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HomeMy WebLinkAbout1479A Restricted Area By-law, No. 1479 ., . , . ~± ~ 2 1~ - - For the purpose of this definition, a "registered Plan of Subdivision" shall not include a registered plan of subdivision which has been deemed 1~OT to be a registered plan of subdivision in a by-law pursuant to Section 26 of The Planning Act, as amended. "Dwelling, One Family Detached" means a separate building containing only one dwelling unit and used by one family only. "~arelling tTnit" means a room or suite of rooms used or designed or intended to be used as an independent and separate housekeeping establishment. "Erect" means, with reference to a building or structure, build, construct, reconstruct or enlarge, and shall includes (a) Any physical operation such as excavation, filling, grading, or draining preparatory to building, construction or re- construction; (b) The moving of a building or structure from one location to another; and "erected" and "erection" shall have a correspond- ing meaning. "Family" means --- (a) one person or two or more persons who are inter-related by bonds of consanguinity, marriage or legal adoption, living as a single and non-profit housekeeping unit, or; (b) not more than five unrelated persons living together as a single and non-profit housekeeping unit, or; (c) a widow or widower with his or her children and not more than two persons unrelated to the widow or widower, or; (d) the owner of the property or two owners of the property with- out any members of the family of either of such owners and one or two persons unrelated to such property owner or owners. "Floor Area" means, with reference to a one family dwelling, or summer cottage, the total floor areas of all storeys or half storeys contained within the exterior faces of the exterior walls of a building, but excluding any private garage, breezeway, porch, verandah, sun room, attic, basement or cellar. "Zot Area" means the total horiaontal area within the lot lines of a lot. In the case of a corner lot having street lines rounding at the corner with a radius of twenty feet or less, the lot area of such lots shall be calculated as if the lot lines were produced to their point of intersection. "I,ot Coverage" means that percentage of the lot area covered by buildings including accessory buildings. continued .................. ,` ~~ ` -3- "I,ot Frontage" means the horizontal distance between the side lot. lines measured along the front lot line. Where the front lot line is not s straight line, or where the aids lot lines are not parallel, the lot frontage shall be measured by a line twenty-five feet back from and parallel to the chord of the lot frontage. (For the purposes of this by-law, the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line.) "Lot bins, Front" means the lot line that divides the lot from the street, provided that in the ease of a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line, and the longer lot line that abuts a street shall be termed the flankage of the lot. In the case of a lot abutting on a navigable body of water and not abutting any street, the line opposite the water shall be the front lot line. "I,ot Line, Bear" means the lot line opposite the front lot line. "Lot Zine, Side" means a lot line other than a front or rear lot line. "Sleeping Cabin" means a building uaed in con~unetion with a summer cottage located on the same lot therewith and used mainly for sleeping purposes and shall not be a complete housekeeping unit. "Summer Cottage" means a dwelling used only as a secondary place of residence primarily for vacation purposes and not as a permanent dwelling. "Roma Occupation" means an accessory use conducted in a one family detached dwelling or summer cottage, and (a) which is clearly secondary to the use of the dwelling unit as a private residence, (b) does not change the character of the dwelling unit as a private residence, (c) does not have any exterior evidence of being conducted therein, (d) does not create or become a public nuisance in particular in regard to noise, traffic and parking, (e) does not occupy more than 25gb of the total floor area of the dwelling unit. "Yard, Front" means a yard extending across the full width of the lot between the front lot line and the nearest wall of any building or structure on the lot. "Yard, rear" means a yard extending across the full width of the-lot between the rear lot line and the nearest wall of any building or structure on the lot. "Yard, Side" means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot. continued ............. - 4 - ' r~~ S$CTION 3; PROMSIONS. General o person shall, within the Township of Clarke use any land or erect, alter or use any building or structure ezoept for the purpose and in accordance with the standards that it is lawfully being used for on the date that this by-law was passed, except as hereinafter provided. (b) Permitted Uses (i) Single or multi-family dwellings and accessory buildings. (11) Summer cottages with sleeping cabins and accessory buildings. (iii) Home occupations. (iv) Public uses and buildings owned by the Dominion