Loading...
HomeMy WebLinkAbout11/04/1969 1":":' - REGULAR MEETING OF THE COUNCIL OF THE TOWNSHIP OF CLAR.K.& Tuesday, November 4, 1969:at 10 a.m. Council Chamber, Orono. Present: Reeve Roy A. Foster Deputy Reeve H. E. Walkey 6ouncillor W. R. Carveth Councillor F. A. Gray Councillor J. W. Stone Clerk H. DeWith The minutes of the regular meet~ng on October 7, 1969and special meeting on October 10, 1969 Were adopted as printed on motion by H. E. Walkey, seconded by J. 'W. Stone. Carried. It was moved by F. A. Gray, seconded by B. E. Walkey that delegations be heard. Carried. Mr. Roy Forrester met with Council to discuss alterations to provide more space for the Library. It was moved by H. E. Walkey, seconded by W. R. Carveth that 'an estimate of costs for the alterations be presented to the Finance Committee at the next meeting of Council. Carried. The following correspondence and report was read out by the Reeve: 1. Kates, Peat, Marwick & Co. request for Supplementary Information.-Referred to ~le~k to anewer. 2. Central Lake Ontario Conservation Authority,Minutes dated September 26, 1969.-Filed. 3. Committee of Adjustment minutes dated October 1 and October 8, 1969.-Filed. 4. The Ontario Humane Society re Bill 194.-Receive~. 5. St. John Ambulance Association, Ontario Council, request for donation.-Reoeived. . 6. Report of Clerk re request of Dr. A. W. Harris to hire a part-time dog catcher.-Tabled to January 1970. 7. W. Kay Lycett, B. A. re George R. Armstrong re road allowance.-Referred to the Clerk. 8. Vaughn R. St.eves re withdrawal of application for re-zoning.-Copy to Planning Board and Filed. 9. Letters fr~m Honey, Brooks & Harrison dated 14 October 1969 and from z. T. Salmers, Q.C. dated 16 October 1969 re Lillian C. Glenney, tax registration #68-1.- Referred to resolution. 10.. E. Richard Lovekin re Liquor Vote and letter from Page and Kamin, Solicitors for Mosport Park Limited.-Filed. 11. Totten, Sims, Hubicki & Associates Limited re R. E. Sims appointment as Executive Administrator of Ontario County and City of Oshawa Study and his resignation from the firm of Totten, Sims , Hubicki & Associates Limited~-Filed. l~. Adele McGill request for anincreas& in salary as business brought forward from 7 October 1969.-No action at this time. - 13. Department of Highways"re H:ighwa.y #2-l'lrownBTille," i Speed Limit.-Copy to residents of Brownsville. 14. Northumberland and Durham County Board of Education re legislation regarding collection and remittance of tax leTies letter to Wm. G. Davis, Minister of Education.-Reoeived. 15. Lake Ontario Regional Development Council re Fifteenth Anniversary News.-Tiled. 16. Cedar Dee Farms re letter of appreciation to Road Department.-Referred to the Aoad Superintendent. 17. Letters from Municipal Planning Consultants Co. Ltd. re Amending By-law.No. 1651, Township of Clarke~-Filed. 18. Bowes & Cocks Limited, Appraisal Division, re, Propesed Developllent Road, Lots 34 ,and 35, ..cances-Ai.Qn 3, Township of Clarke.-Filed. . . 19. E. Richard Lovekin re Charles Wesley Lemon Property- Newtonville.-Filed.' " 20. E. Richard Lovekin re Demolition by-law 1404 - C. ~ W. Lemon Property_N.wtonville.-Filed. 21. Clifford P!thick, Auctioneer and Valuator re C. W. Lemon.Proper~y-Newtonville.-FileU. 22. E. W. Bradley, A.A.C.L. re C. W. Lemon Property- Newtonville.-Filed. - 'e-, - Page Z Regular Meeting or Council 4 November 1969 continued: Z3. Oshawa Area Planning and Development Study re minutes of thirteenth meeting.-Piled. Z4. The Consumers' Gas re Ontario Energy Board's Interim Rate Order.-Piled. Z5. Department or Social and Family Services. Municipal WeTare Administration re establishment of a :Board or Review to hear appeals by recipient. of or applicants for General Assistance under The General Welfare Assistance Act.-Piled. Council-recessed rOll' lunch at lZ:15 and re~ session at 1:15 p.m. Mr. C. Wilkes met with Council to discuss a Taxi Licence for the Township or Clarke. Council agreed to have the Township Solicitor draw up a Taxi By-law. z6. Department of Municipal Affairs re names of Assessment Commissioners ror new property'assessment system efrective January 1. 1970.-Filed. . Z7. The Ontario Municipal Board letters dated October Z3 and October 30. 1969 re Township or Clarke !mending By-Law No. 1651. a By-Law to amend Zoning By-Law-No. lS,Z.' as amended by By-law No. 1613.-Piled. : Z8. The Great Pine Ridge Tourist Councilre Information for 1970 Travel Guide.-Piled. Z9. Copy letter from R. C. Hore. Supervisor. Water & Well Management Branch. Division of Water Resources to The General Accident Assurance Company of Canada re ' Messrs: Dempsey and Rankin and -the Township of. .clark... - Filed . The Ontario Municipal Association re News Notes.~Filed. Sunnydene Estates Limited re proposed Subdivision part Lots Z7 and ze. Concession 5. Township of Clarke.-' 'Referred to Council Meeting on November lZ. 1969. 3Z. Ontario Wa.ter Resources Commission re publication on Water Quality Data in Ontario.-Piled. 33. The 'Ontario Municipal Association re Special Legi&ative Bulletin.-Piled. 34. The Corporation or the Town or'Mississauga. re pl"oposed lieensing of Cable Antenna Television Companies.-Filed. 35. United Counties or Northumberland and Durham. Cobourg. Ontario re suggested standard building by-law.~Rerer~ed to 1970 Council. - - 36. Ontario Hydro re listing of the old and new rates for street lighting fixtures.-Piled. 37. Ontario Good Roads Association request ror'resolutions and proposal or names rOll' recognition of long service in the cause of good roads.-Received. 38. -Ontario Good Roads Association re notice 'of cancellation of meeting.-Received. 39. Ontario Good Roads Association re 76th Anniversary Convention as business brought rorward rrom October 7. 1969.-~eferred to the Road:Superintendent to request Z reservations. 40. Ontat-io Good' ROadsusociation re Merrill S. ~oss for completion of School BasieSurveying Course and School. -Piled. 41. Oshaw.a Area Planning and Development Study re meeting )fovember 6~-Referred to the Clerk. 4Z. Northumberland and D~ham County Boara or Education re meeting of Council representatives and Board of Education November 6.-Referred to Reeve and Clerk. ~eport of Building Inspector for October.