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HomeMy WebLinkAbout84-63 0,., \.i. ... 'l,.i .\~ t . .4 '\..; i , .. " . . ,.. ,~, , ; I j lJ I ilL Ii \'1 ,... 11..1.. , ", . . U.lj '~ l; \; ~ ': ~ ; ":::;'\ '" /:", , ,~,I. t ;', \ 1"Y'f'" ... I {, , t/f ;~.~,; ..l":;,~ : :, Iii":;'!: ~ '. ~ .... L!~'i,:i?,': ;',,')i,"\.:',;,:; .t:" ,;);:.,,~;':; ~!.': :-1.;';:::,:\:::; r:\.h '~H ,..L",~", 1}~il!1 \"'f::'::Mi' '.,1 ~:' ',' "t..~ ~"~>{'{~'.~~\ ~ ::::"j::"{; I "'l.; '.:::,'( i.!..:, ""'~ I ~"... .. "1 I kI.YW} . ..~,L... I:;' :.:..:~ ,:::.!~; ;N,.t.r.~~.:..:.: ";':'ii'p h:{\),j.; :':-":';("'~~;;''':' ", '/::::',':,W j /;7. '1Ju1-7- / </. ('l (: '/ '~..i..;( ::....:fi / ~ J\r "r.,,!:_L/'-:f' /.~ .:\ "::.::: f .fl/u--/r7 .: 3 ~ .... ,i,": I 1 J~'- ',\ '. f '.~ V . , , ,Af.t. I. ~---t,(A~r / J.:,i..,.:.;}:. J I:. itlLtl ,,k'vJ ',/. t. .~, " Al.t(r' l'::. '-:; \:' I t.IDED BY AMENDED ~Y tJ. AMENDED BY S AMENDED BY . ~, .. I.~ tf:. ( ...J. ~ / / ~ Ii.. ~? ','/" , ^O-jeJ. aY.lAW#. ........ f) <-t. !\ -61 \ '.:, i I:. 1f-~AW tIlrl.....J. .... BY. LAW #u ..:...... BY-lAW #.I, .......... 't) ?;;) ~;::. i AMENDED B .' '.;...:.~":,/,...t.::: "Bh.':.:.a';~AM~'jvE#DOOf.j'{~/,c;7 BY-LAW #Ql::..29.. AMENDED BJ ' ,~ ,~ ", J BV.LAW #Q..~~{?.. ~:'.:ii:('~',: ,..~ ...........AMENDED BY V:i~\.~....: MENDED BY BY-LAW# 1'"")(-/.47 AMENDED BY A"ENDED BY . ,_ ~ ~l.,.... II k ( .M... ..~.. . Q.{ _&'(J '" r: ff:::\ Y.LAW #..<0.:.k.... AMENDED BY , BY-LAW #.. ........1.. BY.LAW tI:Q:.Q~... i: ":;<'. ~~'. AMENDED BY BY-LAW #Q[ -lSc"'i AUENDED BY . ' .. '\ '///) . .........1. IVI AMENDED BY {;-;\~/:i; BY.LAW#.~"JJ.f.1."AMENDED BY BY-LAW#CI.-73 1\"1-/7::< i\ f # ",~' ........... BY-LAW ,L-J'~......~. idJ,'{ MENDED BY BY.~AW~Q.Q-.I.lf5n. ;':::,T~H< ,Y-LAW/la:t'!~ . '.' .:~! AMENDED BY .. }" i:(~ ""''-'' ", 1, .) BY-LAW ..^1- 'Yn .: ;,,:,:r: '!<'-':..:U BY I ".."~ ...Q:t-I.. ; ':{ :. .~~; ^ r~\~17'( 'I: ' .. .\ .",," 't',f ..._.4\V~. ......11I.."''' 'j j AI :: \,~ .: :.:'" ,.; ~nENDED BY :; ;' .: ii-LAW #Q(.:.~K... ': i" . \:! \ . : !.~ '. :,'AMcNDED BY . i ,~ ; : . ;/ FY-LAW #Q(.~.2~2. t ; ':: ,"', ' MENDED BY { ,: ~ .. V-LAW #.t.;({::.2~ ',', \ BY-LAW NUMBER 84-63 A ZONING BY-LAW AMENDED BY <y REPEALED BY cf4 - 50 .S?8'- :57 rl'" ""'llI:_ _J...n.... BY-LAW~ "_'-"""",0".. AMENDED BY '~' REPEALED BY_ :: ". . 'is'/{- 5 BY-LAW #:7.1... .. . BY.LAW #...........t A by-law to regulate the use of land. the erection of buildings or 5tructures. the type of construction. the height. bulk. location. size. floor area. spacing. external design, character and use of buildings or structures in the TOWN OF NEWCASTLE. PLEASE NOTE: THIS BY-lAW WAS CIRCULATfO TO COUNCIL AT TIlE GENERAL PURPOSE AND AOHlIlISTRATlOH CO~~ I TTEE MEET I NG OF tr'J\Y lTll 1984_ - - f - ',; : : \; .:., t '., ) AMENDED .~!j ~ Y I BY.LAW #h1........... AMENDED ~"c.;~ 8(7-- BY.LAW #............. AMENDED BYl(._ /L( I BY.LAW #.Q........~. AMENDED BY . BY i(\,Lf-ltf'3 .LAW #.~.......... AMENDED BY _ 1 <-{ $' BY.lAW ttO:r......... AMENDED BY BY.L.AW #.Q~~lfaw, AMENDED' BY '-'" ~'iJ- /10 I;) BY-LAW #M.~.....u. AMENDED BY i BY.LAW Ct!.:J.'t..1:.1 AMENDED BY eLf-I!';:!: BY.LAW #......L;J.... AMENDED BY . AMENOE~^~Y _ BY-LAW #2'f::ll~~ BV.LAW w.;I.~'t.. AMENDED BY BY.LAW #,Q:f.~.? , . .;;.~ ' I .' '.1,'. t ':. ~. /. l , . I , \, ':-,t'~.f. ~\ I, ~ , , ~, , t' ~ ',I ' II i .; ,.. I '~~,., ~':fl : i:~ ~'I""':' ,\,:,l" ,',:' ,I ";~: \{.:: i;' ':'.i !.&i "'~i.\f' ': ,\.,' j. "r- d,,',: '. I II I '~:~ "j \".~, " .;',f' ';' ~ .,. '~iJ, i ....,..ti~.. it. ; ~~~:J"~ i.' ", :" t i ;, " I I "'j" '~;, .' '\.. '.'. 1.....~I" '. d ~ . .~, " j d., : 'f' ". .:.' . . '-. . '; i,"": ENDED BY , .!. 1 t' V-LAW #o.'t: ....'-, . .,::~. MENDED BY _ " h 'y,','w#Q''-{;'""<- ,Ui ....... . ...... .,..\.~ AMENDED BY BY-LAW u.OCf- ~nO ...~~~~;, -LAW #........:~ ; . .. AMENDED BY ~Y' A' F')cf" If;,., :r .L W #k.... .,I.'k: . It' " Ii I AMENDED BY , 1 BY-LAW #.9.':!.. .. .". .~ i' I AMENDED ~ ~. 'f 3 M'ENDED BY AI1iiNDED BY BY-LAW #....... i.-,~ BY-LAW ~dfl BY-LAW ~~;L AMENDED BY .' B~UW '- '1'fS AMENDED BY Ame~ED"~ ~~~ u'7hW",7tO BY-lAW~.~ BY-LAW m...IiJ.~. .0 AMENDED BY BY~LAW ~:.rol AMENDED BY u BY.LAW ~:.rtfj - AMENDED r;:-+.<~ At 3 BY-LAW ~.W'. AMENDED BY BY-LAW t!i..?;:f,).~:OJ~ ~, AMENDED BY IY-&.Aw,{!$!f.:r;;/l AMENDED BY ~ IY-LAW~~~ AMENDED BY BY.LAW'~.'fO AMENDED BY . BY.LAW~~:t.'f AMENDED BV BY-LAW~;''f9 AMENDED BY BY-LAW~;';iO AMENDED BV BY-LAW'&':J:5.-sJ. AMENDED BY BY-t.AW~~ PUBLIC NOTICE NOTICE OF THE PASSING OF ZONING BY-LAW BY THE CORPORATION OF THE TOWN OF NEWCASTLE TAKE NOTICE that the Council of the Corporation of the Town of Newcastle passed By-law 84-63 on the 10th day of September, 1984 under Section 34 of the Planning Act, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Corporation of the Town of Newcastle, not later than the 15th day of October, 1984, a Notice of Appeal setting out the objection to the By-law and the reasons in support of the objection. By-law 84-63 is a Comprehensive Zoning By-law regulating the use of land, the erection of buildings or structures, the type of construction, the height, bulk, location, size, floor area, spacing, external design, character and use of buildings or structures in the Town of Newcastle. By-law 84-63 applies to all lands located within the Corporate limits of the Corporation of the Town of Newcastle. By-law 84-63 was given first reading on May 14, 1984 and was published as a supplement to the Canadian Statesman and Newcastle Independent on May 30, 1984. Public information sessions were held in various locations throughout the Town of Newcastle on June 5, 6, 7 and 8, 1984 and a public meeting of the Town's General Purpose and Administration Committee was held on July 3rd, 1984. As a result of the public input received throughout this process, Council on July 23, 1984 and September 4, 1984, resolved to modify By-law 84-63 prior to second and third reading which was given on September 10, 1984. - . Copies of the complete By-law as finally passed by Council are available in the office of the Clerk of the Corporation of the Town of Newcastle and the offices of the Planning Department of the Corporation of the Town of Newcastle during regular office hours. DATED AT THE TOWN OF NEWCASTLE THIS 19th DAY OF First date of Publication September 19, 1984 EXPLANATORY NOTE By-law 84-63 is a comprehensive Zoning By-law regulating the use of land, the height, location, floor area and spacing of buildings or structures and lands subject to flooding or other physical hazard and covers the entire Town of Newcastle. This By-law is intended to implement the Durham Regional Official Plan and the approved portions of the Official Plan for the Town of Newcastle. Where an individual has distinct and separate ownership of a lot which does not meet the zone requirements of the appropriate zone, such individuals should refer to Section 3.6. Where lands are shown in an EP or RS zone, or are located abutting lands so zoned, individuals having an interest in the use of such lands are advised to contact the Ministry of Natural Resources and/or the Conservation Authority having jurisdiction to ascertain what other regulations or requirements may be applicable respecting removal and placement of fill, flooding, erosion and wave uprush as circumstances may warrant. SECTION 1 SECTION 2 SECTI ON 3 SECTION 4 SECTI ON 5 SECTION 6 SECTION 7 SECTI ON 8 SECTI ON 9 SECTION 10 SECTI ON 11 SECTION 12 SECTI ON 13 SECTION 14 SECTION 15 SECTI ON 16 SECTION 17 SECTI ON 18 SECTION 19 SECTION 20 SECTI ON 21 SECTION 22 SECTI ON 23 SECTION 24 SECTI ON 25 SECTION 26 SECTI ON 27 I N 0 E X TITLE, AREA RESTRICTED AND APPLICATION OF BY-LAW DEFINITIONS GENERAL ZONE PROVISIONS ZONES AND ZONE MAPPING ENVIRONMENTAL PROTECTION (EP) ZONE AGRICULTURAL (A) ZONE RURAL CLUSTER (RC) ZONE RESIDENTIAL ESTATE (RE) ZONE RESIDENTIAL HAMLET (RH) ZONE RESIDENTIAL MOBILE HOME PARK (RM) ZONE RESIDENTIAL SHORELINE (RS) ZONE URBAN RESIDENTIAL TYPE ONE (Rl) ZONE URBAN RESIDENTIAL TYPE TWO (R2) ZONE URBAN RESIDENTIAL TYPE THREE (R3) ZONE URBAN RESIDENTIAL TYPE FOUR (R4) ZONE GENERAL COMMERCIAL (Cl) ZONE NEIGHBOURHOOD COMMERCIAL (C2) ZONE HAMLET COMMERCIAL (C3) ZONE SPECIAL PURPOSE COMMERCIAL (C4) ZONE SPECIAL PURPOSE COMMERCIAL (C5) ZONE SERVICE STATION COMMERCIAL (C6) ZONE SERVICE STATION COMMERCIAL (C7) ZONE PRESTIGE INDUSTRIAL (Ml) ZONE GENERAL INDUSTRIAL (M2) ZONE EXTRACTIVE INDUSTRIAL (M3) ZONE INTERPRETATION ADMINISTRATION AND VALIDITY . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84-63 A ZONING BY-LAW A by-law to regulate the use of land, the erection of buildings or structures, the type of construction, the height, bulk, location, size, floor area, spacing, external design, character and use of buildings or structures in the TOWN OF NEWCASTLE. WHEREAS it is considered desirable to control the use of land, the erection and use of buildings or structures in defined areas of the TOWN OF NEWCASTLE in accordance with Section 34 of The Pl ann i ng Act. NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts the following By-law: SECTION 1 TITLE, AREA RESTRICTED AND APPLICATION OF BY-LAW 1. This By-law shall be known as the "Zoning By-law" of the TOWN OF NEWCASTLE. 2. Schedules 1 through 18 inclusive attached hereto, with the notations, zone boundaries, symbols and references shown thereon, illustrate the area to which this By-law applies and are hereby declared to be part of this By-law. 3. No building or structure shall hereafter be erected or altered, and the use of any building, structure or lot shall hereafter not be changed in whole or in part except in conformity with the provisions of this By-law. SECTION 2 o E FIN I T ION S For the purpose of this By-law, the definitions and interpretations given in this section shall govern. ACCESSORY BUILDING OR STRUCTURE Shall mean a detached building or structure constructed after or during the construction of the main building(s) or structure(s) the use of which is customarily incidental and subordinate to a principal use, building or structure and located on the same lot therewith. For the purpose of this by-law, swimming pools shall be considered an accessory building or structure. ACCESSORY USE Shall mean a use established during or after the establishment of the main use which is customarily incidental and subordinate to, and exclusively devoted to, the main use of the lot, and located on the same lot as such main use. ADULT ENTERTAINMENT PARLOUR Shall mean any premises or part thereof in which is provided services of which a principal feature or characteristic is the nudity or partial nudity of any person. AGRICULTURAL PRODUCE WAREHOUSE Shall mean a building or part of a building used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail commercial outlet for the sale of such agricultural produce to the general public. ALTER When used in reference to a building, structure or part thereof, shall mean: (a) to change anyone or more of the external dimensions of such building or structure; or (b) to change the type of construction of the exterior walls or roof of such building or structure~ or (c) to change the use of such building or structure; or (d) to change the number of uses or dwelling units contained therein. ALTER When used in reference to a lot, shall mean: (e) to change the location of any boundary of such lot with respect to a public highway, street, or lane, whether such alteration is made by conveyance of any portion of said lot, or otherwise; or (f) to change any dimension or area, relating to such lot, which is covered by a zone provision; or (g) to change the use of such lot; or (h) to change the number of uses located thereon. "ALTERED" and IALTERATlON" shall have corresponding meanings. AIRFIELD Shall mean any land, lot or buildings used for the purpose of landing, storing, taxiing, or taking off of private or commercial aircraft pursuant to the regulations of Transport Canada. ANIMAL ENCLOSURE Shall mean an area completely enclosed and covered by chainlink fencing of at least 6cm gauge, or solid walls within which one or more animals can be confined and which is surrounded by a publ ic security area, but shall not include a Temporary Holding Space. Where an earthen floor is provided within an animal enclosure, a 2 foot wide stripe of wire mesh shall be provided, extending horizontally underground into the cage from the base of the enclosing wall or fence. ANIMAL ENCLOSURE, LARGE Shall mean an animal enclosure designed to accommodate a cougar, cheetah, bear, lion, tiger, or similar sized animal and shall be limited to a maximum of three (3) animals per enclosure. ANIMAL ENCLOSURE, SMALL Shall mean an animal enclosure designed to accommodate an ocelot, panther, jaguar, lynx, leopard, wolf, bobcat, monkey, or similar sized animal and shall be limited to a maximum of two (2) animals per enclosure. APARTMENT BUILDING Shall mean a separate building containing three or more dwellings which have a common entrance from street level and the occupants of which have equal rights to the use of all common halls and/or stairs and/or elevators and/or yards. This definition may include a senior citizens apartment building but shall not include any dwelling otherwise defined or classified herein. ARENA Shall mean a building, or part of a building, in which the pri nci pal faci 1 iti es provided are for such recreat ional activities as curling, skating, hockey, lacrosse, broomball, or similar athletic activity, which facilities may include dressing rooms, concession booths for the provision of food and refreshments to the general public, bleachers, plant equipment for the making of artificial ice and such other facilities as are normally considered incidental and subordinate thereto. ASSEMBLY HALL Shall mean a building, or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and may include a banquet hall, private club or fraternal organization. ATTACHED Shall mean a building otherwise complete in itself, which has a wall or walls shared in common with an adjacent building or buildings and which would include any wall enclosing a breezeway. ATTIC OR ROOF SPACE Shall mean that portion of a building situated between the roof and the ceiling of the top storey. AUCTION ROOM Shall mean a building or structure used for the storage of goods and materials which are to be sold on the premises by public auction, and for the sale of the said goods and materials by public auction on an occasional basis. AUDITORIUM Shall mean a building, or part of a building, in which permanent or temporary seating is provided for an audience for athletic, civic, educational, entertainment, political, religious or social purposes. BASEMENT Shall mean that portion of a building between two floor levels which is partly below grade but which has at least one-half of its height, from finished floor to the undersides of the floor joists of the next above storey, above the average finished grade level adjacent to the exterior walls of the building. BASEMENT, WALKOUT Shall mean that portion of a building which is partly below grade, but which has more than fifty per cent of the finished floor area not greater than 0.6 metres below the adjacent finished grade level adjacent to the exterior walls of the building, and which has a door, at or above the adjacent finished grade, for entrance and exit directly to the outside. BLOCK Shall mean a unit of land in an urban area, the boundaries of which consist of improved public streets, rivers, railway lines, public parks or any combination thereof and which is occupied or intended to be occupied by buildings. BOARDING OR ROOMING HOUSE Shall mean a dwelling in which the proprietor and/or his agent resides and supplies lodging, with or without meals, in rooms furnished by the proprietor with necessary furnishings in return for monetary compensation, to more than two persons but not more than six persons, exclusive of the proprietor and his immediate family. For the purposes of this By-law a boarding or rooming house shall not include a motel, motor hotel, hotel, group home, hospital or any other similar commercial or institutional use defined or classified herein. BOAT HOUSE Shall mean an accessory building or structure, which is designed or used for the sheltering of a boat or other form of water transportation. BREEZEWAY Shall mean a roofed open passage connecting two or more buildings. BUILDING Shall mean a structure, temporary or permanent, having a roof, supported by columns or one or more walls which is used for the shelter, accommodation or enclosure of persons, animals, equipment, goods or materials. Any tent, canopy, bin, bunk or platform, vessel, trailer or vehicle used for any of the said purposes shall be deemed a building. BUILlHNG BY-LAW Shall mean the Town of Newcastle By-law 76-24. BUILDING PERMIT Shall mean a building permit issued by the Chief Building Official of the Corporation of the Town of Newcastle pursuant to the Building 5y-law. BUILDING SUPPLY OUTLET Shall mean a building or structure in which building or construction and home improvement materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home construction or improvements but does not include any use or activity otherwise defined or classified herein. BULK FUEL STORAGE TANK Shall mean a tank for the bulk storage of petroleum, diesel or other fuels, oil, gas or flammable liquid or fluid but s does not include a container for flammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premise where such tank is located. BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE Shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment and for the purposes of this By-law may include the administrative offices of a non-profit or charitable organization. BY-LAW Shall mean the Corporation of the Town of Newcastle Zoning By-law within the meaning of the Planning Act, as amended. BY-LAW ENFORCEMENT OFFICER Shall mean an officer or employee of the Corporation of the Town of Newcastle charged with the duty of enforcing the provisions of this By-law of the Corporation. CAMPING ESTABLISHMENT Shall mean an establishment consisting of at least five camping lots and comprising land used or maintained as grounds for the camping or parking of mobile recreation trailers, motorized recreation vehicles, truck campers, campers or tents. This shall not include parks or camping grounds maintained by a public authority. CAMPING LOT Shall mean that part of a camping establishment which is occupied on a temporary basis only, by a mobile recreational trailer, motorized recreation vehicle, truck camper, camper or tent. CARPORT Shall mean a roofed enclosure attached to a dwelling house which is used for the storage or parking of a motor vehicle and which has a least 40 per cent of its total perimeter, including the main wall of the dwelling house to which such carport is attached, open and unobstructed. CARTAGE OR TRANSPORT OEPOT Shall mean a building, structure or place where trucks or tractor trailers are rented, leased, kept for hire, or stored or parked for renumeration, or from which trucks or transports, stored or parked on the property, are dispatched for hire as common carriers. CELLAR Shall mean that portion of a building between two floor levels which is partly or wholly below grade and which has more than one-half of its height, from finished floor to the underside of the floor joists of the storey next above, below the average finished grade level adjacent to the exterior walls of the buildings. CEMETERY Shall mean land that is set apart or used as a place for the internment of the dead or in which human bodies have been buried, within the meaning of The Cemeteries Act, as amended. CERTIFICATE OF OCCUPANCY Shall mean a certificate issued by the Director of Planning for the occupancy of any land, building, excavation or structure to the effect that the proposed use or activity complies with this By-law. CHIEF BUILOING OFFICIAL Shall mean the officer employed by the Corporation of the Town of Newcastle, who is appointed pursuant to the Building Code Act, and shall include any inspector likewise appointed. COMMUNITY CENTRE Shall mean any tract of land, building or buildings or any part of any building used for community activities whether used for commercial purposes or not, the control of which is vested in the Town, a local board or agent thereof. CONSERVATION Conservation shall mean the preservation, protection and improvement of the components of the natural environment through a comprehensive management and maintenance program administered by the local Conservation Authority, or other publiC authority, on private groups or individuals. CONTRACTOR'S YARD Shall mean a yard of any general contractor where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other use or activity otherwise defined or classified herein. CONVENIENCE STORE Shall mean a retail commercial establishment which supplies groceries or other daily household conveniences to the residents in the immediately surrounding area. COUNCIL Shall mean the Municipal Council of the Corporation of the Town of Newcastle. DAY NURSERY Shall mean a day nursery operated for pre-school age children within the meaning of The Day Nurseries Act, as amended. DRY CLEANING DISTRIBUTION CENTRE Shall mean a building or part of a building used only for the purpose of collection and distribution of articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing, cleaning and spotting and stain removing, and for the pressing of any such articles or goods which have been subjected to any such process elsewhere at a dry cleaners' establishment. DRY CLEANING ESTABLISHMENT Shall mean a building or part of a building in which the business of dry cleaning, dry dyeing, cleaning, spotting, stain removal or pressing of articles and/or goods of fabric is carried on, through the use of only non-combustible and non-flammable solvents which emit no odours or fumes. DWELLING Shall mean two or more habitable rooms, designed or intended for use by one family, in which kitchen and sanitary facilities are provided for the exclusive use of the family, in which a heating system is provided, and, which has a private entrance from outside the building or from a common hallway or stairway inside the building. For the purposes of this By-law a dwelling does not include a tent, trailer, mobile home, or a room or group of rooms in a boarding or rooming house, a hotel, motel, motor hotel or camping establishment. For the purpose of this definition, dwelling shall also mean dwelling unit. DWELLING, BACHELOR APARTMENT Shall mean a dwelling in an apartment building or converted dwelling consisting of one bathroom and not more than two habitable rooms for living, dining, sleeping and kitchen accommodation in appropriate combination. DWELLING, CONVERTED Shall mean a single detached dwelling erected prior to the date of passing of this By-law, which has been or may be converted by means of partitioning so as to provide therein not more than three dwellings each of which shall have a total floor area of not less than 60 square metres. DWELLING, DUPLEX Shall mean the whole of a building that is divided vertically or horizontally into two separate dwellings, each of which has an independent entrance either directly from the outside or through a common vestibule. DWELLING, FOURPLEX Shall mean the whole of a building that is divided vertically and horizontally by common masonry walls above finished grade into four separate dwellings, and each dwelling has an independent entrance either from the outside or through a common vestibule. DWELLING, LINK TOWNHOUSE Shall mean one of a group of three or more dwelling units separated vertically. OWELLING, MAISONETTE Shall mean a building that is divided into three or more dwellings, each of which has independent entrances, one to a common corridor and the other directly to the outside yard area adjacent to the said dwelling. DWELLING, MOBILE HOME Shall mean any dwelling unit that is designed to: (a) be made mobile; (b) connect to sewage disposal facilities, hydro and/or gas services and/or any other necessary utilities. but does not include a mobile recreational trailer or trailer otherwise defined. DWELLING, SEASONAL Shall mean a single detached dwelling used essentially for recreation, rest or relaxation from time to time, throughout any season of the year, by any person or persons but not used or intended to be used continuously in excess of five months or as a permanent residence. DWELLING, SEMI-DETACHED Shall mean a building separated vertically into two separate dwelling units, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. DWELLING, SINGLE DETACHED Shall mean a completely detached building containing one dwelling. DWELLING, STREET TOWNHOUSE Shall mean one of a group of three or more attached dwelling units, separated vertically, each of which has an independent entrance and fronts onto an improved public street. nWELLING, TRIPLEX Shall mean a building that is divided horizontally into three separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule. DWELLING UNIT AREA Shall mean the habitable area contained within the inside walls of a dwelling excluding any private garage, carport, porch, veranda, unfinished attic, cellar or sunroom; (unless such sunroom is habitable in all seasons of the