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HomeMy WebLinkAbout79-24 ( . . " . .... ,~ THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 79- 24 A By-law to Regulate the use of lands and the character, location and use of buildings and structures in certain areas of the former Village of Newcastle. WHEREAS Section 35 of the Planning Act, R.S.O., 1970, provides that the Council of a municipality may pass by-laws to regulate the use of lands and the character, location and use of buildings and structures and to prohibit certain uses of land and the erection and use of certain buildings and structures in certain areas; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: INTRODUCTION 1 . SECTION 1 (1) SCOPE OF BY-LAW (a) LANDS SUBJECT TO BY-LAW: The provisions of this By-law shall apply to the lands within the cn.rpo<ra,te Hrni t$ Of the 'fown of Newcas\Ue des i gna ted on Schedu 1 e II A II . (b) CONFORMITY WITH BY-LAW: No building or structure shall hereafter be erected or altered nor shall the use of any building, structure or lot hereafter be changed, in whole or in part, except in conformity with the provisions of this By-law. (c) EXISTING USES CONTINUED: Nothing in this By-law shall 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. ~ - 2 - .... . (d) BUILDING PERMIT ISSUED: Nothing in this By-law shall prevent the erection or use of any building or structure for a purpose prohibited by this By-law if the plans for such building or structure were approved by the Building Inspector prior to the date of passing of this By-law, provided: (i) when the building or structure is erected, it shall be used and shall continue to be used for the purpose for which the building permit was issued; and (ii) the erection of such building or structure is commenced within 2 years of the date of passing of this By-law and provided the erection of such building or structure is completed within a reasonable time after the erection thereof is commenced. (e) COMPLIANCE WITH OTHER RESTRICTIONS: This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. . 2. INTERPRETATION OF BY-LAW (a) SINGULAR AND PLURAL WORDS: In this By-law, unless the context requires otherwise: (i) words used in the singular number include the plural; and (ii) words used in the plural include the singular number. (b) SHALL IS MANDATORY: In this By-law, the word "shall" is mandatory. . . . e .. - 3 - (c) USED AND OCCUPIED: In this By-law, unless the context requires otherwise: (i) the word "used" shall include "designed to be used" and "arranged to be used"; and (ii) the word "occupiedll shall include IIdesigned to be occupiedll and lIarranged to be occupiedll. (d) BUILDING, STRUCTURE AND USE CLASSIFICATION: In this By-law, all buildings, structures and uses named as per- mitted uses and classified under the headings IIRESIDENTIAL USESII or IINON-RESIDENTIAL USES" may be referred to as Residential or Non-Residential buildings, structures or uses respectively. 3. SCHEDULES TO BY-LAW The attached Schedule IIA" is included in and forms part of this By-law. .. - 4 - ... . SECTION 2 DEFINITIONS . (1) "ALTER", when used in reference to a building, structure or part thereof, means: (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 of dwelling units contained therein. II ALTER II, \o,Jhen used in reference to a lot means: (e) to change the boundary of such lot with respect to a street or lane; or (f) to change any dimension or area, relating to such lot, which . is covered herein by a zone provision; or (g) to change the of such lot; or use (h) to change the number of uses located thereon. IIAL TERED" and "AL TERATIONII shall have correspondi ng meani ngs. (2) IIBUILDINGII means any structure, consisting of walls and a roof, which is used for shelter, accommodation or enclosure of persons, animals, equipment, goods or materials. (a) IIACCESSORY BUILDING" means a detached building which is incidental, subordinate and exclusively devoted to a main building or main use and located on the same lot therewith. (b) "MAIN BUILDING" means the building which contains the (3 ) principal use of the lot on which such building is located. "BUILDING AREA" means that portion of the lot area of a lot per- mitted to be covered by one or more building envelopes. . " - 5 - - (4) IIBUILDING BY-LAW means any by-law of the Corporation passed pursuant to The Planning Act or The Building Code Act, 1974. (5) IIBUILDING ENVELOPEII means the total area of a building cal- culated by perpendicular projection onto a horizontal plane. This definition shall not include: (a) sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or similar ornamental structures