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HomeMy WebLinkAbout1590A by-law to regulate the use of land and the character, location and use of buildings and structures in the Township of Clarke. Whereas authority is granted under section 30 of The Planning Act R.S.O. 1960, subject to the approval of the Ontario Municipal Board, to pass this By-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TGyJNSHIP OF CLARKE ENACTS AS FOLLOWS: SECTION 1 - TITLE: 1.1 This By-law may be cited as the Zoning By-law. 1.2 The Zoning Map hereunto annexed as Schedule "A" is declared to be part of the By-law. SECTION 2 - DEFINITIONS: 2.1 For the purpose of this by-law the following words and phrases shall have the meanings given below. 2.2 Accessory Building: means a detached building, the use of which is incidental or secondary to that of the main building and not used for human habitation, located on the same lot with the main building and includes a private garage. 2.3 Accessory Use:-means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. 2.4 Building Line:. means a line within a lot drawn parallel to a lot line and establishes the minimum distance between that lot line and any building or structure, which may be erected. 2.5 Building Lot: means the land appropriated for the exclusive use of one dwelling or the land appropriated for the exclusive use of one hotel or commercial or industrial establishment. 2.6 Building Main: means a building in which the principal use is conducted on building lot on which it is located. in the residential zone the dwelling is the main building. .... ................... ... i :~ y , -~- ~ { ~ J ' 2.7 Dwelling - one family: means a separate building containing only one dwelling unit. 2.8 Dwelling - two family: means a separate building containing only two dwelling units. 2.9 Dwelling - Semi detached: means a building that is divided vertically into two dwelling units. 2.10 Dwelling - Duplex: means a building that is divided horizontally into two dwelling units each of which has an independent entrance. 2.11 Dwelling Unit:. means one or more habitable rooms designed for use by and occupied by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of such a family. kith a private entrance from outside the building or from a common hallway or stairway inside the building. 2.12 Family: means one or more persons living as a single housekeeping unit in a dwelling unit and includes: (~.) domestic servants (2) ro©mers or boarders - two only. 2.13 Floor area: means, with reference to a one family dwelling, the total floor area 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, sunroom, attic, basement or cellar. 2.14 Hei t: means, when used with reference to a building, the surface of the ground at the front of the building and --- (1) in the case of a flat roof, the highest point ~ of the roof surface or the parapet, whichever is the greater! (2) in the case of a mansard roof, the deck roof line, and, C3) in the case of a gable, hip or gambrel roof, the mean height between the eaves anal ridge. 2.15 Lot: means a parcel of land, which fronts on a public highway which has been assumed for public use as a public highway whether such a parcel is described in a registered ......................... ~~ s -3- plan of subdivision,, including any of its parts which are subject to right-of-way or easement. 2.16 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. 2.17 Lot coverage: means that percentage of the lot area covered by buildings, including accessory buildings. 2.18 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 along a line twenty-five feet back from and parallel to the street line. 2.19 Lot line: 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 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 s~a11 be the front lot line. 2.20.Lot line - rear: means the lot line opposite the front lot line. 2.21 Lot line - side: means a lot line other than a front or rear lot line. 2.22 Obnoxious Use: an offensive trade within the meaning of the Public Health Act or any use which is offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas, fumes, vibration or refuse matter. 2.23 Yard: means an open, uncovered and unoccupied space appurtenant to a building. 2.24 Yard-Front: means a yard extending across the full width of a building lot on which a building is situate, anal from the front lot line to the nearest main wall of the building or buildings for which such front yard is required. ........................ ~ i ~ ~ 1 -4 - 2.25 Yard - Aear: means a yard extending across the Pull width of a building lot, on w hich a building is situate, and from the rear lot line to the nearest main wall of the building or buildings for which such rear yard is required. 2.26 Yard -Side: means a yard extending Prom the Pr ont yard to the rear yerd and Prom the sfde lot line to the nearest main wall of the building or huildings Por which such ,side yard is required. 