year) and, excluding, public or common halls or areas, stairways and the thickness of outside walls. EATING ESTABLISHMENT Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises, and includes a restaurant, dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand; but does not include a boarding or lodging home. EATING ESTABLISHMENT, DRIVE-IN Shall mean an eating establishment where facilities are available to serve meals to the customer for consumption in the customer's motor vehicle, parked in an area designed for that purpose. EATING ESTABLISHMENT, TAKE OUT Shall mean a building or part of a building where food is offered for sale or sold to the public for consumption primarily off the premises. EQUIPMENT SALES AND RENTAL, HEAVY Shall mean the use of a building or part of a building or structure where heavy machinery and equipment are offered or kept for sale, rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. EQUIPMENT SALES AND RENTAL, LIGHT Shall mean the use of a building or part of a building or structure where light machinery and equipment such as air compressors and related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and accessories; fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks and hydraulic equipment; lawn and garden tools; ladders; moving equipment; painting and decorating equipment; pipe tools and accessories; plumbing tools and accessories; pumps; hoses; scaffolding; welding equipment; sporting equipment and accessories; and, other similar tools and appurtenances are offered or kept for sale, rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. ERECT Shall mean setting up, building, constructing, reconstructing and relocating and, without limiting the generality of the foregoing shall include: a. any preliminary physical operation, such as excavating, grading, filling, drainage, piling or cribbing; b. altering any existing building or structure by an addition, deletion, enlargment, extension, relocation or other structural change; c. any work for the doing of which a building permit is required under The Building Code Act and Regulations passed thereunder as may be amended, replaced or re-enacted from time to time; and d. erect, erected and erection shall have a corresponding meaning. ESTABLISHED BUILDING LINE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES Shall mean the average setback from the street line of existing buildings on one side of one block where more than one-half of the lots of the said side of the block have been built upon. EXISTING Shall mean legally in existence on the date of passing of this By-law. FACTORY OUTLET Shall mean a building or part of a building where the products manufactured by the industry are kept for wholesale or retail sale, and shall not exceed fifteen percent of the floor area of the building or portion of the building within which the permitted industrial use is located. FAMILY Shall mean one or more persons related by blood, marriage or legal adoption, or not more than ten persons who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit. In the case of a mobile home, Ifami1y" shall mean not more than two persons living together as a single housekeeping unit. For the purpose of this by-law, the definition of family shall not include group homes as defined herein. FARM Shall mean the use of land, buildings or structures for one or more of the following purposes; production of forage crops, grain and feed crops, oil and seed crops, vegetables and row crops, dairy animals and dairy products, livestock or food production, sheep for wool production, fruits of all kind including grapes, nuts and berries, bees and apiary products, maple products, nurseries, floral and greenhouse products, poultry and poultry products, mushrooms, horse and ponies, tobacco forestry, market gardening and retail stands for the sale of agricultural products produced on the farm unit, and such other uses or enterprises as are customarily carried out in the field of agriculture" . FARM IMPLEMENT AND EQUIPMENT SALES AND SERVICE ESTABLISHMENT Shall mean a building or structure or lot where farm implements, equipment and farm supplies are kept for sale at retail and may include facilities for the servicing of such implements or equipment but shall not include any other establishment otherwise defined or classified herein. FARM PRODUCE RETAIL OUTLET Shall mean a building, or part of a building, in which farm produce, exclusive of meat or poultry, is offered for sale at retail, but shall not include the sale of farm produce which has been reprocessed nor shall it include a slaughter house. FARM PRODUCE RETAIL OUTLET, SEASONAL Shall mean the same as a Farm Produce Retail Outlet except that such outlet would only be operated during the harvest and selling seasons and provided that a majority of the produce offered for sale is produced from the same farm operation. FINANCIAL OFFICE Shall mean the premises of a bank, trust company, finance company, mortgage company or investment company. FITNESS CENTRE Shall mean a building in which facilities are provided for recreational athletic activities including but not limited to body-building and exercise classes, and shall include associated facilities such as a sauna and solarium. FLOOR AREA, TOTAL Shall mean the aggregate of the horizontal areas of each floor, whether any such floor is above or below grade, measured between the interior faces of the interior walls of the building or structure at the level of each floor. FORESTRY Shall mean the management, development and cultivation of timber resources. FOUNDRY Shall mean an industrial building, the primary use of which is casting metals. GARAGE, PRIVATE Shall mean a detached accessory building or portion of a dwelling which is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed. For the purposes of this By-law a private garage excludes a carport or other open shelter. GARDEN AND NURSERY SALES AND SUPPLY ESTABLISHMENT Shall mean a building or part of a building and land adjacent thereto for the growing or displaying of flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation which is sold to the public at retail and shall also include the sale or renting of such goods, products and equipment as are normally associated with gardening or landscaping. GOLF COURSE Shall mean a public or private area operated for the purpose of playing golf, and includes a par 3 golf course, driving ranges, miniature courses, club house, dining room, lounge and similar uses. GRADE, FINISHED Shall mean the lowest average elevation of the finished surface of the ground adjacent to each exterior wall of a building or structure. GROUP HOME Shall mean a single housekeeping unit in a dwelling in which three to ten residents, excluding staff and/or receiving family, live as a family under responsible supervision, consistent with the requirements of the residents. Group Homes shall be licenced and/or approved under Provincial statutes and shall not be permitted to locate within 300 metres of another group home. Furthermore, only one group home housing elementary or junior high school aged children may be located within the area served by any public elementary or junior high school. GUEST Shall mean a person, other than a boarder, who contracts for accommodation in a hotel, motel, motor hotel or camping establishment and includes all the members of the person's party. GUEST ROOM Shall mean a room or suite of rooms in a hotel, motel, or motor hotel, used or maintained for the accommodation of an individual or individuals to whom hospitality is extended for compensation. HABITABLE ROOM Shall mean a room designed for human occupancy and shall include living, sleeping, eating or food preparation, and shall include a bathroom, den, library, sewing-room or enclosed sunrooms, but shall not include any private garage, carport, porch, verandah. HEIGHT OF BUILDING Shall mean the vertical distance, measured between the lowest finished grade adjacent to any wall of the building, and: a. in the case of a flat roof, the highest point of the roof surface; and b. in the case of a mansard roof, the deck roof line; and c. in the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs and which are less than 6 metres in height and do not occupy more than 30 percent of the area of the roof upon which they are located, and accessory roof constructions, such as chimneys, towers, steeples or television antenas, shall be excluded. HIGHWAY - PUBLIC Shall mean a public highway within the meaning of the Municipal Act, as amended. HOME FOR THE AGED Shall mean a home for the aged within the meaning of The Homes for the Aged Act, as amended. HOME OCCUPATION Shall mean an occupation which is carried on, in accordance with the provisions of the by-law, as an accessory use. Involvement in a home occupation is limited to the members of the family residing in the dwelling unit plus a maximum of one additional person. For the purposes of this by-law, home occupation shall be limited to: professional or administrative offices; barber shop or hairdressing salon; production, repair and retail sale of antiques, art, craft, or hobby items; the teaching of art or craft related skills; the repair of small household appliances; baby-sitting or day nursery provided that no more than a total of five children, six years of age or younger, are accommodated at one time; and a barber shop or hairdressing establishment. A barber shop or hairdressing establishment shall only be considered a home occupation where it is carried on by members of the family residing in the dwelling and where no additional person is employed. HOSPITAL Shall mean any building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, that is approved under The Public Hospitals Act, as amended, as a public hospital. HOTEL Shall mean an establishment that consists of one building or two or more connected or adjacent buildings consisting of at least three individual rental units which share a common entrance from street level which cater to the needs of the travelling public by furnishing sleeping accommodation which mayor may not supply food or beverage lounge facilities, in which the guests share equal rights to the uses of all common facilities, but does not include a rooming or boarding house or an apartment dwelling. KENNEL, COMMERCIAL Shall mean a building or structure where more than three dogs are kept, bred, boarded or trained for profit or gain. KENNEL, PRIVATE Shall mean a building or structure where more than three dogs are kept bred or trained for the personal, recreation- al use of the Owner of the lands upon which such kennel is located. LANDSCAPING Shall mean any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land. LANDSCAPED OPEN SPACE Shall mean the open unobstructed space from ground to sky at finished grade on a lot accessible by walking from the street on which the lot is located which is used exclusively for landscaping, and includes any surfaced walk, patio or similar area, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. LAUNDRY, COIN-OPERATEO Shall mean a building or structure where the service of coin-operated laundry machines, using only water, detergents and additives, are made available to the public for the purpose of laundry cleaning. LIBRARY Shall mean a public library within the meaning of The Public Libraries Act, as amended. LIQUOR LICENCEO PREMISES Shall mean any building, structure or premises licensed by The Liquor Licence Board of Ontario. LOADING SPACE Shall mean an off-street space on the same lot as the building, or contiguous to a group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise or materials, which abuts upon a street, land, road, highway or other appropriate means of access. LOT Shall mean a parcel or tract of land described in a deed or other legal document the title to which is legally conveyab 1 e. LOT AREA Shall mean the total horizontal area bounded by the lot lines of a lot, excluding the horizontal area of such lot covered by water. LOT, CORNER Shall mean a lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contain an angle of not more than one hundred and thirty-five (135) degrees; where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents. LOT COVERAGE Shall mean that percentage of the lot area covered by all buildings above ground level, but does not include that portion of the lot area which is occupied by a building or portion thereof which is completely below ground level or an inground swimming pool, and for the purpose of this paragraph the lot coverage in each Zone applies and shall be deemed to apply only to that portion of such lot that is located within said Zone. LOT DEPTH Shall mean the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. LOT FRONTAGE Shall mean 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 is to be measured by a line parallel to the chord of the lot frontage drawn through a point therein distant from the front lot line equal to the required depth of the front yard. For the purposes of thi s By-l aw the chord of the lot frontage is a straight line joining the two points where the side lot line intersects the front lot line. Notwithstanding the definition of "Lot Line, Front", a corner lot wi 11 be deemed to comply with the lot frontage requirements of this by-law provided that one of the two lot lines abutting an improved public street complies with the minimum lot frontage requirements of the applicable zone. LOT, INTERIOR Shall mean a lot other than a corner lot or a through lot. LOT LI NE Shall mean any boundary of a lot or the vertical projection thereof. LOT LI NE, FRONT Shall mean, in the case of an interior lot, the line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street or private right-of-way shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side lot line. In the case of a through lot, the lot line where the principal access to the lot is provided sha 11 be deemed to be t he front lot 1 i ne. LOT LI NE, REAR Shall mean the lot line farthest from and opposite to the front lot line. LOT LINE, SIDE Shall mean a lot line other than a front or rear lot line. LOT, THROUGH Shall mean a lot bounded on two opposite sides by streets, provided that if any lot qualifies as being both a corner lot or a through lot, such lot shall be deemed a corner lot. MANUFACTURING, PROCESSING, ASSEMBLING OR FABRICATING PLANT Shall mean a plant in which the process of producing any product, by hand or mechanical power and machinery, is carried on systematically with division of labour. MARINA Shall mean a building, structure or place, including docking facilities located on a navigable waterway, where boats and boat accessories are kept or stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. MARINE SALES AND SERVICE ESTABLISHMENT Shall mean a building or part of a building and associated lands where a franchised dealer displays new and used boats and boat accessories for sale at retail or for rental, and where marine equipment is serviced or repaired and may include boat storage facilities. MEDICAL OR DENTAL CLINIC Shall mean a building or part of a building where members of the medical profession, dentists, chiropractors, optometrists, osteopaths, physicians or occupational or physical therapists, either singularly or in union, provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices for consultation, X-ray and minor operating rooms, a pharmaceutical dispensary provided that all such uses have access only from the interior of the building, and shall not include any other use or activity otherwise defined or classified in this By-law. MOBILE HOME DWELLING UNIT AREA Shall mean the habitable area contained within the inside walls of a mobile home. MOBILE HOME PARK Shall mean a parcel of land which is not the subject of a Registered Plan of Subdivision defining individual lots legally capable of being conveyed and which is developed and managed as a unit where individual sites are made available on a rental basis for the placing of a mobile home, where the ownership and responsibility for the maintenance of private internal roads, services, communal areas and buildings, including snow ploughing and removal, garbage collection, together with general park management, rests with management. MOBILE HOME PARK COMMUNITY CENTRE Shall mean a building, or part of a building in which facilities are provided for such pruposes as meetings for educational, recreational, political, religious or social purposes, and may include a banquet hall, proviate club, or fraternal organization. A Mobile Home Park Community Centre may also include a convenience store, a business or professional office, an eating establishment, a financial office, a personal service shop, a retail store and sales and administration offices provided that the total 15% of the total floor area of the Mobile Home Park Community Centre. MOBILE HOME PARK MAINTENANCE DEPOT Shall mean buildings structures and lands used for the storage of personal equipment, goods or materials of the residents of a Mobile Home Park as well as equipment, goods or materials necessary for the maintenance of a Mobile Home Park. MOBILE HOME PARK ROAD Shall mean a street or road, not under the jurisdiction of the Province of Ontario, the Regional Municipality of Durham or the Corporation of the Town of Newcastle, providinig access to and from an improved public street to the mobile home park and shall also mean an internal road or roads located wholly within the confines of the Mobile Home Park. MOBILE HOME SITE Shall mean a parcel of land within a mobile home park upon which it is intended to erect or place a mobile home and surrounding lands which are, or are intended to be leased to the owners or occupants of the mobile home. MOTEL Shall mean a tourist establishment which consists of one or more buildings containing three or more attached a.ccommodation units, which are directly accessible from an adjacent outside parking area, which cater to the needs of the travelling public by furnishing sleeping accommodation with or without facilities for the preparation and serving of meals or beverages and shall not include any other use or activity otherwise defined herein. MOTOR VEHICLE Shall mean a motor vehicle within the meaning of The Highway Traffic Act, as amended. MOTOR VEHICLE, COMMERCIAL Shall mean a commercial motor vehicle within the meaning of The Highway Traffic Act, as amended. MOTOR VEHICLE BODY SHOP Shall mean a building or structure used for the painting or repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be a towing service and motor vehicle rentals for customers while the motor vehicle is under repair, but shall not include any other use or activity otherwise defined or classified in this By-law. MOTOR VEHICLE SALES ESTABLISHMENT Shall mean a building or structure where a dealer displays motor vehicles for sale or rent. Permitted accessory uses include a motor vehicle repair garage, a motor vehicle service station, a motor vehicle fuel bar or a motor vehicle body shop, but shall not include any other use or activity otherwise defined or classified in the By-law. MOTOR VEHICLE FUEL BAR Shall mean one or more pump islands, each consisting of one or more fuel pumps and a shelter, and may include the sale of automotive accessories, antifreeze and additives, but shall not include any other use or activity otherwise defined or classified in this By-law. MOTOR VEHICLE REPAIR GARAGE Shall mean a building or structure where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust systems, repair of the electrical systems, transmission repair, brake repair, radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use and in conjunction with which there-may be a towing service and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired, but shall not include the sale of fuels or any other use or activity otherwise defined or classified in this By-law. MOTOR VEHICLE SERVICE STATION Shall mean a building or structure where fuel, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive accessories for motor vehicles, or similar automotive products are stored or kept for sale to the general public, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or where mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed. MOTOR VEHICLE WASH Shall mean a building or structure containing facilities for washing motor vehicles for profit or gain either using production line methods and mechanical devices or by a self-service operation, and for the purposes of this By-law may include a motor vehicle fuel bar but shall not include any other use or activity otherwise defined or classified in this By-law. MOTOR VEHICLE WRECKING YARD Shall mean an establishment where scrap motor vehicles are stored and/or dismantled and where used motor vehicle parts are sold. Limited sales of road worthy motor vehicles are considered accessory to the operation of a Motor Vehicle Wrecking Yard. MOTORIZED RECREATION VEHICLE Shall mean any motor vehicle so constructed as to be self-contained, self-propelled unit, capable of being utilized for the living, sleeping or eating accommodation of pe rsons . MOTORIZED SNOW VEHICLE Shall mean a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act, as amended. MUNICIPAL, REGIONAL, PROVINCIAL MAINTENANCE DEPOT Shall mean any land, building or structure owned by the Corporation of the Town of Newcastle, the Regional Municipality of Durham or the Province of Ontario used for the storage, maintenance or repair of equipment, machinery or motor vehicles used in connection with civic works and shall include a public works yard. NON-COMPLYING Shall mean that a permitted building, structure or use does not meet the regulations set out for the zone in which such building, structure or use is located. NON-CONFORMING Shall mean the use or activity in respect of any land, building or structure which is not within the list of pennitted uses set out in this By-law for the zone in which such land, building or structure is located. NURSING HOME Shall mean any premises maintained and operated for persons requiring nursing care, as defined and licensed under The Nursing Homes Act, as amended. OUTSIDE STORAGE AREA Shall mean land used for the outside storage of goods, equipment or materials normally accessory to a permitted use and shall not include a motor vehicle wrecking yard; a salvage yard; a parking area; a loading space; or a parking space. PARK, GREENBELT Shall mean a public or private park, the main purpose of which shall be the protection of open space areas and natural watercourses, which may be used for recreational activities including playing and athletic fields, but excluding any buildings or structures. PARK, PRIVATE Shall mean any open space or recreational area, owned and operated or maintained in whole or in part by a private organization, and may include therein swimming pools, boating facilities, picnic areas, gardens and other similar recreational activities. PARK, PUBLIC Shall mean a lot or block of land, owned or controlled by a public authority, the main use of which shall be for recreational activities and which may include its use as a playground or playfield, including athletic fields, aquatic facilities, landscaped areas, and any buildings, the purpose of which shall be for recreation or a use accessory to a recreational use. PARKI NG ANGLE Shall mean the angle which is equal to or less than a right angle, formed by the intersection of the side of the parki~g space and line parallel to the aisle. PARKING AREA Shall mean an area provided and maintained for the parking of motor vehicles, and may include aisles, parking spaces, maneuvering areas, pedestrian walkways and related ingress and egress 1 anes, but shall not i ncl ude any part of a public street. "parking Area" may include a private garage. PARKING LOT Shall mean any parking area other than a parking area accessory to a permitted use. PARKING SPACE Shall mean an area, exclusive of any aisles, ingress or egress lanes, for the parking or storage of motor vehicles, and may include a private garage. PERSON Shall mean any human being, association, company, firm partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. PIT Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. PLACE OF ENTERTAINMENT Shall mean a motion picture or other theatre, arcade, auditorium, public hall, billiard hall, bowling alley, ice or roller skating rink, dance hall or music hall, museum, gallery and library, but for the purposes of this By-law does not include or any other use or activity otherwise defined or classified in this By-law. PLACE OF WORSHIP Shall mean a building dedicated to religious worship and includes a church or synagogue and may include such accessory uses as a nursery school, a school of rel igious education, convent, monastery or parish hall. PRINCIPAL OR MAIN BUILDING Shall mean the building(s) in which is carried on the principal purpose for which the lot is used. PRINTING OR PUBLISHING ESTABLISHMENT Shall mean a building or part of a building in which the business of producing books, newspapers or periodicals, by mechanical means, and other reproduction techniques is carried on, and may include the sale of newspapers, books, magazines, periodicals, or like, to the general public. PRIVATE CLUB Shall mean a