unless such structure projects more than 2 feet horizontally from an exterior wall of the building; or (b) unenclosed porches, balconies or steps unless such structure projects more than 5 feet horizontally from an exterior wall of the building. (6) IIBUILDING HEIGHTII means the vertical distance between the finished grade of the lot on which the building is situated and: (a) the highest point of the roof surface of a flat roof; (b) the deck line of a mansard roof; or (c) the median level between eaves and ridge of a cottage, gable, gambrel or hip roof. (7) IIBUILDING INSPECTORII means the officer or employee of the Cor- poration charged with the duty of enforcing the provisions of The Building Code Act, 1974 together with any Regulations made thereunder and the provisions of the Building By-law. (8) IIBUILDING PERMITII means a permit required by the Building By-law. (9) IIBUILDING SETBACKII means the least horizontal distance permitted between a lot line of a lot and the nearest portion of any building envelope or excavation on such lot. (a) "BUILDING SETBACK, FRONTII means the building setback on a lot measured from each front lot line of such lot. - . .. - 6 - . (b) IIBUILDING SETBACK, FLANK" means the building setback on a lot measured from each flank lot line of such lot. (c) "BUILDING SETBACK, REAR" means the building setback on a lot measured from each rear lot line of such lot. (d) IIBUILDING SETBACK, SIDE" means the buil ding setback on a lot measured from each side lot line of such lot. (10). "DAY NURSERYII means part of a detached single-family dwelling house where facilities are provided for the day-time care of not more than 10 children. (11) IIDETACHEDII, when used in reference to a building, means a building which is not dependent on any other building for structural support or enclosure. (12) IIDWELLING HOUSEII means a detached building occupied or capable of being occupied as the home or residence of one or more persons. This definition shall not include any vehicle as defined herein. (a) IISINGLE-FAMILY DWELLING HOUSE" means a dwell ing house containing only one dwelling unit and occupied by not more than one family. (13) "DWELLING UNITII means a suite of 2 or more habitable rooms, occupied by not more than one family, in which sanitary con- veniences are provided and in which facilities are provided for cooking or for the installation of cooking equipment, and with an independent entrance either directly from outside the building or through a common corridor or vestibule inside the building. This definition shall not include any vehicle as defined herein. (14) IIERECTII means to build, construct, place, reconstruct or relocate and without limiting the generality of the word, also includes: (a) any preliminary operation such as excavating, filling or draining; . . " - 7 - ~. . (b) altering any existing building or structure by an addition, enlargement, extension or other structural change; and (c) any work which requires a building permit. "ERECTED" and "ERECTION" shall have corresponding meanings. (15) "EXISTING" means existing on the date of passing of this By-law. (16) "FAMILYu means one or more human being related by blood, marriage or legal adoption, or a group of not more than 3 human beings who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit. This definition may also include domestic servants and not more than 2 roomers or boarders. (17) "FINISHED GRADE" means the median elevation between the highest and lowest points of the finished surface of the ground (mea~Mred at the base of a building or structure) but exclusive of any embankment in lieu of steps. (18) "FLOOD PLAIN" means the area below the high water mark of a water- body, as defined by the applicable Flood Plain mapping prepared by the Conservation Authority having jurisdiction. (19) "FLOOR AREA" means the horizontal area of a storey, measured between the exterior faces of the exterior walls at the floor level of such storey. (a) "DWELLING UNIT AREA" means the aggregate of the floor areas of all habitable rooms in a dwelling unit, excluding the thickness of any exterior walls. (20) "GARAGE, PRIVATE" means an accessory building or portion of a dwelling house which is fully enclosed and used for the sheltering of permitted vehicles. This definition shall not include a carport or other open shelter. . - ~ - 8 - . (21) "HABITABLE ROOW means a room designed to provide living, dining, sleeping or kitchen accommodation for persons. This definition may include a bathroom, den, library or enclosed sun room but shall not include any private garage, carport, porch, verandah, unfinished attic, unfinished basement