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HomeMy WebLinkAbout80-4 ",. - . THE CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 80- 4 A By-law to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 2 of By-law 79-44, is hereby amended by deleting from . subsection 81 the words "a motor vehicle service station, a motor vehicle gasoline bar". 2. Section 2 of By-law 79-44 is hereby amended by deleting from subsection 84 the words "a motor vehicle service station". 3. Section 2 of By-law 79-44 is hereby amended by adding to sub- section 105, after the words "Commission or Ministry" the words ",including Ontario Hydro". 4. Section 3 of By-law 79-44 is hereby amended by adding to sub- section l7(d) the following: "However, Council approval shall not be required for any power transmission line to be erected by Ontario Hydro, provided that such a line has been a~thorized pursuant to the provisions of . the Environmental Assessment Act~ 1975." _~ 1 _____,____ . -"'. ~. .. '. " - 2 - 5. Section 4 of By-law 79-44 is hereby amended by deleting from subsection 1 the words liES TATE RESIDENTIAL ZONE" and the symbol "ER" . 6. Section 6 of By-law 79-44 is hereby amended by deleting from subsection l(b) thereof the words "a golf course". 7. Section 14 of By-law 79-44 is hereby deleted and replaced by the following: "SECTION 14 HIGHWAY COMMERCIAL (C2) ZONE l4.l PERMITTED USES No person shall within any C2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C2 uses, namely: (a) RESIDENTIAL USES a single family dwelling house, if occupied by the owner, caretaker, watchman or other similar person and his family, if employed on the lot on which such dwelling house is located a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES an ambulance service a convenience store a drive-in restaurant a dry-cleaning establishment an eating establishment a farm implement dealer a farm produce retail outlet a greenhouse a hotel a coin-operated laundry ~. .. - 3 - a motel a motor vehicle dealership a motor vehicle repair garage an automatic motor vehicle wash a rental agency a touris t home 14.2 ZONE PROVISIONS No person shall within any C2 Zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINUiUM) (i) (ii) . (iii) (iv) (vi) (vii) . (v) public use single family dwelling on interior lot with public water and sanitary sewers single family dwelling on corner lot with public water and sanitary sewers single family dwelling on public water and septic tank or private well and sanitary sewers single family dwelling on private well and septic tank hotel or motel on public water and sanitary sewers hotel or motel on public water and septic tank or private well and sani- tary sewers Nil 6,000 sq. ft. 8,400 sq. ft. l2,000 sq. ft. 24,000 sq. ft. 20,000 sq. ft. 30,000 sq. ft. except that an addit- ional 2~000 sq. ft. of lot area is required where a dwelling unit is located in a portion of a non-residential building (b) LOT FRONTAGE (MINIMUM) (i) public use (ii) single family dwelling on interior lot with public water and sanitary sewers - 4 - . (viii) hotel or motel on private well and septic tank (ix) other permitted uses on public water and sanitary sewers (x) other permitted uses on public water and septic tank or private well and sanitary sewers . (xi) other permitted uses on private well and septic tank . 40,000 sq. ft. except that an additional 4,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-resi- dential building 7,500 sq. ft. 15 ,000 sq. f t. except that an additional 2,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-residential building 30,000 sq. ft. except that an additional 4,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-residential building Nil 50 feet - 5 - . (iii) single family dwelling on corner lot with public water and sanitary sewers (iv) single family dwelling on public water and septic tank or private well and sanitary sewers (v) single family dwelling on private well and septic tank (vi) hotel or motel on public water and sanitary sewers (vii) hotel or motel on public water and septic tank or private well and sanitary sewers (viii) hotel or motel on private well and septic tank (ix) other permitted uses 70 feet 100 feet 120 feet 100 feet 150 feet 200 feet Nil . (c) FRONT YARD (MINIMUM) (i) hotel or motel 45 feet (ii) other permitted uses 25 feet (d) INTERIOR SIDE YARD (MINIMUM) (i) single family dwelling . 