-Filed. aequest from Earl Poster. Newcastle re donation to Newcastle Arena.-Tabled to January.:19'?0"CounciJ.. The-- rollowing resolutions were passed.-- RAaolt1tiBnHo_l~R:Moved by F.A.Gray,seconded by W.R.C-arveth: This Council hereby request the Auditor of the Corporation of the Township of Clarke to prepare 100 copies or a printed financial statement for Nomination Meet!.ng to be held November Zl. 1969. at a cost not exceedIng $100.00. . The Treasurer and Road Superintendent be and are hereby instruct.a to assist the Auditor in the preparation of the said statement. Carried. 30; 31. Certificates to C.S.AndersonRoad T.J.Mahony Road 43. 44~ e ,"<' '..- --,", Page 3 Regular Meeting of Council 4 November 1969 continued: R....olution No. 11Q:Moved by W_R.Carveth,seconded by J.W.Stone:' The Council ef the 'Township of Clarke hereby petit~on the Department of Highways of Ontario for. interim payment - on . Statutory Grant under the Highways 'Improvement Act for expenditures made during the year 1969. Carried. Resolution No. lhO:Moved by W.R.Carveth,seconded by F.A.Gray; Resolve that the Clerk prepare The Voters1 List alphabetically for the year 1969. Carried. R..solution No. -lhl:Moved by ,F. 'A. Gray,seconded by W. R.Caryeth: This Council hereby deem it advisable to revise the form of the Tax Demand Notice with Interim Tax Demands due and Payabie on March I, First instalment 25%; Ju+y,l, Second instaiment 25% and a Final Tax Demand due and payable on December 1, Balance of Taxes. Carried. ' R.."olutinn No. 1h2:Moved by H.E.Walkey,seconded by J.W.Stone: This Council authorize the Clerk Treasurer to take the necessary action to collect the tax arrears of Mrs; Lillian Glenney under By-Law 1638 and to proceed with the Tax Registration No. 68-1. Carried. ~ R..solutionNo. 1h1:Moved by HJE.Walkey,seconded by F.A.Gray: This Council hereby authorize tAe Reeve and Clerk to sign and seal an "Offer To Sell" between the Corporation of the Township of Clarke and A. Garfield Heyes arid between the Corporation of the Township of Ciarke and 'Clare Edgar Allin. . Carried. . R..solll~ion No. lhh:Moved by J.W.Stone,seconded by W.R.Carveth: Resolve that the following Pay Vouchers be and are hereby authorized for payment by the Signing Officers of this 'Council: Addit{on to General Voucher #10 for October in the amount ' of $2,373.~. _ ,,' ' _ General Voucher III for November in the amount of $24,336.07. General Welfare Voucher #11 for-November in the amount of $927.61. - . Road Voucher #10 for October in the amount of $32,355.27. Police Village of Orono Voucher 110 for October in_the amount of $2,592.50. Carried. .. ~he fol~owing By~Law was read a first, second and third time and fin~ly' passed: Bv-LAW N'o_ 1 f);~ Being a By-Law to repeal By-Law No. 1651 WHEREAS the Council of the Corporation of the Township of Clarke, after due deliberation, have deemed it expedient to repeal By-Law No. 1651; , ' NOW THEREFORE BE IT ENACTED by The Council of the Corporaiion of the Township of Clarke: " THAT By-Law No. 1651 be and the same is hereby repealed. The following By-Law was read a fi~st time o~ motion by F.A.Gray, seconded by W.R.Carveth: The following By-Law was read a second time on motion by J.W.Stone, seconded by H.E.Walkey; - The following By-Law was read a third time and finally passed on motion by H.E.Walkey, seconded by W;R.Carveth: Bv-T.aw Nn. 16t:\~ " . A By-law to amend'Zoning By-law Number 1592, as amended by By-law Number 1613.' , ,- WHEREAS the Municipal Council of the Corporation' of the Township of Clarke deems it advisable to amend By-law Number 1592, as amended by By-law'Number 1613. -. NOW THEREFORE.the Municipal Council of the Corporation of' the Township of Clarke ENACTS as follows: ' 1. That Section 1 of By-law Number 1592, as'amended, is hereby deleted and the folloWing sabstituted therefor; nSECTION, 1 - TTTT~E '._ . 1.1 This By-+aw may be cited as the "Zoning By-law". 1.2 ,Appendices 1 an~ 2 h~r~to annexed. and. the Zone. . Map (comprising Map 1, 2 and 3) hereto annexed as Schedule "A" are included in and form a part o~ this By-law." _ . 2. That Section 2,of, this By-law Number 1592, as ~ended, is hereby deleted and the following substituted therefor: e .e ,-- , Page 4 Regular Meeting of Council 4 November 1<)69 continued: - ItS~~T~N 2 - DEFINITTONS 2.1 For the purpose of this BY-law the following words and phrases shall have the meanings! given below. Z.2 A~~esso~v Building: means a detached bUilding, the use of which is :l.nc:l,dent.al.ol;" secQl;I.(j.ary.to that of the main building and not used for human habitation, ,located on the same lot w~th the main building and inclp,des a private garage. 2.3 A~~8SRO~V UA~: means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building., 2,4 Buildi.,... I.iTWO: mealS a line within a lot drawn parallel. to a lot line and establil!'l:tes ~he minimum distance betWeen ~hat lot line and any building or structure, which may be erected. Z.5 Buildi.,.,., M"in: means a building in which the prineipal use is conducted on a lot.on which it is located. In the residential zone the dwelling is the main bUilding. __ . 2.6 DwAllin~~ Sinwl,Fam11v: means a separate building containing only one dWell:l,~g unit. . Z.7 Dwe 11 in... Uno! t: means one or more nabi table rooms designed for use by and oceupied by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of sueh a family and with a private entrance from outside the building or from aeOm.mQn hallway or stairway inside the building; provided that a dwelling unit shall not include a~l;"ailer or mobile home notwithstanding that such trailer or mobile home is jacked-up or that its running gear is removed, or that it is located on a foundation. 2.