HomeMy WebLinkAbout1517A Restricted Area By-law.
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For the purpose of this definition, a "registered Plan of
Subdivision" shall not include a registered plan of subdivision
which has been deemed NOT to be a registered plan of subdivision
in a by-law tiursuant to Section 26 of The 1?lanning Act, as amended.
"Dwelling, One Family Detached" means a separate building
containing only one dwelling unit and used by one family only.
"Dwelling 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 include;
(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 rroperty 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,
north, verandah, sun room, attic, basement or cellar.
"Lot Area" means the total horizontal area within the lot lines of
a lot. In the case of a corner lot having street lines rounding
at the corner with a radi~~s of twenty feet or less, the lot area
of such lots shall be calculated as if the lot lines were
produced to their x~oint of intersection.
"Lot Coverage" means that percentage of the lot area covered by
buildings including accessory buildings.
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"Lot Frontage" means the horizontal distance between the side
lot lines measured along the front lot line. Where the front
lot line is not a straight line, or where the side lot lines
are not parallel, the lot frontage 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 ohord of
the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot line.)
"Lot Line, Front" means the lot line that divides the lot
from the street, provided that in the case 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 lino 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 o?~posite the water shall be the front lot
line.
"Lot Line, Rear" means the lot line opposite the front
lot line.
"Lot Line, Side" means a Iot line other than a front or rear
lot line.
"Sleeping Cabin" means a building used in con~unetion with a
summer eotta~e 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.
"Home 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 25% 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.
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AFC mI 0T? 3 : PROVI ST OP?S .
General.
No person shall, within the Township of Clarke use any
land or erect, alter or use any building or structure except
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.
(a) ??ermitied uses
(i) Single or multi-family dwellings and accessory
buildings.
(ii) Summer Cottages with sleeping cabins and accessory
buildings.
(iii) Nome occupations.
(iv) Public uses and buildings owned by the Dominion
Government of Canada or the Provincial Cxovernment
of Ontario or the Corporation of the Township of
Clarke.
(v) Pi_zblic Utilities.
(vi) Temporary uses; The erection or use of any buildir_g
or str~ze tore for a construe ti on camp, work eam?~, tool
shed, scaffold., or other building or structure
incidental to and necessary for construction work
on the premises but only for so long as such use,
building; or structure is necessaryfbr such construc-
tion work that has been neither finished nor abandoned.
(vii) General agricultural uses which are not obnoxious to
the public welfare where such agricultural useage is
carried on in conjunotion with an area of land of ten
acres or morn except that this exception shall not be
deemed to include any user associated with the whole-
sale slaughtering or rrocessing of animals or animal
products for commercial purposes.
(viii) Lot 12, Block 5 in the Police Villa e of Orono being
Fart o~Lot Concession 5 of the Township of Clarke.
(a ) '~'otwi thstanding any provisions of this I3y-law to
the contrary, Lot 12, Block 5 in the Police Village
of Oror_o being ?'art Township Lot 28, Concession 5,
described in para~-.ravh (b) below, may be used for
tre p~zrpose of a commercial building for the manu-
facture and sale of doughnuts and associated
bakery products.
(b ) "_'he lands referred to in para~;ranh ( a ) are as
described as follows:
;All ar_d singular that certain parcel or tract of
land and premises situate lying and being in the
Village of Orono, mowr_ship of Clarke, County of
Durham, and being composed of the w~!ole of Lot
number 12 ir~ Block 5 lying on the westerly side
of ~~'~i 11 Street according to the plan of the said
Tillage of Orono made by C. rT. Henning, ?'. L.. S. ,
and filed in the registry Office for the Registry
Division of the ?"hest Riding of the County of
Durham.
(b) Regulatior_s
(i) The dwellin:~ and accessory buildings thereto shall not
be b~.zilt or. any lot closer than thirty (30) feet from
the street or road allowance lino, except in built
u~n areas where adjacent buildings do not comply with this
requirement, when. this requirement may be disrensed with
anal the r_e~? buildings blaced in line with the established
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and existing building line. ?Rhere County or Department
of uighways regulations are more stringent, such regu-
lations shall apply.
(ii) (a) T:fiinimum. Lot Frontage and area Requirements
Lot areas and Frontages shall conform to the minimum
requirements set out ix~ the following table:
Single Duplex or R:Sultiple
Family Semi-Detached Family
Dwelling Dwelling Dwelling
~'~inimum Frontal
ith Full Services 50 60 80
9'tith Municipal
Hater Supply '15 80 80
'kith No Services .100 100 100
NTinimum Lot Area
kith Full erv ces 5,000 6,000 8;000 sq.ft.
plus 2, 000 sq. f t.
for every unit in
excess of 3.
oPi th I~,~unicipal
Hater Supply 7,500 10,000 Not permitted
'Aith No Services 15,000 1.5,000 Not permitted
(b) Non-Conforming Registered lots
?'here a building lot-having a lesser width and/or
area than that required herein is held under distinct
and separate ownership from adjacent building lots
at the time of the passing of this By-Law as shown
by the records of the Registry or Land Titles Office
or where such lot is created by expropriation, such
building lot may be us®d for the permitted uses pro-
vided that all other requirements of this By-Law
are oompli ed with.
(iii) The total building Brea shall cover no more than 34°f,
(thirty-four) percent of the Iot area.
4g~, (forty-five) percent of minimum lot area shall have
no more than 1 (one) foot fall in 10 (ten) feet.
No building shall be erected for residential or eom-
rnereial 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
faeill ties.
(iv) Aside yard shall be provided on each side of a main
building with a minimum width of (4) four feet or_ each
side, plus (2) two feet on each side for each additional
storey above the first, and no.e~eshall pro~eot more
than (24) twenty-four inches into~any required side
yard,
(v) ?~To 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, nor exceed one storey in height
or (15) fifteen feet above ground level. The founda-
tions. shall be a minim~zm of (2) two feet and the cave
projection a minimum of (18) eighteen inches from the
lot line.
(vi) ho single family one storey dwelling shall have a '
lining space ground floor area of less than seven
hundred and twenty (']20) sq. ft. and no storey and
a half or two storey building shall have a living
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space floor area of Less than eleven hundred (1100)
sq. ft. and each family unit in any multi-unit
dwelling shall have not less than seven hundr®d and
twenty (~20) sq. ft. floor space per family unit.
(vii) Nothing in this by-law shall be oonstrued to permit
the use of any land Por any purpose, that oreates,
or is likely to beoome a nuisancse 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 eorreply 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 lioenoe, Hermit authority or approval
rewired under any by-law of the Township of Clarke or any other
government agenoy.
Penalty:
Any r?erson convicted of a breaoh of the provisions of this
By-law shall forfeit and pay, at the disoretion of the oonvicting
magistrate a penalty not ezoseding the sum of X300.00 for each
offense, eaolusive of oosts.
This by-law shall Dome into foroe and take effeot on the
day it is passed by Council, subject to the approval of the
Ontario 1~~`unicipal Hoard.
THAT By-Laws T?o. 1510 and No. 1514 be and are hereby repealed.
READ a first and seoond time this '~ day of ~-^-~-~ 19 C,G
fit/
Reeve
Jerk
READ a third time and finally passed this ~' day of ~~~-~'~- 19G ~
- SEAL
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Reeve
erk
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