HomeMy WebLinkAbout79-44
REPEALED BY
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IY.LAW ,....~.......'I'"
THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NUMBER 79- 44
A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND
USE OF BUILDINGS AND STRUCTURES IN CERTAIN LANDS IN THE FORMER VILLAGE
OF NEWCASTLE, NOW IN THE TOWN OF NEWCASTLE.
WHEREAS The Planning Act provides that the Council of the municipal
corporation may pass by-laws to regulate the use of lands and the
character, location and use of buildings and structures;
AND WHEREAS the Municipal Council of the Corporation of the Town of
Newcastle considers it advisable to regulate the use of land situated
within a Defined Area, as hereinafter designated;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
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SECTION 1
SPECIFIC CONDITIONS
1. INTERPRETATION
1.1 TITLE
This By-law may be cited as the "Z0NING BY-LAW"
1.2 APPLICATION
For the purposes of this By-law, the definitions and
interpretations given herein shall govern.
1.3 DEFINED AREA
The provisions of this By-law shall apply to all lands within
the "Defined Area", as shown on Schedule "A" hereto.
1.4
INTERPRETATION
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For the purposes of this By-law, words used in the present tense
include the future: words in singular number include the plural
and words in the plural include the singular number; the word
"sha11" is mandatory; the words "used"
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1.5
1.6
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and "occupied" shall include the words 'arranged' and
'designed to be used or occupied'.
ZONE SYMBOLS
The Zone symbols may be used to refer to lots, buildings
and structures and to the use of lots, buildings and
structures permitted by this By-law in the Zones. Whenever
in this By-law the word "Zone" is used, preceded by any
of the symbols, such Zone shall mean any area within the
Corporation within the scope of this By-law, delineated on
Schedule "A", and designated thereon by the symbol.
SPECIAL ZONE SYMBOL
Where the Zone symbol designating certain lands, as shown on
Schedule "A", is followed by a dash and a number, ( for example
OS -1), then special provisions in addition to the normal
Zone provisions apply to such lands. Such special provisions
will be found by reference to that section of the By-law
which deals with that particular Zone. Lands designated in
this manner shall be subject to all the restrictions of the
Zone, except as otherwise provided by the special provisions.
1.7 ZONE BOUNDARIES AND INTERPRETATION
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Where possible, the extent and boundaries of all Zones, as
shown on Schedule "A", are construed to be lot lines, street
lines, centrelines of streets, railway righ~f-way or
boundaries of registered plans. In the case where uncertainty
exists as to the boundary of any Zone, then the location of
such boundary shall be determined in accordance with the
scale of Schedule "A", at the original size, in the scale of
I inch to 200 feet. However, where the limits of the flood-
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plain of a watercourse have been identified in the Floodplain
mapping of the Conservation Authority having jurisdiction,
then the limits of the corresponding OS-l zone shall be
deemed to correspond with the limits of the floodplain as
identified on this mapping, without amendment to this By-law.
1.8 RESIDENTIAL AND NON-RESIDENTIAL USES
For the purpose of reference, all buildings and structures,
and all uses of buildings, structures and lots named as uses
permitted and classified under the headings of "Residential"
and "Non-Residential", may be referred to as Residential and
Non-Residential buildings, structures or uses respectively.
1.9 LOCATION OF PROVISIONS
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All the Zone Provisions of this By-law which are applicable
to a use, building or structure shall be provided within the
Zone in which such use, building or structure is located unless
_specific provision of this By-law provides otherwise.
1.10 SCHEDULES TO BY-LAW
Schedule "A", which is attached hereto, is hereby made a part
of this By-law as fully and to all intents and purposes as
though recited in full herein.
2. COMPLIANCE WITH THE BY-LAW
2.1 APPLICATION OF BY-LAW
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No land, building, structure, lot or premises shall be used,
and no building or structure shall be erected or altered, in
whole or in part, for any p'urpose EXCEPT in conformity with
the provisions of this By-law.
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2.2
INTERPRETATION
The provisions of this By-law shall be held to be the minimum
requirements EXCEPT where the word maximum is used, in which
case the maximum requirement shall apply.
2.3 CHANGE IN LOT SIZE
No lot shall be changed in area, depth or width, either by
the conveyance of land or otherwise, so that the lot coverage
exceeds the maximum permitted by this By-law, or so that the
existing or resulting lot area, lot width or yards will be
less than the minimum permitted by the provisions of this
By-law.
2.4 PUBLIC ACQUISITION
3.
No person shall be deemed to have contravened any provision
of this By-law by reason of the fact that any part or parts
of any lot has or have been conveyed to or acquired by any
Public Authority.
ADMINISTRATION, ENFORCEMENT AND PENALTIES
3.1 ADMINISTRATION
This By-law shall be administered and enforced by the person
appointed by the Corporation and known as the By-law Enforcement
Officer.
3.2 BUILDING AND OTHER PERMITS
Notwithstanding the provisions of the Corporation's Building
By-law or any other By-law of the Corporation, no building
permit or occupancy permit shall be issued where the proposed
building, structure or use would be in violation of any of
the provisions of this By-law.
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3.3
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APPLICATION FOR PERMITS
In addition to all the requirements of the Corporation's Building
By-laws or any other By-law of the Corporation, every application
for a building permit shall be accompanied by a plan in duplicate,
(one copy of which shall be retained by the Chief Building
Official},drawn to scale and showing the following:
a. the true dimensions of the lot to be built upon or other-
wise used.
b. The proposed location, height, floor area and dimensions
of any building, structure or use proposed for such lot.
c. Proposed locations and dimensions of any yards, set-back,
landscaped open space, off-street parking space or off-
street loading facilities required by this By-law.
d. The location of all existing buildings or structures
on the lot shown on the plan.
e. A statement signed by the owner, disclosing the exact use
proposed for each aforesaid building, structure or use and
giving all information necessary to determine if such
proposed or existing building, structure or use conforms
to the requirements of this By-law.
3.4 INSPECTION
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3.5
The By-law Enforcement Officer, or any Officer or employee of
the Corporation acting under the direction of the 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.
VIOLATION AND PENALTIES
Every person who uses any lot, or erects or uses any building,
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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 or erection, or who violates any
provision of this By-law, causes or permits a violation, shall
be guilty of an offence, and upon conviction therefore shall
forfeit and pay a penalty not exceeding One Thousand Dollars
($1,000), exclusive of costs, for each offence, and every
such penalty shall be recoverable under the Municipal Act and
The Summary Convictions Act.
3.6 CONTRAVENTION - RESTRAINED BY ACTION
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In case any building or structure is to be erected, altered,
reconstructed, extended, or 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 Municipal Act, in that behalf.
3.7 VALIDITY
If any section, clause or provision of this By-law, including
anything contained on Schedule "A", is for any reason declared
by the 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,
including anything contained on Schedule "A", so declared to
be valid. It is hereby declared to be the intention that
all the remaining section, clauses or provisions including
anything contained on Schedule "A" of this By-law shall remain
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in full force and effect until repealed, notwithstanding
that one or more provisions thereof shall have been declared
to be invalid.
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SECTION 2
DEFINITIONS
For the purpose of this By-law, unless the context requires otherwise,
the interpretations and definitions given in this section shall govern.
2.1 ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure, the use of which
is customarily incidental and subordinate to a principal use,
building or structure and located on the same lot therewith.
2.2 ACCESSORY USE
Shall mean a use customarily incidental and subordinate to,
and exclusively devoted to the main use of the lot, building
or structure and located on the same lot with such main use.
2.3
ALTER
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Shall mean when used in reference to a building or part thereof
to change anyone or more of the internal or external dimensions
of such building, to change the use of such building or structure,
or to change the type of construction of the exterior walls or
roof thereof. When used in reference to a lot, the word "alter"
means to decrease the width, depth or area thereof or to
decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area, to change the use of
such lot, or to change the location of any boundary of such lot
with respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any portion
of said lot, or otherwise. The words "altered" and "alteration"
shall have a corresponding meaning.
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2.4
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 shall
include a banquet hall, private club or fraternal organization.
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2.5 ATTIC
Shall mean the portion of a building situated wholly, or in
part, within the roof and which is not a one-half storey.
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2.6 BASEMENT
Shall mean that portion of a building between two floor levels
which is partly underground but which has at least one-half
of its height, from finished floor to finished ceiling, above
the adjacent finished grade level adjacent to the exterior
walls of the building.
2.7
BUILDING
Shall mean a structure having a roof, supported by columns
or walls or supported directly on the foundation and used for
the shelter or accommodation of persons, animals or goods.
2.9 BUSINESS OR PROFESSIONAL OFFICE
Shall mean an office in which any administrative business
is carried on or any profession is practised.
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2.10 BY-LAW ENFORCEMENT OFFICER
tit Shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
2.11 CAMPING ESTABLISHMENT
Shall mean a tourist establishment consisting of at least
five camping lots and comprising land used or maintained as
grounds for the camping or parking of trailers,mobile homes,
motorized mobile home, truck campers, campers or tents.
EXCEPT parks or camping grounds maintained by any department
of Government of Ontario or of Canada, or any crown corporation,
commission or board.
2.12 CAMPING LOT
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Shall mean part of a camping establishment that is to be
occupied by a trailer, mobile home, motorized mobile home,
truck camper, camper or tent.
2 . 13 CELLAR
Shall mean that portion of a building between two floor levels
which is partly or wholly underground and which has more than
one-half of its height, from finished floor to finished
ceiling, below adjacent finished grade.
2.14 COLD STORAGE LOCKER PLANT
Shall mean a building in which space in individual lockers is
rented or otherwise made available for the storage of frozen
food.
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2.15 CONSERVATION
Conservation shall mean the preservation, protection
and improvement of the components of the natural environment
through comprehensive management and maintenance for both
the individual and society's uses, both in the present and in
the future.
2.16 CONVENIENCE STORE
Shall mean a retail commerci.al establi,~hment supplying
groceries and other daily household necessities to the
residents of the immediate neighbourhood.
2.17 CORPORATION
Shall mean the Corporation of the Town of Newcastle.
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2.18 COUNCIL
Shall mean the Municipal Council of the Corporation of the
Town of Newcastle.
2.19 COURT
Shall mean an open and unoccupied space from ground to sky
appurtenant to a building and bounded on two or more sides
by the walls of the building.
2.20 DRIVE-IN RESTAURANT
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.
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2.21 DRY-CLEANERS' ESTABLISHMENT
Shall mean a building or structure used 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, spotting and stain removing, and for the pressing
of any articles or goods which have been subjected to any
such process elsewhere at a dry cleaners' plant.
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2.22 DWELLING
a. DWELLING HOUSE
Shall mean a building occupied or capable of being
occupied as the home, residence or living quarters for
one or more families. This definition shall not include
any vehicle as defined herein.
b . DWELLING UNIT
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Shall mean a suite of two or more rooms, designed or
intended for use by one family only, in which sanitary
conveniences are provided, in which facilities are
provided for cooking or the installation of cooking
equipment, in which a heating system is provided and
containing a private entrance from outside the building
or from a common hallway or stairway inside.
c. DWELLING UNIT, BACHELOR
Shall mean a dwelling unit consisting of one bathroom and
not more than two habitable rooms providing therein living,
dining, sleeping and kitchen accommodation in appropriate
individual or combination room or rooms.
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d. SINGLE - FAMILY DWELLING HOUSE
~hall mean a dwelling house containing one dwelling unit
and occupied by not more than one family.
e. DUPLEX DWELLING ROUSE
Shall mean the whole of a dwelling house that is divided
horizontally into two separate dwelling units each of
which has an independent entrance either directly from
the outside or through a common vestibule.
f. CONVERTED DWELLING ROUSE
Shall mean a dwelling house, erected prior to the passing
of this By-law, including any additions thereto constructed
for permanent use, altered or converted so as to provide
therein not more than four dwelling units.
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g. APARTMENT DWELLING HOUSE
Shall mean the whole of a dwelling house that contains
three or more dwelling units which have a common entrance
from street level and are served by a common corridor.
An "APARTMENT DWELLING HOUSE" does not include any other
dwelling house otherwise defined herein.
h. AGRICULTURAL SERVICE DWELLING
Shall mean a temporary dwelling house to provide sleeping
accommodation and sanitary facilities for seasonal farm
workers and such temporary dwelling house may include
facilities for cooking.
i.
SEASONAL DWELLING ROYSE
Shall mean a single-family detached dwelling house in-
tended to be used during only:
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2.23
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The six months from April through September inclusive
of the same calendar year; and/or
ii. week-ends and on random occasions such as public
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holidays and ski holidays during the six months
from October of one calendar year through March of
the next calendar year, inclusive, but which is not
used for year-round or permanent human habitation
notwithstanding that it may be designed and/or
constructed for such year-round or permanent human
habitation.
BOARDING OR LODGING ROUSE
Shall mean a dwelling house, containing not more than
four guest rooms used or maintained for the accommodation
of the public, in which the owner or head lessee supplies,
for hire or gain, lodgings with or without meals for three
or more persons but does not include any other establishment
otherwise defined or classified herein.
k. DWELLING UNIT AREA
Shall mean the habitable a.:rse.acontained within the inside
walls of a dwelling unit, excluding any private garage,
carport, porch, verandah, 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 con-
sumption and includes such uses as a restaurant, dining
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room, cafe, cafeteria, ice cream parlour, tea or lunch room,
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dairy bar, coffee shop, snack bar or refreshment room or
stand; but does not include a boarding or lodging house.
2.24
ERECT
Shall mean building construction, reconstruction and relocation,
and, without limiting the generality of the work, also includes:
a. any preliminary physical operation, such as excavating,
filling or drainage.
b. altering any existing building or structure by an addition,
enlargement, extension, movement or other structural change.
c. any work for the doing of which a building permit is re-
quired under the Building By-law of the Corporation: and
d. erect, erected and erection shall have a corresponding
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2.25 ESTABLISHED BUILDING LINE, RURAL
Shall mean the average setback from the street line of existing
buildings when at least five buildings have been erected on
anyone side of a continuous 600 feet of land with street
frontage.
2.26 ESTABLISHED BUILDING LINE, URBAN
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 frontage of the said side of the block has been built upon.
2.27 EXISTING
Shall mean existing, being a reality or an actuality on the
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date of passing of this By-law.
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2.28
FAMILY
Shall mean one human being or two or more human beings related
by blood, marriage or legal adoption, or a group of not more
than three human beings who need not be related by blood or
marriage, living together as a single housekeeping unit.
"Family" also includes domestic servants and not more than
two boarders or lodgers.
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2.29 FARM
Shall mean land used for the tillage of soil and the growing
of vegetables, fruits, grains or other staple crops and
includes livestock raising, dairying or woodlots.
2.30 FARM, SPECIALIZED
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Shall mean land on which the predominant economic activity
consists of raising swine, chickens, turkeys or other fowl,
the intensive feeding of cattle in a confined area, the
raising of fur bearing animals, the raising or boarding of
dogs or cats or the growing of mushrooms.
2.31 FARM PRODUCE RETAIL OUTLET
Shall mean a use, accessory to a farm, which consists of the
retail sale of agricultural products produced on the farm.
2.32
FINANCIAL OFFICE
Shall mean the premises of a bank, trust company, finance
company, mortgage company or investment company.
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2.33
FINISHED GRADE
Shall mean the median elevation between the highest and
lowest points of the finished surface of the ground
(Measured at the base of a building or structure) but
exclusive of any embankment in lieu of steps.
2.34
FLOODPLAIN
Shall mean the area below the high water mark of a water-
course, as determined by the Conservation Authority having
jurisdiction.
2.35 FLOOR AREA, GROSS
Shall mean total floor area, as defined herein, exclusive
however of:
a. any part of the building or structure below finished
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grade which is used for heating equipment, the storage
or parking of motor vehicles, locker storage and laundry
facilities, children's play areas and other accessory
uses, or used as living quarters by the caretaker,
watchman or other supervisor of the building or
structure; and
b. enclosed malls when used as a common area between stores.
2.36 FLOOR AREA, GROUND
Shall mean the maximum ground floor area of a building
measured to the outside walls, excluding, in the case of a
dwelling house, any private garage, carport, porch, verandah,
sunroom (unless such sunroom is habitable at all seasons
of the year).
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2.37
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FLOOR AREA, MANUFACTURING
Shall mean that portion of the gros.s floor area of an
establishment which is used for manufacturing purposes but
does not include areas used for storage of finished products
or offices.
2.38 FLOOR AREA RATIO
Shall mean the quotient of. the tota,l floQr area as defined
herein, exclusive of all cellar floors, divided by the lot
area.
