HomeMy WebLinkAbout1653 r r '
THE CORPORATION OF THE TOWNSHIP OF CLARKE `
BY-LAW NUMBER 1653
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C A By-law to amend. Zoning By-law Number 1592, as amended by
By-law Number 1613.
WHEREAS the Municipal Council of the Corporation of the Township
of Clarke deems it advisable to amend By-law Fumber 1592, as amended
by By-law Number 1613. `
NOW THEREFORE the Municipal Council of the Corporation of the
Township of Clarke ENACTS as follows:
1. That Section 1 of By-law Number 1592, as amended, is hereby
deleted and the following substituted therefor:
"SECTION 1 - TITLE
1.1 This By-law may be cited as the "Zoning By-law".
1.2 Appendices 1 and 2 hereto annexed and the Zone Map
(comprising Map 1, 2 and 3) hereto annexed as Schedule
``A" are included in and form a part of this By-law."
2. That Section 2 of this By-law Number 1592, as amended, is
hereby deleted and the following substituted therefor:
"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 sub-
ordinate 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,11ain: means a building in which the principal use
is conducted on a lot on which it is located. In the resi-
dential zone the dwelling is the main building.
2.6 Dwelling, Single Family: means a separate building contain-
ing only one dwelling unit.
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2.7 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 and with a
private entrance from outside the building or from a common
hallway or stairway inside the building; provided that a
dwelling unit shall not include a trailer or mobile home
notwithstanding that such trailer or mobile home is Jacked-
up or that its running gear is removed, or that it is
located on a foundation.
2.8 Erect: when used in this By-law includes building, construc-
tion, reconstruction and relocation and, without limiting
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the generality of the word, also includes: -
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(a) any preliminary physical operation, such as
excavating, filling or draining; !
(b) altering any existing building or structure
by an addition, enlargement, extension or
other structural change; and.
(c) any work for the doing of which a building
permit is required under the Building By-law
of the Corporation,
2.9 Fes:, means one or more persons living as a single
housekeeping unit in a dwelling unit and includes:
(1) Domesti = servants
(2) Roomers'or boarders - two only.
2.10 Farm: means general agricultural uses which are not
obnoxious to the public welfare including farm buildings,
field crops , dairy farming, gardening,- nurseries', orchards,
kennels, forestry and the processing of forestry products,
fishing, trapping and seasonal fruit, vegetable, flower and
farm produce sales outlets. (,
2.11 Floor Area: means , with reference to a 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; provided that in the
case of a half storey the total floor area shall include only
that portion of the half storey in which there is sufficient
space to provide a height between finished floor and finished
ceiling of at least 7 feet 6 inches
2.12 Height: means , when used with reference to a building, the
vertical distance between 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,
(3) in the case of a gable, hip or gambrel roof, the mean
height between the eaves and ridge.
(2)
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2.13 Industrial Building: means a building which is used for
industrial purposes such as manufacturing, processing,
• storage and similar uses .
2.14 Lot: means a parcel of land, which fronts on a public
highway which has been assumed for public use as a public
highway, whether or not such a parcel is described in a
registered deed or shown on a registered plan of subdiv-
ision, including any of its parts which are subject to
right-of-way or easement.
2.15 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.
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2.16 Lot Coverage: means that percentage of the lot area covered
by buildings , including accessory buildings.
2.17 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.
2.18 Lot Line: means any boundary of a lot or the vertical projection
thereof.
2.19 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 line that abuts a street
shall be deemed to be a side 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: means an offensive trade within the meaning of
The Public Health Act or any use which is offensive or danger-
ous by reason of the emission of odour, smoke, dust, noise,
gas , fumes ,vibration or refuse matter.
2.23 Public Garage: means and includes a building or place where
motor vehicles are hired or kept or used for hire, or where
such vehicles or gasoline or oils are stored or kept for
sale, or a building or place used as a motor "vehicle repair
shop (but does not include an auto body repair shop) or for
washing or cleaning motor vehicles, but does not include
any business use otherwise defined or classified in this
$r-law.
2.24 Setback: means the horizontal distance from the centre line
of the street allowance, measured at right angles to such
centre line, to the nearest part of any building or structure
on the lot.