2.27 Farm: means general agricultural uses which are nat obnoxious to the public welfare including Parm buildi ngs, Field crops, gardening, nurseries, orchards, kennels, Forestry and the processing of forestry products, Fishing, trapping and seasonal fruit, vegetable, Plower and Paitnproduce sales outlets. 2.28 Erect: when used in this by-law includes building, construction, reconstruction and relocation and, without limiting the generality of the word, also includes: Ca) any preliminary physical operation, such as excavating, Pilling or draining; Cb) altering any existing building or structure by an addition, enlargement, extension or other structural change; and Cc) any work Por the doing of which a buildi ng permit is required under the Building Bylaw of the Corporation. SECTION 3 -GENERAL PRO~ITSIONS 3.1 Zones: For the purpose oP this By-law, the following zones are establi shed, as shown on Schedule "A'r. Zone Residential Residential Commercial Industrial Upen Space Development Agriculture Zone Sy col "Rl" nR2rr nCrr "~" "OS" »D rr u~rr ........... r t '1 -5- ' ~ No person shall use land or erect or use a building or structure except in accordance with the general and special provisions of this By-law applying to the zone in which the land, building or structure is, or is to be located. 3.2 Zone Boundaries: Where the boundary line of a zone does not coincide with a property line, the location of the boundary line shall be scaled from the Zoning Map. _~ Multiple Uses: 3.3 (a) Where any land or building is used for more than one purpose, all provisions of this By-law relat- ing to each use shall be complied with provided that no dwelling is located closer than 25 feet to any other building on the lot except a building accessory to such dwelling. (b) No person shall erect or use arty building for residential purposes unless such building is erected upon a lot. (c) No person shall erect or use for residential purposes any building upon any lot whereon there then exists, or is in the course of construction, or for which a building permit has been issued on behalf of the municipality, a building erected or used or intended to be used for residential purposes. 3.4 Height Restrictions: Notwithstanding the height provisions herein contained, nothing i.n this By-law shall prevent the erection and/or use of a church spire, a belfry, a flag pole, a clock tower, a chimney, a water tank, a radio or television tower or antenna, an elevator pent-house, an air conditioner duct, a skylight, a grain elevator, a barn or a silo. 3.5 Public Uses: Nothing in this by-law shall prevent the use of any land as a public park, community park, playground, highway or right-of-way. -6- 3.6, Accessory buildings; (a) The total area occupied by accessory buildings shall not exceed ten percent of the area of the lot on which it is situate. (b) No accessory building shall be erected at a distance of less than Pour feet from the rear or side lot line of any lot and when not attached to the main building shall be located in the rear yard at least ten feet from the main building. (c) No accessory building shall be used for human habitation. (d) No accessory building shall exceed 15 Peet in height or be more than one storey. 3.7 Lands 5ub~ect to Flooding: In all zones the erection of build ings or structures Por residential or commercial purposes shall be prohibited on land that is subject to Flooding or on land tit ere by reason oP its reeky, low-lying, marshy or unstable character, the cost of satisfactory waterworks, sewage or dr~;inage fdcllities is prohibitive. Nor shall any building or structure or appurtenance thereto ('other than conservation or flood control projects) be installed within (1000 one hundred feet of any stream or river band, or the flood plain of any water course, as determined by an Ontario band Surveyor. 3.8 Permitted Public Uses: The proof si ons of thi s by-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the t~orporation of the Township of Clarke or by any .local Board thereof defined by the Township of Clarke or by any local Board thereof defined by the Department oP Municipal Affairs ,~t,ct, Chapter 98, R.S.O. 1960, the United Counties of Northumberland and Durham, any telephone, gas or telegraph company, any department or agent of the Government of Ontario or Canada, including the Hydro-Electric Power Commission of Ontario, provided that:..... _7_ (a) The lot coverage, setback and yard requirements prescribed for the .zone in which such land, building or structure is located shall be complied with. (b) No goods, material, or equipment shall be stored in the open in a residential zone. (c) Any building erected in a Residential zone under the authority of this paragraph shall be designed and maintained in general harmony with residential buildings of the type permitted in the zone. ~3-C~' 3:9 PARKING REQUIREMENTS: In any zone the owner of every building hereafter erected, enlarged or changed in use after the passing of this By-law shall provide parking space in accordance with the following schedule: Type of Building Parking Required - a building containing one or more dwelling units - clinic - churches, auditoria, restaur- ants, theatres, arenas, halls, private