or unfinished cellar. (22) "HOME OCCUPATION" means any occupation conducted for gain or profit within a dwelling unit. This definition may include dress- making; hairdressing; instruction in arts, crafts, dancing or music to not more than 6 pupils at anyone lesson; molding; painting; sculpting; weaving; or the making or repairing of garden or household ornaments, clothing, personal effects or toys. (23) llHOME PROFESSIONll means any profession practised within a dwelling unit. This definition may include the offices of an accountant, architect, auditor, dentist, drugless practitioner, engineer, insurance agent, land surveyor, lawyer, medical practitioner, notary, realtor or town planner. (24) "LOT" means a parcel of land which is capable of being legally conveyed in accordance with the provisions of Section 29 of The Planning Act (R.S.O. 1970). (a) "CORNER LOri means a lot having 4 or less lot lines and situated at the intersection of 2 street lines which contain an angle of not more than 135 degrees. Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line near- est to the point of intersection of the said tangents. . . - 9 - ,.: . (b) "EXISTING LOT" means a lot which, on the date of passing of this By-law, was held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry Office or Land Titles Office. (c) "FULLY SERVICED LOT" means a lot which is served by a public water system and a sanitary sewer system. (d) "INTERIOR LOT" means any lot which has street access, other than a corner lot or a through lot. (e) "THROUGH LOT" means any lot having 2 or more lot lines abutting a street, other than a corner lot. (25) "LOT AREA" means the total horizontal area within the lot lines of a lot, excluding the horizontal area of any flood pain or marsh located on such lot. (26) "LOT FRONTAGE" means the horizontal distance between the 2 lot lines which intersect the front lot line of a lot, such distance being measured along a line which is parallel to the front lot line and distant from the front lot line a distance equal to the minimum front building setback required herein for the specified use in the zone where such lot is located. (27) "LOT LINE" means any boundary of a lot or the vertical projection thereof: (a) "FRONT LOT LINE" means, in the case of an interior lot, the lot line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line except that where the lot lines abutting a street are the same length, the lot line used for the principal entrance to the lot shall be deemed to be the front lot line. In the case of a through lot, the lot line used for the principal entrance to the lot shall be deemed to be the front lot line. - . ~ . ~ .. (28) . (29) (30) (31) (32) . - 10 - (b) IIFLANK LOT LINEII means any lot line which abuts a street, other than a front lot line. (c) IIREAR LOT LINEII means any lot line which is not a front lot line, a flank lot line or a side lot line. (d) IISIDE LOT LINEII means a lot line which intersects a front lot line or a flank lot line provided that, if any side lot line or portion thereof is the rear lot line on an abutting lot, such lot line or portion thereof shall be deemed to be a rear lot line. IINON-CONFORMING", when used in reference to a lot, building or structure, means a lot, building or structure which does not conform to one or more of the zone provisions of the zone in which such lot, building or structure is located. "PARKII means an area, consisting largely of open space, which may include a recreational area, playground, playfield or similar use, but shall not include a mobile home park or a tourist camp. (a) "PUBLIC PARKII means a park owned or operated by the Corporation or the Region, any local board of the Corporation or the Region, any Conservation Authority established by the Govern- ment of Ontario or any other Authority, Board, Commission or Ministry established under any statute of Ontario or Canada. "PERMITTED" means permitted by this By-law. "PERMITTED USE" means a use which is permitted in the zone where such use is located. "SIGHT TRIANGLE II means the triangular space on a lot formed by 2 intersecting street lines and a line drawn from a point in one street line across such lot to a point in the other street line, each such point being 30 feet from the point of intersection of the street lines (measured along the street lines). Where the 2 - 11 - . street lines do not intersect at a point, the point of inter- of the street lines shall be deemed to be the intersection section)of the projection of the street lines or the intersection of the tangents to the street lines. (33) "SIGN" means a name, identification, description, device, dis- play