building or part of a building used for the purposes of social, cultural, athletic or recreational activities. PRIVATE ZOO Shall mean a collection of animals confined within appropriate animal enclosures, privately owned and operated on a commercial basis. PROCESSING PLANT - AGGREGATE Shall mean equipment for the crushing, screening or washing of sand and gravel aggregate materials, or concrete batching plant, but not including a cement manufacturing plant or an asphalt plant. PROVINCIAL HIGHWAY Shall mean a highway under the jurisdiction of the Ministry of Transportation and Communications. PUBLIC AUTHORITY Shall mean Federal, Provincial, Regional or Town agencies, and includes any commission, board, corporation, authority or department established by such agency. PUBLIC SECURITY AREA Shall mean an area of land free and clear of any buildings or structures surrounding an animal enclosure, and which is made inaccessible to members of the public by means of a 1.25 metre high, chain-link security fence which is secured by means of a locked gate, and which fence is no closer to an animal enclosure than 2 metres. QUARRY Shall mean a place where consolidated rock has been or is being removed by means of any open excavation to supply material for construction, manufacturing or industrial purpose, but does not include: a wayside pit or wayside quarry; an excavation incidental to the erection of a building; a structure for which a building permit has been granted by the Town; or an excavation incidental to the construction of any public works. RESORT ESTABLISHMENT Shall mean an establishment that operates throughout all or part of the year, that has facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping, skiing, or other similar recreational activity. RETAIL COMMERCIAL ESTABLISHMENT Shall mean a building, or part of a building, in which goods, wares, merchandise, substances, articles, or services are offered or kept for sale at retail or on a rental basis. SANITARY SEWER SYSTEM, MUNICIPAL Shall mean an adequte system of underground conduits, operated by a Public Authority, which carries sewage to an adequate place of treatment which meets with the require- ments of the Ministry of Environment. SALVAGE YARD Shall mean an establishment where goods, wares, merchandise, articles or materials are processed for further use and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open and includes a junk yard, a scrap metal yard, but not a motor vehicle wrecking yard or premises. SAW MILL Shall mean a building, structure or area where timber is cut or milled, and temporarily stored either to finished lumber, or as an intermediary step. SCHOOL, PUBLIC Shall mean a school under the jurisdiction of a Board as defined by the Ministry of Education. SCHOOL, COMMERCIAL Shall mean a school conducted for hire or gain, other than a private, public, religious or philanthropic school, and shall include the studio of a dancing teacher or a music teacher, an art school, a golf school, a school of athletics, a business or trade school and any other specialized school conducted for profit or gain. SCHOOL, PRIVATE Shall mean a school other than a public school or a commercial school as otherwise defined or classified in this By-law, which prepares students for an Ontario Secondary School Diploma recognized by the Ministry of Education, and which may include boarding houses for registered students of such school. SENIOR CITIZENS' APARTMENT BUILDING Shall mean an apartment building for senior citizens sponsored and administered by any public agency or service club, church or other non-profit organization, which obtains its financing from Federal, Provincial, Regional or Municipal Governments or agencies, or by public subscription or donation, or by any combination thereof. SERVICE SHOP, LIGHT Shall mean a building or part of building, whether used in conjunction with a retail store or not for the servicing or repairing of household or domestic articles, and without limiting the generality of the foregoing shall include but shall not be limited to the following, the repair and servicing of radio and television receivers, vacuum cleaners, appliances, shoes, cameras, toys, watches, clocks, bicycles or other similar goods and appliances but shall not include industrial or manufacturing uses or motor vehicle repair shops as may otherwise be defined or classified in this By-law. SERVICE SHOP, PERSONAL Shall mean a building or part of a building in which persons are employed in furnishing services, conducting limited retailing of goods associated with the service and otherwise administering to the individual and personal needs of persons, such as a barber's shop, a ladies hairdressing establishment or other similar services. SETBACK Shall mean 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 building or structure or excavation on the adjacent lot. SHOPPING CENTRE Shall mean a group of commercial establishments which have been designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants, as distinguished from a business area comprising unrelated individual uses. SIGHT TRIANGLES Shall mean the the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line. Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the prOjection of the street lines or the intersection of the tangents to the street lines. SIGN Shall mean a structure or portion of a structure having thereon any name, symbol, description, illustration or device which is used to identify or advertise a person, place, product, object, organization, activity or event. SNOWMOBILE SALES AND SERVICE ESTABLISHMENT Shall mean a building or part of a building and land adjacent therto, where snowmobile equipment is displayed, for sale at retail, or rental, and where mechanical repairs are completed. STORAGE AREAS/LOCKERS/MAINTENANCE BUILDINGS Shall mean buildings, structures, and lands used for the storage of equipment, goods or materials. STOREY Shall mean the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STOREY, FIRST Shall mean the lowest storey of a building closest to finished grade having its ceiling 1.8 metres or more above average finished grade. STOREY, ONE-HALF Shall mean that portion of a building situated wholly or in part within the roof and having its floor level not lower than 1.2 metres below the line where roof and outer wall meet and in which there is sufficient space to provide a distance between finished floor and finished ceiling of at least 2.1 metres over a floor area equal to at least 50 per cent of the area of the floor next below. STORM SEWER Shall mean an underground conduit which carries storm or surface run-off but excludes any sanitary sewer or any combination of sanitary and storm sewers. STREET, ARTERIAL TYPE "A" Shall mean an Arterial Road with a right-of-way width ranging from 36 metres to 46 metres and for the purposes of this By-law shall include the road sections within the Corporation of the Town of Newcastle, indicated on the Schedules to this By-law. STREET, ARTERIAL TYPE "B" Shall mean an Arterial Road with a right-of-way width ranging from 26 metres to 36 metres and for the purposes of this By-law shall include the road sections within the Corporation of the Town of Newcastle, indicated on the Schedules to this By-law. STREET, IMPROVED PUBLIC Shall mean a street or road under the jurisdiction of the Province of Ontario, the Regional Municipality of Durham or the Corporation of the Town of Newcastle, which is maintained so as to allow normal vehicular access to adjacent properties throughout all seasons of the year. STREET LINE Shall mean the limit of the street or road allowance and is the dividing line between a lot or block and a street or road. STREET, PRIVATE Shall mean a street or road other than an improved public street. STRUCTURE Shall mean anything constructed or erected, the use of which requires location on the ground, or attached to something having location on or in the ground. SUPERMARKET Shall mean a building or part of a building wherein food and other household items are kept for sale at retail to the general public and which operates on a self-service, cash and carry basis and may include facilities for parcel pickup. TAVERN Shall mean an establishment within the meaning of and licensed under The Liquor Licence Act, as amended. TEMPORARY HOLDING SPACE Shall mean a fenced area connected to and associated with an animal enclosure within which an animal can be temporarily confined, and which has access only to the animal enclosure and where not separated from a public area by a public security area, such temporary holding space shall be constructed with solid walls immediately abutting any public area. TENT Shall mean every kind of temporary shelter to which the term is normally considered to apply for such uses and activities that require shelter or enclosure such as sleeping, the serving and consumption of food and beverages, and that is not permanently affixed to the site and that is capable of being easily moved. TOWN Shall mean the Corporation of the Town of Newcastle. TRAILER Shall mean any vehicle that is designed to be drawn upon a highway by a motor vehicle, except an implement of husbandry, another motor vehicle or any device or apparatus not designed to transport persons or property temporarily drawn, propelled or moved upon such highway. A trailer shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn, and, for the purposes of this By-law does not include a mobile home as defi ned herei n. TRAILER CAMP or PARK Shall mean an establishment consisting of camping lots and comprising land used or maintained as grounds for the camping or parking of mobile recreational trailers, motorized recreation vehicles, truck campers or tents for recreational or vacation use designed for seasonal occupancy only. TRAILER CAMP or PARK shall include accessory recreational buildings and structures normally related to such operations. TRAILER, MOBILE RECREATIONAL Shall mean a trailer designed or used for recreational living and sleeping accommodation. For the purposes of this By-law, it does not include a mobile home, as defined herein. TRUCK CAMPER Shall mean any unit so constructed that it may be attached upon a motor vehicle, as a separate unit, and capable of being utilized for the temporary living, sleeping or eating accommodation of persons. USE Shall mean, when used as a noun, the purpose or funct ion for which a lot or building or structure, or any combination thereof, is designed, arranged, occupied or maintained and when used as a verb, "USE" shall have a corresponding meaning. VEHICLE Shall mean an automobile, truck, motorcycle, motor assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power, but not including motorized snow vehicles, farm equipment or railroad cars or other motorized vehicles running only upon rails. VETERINARIAN Shall mean a person registered under the provisions of the Veterinarians Act, as amended. VETERINARIAN CLINIC Shall mean a building or part of a building in which facilities are provided for the prevention, cure and alleviation of disease and treatment of injury to animals and in conjunction with which there may be facilities provided for the sheltering of animals during the treatment period. WAREHOUSE Shall mean a building or part of a building used for the storage and distribution of goods, wares, merchandise, substances, articles or things, and may include facilities for an accessory, wholesale or retail commercial outlet, but shall not include a cartage or transport depot. WASTE DISPOSAL AREA Shall mean a place where garbage, refuse or domestic or industrial waste is dumped, destroyed, or stored in suitable containers. WATERCOURSE Shall mean a natural or man-made channel through which water flows, and shall include a channel for an intermittent stream. WATER FRONTAGE Shall mean the boundary between the water and land fronting on and providing access to a watercourse, bay or lake. WATER SUPPLY SYSTEM, MUNICIPAL Shall mean an adequate distribution system of underground piping and related storage, including pumping and purifica- tion appurtenances owned and operated by a Public Authority for public use. WATER SUPPLY SYSTEM, PRIVATE POTABLE Shall mean a water supply furnished by a private supply in accordance with the requirements of the Public Health Act, as amended. WAYSIDE PIT OR WAYSIDE QUARRY Shall mean a temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. WHOLESALE ESTABLISHMENT Shall mean the use of land or the occupancy of a building or structure, for the purposes of selling or offering for sale goods, wares or merchandise on a wholesale basis and includes the storage or warehousing of those goods, wares or merchandise. YARD Shall mean a space, appurtenant to a building or structure, located on the same lot as the building or structure, which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in the By-law. YARD, FRONT Shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot. YARD, FRONT DEPTH Shall mean the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure on the lot. YARD, REAR Shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest outside storage use on the lot. YARD, REAR DEPTH Shall mean the least horizontal dimension between the rear lot line of the lot or the apex of the triangle formed by the side lot lines where no rear yard line exists, and the nearest part of any building or structure on the lot. YARD, REQU IRED Shall mean the minimum yard required by the provisions of this By-law. YARD, SIDE Shall mean a yard extending from the required front yard to the required rear yard and from the side lot line of the lot to the nearest part of any building or structure on the lot. YARD, (EXTERIOR) SIDE Shall mean a side yard immediately adjoining a public street. YARD, (INTERIOR) SIDE Shall mean a side yard other than an exterior side yard. YARD, SIDE WIDTH Shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure on the lot. ZONE PROVISIONS The permissible uses or activities, the mlnlmum area and dimensions of lots, the minimum dimensions of yards, the maximum lot coverage, the minimum setback, the minimum gross floor area, the minimum landscaped open space, the maximum height of buildings, minimum parking requirements, and all other standards and regulations of the respective Zones as are set out within the text and various schedules annexed hereto. SECTION 3 G ENE R A l Z 0 N E PRO V I S ION S 3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES a. PERMITTED USES Where this 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 the fo 11 owi ng : i ) any occupation for gain or profit conducted within or accessory to a dwelling unit or on such lot associated therewith, except as is specifically permitted in accordance with this By-law; or i i ) any building used for human habitation except as is specifically permitted in accordance with this By-law. b. RELATION TO STREET A permitted accessory building or structure may be located between the principal or main building on the lot and the street line, provided such accessory building or structure complies with the yard and setback requirements of the Zone in which such building or structure is located. c. RELATION TO PRINCIPAL OR MAIN BUILDING Except as may otherwise be provided 'herein, any accessory building or structure, which is not part of the principal or main building, shall not be erected closer than 1.20 metres to the principal or main building. d. LOT COVERAGE AND HEIGHT The total lot coverage of all accessory buildings and structures, except swimming pools, shall not exceed forty percent of the main building total floor area, nor, shall the height of any accessory building or structure exceed 5.0 metres. 3.1 e. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES Notwithstanding any other provision of this By-law to the contrary, a boat house, pump house or docking facilities may be erected and used in the required yard of a lot abutting a navigable waterway, provided, such accessory buildings or structures comply with all other side yard requirements of the respective zone. f. INTERIOR SIDE YARD AND REAR YARD REQUIREMENTS Where an accessory building is located in an interior side or rear yard it shall not be closer than 1.20 metres to the interior side lot line or the rear lot line. g. GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback prOV1Slons of this By-law to the contrary, in an Industrial Zone, a gate house shall be permitted in a required front or side yard or in the area between the street line and the required setback, but in no instance shall such gate house be located closer than 1.25 metres to the street line or in a sight triangle. h. MOTOR VEHICLE FUEL BAR SHELTER Notwithstanding the yard and setback provlslons of this By-law to the contrary, in the service station Commercial Zone, a fuel bar shelter shall have a total floor area of not more than 9 square metres. i. YARD REQUIREMENTS Notwithstanding the yard and setback provlslons of this By-law to the contrary, every part of any yard to be provided in all zones shall be open and unobstructed by any structure from the ground to the sky, except for the following: i ) sills, belt courses, cornices, chimney breasts, bay windows, cantilevered floor areas, pilasters or parapets may project into any yard to a distance of not more than 0.75 metres; i i ) eaves or gutters, for other than an accessory building, may project into any required yard a distance of not more than 0.75 metres; i i i ) balconies, canopies, unenclosed porches, steps or patios may project into any required side or rear yard to a distance of not more than 1.5 metres; 3.1 iv) fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; v) fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted, but in the case of: a residential interior lot line situated in any Residential Zone, no structure, hedge or obstruction that is more than 0.75 metres in height is permitted within 3 metres of any street line; where such structure, hedge or obstruction will impede vision between a height of 0.75 metres and 2.5 metres above the centreline grade of an access from any improved public street to any lot. 3.2 DWELLING UNITS BELOW GRADE Notwithstanding any provisions of this By-law to the contrary, dwelling units designed in such a fashion as to have all or part of their total floor area located partially below finished grade, shall be permitted subject to the following provisions: \ a. such dwelling shall have a minimum window area located above finished grade equal to 10 percent of the total floor area of the dwelling; b. each of the following rooms shall have a minimum window area located above finished grade equal to 10 percent of the floor area of such room: i) living room i i) di n i ng room i i i) kitchen i v) bedroom 3.3 DWELLING UNITS JOINED BELOW GRADE Notwithstanding any provisions of this By-law to the contrary, dwelling units designed in such a fashion as to be joined below finished grade, no structures may be located within the 1.20 metre interior sideyard between the dwelling units above grade. 3.4 ESTABLISHED BUILDING LINE Notwithstanding the yard and setback provlslons of this By-law to the contrary, where a permitted use is to be erected on a lot and where there is an established building line extending on both sides of the lot, such permitted use may be erected closer to the street line or the centreline of the street, as the case may be, than required by this By-law such that the yard or setback is equal to the average setback of adjacent buildings on the same side of the street, provided further that such building is not erected closer to the street line or the centreline of the street, as the case may be, than the established building line. 3.5 EXISTING BUILDINGS, STRUCTURES AND USES a. LEGALLY NON-CONFORMING BUILDINGS OR USES The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the date of passing of this By-law, so long as it continues to be used for that purpose. b. PERMITTED EXTERIOR EXTENSION Any building or structure, which at the date of passing of this By-law was lawfully used for a purpose not permissible within the Zone in which it is located, shall not be enlarged, extended, reconstructed or otherwise structurally altered without the approval of the Committee of Adjustment, unless such building or structure is thereafter to be used for a purpose permitted within such Zone, and complies with all requirements of this By-law for such Zone. c. PERMITTED INTERIOR ALTERATION The interior of any building or structure, which at the date of passing of this By-law was lawfully used for a purpose not permitted within the Zone in which such building or structure is located, may be reconstructed or structurally altered, in order to render the same area more convenient or commodious for the same purpose for which, at the date of passing of this By-law, such building or structure was lawfully used, provided that no such interior alteration shall increase the total floor area occupied by such use without the approval of the Committee of Adjustment. d. RESTORATION TO A SAFE CONDITION Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure or part thereof, lawfully used on the date of passing of this By-law, provided that the strengthening or restoration does not increase the building height, size or volume or change the use of such building or structure. 3.5 / e. PERMITTED NON-COMPLYING BUILDINGS OR STRUCTURES Nothing in this By-law shall require the approval of the Committee of Adjustment to permit the enlargement, extension, renovation, repair or alteration of any non-complying building or structure, which existed at the date of passing of this By-law or which was rendered non-complying by an expropriation or conveyance to an authority with expropriation powers, and which is used for a purpose specifically permitted within the Zone in which such building or structure is located. Where such building or structure does not comply with the setback or where one or more yards is or are less than required under the provisions of this By-law, extension, enlargement, renovation, repair or alteration may be permitted, provided that the setback or yard or yards that is or are less than required are not further reduced and that all other provisions of this By-law are complied with. f. RECONSTRUCTION OF DAMAGED BUILDINGS OR STRUCTURES Nothing in this By-law shall apply to prevent the reconstruction of any non-complying building or structure which is damaged by causes beyond the control of the owner. g. PRIOR APPROVALS The provisions of this By-law shall not apply to prevent the erection or use of any building or structure for a purpose prohibited by this By-law where, prior to the date of passing of this By-law been approved by the Chief Building Official. This provision shall apply so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected. Provided further that the erection of such building or structure is commenced within six (6) months of the day such permit was issued, and such building or structure is completed within a reasonable time after the erection thereof is commenced. h. FLOOR AREA LESS THAN REQUIRED Nothing in this By-law shall prevent an extension or an addition being made to a permitted dwelling, which dwelling existed at the time of passing of this By-law but which has a total floor area or dwelling unit area less than required by this By-law, provided such extension or addition does not contravene any other provisions of this By-law. 3.6 LOT AREA AND FRONTAGE LESS THAN REQUIRED a. Notwithstanding any other provisions of this By-law to the contrary, where a lot having a lesser lot area and/or frontage than required herein was legally conveyable prior to the date of passing of this By-law, or, where such a lot is created as a result of an expropriation or a conveyance to an authority with expropriation powers, such smaller lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other applicable zone provisions of this By-law are complied with. b. Where a lot having a lesser lot area and/or frontage than required is located in the Agricultural (A) Zone, Subsection 3.6a does not apply to permit the establishment of any non-residential uses permitted in the Agricultural Zone on lots which are less than 2 ha in area. 3.7 FRONTAGE ON IMPROVED PUBLIC STREET, UNASSUMED ROAD AND PRIVATE RIGHT-OF-WAY a. IMPROVED PUBLIC STREET No person shall erect any building or structure in any Zone, after the date of passing of this By-law, unless the lot upon which such building or structure is to be erected fronts upon an improved public street, maintained year round, and further, that such building or structure complies with the setback provisions of this By-law. b. UNASSUMED ROAD Notwithstanding the provlSlons of Section 3.7a to the contrary, the provisions of this By-law shall not prevent the erection of a permitted building or structure on a lot in a Registered Plan of Subdivision where a subdivision agreement has been entered into with the Town and registered on title, whereunder the street or streets will not be assumed by the Town until such time as specified in the said agreement. c. PRIVATE RIGHT-OF-WAY i) Notwithstanding the provisions of Subsection 3.7a above, where a building has been erected prior to the date of passage of this By-law on a lot which does not have frontage on an improved public street, or on a lot which fronts on a private right-of-way registered on title and providing legal ingress and egress to an improved public street, the provisions of this By-law 3.7 shall not apply to prevent the enlargement, alteration; extension or renovation of such a building or structure or the erection of accessory buildings, provided the use of such building or structure is permissable in the zone in which it is located and that all other applicable provisions of this By-law are complied with. ii) Notwithstanding the provisions of Subsection 3.7 (a) above, where a lot has been created prior to the date of passage of this By-law, which does not have frontage on an improved public street and such lot fronts on a private right-of-way registered on title and provides legal ingress and egress to an improved public street, the provisions of this by-law shall not apply to prevent the issuance of a building permit provided the use of such building or structure is permissible in the zone in which it is located, and that all other applicable provisions of this by-law are complied with. d. PRIVATE, STREET Notwithstanding the provisions of Subsection 3.7 (a) above, the provisions of this by-law shall not apply to prevent the erection or use of a building on a lot which has frontage on a Private Street where such street existed at the date of passage of this by-law, or where such street is shown on a site plan approved pursuant to By-law 79-151 of the Town of Newcastle, as amended, or any successor thereto. 