2.25 Shooting Range: means an area including buildings and struct-
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ures used by an approved gun or revolver club for the purpose
of carrying on private shooting events wholly within such
area.. For the purposes of this definition, "APPROVED"' means
(3)
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approved by the A for e-G nerd's Department o£ the
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Province of Ontario.
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2.26 Yard: means an open, unco er d and unoccupied space [
appurtenant to a building. (
2.27 Yard, Front: means a yard extending across the full width (
of a to on whin a building is situate, and from the fron
lot line to the neare t man wall of the bu lding or building (
for w is such front yard is required.
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2.28 Yard, Rear: leans a yard extending across t e null width (
of a lot, on whin a building is situate, and from terear (
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lot line to the nearest main wall of the building or build-
ings for w ich such rear yard is required.
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2.2 Yard Sid: means a yard extending from the front ya d to (
the rear yard and fr0ja t e side lot 1 ne to the nearest [
main wall of the building or building for whin such side (
yard is required." (
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3. -at Section 3 of B�!* laT, 7-uTrber 1502, as amended, is herebir
deleted and the following substituted therefor:
' SECTIOET 3 -_GEP?ERAL PROVISIOTTS
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3.1 Zones:
For the purpose of this By-law, the following zones are
established, as shown on Schedule ?;A''.
Zone Zone Symbol "
Residential R1
Rural Residential RR
Commercial C
Highway Commercial HC
Industrial Mi
Open Space OS
Agriculture A
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.
Where the zone symbol designating certain lands as shown on
Schedule "A" is followed by a dash and a number (for example `
"A-1") , then special provisions , in addition to the normal
zone restrictions , apply to such lands and 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.
The zone symbols listed above may, be used to refer to buildings
and structures , the uses of lots , buildings and structures
permitted by this By-law in the said zones , and whenever in r'
this By-law the word "Zone" is used, preceded by any of the
said symbols, such reference shall mean any area within the
Tormship within the scope of this By-law, delineated on
Schedule "A" and designated thereon by the said symbol.
3.2 Zone Boundaries :
Zone boundaries where possible , are construed to be lot
lines , street lines 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 1 inch to 1,000 feet for baps 1 and 2
and 1 inch to 300 feet for Map 3.
3.3 Multiple Uses:
(a) Where any land or building is used for more than one
purpose, all provisions of this By-law relating to
each use shall be complied with provided that no dwelling ffi'
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 any building for residential
purposes unless such building is erected upon a lot! ;,
(c) No person shall erect or use for residential purposes �I
(5)
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 munic-
ipality, a building erected or used or intended to be
used for residential purposes.
3.4 Height Restrictions :
Notwithstanding the height provisions herein contained,
ncthing in 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.
3.6 Accessory Uses:
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 (1) any occupation
for gain or profit conducted within a dwelling or on the
lot, except as in this By-law is specifically permitted or,
(2) any building used for human habitation except as in this
By-law is specifically permitted.
3.7 Accessory Buildings:
Except as otherwise provided herein:
(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 four 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 in anRl or RR Zone shall exceed
15 feet in height or be more than one storey.
3.8 Lands Subject to Flooding-:
In all zones the erection of buildings or structures for
residential or commercial purposes shall be prohibited on
land that is subject to flooding or on land where by reason
of its rocky, low-lying, marshy or unstable character, the
cost of satisfactory waterworks, sewage, or drainage facil-
ities is prohibitive. For shall any building or structure
or appurtenance thereto (other than conservation or flood
control projects) be installed within (1001 ) one hundred feet
of any stream or river bank, or in the flood plain of any
water course, as determined by an Ontario Land Surveyor. .
3.9 Greater Restrictions:
This By-law shall not be effective to reduce or mitigate
any restrictions lawfully imposed by a governmental authority
but in such cases the great--:rrestriction shall apply.
(6)
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3.10 Permitted Public Uses:
The provisions of this By-law shall not apply to the use of
V any land or to the erection or use of any building or
structure for the purpose of public service by the Corporation
of the Township of Clarke or by any local Board thereof
defined by the Department of Municipal Affairs Act, Chapter
98, R.S.O. 1960, The United Counties of Northumberland and
Durham, any telephone, gas or telegraph company, any depart-
ment or agent of the Government of Ontario or Canada, including
the Hydro-Electric Power Commission of Ontario, provided that:-
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(a) The lot coverage, setback and yard requirements Ares- '
cribed for the zone in which such land, building or
structure is located shall be complied with.