2.39 FLOOR AREA, TOTAL
Shall mean the aggregate of. the hori.zontal areas of each
floor, whether any such floor is above or below grade, measured
between the exterior faces of the exterior walls of the
building or structure at the level of each floor.
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2.40
2.41
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FUEL STORAGE TANK
Shall mean a tank for the bulk storage of petroleum,
gasoline, fuel, oil, gas or. flammable liquid or fluid but
does not include a container forfla,mmable liquid or fluid
legally and properly kept in a retail store or a tank for
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storage merely incidental to some other use of the premises
where such tank is located.
2.42 FUNERAL HOME
2.43
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2.44
Shall mean a building or structure designed for the purpose
of furnishing funeral supplies and services to the public
and includes facilities intended for the preparation of
the dead human body for interment or cremation.
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of a
dwelling house which is designed or used for the sheltering
of one or more private motor vehicles and storage of house-
hold equipment incidental to the residential occupancy and
which is fully enclosed and roofed and excludes a carport
or other open shelter.
GOLF COURSE
Shall mean a public or private area operated for the purpose
of playing golf, and includes a par 3 golf course but does
not include driving ranges , miniature courses and similar
uses.
2.45 GUEST
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Shall mean a person who contracts for accommodation in a
tourist establishment and includes all the members of the
person's party.
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2.46
GUEST ROOM
Shall mean a room or suite of rooms which contains no facilities
for cooking and which is used or maintained for the accommodation
of an individual or individuals to whom hospitality is extended.
2.47 HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or
food preparation, including a bathroom, den, library,
sewing room or enclosed sunroom but ~hall not include any
private garage, carport, porch, verandah, unfinished attic,
unfinished~ basement or unfinished cellar.
2.48 HEIGHT AND HEIGHT OF BUILDING
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Shall mean the vertical distance, measured between the
finished grade at the front of the building, and
a. in the case of a flat roof, the highest point of the
roof surface;
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 mean
heights between the eavers and ridge, exclusive of any
accessory roof construction such as a chimney, tower,
steeple, or television antenna.
2.49 HIGHWAY
Shall mean a highway within the meaning of the Highway
Traffic Act.
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2.50
HOME FOR THE AGED
Shall mean a home for the aged within the meaning of Th.e
Homes for the Aged Act.
2.51 HOME OCCUPATION
Shall mean any occupation conducted for gain or profit
wi thin a dwelling unit. This definition may include
dressmaking; hairdressing; instruction in arts, crafts,
dancing to music to not more than six pupils at anyone
lesson; molding; painting; sculpting; weaving; or the
making or repairing of garden or household ornaments,
clothing, personal e".ffects or toys.
2.52 HOTEL
Shall mean a tourist establishment that consists of one
building or two or more connected or adjacent buildings and
that throughout all or part of a year cater to the needs
of the travelling public by furnishing sleeping accomodation,
mayor may not be licensed under The Liquor Licence Act, but
does not include any other establishment otherwise defined
or classified in the By-law.
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2.53 LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky
at grade on a lot accessible by walking from the street on
which the lot is located and which is suitable for the
growth and maintenance of grass, flowers, bushes and other
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.
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2.54
LANE
Shall mean a pub li.c thoroughfare which af fords only a
secondary means of access to abutting lots and which is
not intended for general traffic circulation.
2.55 LAUNDRY, COIN-OPERATED
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.
2.56
LAUNDRY ESTABLISHMENT
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Shall mean a building or structure used for the purpose of
collection and distribution of articles or goods of fabric
to be subjected to the process of cleaning in which only
water and detergents can be used, and the drying, ironing
and finishing of such articles are carried on elsewhere at
a laundry plant.
2.57 LIQUOR LICENSED PREMISES
Shall mean any bUilding,structure or premises licenced
under The Liquor Licence Board of Ontario.
2.58
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 commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon
a street, lane or other appropriate means of access.
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2.59
LOT
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Shall mean 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)
2.60 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 and 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:
a. 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; and
b. any portion of a corner lot distant more than one hundred
(100) feet from the corner measured along the street line
shall be deemed to be an interior lot.
2.61 LOT INTERIOR
Shall mean a lot other than a corner lot.
2.62 LOT THROUGR
Shall mean a lot bounded on two opposite sides by streets.
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2.63
LOT AREA
Shall mean the total horizontal area within the lot lines of
a lot, excluding the horizontal area of such lot covered by
water or marsh.
2.64 LOT COVERAGE
Shall mean that percentage of the lot area covered by the
perpendicular vertical projection of the area of all buildings
onto a horizontal plane.
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2.65 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" means 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"
means 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.
2.66 LOT FRONTAGE
Shall mean the horizontal distance between the side lot
lines, such distance being measured perpendicularly to the
line joining the middle of the front lot line with either
the middle of the rear lot line or the apex of the triangle
formed by the side lot lines and at a point therein distant
25 feet from the front lot line.
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2.67
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2.68
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2.69
LOT LINE
Shall mean any boundary of a lot or the vertical projection
thereof.
LOT LINE, 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 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 acces to the lot is
provided shall be deemed to be the front lot line. In the
case of a lot fronting on a navigable waterway, the shorter
lot line directly adjacent to the navigable waterway.
LOT LINE, REAR
Shall mean the lot line farthest from and opposite to the
front lot line.
2.70 LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
2.71 MANUFACTURING OR PROCESSING PLANT
Shall mean a plant in which the process of producing a
product suitable for use, by hand and/or mechanical power
and machin~ry'"isca:ried on systematically with division of
lab our.
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2.72
MARINA
Shall mean a building, structure or place, containing
docking facilities and located on a navigable waterway,
where boats and boat accessories are stored, serviced,
repaired or kept for sale and where facilities for the
sale of marine fuels and lubricants may be provided.
e
2.73 MEDICAL CLINIC
Shall mean a building or structure where members of the
medical professian, dentists, chiropractors, asteopaths, and
physicians or occupatianal therapists, either singularly or
in a union provide diagnasis and treatment to the general
public withaut overnight accammodation and shall include such
uses as reception areas, affices, coffee shop, consultation,
X-ray and minor aperating raoms, and a dispensary, providing
that all such uses have access only from the interior of the
building, and shall nat include any other establishment
otherwise defined or classified in this By-law.
2.74 MOTEL
.
Shall mean a taurist establishment that consists of one
or more than one building containing mare than one rental
unit far the purpase of catering to. the travelling public,
to whom the motor vehicle is the principal means of trans-
portation, by furnishing sleeping accommodation with or
without meals, may include permanent staff accommodatian and
mayor may not be licenced under the Liquor Licence Act, but
does not include any other establishment otherwise defined
or classified in this By-law.
-26-
.
2.75
MOTEL, HOUSEKEEPING UNIT
Shall mean a tourist establishment that consists of one or
mare than ane building containing more than one rental
dwelling unit, designed or intended for the purpose of
catering to the travelling or vacationing public throughout
all or part of the year and may include permanent staff
accommodatian, but does not include any other establishment
otherwise defined, or classified in this By-law.
2.76 MOTORIZED MOBILE HOME
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 persons.
2.77 MOTORIZED SNOW VEHICLE
.
Shall mean a motorized snow vehicle within the meaning of
The Motorized Snow Vehicle Act.
2.78 MOTOR VEHICLE
Shall mean an automobile, truck, motorcycle, and any other
vehicle propelled or driven otherwise than by muscular
power, but does nat include the cars of electric or steam
railways, or other motor vehicles running only upon rails,
or a motorized snow vehicle, traction engine, farm tractor,
self-propelled implement of husbandry or road building
machine within the meaning of The Highway Traffic Act.
-27-
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2.79
.
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 canjunction with which there may be towing service and
matar vehicle rentals far custamers while motor vehicle is
under repair, but shall nat include any other establishment
otherwise defined or classified in this By-law.
2.80 MOTOR VEHICLE, COMMERCIAL
Shall mean any commercial motor vehicle within the meaning
of The Highway Traffic Act.
2.81 MOTOR VEHICLE DEALERS RIP
.
2.82
.
Shall mean a building or structure where a franchised dealer
displays new motor vehicles for sale or rent and in conjunction
with which there may be used matar vehicle sales, a motor
vehicle repair garage, a mator vehicle service station, a
motor vehicle gasoline bar ar a motor vehicle body shop, but
shall not include any other establishment atherwise defined
or classified in this By-law.
MOTOR VEHICLE GASOLINE BAR
Shall mean one ar more pump islands, each consisting of one
or more gasaline pumps, and a shelter having a floor area of
not more than 25 square feet, which shall not be used for
the sale of any product other than liquids and small
accessaries required for the operation of motor vehicles,
but shall not include any other establishment otherwise
defined or classified in this By-law.
-28-
.
2.83
MOTOR VERICLE RENTAL
Shall mean a building or structure where motor vehicles are
kept for rent, lease ar hire under agreement for compensation.
2.84
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 af exhaust system, repair of
the electrical system, transmission repair, brake repair,
radiator repair, tire repair and installation, rustproofing,
motor vehicle diagnostic centre, majar and minor mechanical
repairs or similar use and in conjunction with which there
may be a towing service, a motor vehicle service station
and motor vehicle rentals for the convenience of the
customer while the matar vehicle is being repaired, but
shall not include any other establishment otherwise defined
or classified in th:i:s By-law.
2.85 MOTOR VEHICLE SALES, USED
Shall mean an establishment, with or without a buildigg
where used motor vehicles are displayed for sale, but shall
not include any other establishment otherwise defined or
classified in this By-law.
-29-
.
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2.86
2.87
e
2.88
2.89
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MOTOR VEHICLE SERVICE STATION
Shall mean a building or structure where gasoline, oil
grease, anti-freeze, tires, tubes, tire accessories,
electric light bulbs, spark-plugs, batteries and automotive
accessories for motor vehicles, and new retail goods are
stored ar 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 only minor mechanical or running repairs essential
to the actual operation of motor vehicles are executed or
performed.
MOTOR VEHICLE WASH, AUTOMATIC
Shall mean a building or structure containing facilities for
washing motor vehicles for compensation either using pro-
duction line methods and mechanical devices or by a self-
service operation, but does not include any other motor
vehicle extablishment herein defined where car washing is
done only as incidental to the principal operation.
NAVE
Shall mean that portion of a church or place of worship
where the congregation assembles during normal services
and which is generally located between the chancel and
the vestibule or narthex.
NON-CONFORMING
Shall mean the use of land, building or structure which
does not comply with'one or more provisions of. the By-law for the
zones in which such land, building or structure is located.
-30-
.
2.90
NON-RESIDENTIAL
Shall mean when used to describe a use, building or structure,
a commercial or industrial business or public or institutional
use, building ar structure permitted by the By-law.
.
2.91 NOXIOUS
Shall mean when used with reference to any use of land,
building or structure, a use which, from its nature, or fram
the manner of carrying on same, creates or is liable to
create, by reason of destructive gas or fumes, dust,
objectionable odour, noise or vibration ar unsightly storage
of goods, wares, merchandise, salvage, junk, waste or other
material, a condition which may become hazardous or injurious
as regards health or safety or which prejudices the character
of the surrounding area or interferes with or may interfere
with the narmal enjoyment of any use of land, building or
structure.
2.92
NURSERY SCROOL
Shall mean a day nursery operated for pre-school age
children within the meaning of the Day Nurseries Act. (R.S.O.
1970)
NURSING HOME
2.93
Shall mean a building other than a hospital or clinic in
which the proprietor supplies for hire or gain, lodging with
or without meals and, in addition, provides nursing, medical
or similar care and treatment, if required, and includes a
.
-31-
.
2.94
2.95
.
2.96
.
rest home or canvalescent home, but does nat include any
other establishment otherwise defined or classified in this
By-law.
OPEN STORAGE AREA
Shall mean land used for the outside storage of equipment,
goods or materials. This definition shall not include a
storage use located in a building, a salvage yard, a parking
area, a loading space, or a parking space.
PARK, PRIVATE
Shall mean any apen space or recreational area, other than
a public park, owned and operated or maintained in whole or
in part for profit by a private club or fraternal organization
for members only, and may include therein one or more swimming,
wading and baat facilities, picnic area, ski area, gardens
or refreshment rooms.
PARK, PUBLIC
Shall mean any open space or recreational area, owned or
controlled by the Corporation or by any Board, Commission or
other Authority established under any statute of the
Province of Ontario or the Dominion of Canada and may include
therein neighbourhood, community, regianal and special
parks or areas and may include ane or more athletic fields,
field houses, community centres, bleachers, swimming pools,
greenhouses, botannical gardens, zoolagical gardens, band-
stands, skating rinks, tennis courts, bowling greens, boat
liveries, bathing stations, curling rinks, refreshment rooms,
fair grounds, arenas, tent or trailer camp or park, golf
courses, or similar uses.
-32-
2.97
.
2.98
2.99
.
PARKING AREA
Shall mean an area or. structure provided for the parking of
motor vehicles and includes aisles having a minimum width of
18 feet, parking spaces having a minimum width of 10 feet,
and related ingress and egress lanes, but shall not include
any part of a public street. "Parking Area" may include a
private garage or carport.
PARKING LOT
Shall mean any parking area other than a parking area
accessory to a permitted use and located on the same lot
therewith.
P ARKINi~ SPACE
Shall mean an area of not less. than 20 f;eet long and 10
feet wide, exclusive af any aisles, ingress or egress lanes,
for the temporary parking or storage of motor vehicles, and
may include a private garage or carport.
2. 100 PERSON
Shall mean any human being, association, firm, partnership,
incorporated company, corporatian, agent or trustee, and
the heirs, executors or other legal representatives of a
person to wham the context can apply according to law.
2.101 PLACE OF ENTERTAINMENT
e
Shall mean a motian picture or other theatre, auditorium,
public hall, billiard or pool room, bowling alley, ice or
roller skating rink, dance hall or music hall; but does
-33-
.
not include any place of entertainment or amusement other-
wise defined or classified in this By-law.
2.102
PLACE OF WORSHIP
Shall mean a building dedicated to religious worship and
includes a church, synagogue or assembly hall and may include
such accessory uses as a nursery school, a school of religious
educatian, convent, manastery ar parish hall.
2.103 PRIVATE ROSPITAL
Shall mean a private haspital within the meaning of The
Private Hospital Act.
2.104 PROVINCIAL RIGHWAY
e
Shall mean a street under the jurisdiction of the Ministry
of Transportation and Communications.
2.105
PUBLIC USE
Shall mean a building, structure, or lot used for public
services by the Carporation or the Region, any local Board
of the Corporatian or the Region, any Conservation Authority
established by the Gavernment af Ontario., any Authority,
Board, Commission or Ministry established under any statute
af Ontario or Canada, or any telephane or telegraph company.
2.106 PUBLIC LIBRARY
Shall mean a public library within the meaning of the Public
Libraries Act.
.
-34-
.
2. 10 7 REGION
Shall mean the Corporation of the Regional Municipality of
Durham.
2.108 REGIONAL ROAD
Shall mean a road under the jurisdiction of the Corporation
of the Regional Municipality of Durham.
2.109 RENTAL AGENCY
Shall mean a building or part of a building or structure in
which articles are offered or kept for rent, lease or hire
under agreement for compensation, but shall not include any
other establishment defined ar classified in this By-law.
2.110
RETAIL GASOLINE ESTABLISHMENT
e
Shall mean a building or structure where gasoline is sold
at retail to the public as a principal or incidental operation.
2.111 SALVAGE YARD
Shall mean an establishment or premises where bones, bottles,
hides, junk, rags, scrap metals, wrecked vehicles or parts
therefrom are stored wholly or partly in the open.
2.112 SANITARY SEWER
Shall mean an adequate system af underground canduits, operated
either by the Corporation ar by the Ministry of the Environ-
ment, which carries sewage to an adequate place af treatment
which meets with the approval of the Ministry of the
Environment.
-
-35-
.
2. 113 SCHOOL
Shall mean a schoal under the jurisdiction of a Board as
defined in the Department of Educatian Act.
2.114 SERVICE SHOP
Shall mean a building or part of a building, not otherwise
defined or classified herein, and whether conducted in con-
junction with a retail store or nat, for the servicing or
repairing of articles, goods or materials.
2.115 SIGN
2. 116
Shall mean a sign within the meaning of the Corporation's
Sign By-law.
SEWAGE TREATMENT PLANT
Shall mean an area where sanitary and other liquid wastes
are treated and disposed of for discharge into a receiving
body after being processed in the treatment plant.
.
2.117
STOREY
Shall mean the portion of a building, other than an attic
or cellar, included between any floor level and the floor,
ceiling or roof next above it.