3.8 HEIGHT EXCEPTIONS Notwithstanding the height provlslons herein contained, nothing in this By-law shall apply to prevent the erection, alteration, or use of the following buildings or structures, provided the principal use is a use permitted within the Zone in which it is located, namely: a church spire, a belfry, a flag pole, a clock tower, a chimney, a water tank, a windmill, a radio or television tower or antenna, air conditioner duct, grain elevator, a barn or silo, incidental equipment required for processing of materials associated with a principal use, and, external equipment associated with internal building equipment. 3.9 HOLDING ZONE Unless otherwise specified within the respective zone regulations, where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to existing uses and the non-residential uses permitted by the 3.9 Agricultural (A) Zone. The (H) Holding symbol may be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, the lands to be used have adequate access, prior uses of the land will not prevent the use of the land for the purposes intended by the By-law, that the lands and proposed uses will be adequately protected from any physical or man-made hazard or conditions associated with the lands and that agreements in respect of such matters and the associated financial requirements where required, have been executed with the Town of Newcastle and/or the Regional Municipality of Durham. 3.10 HOME OCCUPATION The following regulations apply to dwelling units wherein a home occupation is permitted: a. There shall be no display, other than a sign erected in conformity with the By-laws of the Town, to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other than residential. b. Such home occupation shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling unit nor create or become a public nuisance due to traffic, noise and hours of operation. c. Such home occupation shall not interfere with television or radio reception of others in adjacent buildings or structures. d. Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for the purposes of the home occupation use and such home occupation shall be conducted within the principal residence. e. Parking shall be provided in accordance with Section 3.14. f. There shall be no outside storage of goods or materials associated with a home occupational use. 3.11 LOADING SPACE REGULATIONS a. LOADING SPACE REQUIREMENTS Loading or unloading spaces are required under this By-law, in accordance with the Loading Space Requirement Table set forth herein, and the owner of every building or structure erected for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials shall provide and maintain on 3.11 the same lot, loading and unloading spaces accordingly. For the purposes of this By-law each loading or unloading space shall be 9.0 metres in length, 4.0 metres in width and have a vertical clearance of 5.0 metres. In addition, adequate space shall be provided for the parking of vehicles awaiting access to the loading or unloading spaces. LOADING SPACE REQUIREMENT TABLE GROSS FLOOR AREA OF BUILDING LOADING SPACE 300 square metres or less space Exceeding 300 square metres but not 3 000 square metres 2 spaces Exceeding 3 000 square metres but not 7 500 square metres 3 spaces Exceeding 7 500 square metres 3 spaces plus 1 additional space for each additional lO 000 square metres or fractional part thereof in excess of 7 500 square metres b. ACCESS Access to loading or unloading spaces shall be by means of a driveway at least 6.0 metres in width contained on the lot on which the spaces are located and leading to an improved public street as defined herein. 3.11 c. LOCATION The loading space or spaces required shall be located in the interior side, exterior side or rear yard unless such space or spaces are setback from the street line a minimum distance of 15 metres. d. ADDITIONS TO OR CHANGE IN USE OF EXISTING BUILDINGS The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this By-law so long as the gross floor area, as it 3.11 existed at such date, is not increased. If an addition is made to the building or structure which increases the gross floor area, then additional loading spaces related to that addition shall be provided as required by paragraph (a) of this Subsection. 3.12 MULTIPLE ZONES ON ONE LOT Where a lot is divided into more than one zone under the provisions of this By-law, each such portion of the said lot shall be used in accordance with the Zone Provisions of this By-law for the applicable Zones established hereunder. Where a lot is divided into more than one zone the zone boundary shall be interpreted to be a lot line as defined herein for the purposes of interpreting zone requirements and general provisions of this By-law with the exception being, that where a portion of the said lot is zoned Environmental Protection, that portion of the lot may be included for the purposes of calculating lot area and shall not affect the yard requirements provided that the use of that portion of the lot complies, in all other respects, with the provisions of the Environmental Protection (EP) Zone. 3.13 OFFENSIVE TRADE Except as may otherwise be specifically permitted under this By-law, no use shall be permitted which, from its nature or the materials used therein, is declared by the Durham Regional Board of Health or Council of the Town to be an offensive or noxious trade, business or manufacture under The Public Health Act, as amended. 3.14 PARKING AREA REGULATIONS a. PARKING SPACE REQUIREMENTS Parking spaces and areas are required under this By-law, in accordance with the Parking Space Requirement Table, and the owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain on the same lot, for the sole use of the owner, occupant or other persons entering upon or making use of the said premises, from time to time, parking spaces and areas accordingly. For the purposes of this By-law, each parking space shall be 6 metres in length and 3 metres in width. Notwithstanding the foregoing, where parking spaces are proposed to be located in a location other than on the same lot as the use requiring such spaces, then such shall be located not more than 150 metres from the same lot, and shall be located within the same zone as the said lot. 3.14 PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE Assembly Hall, Auditorium, Arena, Community Centre, Place of Entertainment, Place of Worship, Private Club or other similar places of assembly not otherwise specified herein. Bank, Business and/or Professional Office, Retail Commercial Establishment, Personal Service Shop, including a Home Occupation. Bowl i ng All ey Curling Rink Dry Cleaners Establishment Eating Establishment and Eating Establishment Take-out Eating Establishment, Drive-In Golf Course MINIMUM OFFSTREET PARKING REQUIREMENTS The greater of a. one parking space per five fixed seats or three metres of bench seating or portion thereof; or, b. one parking space per nine square metres of gross floor a rea; or, c. one parking space for each four persons that may be legally accommodated at anyone time. One parking space for each 30 square metres of gross floor area of the building directly related to the specified permitted use. Three parking spaces for each bowling lane. Four parking spaces for each curling sheet plus such additional parking as is required for a lounge licensed in accordance with the Liquor Licence Act of Ontario. One parking space for each 10 sq. metres or fraction thereof of gross floor area with a minimum requirement of four spaces. One for each 7 square metres of total floor area accessible to the public. Ten (lO) Spaces, plus one for each 5 square metres of total floor area accessible to the public. Twenty-four parking spaces for each nine holes of golfing facilities. 3.14 PARKING AREA REGULATIONS (Cont'd) PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE MINIMUM OFFSTREET PARKING REQUIREMENTS Home for The Aged, Nursing Home Hospital Hotel, Motel, Motor Hotel, Cottage or Cabin Establishment, Resort Establishment or Tourist Home Tavern Manufacturing, Processing, Assembly Fabricating Plant, Wholesale Establishment or Warehouse. Marina Medical or Dental Clinic, or, Offices of a Drugless Practitioner. One parking space for each four beds or fraction thereof. One parking space for each four beds or 100 square metres of gross floor area, whichever is the greater. One parking space for each guest room, cottage or cabin, plus such parking facilities as are required for an eating establishment or entertainment lounge licensed in accordance with the Liquor Licence Act of Ontario. One parking space for each four persons that may be legally accommodated at anyone time. One parking space per 100 square metres of total floor area up to 2000 square metres, plus one additional parking space for every 500 square metres of total floor area over 2000 square metres. Notwithstanding the foregoing, a warehouse or storage use which employs less than ten (10) persons, shall provide one parking space per employee. One parking space per 20 square metres of the total retail floor area or fraction thereof plus one parking space for each boat slip provided. Five parking spaces per doctor, plus one parking space for each examination room exceeding five such rooms per office. 3.14 PARKING AREA REGULATIONS (Cont'd) PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE MINIMUM OFFSTREET PARKING REQUIREMENTS Post Office, Museum, Art Ga 11 ery, Pub 1 i c Li brary Resi denti al (i) Apa rtment, Fourp 1 ex or Converted Dwelling House (ii) Boarding or Lodging House (iii) Mobile Home Park (iv) Senior Citizen's Apartment Building (v) Residential other than specifi ed herei n Salvage Yard, Motor Vehicle Wrecki ng Yard Schools; Public and/or Private (i) Elementary One parking space for each 40 square metres of gross floor area. One and one-half parking spaces for each dwelling unit. One parking space for each dwelling unit pl us one parki ng space per guest room. (a) Two parking spaces for each Mobile Home site and one visitors parking space for each four Mobile Home sites. (b) One parking space for each 28 square metres of total floor area for all accessory commercial uses within the community hall. (c) One parking space for each 12 square metres of total floor area for all uses other than accessory commercial uses within the community hall. One parking space for each two dwelling units or fraction thereof Two parking spaces per dwelling unit One space for each 90 square metres of building space The greater of: (a) one and one-half parking spaces per classroom; or (b) one parking space per 10 square metres of floor area in the general purpose room; or (c) one parking space per 10 square metres of floor area in the auditorium. 3.14 PARKING AREA REGULATIONS (Cont'd) PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE MINIMUM OFF STREET PARKING REQUIREMENTS Schools (Cont'd) (ii) Secondary The greater of: (a) four parking spaces per classroom; or (b) one parking space per 10 square metres of floor area in the general purpose room; or (c) one parking space per 10 square metres of floor area in the auditorium. Shopping Centre One parking spaces for each 20 square metres of total leasable floor area. Undertaking Establishment One parking space for each five seating spaces or fraction thereof with a minimum of ten parking spaces. Uses Permitted By This By-law Other Than Those Listed In This Table One parking space per 30 square metres of total floor area b. PARKING AREA CONSTRUCTION Parking spaces, areas and driveways connecting the parking space or area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust and capable of permitting access under all climatic conditions. c. MORE THAN ONE USE ON A LOT When a building or structure accommodates more than one type of use, the parking space requirement for such building or structure shall be the sum of the requirements for the separate parts of the building occupied by the separate types of use, unless otherwise specified herein. 3.14 PARKING AREA REGULATIONS (Cont'd) d. PARKING AREA LOCATION ON LOT Notwithstanding the yard and setback provlslons of this By-law to the contrary, uncovered surface parking areas shall be permitted in the required yards or in the area between the street line and the required setback in accordance with the following provisions, namely: i) in all Zones, except Residential, no driveway shall be permitted within 9.0 metres of the boundary of a Residential Zone; ii) in all Zones, except Residential, no parking space shall be permitted within 3.0 metres of the boundary of a Residential Zone; iii) within Commercial zones, parking spaces and areas shall be permitted in front, side and rear yards only, provided that no part of any parking area, other than a driveway, is located closer than 2 metres to any street line or 1.5 metres of any lot line or within a sight triangle; iv) within all Residential Zones parking spaces and areas shall be permitted within a front, interior side or rear yard provided that no part of any parking area, other than a driveway, is located closer than one metre to any street line or within a sight triangle; 3.14 PARKING AREA REGULATIONS (Cont'd) e. ADDITIONS TO OR CHANGE IN USE OF BUILDING The parking space requirements referred to herein shall not apply to any building or structure in existence at the date of passing of this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the habitable floor area, then parking spaces for the addition shall be provided as required by the Parking Space Requirement Table. Where a change in use of the building or structure occurs, parking spaces shall be provided in accordance with the requirements of The Parking Space Requirement Table. f. USE OF PARKING SPACES AND AREAS Parking spaces and areas required in accordance with this By-law shall be used for the parking of operative, currently licenced vehicles only, and for vehicles used in operations incidental to the permitted uses in respect of which such parking spaces and areas are required or permitted. Notwithstanding the foregoing within any Residential Zone, the owner or occupant of a dwelling unit may use a parking space for the purposes of the parking or storage of one commercial motor vehicle, as defined under The Highway Traffic Act, as amended, provided that the gross vehicle weight, at capacity, does not exceed four (4) tonnes. Notwithstanding the foregoing provisions, within any Agricultural Zone, a maximum of two (2) school buses which are operative and currently licenced, may be parked or stored on any lot. 3.15 PLANTING STRIP REGULATIONS a. LOCATION Where the interior side or rear lot line in a Commercial or Industrial Zone abuts a Residential Zone, a planting strip adjoining such abutting lot line, or portion thereof, shall be provided on the lot within the Commercial or Industrial Zone with a minimum width of 3.0 metres. 3.15 b. CONTENTS Where in this By-law a planting strip is required to be provided and maintained, such planting strip may consist of a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, not less than 1.5 metres high, at planting, immediately adjacent to the lot line or portion thereof along which such planting strip is required hereunder. The remainder of the strip shall be used for no other purpose than the planting of shrubs, flower beds, grass or a combination thereof. c. LANDSCAPED OPEN SPACE SUPPLEMENT A planting strip referred to in this Subsection may form a part of any landscaped open space required by this By-law. 3.16 PUBLIC USES The provisions of this By-law shall not apply to prohibit the use of any lot or the erection or use of any building or structure for the purposes of public services provided by the Corporation of the Town of Newcastle, any School Board, or any Public Authority including any department of the Regional Municipality of Durham or any Department or Ministry of the Government of Canada or Ontario, or any Conservation Authority established by the Government of Ontario, and, for the purposes of this Section shall include Ontario Hydro, any telephone, cable television or telegraph company and any natural gas distribution system operated by a Company distributing gas to the residents of the Town, which company possesses all the necessary powers, rights, licences and franchises. 3.17 REDUCTION OF REQUIREMENTS No person shall change the purpose for which any lot or building is used or erect any building, or structure, or addition to any existing building or structure, or sever any lands from any existing lot, if the effect of such action is to cause the original, adjoining, remaining or new building or lot to be in contravention of this By-law. 3.18 SERVICING REQUIREMENTS Unless otherwise provided herein, no residential building or structure may be erected and no use may be established in any zone, unless the lot upon which it is situated is serviced by a private potable water supply system installed in accordance with the requirements of the Public Health Act and a private sanitary waste disposal system installed in accordance with the requirements of the Ministry of the Environment. 3.19 SETBACK REQUIREMENTS Notwithstanding any provision of this By-law to the contrary, the following minimum setbacks shall apply to the specified buildings and structures: a. All buildings from an Environmental Protection (EP) Zone unless such building is located upon a lot located within a registered plan of subdivision or a plan of subdivision draft approved prior to the date of passing of this by-law 3 metres b. All buildings from watercourses not located within an Environmental Protection (EP) Zone 30 metres c. Non-farm related residential buildings from existing agricultural buildings, housing livestock and not located on the same lot. 300 metres d. Notwithstanding the foregoing, the provisions of Subsection (c) shall not apply to residential buildings located on existing lots of record or lots within a registered plan of subdivision or plan of subdivision draft approved, prior to the date of passing of this By-law. Nor shall they apply where an agricultural building housing livestock is located within the limits of the Urban Areas of Courtice, Bowmanville and Newcastle Village as designated by an approved Official ~an. 3.20 SIGHT TRIANGLES On a corner lot, within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 9 metres measured along the street line from the point of intersection of the street lines, no motor vehicle, as defined in the Highway Traffic Act, as amended, shall be parked, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and, no land shall be used for the purposes of growing shrubs or trees in excess of 0.75 metres in height. 3.21 SIGNS The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign provided such sign complies with the By-laws of the Town regulating signs. 3.22 SPECIAL USES PERMITTED a. A tool shed, construction trailer, scaffold or other building or structure incidental to construction is permitted in all Zones within the Town on the lot where it is situated and only for so long as it is necessary for the work in progrees and until the work is completed or abandoned. For the purpose of this section, abandoned shall mean the failure to proceed expeditiously with the construction work. b. In addition, the use of temporary living quarters on a lot for residential purposes may be permitted on a temporary basis, for a period not to exceed six (6) months, while a permitted dwelling is under construction, provided that said temporary living quarters shall be removed from the said lot immediately after the expiration of this six (6) month period or with the occupation of the new dwelling, whichever occurs first. Notwithstanding the time limitation of this provision, subject to the approval of Council, temporary living quarters may be used for a period exceeding the six (6) months permitted herein. c. In addition, Council may authorize) by resolution, the use of lands for special events, the duration of which shall not exceed seven (7) consecutive days or seven (7) days total in anyone calendar year. 3.23 THROUGH LOTS Where a lot, which is not a corner lot, has lot frontage on more than one street, the front yard requirements contained herein shall apply on each street in accordance with the provisions of the Zone or Zones in which such lot is located. SECTION 4 Z 0 N E S AND Z 0 N E MAP PIN G ZONES For the purposes of this By-law, the following zones are used and the same are established within the defined areas on the Schedules attached hereto. 5 ZONE SYMBOL ZONE TITLE EP ENVIRONMENTAL PROTECTION SECTION 6 A AGRICULTURAL 7 8 RC RESIDENTIAL CLUSTER RE RESIDENTIAL ESTATE RH RESIDENTIAL HAMLET 9 10 RM RESIDENTIAL MOBILE HOME / 15 16 17 18 19 20 21 22 RS RESIDENTIAL SHORELINE Rl URBAN RESIDENTIAL TYPE ONE R2 URBAN RESIDENTIAL TYPE TWO R3 URBAN RESIDENTIAL TYPE THREE R4 URBAN RESIDENTIAL TYPE FOUR Cl GENERAL COMMERCIAL C2 NEIGHBOURHOOD COMMERCIAL C3 HAMLET COMMERCIAL C4 SPECIAL PURPOSE COMMERCIAL 11 1 2 13 14 C5 SPECIAL PURPOSE COMMERCIAL (SERVICED) SERVICE STATION COMMERCIAL SERVICE STATION COMMERCIAL (SERVICED) LIGHT INDUSTRIAL GENERAL INDUSTRIAL EXTRACTIVE INDUSTRIAL C6 C7 23 24 25 Ml M2 M3 ZONING MAPS The extent and boundaries of the said zones are shown on the Schedules attached hereto which form part of this By-law. Such zones are described on the Schedules by the appropriate zone symbol. 4.1 SPECIAL EXCEPTIONS A number of the zones set out in this By-law and listed above, contain a section which describes "special exceptions". Special exceptions are indicated on the Schedules to this By-law by adding a dash (-) and a number to the basic zone symbol (for example, Rl-3) . Where a special exception is applied to a lot, such lot may only be used in accordance with the special exceptions described in the text. Where there is a conflict between a special exception and any other section of this By-law, the special exception shall apply. Where the special exception is silent on any matter, the provisions of this By-law shall apply. SECTION 5 5. ENVIRONMENTAL PROTECTION (EP) ZONE 5.1 PERMITTED USES No person shall within an Environmental Protection (EP) Zone use any land or erect, alter or use any building or structure except as specified hereunder, namely: a. Residential Uses i) prohibited b. Non-Residential Uses i) greenbelt park, golf courses and driving ranges exclusive of buildings, conservation, forestry, bird sanctuaries, wildlife reserves or other similar uses which provide for the preservation of the natural environment; ii) a farm exclusive of any buildings or structures associated therewith. iii) flood and erosion control works. 