(b) Ho goods , material, or equipment shall be stared
in the open in ar.R1 or RR Zone.
(c) Any building erected in an R1 or RR 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'.
3.11 Parking Requirements :.
In any zone the owner of every building hereafter erected,
enlarged or changed in use after the passing of this By-lair
shall provide parking space in accordance with the following
schedule:
Type of Building Minimum Parking Required
Residential One (1) parking space, or one
garage or one carport per dwelling
unit.
Clinic Four parking spaces for each
practising doctor or dentist.
Churches, auditoria,_ Where there are fixed seats , one
restaurants , theatres, parking space for every five seats ,
arenas , halls , private or ten feet of bench space. Where
clubs and other places there are no fixed seats , one park-
of assembly (including ing space for each 100 square feet
funeral homes) of floor area devoted to public use.
Hospitals , institutions 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.
Hotels One parking space per suite for `
the first 20 suites . One additional
parking space per 5 suites above
20 suites. One additional parking
space for each 100 square feet of
floor area devoted to public use.
Motels One parking space per rental unit.
One additional parking space for
each 100 square feet of floor area
devoted to public use.
Offices One parking space per 300 square
feet of total floor area.
(7)
Type of Building (cont d) Minimum Parking Required (cont'd)
Self-Service Grocer, One parking space for every
Departmental Store, 100 square feet of total floor
Wholesale or Discount area.
Business
Other permitted Commercial
uses One parking space for each 200
square feet of total floor area.
Schools One parking space for each
classroom.
Industrial At least one parking space for ='
every 1,000 square feet of total
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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.
Physician, dentist, or other Two parking spaces in addition to
professional person who has spaces required for a dwelling
established an office for unit. r'
consultation or other emerg-
ency treatment in his private
residence.
3.12 Parking Area Requirements:
Parking areas shall conform to the following 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 provided with unobstructed access to a street
by a driveway, aisle or lane. k
(c) The parking area and approaches shall be surfaced with
concrete, asphalt, crushed stone, gravel or a combination
thereof with a stable surface treated to prevent the
raising of dust or loose particles.
3.13 Obnoxious Uses:
No obnoxious use shall be permitted within any Zone.
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3.14 Dwelling Units:
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Basement or Cellar: No basement or cellar or part of a
basement or cellar of any building shall be used as a complete x
dwelling unit and no part of a basement or cellar may be used ='
for calculating the required minimum floor area of any res -
dence.
3.15 Lots having Less Area And/Or Frontage:
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Where a lot having a lesser area and/or frontage than that
required herein is held under distinct and separate owner-
ship 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 a result of an expropriation, such smaller lot
may be used and a building or structure may be erected, altered
or used on such smaller lot, provided that all other require- ;
ments of this By-law are complied with.t°
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�+. That Section 4 of By-law Number 1592, as amended, is hereby deleted and the
following substituted therefor:
'SECTION 4 - RESIDENTLAL ZONE (Rl) a.
4.1 USES PERMITTED
No person shall within any R1 Zone use any lot or erect or
use any building or structure for any purpose except one
or more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling.
(b) NON-RESIDENTIAL USES:
• church;
• clinic;
• school - not operated for profit or gain;
• hospital;
• nursing home.
(c) Nothing in this section shall prevent a person residing
in a dwelling front carrying on any domestic or household ;
art, a physician or other medical practitioner, a dentist,
a lawyer, an insurance agent, an engineer, an architect, au artist,
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 that:-
(i) there shall, be no advertising other than a
nontlluminated sign not more than one square
foot in area. k
(ii) 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.
(iii) there is no external storage of goods or materials.
(iv) there are no goods, wares or merchandise exposed
for sale,
(v) there is no mechanical or other equipment used
except that which is customarily employed in
dwellings ror domestic or household purposes
or for use by a dentist, physician or other
medical practitioner or other professional persons.