2.118 STOREY, FIRST
Shall mean the lowest storey of a building clasest to
finished grade having its ceiling 6 feet ar more above
average finished grade.
e
-36-
-
2.119 STOREY, ONE-HALF
Shall mean the portion of a building situated wholly or in
part within the roaf and having its floor level not lower
than 4 feet below the line where roof and outer wall meet
and in which there is sufficient space to provide a height
between finished flaor and finished ceiling of at least
7 feet 6 inches over a floor area equal to at least 50
percent of the area af the flaor next below.
2.120 STORM SEWER
Shall mean a sewer which carries storm sewage or surface
runoff but excludes any combined or sanitary sewers.
2. 121
STREET OR ROAD
Shall mean a public street or road for vehicles which affords
the principal means of access to abutting lots, but does nat
include a lane or private right-of-way.
e
2.122 STREET, IMPROVED PUBLIC
Shall mean a street or road assumed by the Carporatian which
has been constructed in such a manner so as to permit its
use by normal vehicular traffic.
2.123 STREET LINE
Shall mean the limit of the street or road allowance and
is the dividing line between a lot and a street or road.
2.124 STRUCTURE
.
Shall mean anything constructed or erected, the use of
which required location on the ground, or attached to. some-
thing having location on the ground and, without limiting
-37-
.
the generality af the faregoing, includes a vehicle as defined
in The Highway Traffic Act. Redges or fences of wood, wire
or masonry construction which have decorative purpose only
and which serve no structural purpose shall not be considered
structures when calculating front, rear and side yard depth.d
2.125 TAXI OFFICE AND WAITING ROOM
Shall mean a building or premises where chauffered automobiles
are kept for hire by the public.
2.126 TENT
Shall mean every kind of temporary shelter for sleeping that
is not permanently affixed to the site and that is capable
of being easity moved.
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2.127 TOURIST CAMP OR PARK
Shall mean and include a motor vehicle camp and any parcel
of land or premises used or maintained for the accammadation
of the public and any parcel of land or premises used or
maintained as a camping ar parking ground for the public
wether or not a fee or charge is paid ar made for the rental
of use thereof.
2.128 TOURIST HOME
Shall mean a private dwelling that is not part of or used
in canjunction with any other tourist establishment and in
which there are at least five rooms for rent to the tra-
velling ar vacationing public, whether rented regularly,
seasonally or occasionally.
.
-38-
2.129
TRAILER
.
Shall mean any vehicle that i.s at any time drawn upon a
highway by a motor vehicle, and shall be considered a
separate vehicle and nat part of the motor vehicle by which
it is drawn, EXCEPT an implement of husbandry, another motor
vehicle or any device or apparatus not designed to transport
persons ar property, temporarily drawn, propelled or moved
upon such highway.
.
2.130 TRAILER, MOBILE CAMPER
Shall mean any vehicle in which the assembly can be
erected, while stationary, using the trailer body and related
components for suppart and utilized for living, shelter and
sleeping accommodatian, with or without cooking facilities,
which is collapsible and compact while being drawn by a
motor vehicle.
2.131 TRAILER, MOBILE HOME
Shall mean any vehlcle so constructed as to be suitable for
attachment to a motor vehicle far the purpose of being
drawn or prapelled by the motor vehlcle, and capable of
being used for the living, sleeping or eating accommodation
of persons, notwithstanding that such vehicle is jacked up
or that its running gear is remaved.
.
2.132 TRUCK CAMPER
Shall mean any unit so canstructed that may be attached
upon a motor vehicle, as a separate unit, and capable of
being utilized for the living, sleeping or eating
accammodation of persons.
-39-
2. 133
TRUCK TERMINAL
.
Shall mean a building, structure or place where trucks or
transports are rented, leased, kept for hire, or stored or
parked for remuneration, or from which trucks or transports,
stored or parked on the property, are despatched for hire as
common carriers or which is a bonded or sufferance warehouse.
2.134 USE
Shall mean, when used as a noun, the purpose for which a lot
or building or structure, or any cambination thereof is
designed, arranged, intended, occupied or maintained and
"USES" shall have a corresponging meaning. "USE", when used
as a verb, or "TO USE" shall have a corresponding meaning.
2. 135 WATERCOURSE
~ Shall mean the natural channel for a perennial or intermittent
stream of water.
2.136 WATER FRONTAGE
Shall mean a piece of land fronting on and providing access
to a watercourse, bay ar lake.
2. 13 7 WATER SUPPLY
Shall mean an adequate distribution system of underground
piping and related storage, including pumping and purification
appurtenances operated by the Region and/or the Ministry
of the Environment and/or any public utilities commission
for public use.
.
-40-
2. 138
WATER SUPPLY PLANT
..
Shall mean a building ar structure, approved by the Ministry
of the Environment where water is treated for human con-
sumption.
2 . 139 WELL
Shall mean an undergraund source of water which has been
rendered accessible by the drilling or digging af a hole
from ground level to the water table and may include a
private piped system from a surface water source.
2. 140 WORKSHOP
.
Shall mean a building ar structure where manufacturing is
performed by tradesmen requiring manual or mechanical skills
and may include a carpenter's shop, a locksmith's shop, a
gunsmith's shop, a tinsmith's shop, a commercial welder's
shop, or similar uses.
2.141 YARD
.
2.142 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, ar the nearest
open storage use on the lot.
-41-
.
2.143 YARD, FRONT DEPTH
Shall mean the least horizontal dimension between the front
lot line of the lat and the nearest part of any building
or structure an the lot, or the nearest open storage use
on the lot.
2.144 YARD, REAR
Shall mean a yard extending acrass the full width of the lot
between the rear lot line of the lot and the nearest part
of any building or structure an the lot, or the nearest
apen storage use on the lat.
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2.145 YARD, REAR DEPTH
Shall mean the least harizontal dimension between the rear
lot line of the lot and the nearest part of any building or
structure on the lot, ar the nearest open storage use on
the lat.
2.146 YARD, REQUIRED
Shall mean the minimum yard required by the provisions of
this By-law.
2.147 YARD, SIDE
Shall mean a yard extending from the front yard to the rear
yard and fram the side lot line af the lat to. the nearest
part of any building or structure on the lot, or the nearest
open storage use on the lot.
2.148 YARD, SIDE, EXTERIOR
Shall mean a side yard immediately adjoining a public street.
-
-42-
.
2.149 YARD, SIDE, INTERIOR
Shall mean a side yard other than an exterior side yard.
2.150 YARD, SIDE, WIDTH
Shall mean the least horizontal dimension between the side
lot line af the lot and the nearest part af any building
or structure on the lot, or the nearest open storage use
on the lot.
2.151 ZONE PROVISIONS
.
The permissible uses, the minimum area and dimensions of
lots, the minimum dimensions of yards, the maximum floar
area ratio, the minimum setback, grass floor area, the
minimum landscaped open space, the maximum height af
buildings, minimum parking requirements, and all other
zone provisions are set aut within this By-law for the
respective zones.
-43-
.
SECTION 3
.
GENERAL PROVISIONS
The contents of this Section are:
(Pf) (. "
SUBSECTION
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
.
',.
ACCESSORY BUILDINGS, STRUCTURES AND USES
DWELLING UNITS BELOW GRADE
ESTABLISHED BUILDING LINE IN BUILT-UP AREA
EXTERNAL DESIGN
FLOODPLAIN
FRONTAGE ON PUBLIC STREET
GREATER RESTRICTIONS
HEIGHT EXCEPTIONS
HOME OCCUPATION
ILLUMINATION
LOADING SPACE REQUIREMENTS
LOTS HAVING LESS AREA AND/OR FRONTAGE
EXISTING BUILDINGS, STRUCTURES AND USES
NOXIOUS TRADE
PARKING AREA REGULATIONS
PLANTING STRIPS
PUBLIC USES
REDUCTION OF REQUIREMENTS
SIGHT TRIANGLES
SIGNS
SPECIAL USES PERMITTED
THROUGH LOTS
TRAILERS, MOBILE HOMES AND CAMPERS
-44-
3.1 ACCESSORY BUILDINGS STRUCTURES AND USES
~ a) 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 following:
i) any occupation for gain or profit conducted within or accessory
to a dwelling unit or on the lot, except as in this By-law is
specifically permitted, or,
ii) any building used for human habitation except as in this By-law is
specifically permitted,
iii) an open storage area
e
b) LOCATION
Except as otherwise provided herein, any accessory building, or structure
which is not part of the main building shall be erected to the rear of the
front yard and shall comply with the yard and setback requirements of the
Zone in which such building or structure is situated.
c) LOT COVERAGE AND HEIGHT
The total lot coverage of all accessory buildings and structures shall not
exceed 5 percent of the lot area, nor, shall the height of any accessory
building or structure exceed 15 feet.
d) ACCESSORY STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises,
retaining walls, fences which comply with the Corporation's Fence By-law,
signs which comply with the Corporation's Sign By-law, or similar uses
e
shall be permitted in any required yard or in the area between the street
line and the required setback.
- 45 -
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e) FIRE ESCAPES
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed fire escapes, in which the stair steps and floors are
latticed in such a manner that the proportion of voids to solids is not
less that two to one and in which guards consist of hand rails and the
structural members necessary to their support, may project into any
required yard a maximum distance of 4 feet.
f) GARAGES OR OTHER ACCESSORY BUILDINGS OR STRUCTURES
Notwithstanding any other provisions of this By-law to the contrary, an
attached or detached private garage or other accessory building may be
erected and used in an interior side or rear yard provided that:
.
i) INTERIOR SIDE YARD
When such accessory building is located in an interior side yard it
shall not be closer that 4 feet to the interior side lot line, EXCEPT
where a common semi-detached garage is being erected simultaneously
on both sides of the lot line, as one building, in which case no
interior side yard to the accessory building is required.
ii) REAR YARD
When such accessory building is located in a rear yard it shall not be
closer than 4 feet to the interior side lot line or rear lot line,
EXCEPT, where a common semi-detached garage is being erected
simultaneously on both sides of the interior lot line as one building
in which case no interior side yard to the accessory building is
required.
e
iii) REAR YARD WITH LANE ACCESS
When such accessory building is located in a rear yard it shall not be
closer than 4 feet to the interior side lot line or rear lot line,
EXCEPT, where a single detached private garage is being erected, with
directed access from a lane, in which case the structure shall not be
located closer than 4 feet to the interior side lot line and 8 feet to the
-46-
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rear lot line, or EXCEPT where a common semi-detached garage is being
erected simultaneously on both sides of the interior lot line, as one
building, with direct access from the lane, in which case no interior
side yard is required, but the structure shall not be located closer
than 8 feet to the rear lot line.
iv) RELATION TO STREET
All accessory buildings shall comply with the setback provisions
applicable to the principal or main building on the lot.
g) GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an industrial Zone, a gate house shall be permitted in a front
or side yard or in the area between the street line and the required setback.
h) ORNAMENTAL STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the
e contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters,
or other ornamental structures may project into any required yard or the
area between the street line and the required setback a maximum distance of
2 feet.
i) RAILWAY SPUR IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an Industrial Zone, a railway spur shall be permitted within
any required side or rear yard.
j) UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance of 5
feet, provided that in the case af porches, steps or patios such uses are
e
not more than 6 feet above grade. When located in an interior side yard
it shall not be closer than 4 feet to the interior side lot line.
-49-
.
3.2 DWELLING UNITS BELOW GRADE
a) CELLAR
No dwelling unit shall, in its entirety, be located in a cellar. If any
portion of a dwelling unit is located in a cellar, such portion of the
dwelling unit shall be used as a furnace room, laundry room, storage
room, recreation room or for a similar use only.
b) BASEMENT
However, a dwelling unit, in its entirety, may be located in a basement,
provided the finished floor level of such basement is not below the level
of the sanitary or storm sewer serving the building or structure in which
such basement is located and provided further, that the floor level of
such basement is not more than 2 feet below the adjacent finished grade.
.
ESTABLISHED BUILDING LINE IN BUILT-UP AREA
Notwithstanding the yard and setback provisions of this By-law to the contrary,
where a permitted building or structure is to be erected on a lot in a built
up area, where there is an established building line extending on both sides
of the lot, such permitted building or structure may be erected closer to the
street line, or the cenhreline of the street as the case may be, than required
by this by-law provided such permitted building or structure is not erected
closer to the street line or the centreline of the street, as the case may be,
than the established building line on the date of passing of this By-law.
3.4 EXTERNAL DESIGN
The following building materials shall not be used for the exterior vertical
3.3
facing on any wall of any residential building or structure within the
Corporation:
.
a) building paper;
b) asphalt roof-type sideing; or
c) insul brick siding.
-50-
3.5 FLOOD PLAIN
. NO person shall use any lot or erect, alter or use any building or structure
in a Flood Plain for any purpose except a golf course, a parking lot, a
private park, a public park, where such uses are permitted by this By-law
or a public use in accordance with the provisions of Section 3.17 hereof,
except that the provisions of this subsection shall not apply to prevent
the use of land in the RU Zone for normal agricultural production, exclusive
of dwellings.
3.6 FRONTAGE ON PUBLIC STREET
No person shall erect any building or structure in any Zone, unless the lot upon
e which such building or structure is to be erected fronts upon an improved public
street, and further, that such building or structure complies with the setback
provisions of this By-law.
3.7 GREATER RESTRICTIONS
This by-law shall not be effective to reduce or mitigate any restrictions law-
fully imposed by a governmental authority having jurisdiction to make such
restrictions.
3.8 HEIGHT EXCEPTIONS
Notwithstanding the height provisions herein contained, nothing in this By-law
shall apply to prevent the erection, alteration, or use of the following
accessory buildings or structures provided the main use is a use permitted within
the zone in which it is located: a church spire, a belfry, a flag pole, a clock
tower, a chimney, a water tank, a windmill, a radio or television tower or
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antenna, air conditioner duct, grain elevator, a barn or silo, incidental
equipment required for processing and external equipment associated with
internal building equipment.
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3.9
HOME OCCUPATION
.
The following regulations apply to a dwelling unit wherein a home occupation is
permitted:
a) No person other than a member of the family, is engaged in canvassing,
delivering, or as a go-between in distributing merchandise to customers.
b) There is no display, other than a legal sign, to indicate to persons
outside, that any part of the dwelling house, unit or lot is being used
for a purpose other than residential.
c) Such home occupation is clearly secondary to the main residential use and
does not change the residential character of the dwelling house or unit nor
create or become a public nuisance, in particular, in regard to noise,
traffic or parking.
d) Such home occupation does not interfere with television or radio reception
of others in adjacent buildings or structures.
e e) Not more than 25 percent of the gross floor area of the dwelling house
or unit is used for the purposes of home occupation.
f) Such home occupation shall not include a medical clinic, a private hospital,
a nursing home, an eating establishment or an animal hospital, but shall
include a business or professional office.
3. 10 ILLUMINATION
Lighting fixtures designed for exterior illumination shall be installed with
the light directed downward and deflected away from adjacent lots.
3.11 LOADING SPACE REQUIREMENTS
a) Loading or unloading spaces are required under this By-law, in accordance
with the Loading Space Requirement Table, and the owner of every building
or structure erected or used for any purpose involving the receiving,
shipping, loading or unloading of persons, animals, goods, wares,
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merchandise or raw materials shall provide and maintain on the lot loading
and 1'.nloa,ding spaces accordingly. Each loading or unhajing space shall
be 30 feet long, 12 feet wide and have a vertical clearance of at least
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14 feet. In addition, adequate space on the lot shall be provided for the
parking of vehicles awaiting access to the loading or unloading spaces.
LOADING SPACE REQUIREMENT TABLE
Area of Building
Loading Space
3,000 sq.ft. or less
1 space
Exceeding 3,000 sq.ft. but not 25,000 sq.ft.
Exceeding 25,000 sq.ft. but not 80,000 sq.ft.
Exceeding 80,000 sq.ft.
2 spaces
3 spaces
3_spac~s plusladqitional
spaee for e~ch additional
100,000 sq.f~. or fractional
part thereof in excess of
80,000 sq. ft.
b) ACCESS
Access to loading or unloading spaces shall be by means of a driveway
at least 20 feet wide contained on the lot in which the spaces are located
and leading to a street or lane located within the Zone in which the use
is located.
c) LOADING SPACE SURFACE
The driveways, loading and unloading spaces shall be maintained with a
stable surface which is treated so as to prevent the raising of dust or
loose particles. They shall, before being used, be constructed of crushed
stone, slag, gravel, crushed brick (or tile), cinders, asphalt, concrete,
or Portland cement binder and with provisions for drainage facilities.
d) LOCATION
The loading space or spaces required shall be located in the interior side
or rear yard unless such space or spaces are set back from the street line
a minimum distance of 100 feet.
e) ADDITIONS TO 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
floor area, as it existed at such date, is not increased. If .aR addition
is made to the building or structure which increases the floor area, then
additional loading space shall be provided as required by paragraph (a) of
this subsection for such addition.