$ E.....,t: when used in this By-law includes building, construction, reconstruetion.and .relOCA~ion and, without limiting the generality of the word, also includes: - . (a) any preliminary. physical operation, such as excavating, filling or draining; _.. (b) altering any existing building or structure by an addition, enlargement, extension or other struetural eh~ge; and (c) any work for the dping of which a building permit is required; under the Buildipg By-law of the Corporation. - - . - Z.9 Family: means one or more persons living as a single housekeeping,unit in a dwelling unit and includes: (1) Pomestic servants (2) Roomers,or boarders - two only. 2.10 .E.1u:m,: means general agr.Lcultural uses which are not obnoxious to the publiC welfare ineluding farm buildings, field crops, dair~ farm~ng~ gardening, nurseries, orchards, kennels, forestry and the processingQf forestry products, fishing, trapping and seasonal fruit, vegetable, flower and farm produce sales outlets,. .. Z.ll rlQo~ Ap~a: means, with referenee to a dwelling, the total floor area of all storeys or half storeys contained within the exterior faces of the exterior walls of a bUildiM, but excluding any private garage, breezeway, porch, verandah, sunroom, attic, basement or cellar; provided. that in the case of a half storey the total floor are,a shall. .include onl~ that portion of the half storey in which there is suffieient space to p,rovide..a heigAt .between finished floor and. finished .eeiling of' 'at least 7 feet 6 inches. Z .12 H..i ...ht: means ,when used with reference to a building, the vertical ~istance between the surface of the ground at the front of the build.ing and (1) in the case of a flat rooe, the highest point of the roof surface or the parapet, whicheVer is the greater, - ,.,.,.,.. Page 5 Regular Meeting of Council 4 November 1969 e~ntinuedz in the ease of a man_I'd' r-4lof, ,the deck roof line, and,- in the ease of a gable, hip or gambrel roof, the mean height between the eaves and ridge. 2.1.3 Tndust1"'ial Building: means a building which is used for industrial purposes such as manufacturing, processing, storage and similar uses. Z.14 ~z means a parcel of land, which fronts on a public highway which has been:aasumed for publa~ use as a public highway, whether or not such a parcel is described in a registered deed or shown on a registered plan of subdivision,. including any of its parts which are subject to right-of-way or easement~ Z.15 Lot A~~aZ means the total horizontal area within the lot lines of a lot. In the ease of a corner lot having street lines rounding at the corner with a radius of twenty feet: or less, the lot area of such lots shall beealculated as if the lot lines were produced to their point of intersection. Z.16 Lot COV~ragA: means that percentage of the lot area covered by buildings, including accessory buildings. Z.17 Lot F~ontagez means the horizontal.distance between the 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 parallel, the lot frontage shall be measured along a line twenty-five feet back from and parallel to the street line. Z.18 Lot Line: means any boundary of a lot or the vertical projection thereof. Z.19 Lot Lin~r F~ont: means the lot line that divides the lot from the street, provided that in the ease of 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 deemed to be a ~ide lot line. Z.ZO Lot Line. Rea~z means the lot line opposite the front lot line. 2.21 Lot LinA. Side: means a lot: line other than a front or rear lot line. i Z.ZZ OhnoxiouR URe: means an offensive trade within the meaning of The Public Health Act or. any use which is offensive or dangerous by reason of the emission of odour, s~oke, dust, noise, gas, fumes, vibration or refuse matter. 2.2,3/P"hli'" Ga~al!'A: means and includes a building or place where motor vehicles ar& hired or kept or used for hire, or where such vehicles or gasoline or oils are stored or kept for sale, or a building or place used as a motor vehicle repair shop (but does not include an auto body repair shop) or for washing or cleaning motor vehicl~s, but does not include any business use otherwise defined or classified in this By-law. Z.24 SAtha",kz means the horizontal distance from the centre line of the street allowance, measured at right angles to such centre line, to the nearest part of any build~ng or structure on the lot. 2.25 Shontin", RaTl"'A.; means an area including buildings and structures used by an: approved gun pr revolver club for the purpose of carrying on private shooting events wholly within such area. For the purposes of this definition, "APPROVED" means approved by the Attorney-GeneralIs. Department, of the Province of Ontario. 2.26 LlJ::l;l.z means an open, uncovered and unoccupied space appurtenant to a building. Z.Z7 Ya~d. F~ont: means a yard extending across the full width of a lot on which a building is situate, and from the front lot l~ne to the nearest main wall of the building or buildings for-which such front yard is required. (2) (.3) e _. r .-.- Page 6 Regular Meeting of Council 4 November 1969 continued: - 3. "-e 2.Z8 Yard. lI...a1": me&b.s a yard extending acre$S the full Width of a lot, on which a building is situate, and from the rear lot lin~ tOe the nearest main wall of the building or bUildings for which such rear yard is required. 2.29 Yard, Sid~: means a yard extending from the front "yard to the rear yard and fro~the side lot line to the nearest main wall of the building or buildings for which such side yard is required.". That Section 3 of By-law Number 1592, as amended, is hereby deleted and the following substituted therefor: IlSECTIO}l. 1 -"- GENERAL PROVISTORS 3.1 ZonAA: For the purpose of th~s.By-law, the follOWing zones are established, as shown on Schedule HA". ~ Zona ~hol Residential 11.1 Rural Residential RR Commercial C Highway COmmercial HC Industrial M1 Open Space OS Agriculture A No person shall; llS& land or erector use a building or structure except in accordance With the general and special provisions of this By.law applying to the zone in which the land, building or structure "is, or is to be located. Where the zone symbol designating certain lands as shwwn on Schedule "A" is follawed by a dash and a number (for example "A-I"), then special provisions, in addition to the normal zone restrictions, apply to such lands and such special provisions will be found by reference to. that section of the By-law which deals with that particular\zone. Lands designated in this manner shall be subject to all the restrictions of the ~one except as otherwise provided by the speCial provisions. The zone symbois listed above may be used to refer to buildings anQ. structures, thellSes of lots, buildings and structures permitted by this By-law in the said zones, and whenever in this By-law the word "Zone" is used, preceded by any of the said symbOls, such reference shall mean any area within the Township within the scope of this By-law, Qelineated on Schedule "Alt and designated thereon by the said symbol. 