5.2 SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE 5.2.1 ENVIRONMENTAL PROTECTION EXCEPTION (EP-l) ZONE Notwithstanding Section 5.1, those lands zoned EP-l on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses i) Retail Commercial Store including accessory offices ii) Commercial Offices iii) Marina iv) Private Club v) Park (public or private) vi) Water Purification Plant and Pumping Station vii) Parking Areas 5.2.1 ENVIRONMENTAL PROTECTION EXCEPTION (EP-l) ZONE (Cont'd) b. Zone Regulations i i ) i i i ) iv) v) vi) vii) viii) ix) i) Block Area (minimum) 54000 square metres exclusive of water surface areas Building Coverage (minimum) Landscaped Area (mi nimum) Floor Areas: - Retail Commercial Stores (Total combined maximum) - Commercial Offices (Total combined maximum) Building Height (maximum) Separation between buildings or structures (minimum) Separation between buildings or structures and any private driveway, roadway or lane Separation between buildings or structures and any public road (minimum) Separation between buildings or structures and any lot line abutting public lands, buildings or structures 4.0 metres Parking (minimum) 332 spaces 10 percent 50 percent 400 square metres 60 square metres 10.5 metres 2.5 metres 6.0 metres 7.5 metres x) SECTION 6 6. AGRICULTURAL (A) ZONE 6.1 PERMITTED USES No person shall within the Agricultural (A) Zone, use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) one single detached dwelling; ii) one additional single detached dwelling provided that such dwelling is used by persons employed on the lot, and provided that the lot is not less than 20 hectares in area; iii) a converted dwelling; iv) a home occupation use in accordance with the provisions of Section 3.10 b. Non-Residential Uses i ) i i ) i i i ) iv) v) vi) vii ) viii) ix) cemeteries and places of worship which existed prior to the date of passing of this By-law; conservation and forestry; a fa rm ; a wayside pit or quarry in accordance with the provisions of The Pits And Quarries Control Act, a s amended; commercial kennels; fur fa rms ; riding and boarding stables; public fairgrounds; seasonal farm produce sales outlet. c. Holding Zone Where the zone symbol shown on a Schedule to this by-law is preceded by the letter (H), the use of the lands shall be limited to conservation and forestry uses. 6.2 REGULATIONS FOR RESIDENTIAL USES a. Non-farm residential buildings and structures on lots which predate the passing of this By-law, farm-related residences and residential buildings and structures on lots which are created by severance in accordance with the Durham Regional Official Plan, shall comply with the Zone requirements set out in Section 9.2 of this By-law. Notwithstanding the foregoing, where an additional single detached dwelling is provided, said dwelling shall have a total floor area of not less than 60 square metres. b. Notwithstanding the above, converted dwellings shall have a minimum total floor area of 60 square metres. i) Front Ya rd ii) Exterior Side Yard iii) Interior Side Yard iv) Rear Yard d. Lot Coverage (maximum) e. Landscaped Open Space (minimum) f. Building Height (maximum) i) Buildings Accessory to a Farm No Restriction i i) All Others 10 metres 6.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) i) Farm exclusive of residential buil di ngs ii) All other permitted uses c. Yard Requi rements (mi nimum) 40 hectares 10 metres 100 metres 15 metres 15 metres 15 metres 15 metres 5 Percent 10 Percent g. Residual Lot Area and Frontage Requirements Notwithstanding the minimum lot area and frontage requirements set forth under Section 6.3 and the minimum setback requirements of Section 3.19, where a lot is created in accordance with the provisions of the Durham Regional Official Plan, that portion of the original lot from which the lot has been severed shall be deemed to comply with the minimum setback require- ments of Section 3.19. 6.4 SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE 6.4.1 AGRICULTURAL EXCEPTION (A-l) ZONE Notwithstanding Section 6.1, those lands zoned A-l on the Schedules to this By-law shall only be used for the following purposes: a. Residential Uses i) one single detached dwelling; ii) one additional single detached dwelling provided that such dwelling is used by persons employed on the lot, and provi ded that the lot is not 1 ess than 20 hectares in area; iii) a converted dwelling; and iv) a home occupation use in accordance with the provisions of Section 3.10. 6.4.2 6.4.3 6.4.4 6.4.5 b. Non-Residential Uses i) cemeteries and places of worship which existed prior to the date of passing of this By-law; ii) conservation and forestry; i i i) a fa rm ; iv) a wayside pit or quarry in accordance with the provisions of The Pits and Quarries Control Act, as amended; v) private kennel accessory to a permitted use. AGRICULTURAL EXCEPTION (A-2) ZONE Notwithstanding Section 6.1, those lands zoned A-2 on the Schedules to this By-law may, in addition to those other uses permitted in the Agricultural (A) Zone, be used for the purposes of a cheese factory subject to the zone regulations set out in Section 6.3 and the following special setback and yard requirements. i) the cheese factory shall not be located within 40 metres of a single detached dwelling; ii) the cheese factory shall not be located within 42 metres of the easterly limit of the lot upon which it is situate. AGRICULTURAL EXCEPTION (A-3) ZONE Notwithstanding Section 6.1, those lands zoned A-3 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a garden and nursery sales and supply establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-4) ZONE Notwithstanding Section 6.1, those lands zoned A-4 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a farm produce sales outlet on a year-round basis. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-5) ZONE Notwithstanding Section 6.1, those lands zoned A-5 on the Schedules to this By-law may, in addition to those other uses permitted in the A Zone be used for a contractor's yard. Placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3, except that the maximum lot coverage of all buildings and structures shall not exceed 500 square metres. 6.4.6 6.4.7 6.4.8 6.4.9 AGRICULTURAL EXCEPTION (A-6) ZONE Notwithstanding Section 6.1, those lands zoned A~6 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a farm implement and equipment sales and service establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-7) ZONE Notwithstanding Section 6.1, those lands zoned A-7 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a private club. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-8) ZONE Notwithstanding Section 6.1, those lands zoned A-8 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a golf course. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-9) ZONE Notwithstanding Section 6.3, those lands zoned A-9 on the Schedules to this By-law shall be subject to the following special regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Front Yard (minimum) d. Side Yard (minimum) 2.4 hectares 150 metres 10 metres 3 metres e. Access to the lands shall be restricted to an area commencing from the limits of the most southerly boundary of the subject lands to a point 56 metres north along the lot frontage and shall be located in accordance with the applicable entranceway policies in effect for the Town of Newcastle. 6.4.10 6.4.11 6.4.12 AGRICULTURAL EXCEPTION (A-10) ZONE Notwithstanding Section 6.1, those lands zoned A-10 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for an agri cul tural produce warehouse and an agricultural chemical dealership. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-ll) ZONE Notwithstanding Section 6.1, those lands zoned A-ll on the Schedules to this By-law may, in additiqn to the other uses permitted in the Agricultural (A) Zone, be used for a trailer camp or park subject to the following zone regulations: a. Minimum camping lot area intended to be occupied by one tent, mobile camper trailer, motorized motor home or other recreational vehicle: 200 square metres b. Front Yard (minimum) 20 metres c. Side Yard (minimum) d. Rear Yard (minimum) 20 metres 20 metres AGRICULTURAL EXCEPTION (A-12) ZONE Notwithstanding Section 6.1, those lands zoned A-12 on the Schedules to this By-law may, in addition to the other uses permitted in the Agriculture (A) Zone be used for a retail shop for the sale of antiques and crafts; a tea room or tea garden ancillary to the retail shop; a business office ancillary to the retail shop, and a snack-bar ancillary to the retail shop subject to the following zone regulations: a. Lot Area (minimum) 4.0 hectares b. Lot Frontage (minimum) 45.0 metres c. Front Yard (minimum) 7.5 metres d. Interi or Side Yard (minimum) 15.0 metres e. Exterior Side Yard (mi nimum) 15.0 metres f. Rear Yard (mi nimum) 15.0 metres g. Lot Coverage (maximum) 2 percent 6.4.13 6.4.14 6.4.15 AGRICULTURAL EXCEPTION (A-13) ZONE Notwithstanding Section 6.1, those lands zoned A-13 on the Schedules to this By-law may, in addition to the other uses permitted in the Agriculture (A) Zone, be used for a place of worship subject to the following zone regulations: a. Lot Area (minimum) 1.0 hectares b. Lot Frontage (minimum) 30 metres c. Front Yard (minimum) 10 metres d. Exterior Side Yard (minimum) 10 metres e. Interior Side Yard (minimum) 10 metres f. Rear Yard (minimum) 10 metres g. Height (maximum) 10.5 metres h. Landscaped Open Space (minimum) 20 percent AGRICULTURAL EXCEPTION (A-14) ZONE Notwithstanding Section 6.1, those lands zoned A-14 on the Schedules to this By-law may, in addition to those other uses permitted in the Agricultural Exception (A-l) Zone, be used for a commercial kennel, subject to the zone regulations set out in Section 6.3 and the following special zone regulations: a. the commercial kennel shall not be located within 300 metres of a dwelling unit located on adjacent lands which are held under distinct and separate ownership. b. the commercial kennel shall not be located within kilometre of another commercial kennel. c. all buildings and structures related to the operation of the commercial kennel may only be located to the rear of any dwelling unit located on the lot. AGRICULTURAL EXCEPTION (A-15) ZONE Notwithstanding Section 6.1, those lands zoned A-15 on the Schedules to this By-law may, in addition to those other uses permitted in the Agricultural Exception (A-l) Zone, be used for a one single family detached dwelling and buildings and structures accessory thereto, fitness centre, dog kennel, private zoo, pet cemetery, souvenier shop and snack bar, subject to the zone regulations set out in Section 6.3 and the following special zone regulations: 6.4.15 AGRICULTURAL EXCEPTION (A-15) ZONE (Cont'd) Genera 1 a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) (i) Front Yard (ii) Exterior Side Yard (iii) Interior Side Yard - Animal Enclosure - Kennel - All Other Buildings and Structures ( i v) Rea r Ya rd d. Lot Coverage (maximum) e. Landscaped Area (minimum) f. Building Height (maximum) g. Building Floor Area Requirements (i) Single Family Dwelling (ii) Fitness Centre (maximum) (iii) Kennel (maximum) (iv) Animal Enclosure - large (minimum) (v) Animal Enclosure - small (minimum) (vi) Temporary Holding Areas (minimum) 4.45 square metres h. Distance between Animal Enclosures and Buildings (minimum) 10 metres i. Parki ng Requi rements (mi nimum) 1 parki ng space per 30 square metres of total building area excluding animal enclosures and a single family dwelling, plus 2 spaces per animal enclosure. 40,000 square metres 100 metres 15.0 metres 15.0 metres 6.5 metres 2.5 metres 7.5 metres 10.5 metres 15.0 percent 40.0 percent 10.0 metres 110 square metres 1200 square metres 210 square metres 185 square metres 30 square metres Single Family Dwelling a. Front Yard (minimum) 15.0 metres b. Side Yard (mi nimum) 7.5 metres c. Rear Yard (minimum) 10.6 metres d. Setback (minimum) 28.0 metres e. Floor Area (minimum) 11 0.0 squa re metres f. Building Height (maximum) 9.0 metres g. Number of Parking Spaces (minimum) 2 Fitness Centre a. Front Yard (minimum) b. Side Yard (minimum) c. Rear Yard (minimum) d. Setback (minimum) e. Floor Area (maximum) f. Building Height (maximum) 35.0 metres 25.0 metres 10.6 metres 45.0 metres 1200 square metres 10.0 metres 6.4.15 6.4.16 6.4.17 6.4.18 AGRICULTURAL EXCEPTION (A-15) ZONE (Cont'd) Dog Kennel a. Front Yard (minimum) b. Side Yard (minimum) c. Rear Yard (minimum) d. Setback (minimum) e. Floor Area (maximum) f. Building Height (maximum) 65.0 metres 2.5 metres 10.6 metres 75.0 metres 210.0 square metres 5.0 metres Private Zoo a. Distance of Animal Enclosure from any Lot Line (minimum) 6.5 metres b. All animals exclusive of swans, ducks and geese shall be confined at all times to either an animal enclosure or a temporary holding space. c. Land used for the purposes of a private zoo shall be completely enclosed by security fencing having a minimum height of 1.8 metres. Ingress and egress to such lands shall be by means of a controlled access gate which shall be kept locked and secured at all times that the private zoo is not open to the public. AGRICULTURAL EXCEPTION (A-16) ZONE Notwithstanding Section 6.1, those lands zoned A-16 on the Schedules to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a group home. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3. AGRICULTURAL EXCEPTION (A-17) ZONE Notwithstanding Section 6.1, those lands zoned A-17 on the Schedules to this By-law may, in addition to the other uses permitted in the Agriculture (A) Zone be used for livestock auction room. AGRICULTURAL EXCEPTION (A-18) ZONE Notwithstanding Section 6.1, those lands zoned A-18 on the Schedules to this By-law, may only be used for a meat cutting and meat smoking operation subject to the following special zone regulations: 6.4.18 6.4.19 AGRICULTURAL EXCEPTION (A-18) ZONE (Cont'd) a. Front yard (minimum) 45 metres b. Minimum setback from any residential building not located on the same lot 24 metres AGRICULTURAL EXCEPTION (A-19) ZONE Notwithstanding Section 6.1, those lands zoned A-19 on the Schedules to this by-law may, in addition to those other uses permitted in the Agricultural (A) Zone, be used for a Pigeon Racing Club House and buildings and structures accessory thereto, subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 0.40 hectares 50 metres SECTION 7 7. RURAL CLUSTER 7.1 PERM nTED USES No person shall, within a Rural Cluster (RC) Zone, use any land or erect, alter, or use any building or structure except as specified hereunder. a. Residential Uses i) a single detached dwelling; and ii) a home occupation use in accordance with the provisions of Section 3.10 7.2 REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) 3000 square metres 30 metres c. Yard Requirements (minimum) i) i~n iv) Front Ya rd Exterior Side Yard Interior Side Yard Rear Yard 10 metres 10 metres 2 metres 10 metres d. Floor Area (minimum) e. Lot Coverage (maximum) 110 square metres 30 percent f. Landscaped Open Space (minimum) g. Building Height (maximum) 30 percent 10.5 metres 7.3 SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE 7.3.1 RURAL CLUSTER EXCEPTION (RC-l) ZONE Notwithstanding Section 7.2, those lands zoned RC-l on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Front Yard (minimum) 2500 square metres 40 metres 7.5 metres 7.3.1 RURAL CLUSTER EXCEPTION (RC-l) ZONE (Cont'd) d. Interior Side Yard (minimum) except that where no attached is provided, the minimum side shall be 4.5 metres 1.5 metres garage or carport yard on one side e. Exterior Side Yard (minimum) 6 metres f. Rear Yard (minimum) g. Floor Area (minimum) 7.5 metres 139 square metres h. Serviced by a municipal water and private waste disposal system. 7.3.2 RURAL CLUSTER EXCEPTION (RC-2) ZONE Notwithstanding Section 7.2, those lands zoned RC-2 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Side Yard (minimum) 19,400 square metres 100 metres 7.5 metres 7.3.3 RURAL CLUSTER EXCEPTION (RC-3) ZONE Notwithstanding Section 7.2, those lands zoned RC-3 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Front Yard (minimum) c. ~de Yard (minimum) 2800 square metres 15 metres n metres 7.3.4 RURAL CLUSTER EXCEPTION (RC-4) ZONE Notwithstanding Section 7.2, those lands zoned RC-4 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 1850 square metres SECTION 8 8. RESIDENTIAL ESTATE (RE) 8.1 PERMITTED USES No person shall within an Residential Estate (RE) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a single detached dwelling; and, ii) a home occupation use in accordance with the provisions of Section 3.10, save and except the retail sale of antiques, arts, crafts, or hobby items. 8.2 REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Ya rd ii~ Exterior Side Yard iii Interior Side Yard iv) Rear Yard d. Floor Area (minimum) e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Buil di ng Hei ght (maximum) 5000 square metres 40 metres 15 metres 15 metres 6 metres 15 metres 110 square metres 30 percent 30 percent 10.5 metres 8.3 SPECIAL EXCEPTIONS - RESIDENTIAL ESTATE (RE) ZONE 8.3.1 RESIDENTIAL ESTATE EXCEPTION (RE-l) ZONE Notwithstanding Section 8.2, those lands zoned RE-l on the Schedul es to thi s By-l aw shall al so be subj ect to the following special regulations: i) Minimum setback from the limit of any Environmental Protection (EP) Zone 65 metres 8.3.2 8.3.3 8.3.4 RESIDENTIAL ESTATE EXCEPTION (RE-2) ZONE Notwithstanding Section 8.2, those lands zoned RE-2 on the Schedules to this By-law shall be subject to the following special regulations: i) Rear Yard (minimum) 15 metres, except that no part of any dwelling or the water surface area of any swimming pool may be located closer than 30 metres from any lot used for agricultural purposes. RESIDENTIAL ESTATE EXCEPTION (RE-3) ZONE Notwithstanding Section 8.2, those lands zoned RE-3 on the Schedules to this By-law shall be subject to the following special regulations: i) Lot Area (minimum) 4800 square metres ii) Lot Frontage (minimum) 38 metres, where lot lines are not parallel, the lot frontage shall be the distance between the side lot lines measured on a line 30 metres back from the front lot line and parallel to it. RESIDENTIAL ESTATE EXCEPTION (RE-4) ZONE Notwithstanding Section 8.2, those lands zoned RE-4 on the Schedules to this By-law shall be subject to the following special regulations: i) Lot Area (minimum) 2940 square metres ii) Lot Frontage (minimum) 30 metres, where lot lines are not parallel, the lot frontage shall be the distance between the side lot lines measured on a line 30 metres back from the front lot 1 i ne and parall el to it. SECTION 9 9. RESIDENTIAL HAMLET (RH) ZONE 9.1 PERMITTED USES No person shall within a Residential Hamlet (RH) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a single detached dwelling; and ii) a home occupation use in accordance with the provisions of Section 3.10. b. Non-Residential Uses i) places of worship subject to the zone regulations set out in Section 9.2; and ii) cemeteries which existed prior to the date of passing of this By-law. 9.2 REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Ya rd ii~ Exterior Side Yard iii Interior Side Yard iv) Rear Yard d. Floor Area (minimum) e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Buil di ng Hei ght (maximum) 3000 square metres 30 metres 6 metres 6 metres 2 met res 10 metres 110 square metres 30 Percent 30 Percent 10.5 metres 9.3 SPECIAL EXCEPTIONS - RESIDENTIAL HAMLET (RH) ZONE 9.3.1 RESIDENTIAL HAMLET EXCEPTION (RH-l) ZONE Notwithstanding Section 9.2, those lands zoned RH-l on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 5000 square metres 9.3.2 RESIDENTIAL HAMLET EXCEPTION (RH-2) ZONE Notwithstanding Section 9.1, those lands zoned RH-2 on the Schedules to this By-law may, in addition to the other uses permitted in the Residential Hamlet (RH) Zone, be used for a group home. The placement of buildings and structures shall be subject to the zone regulations set out in Section 9.2. 9.3.3 RESIDENTIAL HAMLET EXCEPTION (RH-3) ZONE Notwithstanding Section 9.2, the minimum lot frontage and lot area requirements for those lands zoned RH-3 s ha 11 be as fo 11 ows : a. Lot Area (minimum) 0.8 ha b. Lot Frontage (minimum) 45 metres 9.3.4 RESIDENTIAL HAMLET EXCEPTION (RH-4) ZONE Notwithstanding Section 9.2, those lands zoned RH-4 on the Schedules to this By-law shall be subj ect to the following zone regulations: a. Lot Area (minimum) 0.4 ha b. Lot Frontage (minimum) 45.0 metres c. Front Yard (minimum) 25.0 metres d. Side Yard (minimum) 7.5 metres 9.3.5 RESIDENTIAL HAMLET EXCEPTION (RH-5 ) ZONE Notwithstanding Section 9.2, those lands zoned RH-5 on the Schedules to this By-law shall be subject to the following zone regulations: a. Minimum setback from the limit of any Environmental Protection (EP) Zone 2.0 metres 9.3.6 9.3.7 9.3.8 9.3.9 9.3.10 RESIDENTIAL HAMLET EXCEPTION (RH-6) ZONE Notwithstanding Section 9.2, those lands zoned RH-6 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Frontage (minimum) 20.0 metres RESIDENTIAL HAMLET EXCEPTION (RH-7) ZONE Notwithstanding Section 9.1, those lands zoned RH-7 on the Schedules to this By-law may, in addition to those other uses permitted in the RH Zone, be used for an implement shed not exceeding a floor area of 85.0 square metres and being a building where snow removal and garden or grounds maintenance equipment such as a tractor, plow, cultivator, mower, disc, harrows, snow blower, snow blade and loader shall be stored. In addition, one diesel-fuel storage tank, not exceeding a capacity of 1000 litres, may also be permitted. RESIDENTIAL HAMLET EXCEPTION (RH-8) ZONE Notwithstanding Section 9.2, those lands zoned RH-8 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 1890 square metres 50.0 metres RESIDENTIAL HAMLET EXCEPTION (RH-9) ZONE Notwithstanding Section 9.2, those lands zoned RH-9 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Front Yard (minimum) 4000 square metres 45.0 metres 55.0 metres RESIDENTIAL HAMLET EXCEPTION (RH-10) ZONE Notwithstanding Section 9.2, those lands zoned RH-10 on the Schedules to this By-law shall be subject to the following zone regulation: a. Lot Area (minimum) 1850 square metres SECTION 10 10. RESIDENTIAL MOBILE HOME PARK (RM) ZONE 10.1 PERM ITTED IJSES No person shall within a Residential Mobile Home Park (RM) Zone, use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a mobile home park not exceeding a density of 7 mobile homes per hectare b. Non-residential Uses i) a mobile home park community centre ii) a private park iii) a mobile home park maintenance depot iv) a cable television reception tower and appurtenant structures v) storage lockers accessory to a mobile home 10.2 REGULATIONS FOR RESIDENTIAL USES a. Each mobile home site located within a mobil e home park shall be subject to the following zone regulations: i ) Site Area (minimum) 325 square metres i i ) Site Coverage (maximum) 45 pe rcent i i i ) Landscaped Open Space (minimum) 30 percent b. Each mobile shall be located on a single mobile home site and shall be subject to the following zone regulations: i ) Floor area (minimum) 60 squa re metres i i ) Setback from any other mobil e home 3.0 metres i i i ) Setback from any mobile home pa rk road 5.0 metres iv) Setback from any lot 1 i ne 15.0 metres 10.3 REGULATIONS FOR NON-RESIDENTIAL lISES a. Mo bile Home Park Community Centre i ) Floor area (maximum) 3500 squa re metres i i ) Setback from any mobile home 15.0 metres i i i ) Setback from any mobile home park road 5.0 metres i v) Setback from any lot line 15.0 metres b. Mobile Home Park Maintenance Depot i ) Floor area (maximum) 300 squa re metres i i ) Set back from any mobile home 50 metres i i i ) Setback from any mobile home pa rk road 5.0 metres iv) Setback from any lot line 1 5.0 met res c. Cable Television Reception Tower and Appurtenances i ) Setbac k from any mobile home 15.0 metres i i ) Setback from any mobile home pa rk road 5.0 metres i i i ) Setback from any lot 1 i ne 15.0 metres 10.4 MUNICIPAL SERVICING REQUIREMENTS a. No residential building or structure may be erected and no residential use may be established in the Residential Mobile Home Park (RM) Zone unless the site upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. SECTION 11 11. RESIDENTIAL SHORELINE (RS) ZONE 11.1 PERMITTED USES No person shall within the Residential Shoreline (RS) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a single detached dwelling; ii) a seasonal dwelling; iii) a home occupation use in accordance with the provisions of Section 3.10 hereinafter set forth in thi s By-l aWe 11.2 REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) 2800 square metres 30 metres i) Front Ya rd ii) Exterior Side Yard iii) Interior Side Yard iv) Rear Yard d. Dwelling Unit Area (minimum) i) seasonal dwelling ii) single detached dwelling seasonal dwelling 8 metres 8 metres 3 metres 8 metres 75 square metres 110 square metres e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 30 Percent 30 Percent 10.5 metres h. An existing seasonal dwelling may be converted to a single detached dwelling in accordance with the requirements of Sections 3.7 and 3.18. 11.3 SPECIAL EXCEPTIONS - RESIDENTIAL SHORELINE (RS) ZONE 11.3.1 RESIDENTIAL SHORELINE EXCEPTION (RS-l) ZONE Notwithstanding Section 11.1, those lands zoned RS-l on the Schedules to this By-law shall only be used in accordance with the following zone regulations: a. PERMITTED USES i) seasonal dwellings existing at the date of passing of this By-law; ii) single detached dwellings existing at the date of passing of this By-law; iii) greenbelt park; iv) flood and erosion control works. b. ZONE PROVISIONS i) Existing seasonal dwellings may be enlarged or expanded or converted to a single detached dwelling subject to the provisions of Sections 3.5, 3.6, 3. 7, 3. 1 8 and 11. 2 . ii) Existing single detached dwellings may be enlarged or expanded subject to the provisions of Section 3.5,3.6,3.7,3.18 and 11.2. iii) Expansion and enlargement of existing seasonal and single detached dwellings, or conversion of existing seasonal to a single detached dwelling shall be permitted provided no openings, doors or windows, in any structure designed for human habitation, are located, entirely or partially, below an elevation of 76.2 metres C.G.D. being the 1 :100 year Flood Level for Lake Ontario. 