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f) EXCEPTION
The provisions (a) of this subsection shall not apply to require the
establishment of loading spaces in the C3 Zone located along King Street
between Baldwin and Beaver Streets.
3.12 LOTS HAVING LESS AREA AND/OR FRONTAGE
Where a lot having a lesser lot area and/or lot frontage than required herein
is held under distinct and separate ownership from abutting lots as shown by
a registered conveyance in the records of the Registry or Land Titles Office,
at the date of the passing of this by-law or where such a lot is created as
e 3.13
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a result of an expropriation or the conveyance of land to an authority with
corporation powers.~y~h am~11er lot may be used and a building or structure
may be erected, altered or used on such smaller lot, provided that all other
requirements of this by-law are complied with.
EXISTING BUILDINGS, STRUCTURES AND USES
a) CONTINUATION OF EXISTING 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
A building, which at the date of passing of this by-law, was used for a
purpose not permissible within the Zone in which it is located, shall not
be enlarged, entended, reconstructed or otherwise structurally altered,
unless such building 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 lawfully used on the date of passing of this
By-law for a use that is not permitted within the Zone that such building
is located may be reconstructed or structurally altered, in order to render
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the same more convenient or commodious for the same purpose for which, at
the passing of this By-law, such building was used.
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 ppssing 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.
e) RECONSTRUCTION OF DAMAGED EXISTING BUILD~NGS QR STRUCTURE~
Nothing in this By-law shall apply to prevent the reconstruction of any
lawfuly non-conforming building or structure which is damaged by causes
beyond the control of the owner provided that the reconstruction does not
increase the building height, size or volume or change the use of such
building or structure.
f) BUILDING PERMIT ISSUED
The provisions of this By-law shall not apply to prevent the erection or
use, for a purpose prohibited by this By-law, of any building or structure,
the plans for which have prior to the date of passing of this By-law been
approved by the Building Inspector, so long as the building or structure
when erected is used and continues to be used for the purpose for which it
was erected and provided the erection of such building or structure is
commenced within two years after the date of the passing of this By-law
and such building or structure is completed within two years after the
erection thereof is commenced.
g) CHANGE OF USE
The use of a lot, building or structure which under the provisions hereof
is not permissible within the Zone in which such lot, building or structure
is located shall not be changed, except to a conforming use or to a use that
is similar to the purpose for which it was used or is more compatible with
the uses permitted by this By-law than the purpose for which it was
used at the date of the passing of this By-law, with the permission of the
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Town of Newcastle Committee of Adjustment.
h) SPECIAL EXEMPTION
Nothingin this by-law shall apply to prevent the completion and continued
use of any buildings or structures located on the subject lands shown as
"Special Exemption" on Schedule "A" of .this By-law provided that:
i) such buildings and structures were in existance or under
construction on June 25, 1974;
ii) such buildings and structures are provided with sanitary facilities
approved by the Durham Regional Health Unit;
iii) no building or structure is used for human habitation;
iv) the owner of the subject lands has entered into an agreement with the
Town of Newcastle which is registered on title to the effect that he
will not cause or permit any further development of the subject lands
to take place except in accordance with a subsequent agreement to
be entered into under the provisions of Section 35A of the Planning Act.
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3.14 NOXIOUS TRADE
~ No use shall be permitted which from its nature or the materials used therein
is declared by the Local Board of Health or Council of the Corporation to be
a noxious trade, business or manufacture under The Public Health Act or
Regulations thereunder, Chapter 377, R.S.O. 1970 as amended.
3.15 PARKING AREA REGULATIONS
a) PARKING AREA REQUIREMENTS
Parking spaces and areas are required under this By-law, in accordance with
the following 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 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.
e
PARKING SPACE REQUIREMENT TABLE
TYPE OR NATURE OF USE
Apartment Dwelling House
MINIMUM OFF-STREET PARKING REQUIREMENTS
1.5 Parking Spaces per Dwelling Unit
The greater of: (a) 1.0 parking spaces per 6 fixed seats
or fraction thereof.
(b) 1.0 parking spaces per 100 square
feet of gross floor area
(c) 1.0 parking spaces for each 4 persons
that can be accommodated at any
one time
Assembly Hall, Place of
Entertainment
Board, Lodging House
Business or Professional Office
Eating Establishment +
Home for the Aged
Hospital
Liquor Licensed Premises
Manufacturing or Processing Plant
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Medical Clinic
Motel + Tourist Establismnent +
1.0
Parking spaces per dwelling unit plus
1.0 parking spaces per guest room
Parking spaces per 200 square feet of
gross floor area.
Parking spaces per 100 square feet of
gross floor area.
Parking spaces for each 4 dwelling units
or 4 beds or fraction thereof.
Parking space per 4 beds or fraction thereof.
Parking spaces for each 4 persons that can
be accommodated at one time.
Parking spaces per 400 square feet of
manufacturing floor area.
Parking spaces per doctor, plus 1.0
parking spaces for each room exceeding 5
rooms per office.
Parking spaces per guest room.
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1.0
1.0
1.0
3.0
1.0
1.0
6.0
1.2
Place of Worship
1.0
Parking spaces per staff member.
Parking spaces per 5 beds or fraction
thereof.
Parking spaces per 60 square feet of
floor area in the nave.
Parking spaces per dwelling unit plus
1.0 parking spaces per guest room.
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Nursery School
Nursing Home
1.0
1.0
Residential, other than listed herein
1.0
Retail Commercial Establishment, Service
Shop
1.0 Parking spaces per 200 square feet of
gross floor area.
School
Tourist Camp or Park
The greateh o~: (a) 1.5 parking spaces per classroom, or
(b) 1.0 parking spaces per 35 square
feet of floor area in gym, or
(c) 1.0 parking spaces per 35 square feet
of floor area in auditorium.
1.0 Parking spaces for each Tent or Trailer
Space.
Uses permitted by this By-law other
than those listed in this table
1.0 Parking spaces per 400 square feet of
gross floor area.
1.0 Parking spaces per 400 square feet of gross
floor area.
+ In addition to the m~n~mum off street parking requirements for the use permitted, if
a Liquor Licenced Premise is contained within a portion thereof then additional parking
spaces shall be provided in accordance with the minimum off-street parking requirements
for Liquor Licenced Premises.
Workshop
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b) PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street
shall be maintained with a stable surface which is treated so as to prevent
the raising of dust or loose particles. They shall, before being used, be
constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders,
asphalt, concrete, Portland cement binder or like material and with provisions
for drainage facilities.
c) INGRESS AND EGRESS
i) Ingress and egress to and from the required parking spaces and areas shall
be provided by means of unobstructed driveways or passageways at least
10 feet but not more than 30 feet in perpendicular width.
ii) The maximum width of any joint ingress and egress driveway ramp measured
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along the street line shall be 30 feet.
iii) The minimum distance between any two driveways on one lot or between a
driveway and an intersection of street lines measured along the street
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line intersected by such driveway shall be 25 feet.
iv) The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
v) Every lot shall be limited to the following number of driveways:
a) up to the first 100 feet of frontage - not more than 2 driveways
with a combined width not exceeding 30 percent of the lot frontage, and
b) for each additional 100 feet of frontage - not more than 1 additional
driveway.
d) MORE THAN ONE USE ON A LOT
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirement for the separate parts of the building occupied by the separate
types of use.
e)
PARKING AREA LOCATION ON LOT
Notwithstanding the yard and setback provisions 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
as set out below.
ZONE
YARD IN WHICH REQUIRED PARKING
AREA PERMITTED
Open Space, Commercial
and Rural
All yards provided that no part of any
parking area, other than a driveway, is
located closer than 3 feet to any street
line.
Interior side and rear yard and one space
may be provided in the driveway, provided
that no part of any parking area, other than
a driveway, is located closer than 3 feet
to any street line and provided further
that a parking area, other than a driveway,
for a Residential use containing three or
more dwelling units is located in no other
yard that the rear yaLd.
All yards, provided that no part of any
parking area, other than a driveway, is
located closer than 25 feet to any street
line and no closer than 10 feet to any side
lot line.
Residential except an Apartment
Dwelling House
Residential-Apartment
Dwelling House
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Industrial
Interior side and rear yards only, except for
visitor parking provided that no part of
any parking area, other than a driveway is
located closer than 3 feet to any street
line.
f) ADDITION TO BUILDINGS
The parking 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
floor area, AS IT EXISTED AT SUCH DATE, IS NOT INCREASED. If an addition is
made to the building or structure which increases the floor area, then parking
space for the addition shall be provided as required by the Parking Space
Requirement Table.
g) 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 licensed 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; provided,however, no
person shall use any lot, in any Residential Zone, for the parking or storage
of more than one of any commercial motor vehicle in excess of one-half ton
capacity, EXCEPT that one commercial motor vehicle, not exceeding one ton...
may be stored in a private garage.
h) PARKING SPACE LOCATED ON OTHER LOT
Where the owner of a building or structure proposes to provide the required
parking spaces and areas in a location other than on the same lot as the
use that requires such spaces and areas, then such shall be located not more
than 500 feet from the said lot and shall be located within the same Zone as
the said Lot.
i) DERELICT MOTOR VEHICLES
Derelict motor vehicles, which are unlicensed and/or in disrepair, making
their normal use impossible or their repair financially impractical, shall not
be parked or stored in any zone other than on the premises where the storage
of such vehicles is accessory to a business lawfully conducted on the premises,
provided that no vehicles shall be parked or stored for more than 90 days.
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3.16
PLANTING STRIPS
a) LOCATION
Where a lot in a Commercial or Industrial Zone is opposite a Residential
Zone or abuts a side or rear lot line in a Residential Zone, or where a lot
in a Commercial or Industrial Zone is opposite a Residential Zone or where
an apartment building abuts another residential use of lower density, then
a planting strip adjoining such abutting lot line, or portion thereof,
shall be provided on the Commercial or Industrial lot with a minimum width
of 10 feet.
b) PREREQUISITE
Where a planting strip is required on a lot, such lot shall be used for no
other purpose than that which existed at the date of passing of this By-law,
unless and until the required planting strip is planted.
c) CONTENTS
A planting stirp shall consist of at least a continuous unpierced hedgerow
of trees, evergreens or shrubs, not less than 6 feet high, immediately
adjoining the lot line or portion thereof along which such planting strip is
required.
d) MAINTENANCE
Where a planting strip is required it shall be planted, nurtured and
maintained by the owner or owners of the lot on which the strip is located.
e) LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
3.17 PUBLIC USES
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a) PUBLIC USE
Except as otherwise provided in paragraph (b) of this subsection, provisions
of this By-law shall not apply to the use of any lot or the erection or use
of any building or structure for the pruposes of a Public Use.
b) LOCATION
i) SPECIFICALLY PERMITTED
Where in this By-law under the heading of "PERMITTED USES IN ZONES" A
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public use is specifically permitted within a Zone, then such use shall
. only be permitted within that Zone or Zones.
ii) NOT SPECIFICALLY PERMITTED
Where, in this By-law a public use is not specifically referred to in
any Zone, then such public use shall be permitted in any Zone.
c) PROVISIONS
Where such lot, building or structure is located in any Zone for a public
use, then the following shall apply:
i) no goods, material or equipment shall be stored in the open, except
as permitted in such zone.
ii) any Zone Provisions of the Zone in which the use is located shall be
complied with except as otherwise provided in paragraph (d).
d) STREET AND INSTALLATIONS
Nothing in this By-law shall prevent land to be used as a street or prevent
e
the installation of a watermain, sanitary sewer main, storm sewer main,
gas main, pipe line or overhead or underground hydro, telephone or other
supply and/or communication line, provided that the location of such
main or line has been approved by the Corporation.
3.18 REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any lot or building is used, or
erected any building, or structure, or addition to any existing building, 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 contraven-
tion of this By-law.
3.19 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,
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each such point being 30 feet measured along the street line from the point
of intersection of the street lines no building or structure which would
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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
3 feet in height. Such triangular space may hereinafter be called "sight
triangle". 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. The requirements of this subsection shall not
apply to the C3 zone.
3.20 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 Corpora-
tion regulating signs.
3.21 SPECIAL USES PERMITTED
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A tool shed construction trailer, scaffold or other building or structure
incidental to construction is permitted in all Zones within the Corporation on
the lot where it is situated and only for so long as it is necessary for the
work in progress and until the work is completed or abandoned. For the
purpose of this section, abandoned shall mean the failure to proceed expedi-
tiously with the construction work.
3.22 THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the
setback and 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.
.
3.23 TRAILERS, MOBILE HOMES AND CAMPERS
a) PARKING AND STORAGE
The parking and storage of trailers, mobiilie homes, motorized mobile homes,
truck campers and camper trailers shall be prohibited in all zones, EXCEPT
where such vehicle is parked or stored on the owner's lot or where, in
this By-law, such use is specifically permitted.
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SECTION 4 ZONES AND ZONE PROVISIONS
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:
ZONE
SYMBOL
OS
RU
RR
ER
RIA
R1
R2
R3
CF
CI
C2
C3
C4
M1
M2
M3
Open Space Zone
Rural Zone
Rural Residential Zone
Estate Residential Zone
Residential Type 1A Zone
Residential Type I Zone
Residential Type 2 Zone
Residential Type 3 Zone
Community Facility Zone
Local Commercial Zone
4.2
Highway Commercial Zone
General Commercial Zone
Recreational Commercial Zone
Restricted Industrial Zone
General Industrial Zone
Waste Disposal Industrial Zone
PERMITTED USES AND ZONE PROVISIONS
For each zone listed in Section 4(1) hereof, there shall be a section of this
By-law which sets out the permitted uses and the zone provisions for such
zone.
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SEr:TION 5
OPEN SPACE (OS) ZONE
5.1 PERMITTED USES
5.2
No person shall within any OS Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following OS use, namely:
(a) RESIDENTIAL USES
A single family dwelling house, if occupied by the owner, caretaker,
watchman or other similar person and his family, if employed on the
lot on which such dwelling house is located.
(b) NON-RESIDENTIAL USES
a farm
a golf course
a marina
a public park
ZONE PROVISIONS
No person shall within any OS Zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
(i) residential uses on fully serviced interior lot
(ii) residential uses on fully servied corner lot
(iii) residential uses on public water and septic tank
or private wells and sanitary sewers
(iv) residential uses on private well and septic tank
(v) non-residential uses
6,000 sq.ft.
8,400 sq.ft.
12,000 sq. ft .
24,000 sq.ft.
Nil
(b) LOT FRONTAGE (MINIMUM)
(i) residential use on fully serviced interior lot
(ii) residential use on fully serviced corner lot
(iii) residential use on public water and septic tank
or private well and sanitary sewers
(iv) residential use on private wells and septic tank
(v) non-residential uses
50 ft.
70 ft.
100 ft.
120 ft.
Nil
(c) FRONT YARD (MINIMUM)
25 ft.
(d) INTERIOR SIDEYARD (MINIMUM)
(i) residential uses
10 feet on one side,
4 feet on the other side,
plus 2 feet on the narrow
side for each additional
or partial storey above
the first provided that
where a garage or carport
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is attached to or is
within the main building
or the lot is a corner
lot, the minimum width of
the interior sideyard
shall be 4 feet plus 2
feet for each additional
or partial storey above
the first.
(ii) non-residential uses
(iii) public use
25 ft.
20 ft.
25 ft.
25 ft.
1,200 sq.ft.
(e) EXTERIOR SIDEYARD (MINIMUM)
(f) REAR YARD (MINIMUM)
(g) DWELLING UNIT AREA (MINIMUM)
(h) FLOOR AREA RATIO (MAXIMUM)
(i) residential use on public water and sanitary
sewers 0.40
(ii) residential use on public water and septic
tank or private well and sanitary sewers 0.20
e (iii) residential use on private well and septic
tank 0.10
(iv) non-residential uses Nil
(v) public use on public water and sanitary sewers 0.50
(vi) public use on public water and septic tank
or private well and sanitary sewers 0.35
(vii) public use on private wells and septic tank 0.25
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401 195 feet
~b ~ Highwar 112 88 feet
c Reg10na Road 58 feet
(d) Other Road 58 feet
(j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of Lot Area
(k) DWELLING UNITS PER LOT (MAXIMUM) 1
(1) BUILDING HEIGHT (MAXIMUM) 35 feet
(m) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
5.3
USES PERMITTED IN OS-l ZONE
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The OS-l Zone is a SPECIAL USE AREA, where all uses in an OS Zone are
permitted, except that no permanent buildings or structures are permitted
unless for flood control.