3.~ Zone Bonnda.-";AA: Zone boundaries where possible, are construed to be lot lines, street 'lines' or boundaries of registered plans. In the case where<uncertainty exists as to the boundary of any zone then the location of such boundary shall' be ~etermiRed in"accord.nce with the scale of Schedule "A"a~ the original size in the scale of 1 inch to 1,000 feet for Maps 1 and 2 and 1 inch to 300 feet for Map 3. 3.3 Mul-t:,inlQ liaes: (a) Where ani land. or builQing is used.. for more than one purpose, all proviSiOns of this By-law relating to each use shall be complied with provided that no dwelling is located closer than 25 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 residential pu~oses .unless auch building is 'erected upon a <lot. (c) No person shall erect or use 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. ~-~-~---~ Page 7 Regular Meet;i.ng of Council 4 November 1969 continued: 3,4 3.5. 3.6 3.7 3.8 3.9 3.10 H@!i",ht -R,utnl"i ~ti ana! : Notwithstanding. the neight provisions h~rein contained, nothing in this By-law shall prevent the erection and/or use of a church spire, a belfry, a flag pole, a clock tower, a chimney, a water tank, a radio or television tower or, antenna. an elevator pent-house, an air conditioner duct, a skylight, a grain elevator, a barn or a silo. Pllh'i~ U~fU!l! Nothing in this By-iaw shall prevent the us~ of any land as a public Park, community park, play- ground, highway or right-of-way. Al!t!ARAorv - UgA~: ., - T Where tM.s By-law provides that a lot may be used or a'building or structure may be erected or used for a purpose, that'purpose shall include any accessory building or structure or accessory use, but shall not include (1) any occupation for gain or profit conducted within a dwell~ng or on the lot, except as in this By-~aw is specifically permitted or, (2) any building used for human habitation except as in this By-law is specifically permitted. At":t"!ASRO:rV Rll i 1 d i "KR: _ Except as otherwise provided herein: (a) The total area occupied by accessory buildings sh~l not exceed ten percent of the area of the lot on which it is situate. (b) No accessory building shall'be erected at a g.istance of less than four feet from the lI!Ilr or ~~d&>lot line af 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. (c) No accessory building shall be used for human habitation. (d) No accessory building in an Rl or RR Zone shall exceed 15 feet in height or be more than one storey. LJ:t1'1d~S1Jhi~t!t tll Flnqp;n~t In all zones the erection of buildings or structures for residential or cOmmercial purposes shall be prohibited on llUld that is subject to flooding or on land where by reason of ~ts rocky, low-lying, marshy or unstable character, the cost of satisfactory waterworkS, sewage, or drainage facilities is pr9hibitive. Nor _hall any building or structure or app~tenance thereto (other than cons~rvation or flood control projects) be installed within (100') one hundred. feet of any stream or river bank, or in the flood plain'of any water course, as determined by an ontario Land Surveyor. G~pat~~ R~At~i~tions: This By-law shall not be effective to reduce or mitigate ~y restrictions lawfully imposed by a governmental authority but in such cases the greater restriction s~all apply. PA~m;~t~d Puhli~ U.AAt- The provisions of this By-law shall not apply to the use of any land' or to the erection or use of ,any building or structure for the purpose of public service by the Corporati~n of the Township of Clarke or by any local Board thereof defined by the Department of Munieipal Aff~i~S Act, Chapter 98, R.S.D. 1960, The United Counties of Northumber- land and Du~ham, any telephone, gas or telegraph company, any department or agent of the Government of Ontario or Canada, including the Hydro-Electric Power Commission of Ontario, provided that:- e-- e Page $ Regular Meet:i;ng of Council 4 NOvember 1969. continued: e 3~11 (a) The lot C'overage, setbaca.. ed. yard, 1"ef:lU.irements prescribed forth. zone in which such land, building or structure 'is located shall be complied With. , , (b )No goods, material, or equipillent shall be stored in the open ~n an Rl or RRZone. (c) Any building erected in aniU 01' R<R Zone under the authority of this paragraph shall be designed and maintained in general harmony with 1"esidential buildings of the type permitted ~n the zone. P.aT;kin~. RaQ).l'i-PAJDAnba: In any z." the owner of every building hereafter erected, enlarged or changed in use after the passing of this By-law shall provide parking space in accordance with the following shhedule: TvnQ Q~ Buildin~ Residential .-e One parking space for each 200 square feet.of total floor area. One parking space for each classroom. At least one parking space for every 1,000 square feet of total ,floor area up to 20,000 square feet plus one additional apace for every 5,000 square feet of total floor area over 20,000 square feet including any basement area if used for industrial use. Physician, "dentist,or , Two parking spaces in addition to other professional person spaces required for a dwelling yho has established an unit. office for consultation or'other emergency treat- ment in his private residence. Self-Service Departmental Wholesale' or Business other permitted CODDllercial uses Schools Grocery, Store, Discount M;_niml1~ Pa""ki nQ' RAQPi'rAd ~ne (~) parking space, or one garage or one carport per dwelling unit. Four parking spaces for each practising doctor or dentist. Where there are fixed seats, one parking space for 4very five seats, or ten feet of bench space. Where there are no fixed seats, one Park- ing space for. each 100 square feet of floor area devoted to public use. One parking space for each two beds or 400 square feet of floor area whichever is greater, plus one adaitional space for each resident doc~or or resident employee. One parking ~pace per suite for the first iilO" suites. One additional - parking spaCe per 5 su~tes above 20 suites. One additional parking u~~~.