clubs and other places of assembly {including funeral homes). - hospitals, institutions - Hotels - Motels - Offices One (l) parking space, or one garage or one carport per dwelling unit Four parking spaces for each practising doctor or dentist ~'' Where there are fixed seats, one parking space for every five seats, or ten feet of bench space. Where there are no fixed seats, one parking space for each 100 square feet of floor area devoted to public` use. One parking space for each two beds or 400 square feet of floor area whichever is greater, plus one additional space for each resident doctor or resident employee. one parking space per suite for` the first 20 suites. one additional parking space per ~ suites above 20 suites. One additional parking space for each 100 square feet of floor area devoted to public use. One parking space per rental unit. One additional parking space for each I00 square feet of floor area devoted to public use. One parkin; space per 300 square feet of total floor area. • ~ ~ -8- ' ~ T.Ype of Building contd. - Self-service grocery, Departmental Store, wholesale or discount business - Other permitted Commercial Uses - Shopping Centres - Schools - Industrial - Physician, dentist, or other professional person who has established an office for consultation or other emerg- ency treatment in his private residence. 3.10 Parking Area requirements: Parking Required contd. One .parking space for every 100 square feet of total floor area. One parking space 200 square feet o area. 15 parking spaces 1,000 square feet floor areaf saes One parking space classroom. for each f total floor for each of total and office. for each At least one parking space for every 1,000 square feet of total floor area up to 20,000 square feet plus one additional space for every 5,000 square feet of total floor area over 20,000 square feet including any basement area if used for industrial use. Two parking spaces in addition to spaces required for a dwelling unit. ~' Parking areas shall conform to the fallowing requirements:. (a) The parking area shall be in the same zone and within 500 feet of the location it is intended to serve. (b) Each parking space shall be 10 feet by 20 feet and shall be prDVided with unobstructed access to a street by a driveway, aisle or lane. (c) The parking area at~d approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof with a stab le surface treated to prevent the raising of dust or loose particles. 3.11 Obnoxious Uses: No obnoxious use shall be permitted within the Defined Area. 3.12 Dwelling Unite; Basement or Cellar: No basement or cellar or part of a basement or cellar of any building shall be used as a complete dwelling unit and no part of abasement or cellar may be used for calculating the required minimum floor area of any residence. ......................... -9- SECTION 4 - RESIDENTIAL ZONE "R1" 4.1 No person shall within the residential zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses. 4.2 Residential uses: (a) single family dwelling house (b) semi-detached dwelling house (c) duplex dwelling house 4.3 Non-residential uses: (a) Churches (b) Clinic (c) Schools - not operated for profit or gain (d) Hospitals (e) Nursing Homes- 4.4 Accessory buildings incidental to any of the above permitted uses. 4.5 Nothing in this section shall prevent a person residing in a dwelling unit from carrying on any domestic or household art, a physician or other medical practitioner, a dentist, a lawyer, an insurance agent, an engineer, an architect, an accountant or travelling salesman from using as professional offices not more than 25% of the total floor area of the dwelling in which he or she is domiciled, provided ghat: - (a) there shall b e no advertising other than a nonilluminated sign not more than one square foot in area. (b) No person other than those residing in the dwelling is employed therein except in the case of a physician or other medical practitioner and a dentist in which case the staff may be limited to one empbyee. (c) There is no external storage of goods or materials. (d) There are no goods, wares or merchandise kept or offered for sale. (e) There is no mechanical or other equipmr~nt used except that which is customarily employed in dwellings for domestic or household purposes or for use by a dentist, physician or other medical practitioner or other professional persons. . . . . • • • . • • i • • • • • • • • • . • • • • • • • • apti -. --_ fi" .~ -10- 4.6 Lot Standards and Building Size: Shall be in accordance with regulations contained in Table I. 4.1 Under Size Lot : Where ~ building lot having a lesser frontage or area than that required herein is held under distinct and separate ownership from sad jacent building lots at the time of the passing of this By-law as shown by the records of the Registry or Land Titles Offic®, a dwelling me~y be erected and used on such smaller building lot provided that it conforms to all other requirements of this By-law. 4.8 Minimum Yards for dwellings: (1) Front yard minimum 20 Peet (2) Side yard minimum Where there is no garage attached or t.o be attached to the main building, one side yard shall have a minimum width of 14 Peet and the other side a minimum width of 4 feet Por a one storey, plus two (2j Peet for each additional half or Pull storey. (3) Rear yard minimum One third of the depth of the building lot but in no case less than 35 feet in depth. 