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4.2 ZONE PROvIsIONS
No person shall within arr Rl Zone use wW lot or erect or
use any building or structure except in accordance with the
following provisions:
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(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
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(b) MON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof. 11
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(9)
5. That Section 5 of By-law Number 1592, as amended, is hereby deleted and the
following substituted therefor: `
"SECTION 5 - RURAL RESIDENTIAL ZONE (RR)
5.1 USES PERMITTED
No person shall within arw RR Zone use any lot or erect or
use any building or structure for any purpose except one
or more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling. #'
(b) NON-RESIDENTIAL USES:
• church;
• school - not operated for profit or gain. it
(c) Nothing in this section shall prevent a person residing '
in a dwelling 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 artist,
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 that:-
(i) there shall be no advertising other than a non-
illuminated sign not more than one square foot
in area.
(ii) 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. e
(iii) there is no external storage of goods or materials.
(iv) there are no goods, wares or merchandise exposed
for sale.
(v) there is no mechanical or other equipment used
except that which is customarily employed in
dwellings ibr domestic or household purposes "
or for use
by a dentist, physician or other
medical pra=tioner or other professional persons.
5.2 ZONE PROVISIONS
No person shall within any RR Zone use a y lot or erect
or use any building or structure except in accordance with
the following provisions: k
(a) RESIDENTIAL USES: '
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof."
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6. That Section 6 of By-law Number 1592, as amended, is hereby deleted and
the following substituted therefor:
SECTION 6 - COMMERCIAL ZONE (C)
6.1 USES PERMITTED
No person shall within any C Zone use any lot or erect
or use any building or structure for any purpose except
one or more of the following uses:
(a) RESIDENTIAL USES:
a dwelling unit in a Non-Residential building.
(b) NON-RESIDENTIAL USES:
a retail store not engaged in manufacturing in the
premises unless such manufacturing is incidental to
retail business, does not exceed fifty percent (50%)
of the floor area and the products manufactured are
primarily for sale at retail on the premises;
an office;
• restaurant;
• hotel;
• clubroom, private club or fraternal organization;
• theatre;
• service station;
• barber shop;
• beauty parlour;
• billiard or poolroom;
• dance hall;
an undertaking establishment;
• laundry or dry cleaning establishment;
• newspaper office and/or plant;
• telephone exchange;
• lodging and/or boarding house;
• bake shop;
• shoe repair shop;
• bank. !;
6.2 ZONE PROVISIONS
No person shall within any C Zone use any lot or erect
or use any building or structure except in accordance
with the following provisions:
(a) RESIDENTIAL USES:
a
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof. "
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7. That Section 6A of By-law Number 1592, as amended, is hereby
deleted and the following Section 7 substituted therefor:
"SECTION 7 - HIGHWAY COMMERCIAL ZONE (HC)
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7.1 USES PERMITTED
No person shall within any HC Zone use any lot or erect
or use any building or structure for any purpose except
one or more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling, in conjunction with a
permitted iron-Residential use if occupied by
the owner, caretaker, watchman, of other similar
person, employed on the lot on which such dwelling
is located, and his family;
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a dwelling unit in a Pion-Residential building, if Y
occupied by the owner, caretaker, watchman or
other similar person employed on the lot on which
such dwelling unit is located, and his family.
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(b) NON-RESIDENTIAL USES:
• farmers' co-operative corporation within the
meaning of The Corporations Act;
• farm implement dealer;
• restaurant;
• sporting goods service centre; $'
• public or municipal garage;
• service station;
• hotel-,
• motel (with or without restaurant facilities);
• car wash station;
a commercial nursery;
a fruit and vegetable produce sales outlet.
7.2 ZONE PROVISIONS
NO person shall within any HC Zone use any lot or erect �
or use any building or structure except in accordance
with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
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(b) NON-FMIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof. "
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(12)
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8. That Section 7 of By-law Humber 1592, as amended, is hereby deleted
and the following Section 8 substituted therefor:
"SECTION 8 - INDUSTRIAL ZONE (Ml) .
8.1 USES PERMITTED '
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No person shall within any Ml Zone use any lot or erect k
or use any building or structure for any purpose except
one or more of the following uses:.
(a) RESIDENTIAL USES:
a single family dwelling, in conjunction with a
permitted Non-Residential use if occupied by the
owner, caretaker, watchman or other similar person
employed on the lot on which such dwelling is located,
and his family.
(b) NON-RESIDENTIAL USES:
an industrial building, provided such industrial
building is not used for any 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,
and provided further, that no part of the lot
is used for the open storage of goods or materials.