10 feet on one side, 4 feet on the other side plus 2 feet on the narrow side for each addition- al or partial storey above the first, provided that wha:-e a garage or carport is attac- hed to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or parual storey above the first. '. . . . - 6 - (ii) other permitted uses 20 feet except that where the interior side lot line abuts a Residential Zone the min- imum interior sideyard width shall be 30 feet. (e) EXTERIOR SIDE YARD (MINIMUM) (i) hotel or motel (ii) other permitted uses 40 feet 25 feet (f) (g) REAR YARD (MINIMUM) 25 feet DWELLING UNIT AREA (MINIMUM) Minimum for a dwelling unit con- taining one bedroom 600 sq. ft. Minimum for a dwelling unit con- taining two bedrooms 700 sq. ft. Minimum for a dwelling unit con- taining three bedrooms 900 sq. ft. Minimum for a dwelling unit con- taining more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (h) FLOOR AREA RATIO (MAXIMUM) (i) public use on public water and sanitary sewers (ii) public use on public water and septic tank (iii) public use on private well and septic tank or private well and sani tary sewers (iv) single family dwelling on public water and sanitary sewers (v) single family dw~lling on public water and septic tanks or private well and sanitary sewers 0.50 0.35 0.25 0.40 0.20 (vi) single family dwelling on private well and septic tank O.lO . - 7 - (vii) hotel or motel on public water and sanitary sewers 0.35 (viii) hotel or motel on public water and septic tank or private well and sanitary sewers 0.12 (ix) hotel or motel on private well and septic tank 0.09 (x) other permitted uses on public water and sanitary sewers 0.40 (xi) other permitted uses on public water and septic tank or private well and sanitary sewers 0.30 (xii) other permitted uses on private well and septic tank 0.15 . . (i) (j) LOT DEPTH (MINIMUM) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 (b) Highway 2 (i) single family dwelling or public use (ii) other permitted uses (c) Regional Road (i) single family dwelling or public use (ii) all other permitted uses (d) Other Road (i) single family dwelling or public use (ii) all other permitted uses (k) (l) (m) LANDSCAPED OPEN SPACE (MINIMUM) DWELLING UNITS PER LOT (MAXIMUM) BUILDING HEIGHT (MAXIMUM) Nil 195 feet 88 feet 98 feet 58 feet 68 feet 58 feet 68 feet 30% I 35 feet - 8 - . (n) SINGLE FAMILY DWELLING HOUSE AND NON-RESIDENTIAL BUILDING ON SAME LOT Where a permitted single-family dwelling house is erected, altered or used on the same lot in a Com- mercial Zone as a permitted Non-Residential building, then no yard is required between such buildings, pro- vided that in no case shall a single-family dwelling house be erected, altered or used within 10 feet of a motor vehicle service station, motor vehicle gasoline bar, or motor vehicle repair garage. . (0) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the corresponding provisions for the non-residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle garage, motor vehicle dealership, or motor vehicle service station. (p) GROSS GUEST ROOM AREA (MINIMUM) (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof 200 sq. ft. 14.3 USES PERMITTED IN C2-l ZONE A trailer sales, service, and rental outlet and the over- night rental of existing trailer spaces during May to October only shall be a permitted use in the C2-l Zone in Lot 25, Concession I as delineated on Schedule 'A' Zone Map. 14.4 USES PERMITTED IN C2-2 ZONE In addition to the uses permitted by subsection l4.1 hereof, the lands designated C2-2 on the attached Schedule "A" hereto may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions: . (a) RETAIL GASOLINE ESTABLISHMENT (i) LOT AREA, (MINIMUM) 12,500 sq. ft. (ii) LOT FRONTAGE (MINIMUM) 125 feet (iii) FRONT yARD (MINIMUM) 45 feet .' . - 9 - (iv) INTERIOR SIDE YARD (MINIMUM) (v) (vi) (vii) (viii) EXTERIOR SIDE YARD (MINIMUM) REAR YARD (MINIMUM) FLOOR AREA RATIO (MAXIMUM) LOT DEPTH (MINIMUM) 20 feet except that where the interior side lot line abuts a