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SECTION 6
RURAL (RU) ZONE
,
9.1 PERMITTED USES
No person shall within any RU Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more af the following RU
uses, namely:
(a) RESIDENTIAL USES
a single family"dwelling
an existing seasonal dwelling house
(b) NON-RESIDENTIAL USES
a farm
a farm produce retail outlet
a golf course
a greenhouse
a home occupation
a public park
6.2 ZONE PROVISIONS
No person shall within any RU zone use any lot ar erect, alter ar use any
building or structure except in accordance with the following provisions:
(a) LOT AREA (MINIMUM)
(i) residential uses
(ii) non-residential uses
25 acres
Nil
(b) LOT FRONTAGE (MINIMUM)
(i) residential uses
(ii) non-residential uses
660 feet
Nil
(c) FRONT YARD (MINIMUM)
(d) INTERIOR SIDEYARD (MINIMUM)
(i) residential uses
25 feet
10 feet on one side, 4
feet an the ather plus 2
feet on the narraw side for
each additional or partial
starey above the first,
provided that where a garage
or carport is attached to or
is within the main building,
or the lot is a corner lot, the
minimum width of the interior
sideyard shall be 4 feet plus
2 feet for each additional or
partial storey above the first.
(ii) non-residential
(iii) public use
(e) EXTERIOR SIDE YARD (MINIMUM)
(f) REAR YARD (MINIMUM)
25 feet
20 feet
25 feet
25 feet
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(g) DWELLING UNIT AREA (MINIMUM)
(h) FLOOR AREA RATIO (MAXIMUM)
(i) residential uses
(ii) non-residential uses
(iii) public use on public water and sanitary sewers
(iv) public use on public water and septic tank or
private well and sanitary sewer
(v) public use on private well and septic tank
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401
(b) Highway 2
(c) Regional Road
(d) Other Road
(j) LANDSCAPED OPEN SPACE (MINIMUM)
(i) residential uses
(ii) non-residential uses
(k) DWELLING UNITS PER LOT (MAXIMUM)
e
(1) BUILDING HEIGHT (MAXIMUM)
(m) ENLARGING OF FARM
1,500 sq.ft.
0.01
Nil
0.50
0.35
0.25
195 feet
88 feet
58 feet
58 feet
5% of lot area
30% of lot area,
except that no
landscaped open space
is required for farms
or specialized farms
1, except that on any
lot having an area of
at least 100 acres and
used primarily for
farming, not more than
two detached single
family dwelling houses,
including the farm
house, may be erected,
altered or used if used
only for the accommodation
of persons employed full
time on such farm and
provided further that
any single family dwell-
ing house so erected,
altered or used shall
have a minimum of 20
feet between such
dwellings.
35 feet
Notwithstanding any prov~s~ons of this By-law to the contrary, when a
farmer enlarges his farm by acquiring another farm in the Rural Zone
and the acquired farm has located thereon a detached single-family
dwelling house, then the new owner may make application under Section 29
of the Planning Act, to separate from the enlarged farm a lot on which
one of the dwelling houses is located, provided the lot complies with
the provisions of this By-law for the RR Zone.
e
-67-
.
e
e
(n) EXISTING SINGLE FAMILY DWELLINGS
Notwithstanding any provisions of this By-law to the contrary, nothing
shall prevent the continued use of a single family detached dwelling
which existed at the date of passing of this By-law,together with any
alterations thereto made after the date of passing of this By-law,
provided that such alterations or extensions satisfy the minimum
provisions for a single family dwelling house in an RR Zone, except
for lot area, ground floor area and floor area ratio.
(0) EXISTING SEASONAL DWELLING HOUSE
Notwithstanding any provisions of this By-law to the contrary, nothing
shall prevent the continued use of a seasonal dwelling house which
existed at the date of passing of this By-law, together with any
alterations thereto made after the date of passing of this By-law,
provided that such alterations or extensions satisfy the minimum
provisions for a single family dwelling house in an RR Zone, except for
lot area, ground floor area and floor area ratio.
(p) LOTS ABUTTING RU-1 ZONE
Notwithstanding any prOV1S1ons of this By-law to the contrary, no
residential use shall be permitted within 1,500 feet of the RU-1 Zone.
(q) LOTS ABUTTING M3 ZONE
Notwithstanding any prOV1S10ns of this By-law to the contrary, no
residential use shall be permitted within 500 feet of an M3 Zone.
(r) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
6.3 USES PERMITTED IN RU-1 ZONE
A specialized farm, as defined in this By-law,
, shall be permitted in lot 30 concession 1 in the RU-l Zone as
delineated on Schedule "A" Zone Map.
-68-
e
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.e
SECTION 7
RURAL RESIDENTIAL (RR) ZONE
7.1 PERMITTED USES
No person shall within any RR Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following RR
uses, namely:
(a) RESIDENTIAL USES
a single family dwelling
an existing seasonal dwelling house
(b) NON-RESIDENTIAL USES
a home occupation
7.2 ZONE PROVISIONS
No person shall within any RR Zone use any lot or erect, alter or use any
builidng or structure except in accordance with the following provisions:
(a) LOT AREA (MINIMUM)
(i) lot with public water and septic tank or private well and
sanitary sewers
(ii) lot with private well and septic tank
(iii) non-residential uses
(b) LOT FRONTAGE (MINIMUM)
(i) lot with public water and septic tank or private
well and sanitary sewers
(ii) lot with private well and septic tank
(iii) non-residential uses
(c) FRONT YARD (MINIMUM)
(d) INTERIOR SIDE YARD (MINIMUM)
(i) residential use
~ acre
1 acre
Nil
120 feet
150 feet
Nil
25 feet
10 feet on one side
4 feet on the other
plus 2 feet on the
narrow side for each
additional or part-
ial storey above the
first provided that
where a garage or
carport is attached
to or is within the
main building, or
the lot is a corner
lotrthe minimum
width of the
interior sideyard
shall be 4 feet
plus 2 feet for each
additional or partial
storey above the
first
-69-
e (ii) public use 20 feet
(MINIMUM )
(e) EXTERIOR SIDE YARD 25 feet
(f) REAR YARD (MINIMUM) 25 feet
(g) DWELLING UNIT AREA (MINIMUM) 1,500 sq.ft.
(h) FLOOR AREA RATIO.. (MAXIMUM)
(i) residential use 0.10
(ii) public use on public water and sanitary sewer 0.50
(iii) public use on public water and septic tank or
private well and sanitary sewers 0.35
(iv) public use on private well and septic tank 0.25
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401 195 feet
(b) Highway 2 88 feet
(c) Regional Road 58 feet
(d) Other Road 58 feet
(j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area
(k) DWELLING UNITS PER LOT (MAXIMUM) 1
e (1) BUILDING HEIGHT (MAXIMUM) 35 feet
(m) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
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-70-
SECTION 8
RESIDENTIAL TYPE 1A (RIA) ZONE
. 8. 1 PERMITTED USES
No person shall within any RIA Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
RIA uses, namely:
(a) RESIDENTIAL USES
a single family dwelling
(b) NON-RESIDENTIAL USES
a home occupation
8.2 ZONE PROVISIONS
No person shall within any RIA Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
e
(a) LOT AREA (MINIMUM)
(i) residential lot on public water and sanitary sewer
(ii) residential lot on public water and septic tank
or private well and. sanitary sewer
(iii) non-residential uses
(b) LOT FRONTAGE (MINIMUM)
(i) residential lot with public water and sanitary sewers
(ii) resid~n. tial lot with public water and septic tank
or pr~vate well and sanitary sewer
(iii) non-residential uses
(c) FRONT YARD (MINIMUM)
9,000 sq.ft.
14,400 sq.ft.
Nil
75 feet
120 feet
Nil
25 feet
(d) INTERIOR SIDE YARD (MINIMUM)
(i) residential uses
10 feet on one side,
4 feet on the other
side, plus 2 feet on
the narrow side for
each additional or
partial storey above
the first, provided that
where a garage or
carport is attached to
or is within the main
building, or the lot is
a corner lot, the
minimum width of the
interior side yard
shall be 4 feet plus 2
feet for each additional
or partial storey above
the first
.
(ii) public use
(e) EXTERIOR SIDE YARD (MINIMUM)
(f) REAR YARD (MINIMUM)
20 feet
25 feet
25 feet
-71-
.
(g)
(h)
DWELLING UNIT AREA (MINIMUM)
FLOOR AREA RATIO (MAXIMUM)
(i) residential use on public water and sanitary
sewers
(ii) residential use on public water and septic
tank or private well and sanitary sewers
(iii)
(iv)
public use on public water and sanitary sewer
public use on public water and septic tanks or
private well and sanitary sewers
public use on private well and septic tank
1,500 sq. f t.
0.40
0.20
0.50
0.35
0.25
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Provincial Highway 88 feet except that where
the lands are opposite the
MacDonald-Cartier Freeway,
the minimum setback from
the street centreline
shall be increased to
195 feet
.
(j)
(k)
(l)
(m)
.
(v)
58 feet
58 feet
30% of lot area
1
35 feet
(b) Regional Road
(c) Other Road
LANDSCAPED OPEN SPACE (MINIMUM)
DWELLING UNITS PER LOT (MAXIMUM)
BUILDING HEIGHT (MAXIMUM
GENERAL PROVISIONS
In accordance with the provisions af Section 3 hereof.
-72-
e
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SECTION 9 RESIDENTIAL TYPE 1(R1) ZONE
9.1 PERMITTED USES
No persons shall within any R1 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
R1 uses, namely:
(a) RESIDENTIAL USES
a single family dwelling
(b) NON-RESIDENTIAL USES
a home occupation
9.2 ZONE PROVISIONS
No persons shall within any R1 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a) LOT AREA
(i) residential use on interior lot with public water
and sanitary sewers
(ii) residential use on corner lot with public water
and sanitary sewers
(iii) residential use on lot with public water and
septic tank or private well and sanitary sewers
(iv) non-residential uses
7,200 sq.ft.
8,400 sq.ft.
iO,800 sq.ft.
Nil
(b) LOT FRONTAGE
(i) residential use on interior lot with public
water and sanitary sewers
(ii) residential use on corner lot with public water
and sanitary sewers
(iii) residential use on public water and septic tank
or private well and sanitary sewers
(iv) non-residential uses
60 feet
70 feet
90 feet
Nil
(c) FRONT YARD (MINIMUM)
(d) INTERIOR SIDE YARD (MINIMUM)
(i) residential use
25 feet
10 feet on one side, 4
feet on the other side
plus 2 feet on the narrow
side for each additional
or partial storey above
the first provided that
where a garage or carport
is attached to or is within
the main building, or the
lot is a corner lot, the
minimum width of the interior
side yard shall be 4 feet
plus 2 feet for each add-
itional or partial storey
above the first
-73-
. (it) public use 20 feet
(e) EXTERIOR SIDE YARD (MINIMUM) 25
feet
(f) REAR YARD (MINIMUM) 25 feet
(g) DWELLING UNIT AREA (MINIMUM) 1,200 sq.ft.
(h) FLOOR AREA RATIO (MAXIMUM)
(i) residential use on public water and sanitary
sewers 0.40
(ii) residential use on public water and septic
tank or private well and sanitary sewers 0.20
(iii) public use on public water and sanitary sewers 0.50
(iv) public use on public water and septic tanks or
private well and sanitary sewers 0.35
(v) public use on private well and septic tank 0.25
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401 195 feet
(b) Highway 2 88 feet
(c) Regional Road 58 feet
(d) Other Road 58 feet
(j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area
e (k) DWELLING UNITS PER LOT (MAXIMUM) 1
(1) BUILDING HEIGHT (MAXIMUM) 35 feet
(m) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
9.3 USES PERMITTED IN R1-1 ZONE
Notwithstanding any provision of this By-law to the contrary, an existing
nursery school shall be a permitted use in the R1-1 zone.
.
-74-
SECTION 10
RESIDENTIAL TYPE 2 (R2) ZONE
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10.1 PERMITTED USES
No person shall within any R2 zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following R2 uses, namely:
(a) RESIDENTIAL USES
a single family dwelling
a duplex dwelling house
a converted dwelling house
a boarding or lodging house
(b) NON-RESIDENTIAL USES
a home occupation
10.2 ZONE PROVISIONS
No person shall within any R2 zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) LOT AREA (MINIMUM)
(i) single family dwelling on interior lot with public
water and sanitary sewers 6,000 sq.ft.
(ii) single family dwelling on corner lot with public
water and sanitary sewers 8,400 sq.ft.
e (iii) single family dwelling on public water and
septic tank or private well and sanitary sewers 12,000 sq.ft.
(iv) single family dwelling on private well and
septic tank 24,000 sq.ft.
(v) all other permitted residential uses on
interior lots with public water and sanitary
sewers 7,200 sq.ft.
(vi) all other permitted residential uses on corner
lots with public water and sanitary sewers 8,400 sq.ft.
(vii) public use Nil
(b) LOT FRONTAGE (MINIMUM)
(i) single family dwelling on interior lot with
public water and sanitary sewers 50 feet
(ii) single family dwelling on corner lot with
public water and sanitary sewers 70 feet
(iii) single family dwelling on public water and
septic tank or private well and sanitary sewers 100 feet
(iv) single family dwelling on private well and
septic tank 120 feet
(v) all other permitted residential uses on interior
lots with public water and sanitary sewers 60 feet
(vi) all other permitted residential uses on corner
lots with public water and sanitary sewers 70 feet
(vii) public use Nil
. (c) FRONT YARD (MINIMUM) 25 feet
-75-
(h) FLOOR AREA RATIO (MAXIMUM)
(i) residential use on public water and
sanitary sewers
(ii) single family dwelling on public water and
septic tank or private well and
sanitary sewers
(iii) single family dwelling on private well and
septic tank
(iv) public use on public water and sanitary
sewers
(v) public use on public water and septic tanks or
private well and sanitary sewers
(vi) pubiic use on private well and septic tank
e
(d) INTERIOR SIDE YARD (MINIMUM)
(i) single family dwelling, converted
dwelling, boarding or lodgeing
house
(ii) duplex dwelling house
e
(iii) public use
(e) EXTERIOR SIDE YARD (MINIMUM)
(f) REAR YARD (MINIMUM)
(g) DWELLING UNIT AREA (MINIMUM)
.
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401
(b) Highway 2
(c) Regional Road
(d) Other Road
10 feet on one side, 4 feet
on the other side plus 2 feet
on the narrow side for each
additional or partial
storey above the firsu prov-
ided that where a garage or
carport is attached to, or
is within the main building,
or the lot is a corner lot,
the minimum width of the
interior side yard shall be
4 feet plus 2 feet for each
additional or partial storey
above the first
12 feet on each side,
provided that where a garage
or carport is attached to
or is within the main build-
ing or the lot is a corner
lot, the minimum width of
the interior side yard shall
be 4 feet plus 2 feet for
each additional or partial
storey above the first
20 feet
25 feet
25 feet
1,200 sq.ft.
0.40
0.20
0.10
0.50
0.35
0.25
195 feet
88 feet
58 feet
58 feet
-76-
.
(j) LANDSCAPED OPEN SPACE (MINIMUM)
(k) DWELLING UNITS PER LOT (MAXIMUM)
(l) BUILDING HEIGHT (MAXIMUM)
30% of lot area
1
35 feet
Cm) SPECIAL YARD PROVISIONS
Any dwelling house containing not less than 1,000 square feet of
dwelling unit area, erected prior to the date of passing of this
By-law and having a setback or one or more yards that is or are
less than required under the provisions of this By-law for
converted dwelling houses, may be altered to a converted dwelling
house, provided that the setback or the yard or yards that are less
than required are not further reduced.
(n) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
.
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-77-
SECTION 11
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RESIDENTIAL TYPE 3(R3) ZONE
11.1 PERMITTED USES
No person shall within any R3 zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following R3 uses, namely:
(a) RESIDENTIAL USES
a single family dwelling
a duplex dwelling house
a converted dwelling house
a boarding or lodging house
an apartment dwelling house
(b) NON-RESIDENTIAL USES
a home occupation
11.2 ZONE PROVISIONS
No person shall within any R3 zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
(i)
e (ii)
(iii)
(iv)
(v)
(vi)
(vii)
single family dwelling on interior lot with public
water and sanitary sewers
single family dwelling on corner lot with public
water and sanitary sewers
single family dwelling on public water and septic
tank or private well and sanitary sewers
single family dwelling on private well and
septic tank
duplex dwelling house,converted dwelling house,
boarding or lodging house on interior lots
with public water and sanitary sewers
duplex dwelling house, converted dwelling
house, boarding or lodging house on corner lots
with public water and sanitary sewers
apartment dwelling house on public water and
sanitary sewers
(viii) public use
(b) LOT FRONTAGE (MINIMUM)
(i) single family dwelling on interior lot with
public water and sanitary sewers
(ii) single family dwelling on corner lot with
public water and sanitary sewers
e
6,000 sq. ft.