~ce for ea.ch.100 square feet of floor. area d.ev"ted to publiC use. One parking space per rental unit. One additional parking space for each 100 square feet of floor area devoted to public use. One parking space per 300 square feet of total ,floor area. One parking space for every 100 aquare feet of total floor area. Clinic Churches, auditoria, restaurants, theatres, arenas, halls, private clubs and other places of assembly (including fuI1e1"al homes) Hospitals, institutions Hotels Motels Offices Industrial -..-- Pace 9 Regular Meet~g of Council 4 Novelllller 1969CQQ.tinued; 3.12 PaT'winD' A~a R_g,pi-r...nta.: \ J Parking areas .hall conform to the following requireDIents; (a) The parking area shall be. in the Sa11le zone and within 500 feet ~f t~e location it is intended to serve. ' (b)". Each parking .pace shall be 10 feet by ZO feet and shall be provided with Unobstructed access to a street by a driveway, aisle or lane. (c) The parking area and approaches shall be . .urfaced with ;concrete~. al\lphalt~ crush.ed stone, gravel or a eombi~atlon'thereof with a stable surface treated to~prevent the raising of dust or loose particles. 3.13 Ohnt~nrious U$lP-S: . No obnoxious use shall be permitted within any Zone. 3.14 DwAl;iTu~ -qrtit.s: .-- Basement or Cellar: No basement or cellar or part of a bas~ent or cellar of any building shall be used as a complete dwelling unit and nQ part of a baseDIent or cellar may be used for calculating the required min~um fl~or area of any residence. 3.15 LatA Having LeaR ~.a And/Q~ Fpontag~: Where a lot having a less~r area .and/or frontage than that required herein is held under distinct and separate ownership fr~ abutting lots as shown by a registered conveyanc~ in the records of the Registry or Land Titles Offic~ at the date of the passing of this By-law, or where such a lot is created as a result of an expropriation, such smaller lot may be used and a building or structure may be erected, altered or used on such &maller lot, provided that all other requirements of this BY-law are complied with." 4. That Section 1+ of By-law Number 159Z, as a11lended, is hereby de~eted and,the following substituted therefor: nSE~TIOlf 11. -_~qTQ.JiTTAL ZONE {R1 1 I+.IJJS~S PERMITTED No person shall within any Rl Zone use any lot or erect or use any building or structure for any purpose except one or more of the folloWing uses: (a) RESIDENTIAL USES; a single fa11lily dwelling. (b) NON-RESIDENTIAL USES: a church; a clinic; a school - not operated for profit or gain; a hospital; a nursing home. (c) Nothing in this section shall prevent a person residing in a dwelling 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 artist, an accountant or travelling salesman from using as professional offices not more than 25% of the total floor area of the dwelling in which he or she is domiciled, provided that:- (i) there shall be no advertising other than a nonilluminated sign not more than one square foot.in area., (ii) 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. (iii) there is no external. storage of goods or materials. (iv) there are no goods, wares or merchandise exposed for sale. r "..",-.'~.. Page 10 Regular Meeting of Council 4 November 1969 continued: 5. ~v) there is no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or house- hold purposes or for use by a dentist, physician or other medical practitioner or other professional persons. 4.2 ZONE PROV~SIONS No person shall within any Rl Zone use any lot or erect or use any building or structure except in accordance with the following provisions: (a) RESIDENTIAL USES: In accordance with the provisions of Appendix 1 hereof. (b) NON-RESIDENTIAL USES: In accordance with the provisions of Appendix 2 hereof..n That Section 5 of By-law Number 1592, as amended, is hereby deleted and the following substituted therefor: .SECT~ON ~ - RIm AT. RESIDENTIAL ~OHE (RR) 5.1 USES PRRMITTED No person shall within any RR Zone use any lot or erect or. use any building or structure for any purpose except ~ne or more of the following uses: (a) RESIDENTIAL USES: a single family dwelling. (b) NON-RESIDENTIAL US;&S: a church; . a school - not operated for profit or gain. (c) Nothing in this section shall prevent a person residing in a dwelling from carrying on any domesti~ or household art, a physician or other medical practitioner, a dentist, a lawyer, an insurance agent,. an engineer, an architect, an artist, an accountant. or travelling salesman from using as professional offices not more than 25% of the ~otal floor area of the dwelling in which he or she is domiciled, provided that:- (i) there shall be no advertising other than a non-illuminated sign ~ot more than one square foot in area. (ii) no person other than those r~siding 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. (iii) there is no external storage of goods or materials. (iv) there are no goods, wares or merchandise exposed for sale. ,(v) there is no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or household purposes or for use by a dentist, physician or other medical practitioner or other pro~essional persons. 5.2 ZONE PROVTSTONS No person shal~ Wi~hin any RR ione use any lot or erect or use any building or structure except in accordance with the following provisions: (a) RESIDENTIAL USES: In accordance with the provisions of Appendix 1 hereof. (b) NON-RESIDENTIAL USES: In accordance with the provisions of AppendiX 2 hereof.1t That Sec~ion 6 of By-law Number 1592, as amended, is hereby deleted and the follOWing substituted therefor: "SECTION 6 - COMMERCTAI~ ZONE tel 6.1 USES PERMTTTED No person shall within any C Zone use any lot or erect or use any building or structure for any purpose except one or more of the follOWing uses: . ~ ~ "- e 6. Page 11 Regular Meeting of Council 4 November 1969 continued: (a) RESIDENTIAL USES: a dwelling unit in a Non~Residential building. (b) NON-RESIDENTIAL USES: a retail store not engaged in manufacturing in the premises unless such manufacturing is incidental to retail business, does not exceed fifty percent (50%) of the floor area and the products manufacturEld are primarily for sale at retail on the premises; an office; a restaurant; a hotel;' a clubroom, private club or fraternal a theatre; a service station; a barber shop; a beauty parlour; a billiard or- poolroom; a dance hall; , an undertaking establi.'