Residential Zone, the minimum interior side- yard width shall be 30 feet 40 feet 25 feet 0.17 100 feet except that where the lot is a corner lot, the minimum lot depth shall be 125 feet. (ix) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 98 feet (b) Regional Road 68 feet (c) Other Road 68 feet (x) LANDSCAPED OPEN SPACE (MINIMUM) 30% (xi) BUILDING HEIGHT (MAXIMUM) 35 feet . (xii) . PUMP LOCATION Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or motor vehicle gasoline bar, may be located within any front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street line shall be 15 feet; and (ii) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. - 10 - . (xiii) GROSS GUEST ROOM AREA (MINIMUM) (xix) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. (b) OTHER PERMITTED USES In accordance with the provisions of subsection 14.2 II hereof. 200 sq. ft. 8. Section lS of By-law 79-44 is hereby deleted and replaced by the following: . "SECTION 15 GENERAL COMMERCIAL (C3) ZONE lS.1 PERMITTED USES No person shall within any C3 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C3 uses, namely: (a) RESIDENTIAL USES a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES a business or professional office a convenience store . a dry cleaning establishment an eating establishment a financial office a funeral home a hotel a coin-operated laundry a laundry establishment a medical clinic a motel a parking lot a passenger transport depot a place of entertainment a retail commercial establishment a service shop a taxi office and waiting room - 11 - . 15.2 ZONE PROVISIONS No person shall within any C3 Zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) hotel or motel on public water and sanitary sewers (ii) other permitted uses 20,000 sq. ft. Nil (b) LOT FRONTAGE (MINIMUM) (i) hotel or motel on public water and sanitary sewers (ii) other permitted uses lOO feet Nil (c) FRONT YARD (MINIMUM) (i) public use (ii) other permitted uses 25 feet Nil . (d) INTERIOR SIDE YARD (i) public use (ii) other permitted uses 20 feet Nil (e) EXTERIOR SIDE YARD (MINIMUM) (i) public use (ii) other permitted uses 25 feet Nil (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses Nil (g) LOT DEPTH (MINIMUM) Nil (h) FLOOR AREA RATIO (MAXIMUM) (i) public use on public water and sanitary sewers 0.50 (ii) other permitted uses on public water and sanitary sewers 3.00 . - 12 - . (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 (i) public use 88 feet (ii) other permitted uses 43 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses 53 feet (c) Other Roads (i) public use 58 feet (ii) other permitted uses 33 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use 30% of lot area (ii) hotel or motel 5% of lot area (iii) other permitted uses Nil . (k) GROSS GUEST ROOM AREA (MINIMUM) (I) BUILDING HEIGHT (MAXIMUM) (i) public use (ii) other permitted uses 200 sq. ft. 35 feet Nil (m) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a portion of a non-residential build- ing shall be in accordance with the corresponding pro- visions for the non-residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle service station, motor vehicle repair garage or motor vehicle dealership. . (n) DWELLING UNIT AREA Minimum for a dwelling unit containing one bedroom Minimum for a dwelling unit containing two bedrooms Minimum for a dwelling unit containing three bedrooms 600 sq. ft. 700 sq. ft. 900 sq. ft. . . . - 13 - Minimum for a dwelling unit containing more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (0) MAXIMUM NUMBER OF DWELLING HOUSES PER LOT In a C3 Zone, except in the case of a motor vehicle service station, more than one dwelling unit may be permitted in an existing Non-Residential building provided that no exterior enlargement occurs, that such dwelling units are not located on the ground floor and that such dwelling units comply with all other provisions of this By-law. (p) MOTEL (i) DISTANCE BETWEEN BUILDINGS Where more than one building is erected on the same lot, the minimum distance between buildings shall be not less than 50 feet; provided that where two external walls facing and parallel to each other contain no openings or windows to habitable rooms, the