8,400 sq.ft.
12,000 sq.ft.
24,000 sq.ft.
7,200 sq. ft.
8,400 sq.ft.
1,000 sq.ft.
per dwelling unit
plus 500 square
feet per bedroom
Nil
50 feet
70 feet
-78-
.
(iii) single family dwelling on public water
and septic tank or private well and sanitary
sewers
(iv) single family dwelling on private water and
septic tank
(v) duplex dwelling house. converted dwelling
house, boarding or lodging house on interior
lot with public water and sanitary sewer
(vi) duplex dwelling house, converted dwelling
house, boarding or lodging house on corner
lot with public water and sanitary sewers
(vii) apartment dwelling house on public water and
sanitary sewers
(viii) public use
(c) FRONT YARD (MINIMUM)
(d) INTERIOR SIDE YARD (MINIMUM)
(i) single family dwelling, converted dwelling,
boarding or lodging house
e
(ii) duplex dwelling house
e
(iii) apartment dwelling house
100 feet
120 feet
60 feet
70 feet
120 feet
Nil
25 feet
10 feet on one side,
4 feet on the other
side, plus 2 feet
on the narrow side
for each additional
or partial storey
above the first
provided that where
a garage or carport
is attached to or
is within the main
building, or the
lot is a corner lot,
the minimum width of
the interior side
yard shall be 4 feet
plus 2 feet for each
additional or partial
storey above the
first
12 feet on each side
provided that where
a garage or carport
is attached-,to or is
within the main
building or the lot is a
corner lot the mini-
mum width of the
interior side yard
shall be 4 feet plus
2 feet for each add-
itional or partial
storey above the
first
25 feet except that
where an end wall
contains no habitable
-79-
unit containing one bedroom
unit containing two bedrooms
unit containing three
unit containing more than
.
(iii) public use
(e) EXTERIOR SIDE YARD (MINIMUM)
(f) REAR YARD (MINIMUM)
(i) apartment house
(ii) all ather permitted uses
(g) DWELLING UNIT AREA (MINIMUM)
(i) apartment house
Minimum for a dwelling
Minimum for a dwelling
Minimum for a dwelling
bedrooms
Minimum for a dwelling
three bedrooms
(ii) all other permitted residential uses
. (h) DWELLING AREA RATIO (MAXIMUM)
(i) apartment dwelling house on public water
and sanitary sewers
(ii) other permitted residential uses on public
water and sanitary sewers
(iii) single family dwelling on public water and
septic tank or private well and sanitary
sewers
(iv) single family dwelling on private well and
septic tank
(v) public use on public water and sanitary sewers
(vi) public use on public water and septic tank
or private well and sanitary sewers
(vii) public use on private well and septic tank
(i)
SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401
(b) Highway ff2
(c) Regional Road
(d) Other Road
LANDSCAPED OPEN SPACE (MINIMUM)
(j)
(i) apartment dwelling house
(ii) other permitted uses
e
(k) DWELLING UNITS PER LOT (MAXIMUM)
(1) BUILDING HEIGHT (MAXIMUM)
(i) apartment building
(ii) other permitted uses
room window the int-
erior side yard may
be reduced to 15 feet
20 feet
25 feet
35 feet
25 feet
600 sq. ft.
700 sq.ft.
900 sq. ft.
900 sq.ft. plus
100 sq.ft. for each
bedroom in excess
of three
1,200 sq.ft.
1.0
0.40
0.20
0.10
0.50
0.35
0.25
195 feet
88 feet
58 feet
58 feet
35% of lot area
30% of lot area
1
40 feet
35 feet
-80-
.
(m) SPECIAL YARD PROVISIONS
Any dwelling house containing not less than 1,000 square feet of dwelling
unit area, erected prior to the date of passing of this By-law and having
a setback or one of more yards that is or are less than required under
the provisions of this By-law for converted dwelling houses, may be
altered to a converted dwelling house, provided that the setback or the
yard or yards that are less than required are not further reduced.
(n) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
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-81-
COMMUNITY FACILITY (CF) ZONE
SECTION 12
e
l2. 1
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12.2
PERMITTED USES
No person shall within any CF Zone use any lat or erect, alter
or use any building or structure for any purpose except one or
more of the following CF uses, namely:
(a) RESIDENTIAL USES
prohibited
(b) NON-RESIDENTIAL USES
an arena
an assembly hall
a cemetery
a home for the aged
a municipal office
a nursing home
a place of entertainment
a place of worship
a post office
a provincial building
a public park
a school
ZONE PROVISIONS
No person shall within any CF Zone use any lot or erect, alter or
use any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
(b) LOT FRONTAGE (MINIMUM)
(c) FRONT YARD (MINIMUM)
(d) INTERIOR SIDEYARD (MINIMUM)
(e) EXTERIOR SIDE YARD (MINIMUM)
(f) REAR YARD (MINIMUM)
(g) FLOOR AREA RATIO (MAXIMUM)
(i) public use on lot with public water and
sanitary sewers
public use on lot with public water and
septic tank or private well and sanitary
sewers
public use on lot with private well and
septic tank
other permitted use on lot with public
water and sanitary sewers
ather permitted use on lot with public
water and septic tank or private well and
sanitary sewers
other permitted use on lot with private
well and septic tank
(ii)
(iii)
(iv)
. (v)
(vi)
Nil
Nil
25 ft.
20 ft.
25 ft.
25 ft.
0.50
0.35
0.25
2.00
0.35
0.25
-82-
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(h) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401
(b) Highway 2
(c) Regional Road
(d) Other Road
195 ft.
88 ft.
58 ft.
58 ft.
(i) LANDSCAPED OPEN SPACE (MINIMUM)
(j) BUILDING HEIGHT (MAXIMUM)
(k) EXISTING BOWLING ALLEY
30% of lot area
35 ft.
Notwithstanding any provision of this By-law
to the contrary, the existing bowling alley in
the Community Hall shall be a permitted use.
(1) GENERAL PROVISIONS
In accordance with the provisions of Section 3
hereof.
12.3 USES PERMITTED IN CF-l ZONE
In the CF-l Zone only, a nursery school in an existing church
or parish hall shall be a permitted use.
.
12.4
SPECIAL PROVISION FOR CF-2 Zone
Notwithstanding any provision of this By-law to the contrary, the lands
designated CF-2 on the attached Schedule "A" hereto shall be used for no
other purpose than an arena, in accordance with "the following provisions.
In the case of a conflict between the regulations hereinafter set out
and any other provisions of this By-law, the provisions of this subsection
will apply, but in the event that this subsection is silent on anv matter,
then the provisions of subsectian 12.2 shall apply.
(a) FRONT YARD (minimum) 1 ft.
(b) INTERIOR SIDE YARD (minimum) 2 ft.
(c) EXTERIOR SIDE YARD (minimum) 6 ft.
'Cd) REAR YARD (minimum) 25 ft.
(e) FLOOR AREA RATIO (maximum) 0.70
(f) SETBACK FROM STREET CENTRELINE (minimum) 34 ft.
(g) LANDSCAPED OPEN SPACE (minimum) 30 % of lot area.
(h) HEIGHT OF BUILDING (maximum) 35 ft.
(i) PARKING REQUIREMENTS (minimum) 1.0 spaces for each six
fixed seats or fraction
. thereof
-83-
.
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13.1
SECTION 13
PERMITTED USES
LOCAL COMMERCIAL (Cl) ZONE
No person shall within any Cl Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of
the following Cl uses, namely:
(a) RESIDENTIAL USES
a single family dwelling house, if occupied by the owner,
caretaker, watchman or other similar person and his family,
if employed on the lot on which such dwelling house is
located.
a dwelling unit in a non-residential building.
(b) NON-RESIDENTIAL USES
a convenience store.
13.2 ZONE PROVISIONS
No person shall within any Cl Zone use any lot or erect, alter or
use any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
(i)
(ii)
(iii)
(iv)
(vi)
(vii)
(viii)
(v)
public use
single family dwelling on interior
lot with public water and sanitary sewers
single family dwelling on corner lot
with public water and sanitary sewers
single family dwelling on public water
and septic tank or private well and
sanitary sewers
single family dwelling on private well
and septic tank
other permitted uses on public water
and sanitary sewers
other permitted uses on public water
and septic tank or private well and
sanitary sewers
other permitted uses on private well
and septic tank
(b) LOT FRONTAGE (MINIMUM)
(i)
(ii)
( i-ii)
public use
single family dwelling on interior lot
with public water and sanitary sewers
single family dwelling on corner lot with
public water and sanitary sewers
Nil
6,000 sq. ft.
8,400 sq. ft.
l2,000 sq. ft.
24,000 sq. ft.
l2,000 sq. ft.
22,500 sq. ft.
30,000 sq. ft.
Nil
50 ft.
70 ft.
-84-
.
(iv) single family dwelling on public water
and septic tank or private well and
sanitary sewers
(v) single family dwelling on private well
and septic tank
(vi) other permitted uses Dn public water
and sanitary sewers
(vii) other permitted uses Dn public water and
septic tank or privata well and sanitary
sewers
(viii) otha:'permitted uses 01 private well and
septic tank
100 ft.
120 ft.
lOO f t.
150 ft.
175 ft.
(c) FRONT YARD (MINIMUM)
(i)
(it)
(iii)
public use
single family dwellin:~
other permitted use
25 ft.
25 ft.
35 ft.
(d) INTERIOR SIDE YARD (MINlMUl1)
(i) single family dwelling
ten feet on one side, four feet
on the other side, plus two feet
on the narrow side for each
additional or partial storey above
the first, provided that where
a garage or carport is attached
to or is within the main building,
or the lot is a corner lot, the
minimum width of the interior side
yard shall be four feet plus two.
feet for each additional or
partial storey above the first
.
(ii) other permitted uses
20 ft.
(e) EXTERIOR SIDE YARD (MINI~)
25 ft.
(f) REAR YARD (MINIMUM)
25 ft.
.
(g) DWELLING UNIT AREA
Minimum for a dwelling unit containing one
bedroom 600 sq. ft.
Minimum for a dwelling unit containing two
bedrooms 700 sq. ft.
Minimum for a dwelling unit containing three
bedrooms 900 sq. ft.
Minimum for a dwelling unit containing more
than three bedrooms 900 sq. ft. plus 100
sq. ft. for each
bedroom in excess of
three
-85-
(h) FLOOR AREA RATIO (MAXIMUM)
e
(i) public use on public water and
sanitary sewers
(ii) public use on public water and
septic tanks or private well and
sanitary sewers
(iii) public use on private well and
septic tank
(iv) single family dwelling on public
water and sanitary sewers
(v) single family dwelling on public
water and septic tanks or private
well and sanitary sewers
(vi) single family dwelling on private
well and septic tank
(vii) other permitted uses on public water
and sanitary sewers
(viii) other permitted uses on public water
and septic tank or private well and
sanitary sewers
(ix) other permitted uses on private well
and septic tank
0.50
0.35
0.25
0.40
0.20
0.10
0.20
0.12
0.09
(i) SETBACK FROM STREET CENTRELINE (MINIMUM)
e
(a) Highway 401
(b) Highway 2
(i) single family dwelling or public
use
(ii) other permitted uses
195 feet
88 feet
98 feet
(c) Regional Road
(i) single family dwelling or public
use
(ii) other permitted uses
58 feet
68 feet
(d) Other Roads
(i) single family dwelling or public
use
(ii) other permitted uses
58 feet
68 feet
(j) LANDSCAPTED OPEN SPACE (MINIMUM)
(k) DWELLING UNITS PER LOT (MAXIMUM)
(1) BUILDING REIGHT (MAXIMUM)
30% of lot area
1
35 feet
(m)
SINGLE FAMILY DWELLING HOUSE AND NON-RESIDENTIAL
BUILDING ON SAME LOT
e
Where a permitted single-family dwelling house is erected, altered
or used on the same lot in a Commercial Zone as a permitted Non-
Residential building, then no yard is required between such buildings,
provided that in no case shall a single-family dwelling house be
erected, altered or used within 10 feet of a motor vehicle service
station, motor vehicle repair garage, or motor vehicle gasoline bar.
-86-
.
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(n)
DWELLING UNIT IN P0RTION OF NON-RESIDENTIAL BUILDING
A dwelling unit in a non-residential building shall be in
accordance with the corresponding provisions for the Non-
Residential building in which the dwelling unit is located,
provided that in no case shall a dwelling unit be located
within a motor vehicle service station, motor vehicle repair
garage or motor vehicle dealership.
(0)
GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
-87-
.
.
.
SECTION 14
HIGHWAY COMMERCIAL (C2) ZONE
14.1 PERMITTED USES
No person shall within any C2 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following C2 uses, namely:
(a) RESIDENTIAL USE
a single family dwelling house, if occuped by the owner,
caretaker, watchman or other similar person and his family,
if employed on the lot on which such dwelling house is located
a dwelling unit in a non-residential building
(b)
NON-RESIDENTIAL USES
an ambulance service
a convenience store
a drive-in restaurant
a dry-cleaning establishment
an eating establishment
a farm implement dealer
a farm produce xet4il outlet
a greenhouse
a hotel
a coin-operated laundry
a laundry establishment
a motel
a motor vehicle dealership
a motor vehicle gasoline bar
a motor vehicle repair garage
an automatic motor vehicle wash
a rental agency
a tourist home
14.2 ZONE PROVISIONS
No person shall within any C2 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
(i)
{ii)
public use
single family dwelling on interior lot
with public water and sanitary sewers
single family dwelling on corner lot
with public water and sanitary sewers
single family dwelling on public water
and septic tank or private well and
sanitary sewers
Nil
(iii)
6,000 sq. ft.
(iv)
8,400 sq. ft.
12,000 sq. ft.
-88-
(v)
. (vi)
(vii)
( viii)
(ix)
(x)
single family dwelling on private well
and septic tank
retail gas establishment on public water
and sanitary sewers
retail gas establishment on public water
and septic tank or private well and
sanitary sewers
retail gas establishment on private well
and septic tank
hotel or motel on public water and
sanitary sewers
hotel or motel on public water and
septic tank or private well and sanitary
sewers
(xi) hotel or motel on private well and
septic tank
(xii) other permitted uses on public water
and sanitary sewers
(xiii) other permitted uses on public water
and septic tank or private well and
sanitary sewers
.
(xiv) other permitted uses on private well
and septic tank
(b) LOT FRONTAGE (MINIMUM)
(i) public use
(ii) single family dwelling on interior
lot with public water and sanitary
sewers
(iii) single family dwelling on corner lot
with public water and sanitary sewers
(iv) single family dwelling on public water
and septic tank or private well and
sanitary sewers
.
24,000 sq. ft.
12,500 sq. ft.
22,500 sq. ft.
30,000 sq. ft.
20,000 sq. ft.
30,000 sq. ft. except
that an additional 2,000
sq. ft. of lot area is
required where a dwelling
unit is located in a portion
of a non-residential
building
40,000 sq. ft. except
that an additional 4,000
sq. ft. of lot area shall
be provided where a dwelling
unit is located in a portion
of a non-residential building
7,500 sq. ft.
l5,000 sq. ft. except
that an additional 2,000
sq. ft. of lot area shall
be provided where a dwelling
unit is located in a portion
of a non-residential building
30,000 sq. ft. except
that an additional 4,000 sq.
ft. of lot area shall be
provided where a dwelling
unit is located in a portion
of a non-residential building
Nil
50 feet
70 feet
100 feet
-89-
(v)
. (vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
single family dwelling on private well
and septic tank
retail gas establishment on public water
and sanitary sewers
retail gas establishment on public water
and septic tank or private well and
sanitary sewers
retail gas establishment on private well
and septic tank
hotel or motel on public water and
sanitary sewers
hotel or motel on public water and
septic tank ar private well and
sanitary sewers
hotel or motel on private well and
septic tank
other permitted uses
(c) FRONT YARD (MINIMUM)
(i) retail gas establishment
(ii) hotel or motel
(iii) other permitted uses
(d) INTERIOR SIDE YARD (MINIMUM)
(i) single family dwelling
e
(ii) other permitted uses
(e) EXTERIOR SIDE YARD (MINIMUM)
(i) retail gas establishment, hotel or
motel
(ii) other permitted uses
(f) REAR YARD (MINIMUM)
e
120 feet
125 feet
150 feet
175 feet
100 feet
l50 feet
200 feet
Nil
45 feet
45 feet
25 feet
10 feet on one side,
4 feet on the other side plus
2 feet on the narrow side for
each additional or partial
storey above the first, provided
that where a garage or carport
is attached to or is within
the main building, or the
lot is a corner lot~ the
minimum width of the interior
side yard shall be 4 feet plus
2 feet for each additional or
partial storey above the
first
20 feet, except that
where the interior side lot
line abuts a Residential Zone,
the minimum interior sideyard
width shall be 30 feet
40 feet
25 feet
25 feet
-90-
(g) DWELLING UNIT AREA (MINlMUM)
Minimum for a dwelling unit containing
. one bedroom 600 sq. ft.