8.2 ZONE PROVISIONS•
No person shall within any Ml Zone use any lot or erect
or use any building or structure except in accordance
with the following provisions:
(a) RESIDENTIAL USES:
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In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof."
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9. That Section 8 of By-law Number 1592, as amended, is hereby
deleted and the following Section 9 substituted therefor: `
"SECTION 9 - OPEN SPACE ZONE (OS)
9.1 USES PERMITTED
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No person shall within any OS Zone use any lot or erect
or use any building or structure for any purpose except
one or more of the following uses:
(a) RESIDENTIAL USES:
a dwelling unit in a Non-Residential building, if
occupied by the owner, caretaker, watchman or
other similar person employed full time on the
lot on which such dwelling unit is located, and
his family.
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(b) NON-RESIDENTIAL USES:
• public or private park, including tourist
camping facilities ; refreshment rooms;
conservation areas; ski areas ;
• public building including a museum or display ,
an arena, community hall, water supply or
waste disposal facility, sports field (courts s
or greens ) , entertainment facilities;"
a pool;
an agricultural fairgrounds ;
• bandstand; !
• boating facility,, including boathouses;
• golf course or golf driving range;
• school;
• hospital;
• church.
9.2 ZONE PROVISIONS
No person shall within any OS Zone use any lot or erect
or use any building or structure except in accordance
with the following provisions:
(a) RESIDENTIAL USES: It
In accordance with the provisions of Appendix 1 hereof. '
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(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.`'
10. That Section 9 of By-law Number 1592, as amended, is hereby deleted.
(14)
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11. That Section 30 of By-law Number 1592, as amended, is hereby deleted and the
following substituted therefor:
"SECTION 10 - AGRICULTURE ZONE (A)
10.1 USES PERMITTED -
No person shall within any A Zone use any lot or erect
or use any building or structure for any purpose except
one or more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling.
(b) NON-RESIDENTIAL USES:
• farm;
• hospital, clinic, library, church, school,
community centre, municipalbuilding, and a
cemetery, mausoleum, columbarium, or crematorium
established with the approval of the Department
of Health under the Cemeteries Act; g
a rural home occupation and the office of a
veterinary surgeon, and premises for the emer-
gency treatment of animals .
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10.2 ZONE PROVISIONS,
No person shall within any A Zone use any lot or erect
or use any building or structure except in accordance
with the following provisions: g,
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
10.3 SPECIAL PROVISIONS
LA-1" - Lot 23,-Concession 3
In addition to the uses referred to in Section 10.1
hereof, that part of Lot 23, Concession 3, which is
designated "A-1" on Schedule "A", may be used for the
purposes of a shooting range.
(b) "A--2" Lots 33,. 34 and 35, .Concession 9
In addition to the uses referred to in Section 10.1
hereof, those parts of Lots 33, 34 and 35, Concession 9,
which are designated "A-2" on Schedule "A", may be
used for the purposes of a race track for motor vehicles.
(c) "A-3" - Lot 32, Concession 4
In addition to the uses referred to in Section 10.1
hereof, that part of Lot 32, Concession 4, which is
designated "A-3" on Schedule "A", may be used for the
purposes of a livestock auction barn."
(15) k
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12. That Section 11 of By-law Number 1592, as amended,
is hereby deleted and the following substituted
therefor:
"SECTION 11 t CONFORMITY
s-
The purpose for which any land or building is used shall
not be changed, no new building or addition to any existing
building shall be erected, and no land shall be severed
from an existing lot, if the effect of such change, erection
oP 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 lot is contravened."
k
13. That Section 13 of By-law Number 1592, as amended,
is hereby deleted and the following substituted }
therefor:
''SECTION 13 - PRIOR BUILDING PERMITS
Northing in this By-law shall prevent the erection or use
a
for a purpose prohibited by the I�y._law of any building or `
structure the plans for which have, prior to the day of the
passing of the By-law, been approved by the municipal
architect or 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 ears after the day the
y y of passing of the By-law
and such building or structure is completed within a reasonable
time after the erection thereof is commenced."