$hment; a laundry or dry cleaning.~8tablishment; a newspaper office and/or plant; a telephone exchange; a lodging and/or boarding house; a bake shop; a shoe repair shop; a bank. 6.2 ZONE PROVISIONS No person shall within any C Zone use any lot or erect or use any building or structure except in accordance with the following provisions: (a) ,RESIDENT IAL USES: In accordance with the provisions of AppendiX 1 hereof., (b) NON-RESIDENTIAL USlS: In accordance with the provisions of Appendix 2 hereof." That Section 6A of By-law Number 1592, as amended, is hereby deleted and the following Section 7 substituted therefor: "SECTION ? .- HIGHWAY CO~CIAL ZONE (He) 7.1 USES PERMITTED No person shall within any HC Zone use any lot or erect or use any building or structure for any purpose except one or more of the following uses: (a) RESIDENTIAL USES: a single family dwelling, .in eonjunction with a permitted Non-Residential use if occupied by the owner, caretaker, watchman, or other siJnj,lar person, employed on the lot on whieh such dwelling is located, and his family; a dwelling unit in a Non-Residential building, if occupied by the owner, earetaker, watehman or other similar person employed on the lot on which sueh dwelling unit is located, and his family. (b) NON-RESIDENTIAL USES: a farmers' co-operative corporation within the meaning of The Corporations Act; a farm implement dealer ; a restaurant; a sporting goods service centre; a public or municipal garage; a serviee station; a hotel; a motel (with OF without restaurant facilities); a car wash station; a commereial nursery; a fruit and vegetable"produee. sales outlet. _- organization; 7. - r .. ~... ::;T; Page 12 Regular Meeting of Council 4 November 1969 continued: l ~e 8. , 9. e 7.2 ZONE PROYISlONS No person shall within any HC Zone use any lot or erect or use any builQing or structure except in accordance with the fo:).lowingPiov,isions: (a.) RESIDENTIAL USES: In accordance ~th the provisions of Appendix 1 h~reof. \ J (b) NON-RESIDENTIAL USES: In accordance w~th the provisions of Appendix Z hereof." . That Section 7 of By-law NusQer 1592, as amended, is hereby Qeleted and th. folloWing Section 8 sUQstituteQ therefor: .SECTION ~,~ IND~JS~~!AL. ZO~ {Mol} $.1 USES 'PERMITTED ~ No person shall within any Ml Zone use any lot or erect or use any builQing or structure for any purpose except one or more of the follOWing uses: (a) RESIDENTIAL USES: : a singl~ family dWelling, ;njconjunction witha .permitted Non-Residential use if occupied by the : owner , caretaker; -watchlJ!~ or other similar person employed on the lot on which such dwelling is located, and his family. (b) NON-RESIDENTIAL USES: \ an,industrialbuilQing, provided such industrial building is not useQ for any purpose which from its nature or materials used therein is or may.become obnoxious by reason of the emission of odour, dust, amoke, noise, gas, ~umes, cinders, vibrations, refuse matter, or water-carried wastes, and provided further, that no part of the lot is use~.for the open storage of goods or materials. 8.2 ZONE PROVTSTONS No person shall Within any Ml Zone use any lot or erect or use any building or structure except in accordance with the follOWing provisions: (a) RESIDENTIAL USES: In accordance with the provisions of Appendix 1 hereof. (b) NON-RESIDENTIAL USES: In accordanc~~ith the provisio~s of Appendix 2 hereof.." That Section $ of By-law Number 1592, as amended, is hereby deleted and the.following Section 9 substituted therefor: .S~CTION Q -..OPEN SPACR ZO)lE. (as) 9.1 USES PERMTTTED NQperson sh~ll w~thifi any OS Zo~e use any lot or erect or use any building or structure for any purpose ~xcept one or more of the following uses: (a) RESIDENTIAL USES: a dwelling~unit in a Non-Residential building, if occupied by the owner, caretaker, watchman or ot~er similar person employed full time on the lotIon whica~ch d~.~ling unit is located, and his family. (b) NON-RESIDENTI4lL USES: a publiC or privat~ Park, including tourist c~ping facilities.; .refreshment rooms; conservation areas; ski areas; a public building including a museum or display, an arena, community hall, water supply or waste disposal facility, sports field (courts or greens), entertainment facilities; a pool; an agricultural fairg~ounds; a bandstand; a boating facility, including boathouses; a golf course or golf driving range; a school; a hospital; a church. ,~, Page 13 Regular Meeting of Council 4 November 1969 continued: 9.2 ZONE PROVISIONS No person shall witltin,'any OS'Zone use any lot or erect or use any building or structure except in accordance with the folloWing provisions: (a) RESIDENTIAL USES: .' In accordance with,theproviisions of Appendix 1 hereof. (b) NON-RESIDENTIAL .USES: In accordance with t~e provisions of Appendix 2 hereof:" 10. THAT Section 9 of By-law Number 1592, as amended, is hereby'del.eted. 11.That Section 10 of By-law Number 1592, as amended, is hereby deleted and the folloWing substituted therefor; "SECTIOlf 10, - i.AGRT-Ctn.T-URE -Z9HE- rA) 10.1 USESPP.RMT1TED No person shall within any A Zone use any lot or erect or Huse any building or structure for any purpose except one or more of the following uses: (a) .RESIHNTIAL uSIS: a single family -dwelling. (b) NON-RESIDENTIAL USES: a farm; a hospital, clinic, library, church, school, comniunity eentre,mw'iicipal )building, and a"cemetery, mausoleum, columbarium, or crematorium established with the approwi of the Department of Health under the Cemeteries Act; a rural home occupation and the office of a veterinary su~geon, and premises for thecemergency treatment of animals. 10.2 ZONE PROVISTONS .No person shall Within any.A Zone use any lot or erect or use any building or.structure except in accordance with the following provisions: (a). RESIDENTIAL USES: In accordance with the provisions of Appendix 1 hereof. ' (b) NON-USIDENTIALUSES: In accordance with the provisions of Appendix 2 hereof.. 