or illustration which is affixed to or represented directly or indirectly upon a building, structure or lot which directs atten- tion to an object, product, place, activity, person, institute, organization or business. (34) II STOREY II means that portion of a building or structure between any floor level of such building or structure and the floor, ceiling or roof next above such floor level. (a) "FIRST STOREY" means the storey with its floor closest to finished grade and having its ceiling at least 6 feet above finished grade. . (b) "0NE-HALF STOREY" means that portion of a building situated wholly or partly within the roof and in which there is a vertical dimension of at least 7.5 feet (measured from finished floor to finished ceiling) over a floor area equal to at least 50% of the floor area of the storey next below. (c) "ATTIC" means that portion of a building situated wholly or partly within the roof but which is not a one-half storey. (d) "BASEMENT" means any storey below the first storey which is at least 50% above finished grade (measured from finished floor to finished ceiling). . (e) "CELLAR" means any storey below the first storey which is more than 50% below finished grade (measured from finished floor to finished ceiling). - 1.2 - . (35) "STREETII means a public thoroughfare under the jurisdiction of either the Corporation, the Region or the Province of Ontario. This definition shall not include a lane or private right-of-way. (36) "STREET ACCESS" means, when referring to a lot, that such lot has a lot line or portion thereof which is also a street line. (37) "STREET LINEII means the limit of a street allowance and is the dividing line between a lot and a street. (38) IISTREET SETBACK" means the least horizontal distance required between the centreline of a street allowance and the nearest part of any building envelope or excavation on a lot (measured at right angles to such centreline). (39) IISTRUCTUREII means anything constructed or erected, the use of which requires location on or in the ground, or attached to some- thing having location or or in the ground. (40) "USEII, when used as a noun, means the purpose for which a lot, building or structure, or any combination thereof, is designed, arranged, occupied or maintained. IIUSESII shall have a corresponding meaning. "USEII shall have a corresponding meaning. IIUSEII (when used as a verb), IIUSED" and liTO USE" shall have corresponding meanings. (a) "ACCESSORY USE" means a use which is incidential, subordinate and exclusively devoted to a main building or main use and located on the same lot therewith. (b) "MAIN USE" means the principal use of a lot. (41) IIYARDII means a space, appurtenant to a building, structure or excavation, located on the same lot as the building, structure or excavation, and which space is open, uncovered and unoccupied . . ~ 13 - . from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in this By-law. (a) "FRONT YARD" means a yard located between the front lot line and the nearest part of any excavation or main building on the lot and extending across the full width of the lot. (b) IlFLANK YARD" means a yard located between a flank lot line and the nearest part of any excavation or main building on the lot and extending for the full length of such flank lot line but excluding any front yard. (c) "REAR YARD" means a yard located between a rear lot line and the nearest part of any excavation or main building on the lot and extending for the full length of such rear lot line but excluding any front yard or flank yard. (d) "SIDE YARDIl means a yard located between a side lot line and the nearest part of any excavation or main building on the lot and extending for the full length of such side lot line but excluding any front yard, flank yard or rear yard. (42) "ZONE" means a designated area of land use shown on Schedule "A" hereto and includes any special zone used in this By-law. (43) "Z0NE PROVISION" means any provision of this By-law which is listed under the heading "Z0NE PROVISIONS" and includes anything contained in Section 3 hereof which is applicable to the zone. (44) "Z0NE ADMINISTRATOR" means the officer or employee or the Corporation charged with the duty of enforcing the provisions of this By-law. . . - 14 - . SECTION 3 GENERAL PROVISIONS (1) ACCESSORY USES Any use, building or structure which is accessory to a permitted use in a zone shall be permitted in such zone except that none of the following accessory uses shall be permitted in any zone unless such accessory use is listed as a permitted use in such zone: (a) an accessory manufacturing use; (b) a building or portion thereof used for