14. That Section 14 of By-law Number 1592, as amended, is hereby
deleted and the following substituted therefor:
"SECTION 14 - EXCEPTIONS
14.1 Nothing in this By-law shall prevent the lands in
the Ml or OS Zones from being used for one or more
of the following uses:
an apiary;
an aviary;
• berry or bush crop;
• field crop;
• flower garden-,
• greenhouse;
:
• horticultural nursery.;
• kennel establishment for domestic pets;
• market garden;
an orchard;
• public use in accordance with section 3.8 hereof;
• tree crop;
temporary buildings necessary to the operation of the G
above uses shall be permitted on the same lot, and
only for so long as is necessary for the work in
progress.
14.2 Parks , road allowances , ditches, culverts or property
entrances in the nublic domain shall not be altered, f
x
or the land worked other than by the proper authority." '
(16 )
p.
15. That By-law Number 1592, as amended, is hereby `
further amended by adding at the end thereof
''Appendix l" and "Appendix 2" which are attached
u
hereto and form part of this By-law.
16. That Schedule "A" to By-law Number 1592, as amended, '
is hereby deleted and the attached Schedule
forming part of this By-law, is substituted therefor.
17. This By-law shall become effective on the date hereof
subject to receiving; the approval of the Ontario
Municival Board.
READ a first and second time this *- day of ,J"A1969
READ a third time and passed this *XI dwj of —u&iZ969
3.
8
Reeve
(SEAL)
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Jerk
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(17)
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APPENDIX 1
PROVISIONS FOR RESIDENTIAL USES
(1) SINGLE-FAMILY DWELLING ai
:
No person shall use any lot or erect or use any building
or structure for the purpose of a single-family dwelling
except in accordance with the following provisions: ;
(a) LOT FRONTAGE:
1,
Minimum '
fi
in A Zones 330 feet.
in RR Zones 150 feet.
in R1 Zones
where sanitary sewers and public
water supply not available 120 feet.
where served by sanitary sewers '
or public water supply 75 feet.
where served by both sanitary
sewers and public water supply 60 feet.
In other Zones
where sanitary sewers and public
water supply not available 100 feet.
where served by sanitary sewers
or public water supply 75 feet. g.
where served by both sanitary
sewers and public water supply 50 feet.
except that in no case shall the
lot frontage of a corner lot be
less than 70 feet.
(b) LOT AREA:
Minimum
in A Zones 40 acres.
in RR Zones 1 acre.
in R1 Zones and other Zones ;
where sanitary sewers and public
water supply not available 15,000 square feet. w
where served by sanitary sewers
or public water supply 7,500 square feet.
where served by both sanitary
sewers and public water supply 5,000 square feet.,
except that in no case shall
the lot area of a corner lot
be less than 7,000 square feet.
(c) LOT COVERAGE:
s;
Maximum for all buildings
in A Zones 20% of the lot area.
in RR and R1 Zones 30% of the lot area.
in other Zones 35% of the lot area.
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(d) FRONT YARD:
Minimum depth h"
in A and RR Zones 50 feet.
in R1 and other Zones 20 feet. a
(e) REAR YARD:
F
Minimum depth 35 feet.
(f) SIDE YARD:
a.
Minimum width
in A and RR Zones 25 feet.
in R1 and other Zones 14 feet on one
side,
4 feet on 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
f.;
or is within the main building or the lot is a corner ?
lot, the minimum width of the side yard shall be 4 feet
plus 2 feet for each additional or partial storey above
the first.
(g) SETBACK:
in A and RR Zones
Minimum distance from centre line of
a Provincial Highway 110 feet.
a County Road 100 feet.
a Township Road 93 feet.
all other roads 83 feet.
in R1 and other Zones
Minimum distance from centre line of
• Provincial Highway 80 feet.
• County Road 70 feet.
• Township Road 63 feet.
all other roads 53 feet.
(h) FLOOR AREA:
Minimum
in A and RR Zones 19200 square feet.
in R1 and other Zones 960 square feet.
(i) HEIGHT OF BUILDING:
Maximum 30 feet,
(�) 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
'(19) .
(
or livestock or operating a dairy farm in an
Agricultural Zone, may retain a lot from the sale
of his farm and erect or use thereon a single
family dwelling in accordance with the provisions
of this Syr-law for RR Zones, provided that if the
land is subject to a subdivision control By-law
then this clause (j ) shall not apply except and
unless a consent to the separation of the lot is
obtained from the Committee of Adjustment or from
the Minister of Municipal Affairs if there is no
Committee of Adjustment: and provided further that
such dwelling and lot shall be deemed a permitted
use for subsequent purchasers and owners thereof.