distance between such two walls may be reduced to 10 feet. (ii) COURTS Where a building erected on a lot is in a court form, the distance between the opposite walls of the buildings forming the court shall be not less than 70 feet. (iii) EXTERIOR WALLS Where the exterior wall of a guest room contains a habitable room window such wall shall be located no closer than 25 feet to any interior side or rear lot line. (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. - l4 - . l5.3 USES PERMITTED IN C3-l ZONE In the C3-l Zone, an existing box factoIYshall be a permitted use. 15.4 USES PERMITTED IN C3-2 ZONE In addition to the uses permitted by Section 15.1 hereof, the lands zoned C3-2 may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions: (a) RETAIL GASOLINE ESTABLISHMENT (i) LOT AREA (MINIMUM) (ii) LOT FRONTAGE (MINIMUM) (iii) FRONT YARD (MINIMUM) (iv) INTERIOR SIDE YARD (MINIMUM) . (v) (vi) (vii) EXTERIOR SIDEYARD (MINIMUM) REAR YARD (MINIMUM) LOT DEPTH (MINIMUM) 12,500 sq. ft. 125 feet 45 feet 20 feet except that where the interior side lot line abuts a Residential Zone, the min- imum interior side yard shall be 30 feet. 40 feet 25 feet 100 feet except that where the lot is a corner lot, the min- imum lot depth shall be 125 feet. (viii) FLOOR AREA RATIO (MAXIMUM) 0.17 (ix) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 88 feet (b) Regional Road 78 feet (c) Other Roads 78 feet (x) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (xi) BUILDING HEIGHT (MAXIMUM) 35 feet . '. - 15 - . . (xii) PUMP LOCATION Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or motor vehicle gasoline bar, may be located within any front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street line shall be 15 feet; and (ii) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. (xiii) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. II (b) OTHER PERMITTED USES In accordance with the provisions of Section l5.2 hereof. 9. Section 17 of By-law 79-44 is hereby deleted and replaced by the following: \\ SECTION 17 RESTRICTED INDUSTRIAL (Ml) ZONE "17.1 PERMITTED USES No person shall within any Ml Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following Ml uses, namely: (a) RESIDENTIAL USES prohibited . ". - l6 - . (b) NON-RESIDENTIAL USES a cold storage plant a manufacturing or processing plant a motor vehicle repair garage open storage when accessory to a permitted use a processing plant a rental agency a warehouse a workshop 17.2 ZONE PROVISIONS No person shall within any Ml zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) other permitted uses on lot with . public water and sanitary sewers 20,000 sq. ft. (iii) other permitted uses on lot with public water and septic tank or private well and sanitary sewers 25,000 sq. ft. (iv) other permitted uses on lot with private well and septic tank 30,000 sq. ft. (b) LOT FRONTAGE (MINIMUM) (c) FRONT YARD (MINIMUM) (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone Nil 25 feet 50 feet 80 feet . (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone 25 feet 50 feet 80 feet - 17 - ..' (e) INTERIOR SIDE YARD (MINIMUM) (i) public use (ii) other permitted use on a lot abutting an Industrial Zone (iii) other permitted use on a lot abutting any other zone 20 feet 10 feet 60 feet (f) REAR YARD (MINIMUM) (i) public use (ii) other permitted use on a lot abutting an industrial zone (iii) other permitted use on a lot abutting any other zone 25 feet 45 feet 75 feet (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary ~ sewers (a) public use (b) other permitted uses (ii) lot with public water and septic tank or private well and sanitary 0.50 0.60 sewe rs (a) public use 0.35 (b) other permitted uses 0.35 (iii) lot with private well and septic tank (a) public use (b) other permitted uses 0.25 0.30 . (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 83 feet (iii) other permitted uses on a lot abutting any other zone 113 feet (c) Other Road (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone - 18 - -- (i) LOT DEPTH (MINIMUM) (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use (ii) other permitted uses (k) BUILDING HEIGHT (MAXIMUM) (i) public use (ii) other permitted uses