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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It Enacted By the Council of the Corporation of the Township of Clarke:- That By~Law No. 1517 be and the same is hereby repealed.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.