Provincial Government, of the Corporation of the .Township of Clarke. (v) Public Utilities. (vi) Temporary uses The erection or use of any building or structure for a construction camp, work Damp, tool shed, scaffold, or other building or structure incidental to and nec®ssary for construction work on the premises but only for so long as such use, building or structure is necessary for such construction work that has been neither. finished .nor abandoned. (vii) General agricultural uses which are not obaoaious to the public welfare where such agricultural useage is carried on in conjunction with an area of land of ten acres or more except that this exception shall not be deemed to include any user associated with the wholesale slaughtering or processing of animals or animal products for commercial purposes. (c) Re ulatioas. (i) The dwelling and accessory buildings thereto shall not be built on any lot closer than thirty (30) feet from the street or road allowance line, ezoept in built up areas where adjacent buildings do not comply with this requirement, when this requirement may be dispensed with and the new buildings planed in line with the established and ®zisting building line. 1lhere County or Department of Highways regulations are more stringent, such regulations shall apply. (ii) The minimum lot frontage along a municipal road, street or navigable body of water shall not be less thans----- 50~ (fifty feet) for. single family dwelling 6gt (sixty-five feet) for a two family dwelling 85f (eighty-five feet) for three or more families 100 (one hundred feet) frontage where 15,000 sq. ft. are required and the total area of the lot shall not be less than the following;--------- 1y,000 sad. ft. where both well and septic tank ar• required for single family dwelling. '],~00 sq. ft. where either municipal water or sewer Dan be provided for single family dwelling. 4,000 sq. ft. where both municipal water and sewer are provided for single family dwelling. The minimum lot area for multiple dwellings shall be increased by 2,000 sq. ft. for each additional dwelling unit. continued.... .............. _ ,~.. . -5- (iii) The total building area shall cover no more than 349 (thirty-four) percent of the lot area. 459 (forty-five) percent of minimum lot area shall have no more than 1 (one) foot fail in 10 (ten) feet. No building shall be erected for residential or commercial uses on any land which due to Its low lying, marshy or unstable character is considered unsuitable for the installation of proper sewage and drainage facilities. (iv) A side yard shall be provided on each side of a main building with a m~r~imt~m width Of (4) four feet On each aide, plus (2) two feet on each side for each additional storey above the first, and no eve shall project more than (24) twenty-four inches into any required side yard. (v) loo accessory building shall be located within (3) three feet of the building to which it is accessory, or within (6) six feet of any required window lighting a habitable room, n.or exceed one storey in height or (15) fifteen feet above ground level. The foundations shall be a minimum of (2) two feet and the eve projection a minimum of (18) eighteen inches from the lot line. (vi) ~o single family one storey dwelling shall have a living space ground floor area of less than seven hundred and twenty (720) sq. ft. and no storey and a half or two storey building, shall have a living space floor area of less than eleven hundred (1100) sq. ft. and each family unit in any multi unit dwells shall have not less than seven. hundred and twenty~720) sq. ft. floor space per family unit. (vii) Nothing in this by-law shall be construed to permit the use of any land for any purpose, that creates, or is likely to become a nuisance or offensive, by the creation of noise or vibration or by reason of the emission of gas, fumes, dust or objectionable odours or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter or other material. nothing in this by-law shall operate to relieve any person from the obligation to comply with the requirements of any other by-law of the Township of Clarke in force from time to time, of the obligation to obtain any liceaee, permit authority or approval required under any by-law of the Township of Clarke or any other government agency. continued ................... ' ; .,~- s -b- Penalt s Any person convicted of a breach of the provisions of this By-law shall forfeit and pay, at the discretion of the convicting magistrate a penalty not exceeding the sum of =3©4.00 for each offense, exolusive of costa. 3his by-law shall come into force and take effect on the day it is passed by Council, subject to the approval of the_4ntaxio Municipal Board. read a first and second time this ~~ day of ~~-~./ 19 L~ ' ~~ , ~/ save er read a third time and finally passed this G day of 19 ~S: T ;~ F--~ ~ ~:, ~w w -~ a. ~ ~.. ~-s o w~ ~ w 1--' CD ~ ~ `*~ ~^~'~'~. t..l J' n w !T ~ `~ t...i • Vl ~ C+ l--J /~ • J. ~~ ~ /~ ~n 7 ~ U ~J }-'• (~ u ~ rJ ~'~ J G-. O Qt ~ fi v a. ~ i i w o ~ ~~ cr ~;, ~n ~ ~ :+ ~ ,-~ `~ A~ F'~ ~~ ^~ n o Q ]~ (f w .may :~- V lD A~ O n rh O ~' ' ~ ~ L-J w ~ w ~ r ~* ;~ r. 0 _ ~'