human habitation; (c) a gasoline pump island; (d) a livestock building; (e) any occupation for gain or profit conducted within or acces~~ry to a dwelling unit; (f) an open storage area. (2) CONSTRUCTION USES (a) The following uses shall be permitted in any portion of the Zoned Area: a building or structure incidential to construction on the lot where such building or structure is situated, but only for as long as it is necessary for the work in progress and until the work is completed or abandoned. (b) "Abandoned" in this subsection means the failure to proceed expe- ditiously with the construction work or the failure to undertake any construction work during any continuous 6 month period. (3) HOME OCCUPATIONS No home occupation shall be permitted in any portion of the Zoned Area unless such home occupation conforms to the following provisions: (a) SIZE: Not more than 20% of the dwell i ng unit area shall be used for the purpose of home occupation uses. - . ... . . . - 15 - (4) (b) ACCESSORY BUILDINGS: No accessory building shall be erected, altered or used for the purposes of a home occupation. (c) SALES OR RENTALS: There shall be no goods, wares or merchandise, other than those produced on the premises, offered or exposed for sale or rent on such premises. (d) EMPLOYMENT: No person, other than a member of the family residing on the premises, shall be engaged in the home occupation. (e) ADVERTISING: There shall be no external display or advertising, other than a lawful sign, to indicate to persons outside that any part of the dwelling house or lot is being used for a purpose other than residential. HOME PROFESSIONS No home profession shall be permitted in any portion of the Zoned Area unless such home profession conforms to the following provisions: (a) SIZE: Not more than 20% of the dwelling unit area shall be used for the purpose of home profession uses. (b) ACCESSORY BUILDINGS: No accessory bui 1 ding sha 11 be erected, altered or used for the purposes of a home profession. (c) OCCUPANCY: The dwelling unit containing the home profession shall be occupied as a residence by the professional user. - 16 - (d) '. EMPLOYMENT: Not more than one person, other than an occupant of the dwelling unit containing the home profession, shall be employed in the home profession. (e) ADVERTISING: . There shall be no external display or advertising, other than a lawful sign,to indicate to persons outside that any part of the dwelling house or lot is being used for apurpose other than residential. (5) PUBLIC USES (a) STREETS AND INSTALLATIONS: Nothing in this By-law shall prevent the use of land for a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipeline, lighting fixture, or over- head or underground electrical or telephone line provided that the location of such main or line has been approved by the corporation of the Town of Newcastle. (b) GENERAL PROVISIONS: Every public use shall comply with the general provisions of this By-law as contained in Section 3 hereof. (c) ZONES WHERE PERMITTED: Except as provided in clause (a) hereof, the only public use permitted in a specific zone shall be those public uses listed as permitted uses in the said zone. (d) ZONE PROVISIONS: Every public use shall comply with the zone provisions of the zone wherein such public use is located. (e) PROVISIONS IN RESIDENTIAL ZONES: Any above-ground non-recreational public use which is located in a Residential zone shall be enclosed in a building designed, . '- - 17 - ~ . located and maintained in general harmony with the permitted Residential buildings in such zone. (6) SIGHT TRIANGLES (a) USES PROHIBITED: . Within any area defined as a sight triangle, the following uses shall be prohibited: (i) a building, structure or use which would obstruct the vision of drivers of motor vehicles; (ii) a fence, tree, hedge, bush or other vegetation, the top of which exceeds 3.5 feet in height above the elevation of the street; (iii) any portion of a parking space; (iv) a berm or other ground surface which exceeds the elevation of the street by more than 2 feet; (v) a sign, other than a pole sign, the body of which is not less than 13 feet above the elevation of the centreline of the street. The provisions of this clause shall not apply at any intersection controlled by traffic signal lights. (7) SIGNS Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign, provided such sign complies with the by-laws of the Corporation regulating signs and provided such sign complies with the provisions of this By-law regarding sight triangles. (8) STORAGE OF SPECIAL VEHICLES (a) VEHICLES PERMITTED: . No person shall use any lot in any Residential zone