4.9 One Dwelling per Lot : In a residential zone not moree than one private single family or semi-detached or duplex shall be erected on a lot. 4.10 Minimum bards for permitted non-residential: (1) Front, side and rear yards each 25 feet. (2} No accessory building shall exceed 15 feet or one storey in height. 4.11 Height for non-residential buildings; Maximum height Por non-residen tiel buildings in the residential zone "13" sYiall be 4 storeys and shall not exceed 40 Peet. ............. FK: -11- , SECTION 5 - RESIDEI~TIAZ ZONE "R2rr 5.1 Residential Zone "R2" Permitted Uses: No person shall within the residential zone use any lot or erect, alter or use any building. or structure for any purpose except one ar more of the following uses. 5.2 Residential Uees: A (a) single family dwelling house 5.3 Accessory Buildings: Accessory buildings incidental to the above permitted uses. 5.4 I,ot Standards & Building Size: Zot Standards and building size shall be in accordance with Table II. 5.5 One Dwelling Per Zot: In a Residential R2 Zone not more than one private single family dwelling. 5.6 All development in the R2 Zone shall be subject to approval of survey and/or subdivision agreement. 5.7 Nothing in this section shall prevent a person residing in a dwelling unit from carrying on any domestic or household art, a physician or other medical practitioner, a dentist, a lawyer, an insurance agent, an engineer, an architect, an accountant or travelling salesman from using as profes- sional offices not more than 25% of the total floor area of the dwelling in which he or she is domiciled, provided that: - (a) there shall be no advertising other than a nonilluminated sign not more than one square foot in area. (b) No person other than those residing in the dwelling is employed therein except in the case of a physician or other medical practitioner and a dentist in which case the staff may be limited to one employee. (c} There is no external storage o~ goods or materials. (d) There are no goods, wares or merchandise kept or offered for sale. (e) There is no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or household purposes or for use by a dentist, physician or other medical practitioner or other professional persons..•••••••••••••••••••••••••••••••••••••• -12- TABLE I Lot, Dwelling and Height Requirement s in Residentia 1 Zone "Rl" T Y P E O F B U I L D I N G One Family Semi-detached Duplex Where there is Min. Bldg. Lot neither public area in sq. ft. 15,000 I5 ,000 15,000 water supply nor sanitary sewers Min. area free of bldgs. in sq. ft. 10,000 10,000 10,000 - Min. Lot Frontage in ft. 120 120 120 Where there is Min. Bldg. Lot a pub lic water area in sq. ft. 7,500 10,000 10,000. supply but not sanitary sewers Min. area free of bldgs. in sq. ft. 5,000 6,500 6,500 Min. Lot Frontage S' in ft. 75 100 100 Where there is Min. Bldg. Lot a public water area in sq. ft. 5,000 6,000 6,000 supply and sanitary sewers Min. area free of bldgs. in sq. ft. 3,300 4,000 4,000 Min. Lot Frontage in ft. 6d 75 75 Dwelling Require- Min. ground floor ~ meat area in sq. f t. y6U 840 per 840 dwelling unit per dwell-° ing unit Height maximum 30 ft. 30 ft. 30 Pt. TABLE II - "R2" Lot Requirements Estate Lot s Minimum Lot Size 1 acre Minimum Frontage 150 ft. Minimum Setback 5o ft. Minimum Side Yard 25 ft. a Dwelling Require- ment s Minimum ground ~ . 12p0 sq. ft. floor area TABLE III - "A" - "OS" Resort Dwelling With Sanitary disposal to conform to Northumberland- Durhem Health Unit Regulations . Minimum floor area 720 sq. ft. Minimum Lot Size 1 acre Minimum Frontage 150 ft. Minimum Setback 50 ft. ...... .' ~ -13- SECTION 6 - COl`iMERCIAL ZONE "C" ~.1 Commercial Zone Permitted Uses: No person shall use land or erect or use a building or structure in a Commercial Zone (C) sor one or more of the following purposes: (1) Any retail store not engaged in manufacturing in the premises unless such manufacturing is incidental to such retail business, does not exceed fifty percent C50'/) of the floor area dnd the products manufactured are primarily for sale at retail on the premises. (2) Office C3) Restaurant (4) Hotel C5) Clubroom, private club or fraternal organization. (6) Theatre (~) Service Station (8) Barber Shop (g) Beauty Parlour (10) Billiard or Poolroom (11) Dance hall (12) Undertaking establishment (13} Laundry or dry cleaning establishment (14) Newspaper office and/or plant (15) Telephone Exchange (16) Lodging and/or Boarding House (17) Bakeshop (18) Shoe repair Shop (19) Accessory Buildings incidental to the above uses. (20) A residence may be part of the commercial use providing it is located within the same building as any one of the above uses, and has a minimum of 600 sq. ft. of living space exclusi~~ of halls and stairways and shall be afiove the first floor. ~,.2 No Shopping Centre may be established unless it is in accordance with an approved site plan and in an area re-zoned for this specific use. ......................... .