10.3 SPECTAL PROVI~TOHS (a) "A-ln - Lo~ 2~. Con~AAAion ~ In addition to the uses referred to in . Section 10.1 hereof, that part of Lot 23, Concession 3, which is.designated 'A-l".,oJl ,Schedule" '!A."i' may. be- used for the purposes of L.a.. shooting range . (e) "A-2M -LQ~a ~~t ~k ann ~~_ Cnn~ARginn Q In addition to the uses referred to in Section 10.1 hereof, those parts of Lots 33, 34 and 35, Coneession,9~ which are -designated "A-2" on Schedule "A", may be cused for the purposes of a racetrack for motor vehicles. . (e) QA-~ - Lot ~2_~Cftn~A.g;On h In addition to the uses referred to in Section 10.1 hereof,-that, part of Lot '32, Concession 4, which is designated "A-3" on Schedule "A", may be used for the ~rposes.of a livestock auction barn." e-. - c' ~":,;"~~,,.~_.,,." e 12. That Section 11 of By-law Number 1592, as amended, is hereby deleted and the following substituted' therefor: "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 no land shall be severed from an existing lot, if the effect of such change, 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 lot is contravened." 13. That Section 13 of By-law Number 1592, as amended, is hereby dLeted and the following substituted therefor: "SECTION 1 ~ - PRIOR BUTT~DIHG P~MITS Nothing in this By-law shall prevent the erection or use for a purpose prohibited by the By-law of any building or structure the plans for which have, prior to the day of the passing of the By-law, been approved by the municipal architect or building inspector, so long as the building or structure when erected is used and continues to be used for the purpose'fer which it was erected and provided the erection of such building or structure is commenced within two years after the day of the passing of the By-law and such building orstructure is completed within a reasonable time after the erection thereof is commenced." 14. That Section 14 of By-law Number 1592, as amended, is hereby deleted and the follOWing substituted therefor: .SECTION lk-EXCEPTTONS 14.1 Nothing in this By-law Shall prevent the lands in the M1 or OS Zones from being used for one or more of the following uses: an apiary; an aviary;' a berry or bush crop; a field crop; a flower garden; a greenhouse; a horticultural nursery; a kennel establishment for aomestic pets; a market garden; an orchard; a public use in accordance with section 3.$ 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. 14.2 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." 15. That By-law Number 159Z, as amended, is hereby further amended by adding at the end thereof ItAppendix 111 and "Appendix ZU wheh are attached hereto-and form part of this By-law. 16. That Schedule "AU to By-law Number 1592, as amended, is hereby deleted and the attached Schedule nAn forming part of this By-law, is substituted therefor. 17. This By-law shall become effective on the date hereof subject to receiving the approval of the Ontario Municipal Board. , I 1 I Page 14 Regular Meeting of Council 4 November 1969 continued: - APPENDIX 1 PROVTSTONS FOR RESTDEN'TTAI. USES (1) SIVGLB-FAMILY DWELLIHG No person shall use any lot or erect or use any building or structure for the purpose of a single- family dwelling except in accordance with the following provisions: Page 15 Regular Meeting of Council 4 kOTember 1969' continued: , (a) LOT FRONTAGE: Minimum in in in (b) (c) (d) (Ed (f) (g) the narrow side each additional 'partial storey above the first provided that where a garage or carport is attached to or is within the main building or the lot is a corner lot, the minimum width of the side yard shall be 4 feet plus 2 feet for each additional or partial storey above the first. SETBACK: in A and RR Zones Minimum distance from centre line of a Provincial Highway a County Roao a Township Road all other roads' in Rl and other Zones Minimum distance from centre line of a Provincial Highway a County Road a Township Road all other roads in A Zones RR Zones Rl Zones where sanitary sewers and public water supply not available where served by sanitary sewers or public water supply where served by both sanitary _ sewers and publiC water supply other Zones_ .' where sanitary sewers and public water supply not available where served by sanitary'sewers or publicwatar supply' , " where served by bo~h sanitary sewers and public water supply except that in no case shall the lot frontage of a corner lot be less than 70 feet. .' LOT aREA: Minimum in A Zones in RR Zones in Rl Zones and other Zones where sanitary sewers and public water supply not available where served by sanitary sewers or public water ~upply . _ where served by both sanitary sewers and public water supply except that in no case shall the lot area of a corner lot be less than 7,000 square feet.. LOT COVERAGE: Maximum for all buildings in A Zones . in RR and Rl Zones. in other Zones FRONT YARD: Minimum depth in A and RR Zones . in Rl and other Zones REaR YARD: - Minimum depth SIDE YARD: Minimum width in A and RR Zones in Rl an~ other Zones 20% 30% 35% of of of 330 feet. 150 feet. 120 feet. 75 feet. 60 feet. 100 feet. 75 feet. 50 feet. e 40 acres. 1 acre. ~5,000 square feet. 7,500 square feet. 5,000 square feet. the the the lot lot lot area. area. area. 50 feet. 20 feet. 35 feet. 25 feet. 14 feet on one side, 4 feet on other side plus 2 feet on for or no 100 93 83 feet. feet. feet. feet. - 80 70 63 53 feet. feet. feet. feet. Page 16 Regular Meeting of Council 4 November 1969 continued: - (h) FLOOR AREA: Minimum '."I~;'/o.