HomeMy WebLinkAbout1514 A 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 pursuant to Section 26 of The Planning Aet, as amended.
"Dwelling, One Family Detached" means a separate building
containing only one dwelling unti and used by one family only.
"Dwelling iTnit" 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-
cons true tion ;
(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 ref erenee to a one family dwelling, or
summer cottage, the total floor areas of all storeys or half
storeys contained within the exterior Paces of the exterior
walls of a building, but excluding any private garage, br~eseway,
porch, 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 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.
"Lot Coverage" means that percentage of the lt~t area covered by
buildings including accessory buildings.
continued .................
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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 chord of
the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot 1ine.'~
"Lot Line, Front" means the lot line that divides the lot
from the street, provided that in the pass 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 f tankage of the lot. In the ease 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.
"Lot Line, Rear" means the lot line opposite the front
lot line.
"Lot Line, Side" means a lot line other than a front or rear
lot line.
"Sleeping Cabin" means a building used in eon~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
es a permanent dwelling.
"Home Occupation" means an accessory use conducted in a one
family detached dwelling or summer pottage, 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
ponducted 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~f. of the total floor area
of the dwelling unit.
"Yard, Front" means a yard extending across the full width oP
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..............
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SECTION 3; PROVISIONS.
Qeneral
~~To 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.
(b) Permitted Uses
(i) Single or multi-family dwellings and accessory
buildings.
(ii) Summer cottages with sleeping cabins and accessory
buildings.
(iiij 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 camp, 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 necessary for 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 oon~unetion 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 whole-
sale slaughtering or processing of animals or animal
products for commercial purposes.
(a) Regulations
(i) The dwelling and accessory buildings thereto shall not
be built on any lot closer than thirty (3q) feet from
the street or road allowance line, except in built up
areas where adjacent buildings do not comply with this
requirement, when this requirement may be dispensed
with and the new buildings placed in line with the
established and existing building line. there County
or Department of Highways regulations are more strin-
gent, such regulations shall apply.
(ii) (e) Minimum Lot Frontage and Area Requirements
Lot arses and frontages shall conform to the minimum
requirements set out in the following table:
Minimum Frontage
W1Zn r'Lill Services
With Municipal
Water Supply
With No Services
Minimum Lot Area
t Fu 3erv ces
With Municipal
Water Supply
111th no Services
Single Duplex or Multiple
Family Semi-Detached Family
Dw®lling Dwelling Dwelling
50 60 80
15 80 80
100 100 100
5000 6,000 8,000 sq. ft.
plus 2,000 sq. ft.
Por every unit in
excess of 3.
7,500 10,000 Not permitted.
15,000 15,000 Not .Permitted.
Continued ...............
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(b) Non-Conforming Registered Lots
~Phere 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 reoords of the Registry or Land Titles Office
or where suoh lot is created by expropriation,,.suoh
building lot may be used for the permitted uses pro-
vided that all other requirements of this By-Law
are complied with.
(iii) The total building area shall cover no more than 34~
(thirty-four) percent of the lot area.
45~ (forty-five) percent of minimum lot area shall have
no more than l (one) foot fall in 10 (ten) feet.
No building shall be ereoted for residential or com-
mercial 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) Aside yard shall be provided on eaoh side of a main
building with a minimum width of (4) four feet on each
side, plus (2) two feet on eaoh side for eaoh additional
storey above the first, and no eve shall project more
than (24) twenty-Pour inches into any required side
yard;
(v) No accessory building shall be located within (3) three
feet of the building to which it is aooessory, or
within (6) six feet of any required window lighting
a habitable room, nor exceed one storey in height
or (15) fifteen Pest above ground level. The founda-
tions shall be a minimum of (2) two feet and the eve
projection a minimum of (18 ) eighteen inches from the
lot line.
(vi) No single family one storey dwelling shall have a
living 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
space floor area oP less than eleven hundred (11Q0)
sq. ft. and eaoh family unit in any multi-unit
dwelling shall have not less than seven hundred 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 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 ob~eotionable
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 licence, permit authority or approval
required under any by-law of the Township of Clarke or any other
government agency.
Continued .................
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Penalty;
Any person convicted of a brer~oh of the provisions of
this By-law shall forfeit and pay, at the discretion of the
oonvioting magistrate a penalty not exceeding the sum of
#300.00 for each offense, exclusive of ousts.
This by-law shall Dome into Poroe and take effect on
the day it is passed by Council, sub~eet to the approval oP
the Ontario lt~unicipal Board.
THAT By-law No. 1479 be and is hereby repealed.
Read a first and second time this /~ day of `i'`~' lgbc
Ree
ler
Read a third time and finally passed this J~ day of ~~.
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