~ ', -1~- • ~ ~:3 riinimum Yards: In the "C" zone (a) each building will be set back from the street line a distance equal to the, average set back of the existing buildings within the same street block. 6.4 Building Area: No building including accessory buildings thereto shall occupy more than seventy-five ('75) percent of the area of a lot or parcel on which it is situated. ~,.5 Building Height: In the "C" Zone buildings shall have a maximum height of 40 feet. SECTION ~. INDUSTRIAI, ZONE "Ml" 7.1 Industra.al Zone "~dl" Permitted Uses:: In the industrial zone, hereinafter referred to as Zone Ml, the requirements shall be as follows:: „(a) subject to the provisions of part (b) of this paragraph which follows, any building or part thereof may be used for any industrial purpose. (b) no industrial building or part thereof shall be used for array purpose which from its nature or materials used therein is or may become obnoxious by reason of the emission of odour, dust, smoke, noise, gas, fumes, cinders, vibrations, refuse matter, or water-carried wastes. (c) no uses other than industrial uses and essential care- takers' residences shall be permitted in the Industrial Zone M1. ?.2 Setback: In the M1 Zone there shall be a setback of not less than 25 feet, except that where industrial land is across from a residential zone the setback shall be a minimum of 50 feet. 7.3 Side Yards: Tn the Ml Zone t'riere shall be two side yards each of not less than 15 feet in width except that where the side yard of the industrial land abuts a residential zone the minimum side yard on this side shall be 50 feet. .......................... ' 7.4 Rear Yards: In the M1 Zone there shall be a rear yard of not less than 25 feet in depth, except that where the rear yard of the industrial land abuts a residential zone the minimum rear yard shall be 50 feet. ?•5 Height: No building or structure in the M1 Zone shall exceed 40 feet in height. SECTION 8 - OPEN SPACE PROVISIONS (ZONE"OS") 8.1 Open Space Permitted Uses: No person shall use land, or erect or use a building or structure in an Open Space (OS) zone, except for one or more of the following uses: (a) Resort Dwelling - subject to Table III. (b) Public or private parks, including tourist camping facilities; refreshment rooms; (c) Public buildings including museum or display, arenas, community halls, water supply or wastes disposal facilities; sports fields (courts or greens), entertain- ment facilities, (d) Pools, bandstands; (e) Boating facilities, including erection of private boat- houses where boat or boats may be kept; (f) Golf courses or golf driving ranges, (g) Schools, hospitals, churches, (h) Dwelling unit for a caretaker or an essential workman whose presence on the premises is necessary at all times; (i) Accessory uses to the above uses including parking areas. 8.Z Any building in an Open Space Zone shall have a minimum distance of 25 feet from any lot line, except a boathouse which may be erected up to those portions of the lot that so abuts the navigable water. g,3 Lot coverage: No building or structure shall be built in an Open Space Zone having a coverage greater than 5% of the lot area. ......................... _~. ~. ~CECTIQN 9 -DEVELOPMENT ZONE (Zone "D") 9.1 Development Zone Permitted Uses: In the Development Zone (Zone "D") the permitted uses shall be as followss (a) Only the existing uses at the time of the passing of this By-law are permitted until rezoned to a specific urban category upon merit. 9.2 Farmer Retaining; Lot: Notwithstanding any provisions of this By-law to the contrary a bona. fide farmer, whose chief source of income is derived from farming operations consisting in whole or in part of growing crops, raising cattle or livestock or operating a dairy farm, may retain a lot from the sale of his farm and erect, alter or use thereon a single-family detached dwelling in accordance with the provisions of Table II of this by-law? for a residential use for persons em?~loyed on the same lot, ~~rovided that if the land is subject to a subdivision control by-law then this paragraph shall not apply except afid unless a consent to the separation of the lot is obtained from the Committee of Adjust~aent or from the Minister of Municipal affairs if there is no Committee of Adjustment, and further provided that such single-family detached dwelling and lot shall be deemed a permitted use for subsequent purchasers and owners thereof. SECTION 10- AGRICULTURE ZOi~1E "A" No person shall within any Agricultural Zone, use any land or erect, alter or use any building or structure, except for such purposes and in accordance with such regulations as are permitted by and are in accordance with the following provisions: (a) Permitted Uses: (i) All farming uses and uses accessory thereto including one family detached dwellings. (ii) Agricultural: General agricultural uses which are not obnoxious to the public welfare including farm bui7_dings, field crops, gardening, nurseries, orchards, kennels, forestry and the processing of forestry products, fishing, trapping and seasonal fruit, vegetable, flower and farm produce sales outlets. ........................ `" • -17- • Agriculture Zone "A" Cont~d: (iii) Institutional: Hospitals, clinics, libraries, churches, schools, community centres, municipal buildings, cemeteries, mausoleums, co lumbariums, or crematoriums established wi th the approval of the Department of Health under the Cemeteries Act. (iv) Recreational; Parks, playgrounds and golf courses. (v) Resort Dwelling (subject to Table III) (vi) Rural Home Occupation end the office of a veterinary surgeon, and premises for the em ergency treatment of animals. (b) Area Requirements No person shall wi thin any Agricultural (e) Zone erect or use any building or structure except in ac cordanae with the p Ib vi si ors set out in Table II . & III. SECTION 11 - CONF~CRMITY: The purpose for which any land or building is used shall not be changed, no new building or addition to any exi sting building shall be erected, and no land shall be severed Prom an existing building lot, if the effect of such changes, erection or severance is to create a situation in which any of the requirements of the by-law in regards to each individual remaining building, accessory building or building lot is contravened. SECTION 12 - NON-CONP~DRMITY: (Continuation of Existing Uses) Nothing in this by-law shall preveaat the use oP any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the Ey-Iaw so long as it continues to be used for that purpose. If anon-conforming building or structure should be damaged by fire, Plood, mind or earthquake nothing in this by-law shall prevent such a building from being strengthened to a safe condition providing that such alteration or repair does not change the height, size or volume or change the use of such bui Idi ng or structure . ............ -18- , • ,~ ~ ,w M SECTION 13 - PRIOR BUII,DTNG PERMITS: Nothing in this By-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the day of passing of the By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it is to be erected. SECTION 14 - E~iCEPTIONS - Industrial, Open Space or Development Zones: (i) Nothing in this by-law shall prevent the 1 ands in the Industrial (id or M1) E]pen Space or Development Zones from being, used for one or more of the following uses: an apiary an aviary a berry or bush crop a field crop a flower garden a greenhouse a horticultural nursery a kennel establishment for domestic pets a market garden an orchard a public use i.n accordance with section 3.8 hereof a tree crop temporary buildings necessary to the operation of the above uses shall be permitted on the same lot, and only for so long as is necessary for the work in progress. (ii) Parks, road allowances, ditches, culverts or property entrances in the public domain shall not be altered, or the land worked other than by the proper authority. SECTION 15 ADMINISTRATION: 15.1 Zoning Administration. This Bylaw shall be administered by a person designated from time to time by the Council, as the Zoning Administrator. 15.2 A-~plications and Plans. In addition to the requirements of the Building By-law, every application for a building permit shall be accompanied by plans, in triplicate, drawn to an appropriate scale, based upon the .' -19- . - •a~ ~- ~ S'~C~ION 15 - ADMINISTRATION Cont'd: _~ 15.2 Applications and Plans contd. actual survey showing the true shape and dimensions of the lot to be used, or upon which it is proposed to erect any building or structure, and showing the proposed location, height and dimension of the building or structure already erected on or partly on such lot, together with a block plan and statement signed by the owner or his a~~nt duly _, authorized in writing filed with the Zoning Administrator, which statement shall set forth in detail the correct and intended use of each building and structure or part thereof and all information necessary to determine whether or not every such building and structure conforms with the aforesaid requirements of this By-law. 15.3 Inspection of land. Buildings & Structures: The Zoning Administrator is hereby authorized after appropriate notice to enter at all reasonable hours for purposes of inspection upon any property or premises. 15.4 Penaltg Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting magistrate, a. penalty of not less than fifty dollars C50.00) and not more than three hundred dollars C300.00) exclusive of costs for each offence, and 'Lhe Summary Convictions Act, as provided and limited by The Municipal Act, sha_11 apply thereto. 15.5 Date of By-law This By-law shall take effect from the date of passage by Council and shall come into farce upon approval by the Ontario Municipal Board. Read a First and Second time this ~~ day of ~A)` , 19~0~ • Reeve Clerk Read s Third time and passed this 7'~ day of /r~Ay , 19~~ • S E A Z eeve er . 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