Minimum far a dwelling unit containing
two bedrooms 700 sq. ft.
Minimum for a dwelling unit containing
three bedrooms 900 sq. ft.
Minimum for a dwelling unit containing
more than three bedrooms 900 sq. ft. plus
100 sq. ft. for each
bedroom in excess of
three
(h) FLOOR AREA RATIO (MAXlHl.Jl1)
.
(i) public use on public water and
sanitary sewers
(ii) public use on public water and
septic tank
(iii) public use on private well and
septic tank or private well and
sanitary sewers
(iv) single family dwelling on public
water and sanitary sewers
(v) single family dwelling on public
water and septic tanks or private
well and sanitary sewers
(vi) single family dwelling on private
well and septic tank
(vii) retail gas establishment on public
water and sanitary sewers
(viii) retail gas establishment on public
water and septic tank or private well
and sanitary sewers
(ix) retail gas establishment on private
well and septic tank
(x) hotel or motel on public water and
sanitary sewers
(xi) hotel or motel on public water and
septic tank or private well and
sanitary sewers
(xii) hotel or motel on private well and
septic tank
(xiii) other permitted uses on public water
and sanitary sewers
(xiv) other permitted uses on public water
and septic tank or private well and
sanitary sewers
(xv) other permitted uses on private well
and septic tank
0.50
0.35
0.25
0.40
0.20
0.10
0.17
0.12
0.09
0.35
0.12
0.09
0.40
0.30
0.15
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-91-
(i) LOT DEPTR (~INIMUM)
(i) retail gas establishment 100 feet, except that
. where the lot is a corner
lot, the minimum lot depth
shall be 125 feet
(ii) other permitted uses Nil
(j) SETBACK FROM STREET CENTRELlNE (MINIMUM)
(a) Highway 401 195 feet
(b) Highway 2
(i) single family dwelling or
public use 88 feet
(ii) other permitted uses 98 feet
(c) Regional Road
(i) single family dwelling or
public use 58 feet
(ii) all other permitted uses 68 feet
(d) Other Road
(i) single family dwelling or
public use 58 feet
(ii) all other permitted uses 68 feet
(k) LANDSCAPED OPEN SPACE (MINIMUM) 30%
(l) DWELLING UNITS PER LOT (MAXIMUM) 1
.
(m) BUILDING HEIGHT (MAXIMUM) 35 feet
(n) SINGLE FAMILY DWELLING HOUSE AND NON-RESIDENTIAL
BUILDING ON SAME LOT
Where a permitted single-family dwelling house is erected, altered
or used on the same lot in a Commercial Zone as a permitted Non-
Residential building, then no yard is required between such
buildings, provided that in no case shall a single-family dwelling
house be erected, altered or used within 10 feet of a motor vehicle
service station, motor vehicle repair garage, or motor vehicle
gasoline bar.
(0) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING
A dwelling unit in a non-residential building shall be in accordance
with the corresponding provisions for the non-residential building
in which the dwelling unit is located, provided that in no case
shall a dwelling unit be located within a motor vehicle service
station, motor vehicle repair garage or motor vehicle dealership.
(p)
PUMP LOCATION
.
Notwithstanding any other prOV1S10ns of this By-law to the contrary,
a gasoline pump islan~ as part of a motor vehicle service station,
motor vehicle gasoline bar, motor vehicle repair garage, motor vehicle
dealership or as accessory to a permitted use, may be located within
any front yard or exterior side yard, provided;
-92-
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(i) the minimum distance between any portion of the
pump island and any street line shall be 15 feet;
and
(ii) where the lot is a corner lot, no portion of any
pump island shall be located closer than 10 feet
to a straight line between a point in the front
lot line and a point in the exterior side lot line,
each such point being distant 50 feet from the
intersection of such lines.
(q) GROSS GUEST ROOM AREA (MINIMUM)
(r) GENERAL PROVISIONS
200 sq. ft.
In accordance with the provisions of Section 3 hereof
14.3 USES PERMITTED IN C2-l ZONE
A trailer sales, service, and rental outlet and the overnight rental of
existing trailer spaces during May to October only shall be a permitted
use in the C2-l Zone in Lot 25, Concession I as delineated on Schedule
Zone Map.
-93-
SECTION 15
GENERAL COMMERCIAL (C3) ZONE
. 15.1 PERMITTED USES
No person shall within any C3 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following C3 uses, namely:
(a) RESIDENTIAL USES
a dwelling unit in a non-residential building
(b)
NON-RESIDENTIAL USES
.
a business or professional office
a convenience store
a dry cleaning establishment
an eating establishment
a financial office
a funeral home
a hotel
a coin-operated laundry
a laundry establishment
a medical clinic
a motel
a motor vehicle gasoline bar
a motor vehicle service station
a parking lot
a passenger transport depot
a place of entertainment
a retail commercial establishment
a service shop
a taxi office and waiting room
15.2 ZONE PROVISIONS
No person shall within any C3 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a) LOT AREA (MINIMUM)
(i) retail gasoline establishment on public
water and sanitary sewers
(ii) hotel or motel on public water and
sanitary sewers
(iii) other permitted uses
12,500 sq. ft.
20,000 sq. ft.
Nil
e
(b) LOT FRONTAGE (MINIMUM)
(i) retail gasoline establishment on public
water and sanitary sewers
(ii) hotel or motel on public water and
sanitary sewers
(iii) other permitted uses
125 feet
100 feet
Nil
-94-
'(c) FRONT YARD (MINIMUM)
.
(i)
(ii)
(iH)
public use
retail gas establishment
other permitted uses
25 feet
45 feet
Nil
(d) INTERIOR SIDE YARD
(i)
(H)
(iH)
public use
retail gas establishment
20 feet
20 feet, except that
where the interior side
lot line abuts a Residential
Zane, the minimum interior
side yard shall be 30 feet.
Nil
other permitted uses
(e) EXTERIOR SIDE YARD (MINIMUM)
(i)
(ii)
(Hi)
public use
retail gas establishment
other permitted uses
25 feet
40 feet
Nil
(f) REAR YARD {MINIMUM)
(i)
(ii)
public use and retail gasoline establishment
other permitted uses
25 feet
Nil
(g) LOr DEPTH (MINIMUM)
.
(i) retail gasoline establishment
100 feet, except that
where the lot is a corner
lat, the minimum lot depth
shall be 125 feet.
Nil
(ii) other permitted uses
(h) FLOOR AREA RATIO (MAXIMUM)
(i) retail gas establishment on public
water and sanitary sewers 0.17
(ii) public use on public water and sanitary
sewers 0.50
(iii) other permitted uses on public water
and sanitary sewers 3.00
(i) SETBACK FROM STREET CENTRELlNE (MINIMUM)
(a) Highway 2
(i) retail gasoline establishemt 88 feet
(ii) public use 88 feet
(iii) other permitted uses 43 feet
(b) Regional Road
(i) retail gasoline es tab lishmen t 78 feet
(ii) public use 58 feet
. (Hi) other permitted uses 53 feet
(c) Other Roads
(i) retail gasoline establishment 78 feet
(ii) pub lic use 58 feet
(iH) other permitted uses 33 feet
-95-
(j) LANDSCAPED OPEN SPACE (MINIMUM)
(i) public use 30% of lot area
e (ii) retail gasoline establislunent 5% of lot area
(iii) hotel or motel 5% of lot area
(iv) other permitted uses Nil
(k) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft.
(1) BUILDING HEIGHT (MAXIMUM)
(i) retail gasoline establislunent and public use 35 feet
(ii) other permitted uses Nil
(m) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL
BUILDING
A dwelling unit in a portion of a non-residential building
shall be in accordance with the corresponding provisions
for the non-residential building in which the dwelling unit
is located, provided that in no case shall a dwelling unit
be located within a motor vehicle service station, motor
vehicle repair garage or motor vehicle dealership.
(n) DWELLING UNIT AREA
Minimum for a dwelling unit containing
one bedroom
600 sq. ft.
.
Minimum for a dwelling unit containing
two bedrooms
700 sq. ft.
Minimum for a dwelling unit containing
three bedrooms
900 sq. ft.
Minimum for a dwelling unit containing
more than three bedrooms
900 sq. ft. plus 100
sq. ft. for each bedroom
in excess of three
(0) MAXIMUM NUMBER OF DWELLING HOUSES PER LOT
In a C3 Zone, except in the case of a motor vehicle service
station, more than one dwelling unit may be permitted in an
existing Non-Residential building provided that no exterior
enlargement occurs, that such dwelling units are not located
on the ground floor and that such dwelling units comply with
all other provisions of this By-law.
(p) PUMP LOCATION
Notwithstanding any provisions of this By-law to the contrary,
a gasoline pump island, as part of a motor vehicle service station,
motor vehicle gasoline bar, motor vehicle repair garage, motor
vehicle dealership or as accessory to a permitted use, may be
located within any front yard or exterior side yard, provided;
e
-96-
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.
.
(i) the m1n1mum distance between any portion of the pump
island and any street line shall be 15 feet; and
(ii) where the lot is a corner lot, no portion of any pump
island shall be located closer than 10 feet to a
straight line between a point in the front lot line
and a point in the exterior side lot line, each such point
being distant 50 feet from the intersection of such
lines.
(q) MOTEL
(i) DISTANCE BETWEEN BUILDINGS
Where more than one building is erected on the same lot,
the minimum distance between buildings shall be not less
than 50 feet; provided that where two. external walls
facing and parallel to each other contain no openings
or windows to habitable rooms, the distance between such
two walls may be reduced to 10 feet.
(ii) COURTS
Where a building erected on a lot is in a court form,
the distance between the opposite walls of the building9
forming the court shall be not less than 70 feet.
(iii) EXTERIOR WALLS
Where the exterior wall of a quest room contains a
habitable room window such wall shall be located no
closer than 25 feet to any interior side or rear lot
line.
(r) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
15.3 USES PERMITTED IN C3-l ZONE
In the C3-l Zone, an existing box factory shall be a permitted use.
-97-
SECTION 16 RECREATIONAL COMMERCIAL (C4) ZONE
e
16.1 PERMITTED USES
No person shall within any C4 zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following C4 uses, namely:
(a) RESIDENTIAL USES
a single family dwelling house if occupied by the owner, caretaker,
watchman or other similar person and his family, if employed on
the lot on which such dwelling house is located
a dwelling unit in a non-residential building
(b) NON-RESIDENTIAL USES
a convenience store
a marina
a tourist camp
16.2 ZONE PROVISIONS
No person shall within any C4 zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
e (i)
(ii)
(iii)
(~)
(v)
(vi)
single family dwelling on interior lot with public
water and sanitary sewers
single family dwelling on corner lot with public
water and sanitary sewers
single family dwelling on public water and septic
tank or private well and sanitary sewers
single family dwelling on private well and
septic tank
tourist camp on public water and sanitary
sewers
tourist camp on public water and septic tank
or private well and sanitary sewers
6,000 sq.ft.
8,400 sq.ft.
12,000 sq.ft.
24,000 sq.ft.
10,000 sq.ft.
30,000 sq.ft.
except that where a
dwelling unit is loc-
ated in a portion of
a non-residential
building, an additional
2,000 sq.ft. of lot area
shall be provided
(vii) tourist camp on private well and septic
tank or private well and sanitary sewers
40,000 sq.ft.
except that where a dwell-
ing unit is located in a
portion of a non-residential
building, an additional
4,000 sq.ft. of lot area
shall be provided
e
(viii) public use
Nil
-98-
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(ix) other permitted uses on public water and
sanitary sewers
(x) other permitted uses on public water and
septic tank or private well and sanitary
sewers
7,500 sq.ft.
15,000 sq.ft.
except that where a dwelling
unit is located in a portion of
a Non-Residential building,
an additional 2,000 sq.ft.
of lot area shall be provided
(xi) other permitted uses on private well
and septic tank
30,000 sq.ft.
except that where a dwelling
unit is located in a portion
of a Non-Residential building
an additional 4,000 sq.ft.
of lot area shall be required
(b) LOT FRONTAGE (MINIMUM)
(i) single family dwelling on interior
lot with public water and sanitary sewers
(ii) single family dwelling on corner lot with
public water and sanitary sewers
(iii) single family dwelling on public water and
septic tank or private well and sanitary
sewers
(iv) single family dwelling on private well and
septic tank
(v) tourist camp on public water and sanitary
sewers
(vi) tourist camp on public water and septic tank
or private well and sanitary sewers
(vii) tourist camp on private well and septic tank
(viii) public use
(ix) other permitted uses on public water and
sanitary sewers
(x) other permitted uses on public water and
septic tank or private well and sanitary
sewers
(xi) other permitted uses on private well and
septic tank
50 feet
70 feet
100 feet
120 feet
100 feet
150 feet
200 feet
Nil
100 feet
150 feet
l75 feet
(c) FRONT YARD (MINIMUM)
(i)
(ii)
tourist camp
other permitted uses
45 feet
25 feet
-99-
.
(d) INTERIOR SIDE YARD (MINIMUM)
(i) single family dwelling
10 feet on one
side, 4 feet on the other
plus 2 feet on the narrow side
for each additional or partial
storey above the first, provided
that where a garage or carport
is attached to or is within the
main building, or the lot is a
corner lot, the minimum width of
the interior side yard shall be
4 feet plus 2 feet for each
additional or partial storey above
the first
(ii) other permitted uses
(e) EXTERIOR SIDE YARD
(i)
(ii)
tourist camp
other permitted uses
e
(f) FLOOR AREA RATIO (MAXIMUM)
(i) single family dwelling on public water and
sanitary sewers
(ii) single family dwelling on public water and
septic tank or private well and sanitary
sewers
(iii) single family dwelling on private well and
septic tank
(iv) tourist camp on public water and sanitary
sewers
(v) tourist camp on public water and septic
tank or private well and sanitary sewers
(vi) tourist camp on private well and septic tank
(vii) public use on public water and sanitary sewers
(viii) public use on public water and septic tank or
private well and sanitary sewers
(ix) public use on private well and septic tank
(x) other permitted uses on public water and sanitary
sewers
(xi) other permitted uses on public water and septic
tank or private well and sanitary sewers
(xii) other permitted uses on private well and
septic tank
(g) SETBACK FROM STREET CENTRELINE (MINIMUM)
20 feet
40 feet
25 feet
0.40
0.20
0.10
0.40
0.14
0.10
0.50
0.35
0.25
0.40
0.30
0.15
(a) Highway 401 195 feet
(b) Highway 2
(i) tourist camp 108 feet
(ii) other permitted uses 88 feet
e (c) Regional Road
(i) tourist camp 78 feet
(ii) other permitted uses 58 feet
(d) Other Roads
(i) tourist camp 78 feet
(ii) other permitted uses 58 feet
-100-
- --- -- - ---
(h) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area
. (i) GROSS GUEST ROOM AREA (MINIMUM)
(i) tourist camp 200 sq.ft.
(ii) other permitted uses Nil
(j) DWELLING HOUSES PER LOT (MAXIMUM) 1
(k) BUILDING HEIGHT (MAXIMUM) 35 feet
(1) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL
BUILDING
A dwelling unit in a non-residential building shall be in accordance
with the corresponding provisions for the Non-Residential building
in which the dwelling unit is located.
(m) SINGLE-FAMILY DWELLING HOUSE AND NON-RESIDENTIAL
BUILDING ON THE SAME LOT
Where a permitted single family dwelling house is erected, altered
or used on the &ame lot in a Commercial Zone as a permitted Non-
Residential building, then no yard is required between such
buildings.
(n) DWELLING UNIT AREA
.