(2) DWELLING UNIT IN A NON-RESIDENTIAL BUILDING
No person shall use any lot or erect or use any portion e;
of a Non-Residential building for the purposes of a dwelling
unit except in accordance with the following provisions:
(a) DWELLING UNIT AREA:
Minimum area, exclusive
of halls and stairways 600 square feet.
(b) LOCATION:
x
Within Non-Residential building
and above the first floor.
(c) EXCEPTION:
t
In no case shall a dwelling unit
be located in a Non-Residential '
building which is used for the
purposes of a service station or
public garage.
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(20)
APPENDIX 2
PROVISIONS FOR NON-RESIDENTIAL USES
No erson shall use
p any lot or erect or use any building
or structure for the purposes of any Non-Residential use
i
except in accordance with the following provisions: ;;
k"
(a) LOT FRONTAGE:
Minimum
in A and HC Zones 150 feet. ''
in R1, RR, Ml and OS Zones 100 feet. {
(b) LOT AREA:
Minimum
in A and HC Zones 1 acre.
in Rl, RR, M1 and OS Zones 10,000 square feet.
(c) LOT COVERAGE:
Maximum for all buildings
in A, Rl and RR Zones 30% of the lot area.
in C Zones 75% of the lot area.
in HC and M1 Zones 50% of the lot area.
in OS Zones 5% of the lot area.
(d) FRONT YARD:
Minimum depth
in A, RR, HC and OS Zones 50 feet.
in R1 Zones 25 feet.
in C Zones average front yard
of existing build-
ings on street
within same street
block.
in Ml Zones 25 feet, except
where opposite an
R1 or RR Zone, in u
which case 50 feet. "
(e) REAR YARD:
Minimum depth
LL:
in A, R1, RR, HC and OS Zones 35 feet,
in Ml Zones 35 feet, except
where opposite
an R1 or RR Zone,
in which case
50 feet.
(f) SIDE YARD:
Minimum width
in A, Rl, RR, HC and OS Zones 25 feet.
in M1 Zones 15 feet, except
where opposite an
R1 or RR Zone,
in which case
50 feet.
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(g) SETBACK: >
in El and Ml Zones
Minimum distance from centre line of k'
• Provincial Highway 85 feet.
• County Road . 75 feet.
• Township Road , 68 feet.
all other roads 58 feet.
in A, RR, HC and OS Zones, and
in M1 Zones where opposite an R1 or
RR Zone ;
Minimum distance from centre line of
• Provincial Highway 110 feet.
• County Road 100 feet.
• Township Road 93 feet. '
all other roads 83 feet.
(
(h) HEIGHT OF BUILDING:
Maximum
in R1 and RR Zones the lesser of 4
storeys or 40 feet.,
in all other Zones 40 feet,.
(i) SPECIAL PROVISION - BOAT HOUSES:
Notwithstanding any provisions of this By-law
to the contrary, no side or rear yard is
required for a boathouse which abuts
navigable water.
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(22)
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SCHEDULE "A"
TOWNSHIP OF
CLARKE
MAP 3
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RP6S,AND AREAS NOT SHOWN ON VILLAGE PLAN ADDED 6Y MUNICIPAL MAP Z
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SCALE IN FEET
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* NOTICE TO OWNERS OF LAND
in the
Township of Clarke
and
Townships of D�arlingtan,
Manvers, Cavan, ,hope and
Village of Newcastle, whose
Lands .abut 1and�s in the
Township of Clarke
Notice of Application to The Ontario Municipal Board by the
Corporation of the Township of -Clarke for approval of a By4aw to
regulate the use.od land .ann•the character, location and use of build-
ings and structures passed pursuant to Section 30 of 'the Planning
Take Notice that the Council of -the Corporation of the Township of Ctlarkie in-
tends to apply to The Ontario lviunacipal Board pursuant to the provisions of Section
30 of The Planning Act for approval of By-law No, 1653 passed oa the 4th daps of
November 1969. A copy of the lby+law is furnashed herewith.