~_'. ., in A and RR Zones" 1,200 square feet. in Rl and other Zones 960 square feet. (i) HEIGHT OF BUILDING: Maximum 30 feet. (j ) FARMER RETAINING LOT: Notwithstanding any provisions of this by-law to the contrary, a bona fide;farmer, whose,chief source, of income is derived from farming operations consisting in whole or in part of growing crops, raising cattle or livestock or operating a dairy farm in an Agricultural Zone, may retain a lot from the sale of his farm and erect or use thereon a single family dwelling in accordance with the prOVisions of this By-law for RR Zones, provided that if the land is subject to a subdivision control By-law then this clause (j) shall not apply except and unless a consent to the separation of the lot is obtained from the Committee of Adjustment or'from the Minister of Municipal Affairs if there is no Committee of Adjustment, and provided further that such dwelling and'lot shall be deemed a permitted use for subsequent purchasers and owners thereof. (2) DWEtT.TNG UNIT IN A NON-RP'_~TDEN''J'TAL BUTl~TNc; No person shall use any lot or erect or use any portion of a Non-Residential building for the purposes of a dwelling ~nit except in accordance with the following provisions: (a) . DWELLING UNIT AREA: Minimum area, exclusive of halls and stairways 600 square feet. (b) LOCATION: Within Non-Residential building and above the first floor. (c) EXCEPTION: In no case shall a awelling uait b~ located in a Non-ReSidential building which is used for the purposes of a service station or public garage. APPENDIX 2 PROVISTOVS FQR HO~-.ESTDE~TAT. USES No person shall use an~ lot or erect or use any building or structure for the purposes of any Non-Residential use except in accordance with the following provisions: (a)8 LOT FRONTAGE: Minimum in A and HC Zones 150 feet. in Rl, RR. Ml and OS Zones 100 feet. (b) LOT AREA: Minimum in A and HC Zones 1 acre. in Rl, RR, Ml and OS Zones 10,000 square feet. (c) LOT COVERAGE: Maximum for all buildings in A, Rl and RR Zones 30% of the lot area. in C.Zones 75% of the lot area. in HC and Ml Zones 50% of the lot area. in OS Zones 5% of the lot area. (d) FRONT YARD: Minimum depth in A, RR, HC and OS Zones 50 feet. in Rl Zones 25 feet. in C Zones average front yard of existing build- ings on street within same street block. in Ml Zones 25 feet, except where opposite an Rl or RR Zone, in which case 50 feet. - Page 17 Regular Meeting of Council 4 November 1969 continued: (e) REAR YARD: Minimum depth in A, Rl, RR, He and OS Zones in M1 Zones (f) SI:tlE YARD: Minimum width in A, Rl, RR, Hc and OS Zones in M1 Zones (g) (h) (i) SETBACK: in Rl and M1 Zones Minimum distance from centre a Provincial Highway a County Road A Township Road all other roads in A, RR, Hc and OS Zones, and in Ml Zones where opposite an Rl or RR Zone Minimum distance from centre a Provincial Highway a County Road a Township Road~ all other roads HEIGHT OF BUILDING: Maximum in Ri and RR Zones 35 feet. 35 feet, except where opposite an Rl or RR Zone, in which case 50 feet.' 25 feet. 15 feet, except where opposite an Rl or RR Zone, in which case 50 feet. e,. line of 85 feet. 75 feet. 68 feet. 58 feet. line of 110_feet. 100 feet. 93 feet. $3'feet. , i the lesser storeys or 40 feet . of 4 40 feet. in all other Zones SPECIAL PROVISION - BOAT HOUSES: Notwithstanding aay provisions of this By-law to the contrary, no side or rear yard is . required for a boathouse which abuts navigable water. SCHEDULE "A" Map 3 CON. VI ~~ .. .. \ u'2l' // A ., I CON 1 I SCHEDULE .A. TOWNSHIP OF CLARKE MAP 3 CON. VII RR RR CON VI - 0_11711 01 K_nrloJ Af6a A A A A A Page 20 Regular ~eeting'of C~uncil' 4 Wovember 1969 continued: ,The following" BY...,;J,.'t~",,:fas re",,~ ~..third time and finally passed: '~ flv-Law'No6 16-c;;L.. ,-'. '-. Being a by-law to stop-up certain roaa allowances and certain parts of road allowances in tne township of Clarke. WHEREAS notice of intention to pass tnis by-law was published once a week for at least fou~ 8uccessive weeks in the Orono Weekly ,Times and w.as post.~ ;,,:p, for at least one month in six of the most public place. in the immediate neighbourhood of each 'of the said road allowances or ~ar~s of road allowances hereby affected as required by the provisions of The Municipal Act; " AND WHEREAS Council has received no objectio~s from persons claiming that their land would be prejudic'ially affected by ~~~~; ",,, NOW i'HI:R.EFORE the' Municipal Council of the Corporation of ' the Township of Clarke ENACTS AS FOLLOWS: 1 ~ THAT alL those road allowances and parts of road allowances in the ToWnship of Clarke described in Schedule "AU ~d forming part of this by-law be and the same are hereby stopped up. THE CORPORATION OF THE TOWNSHIP OF CLARKE ' " SCHEDULE "All 'to By-Law No.l:654 1. That portion 'of t. Allowance for Road 'b'Eltween Lot /) and Lot 7 in the Broken Front Concession of the Township of Clarke, County of Durham, from the southerly boundary of the Lakeshore Road Allowance 'to Lake Ontario together with the area in the said Allowance for Road between the northerly boundary and the southerly boundary of the Canadian Pacific Railway public ' crossing between said Lot 6 and 'Lot 7 in the Broken Front Concession of the Township of Clarke. The former said public crossing to remain as a farm crossing with gates. 2. That' pOrtion of' the Allowance for Road between Lot 10 and Lot 11 in the Broken Front Concession of the Township of~larke, County of Durham, from the northerly boundary of the Canadian Pacific Railway Crossing to the northerly boundary of the Lake- shore Road Allowance inclusive of the public crossings at the said Canadian 'Pacific Railway and Canadian' National Railway. The former said publiC crossings to remain as farm crossings with gates. .. 3. That portion of the Allowance for Road between Lot 20 and Lot 21 in the Broken Front Concession 'of 'the Township of Clarke, County of Durham, from the southerly ooundary of' the'Lakeshore Road Allowance to Lake Ontario inclusive 'of the Canadian Pacific Railway and Canadian National Railway public crossings. The former said public crossings to remain as farm crossings with gates. 4. Part of' the goad Allowance between Lot 32 and Lot 33 in tHe First Concession of the Township of Clarke, County of Durham, and being that portion of the said Road Allowance lying south of the southerly edge of an existing Service Road which runs westerly from the said Road Allowance southerly of and parallel to the southerly boundary of the Canadian National Railway; southerly from such a point of commencement to Lake Ontario. 5. The unopened Road Allowance between Lot 34'and Lot 35 in . the Second Concession of the'Township of Clarke, County of Durham, extending from the northerly lim4t of Queenus Highwa1 No~ 2 to the northerly limit of the said Second Concession. ' R....olutiqn No. lJ..'S:Moved by W.R.Carveth,seconded by J.W.Stone: Thia Council hereby adjourn to meet again in regular 'meeting'on December 15, 1969 or in special meeting at the call of the Reeve. Carried. ' ~ . I~ t9 ;j'.,~ Reeve. . - Clerk. , -