11.3.2 RESIDENTIAL SHORELINE EXCEPTION (RS-2) ZONE Notwithstanding Section 11.1, those lands zoned RS-2 on the Schedules to this By-law shall only be used in accordance with the following zone regulations. a. PERMITTED USES i ) seasonal dwell i ngs existing at the date of passi ng of this By-law; i i ) single detached dwellings existing at the date of passing of this By-law; i i i ) greenbelt pa rk ; iv) flood and erosion control works. 11.3.2 RESIDENTIAL SHORELINE EXCEPTION (RS-2) ZONE (Cont'd) b. ZONE PROVISIONS i) Existing seasonal dwellings may be enlarged or expanded or converted to a single detached dwelling subject to the provisions of Sections 3.5, 3.6, 3 . 7, 3. 1 8 a nd 11. 2 . ii) Existing single detached dwellings may be enlarged or expanded subject to the provisions of Section 3.5,3.6,3.7,3.18 and 11.2. i i i ) Expansion and enlargement of existing seasonal and single detached dwellings or conversion of existing seasonal to a single detached dwelling shall be permitted provided shoreline erosion protection works are provided to a standard acceptable to the Town of Newcastle. SECTION 12 12. URBAN RESIDENTIAL TYPE ONE (Rl) ZONE 12.1 PERMITTED USES No person shall, within an Urban Residential Type One (Rl) Zone, use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a single detached dwelling; ii) a semi-detached dwelling; iii) a duplex iv) a home occupation use in accordance with the provisions of Section 3.10 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Non-Residential Uses i) places of worship subject to the zone regulations set out in Section 12.2 in respect of a single detached dwelling. 12.2 REGULATIONS FOR RESIDENTIAL USES b. Lot Area (minimum) i) single detached dwelling ii) semi-detached & duplex dwelling Lot Frontage (minimum) Interior Lot i) single detached dwelling ii) semi-detached & duplex dwelling Lot Frontage (minimum) Exterior Lot i) single detached dwelling ii) semi-detached & duplex dwelling d. Yard Requi rements (mi nimum) i) front ya rd ii) exterior side yard iii) interior side yard _ with an attached garage or carport - without an attached garage or carport i v) rear yard 460 square metres 550 square metres a. 15 metres 18 metres c. 16 metres 20 metres 6 metres 6 metres 1 .20 metres 4.5 metres 7.5 metres e. Dwelling Unit Area (minimum) i) single detached dwelling - 1 storey or split level - 1 1/2 or two storey ii) semi-detached dwelling iii) duplex 85 square metres 100 square metres 80 square metres 50 square metres 12.2 REGULATIONS FOR RESIDENTIAL USES (Cont'd) f. Lot Coverage (maximum) i) single detached dwelling ii) semi-detached & duplex dwelling 40 percent 45 percent g. Landscaped Open Space (minimum) Building Height (maximum) 30 percent 10.5 metres h. i. Special Yard Regulations i) Notwithstanding the interior sideyard requirements above, where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between the walls of such dwelling units above finished grade shall be 1.20 metres. 12.3 MUNICIPAL SERVICING REQUIREMENT a. No bui 1 di ng or structure may be erected and no use may be established in the Urban Residential Type One (Rl) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accomodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this By-law. c. Subsection a. above does not apply to prevent the erection of a dwelling on a lot which existed prior to the date of passing of this By-law or which has been created by consent, provided that soil and groundwater conditions are suitable for the installation of individual services provided a Servicing Agreement has been executed with the Regional Municipality of Durham and provided that all other zone requirements are complied with. d. Subsection a. above does not apply to prevent the erection of a dwelling on a lot or block within a registered plan of subdivision provided that a subdivision agreement with the Town has been registered on title and further, provided that such subdivision agreement includes appropriate provisions in respect of the servicing of such lot or block. 12.4 SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (Rl) ZONE 12.4.1 URBAN RESIDENTIAL EXCEPTION (Rl-l) ZONE Notwithstanding Section 12.1, only single detached dwellings and all home occupation uses shall be 12.4.1 12.4.2 12.4.3 12.4.4 URBAN RESIDENTIAL EXCEPTION (Rl-l) ZONE (Cont'd) permitted on those lands zoned Rl-l on the Schedules to this By-law subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 650 square metres 18 metres URBAN RESIDENTIAL EXCEPTION (Rl-2) ZONE Notwithstanding Section 12.1, only single detached dwellings and all home occupation uses shall be permitted on those lands zoned Rl-2 on the Schedules to this By-law subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 695 square metres 20 metres c. No building or structure may be erected and no use may be established in the Rl-2 zone unless the lot upon which it is situated is serviced by a municipal water system and a private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment. URBAN RESIDENTIAL EXCEPTION (Rl-3) ZONE Notwithstanding Section 12.1, those lands zoned Rl-3 on the Schedules to this By-law may, in addition to the other uses permitted in the Rl Zone, be used for a nursing home. The placement of buildings and structures shall be subject to the zone regulations as set out in Section 12.2. URBAN RESIDENTIAL EXCEPTION (Rl-4) ZONE Notwithstanding Section 12.1, only single detached dwellings and all home occupation uses shall be permitted on those lands zoned Rl-4 on the Schedules to this By-law subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 565 square metres 17.5 metres c. Interior Side Yard (minimum) - with an attached garage or carport 1.8 metres - without an attached garage or carport 3.7 metres d. Rear Yard (minimum) 7.5 metres e. Floor Area (minimum) 165 square metres 12.4.5 URBAN RESIDENTIAL EXCEPTION (Rl-5) ZONE Notwithstanding Section 12.1, those lands zoned Rl-5 on the Schedules to this By-law may only be used for a hospital subject to the following zone regulations: a. Front Yard (minimum) 6 metres b. Rear Yard (minimum) 6 metres c. Side Yard (minimum) 6 metres d. Building Height (maximum) 20 metres 12.4.6 URBAN RESIDENTIAL EXCEPTION (Rl-6) ZONE Notwithstanding Section 12.1, those lands zoned Rl-6 on the Schedules to this By-law may, in addition to the other uses permitted in the Rl Zone, be used for a group home. The placement of buildings and structures shall be subject to the regulations set out in Section 12.2 in respect of a single detached dwelling. 12.4.7 URBAN RESIDENTIAL EXCEPTION (Rl-7) ZONE Notwithstanding Section 12.2 those lands zoned Rl-7 on the Schedules to this By-law are also subject to the following zone regulations: a. Minimum setback from the centreline of the Canadian National Railway Right-of-way 53.0 metres 12.4.8 URBAN RESIDENTIAL EXCEPTION (Rl-8) ZONE Notwithstanding Section 12.1, those lands zoned Rl-8 on the Schedules to this By-law may, in addition to the other uses permitted in the Rl zone, be used for a residence for the accommodation, education, employment, recreation and therapeutic treatment of handicapped persons. The placement of buildings and structures shall be subject to the regulations set out in Section 12.2 in respect of a single detached dwell i ng. 12.4.9 URBAN RESIDENTIAL EXCEPTION (Rl-9) ZONE Notwithstanding Section 12.1, those lands zoned Rl-9 on the Schedules to this By-law may, in addition to a single family dwelling, may be used for a day nursery. The placement of buildings and structures shall be subject to the regulations set out in Section 12.2 in respect of a single detached dwelling. 12.4.10 12.4.11 12.4.12 12.4.13 URBAN RESIDENTIAL EXCEPTION (Rl-10) ZONE Notwithstanding Section 12.1, those lands zoned Rl-IO on the Schedules to this By-law may be only used for the purposes of a private school subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) 25,000 square metres 30.0 metres i) Front Yard ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard d. Building Height (maximum) 30 metres 7.5 metres 15 metres 10 metres 10.5 metres e. Off Street Parking (minimum) The greater of 1 space per class room or 1 space per 10 square metres of general-Purpose rooms or auditorium. URBAN RESIDENTIAL EXCEPTION (Rl-ll) ZONE Notwithstanding Section 12.1, those lands zoned Rl-ll on the Schedules to this by-law shall also be subject to the following provision: a. Lot Area (minimum) 445 square metres URBAN RESIDENTIAL EXCEPTION (Rl-12) ZONE Notwithstanding Section 12.1, those lands zoned Rl-12 on the Schedules to this by-law may also be used for a converted dwelling in accordance with the zone regulations for semi-detached and duplex dwellings. URBAN RESIDENTIAL EXCEPTION (Rl-13) ZONE Notwithstanding Section 12.1, only single detached dwelling and home occupation uses shall be permitted on those lands zoned Rl-13 on the Schedules to this By-law, subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 695 square metres 20 metres c. No building or structure may be erected and no use may be established in the Rl-13 zone unless the lot upon which it is situated is serviced by a private water system and private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment. 12.4.14 URBAN RESIDENTIAL EXCEPTION (Rl-14) ZONE Notwithstanding Section 12.1, those lands zoned Rl-14 on the Schedules to this By-law may be only used for the purposes of a public park and an Agricultural fairground subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard d. Lot Coverage (maximum) e. Building Height (minimum) 4000 square metres 30 metres 15 metres 7.5 metres 15 metres 7.5 metres 10 percent 12.0 metres SECTION 13 13. URBAN RESIDENTIAL TYPE TWO (R2) ZONE 1 3. 1 PERM ITTED US ES No person shall, within an Urban Residential Type Two (R2) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a single detached dwelling; ii) a home occupation use in accordance with the provisions of Section 3.10 this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Non-Residential Uses i) Places of worship, subject to the zone regulations set out in Section 12.2 in respect of a single detached dwelling. 13.2 REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) Lot Frontage (minimum) i) interior lot ii) corner lot (minimum) Yard Requirements (minimum) i) Front Ya rd ii) Exterior Side Yard iii) Interior Side Yard - with an attached garage or - without an attached garage i v) Rear Yard Dwelling Unit Area (minimum) i) single detached dwelling - 1 storey or split level - 1 1/2 or 2 storey b. c. d. e. Lot Coverage (maximum) Landscaped Open Space (minimum) Building Height (maximum) f. g. 370 square metres 12 metres 15 metres 6 metres 6 metres carport 1.20 metres or carport 4.5 metres 7.5 metres 85 square metres 100 square metres 40 percent 30 percent 10.5 metres 13.3 MUNICIPAL SERVICING REQUIREMENT a. No building or structure may be erected and no use may be established in the Urban Residential Type Two (R2) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this By-law and which does not meet the servicing requirement set out above. c. Subsection a. above does not apply to prevent the erection of a dwelling on a lot or block within a registered plan of subdivision provided that a subdivision agreement with the Town has been registered on title and further, provided that such subdivision agreement includes appropriate provisions in respect of the servicing of such lot or block. 13.4 SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE 13.4.1 URBAN RESIDENTIAL EXCEPTION (R2-1) ZONE Notwithstanding Section 13.1, only semi-detached dwellings and home occupation uses shall be permitted on those lands zoned R2-1 on the Schedules to this By-law subject to the following zone regulations: a. Lot Area (minimum) 365 square metres 13.4.2 URBAN RESIDENTIAL EXCEPTION (R2-2) ZONE Notwithstanding Section 13.1 and 13.2, those lands zoned R2-2 on the Schedules to this By-law may only be used in accordance with the following zone regulations: (i) PERMITTED USES a. a single detached dwelling b. a semi-detached dwelling c. a home occupation use in accordance with the provisions of Section 3.10 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. 13.4.2 URBAN RESIDENTIAL EXCEPTION (R2-2) ZONE (Cont'd) (ii) REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) i) single detached dwelling ii) semi-detached dwelling 370 square metres 460 square metres b. Lot Frontage (minimum) Interior Lot i) single detached dwelling ii) semi-detached dwelling 12 metres 18 metres c. Lot Frontage (minimum) Exterior Lot i) single detached dwelling ii) semi-detached dwelling d. Yard Requirements (minimum) i) Front Yard 6 metres ii) Exterior Side Yard 6 metres iii) Interior Side Yard - with an attached garage or carport 1.2 metres - without an attached garage or carport 4.5 metres on one side, 1.2 metres on the other iv) Rear Yard 7.5 metres 15 metres 21 metres e. Dwelling Unit Area (minimum) in single detached dwelling semi-detached dwelling 88 square metres 83.5 square metres f. Lot Coverage (maximum) i) single detached dwelling ii) semi-detached dwelling 40 percent 45 percent g. Landscaped Open Space (minimum) 30 percent h. Building Height (maximum) 10.5 metres i. Special Yard Regulations: Notwithstanding the interior sideyard requirements above, where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between the walls of such dwelling units above finished grade, shall be 1.20 metres. SECTION 14 14. URBAN RESIDENTIAL TYPE THREE (R3) ZONE 14.1 PERMITTED USES No person shall, within an Urban Residential Type Three (R3) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) all uses permitted in the Rl Zone subject to the regulations contained therein ii) a street townhouse dwelling iii) a link townhouse dwelling iv) a converted dwelling v) a boarding house vi) a duplex dwelling; and b. Non-Residential Uses i) Places of worship, subject to the zone regulations set out in Section 12.2 in respect of a single detached dwelling. 14.2 REGULATIONS FOR DUPLEX DWELLING, CONVERTED DWELLING, BOARDING HOUSE a. Lot Area (minimum) b. Lot Frontage (minimum) 550 square metres 20 metres c. Yard Requirements (minimum) i) Front Yard 6 metres ii) Exterior Side Yard 6 metres iii) Interior Side Yard Minimum width shall be 3.2 metres on one side, 1.5 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the second. iv) Rear Yard 10 metres d. Total Floor Area (minimum) for a duplex dwelling or a dwelling unit within a converted dwelling 60 square metres e. Lot Coverage (maximum) 45 percent f. Landscaped Open Space (minimum) 30 percent g. Building Height (maximum) 10.5 metres 14.3 REGULATIONS FOR STREET TOWNHOUSE DWELLINGS a. Lot Area (minimum) i) Interior Lot ii) Exterior Lot b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 170 square metres 280 square metres 6 metres 10 metres c. Yard Requirements (minimum) i) Front Yard 6.0 metres ii) Interior Side Yard 1.5 metres, nil where building has a common wall with any building on an adjacent lot located in an R-3 zone iv) Exterior Side Yard v) Rear Yard 4.5 metres 7.5 metres d. Dwelling Unit Area (minimum) 85 square metres e. Lot Coverage (maximum) 50 percent f. Landscaped Open Space (minimum) 30 percent g. Building Height (maximum) 10.5 metres 14.4 REGULATIONS FOR LINK TOWNHOUSE DWELLING a. Density (maximum) b. Lot Frontage (mi nimum) c. Yard Requirements (minimum) i) Front Ya rd ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard d. Dwelling Unit Area (minimum) e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 40 units per ha 1 3.5 metres 6.0 metres 4.5 metres 6.0 metres 7.5 metres 85 square metres 40 percent 40 percent 10 metres 14.5 MUNICIPAL SERVICING REQUIREMENT a. No building or structure may be erected and no use may be established in the Urban Residential Type Three (R3) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this By-law and which does not meet the servicing requirement set out above. c. Subsection a. above does not apply to prevent the erection of a dwelling on a lot or block within a registered plan of subdivision provided that a subdivision agreement with the Town has been registered on title and further, provided that such subdivision agreement includes appropriate provisions in respect of the servicing of such lot or block. 14.6 SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3) ZONE 14.6.1 URBAN RESIDENTIAL EXCEPTION (R3-1) ZONE Notwithstanding the provisions of Section 14.3, those lands zoned R3-1 on the Schedules to this By-law shall be limited to a maximum of fifteen (15) street townhouse dwelling units. 14.6.2 URBAN RESIDENTIAL EXCEPTION (R3-2) ZONE Notwithstanding the provisions of Section 14.3, those lands zoned R3-2 on the Schedules to this By-law shall be limited to a maximum of eighteen (18) street townhouse dwelling units. 14.6.3 URBAN RESIDENTIAL EXCEPTION (R3-3) ZONE Notwithstanding the provisions of Section 14.4, those lands zoned R3-3 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwelling Units (maximum) 25 link townhouse dwelling units b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard 30 metres 6 metres 3 metres 6 metres 6 metres 14.6.3 14.6.4 URBAN RESIDENTIAL EXCEPTION (R3-3) ZONE (Cont I d) d. Dwelling Unit Area (minimum) 115 square metres e. Lot Coverage (maximum) 45 percent f. Landscaped Open Space (minimum) 25 percent URBAN RESIDENTIAL EXCEPTION (R3-4) ZONE Notwithstanding the provisions of Section 14.4, those lands zoned R3-4 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwelling Units (maximum) 63 link townhouse units b. Lot Frontage (minimum) nil where access provided from a private road c. Yard Requirements (minimum) nil provided the specified building separation standards are complied with d. Building Separation (minimum) i) Separation between buildings or structures 2.5 metres ii) Separation between buildings or structures and any private driveway, road or lane 6.0 metres iii) Separation between buildings or structures and any public road 7.5 metres iv) Separation between buildings or structures and any lot line abutting public lands, buildings or structures 4.0 metres e. Dwelling Unit Area (mi nimum) 33.5 square metres f. Lot Coverage (maximum) 25 percent g. Landscaped Open Space (minimum) 40 percent h. Buil di ng Hei ght (maximum) 10.5 metres i. Parking (minimum) 90 spaces 14.6.5 14.6.6 URBAN RESIDENTIAL EXCEPTION (R3-5) ZONE Notwithstanding the provisions of Section 14.1 and 14.4, those lands zoned R3-5 on the Schedules to this By-law may only be used in accordance with the following zone regulations: i) PERMITTED USES a. a street townhouse dwelling b. a semi-detached dwelling c. a single detached dwelling ii) REGULATIONS FOR RESIDENTIAL USES Single detached and semi-detached dwellings shall be subject to the zone regulations for such dwellings set out by Section 13.4.2 of this By-law for the R2-2 zone. Street Townhouse dwellings shall be subject to the following zone regulations: a. Lot Area (minimum) i ) Interior Lot 167.0 square metres i i) Exterior Lot 278.0 square metres b. Dwelling Unit Area (minimum) 83.0 square metres c. Building Height (maximum) 10.5 metres d. There shall be no more than ten (10) attached street townhouses in one continuous row URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE Notwithstanding the provisions of Section 14.4, those lands zoned R3-6 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwell i ng Units (maximum) 4 1 ink Townhouse Dwell i ng Units b. Lot Area (minimum) 2900 square metres c. Lot Frontage (minimum) 9.0 metres d. Front yard Setback from any Rl Zone (minimum) 15.0 metres 14.6.6 URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE (Cont'd) e. Interior Sideyard (minimum) 12.0 metres f. Rearyard (mi nimum) 15.0 metres g. Dwell i ng Unit Area (mi n imum) 11 0 square metres h. Buil di ng Height (maximum) 10.5 metres (i ) PARKING AREA REGULATIONS a. Minimum Off-street Parking Requirement 2 spaces per dwelling unit b. Parking Area Surface Each parking area and driveway connecting the parking area with a street shall comply with the requirements of Section 3.14, Subsection (b). c. i) Ingress and egress to and from the required parking spaces and areas shall be provided by means of an unobstructed driveway or passageway having a clear width of 6.1 metres and constructed to a standard capable of supporting loads imposed by fire fighting equipment. ii) The minimum distance between a parking area, space or a driveway in an abutting lot shall be 1.5 metres. d. Parking areas shall be permitted only within the required side or front yard. SECTION 15 15. URBAN RESIDENTIAL TYPE FOUR (R4) ZONE 15.1 PERMITTED USES No person shall, within an Urban Residential Type Four (R4) Zone use land or erect, alter, or use any building or structure except as specified hereunder: a. Residential Uses i) an apartment building b. Non-Residential Uses i) prohibited 15.2 REGULATIONS FOR RESIDENTIAL USES a. Density (maximum) b. Lot Frontage (minimum) 80 units per ha 20 metres c. Yard Requirements (minimum) i) Front Ya rd ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard 7.5 metres 7.5 metres 7.5 metres 7.5 metres d. Dwelling Unit Area (minimum) i) Bachelor Dwelling Unit 40 square metres ii) One Bedroom Dwelling Unit 55 square metres iii) Two Bedroom Dwelling Unit 70 square metres iv) Dwelling Unit Containing Three or more bedrooms 80 square metres plus 7 square metres for each bedroom in excess of three e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 40 percent 35 percent 1 2 metres h. Building Height Exemption i) A building in excess of 12 metres may be erected provided that the applicable yard requirements shall be increased directly proportio~lto the increase in building height above 12 metres. 15.2 REGULATIONS FOR RESIDENTIAL USES (Cont'd) i. Yard Requirement Exemption i) Where an apartment building is located within any commercial zone the yard requirements of the commercial zone shall apply provided that where a building in excess of 12 metres is erected, the applicable yard requirements shall be increased in direct proportion to the increase in building height above 12 metres. ii) Where a lot zoned R4 abuts any lot zoned R3 or R4, the minimum interior and rear yard requirements shall be 3.0 metres and 4.5 metres respectively for that yard abutting the lot zoned R3 or R4. 15.3 MUNICIPAL SERVICING REQUIREMENT No buildings or structures may be erected and no use may be established in the Urban Residential Type Four (R4) Zone unless the lot upon whic it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. 15.4 SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE 15.4.1 URBAN RESIDENTIAL EXCEPTION (R4-1) ZONE Notwithstanding Section 15.2, those lands zoned R4-1 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwelling Units (maximum) 56 units b. Parking Spaces (minimum) 0.25 space per dwell ing unit c. Rear Ya rd ( m i n i mum) 4.5 metres d. nwelling Unit Area (minimum) i) One Bedroom Dwelling Unit 40 square metres ii) Two Bedroom Dwelling Unit 55 square metres 15.4.2 URBAN RESIDENTIAL EXCEPTION (R4-2) ZONE Notwithstanding Section 15.2, those lands zoned R4-2 on the Schedules to this By-law shall be subject to the following zone regulations: a. Owelling Units (maximum) b. Lot Frontage (minimum) 43 units 18 metres 15.4.2 15.4.3 15.4.4 URBAN RESIDENTIAL EXCEPTION (R4-2) ZONE (Cont'd) c. Parking (minimum) 0.25 spaces per dwell; ng unit d. Dwelling Unit Area (minimum) i) One Bedroom Dwelling Unit ii) Two Bedroom Dwelling Unit 40 square metres 55 square metres URBAN RESIDENTIAL EXCEPTION (R4-3) ZONE Notwithstanding Sections 15.2 and 15.3, those lands zoned R4-3 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (mi nimum) 24000 square metres b. Dwelling Units (maximum) 40 units c. Yard Requirements (minimum) i) Front Ya rd 15 metres d. Lot Coverage (maximum) 10 percent e. Building Height (maximum) 5 metres f. No building or structure may be erected and no use may be established in the R4-3 Zone unless the lot upon which it is situated is serviced by a municipal water system and a private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment. g. Parking (minimum) 0.25 spaces per dwell i ng unit URBAN RESIDENTIAL EXCEPTION (R4-4) ZONE Notwithstanding Section 15.2, those lands zoned R4-4 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwelling Units (maximum) b. Lot Area (minimum) 117 units 10000 square metres c. Lot Frontage (minimum) d. Yard Requirements (minimum) i) Front Ya rd ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard e. Lot Coverage (maximum) 50 met res 50 met res 6 metres 50 metres 6 metres 20 percent 15.4.4 URBAN RESIDENTIAL EXCEPTION (R4-4) ZONE (Cont'd) f. Landscaped Open Space (minimum) 20 percent g. Buil di ng Hei ght (maximum) 20 metres h. Pl ay Area 1 having a mlnlmum area of 35 metres i . Parking 1.3 spaces per unit j. Dwellings units may be permitted within that portion of the building which is located partially below finished grade provided that at least half of the distance between finished floor and finished ceiling of such units is located above finished grade adjacent to the exterior wall of such unit. 15.4.5 URBAN RESIDENTIAL EXCEPTION (R4-5) ZONE Notwithstanding Section 15.2, those lands zoned R4-5 on the Schedules to this By-law shall be subject to the following zone regulations: a. Dwelling Units (maximum) 70 units b. Lot Frontage (minimum) nil where access provided from a private road c. Yard Requirements (minimum) nil provided the specified building separation standards are complied with d. Building Separation (minimum) i) Separation between buildings or structures 2.5 metres ii) Separation between buildings or structures and any private driveway, road or lane 6.0 metres iii) Separation between buildings or structures and any public road 7.5 metres iv) Separation between buildings or structures and any lot line abutting public lands, buildings or structures 4.0 metres e. Dwelling Unit Area (mi nimum) 33.5 square metres f. Lot Coverage (maximum) 25 percent g. Landscaped Open Space (minimum) 40 percent h. Building Height (maximum) 10.5 metres i . Parking (minimum) 50 spaces SECTION 16 16. GENERAL COMMERCIAL (Cl) ZONE 16.1 PERMITTED USES No person shall within the General Commercial (Cl) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) dwelling units existing at the date of passing of this By-law; and ii) dwelling units as part of a building containing a permitted non-residential use(s). b. Non-Residential Uses i) assembly hall; i i) bakery shop; iii) business, professional or administration office; iv) day nursery; v) dry cleaners distribution centre; vi) eating establishment; vii) eating establishment, take-out; vi i i) taxi stand; ix) laundry - coin-operated; x) library; xi) medical or dental clinic; xii) nursing home; xiii) parking lot; xiv) place of entertainment; xv) place of worship; xvi) printing or publishing establishment; xvii) private club; xviii) retail commercial establishment; xix) school, commercial; xx) service shop, light; xxi) service shop, personal; xxii) shopping centre containing any of the uses listed in this section; xxiii) supermarket; xxiv) tavern; xxv) theatre; and xxvi) veterinary clinic. 