tit 58 feet 83 feet ll3 feet Nil 30% of lot area 5% of lot area 35 fee t If any portion of a build- ing is erected above a height of 40 feet, such portion must be set back from the centre- line of the abutting street or from the front, side or rear lot line, as the case may be, in addition to the minimum setback, front, side or rear yard requirements of this By-law a further dis- tance of one foot for each foot by which such portion of the building is erected above a building height of 40 feet (1) PERFORMANCE STANDARDS All permitted uses in a Restricted Industrial Zone shall be in accordance with the following standards of perform- ance: . " - 19 - te TYPE OF EMISSION MAXIMUM EMISSION PERMISSABLE (i) Noise Imperceptible at any point on any lot line (ii) Odours, Toxic or Corrosive Gases Nil (iii) Vibration Imperceptible outside the building (iv) Glare and Heat Imperceptible outside the building (v) Electromagnetic Imperceptible outside the building (m) OPEN STORAGE No storage of goods or materials shall be permitted outside any building unless such goods or materials are enclosed within a wooden, plastic and/or metal fence, extending at least 6 feet in height from the ~ ground, constructed of new materials. All such fences, except those constructed of aluminum, shall be painted and kept painted, from time to time, so as to maintain the wood or metal in good condition. (n) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards shall be kept open and unobstructed by any structure or parking area for motor vehicles, except for visitor parking areas. (0) PROPERTY ABUTTING RAILWAY Notwithstanding any other provision of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway right-of-way. (p) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." . Ie lO. - . - 20 - Section l8 of By-law 79-44 is hereby deleted and replaced by the following: "SECTION 18 GENERAL INDUSTRIAL (M2) ZONE 18.l PERMITTED USES No person shall within any M2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following M2 uses, namely: (a) RESIDENTIAL USES prohibited (b) NON-RESIDENTIAL USES bus storage a contractor's yard fuel storage tanks a lumber yard a manufacturing or processing plant a motor vehicle body shop a motor vehicle repair garage a municipal yard open storage when accessory to a permitted use a processing plant a rental agency a truck terminal or yard a warehouse a workshop 18.2 ZONE PROVISIONS No person, shall within any M2 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) other permitted uses on lot with public water and sanitary sewers 20,000 sq. ft. (iii) other permitted uses on lot with public water and septic tank or private well and sanitary sewers 25,000 sq. ft. - 21 - -. (iv) other permitted uses on lot with private well and septic tank (b) LOT FRONTAGE (MINIMUM) (c) FRONT YARD (MINIMUM) (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted use on a lot abutting any other zone . (e) INTERIOR SIDE YARD (MINIMUM) (i) public use (ii) other permitted use on a lot abutting an Industrial Zone (iii) other permitted use on a lot abutting any other zone (f) REAR YARD (MINIMUM) (i) public use (ii) other permitted use on a lot abutting an Industrial Zone (iii) other permitted use on a lot abutting any other zone (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary sewer . (a) public use (b) other permitted uses 30,000 sq. ft. Nil 25 feet 70 feet 105 feet 25 feet 70 feet 105 feet 20 feet 10 feet 60 feet 25 feet 45 feet 75 feet 0.50 0.60 - 22 - .. (ii) lot with public water and septic tank or private well and sanitary sewers (a) public use (b) other permitted uses (iii) lot with private well and septic tank (a) public use (b) other permitted uses . (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 40l (b) Regional Road (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone (c) Other Road (i) public use (ii) other permitted uses on a lot abutting an Industrial Zone (iii) other permitted uses on a lot abutting any other zone (i) LOT DEPTH (MINIMUM) (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use (ii) other permitted uses (k) BUILDING HEIGHT (MAXIMUM) (i) public use (ii) other permitted uses 0.35 0.35 0.25 0.30 195 feet 58 feet 