for the purpose of parking or storing a boat, motor home, snowmobile or tourist trailer except for: - 18 ., . (i) one boat which shall not exceed 27 feet in length; (ii) one motor home which shall not exceed 27 feet in length; (iii) two snowmobiles; or (iv) one tourist trailer which shall not exceed 27 feet in length, exclusive of hitch or tongue. (b) YARDS WHERE PERMITTED: In any Residential zone, the parking or storage of a boat, motor home, snm-mobile or tourist trailer shall only be per- mitted in a private garage, carport or other building and not in any parking space or sight triangle, except that such boat, motor home, snowmobile or tourist trailer may be parked or stored in an interior sideyard or rear yard but no closer than 4 feet to any lot line. (9) SWIMMING POOLS (a) COMPLIANCE WITH OTHER BY-LAWS: Nothing in this By-law shall apply to prevent the erection, alteration or use of any swimming pool, provided such swimming pool complies with the by-laws of the Corporation regulating swimming pools. (b) BUILDING AREA EXEMPTION: A swimming pool shall be considered as part of the building area unless no part of the swimming pool or its railing protrudes more than 5 feet above the ground level surrounding the swimming pool. (10) PARKING AREA REGULATIONS (a) SIZE: Each parking space shall be at least 20 feet long, 10 feet wide and have a vertical clearance of at least 6 feet. . . . . . ~ . - 19 - (b) LOCATION: The required parking area shall not form a part of any street~ lane~ delivery space or loading space. The re- quired parking area shall be provided on the lot occupied by the building~ structure or use for which the said parking area is required. RESTRICTIONS IN RESIDENTIAL ZONES: (c) No person shall use any parking area or parking space in a Residential zone except in accordance with the following: (i) Not more than one vehicle per dwelling unit shall be a commercial motor vehicle as defined in The Highway Traffic Act. (ii) The manufacturer's rated capacity of any such commercial motor vehicle shall not exceed one ton. ZONES SECTION 4 (1) ZONE CLASSIFICATION For the purpose of this By-law~ all lands within the Zoned Area are divided into zones and are classified as follows: One-Family Residential Zone Environmental Protection Zone Rl EP . . . ~ .. - 20 - ONE-FAMILY RESIDENTIAL ZONE (Rl) SECTION 5 (1) USES PERMITTED No person shall within any Rl Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following Rl uses, namely; a public park; a sewage pumping station (2) - 21 - .. . (c) DWELLING HOUSES PER LOT (maximum): (d) BUILDING AREA (maximum): (e) BUILDING SETBACK, FRONT (minimum): (f) BUILDING SETBACK, FLANK (minimum): (g) BUILDING SETBACKS, REAR (minima): (i) main building (ii) accessory building (h) BUILDING SETBACKS, SIDE (minima): (i) main building with attached private garage or attached - 1 only - 35% - 20 feet - 10 feet - 35 feet - 4 feet carport (ii) main building without attached private garage or attached - 4 feet . carport - 10 feet on driveway side; 4 feet on other side (iii) other accessory buildings - 4 feet - 4 feet (i) BUILDING SEPARATION (minimum): (j) BUILDING HEIGHTS (maxima): (i) main building - 30 feet (ii) accessory building - 15 feet (k) DWELLING UNIT AREA (minimum): - 950 square feet provided that for a dwelling house which contains no basement or cellar, the minimum dwelling unit area shall be - 1,150 square feet . (1) PARKING SPACES (minima): (i) dwelling house - 1 for each dwelling unit . e . . - 22 - (ii) home occupation or home profession - the greater of: 2 per lot; or for each 200 square feet of net floor area or portion thereof devoted to the home occupation or home profession (m) PARKING SPACE LOCATION: No part of any parking space shall be located closer than 20 feet to any street line. (n) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. . - . ... - 23 - '" SECTION 6 ENVIRONMENTAL PROTECTION ZONE (EP) (1) USES PERMITTED No person shall within any EP Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following EP uses, namely; (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: a barbecue pit; a parking area; a public park; a swimming pool (in ground) a tool shed. (2) ZONE PROVISIONS No person shall within any EP Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) BUILDING AREA (maximum): (b) BUILDING SEPARATION (mi nimum): (c) BUILDING HEIGHT (maximum): - 300 square feet for each building - 4 feet - 15 feet (d) No person shall erect any building or structure within any EP Zone without the written permission of the Ganaraska Conservation Authority. (e) GENERAL PROVIS IONS: In accordance with the provisions of Section 3 hereof. ~ - 24 - .. SECTION 7 ADMINISTRATION . (1) ZONING ADMINISTRATOR This By-law shall be administered by the Zoning Administrator. (2) ISSUANCE OF BUILDING PERMITS AND LICENSES Notwithstanding any provision of the Building By-law or any other by-law of the Corporation to the contrary, no building permit or license shall be issued where the proposed building, structure or use would be in violation of any provision of this By-law. (3) INSPECTION (a) CONDITIONS FOR ENTRY: Subject to clause (b) of this subsection, the Zoning Adminis- trator, Building Inspector or any other officer or employee of the Corporation, acting under the direction of Council, is hereby authorized to enter, at all reasonable hours, upon any property or premises for the purpose of carrying out his duties under this By-law. (b) RESTRICTIONS FOR ENTRY OF DWELLING UNITS: . Notwithstanding any provision of clause (a) of this subsection to the contrary, no officer or employee of the Corporation shall enter any room or place being used as a dwelling unit or part thereof without the consent of the occupant except under the authority of a search warrant issued pursuant to Section 16 of The Summary Convictions Act (R.S.O. 1970). (4) VIOLATIONS AND PENALTIES Every person who uses any lot, or erects, alters or uses any building or structure or any part of any lot, building or structure in a manner . contrary to any requirement of this By-law, or who causes or permits such use, alteration or erection, or who violates any provision of this By-law or causes or permits a violation, shall be guilty of an . - 25 - . . offence and upon conviction therefor, shall forfeit and pay a penalty, at the discretion of the convicting Magistrate, not ex- ceeding Three Hundred Dollars ($300.00), exclusive of costs, for each such offence, and every such penalty shall be recoverable under The Municipal Act and The Summary Convictions Act. Each day of violation shall constitute an offence. (5) REMEDI ES In case any building or structure is to be erected or altered or any part thereof is to be used, or any lot is to be used, in contravention of any requirement of this By-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of The Planning Act or The Municipal Act in that behalf. ( 6 ) VAll D ITY If any section, clause or provision of this By-law, including anything contained in Schedule "A" attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. (7) EXISTING BY-LAWS The provisions of By-law 73-15, shall no longer apply to the lands designated on Schedule "AII hereto. . . . . . ~ .. - 26 - SECTION 8 APPROVAL This By-law shall become effective on the date hereof, subject to receiving the approval of the Ontario Municipal Board. THIS BY-LAW given its first reading this 26 day of March , 1979. THIS BY-LAW given its second reading this 26 day of March , 1979. THIS BY-LAW read a third time and passed this 26 day of March , 1979. ~.#~ (Mayor) (sea 1) ~~------- ~~ 0;; cr O. 0::" 5t ; 1 o ..J ::J ..J 4 W 0 o c o 0 ::>~ 0:: j PARTS OF LOTS 29 AND 30, CONCESSION ""'-JIII-,,1l1 I I I o 50 0 100 200 300 400 500 SCALE I. & 20d J .........././........ / PART I, PLA~ 10 R...535 (I) t- o . 71- .. SO. I 2..'.....:J 1.......:.:.:.:.:.:;:;:;::::::::.:.:.:.:.:.:.:.:.:.:.:;:;:;:;:;::.:.:.:.:.:.:.:.:.:.:.:.:.:.:;:;:;:;::::.:.:.:.:.:.:.:.:.:.:...:;:tco:,* ..:.:.:.:.:.:.:.:.:.:.....:;::::::::::::::::::.:.:.:.:.:;:;:;:;::::Ii)~!SO~.:-:::::. . UJ..' Z ~~fttff~~fffftttf~~ffffftttttttfff~)fftttttf~~ tt@i~tiWif:j~iifrrrr1::::~~~:::}~(~, w _ ::::::::t::::::::::::::::::::::::::::::::::i:::::::::::::::::~:~f:::::t::::::::::::~~:::::::::::::tf:::::l::J::r::::::::::::tto:$.::::::::::::~:::::::::::1~~::::: . Loon\' ~ :!i .. 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"\ SUNSET BLVD. ~ ~ THIS IS SCHEDULE I AI TO BY-LAW 79----2L, PASSED THIS 2f) DAY OF M::lrrn, A.D. 1979,.y ,,/ 4~~&-,-..,L_;-/ G.B, RICKARD, Mayor tj,..... '" ~.~______~_SEAL) JM MciLROY, Clerk ~ "- 1;;//1 ZONE CHANGE TO 1 RI' ~j'01 ZONE CHANGE TO 'E p' .. ," ':- [t] ~lIEm" Onta ria R 791701 .... Ontario Municipal Board IN THE MA'l'TER 01' Section 35 of The Planning Act (a.s.o. 1970, c. 349), ... and - IN THE MA'l'TER OF an applica1:ion by The COrporat.ion of 'the Town of Newcas1:le for approval of its Resuict.ed Area By-law 79-24 . BEI'OREIl B.A. SEABORN Member - and - ) ) ) ) ) ) ) Monday, 'the 28th day of May, 1979 M. D. DNDERSON M...~ No objec'tions 'to approval havJ.ng been received as required, THE BOARD ORDERS that. By-law 79-24 is bueby approved. . , - ENTERED R79- 3 .... O. 8. IIO.............?........ f-UA _ _1.?:................ UIN "u......~ MA'{ 3 0 \979 It dfI 4~ ~,. DIIUIIl!~ 11 :1 ,,' f~f "f)'III~ ~t' / J/Jd,;~ wrr