16.1 PERMITTED USES (Cont'd) c. HOLDING ZONE - where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H) the use of the lands shall be limited to dwelling units existing at the date of passing of the By-law. The (H) Holding symbol may be removed upon Council being satisfied that the uses to be permitted will be adequatel y serviced by water and sanitary services, has adequate access both pedestrian and vehicular that adequate parking will be provided and that the lands will have adequate surface drainage. 16.2 REGULATIONS FOR RESIDENTIAL USES a. Residential uses existing on the date of passing of this By-law which are not part of a building containing a permitted commercial use as set out in Section 16.1 above, shall be subject to the requirements of the Urban Residential Type One (R1) Zone. b. Residential uses which are part of a building containing a permitted commercial use as set out in Sect ion 16.1 above, shall be subj ect to the regulations for non-residential uses set out below. 16.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard nil nil where building shall have a common wall with a build- ing on an adjacent wall - 1.25 metres otherwise 1.25 metres 5 metres iii) Exterior Side Yard iv) Rear Yard b. Lot Coverage (maximum) c. Landscaped Open Space (minimum) d. Building Height (maximum) 75 percent 10 percent 12 metres 16.4 MUNICIPAL SERVICING REQUIREMENT No buildings or structures may be erected and no use may be established in the General Commercial (Cl) Zone unless the lot upon which it is situated is serviced by Municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. 16.5 SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C-l) ZONE 16.5.1 GENERAL COMMERCIAL EXCEPTION (Cl-l) ZONE Notwithstanding the parking and loading space requirements set out in Section 3 of this By-law, those lands zoned Cl-l on the Schedules to this By-law shall be exempted from parking and loading space requirements. 16.5.2 GENERAL COMMERCIAL EXCEPTION (Cl-2) ZONE Notwithstanding Section 16.4 above, those lands zoned Cl-2 on the Schedules to this By-law, no building or structure may be erected and no use may be established in the Cl-2 zone unless the lot upon which it is situated is serviced by a municipal water system and a private waste disposal system which complies with the regulations of the Ministry of the Environment. 16.5.3 GENERAL COMMERCIAL EXCEPTION (Cl-3) ZONE Notwithstanding Sections 16.2, those lands zoned (Cl-3) on the Schedules to this By-law shall be subject to the following zone regulations: a. Yard Requirements (minimum) i) Front Yard 20 metres ii) Exterior Side Yard 20 metres iii) Interior Side Yard 7.5 metres except that where a side lot line abuts a residential zone the minimum interior side yard shall be 15 metres. i v) Rear Yard that where a rear lot line zone the minimum rear yard 10.5 metres except abuts a residential shall be 15 metres. b. Building Height (maximum) c. Lot Coverage (maximum) 10.5 metres 35 Per Cent d. Landscaped Open Space an area 1.5 metres (minimum) in depth abutting every exterior lot line except where such area is occupied by a driveway or walkway. SECTION 17 17. NEIGHBOURHOOn COMMERCIAL (C2) ZONE 17.1 PERMITTED USES No person shall, within a Neighbourhood Commercial (C2) Zone, use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses Residential uses are prohibited except where a dwelling unit is located within a portion of a non-residential building permitted within the Nei ghbourhood Commerci al (C2) Zone. b. Non-Residential Uses i) a convenience store: ii) a service shop, personal. 17.2 REGULATIONS FOR RESInENTIAL USES a. Dwelling Unit in Portion of Non-Residential Building A maximum of one dwelling unit for each non-residential use shall be permitted in a portion of a non-residential building permitted within the Nei ghbourhood Commerci al (C2) Zone in accordance with the requirements of the said zone and the total floor area requirement set out in the R4 Zone. 17.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) Lot Frontage (minimum) 1000 square metres b. 30 metres c. Yard Requirements (minimum) i) Front Ya rd 10 metres ii) Exterior Side Yard 10 metres iii) Interior Side Yard Minimum interior side yard width shall be 4 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard width shall be 10 metres. iv) Rear Yard 10 metres d. Lot Coverage (maximum) 50 percent 17.3 REGULATIONS FOR NON-RESIDENTIAL USES (Cont1d) e. Landscaped Open Space (minimum) 30 percent . f. Buil di ng He; ght (maximum) 10 metres g. Floor Area (maximum) 500 square metres 17.4 MUNICIPAL SERVICING REQUIREMENT No buildings or structures may be erected and no use may be established in the Neighbourhood Commercial (C2) Zone unless the lot upon which it is situated is serviced by Municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. SECTION 18 18. HAMLET COMMERCIAL (C3) ZONE 18.1 PERMITTED USES No person shall, within a Hamlet Commercial (C3) Zone, use any land or erect, alter or use any building or structure except as specified hereunder. a. Residential Uses i) a dwelling unit located within a portion of a non-residential building permitted within the Hamlet Commercial (C3) Zone; ii) a single detached dwelling that is accessory to a permitted non-residential use. b. Non-Residential Uses i) an antique store; ii) a retail store; iii) a hardware store; iv) a souvenir shop; v) a butcher shop; vi) a bakery; vii) a bank or financial establishment; viii) a business, professional or administrative office; ix) a convenience store; x) a dry cleaners distribution station; xi) an eating establishment; xii) a service shop, light; and, xiii) a service shop, personal. 18.2 REGULATIONS FOR RESlnENTIAL USES a. Dwelling Unit in Portion of Non-Residential Building A maximum of one dwelling unit may be permitted in a portion of a non-residential building permitted within the Hamlet Commercial (C3) Zone in accordance with the zone requirements of the non-residential building or structure and the minimum floor area requirements set out in the R4 Zone. 18.2 REGULATIONS FOR RESIDENTIAL USES (Cont'd) b. Single detached dwellings shall be subject to the regulations set out in the Hamlet Residential (RH) Zone. 18.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) 3000 square metres b. Lot Frontage (minimum) 10 metres c. Yard Requi rements (mi nimum): i) Front Yard 3 metres ii) Exterior Side Yard 3 metres iii) Interior Side Yard Minimum interior side yard width shall be 3 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard width shall be 5 metres. i v) Rear Yard 10 metres d. Lot Coverage of (maximum) e. Landscaped Open Space (minimum) f. Building Height (maximum) 50 percent 10 percent 1 n metres 18.4 SPECIAL EXCEPTIONS - HAMLET COMMERCIAL (C3) ZONE 18.4.1 HAMLET COMMERCIAL EXCEPTION (C3-1) ZONE Notwithstanding Section 18.1, those lands zoned C3-1 on the Schedules to this By-law may only be used for a bulk fuel distribution establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 18.3. lR.4.2 HAMLET COMMERCIAL EXCEPTION (C3-2) ZONE Notwithstanding Section 18.1, those lands zoned C3-2 on the Schedules to this By-law may, in addition to the other uses permitted in the C3 Zone, be used for an auction room. The placement of buildings and structures shall be subject to the zone regulations set out in Schedule lR.3. 18.4.3 HAMLET COMMERCIAL EXCEPTION (C3-3) ZONE Notwithstanding Sections 18.1 and 18.2, those lands zoned C3-3 may only be used in accordance with the following zone regulations: a. Permitted Uses i) a shopping centre, containing one or more of the following uses: i i) a ba n k ~ iii) a barber shop; iv) a beauty parlour; v) a coffee shop; vi) a grocery store ~ vii) a library; viii) a post office~ ix) a professional or business office~ x) a retail store not engaged in manufacturing on the premises unless such manufacturing is incidental to the retail business, does not exceed fifty percent (50%) of the floor area and the products manufactured are primarily for sale at retail on the premises~ xi) a shoe repair shop. b. Zone Requirements No person shall use any of the lands subject to this Special Exception, or erect, alter or use any building or structure except in accordance with the following regulations: i ) i i ) i i i ) i v) v) vi) vi 1) vi i i ) ix) Lot Frontage (minimum) Lot Area (minimum) Front Yard (minimum) Si de Ya rd (mi nimum) Rear Yard (minimum) Floor Area (maximum) Landscaping Area (minimum) Parking Spaces (minimum) 1 space per 16.75 square metres of floor area Loading Spaces (minimum) 2 20 metres 2.8 hectares 50.5 metres 7. n metres 12 metres 1960 square metres 25 percent 18.4.3 18.4.4 18.4.5 18.4.6 18.4.7 HAMLET COMMERCIAL EXCEPTION (C3-3) ZONE (Cont'd) c. Servicing Requirements No person shall erect, alter or use any building for any permitted use on the said lands unless such building is serviced by a municipal water supply and a private sanitary waste disposal system, which complies with the regulations of the Ministry of the Environment. HAMLET COMMERCIAL EXCEPTION (C3-4) ZONE Notwithstanding Section 18.1, those lands zoned C3-4 on the Schedules to this By-law may, in addition to the other uses permitted in the C3 Zone, be used for a farm supply outlet and distribution centre. The placement of buildings and structures shall be subject to the zone regulations set out in Section 18.3. HAMLET COMMERCIAL EXCEPTION (C3-5) ZONE Notwithstanding Section 18.1, those lands zoned C3-5 on the Schedules to this By-law may only be used for a medical or dental clinic. The placement of buildings and structures shall be subject to the zone regulations set out in Schedule 18.3. HAMLET COMMERCIAL EXCEPTION (C3-6) ZONE Notwithstanding Section 18.1, those lands zoned C3-6 on the Schedules to this By-law may, in addition to the other uses permitted in the C3 Zone, be used for a garden and nursery sales and supply establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Schedule 18.3. HAMLET COMMERCIAL EXCEPTION (C3-7) ZONE Notwithstanding Section 18.1, those lands zoned C3-7 on the Schedules to this By-law may only be used for the purposes of a museum. SECTION 19 19. SPECIAL PURPOSE COMMERCIAL (C4) ZONE 19.1 PERMITTED USES No person shall within a Special Purpose Commercial (C4) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) a dwelling unit located within a portion of a non-residential building permitted within the Speci al Purpose Commerci al (C4) Zone; ii) a single detached dwelling that is accessory to a permitted non-residential use. b. Non-Residential Uses i) a retail sales and/or service establishment for: - furniture, - major appliances, - office furniture, motor vehicle equipment and accessories: ii) a building supply outlet; iii) a beer, liquor or wine outlet; iv) a garden or nursery sales and supply establishment; v) a fruit and vegetable outlet; vi) a catalogue sales outlet; vii) a motor vehicle sales establishment: viii) a retail sales and/or service establishment, with outdoor display areas for recreational vehicles, equipment and accessories, motor vehicles, equipment and accessories; ix) an eating establishment; x) an eating establishment, take-out: xi) an eating establishment, drive-in; xi i) a tavern: xiii) places of worship; xiv) a place of entertainment; xv) a hotel, motel or motor hotel; xvi) a private club: xvii) a veterinarian clinic; xviii) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor; and xix) existing motor fuel service stations and motor vehicle fuel bars. 19.2 REGULATIONS FOR RESIOENTIAL USES a. Dwelling Unit in Portion of Non-Residential Building A maximum of one dwelling unit may be permitted in a portion of a non-residential building permitted within the Special Purpose Commercial (C4) Zone in accordance with the zone requirements of the non-residential building or structure and the minimum floor area requirements set out in the R4 Zone. 19.2 REGULATIONS FOR RESIDENTIAL USES (Cont'd) b. Single detached dwellings shall be subject to the regulations set out in the Hamlet Residential (RH) Zone. 19.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) b. Lot Frontage (minimum) c. Lot Coverage (maximum) d. Front Yard (minimum) 3500 square metres 30 metres 40 percent 15 metres e. Interior Side Yard (minimum) 5 metres, provided that where a side lot abuts a resi denti al zone or abuts a lot having a residential use situated thereon, within 15 metres of such common lot line, a minimum side yard of 10 metres shall be requi red. f. Exterior Side Yard (minimum) 10 metres g. Rear Yard (minimum) 5 metres, provided that where a rear lot line abuts a residential zone or a lot having a residential use situated thereon, within 15 metres of such common lot line the minimum rear yard shall be 10 metres. h. Landscaped Area (minimum) Building Height (maximum) 20 pe rcen t i. 10 metres j. Ingress and Egress i) All uses shall be developed with common points of ingress and egress, to be developed in conjunction with adjacent properties and having a minimum separation distance of 75 metres from centre line to centre line, where fronting upon a Type B Arterial Road and 180 metres where fronting upon a Type A Arterial Road. Notwithstanding this provision, subject to the consideration and approval of the Council having jurisdiction, temporary direct access to an arterial road may be permitted until a permanent access via a common point of ingress and egress is available. 19.3 ii) The distance between an intersection of streetlines and the nearest point of ingress and egress for a use, shall be 50 metres, except for temporary points of access as may be approved by Council. 19.4 SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL (C4) ZONE 19.4.1 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-1) ZONE Notwithstanding Section 19.1, those lands zoned C4-1 on the Schedules to this By-law may only be used for the purposes of a veterinary clinic. The placement of buildings and structures shall be subject to the zone regulations set out in Section 19.3. 19.4.2 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-2) ZONE Notwithstanding Section 19.1, those lands zoned C4-2 on the Schedules to this By-law may only be used for a building supply outlet. The placement of buildings and structures shall be subject to the zone regulations set out in Section 19.3. 19.4.3 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-3) ZONE Notwithstanding Section 19.1, those lands zoned C4-3 on the Schedules to this By-law may only be for a motor vehicle towing establishment and for the temporary storage and/or repair of motor vehicles provided that said vehicles are stored within a fenced enclosure and provided that no vehicle is stored for more than thirty (30) days. 19.4.4 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-4) ZONE Notwithstanding Section 19.1, those lands zoned C4-4 on the Schedules to this By-law may only be used for a motor vehicle sales establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 19.3. 19.4.5 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-5) ZONE Notwithstanding Section 19.1, those lands zoned C4-5 on the Schedules to this By-law may only be used as a recreational vehicle sales establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 19.3. 19.4.6 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-6) ZONE Notwithstanding Section 19.1, those lands zoned C4-6 on the Schedules to this By-law may only be used for an eating establishment. The placement of buildings and structures shall be subject to the zone regulations set out in Section 19.3. SECTION 20 20. SPECIAL PURPOSE COMMERCIAL (CS) ZONE 20.1 PERMITTED USES No person shall within a Special Purpose Commercial (C5) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) prohibited b. Non-Residential Uses i) any non-residential use permitted in a Special Pu rpose Commercial (C4) Zone. 20.2 REGULATIONS FOR NON-RESIDENTIAL USES No person shall, within a Special Purpose Commercial (C5) Zone, use any land or erect, alter or use any building or structure except in accordance with the zone regulations for Non-Residential uses as specified by Section 19.3 of this By-law. 20.3 MUNICIPAL SERVICING REQUIREMENT a. No building or structure may be erected and no use may be established in the Special Purpose Commercial (C5) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accomodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this By-law. c. Subsection a. above does not apply to prevent the change in use of a building or structure which was bei ng used for a permitted use on the date of passi ng of this By-law, nor shall it apply to prevent the development or redevelopment of a use where an agreement has been executed in respect of services and further, provided that the lot upon which the use is located will be serviced by a private potable water supply system installed in accordance with the requirements of the Public Health Act and a private sanitary waste disposal system installed in accordance with the requirements of the Ministry of the Environment. 20.4 SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL (C5) ZONE 20.4.1 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-1) ZONE Notwithstanding Section 20.1, those lands zoned C5-1 on the Schedules to this By-law may only be used for a motel or motor hotel. The placement of buildings and structures shall be subject to the regulations set out in Section 20.2. 20.4.2 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-2) ZONE Notwithstanding Section 20.1, those lands zoned C5-2 on the Schedules to this By-law may only be used for the purposes of a marina and a hotel. Placement of buildings and structures shall be subject to the zone regulations set out in Section 20.2. 20.4.3 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-3) ZONE Notwithstanding Sections 3.6 and 20.1, those lands zoned C5-3 on the Schedules to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 7000 square metres 75 metres 20.4.4 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-4) ZONE Notwithstanding Section 20.1, those lands zoned C5-4 on the Schedules to this By-law may only be used as an eating establishment, an eating establishment take-out, a hotel and a motor vehicle fuel bar. The placement of buildings and structures shall be subject to the zone regulations set out in Section 20.2. 20.4.5 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-5) ZONE Notwithstanding Section 20.1, those lands zoned C5-5 on the Schedules to this By-law may not be used for a tavern or a beer, liquor, or wine outlet. 20.4.6 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-6) ZONE Notwithstanding Section 20.1 and 20.2, those lands zoned C5-6 on the Schedules to this By-law shall be subject to the following zone regulations: 20.4.6 20.4.7 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-6) ZONE a. Permitted Uses i) One (1) assembly hall/conference centre contain- ing a maximum of sixteen (16) motel/hotel units and including accessory retail commercial stores commercial offices, offices and eating establishments. ii) Retail Commercial stores including eating establishments. iii) Park (public or private) iv) Parking Areas v) A maximum of thirteen (13) residential dwellings as part of a non-residential building b. Zone Provisions Block Area (minimum) Building Coverage (maximum) Lanscaped Area (minimum) Floor Areas: - Retail Commercial Stores and Offices (Total combined maximum) - Residential dwelling unit (mi nimum) - Hotel/Motel Unit (minimum) Building Height (maximum) Separation between buildings or structures (minimum) Separation between buildings or structures and any private driveway, roadway or lane Separation between buildings or structures and any pub 1 i c road (mi nimum) Separation between buildings or structures and any lot line abutting public lands, buildings or structures 4.0 metres x) Parking (minimum) 46 spaces i ) ii) i i i) iv) 8000 square metres 25 percent 40 pe rcent 1245 square metres v) vi) 33.5 square metres 20 square metres 10.5 metres 2.5 metres vii) 6.0 metres viii) 7.5 metres i x) SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-7) ZONE Notwithstanding Section 3.6 and 20.1 those lands zoned C5-7 on the Schedules to this by-law shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 3500 square metres 30 metres SECT! ON 21 21. SERVICE STATION COMMERCIAL (C6) ZONE 21 .1 PERM ITTED USES No person shall, within a Service Station Commercial (C6) Zone, use any land or erect, alter or use any building or structure except as specified hereunder. a. Residential Uses i) a dwelling unit located within a portion of a non-residential building permitted within the Service Station Commercial (C6) Zone: ii) a single detached dwelling that is accessory to a permitted non-residential use. b. Non-Residential Uses i) Motor Vehicle Fuel Bar: ii) Motor Vehicle Service Station: and iii) the retail sale of confectionary items, sundry foods and promotional items as an accessory use to a permitted use, but excluding facilities for the preparation of foods. 21.2 REGULATIONS FOR RESIDENTIAL USES a. Dwelling Unit in Portion of Non-Residential Building A maximum of one dwelling unit may be permitted in a portion of a non-residential building permitted within the Service Station Commercial (C6) Zone in accordance with the zone requirements of the non-residential building or structure and the minimum floor area requirements set out in the R4 Zone. b. Single detached dwellings shall be subject to the regulations set out in the Residential Hamlet (RH) Zone. 21.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum): i) Lot serviced by municipal water supply system and private sanitary waste disposal system 2000 square metres ii) Lot serviced by a private water supply system and private waste disposal system 3000 square metres 21.3 REGULATIONS FOR NON-RESIDENTIAL USES (Cont'd) b. Lot Frontage (minimum) 35 metres c. Yard Requirements (minimum): i) i i) i i i ) iv) Front Ya rd Exterior Side Yard Interior Side Yard Minimum interior side yard width shall be 5 metres except where the interior side lot line abuts a Residential Zone, or a lot which has a residential use thereon within 15 metres of such common lot line, the minimum interior side yard width shall be 10 metres. Rear Yard mi nimum rear yard shall be 5 metres except where the rear yard abuts a Residential Zone, or a lot which has a residential use thereon within 15 metres of such common lot line, the rear yard shall be 10 metres. 