103 feet 133 feet 58 feet 103 feet 133 feet Nil 30% of lot area 5% of lot area 35 feet If any portion of a building is erected above a height of 40 feet, such portion must be set back from the centreline of the abutting street or from the front, side or rear lot . . . -. - - 23 - lin~ as the case may be, in addition to the minimum set- back, front, side or rear yard requirements of this By-law a further distance of one foot for each foot by which such portion of the building is erected above a building height of 40 feet. (1) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards shall be kept open and unobstructed by any structure or parking area for motor vehicles, except for visitor parking areas. (m) PROPERTY ABUTTING RAILWAY Notwithstanding any other provision of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway right-of-way. (n) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." ll. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to RU the zone designation of the lands indicated as "Z0NE CHANGE TO RU" on the attached Schedule "X" hereto. 12. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to C2-2 the zone designation of the lands indicated as "Z0NE CHANGE TO C2-2" on the attached Schedule "X" hereto. 13. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to C3-2 the zone designation of the lands indicated as "Z0NE CHANGE TO C3-2" on the attached Schedule "X" hereto. . '. - 24 - II 14. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to RU the zone designation of the lands indicated as "Z0NE CHANGE TO RU- SPECIAL CONDITION 21t on the attached Schedule ItX" hereto~ and by adding to the lands so indicated cross hatching and the figure 2 encircled. II l5. Schedule "B" to By-law 79-44, as amended, is hereby further amended by adding thereto the following Special Condition 2, as follows: "SPECIAL CONDITION 2 The lands shown on Schedule ItA" cross-hatched and marked with the figure 2 encircled shall be subject to the special regu- lations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any,'athe',r p!'c:>vision of By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 79-44, as amended, shall apply. l.l Defined Area The area subject to this Special Condition is shown cross- hatched with the figure 2 encircled on the attached Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except one or more of the following t uses, namely; - 25 - (a) RESIDENTIAL USES a single family dwelling an existing seasonal dwelling house (b) NON-RESIDENTIAL USES a home occupation 1.3 ZONE REQUIREMENTS (a) LOT AREA (MINIMUM) (b) LOT FRONTAGE (MINIMUM) (c) FRONT YARD (MINIMUM) (d) INTERIOR SIDE YARD (MINIMUM) ..,~" ~" (e) EXTERIOR SIDE YARD (MINIMUM) (f) REAR YARD (MINIMUM) (g) DWELLING UNIT AREA (MINIMUM) (h) FLOOR AREA RATIO (MAXIMUM) , 2 acres 330 feet 25 fee t 10 feet on one side 4 feet on the other plus 2 feet on the narrow side for each additional or 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 interior sideyard shall be 4 feet plus 2 feet for each additional or partial storey above the first. 20 feet 25 feet 1,500 sq. ft. 0.10 ~.h \...... - 26 - (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 88 feet (c) Regional Road 58 feet (d) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (k) DWELLING UNITS PER LOT (MAXIMUM) 1 (1) BUILDING HEIGHT (MAXIMUM) 35 feet " 16. This By-law shall come into effect on the date hereof, subject to the approval of the Ontario Municipal Board. I!. BY-LAW READ a first time this 28th day of January, A.D. 1980. BY-LAW READ a second time this 28th day of January, A.D. 1980. BY-LAW READ a third time and finally passed, this 28th day of January, A.D. 1980. ., J (seal) t l ,\, A ,. ~ RU RU RU RU . RU RlI /u G '" , OS I. RU RU \~ RU RU THIS IS SCHE~~LE 'X' TO .flY-LAW 80--1-, PASSED THIS_ DAY OF~JA:O. 19 . . llllJ "",.." Clllll..... lJ!!) ...,....... l!l1l .,. ..,." .... . OlD ..,.".... '.., []D "....,.'., '.., IJaJ "......... ..,.. lDJ ...... ."......, (i) ) ... " ""' '.....-y .',/ ... ....'". m:J lID ~.",....,., [J!!J .........,..... aID ...... ........ (][lJ ..., .M.Mcllroy, 1- ZONE CHANGE TO 'C2-2' 2 - ZONE CHANGE TO 'C3-2' 3 - ZONE CHANGE TO 'RU' 4 ZONe OHANGI TO '"u - SPECIAL CONDITION 2'