Minimum for a dwelling
Minimum for a dwelling
Minimum for a dwelling
Minimum for a dwelling
three bedrooms
unit containing one bedroom 600 sq. ft.
unit containing two bedrooms 700 sq.ft.
unit containing three bedrooms 900 sq.ft.
unit containing more than
900 sq. ft.
plus 100 sq.ft. for
each bedroom in excess
of three
(0) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
e
-101-
SECTION 17 RESTRICTED INDUSTRIAL (M1) ZONE
e
17.1 PERMITTED USES
No person shall within any M1 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following M1 uses, namely:
(a) RESIDENTIAL USES
prohibited
(b) NON-RESIDENTIAL USES
a cold storage plant
a manufacturing or processing plant
a motor vehicle repair garage
open storage when accessory to a permitted use
a processing plant
a rental agency
a warehouse
a workshop
17.2 ZONE PROVISIONS
No person shall within any M1 zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
e
(a) LOT AREA (MINIMUM)
(i) retail gasoline establishment on lot with
public water and sanitary sewers
(ii) retail gasoline establishment on lot with
public wate~ and septic tank or private
well and sanitary sewers
(iii) retail gasoline establishment on lot with
private well and septic tank
(iv) public use
(v) other permitted uses on lot with public water
and sanitary sewers
(vi) other permitted uses on lot with public
water and septic tank or private well
and sanitary sewers
(vii) other permitted uses on lot with private
well and septic tank
12,500 sq.ft.
22,500 sq.ft.
30,000 sq.ft.
Nil
20,000 sq.ft.
25,000 sq.ft.
30,000 sq.ft.
(b) LOT FRONTAGE (MINIMUM)
(i) retail gasoline establishment on public
water and sanitary sewers 125 feet
(ii) retail gasoline establishment on public
water and septic tank or private well
and sanitary sewers 150 feet
(iii) retail gasoline establishment on private
e well and septic tank 175 feet
(iv) other permitted uses Nil
(c) FRONT YARD (MINIMUM)
(i) public use
25 feet
-102-
(ii) retail gasoline establishment 40 feet
e (iii) other permitted uses on a lot abutting 50 feet
an Industrial Zone
(iv) other permitted uses on a lot abutting
any other zone 80 feet
(d) EXTERIOR SIDE YARD (MINIMUM)
(i) public use 25 feet
(ii) r etaiLgaso 1 inees t ab lis hmen t 40 feet
(iii) other permitted uses on a lot abutting
an Industrial Zone 50 feet
(iv) other permitted uSe$on a lot abutting
any other zone 80 feet
(e) INTERIOR SIDE YARD (MINIMUM)
(i) retail gasoline establishment 20 feet
(ii) public use 20 feet
(iii) other permitted use on a lot abutting an
Industrial Zone 10 feet
(iv) other permitted use on a lot abutting any
other zone 60 feet
(f) REAR YARD (MINIMUM)
(i) public use 25 feet
(ii) retail gasoline establishment 25 feet
. (iii) other permitted use on a lot abutting
an industrial zone 45 feet
(iv) other permitted use on a lot abutting
any other zone 75 feet
(g) FLOOR AREA RATIO (MAXIMUM)
(i) lot with public water and sanitary sewers
(a) public use
(b) retail gasoline establishment
(c) other permitted uses
(ii) lot with public water and septic tank or
private well and sanitary sewers
(a) public use
(b) retail gasoline establishment
(c) other permitted uses
(iii) lot with private well and septic tank
(a) public use
(b) retail gasoline establishment
(c) other permitted uses
0.50
0.17
0.60
0.35
0.12
0.35
0.25
0.09
0.30
(h) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401 195 feet
(b) Regional Road
e (i) public use 58 feet
(ii) retail gasoline establishment 78 feet
(iii) other permitted uses on a lot abutting
an Industrial Zone 83 feet
(iv) other permitted uses on a lot abutting
any other zone 113 feet
-103-
.
(c) Other Road
(i) public use
(ii) gasoline retail establishment
(iii) other permitted uses on a lot abutting
an Industrial Zone
(iv) other permitted uses on a lot abutting
any other zone
(i) LOT DEPTH (MINIMUM)
(i) retail gasoline establishment
58 feet
78 feet
83 feet
113 feet
(ii) other permitted uses
100 feet for
interior lot,
125 feet for
corner lot
Nil
(j) LANDSCAPED OPEN SPACE (MINIMUM)
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses
30% of lot area
30% of lot area
5% of lot area
(k) BUILDING HEIGHT (MAXIMUM)
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses
35 feet
35 feet
If any portion of a building
is erected above a height
of 40 feet, such portion
must be set back from the
centreline of the abutting
street or from the front,
side or rear lot line, as
the case may be, in addition
to the minimum setback,
front, side or rear yard
requirements of this By-law
a further distance of one foot
for each foot by which such
portion of the building is
erected above a building
height of 40 feet
e
(1) PERFORMANCE STANDARDS
All permitted uses in a Restricted Industrial Zone shall be in accor-
dance with the following standards of performance:
TYPE OF EMISSION
(i) Noise
MAXIMUM EMISSION PERMISSABLE
(v) Electromagnetic
Imperceptible at any point
on any lot line
Nil
Imperceptible outside the
building
Imperceptible outside the
building
Imperceptible outside the
building
(ii) Odours, Toxic or Corrosive Gases
(iii) Vibration
.
(iv) Glare and Heat
-104-
(m) OPEN STORAGE
.
No storage of goods or materials shall be permitted outside any
building unless such goods or materials are enclosed within a
wooden, plastic and/or metal fence, extending at least 6 feet in
height from the ground, constructed of new materials. All such
fences, except those constructed of aluminum, shall be painted and
kept painted, from time to time, so as to maintain the wood or
metal in good condition.
(n) USE OF FRONT AND EXTERIOR SIDE YARD
Required front and exterior side yards shall be kept open and
inobstructed by any structure or parking area for motor vehicles,
except for visitor parking areas.
(0) PROPERTY ABUTTING RAILWAY
Notwithstanding any other prOV1S10n of this By-law to the contrary,
where any lot line or portion thereof abuts a railway right-of-way,
no interior side or rear yard shall be required along that portion
of such lot line which so abuts the railway right-of-way.
(p) PUMP LOCATION
.
Notwithstanding any other prOV1S10n of this By-law to the contrary,
a gasoline pump island, as part of a motor vehicle service station,
motor vehicle gasoline bar, motor vehicle repair garage, motor vehicle
dealership or as accessory to a permitted use, may be located within
any front yard or exterior side yard, provided:
(i) the minimum distance between any portion of the pump island
and any street line shall be 15 feet; and,
(ii) where the lot is a corner lot, no pDrtion of any pump island
shall be located closer than 10 feet to a straight line
between a point in the front lot line and a point in the
exterior side lot line, each such point being distance of 50
feet from the intersection of such lines.
(q) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
.
-105-
. SECTION 18 GENERAL INDUSTRIAL (M2) ZONE
18.1 PERMITTED USES
No person shall within any M2 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more af the
following M2 uses, namely:
(a) RESIDENTIAL USES
prohibited
(b) NON-RESIDENTIAL USES
.
bus storage
a contractar's yard
fuel storage tanks
a lumber yard
a manufacturing or processing plant
a motor vehicle body shop
a motor vehicle repair garage
a municipal yard
open storage when accessary to a permitted use
a processing plant
a rental agency
a truck terminal or yard
a warehouse
a workshop
.
-106-
.
18.2
.
.
ZONE PROVISIONS
No person, shall within any M2 Zone use any lot or erect, alter
or use any building or structure except in accordance with the
following provisions:
(a)
LOT AREA (MINIMUM)
(i) retail gasoline establishment on lot
with public water and sanitary sewers
(ii) retail gasaline establishment on lot
with private well and septic tank or
private well and sanitary sewers
(iii) retail gasoline establishment on
lot with private well and septic
tank
(iv)
(v)
public use
other permitted uses on lot with
public water and sanitary sewers
(vi) other permitted uses on lot with
public water and septic tank or
private well and sanitary sewers
(vii) other permitted uses an lot with
private well and septic tank
(b)
LOT FRONTAGE (MINIMUM)
(i) retail gasoline establishment on
public water and sanitary sewers
(ii) retail gasoline establishment on
public water and septic tank or
private well and sanitary sewers
12,500 sq. ft.
22,500 sq. ft.
30,000 sq. ft.
Nil
20,000 sq. ft.
25,000 sq. ft.
30,000 sq. ft.
125 feet
150 feet
-107-
e
(iii) retail gasoline establishment on
private well and septic tank
(iv) other permitted uses
(c) FRONT YARD (MINIMUM)
(i) Public use
(ii) retail gasoline establishment
(iii) other permitted uses on a lot
abutting an Industrial Zone
(iv) other permitted uses on a lat
abutting any other zane
e
(d) EXTERIOR SIDE YARD (MINIMUM)
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses on a lot
abutting an Industrial Zone
(iv) other permitted use on a lat
abutting any other zone
(e) INTERIOR SIDE YARD (MINIMUM)
(i) retail gasoline establishment
(ii) public use
(iii) other permitted use on a lot abutting
an Industrial Zone
(iv) other permitted use on a lot abutting
any other zone
e
175 feet
Nil
25 feet
40 feet
70 feet
105 feet
25 feet
40 feet
70 feet
105 feet
20 feet
20 feet
10 feet
60 feet
-10 8-
. (f) REAR YARD (MINIMUM)
(i) public 25 feet
use
(ii) retail gasoline establishment 25 feet
(Hi) other permitted use an a lot abutting
an Industrial Zone 45 feet
(iv" other permitted use on a lat abutting
any other zone 75 feet
(g) FLOOR AREA RATIO (MAXIMUM)
(i) lot with public water and sanitary sewer
(a) public use 0.50
(b) retail gasaline es tab lishmen t 0.17
(c) other permitted uses 0.60
e (H) lot with public water and septic tank
or private well and sanitary sewers
(a) pub lic use 0.35
(b) retail gasoline es tab lishmen t 0.12
(c) other permitted uses 0.35
(iH) lot with private well and septic tank
(a) public use 0.25
(b) retail gasoline es tab lishmen t 0.09
(c) other permitted uses 0.30
(h) SETBACK FROM STREET CENTRELINE (MINIMUM)
(a) Highway 401 195 feet
e
-109-
. (b) Regional Raad
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses on a lot
abutting an Industrial Zone
(iv) other permitted uses on a lot
abutting any other zone
(c) Other Road
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses on a lot
abutting an Industrial Zone
e (iv) other permitted uses on a lot
abutting any other zone
58 feet
78 feet
103 feet
133 feet
58 feet
78 feet
103 feet
133 feet
(i)
LOT DEPTH (MINIMUM)
(i) retail gasoline establishment
100 feet for
interior lot,
125 feet for
corner lot
(ii)
other permitted uses
Nil
(j) LANDSCAPED OPEN SPACE (MINIMUM)
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses
30% of lot area
30% of lot area
5 % of lot area
.
-110-
.
(k)
BUILDING HEIGHT (MAXIMUM)
(i) public use
(ii) retail gasoline establishment
(iii) other permitted uses
35 feet
35 feet
If any portion of a building is
erected above a height of 40
feet, such portion must be set
back from the centre1ine of
the abutting street or from the
front, side or rear lot line, as
the case may be, in addition to
the minimum setback, front, side
or rear yard requirements of
this By-law a further distance
of one foot for each foot by
which such portion of the
building is erected above a
building height of 40 feet.
.
(1) USE OF FRONT AND EXTERIOR SIDE YARD
Required front and exterior side yards shall be kept open and
unobstructed by any structure or parking area for motor vehicles,
except for visitor parking areas.
.
(m) PROPERTY ABUTTING RAILWAY
Notwithstanding any other provision of this By-law to the
contrary, where any lot line or portion thereof abuts a railway
right-of-way, no interior side or rear yard shall be required
along that portion of such lot line which so abuts the railway
right-of-way.
-111-
.
.
.
(n)
PUMP LOCATION
Notwithstanding any other provision of this By-law to the
contrary, a gasoline pump island, as part of a motor vehicle
service station, motor vehicle gasoline bar, motor vehicle repair
garage, motor vehicle dealership or as accessory to a permitted
use, may be located within any front yard or exterior side yard,
provided:
(i) the minimum distance between any portion of the pump
island and any street line shall be 15 feet; and,
(ii)
where the lot is a corner lot, no portion of any pump
island shall be located closer than 10 feet to a straight
line between a point in the front lot line and a point
in the exterior side lot line, each such point being ~
distance of 50 feet from the intersection of such lines.
(0) GENERAL PROVISIONS
In accordance with the provisions of Section 3 hereof.
-112-
e
.
e
SECTION 19 WASTE DISPOSAL INDUSTRIAL (M3) ZONE
19.1 PERMITTED USES
No person shall within any M3 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the
following M3 uses, namely:
(a) RESIDENTIAL USES
prohibited
(b) NON-RESIDENTIAL USES
a sewage treatment plant
19.2 ZONE PROVISIONS
No person shall within any M3 zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
(a) LOT AREA (MINIMUM)
Nil
(b) LOT FRONTAGE (MINIMUM)
Nil
(c) FRONT YARD (MINIMUM)
(i) public use
(ii) sewage treatment plant
25 feet
500 feet
(d) EXTERIOR SIDE YARD (MINIMUM)
(i) public use
(ii) sewage treatment plant
25 feet
500 feet
(e) INTERIOR SIDE YARD (MINIMUM)
(i) public use
(ii) sewage treatment plant
20 feet
500 feet
(f) REAR YARD (MINIMUM)
(i) public use
(ii) sewage treatment plant
25 feet
500 feet
(g) FLOOR AREA RATIO (MAXIMUM)
(i) public use
(ii) sewage treatment plant
0.50
Nil
(h) SETBACK FROM STREET CENTRELINE (MINIMUM)
(i) public use
(ii) sewage treatment plant
58 feet
533 feet
(i) LANDSCAPED OPEN SPACE (MINIMUM)
(i) public use
(ii) sewage treatment plant
30% of lot area
5% of lot area
-113-
.
SECTION 20
-
OTHER BY-LAWS REPEALED
All By-laws in force within the Corporation regulating the use of
lands and the character, location, bulk, height, and use of buildings
and structures, be and the same, 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. Without limiting the generality
of the foregoing provision, the following By-laws, be and the
same are hereby repealed:
By-law No. 589
By-law No. 734
By-law No. 753
e By-law No. 71-10
By-law No. 71-11
By-law No. 73-15
By-law No. 74-53
By-law No. 75-26
By-law No. 75-76
By-law: No. . 75-85
By-law No. 71-52
By-law No. 78-13
By-law No. 78-14
.
-115-
.
SECTION 21
APPROVAL
This By-law shall become effective on the date hereof, subject to
receiving the approval of the Ontario Municipal Board.
THIS BY-LAW READ a first time this 25"""'" day of
THIS BY-LAW READ a second time this ~ '5"""" day of
If J'J1 ' A.D. 1979.
It 141 ' A.D. 1979.
this .t~ ,....1day of fI H 1 '
THIS BY-LAW READ a third time and finally passed
A.D. 1979.
(SEAL)
-;;;/
~~
G.B. Rickard, Mayor I
.
.
-116-
~
.
;;
,
Form R-6
.
..
Ontario
Municipal
Board
416/965-1908
r
The Clerk
Town of Newcastle
40 Temperance St.
BOWMANVILLE, Ontario.
LIC 3A6
'-
Quote File Number
R 791925
R 80400
April 23, 1980
Dear Sir:
Enclosed is documentation as follows:
D
D
~
D
Copy of Decision dated
Duplicate Original of Decision dated
Board's Order made April 18, 1980
Appointment for Hearing
Yours truly,
SFH:ak
Enclosure
~~-
C. Saruyama
Supervisor
Planning Administration
Rr:r~~\lED
~'t~}~!..,,:i .ll.iil
t'.?R 29
TO~NN OF ~'1PNr:~..s'T~~
180 Dundas 51. West
Toronto, Ontario
M5G 1 E5
~
.
.
.
e
., ;
... . 4<
R 791925
R 80400
Ontario Municipal Board
IN THE MATTER OF Section 35 of
The Planning Act (R.S.O. 1970,
c. 349),
- and -
IN THE MATTER OF an application
by The Corporation of 'the Town
of Newcastle for approval of
its Restricted Area By-law 79-44
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Newcastle for approval of
its Restrioted Area By-law 80-4
BEFORE!
A.H. ARRELL, Q.C.
Vice-Chairman
)
)
)
)
)
)
)
Friday, the 18th day
of April, 1980
- and -
E.A. SEABORN
Member
The objeotors to approval of By-law 79-44 having
withdrawn their objections:
NO objeotions to approval of By-law 80-4 having been received
as required,
THE BOARD ORDERS that By-law 79-44 as amended by
By-law 80-4 is hereby approved.
, 7
1/ !f~v~-
SECRETARY
P~~NTtR~~'.'
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