Any person interested array, within fourteen (14) days after the date of this
notice, send by registered avail or deliver to the Clerk of the Township of Clarke
notice of his objection to approval of the said Bylaw together with a statement of
the grounds of such objection.
The Ontario Municipal Board may approve of the said By-law but before doing
so it may appoint a time and place when any objeotion to the Bylaw will be can-
sidered. Notice of any hearing that may be held will be given only to persons who
have filed an objection.
The last date for filing objections will be 24th day of December 1869.
Dated at the Township of Clarke this 8th day of December 1969.
H. DeWith,
Clerk.
Township of Clarke,
Box 219.
Orono. Ontario.
Explanation of Purpose and Effect of By-law No. 1653
Purpose and Effect:
Further to The Ontario Municipal Board's hearing of June 16, 1969, peattai4-
ing to By-law No. 1592 and Amending By-law No. 1613, and upon full consideration of
the suggestions made by the Board at the hearing and to the objections registered by
certain land owners at the heiaxling that amendments be considered to bath By4aw No.
1592 and Amending By-law No. 1613: the Council of The TawmsWp of 0arke by and
with the professional advice of Municipal Planning Consultants have deemed it ad-
visable to pass Amending Bylaw No. 1653, the basic purpose of which is to give ef-
fect to these suggestions.
The general purpose of there By-laws is to :avoid undue financial burdens
arisog from uncontrolled land development and to ensure that al land should
uabmabeay be put to its highest and best possible use through land use camAroas.
It is the intention of Council that should this By-law be approved by the
Ontario Municipal Board, an Official Plan will be prepared which will indicate the
long range aizns of our Township Planning and will act as a framework for any
further necessary amendments. (over)
It is•noted that `.Section 12 - Non-Conformity (00n inuaU m of Eldou iJam), r
and `Section 15 - AdminastrWon' of Byelaw No. 1592 have not been dell Md Are
to be read in conjunction with Amending By41aw No. 1653.
For the convenience of reference, Sections 12 and 15 of Byelaw No. 1592 are
hereby set out in !their entirety hereunder.
SECTION 12 - NON-CONFORMITY (Continuation of Existing Uses):
9 Nothing in this Byelaw shall prevent the use of any land, building or structure
for any purpose prohibited by the Byelaw if such land, budding or structure was
lawfully used for such purpose on the clay of the passing of the By law so long a$ it
continues to be used for that purpose. if a noncionforn-Ang building or structure
sihouald be damaged by fire, flood, wind or eaethquake soothing in this by4law shell
prevent such a building fram being strengthened to a We condition proms ' that
such elteaamtion or repair does not change the height, size or volume or change
the use of such building or structure.
SECTION 15 - ADMINISTRATION:
15.1 Zoning Administration:
This By-law shall be adn-dnastered by a person designated from time to time by
the Council, as the Zoning Administrator.
15.2 Applications and Plans:
In addition to the requirements of the Building By-law, every application for
a building permit shaU be accompanied by pians, in triplicate, drawn to an
,appropriate scale, based upon the actual survey showing the true shape and
dunensioms of the lot to be used, or upon Whwh it is proposed to erect any
building or structure, and showing the proposed location, height and dimension
of the building or structure aaready eructed on or partly on such Sat, together
with a<block plan and statement signed by the owner or his agent duly auNhor-
iDed 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 de etm ine Whelthw as flat
every such building and structure conforms with the aforesaid requirements
of this By-law.
15.3 Inspection of land, Buflldings and Structures:
The Zomang Administrator as herby authorized after appropriate notice to
enter at all reasomble hours for purposes of inspection upon any property or
premises.
15.4 Penalty:
Any peson convicted of a breach of any of the provisions of this Bylaw thall
forfeit and pay, gat the &gcrobion of the convicting magistrate, a peal* of not
less than fifty dollars ($50.00) and not more than three hundred dollars
($300.00) exclusive of costs for each offence, and The Summary Convictions
Act, as provided and limited by The Municipal Act, s1haU w0y thereto.
a i
15.5 Date of Bylaw:
This Byelaw shall take effect from the date of passage by Council and shall
come into force upon approval by the Ontario Municipal Board.
Description of Land Affected:
A11 land presently included within the boundaries of the Corporation of the
Township of Clarke.
I i �