.-
L_ I
.
.
4)
" ,-i~
.,
Page lZ
Special Meeting of Council Z3 May 1968 continued:
(v) Resort Dwelling (subject to Table III).
(vi) Rural Home Occupation and the office
of a veterinary surgeon~ and premises
for the emergency treatment of animals.
(b) Area Re qu.irement B: "
No pe~son shall within any Agricultural (a)
Zone erector use any bUilding or~structure
exeeptin accordance with the provisions
set out in Table~II'& 'III.
SECT ION, 11 - CONFORMITY:
The pu~pose for which any land or building is
used shall not be changed~ no new building or
addition'to any 'existing building shall be
ereeted~ and no land shall be severed trom an
existing building lot , '~f the effect of such
changes~erection or s~verance is to ~reate 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.
SE~IQN;1~ - NON-CONFORMITY (Continuation of"Existing Uses):
Nothing in this by-law shall prevent the use of
any land.~ building or structure for any purpose
prohibited 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
condi-ti'on providing that such alteration or
repair does not onange the height, size or
volume or change the use of such building or
structure. : (
SECTION 1 ~ -PJUOR BUIL:Q;tNG PERM~$:
Nothing in~this By-law shall'prohtb~t 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 lb- - EXCEPTIONS - Indust:rial, Onen Space or
Deve1Qpment Zones:
(i) Nothing in this by-law shall prevent the
lands in the Industrial (MI) Open Space
or Development Zones from being used for
one or more of the following uses:
an apiary
an aViary
- I, I,
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
temporary 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 Pi - ADMINISTRATION:
15.1 Zoning Administ:ration:
This By-law shall be administered by a person
designated from time to time by the Council, as
the Zoning Administrator.
~
Page 13
Special Meeting of Council Z3 May 1968 continued:
: \-
15 ~ Z. l\pn] icatio~S anq ~l ails. ,\
- '. lit additi~m to the requirements of the Building
- ~ '
By-law, every application for a building permit
shall'be accompan~ed by plans, in triplicate,
drawn to an appropriate scale, based upon the
actUal survey showing the tru~ shape and
dimensions of th~ lot to be used, or upon which it
is proposed to erecta~y building or structure,
and showing the proposed lqcation, height, ,and
dimension of. the bui~ding or structure already
erected on or ~rtly ~n such lot, tog~ther with
a block plan arid statement signed by the owner
or his agent duly authoriaed in ~~t~~ filed
with the Zoning Administrator, which statement
shall'setforth 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 ~sp~ction ofjapd, ~~iidi~~~& ~~~uctu~es:
The Zoning AdminiStrator is hereby authorized after
appropriate notice to' enter at all reasonable hours
. - l' .
for purposes of inspection upon any property or
pre~ises. ~ . .
15.4 Pe~jty: _. . . -
Any person convicted'of a breach of any'of the
c. ~ provisions of this by-law shall f~rfeit -and pay,
~t the discretion of the convicting magistrate,
a penalty of ncit less,lthan fifty doilars ($50.00)
and not more tha~ three ~undred dolla~s ($300.00)
exclusive of costs for each Offence, and The
S~ry- Convic~ion~ Act, as provided and limited
by The ~u~icipal Act, sh~ll apply thereto.
15.5 DaLe of By-law:
This By-law s~ll take effect from the date of
passage by Council and shall come into force
'upon approval by the Ontario Municipal Board.
.
. ,
That By-law ijo. 1590 be, and the same is hereby
, . l
repealed.
, < ' " ,
SCHEDULE "Au TO BY-LAW NO. 1592
r
.
,>':~
Page 14
Special Meeting of Council 23 May 1968 continued:
w
By-La.w-Np, 1l)q3
A by-law to appoint Ponnd Keepers and Fenee Viewers~
in the Township of Clarke.
The Municipal Council of the Corporation of the'
Townahip of Clarke enacts a.s, follcr.fs: '
The following persons be and are hereby appointed
1. Rosa Brown 2. . Nil -. 3.
4.Wa.rren-Carson 5. Wm. Hale, Sr. 6.'
7. ~wr.nce Harris 8. 'Nil 9.
10. Sam <Powell 11. Nil ( 12.
13 . Char 1.. . Reid =. 14. DonAld Staple s15 .
16. Roy Beuy 17. B.~. Bryson '18~
19. Lawrence Hooey , ~O . Stanle y Ball ~
That the duties of the abovenamed Officers shall'be performed
as provided by statutes in that behalf and the by-laws of this
municipality. -
That the follOWing perSGns be appointed Fence Viewers:
l7~' Harold Dean - ".. Denald Stapleton 3.~ Arthur Thompson
'That the duties of the abovenamed OffIcers shall ~be performed
as_are provi~ed by st!tutes in that behalf and the by-laws'of
this municipality.
That By-law No. 1575 be and is hereby-repealed.
Pound Keepers:
Morley Robinson
Wm. Curtis
DouglaaCa.thcart
Nil
aoy Cochrane
HaroldRansberry
Meeting adjourned.
.. ~
- ~~," --I
Clerk. l.,
" t+~ :,;U-
Reeve.
L,
REG'6LaR MEETING OF THE ,COUNCIL
OF THE TOWNSHIP 0F'tCLaRKE
Tuesday, June 4, 1,68, at 10 a.m.
Council Ch~er, Orono.
.,
Present: Reeve Roy A. Foster
Deputy Reeve H. E. Walkey
Councillor W. R. Carveth
Co~cillor F. A. G-ray
Councillor J. W. Stone
Clerk H. E.Millson
It was moved by F. A. Gray, seconded'by H. E._Walkeys
that delegations be heard. Carried.
Mr. F. E. Lycett introduced Mr. R. R. McClellan of the
Frank Cowan Insurance Company to the members of Council.
Mr. McClellan handed out copies'of a prepared insurance
review incorporating recommendations which~was discussed in
Council.
Mr. E. R. Woodyard, Secretary of the Orono Police
Trustees met with Council to discuss and consider certain
Police Village resolutions recorded undercorresponc:lence
herein. ~
, On motion by H. E. Walkey, seconded by.=....f:. A. 'Gray,
, '----
Counci~ recessed for lunbh' at 12135 p'.m. < and resWllecl,session
at Z p.m. Carried. '
. Mr. M. L. Ross, Road Superintendent, appeared at
Counci1 meeting from Z:15 to4i45 p.m~ to discuss certain
aspects~of the Township roads.
_ Mr. and Mrs.~w.m.~Hooey ~equested Council for per.miss!on
to use the~former Rob~rt Glanville feed mill as a residence
and storage ~or their fencing business. This request was.
tabled. ,-. ~
It was moved by H. E. Walkey, seconded by F. A. Gray,
that Council adjou~n to committee of the who~e. Carried.
, On motion by H. E. Walkey, seconded by J. W. Stone,
that committee rise anti Counci1 be and is hereby resumed.
Carried.~ ,
The following correspohdence and reports were read out
by the Reeve:-
1. Minutes of ~ommittee of Adjustment dated May l3,l968.-Filed.
G. The Ontario Municipal Association re proceedings of
SiXty-ninth Annual Convention held AUgust ZO-Z3,
1967."Filed.
3. Lake Ontario Regional Development Council re News
Letter dated May, 1968.-Filed.