12 metres 12 metres d. Lot Depth Requirement (minimum) Minimum lot depth requirement shall be 30 metres except where the lot is a corner lot, in which case the minimum lot depth requi rement shall be 35 metres. e. Lot Coverage of All Buildings (maximum) 50 percent f. Landscaped Open Space (minimum) 10 percent g. Buil di ng Hei ght (maximum) 10 metres h. Fuel Pump Location Notwithstanding any other provision of this By-law to the contrary, a fuel pump island and/or overhanging weather canopy or shelter, as part of or as accessory to a motor vehicle gasoline bar or motor vehicle service station, may be located within any yard provided: i) that the minimum distance between any portion of the pump island, or weather canopy or shelter, and any street line or any rear or interior side lot line, is not less than 5 metres; and ii) that where a lot is a corner lot, no portion of any pump island, or weather canopy or shelter, shall be located closer than 3 metres to a straight line between a point in the front lot line and a point in the exterior side lot line, such point being distant 15 metres from the intersection of such lines, or 4.5 metres to the street line where such street line forms a diagonal between the front lot line and the exterior side lot line. 21.3 REGULATIONS FOR NON-RESIDENTIAL USES (Cont'd) i. Bulk Fuel Storage Tank Location Bulk fuel storage tanks shall be installed in accordance with the provisions of the Provincial Gasoline Handling Act. Bulk fuel storage tanks located above ground shall be located in accordance with the applicable yard requirements specified by Section 20.2 hereof. j. Entrance Regulations Notwithstanding any other provision set forth in this By-law to the contrary, the following provisions shall apply to ingress and egress driveways established in conjunction with a motor vehicle fuel bar or motor vehicle service station where fuel is offered or kept for sale at retail, namely: i) the maximum width of a driveway measured along the street line shall be 10 metres; ii) the minimum distance between driveways, measured along the street line intersected by such driveway, shall be 10 metres; iii) the minimum distance between a driveway and an intersection of street lines, measured along the street line intersected by such driveway, shall be 10 metres; iv) the minimum distance between an interior side lot line and any driveway shall be 3 metres; and, v) the interior angle formed between the street line and the centreline of any driveway shall not be less than 45 degrees. 21.4 SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C6) ZONE 21.4.1 SERVICE STATION COMMERCIAL EXCEPTION (C6-l) ZONE Notwithstanding Section 21.1, those lands zoned C6-1 on the Schedules to this By-law may, in addition to the other uses permitted in the C6 zone, be used for a service shop for furniture reupholstering and repair, an eating establishment, and a retail store. 21 .4.2 21 .4.3 21.4.4 21 .4.5 SERVICE STATION COMMERCIAL EXCEPTION (C6-2) ZONE Notwithstanding Section 21.1, those lands zoned C6-2 on the Schedules to this By-law may, in addition to the other uses permitted in the C6 zone, be used for an eat i ng estab 1 i shment and a retail store. SERVICE STATION COMMERCIAL EXCEPTION (C6-3) ZONE Notwithstanding Section 21.1, those lands zoned C6-3 on the Schedules to this By-law may, in addition to the other uses permitted in the C6 zone, be used for a motor vehicle body shop. SERVICE STATION COMMERCIAL EXCEPTION (C6-4) ZONE Notwithstanding Section 21.1, those lands zoned C6-4 on the Schedules to this By-law may, in addition to the other uses permitted in the C6 zone, be used for an eating establishment accessory to a permitted use. SERVICE STATION COMMERCIAL EXCEPTION (C6-5) ZONE Notwithstanding Section 21.2, those lands zoned Cn-5 on the Schedules to this By-law shall be serviced by a municipal water supply system and a private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment. SECTION 22 22. SERVICE STATION COMMERCIAL (C7) ZONE 22.1 PERMITTED USES No person shall, within a Service Station Commercial (C7) Zone, use any land or erect, alter or use any building or structure except as specified hereunder. a. Residential Uses i) prohi bited b. Non-Residential Uses i) any non-residential use permitted in a Service Station Commercial (C6) Zone. 22.2 REGULATIONS FOR NON-RESIDENTIAL USES No person shall, within a Service Station Commercial (C7) Zone, use any land or erect, alter or use any building or structure except in accordance with the Zone Regulations for non-residential uses as specified by Section 21.2 of this By-law. 22.3 MUNICIPAL SERVICING REQUIREMENT a. No building or structure may be erected and no use may be established in the Service Station Commercial (C7) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. b. Subsection a. above does not apply to prevent the erection of a building or structure accessory to any use permitted in this zone which existed legally on the date of passing of this By-law. c. Subsection a. above does not apply to prevent the change in use of a building or structure which was being used for a permitted use on the date of passing of this By-law. 22.4 SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7) ZONE 22.4.1 SERVICE STATION COMMERCIAL EXCEPTION (C7-1) ZONE Notwithstanding Section 22.1, those lands zoned C7-1 on the Schedules to this By-law may, in addition to the other uses permitted in the C7 zone, be used for an eating establishment accessory to a permitted use. 22.4.2 SERVICE STATION COMMERCIAL EXCEPTION (C7-2) ZONE Notwithstanding Section 22.1, those lands zoned C7-2 on the Schedules to this By-law may, in addition to the other uses permitted in the C7 zone, be used for an eating establishment, a retail store and a motel. SECTION 23 23. LIGHT INDUSTRIAL (Ml) ZONE 23.1 PERMITTED USES No person shall within a light Industrial (Ml) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses Prohi bited b. Non-Residential Uses i i i ) iv) v) vi) vii) viii) xi) xi i ) xiii) xiv) xvi) xvi i) bank or financial office; building supply and/or home improvement outlet within a wholly enclosed building or structure; business or professional office provided such use is accessory and incidental to a permitted use otherwise specified herein; an eating establishment; an eating establishment take-out; equipment sales and rental, light; a commercial or technical school; a dry light industry within a wholly enclosed building or structure; a work shop within a wholly enclosed building or structure; x) an assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; a printing or publishing establishment; a warehouse for the storage of goods and materials within a wholly enclosed building or structure; a factory outlet; a retail sales and/or service establishment for motor vehicle equipment and accessories within a wholly enclosed building or structure; adult entertainment parlour within an eating establishment or tavern; tavern; and a private club. i) i i ) ix) xv) 23.2 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) i) Lot serviced by full munici pal services 2000 square metres ii) Lot serviced by a municipal water system or private well and a private sanitary waste disposal system 4000 square metres 23.2 REGULATIONS FOR NON-RESIDENTIAL USES (Cont'd) b. Lot Frontage (minimum) c. Yard Requirements (minimum): i) Front Ya rd ii) Exterior Side Yard iii) Interior Side Yard iv) Rear Yard 30 metres 7.5 metres 7.5 metres 3 metres 10 metres d. Speci al Yard Provi si ons Notwithstanding the foregoing yard requirements where the rear or the interior lot line abuts a residential zone, the minimum rear yard or interior yard requirement shall be increased 20 metres. e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 60 percent 10 percent 12 metres h. Performance Standards No use shall be permitted in the Ml Zone which produces noise, glare and/or heat, electromagnetic emmissions or vibrations which can be detected beyond the limits of the lot upon which such use is located. i. Outside Storage Save and except parki ng, all permitted uses and other operations incidental thereto including storage, shall be carried on within the confines of a building. Storage areas for garbage or waste materials external to the main building, may be permitted provided such storage area is enclosed by walls or screen fencing, and is not visible from any residential property or pub 1 ic street. j. Planting Strip Requirement Where the interior side or rear lot line abuts a residential zone, a planting strip shall be provided along such lot line in accordance with the requirements of Section 3.15 of this By-law. 23.3 SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (Ml-l) ZONE 23.3.1 LIGHT INDUSTRIAL EXCEPTION (Ml-l) ZONE Notwithstanding Section 23.1, those lands zoned Ml-l on the Schedules to this By-law shall only be used for an agricultural produce warehouse. 23.3.2 LIGHT INDUSTRIAL EXCEPTION (Ml-2) ZONE Notwithstanding Section 23.1 and 23.2, those lands zoned Ml-2 on the Schedules to this By-law shall only be used by a Dry Light industry and warehouse in accordance with the following proviSions: a. Lot Area (minimum) 1200 square metres b. Lot Frontage (minimum) 30 metres c. Yard Requirements (minimum) i) Front ya rd 3.0 metres ii~ Exterior Side yard o metres iii Interior Side yard 3.0 metres i v) Rear yard 6.0 metres d. Floor Area (minimum) 200 square metres e. Lot Coverage (maximum) 50 percent 23.3.3 LIGHT INDUSTRIAL EXCEPTION (Ml-3) ZONE Notwithstanding Section 23.1, those lands zoned Ml-3 on the Schedul es to thi s By-l aw may only be used for the following uses: i) bank or financial office; ii) building supply and/or home improvement outlet within a wholly enclosed building or structure; iii) business or professional office provided such use is accessory and incidental to a permitted use otherwise specified herein; iv) an eating establishment; v) an eating establishment take-out; vi) equipment sales and rental, light; vi i) a commerci al or technical school; viii) a dry light industry within a wholly enclosed building or structure; ix) a work shop within a wholly enclosed building or structure; x) an assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; 23.3.3 LIGHT INDUSTRIAL EXCEPTION (Ml-3) ZONE (Cont'd) xi) a printing or publishing establishment; xii) a warehouse for the storage of goods and materials within a wholly enclosed building or structure; xiii) a factory outlet; xiv) a retail sales and/or service establishment for motor vehicle equipment and accessories within a wholly enclosed building or structure; xv) adult entertainment parlour within an eating establishment or tavern; xvi) tavern; and xvii) a private club. SECTION 24 24. GENERAL INDUSTRIAL (M2) ZONE 24.1 PERMITTED USES No person shall within the General Industrial (M2) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses Prohi bited b. Non-Residential Uses i) all those uses permitted in the Ml Zone; ii) equipment sales and rental, heavy; iii) a feed mill or seed cleaning plant; iv) a cartage or transport depot and yard; v) a farm implement and equipment sales and service establishment; vi) bulk storage tanks and related uses; vii) motor vehicle body shop; viii) motor vehicle repair garage; ix) contractor's or tradesman's workshop and yard; x) outside storage of goods and materials where such use is accessory and incidental to a permitted use; xi) a storage area for boats and trailers; and xii) a precast concrete products or prefabricated wood products manufacturing and fabricating plant. 24.2 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) i) lots serviced by full municipal services 3000 square metres ii) Lots serviced by a municipal water system or private well and a private sanitary waste disposal system 4000 square metres b. Lot Frontage (minimum) 30 metres c. Yard Requi rements (minimum) i) i i ) i ~ i) lV) Front Ya rd Exterior Side Yard Interior Side Yard Rear Yard 7.5 metres 7.5 metres 5 metres 7.5 metres 24.2 d. Special Yard Provisions Notwithstanding the yard requirements set forth under Section 24.2.c. hereof to the contrary, where the interior side lot line of a lot within the General Industrial (M2) Zone abuts a Residential Zone the minimum interior side yard requirement shall be 20 metres. e. Lot Coverage (maximum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 60 percent 10 percent 12 metres h. Planting Strip Requirements Where the interior side or rear lot line abuts a Residential, Community Facility or Private Open Space Zone, an area adjoining such abutting lot line shall be used for no other purpose than for a pl ant i ng stri p in accordance with the provisions of Section 3.15 of this By-law. 24.3 REGULATIONS FOR OUTSIDE STORAGE Within the General Industrial (M2) Zone, no portion of any lot shall be used for the outside storage of goods or materials except in accordance with the following provisions: a. such outside storage shall be located in a rear or interior sideyard and shall not be located closer to a public street than any principle structure located on the same lot, and further provided that such outside storage is not located closer than 1.20 metres to a rear or interior side lot line where the lot line abuts a lot zoned for industrial purposes, or 5 metres of a rear lot line or interior side lot line abutting a lot zoned other than industriql, or 5 metres of any publ ic street. b. that such outside storage does not cover in excess of 70 percent of the total lot area. c. that any portion of a lot used for the outside storage or display of goods or materials is screened from adjacent residential uses and public streets adjoining the lot by buildings, or, is enclosed by plantings in conjunction with a planting strip as may be required under this By-law, or, is enclosed within a wooden or metal or masonery fence extending at least 1.8 metres in height from the finished grade. 24.4 SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE 24.4.1 GENERAL INDUSTRIAL EXCEPTION (M2-1) ZONE Notwithstanding Section 24.1, those lands zoned M2-1 on the Schedules to this By-law may only be used for a manufacturing, processing, assembly or fabrication plant. 24.4.2 GENERAL INDUSTRIAL EXCEPTION (M2-2) ZONE Notwithstanding Sections 24.l and 24.2, those lands zoned M2-2 on the Schedules to this By-law shall only be used for a boat repair shop or boat storage area in accordance with the following provisions: a. For the purpose of this special exception: i) Boat Repair Shop shall mean a building or structure wherein pleasure boats, yachts and appurtenant equipment are repaired, maintained or constructed. ii) Boat Storage Area shall mean an enclosed area which may contain buildings or structures and which is used for the outside storage, maintenance and/or repair of pleasure boats, yachts and appurtenant equipment. b. Lot Area (minimum) 1 hectare c. Lot Frontage (minimum) 75 metres d. Front Ya rd (minimum) 30 metres e. Side Yard ( m i n i mum) 14 metres f. Rear Yard (minimum) 8 metres g. Building Height (maximum) 1 O. 5 met res h. Lot Coverage (maximum) i ) Boat Repair Shop 30 percent ii) Boat Storage Area 35 percent i. Landscaped Area (minimum) 30 percent j . Parking Spaces (minimum) 1 space for each 75 square metres of total floor area k. No open storage shall be permitted withi n 1.2 metres of any property boundary. 24.4 SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE (Cont'd) 24.4.3 GENERAL INDUSTRIAL EXCEPTION (M2-3) ZONE Notwithstanding Section 24.1, those lands zoned M2-3 on the Schedules to this By-law shall only be used for the manufacturing and sale of concrete blocks and related products. 24.4.4 GENERAL INDUSTRIAL EXCEPTION (M2-4) ZONE Notwithstanding Section 24.1, those lands zoned M2-4 on the Schedules to this By-law shall only be used for a salvage yard. 24.4.5 GENERAL INDUSTRIAL EXCEPTION (M2-5) ZONE Notwithstanding Section 24.1, those lands zoned M2-5 on the Schedules to this By-law shall only be used for a motor vehicle wrecking yard. 24.4.6 GENERAL INDUSTRIAL EXCEPTION (M2-6) ZONE Notwithstanding Section 24.1 and Section 24.2, those lands zoned M2-6 on the Schedules to this By-law may b be used for a bulk fuel storage tank and uses accessory to it in accordance with the following provisions: a. Lot Area (m i n i m um ) 1500 squa re metres b. Lot Frontage (minimum) 1 5 metres c. Front Yard (minimum) 7.5 metres d. Si de Ya rd (minimum) i) adjacent to a residential zone 7.5 metres ii) adjacent to an industrial zone 5 metres e. Rear Yard (minimum) 7.5 metres f. Parking One (1) space for each 70 square metres of total fl oor area. 24.4 SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE (Cont'd) 24.4.7 GENERAL INDUSTRIAL EXCEPTION (M2-7) ZONE Notwithstanding Section 24.1 and Section 24.2, those lands zoned M2-7 on the Schedules to this By-law may be used for a foundry in accordance with the following provisions: a. Lot Area (minimum) 5nnn square metres b. Lot Frontage (minimum) 15 metres c. Side Yard (minimum) i) adjacent to a residential zone 7.5 metres ii) adjacent to an industrial zone 5 metres d. Rear Yard (minimum) 7.5 metres e. Parking One (1) space for each 70 square metres of total floor area 24.4.8 GENERAL INDUSTRIAL EXCEPTION (M2-8) ZONE Notwithstanding Section 24.1 and Section 24.2, those lands zoned M2-8 on the Schedules to this By-law may be used for a dry light industrial use housed within an existing industrial building in accordance with the following provisions: a. Lot Area (minimum) b. Lot Frontage (minimum) 1 hectare 1 5 metres c. Front Yard (minimum) 7.5 metres d. Side Yard (minimum) i) adjacent to a residential zone 7.5 metres ii) adjacent to an industrial zone 5 metres e. Rear Yard (minimum) 7.5 metres f. Parking One (1) space for each 70 square metres of total floor area. SECTION 25 25. EXTRACTIVE INOUSTRIAL (M3) ZONE 25.1 PERMITTED USES No person shall within an Extractive Industrial (M3) Zone use any land or erect, alter or use any building or structure except as specified hereunder: a. Residential Uses i) prohibited b. Non-Residential Uses i) farm; ii) a processing plant - aggregate; iii) aggregate stockpiling; iv) conservation and forestry; v) outside storage of aggregate materials; vi) a pit, sand and gravel; and vii) a quarry. 25.2 REGULATORY PROVISIONS a. Yard Requirements (minimum): i ) Front Yard 30 metres i i ) Exterior Side Yard 30 metres i i i ) Interior Side Yard 15 metres iv) Rear Ya rd 15 metres b. Speci al Yard Provisions i) Notwithstanding the minimum yard requirements set out in Section 25.2a., within the Extractive Industri al (M3) Zone no buil di ng or portable screening or crushing plant, or product stockpile associated therewith shall be located within 90 metres of any abutting property zoned Residential or of a dwelling on adjacent lands held under distinct and separate ownership. ii) Notwithstanding the minimum yard requirements set out in Section 25.2a., within the Extractive Industrial (M3) Zone, no pit or quarry shall be located within 30 metres of abutting property zoned residential or under distinct and separate ownership. 25.2 b. iii) Where an interior side yard or rear yard of a property in an Extractive Industrial (M3) Zone abuts an interior side yard or rear yard of lands held under distinct and separate ownership which are also zoned within the Extractive Industrial (M3) Zone, no interior side or rear yard shall be required where the interior side or rear lot lines or portions thereof abut one another. iv) Where a rear yard abuts an improved public street, such yard shall be considered an exterior side yard for the purposes of the (M3) Zone. 25.3 PLANTING STRIP AND FENCING REQUIREMENTS, etc. Planting strips, berms and fences shall be provided in accordance with the provisions of the Pits and Quarries Control Act, as amended. 25.4 SPECIAL EXCEPTIONS - EXTRACTIVE INDUSTRIAL (M3) ZONE 25.4.1 EXTRACTIVE INDUSTRIAL EXCEPTION (M3-1) ZONE Notwithstanding Section 25.1, those lands zoned M3-1 on the Schedules to this By-law may, in addition to the other uses permitted, be used for a cement manufacturing plant. 26.1 SYMBOLS 26.2 DEFINEn SECTION 26 I N T E R PRE TAT ION The symbols used on the schedules attached hereto refer to the appropriate zones and special zone exceptions established by this By-law. The extent and boundaries of all zones are shown on the schedule attached hereto, and all such zones are hereby defined as areas to which the provisions of this By-law shall respectively apply. 26.3 INTERPRETATION OF ZONE BOUNDARIES Where the boundaries of any zone, as shown on the attached schedules are uncertain, the following provisions shall a pp 1 Y : a. Where a zone boundary is indicated as following a street, the boundary shall be the lot line abutting such street or lane. b. Where a zone boundary is indicated as approximately following lot lines shown on a registered plan of subdivision or lots registered in the appropriate Registry Office or Land Titles Office, the boundary shall follow such lot lines. c. Where a street, lane, railroad or railway right-of-way or watercourse is included on the zoning map, they shall, unless otherwise indicated, be included in the zone of the adjoining property on either side thereof. d. Where a railroad or railway right-of-way, electrical transmission line right-of-way, or watercourse is included on the zoning maps and serves as a boundary between two or more different zones, a line midway on such right-of-way or watercourse and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise. e. Where a zone boundary is indicated as following the limits of the Town, the limits shall be the boundary. f. Where none of the above provisions apply, the said zone boundary shall be scaled from the attached schedules at the scale indicated. 26.4 CERTAIN WORDS In this By-law words used in the present tense include future; words in the singular number include the plural: words in the pl ural incl ude the si ngul ar number: and the word "used" includes "arranged, designed, or intended to be used"; the word "shall" is mandatory and not directory. 26.5 MEASUREMENT The Metric System of measurement shall be the only standard to be applied in this By-law. 26.6 COMPLIANCE WITH OTHER LAWS This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a Federal, Provincial or Regional Government Authority having jurisdiction to improse such restrictions. SECTION 27 ADM I N 1ST RAT ION AND V A lID I T Y 27.1 ENFORCEMENT No permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Town shall be issued or given where the proposed building, structure or use is in violation of any provisions of this By-l aWe 27.2 INSPECTION OF PREMISES A By-law Enforcement Officer as is assigned the responsibility of administering and enforcing this By-law by the Town may, for the purpose of carrying out his duties under this By-law, at all reasonable times and upon producing proper identification, enter and inspect, either by himself or accompanied by one assistant, any property or premises in or about which there is a reason to believe that the provisions of this By-law are not complied with. 27.3 CONTINUATION OF EXISTING REGULATIONS All by-laws in force within the Town prohibiting or regulating the use of land or buildings or structures are hereby amended insofar as it is necessary to give effect to the provisions of this By-law and the provisions of this By-law shall govern, provided however, where this By-law does not apply, existing Town by-laws shall remain in full force and effect. 27.4 VIOLATION PENALTY Every person or persons who contravenes any of the provisions of this by-law is guilty of an offence, and on conviction is liable; a) on a first conviction to a fine of not more than $20,000. and; b) on a subsequent conviction to a fine of not more than $10,000. for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. Where a corporation is convicted of the contravention of any of the provisions of this by-law, the maximum penalty that may be imposed is; e e e 27.4 VIOLATION PENALTY (Cont'd) a) on a first conviction a fine of not more than $50,000. and; b) on a subsequent conviction a fine of not more than $25,000. for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. Each day that the person, persons or corporation contravenes any provisions of this by-law, shall constitute a separate offence. Where a conviction is entered in respect of any contravention of this by-law, in addition to any other remedy or any penalty provided by this by-law, the court in which the conviction has been entered, and any court incompetent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person or corporation so convicted. 27.5 REPEAL OF EXISTING ZONING BY-LAWS .. Restricted Area By-law 2111 of the former Township of Darlington and all amendments thereto, Restricted Area By-law 1587 of the former Town of Bowmanville and all amendments thereto, Restricted Area By-law 1592 of the former Township of Clarke and all amendments thereto and Restricted Area By-law 79-44 of the Town of Newcastle and all amendments thereto, are hereby repealed. 27.6 VALIDITY Should any section, clause or prOV1Slon of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid. This By-law shall come into effect on the day of passing hereof, subject to the proviSions of Section 34 of the P1 anni ng Act. BY-LAW READ a first time this 14th day of May 1984 BY-LAW READ a second time this 10th day of September, 1984 BY-LAW READ a third time and finally passed this 10th day of September, 1984 c~//~ k~.~ / I ( I NEWTONVILLE n SCHEDULE '17' ~ I t I I Nt ;;1 ~I it >= II it I 1 TOWNSHIP Of CAVAN . & III > Z C :II KENDAL 0 SCHEDULE '16' TOWNSHIP Of CLARKE SCHEDULE '2' ... ~.. o \.~ 'i.+. KIRBY ~ y,~ SCHEDULE '15' ~~\ HWY: NIl 55 all. 0 ~--- '-- - " !: ~ . ORONO ~ LESKARD ~ H'i;IQ,ULE HWY.:..!!I....!!... LU~ ~ SCHEDULE '14'1 ~ II ~I i!1. . o . ::J U . ( TYRONE I oEDULE '10' ! I HAYDON SCHEDULE 'I I' D RE" !tD. NIl n ------- ao MIlIlT '~-D----- ~~~+16~ON ~~~~J<Jt~E~, lL SCHEDULE '12' z . z . o ... ... o AMPTON SCHEDULE '7' / / I I I BOWMANVILLE SCHEDULE '3' MAPLE GROVE SCH. 'I DARLINGTON SCHEDULE '1' .". ~ iJ ~ SOLlNA D ~I SCHEDULE~' ! i!1 MITCHELLSD CORNERS SCHEDULE '6' I f COURTICE SCHEDULE '4' CITY Of OSHAWA ~ 1 I , / 0/ .., :/ ~I i I J / . '~l:.'1 , .,.~~~,.~_-; HOPE NEWCASTLE VILLAGE SCHEDULE '5' o i: c ... z o III K C -' TOWN OF NEWCASTL~ I NDEX MAP J -~