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HomeMy WebLinkAbout79-44 REPEALED BY ~A - (0 ~ IY.LAW ,....~.......'I'" THE CORPORATION OF THE TOWN OF NEWCASTLE . 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: . 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 . 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" .- 1.5 1.6 . 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 . 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- -2- . 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 e 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 . 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. -3- . . . 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. -4- 3.3 . . 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 . 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, -5- e 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 - 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 - -6- e in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. - - -7- . 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 . 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. . -8- 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. . 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. . 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. e -9- 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 e 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. . -10- e 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. . 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. . -11- . 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. . 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 . 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. -12- . 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. . 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: . -13- e e 2.23 e 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 1. j. 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 -14- room, cafe, cafeteria, ice cream parlour, tea or lunch room, e 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 e meaning. 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 - date of passing of this By-law. -15- 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. e 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 e 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. e -16- . 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 e 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). e -17- 2.37 e 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. . 2.40 2.41 e 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 -18- . storage merely incidental to some other use of the premises where such tank is located. 2.42 FUNERAL HOME 2.43 e 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 . Shall mean a person who contracts for accommodation in a tourist establishment and includes all the members of the person's party. -19- . 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 . 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. . -20- . 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. . 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. -21- . . 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 . 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. . -22- e 2.59 LOT - 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. e -23- . 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. e 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. e -24- 2.67 e 2.68 e 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. e -25- e 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- e 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- . e 2.86 2.87 e 2.88 2.89 e 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. e 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. e 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 - e 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- e 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 e antenna, air conditioner duct, grain elevator, a barn or silo, incidental equipment required for processing and external equipment associated with internal building equipment. -51- 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, e 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 -52- . . e 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. -53- . 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 e 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 -54- . . . 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 -55- . . e 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. -56- 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 e 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. -56- 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. e 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 e 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 e 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 -57- . . e 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 -58- . e e 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. -59- e e 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 e 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 -60- 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, e 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 -61- 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 e 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. -62- . . . 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. -63- . . e 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 -64- - 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 e 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. -65- .~ .. . 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 -66- . (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 e .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. e -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 e e 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 e 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. . e -77- SECTION 11 e 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. e e -81- COMMUNITY FACILITY (CF) ZONE SECTION 12 e l2. 1 e 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- e (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- . e e 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- . e e (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 e -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- e e . (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- e . . (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- e e e (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~~'.' 1 " , ... i ~r2 -.J... tl f~. ~\\ \ f?~~...~"""."'" ~~~ tt~H~' <i,~~u'nlloUOOHQUU.4 ~ '1'1/ Y Jj ,~( !iP.-cl/ /k -- ;J;v-i 1', /;- ~ / CCJ.j,,1,1,1 P/1 r A~R Q. 3 lS8U ",.L4 ~ ~ ~. 1t':ivrt!J.tf-1,t. , , < ~'l' L- ~ -1!!~!._~J!!'J~~':'."!~. ...:.._-