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HomeMy WebLinkAbout1651A By-law to amend Zoning By-Law No. 1592, as amended by By-Law No. 1613. THE CORPORATION OF THE TOWNSHIP OF CLARKS BY-LAW NUMBER _~ 1. That Section 1 of By-law Dumber 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". A By-law to amend Zoning By-lew Number 1592, as amended by By-law Number 1613. WHEREAS the Municipal Council of the Corporation of the Tovmship of Clarke deems it advisable to amend By-law P?wnber 1592, as amended by By-law Number 1613. NOW THEREFORE the Municipal Council of the Corporation of the Torntship of Clarke ENACTS as follows: 1.2 Appendices 1 and 2 hereto annexed and the Zone. Map (comprising A?ap 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 oat the same lot with such principal use or building. 2.1+ Building Line: means a line within a lat 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 Building3PZain: 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 Famil~r: means a separate building contain- ing only one dwelling unit. (1) .. , f -,~ . ~ 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 ~acked- up or that its running gear is removed, or that it is located on a foundation. 2.8 Erect: when used in this Sy-law includes building, construc- tion, reconstruction and relocation and, without limiting the generality of the word, also includes: - (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) arty 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) Domest~~~: 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,breezevray, 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 Hei t: 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 hi~est 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) e ,i 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 sub div- ision, including ar~y of its parts which are subject to right-of moray 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 Peet or less, the lot area of such lots shall be calculated as if the lot lines were produced to their point oP intersection. 2.16 Lot Cover: 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 proieotion 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 aside lot line. 2.20 Lot Line, Rear: means the lot line opposite the Pront 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 arty 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 Por 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 B.y-laar . 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 arty building or structure on the lot. 2.25 Shooti ~ Range: means an area including buildings and struct- 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, "_4PPROVLD'' means (3) !" '~ r approved by the Attorney-General's Department of the Province of Ontario. 2.26 Yard: means an open, uncovered and unoccupied space appurtenant to a building. 2.27 Yardz Front: means a ,yard. extending across the full ~•ridth of a lot on wYlich a building is situate, and from the front lot line to the nearest main wall of the building or buildings for which such front yard is required. 2.28 Yard, Rear: means a }*ard extending across the full width of a lot, on which a building is situate, and from the rear lot line to the nearest main wall of the building or build- ings for which such rear yard is required. 2.29 Yard, Side: means a yard extending from the front yard to the rear yard and from the side lot line to the nearest main wall of the building or buildings for which such side yard is required.' ~ ~+ ti ,f 3. That Section 3 of R,ya-la~~* "~um'~er 1592, as amended, is raereby deleted and the following substituted therefor: `'St~CTI01`S 3 - GII~?ERAL PROVISIOPSS 3.1 Zones: For the purpose of this By-law, the following zones are established, as shown on Schedule ''A'` . Zone Zone Sjymbol Residential Rl Rural Residential RR Commercial C Highway Commercial HC Industrial M1 Open Space 05 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 shaven 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 end 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 this By-lair the word "Zone" is used, preceded by anyr of the said symbols , such reference shall mean any area within the Township within the scope of this By-lasa, delineated on Schedule "At° and designated thereon by the said symbol. 3.2 Zone Boundaries Zone boundaries where possible, are construed to be lot lines, streets 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 Maps 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 is located closer than 25 feet to arty other building on the lot except a building accessory to such dwelling. (b) ~Io person shall erect or use any building for residential purposes unless such building is erected upon a lot. (c) I~To person shall erect or use for residential purposes (5) ~' /~ ~ ~~ f 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.~+ 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, asi air conditioner duct, a skylight, a grain elevator, a barn er 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) arty 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-lair is specifically permitted. 3.7 Accessor,~ 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) DIo 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) P1o 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 Subiect 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. Nor shall any building or structure or appurtenance thereto (other than conservation or flood control pro3ects) be installed within (100') one hundred Peet of envy stream or river bank, or in the flood plain of arty water course, as determined by an Ontario Land Surveyor. 3.9 Greater Restrictions: This By-law shall not be effective to reduce or mitigate at'~y restrictions lawfully imposed by a governmental authority but in such cases the great~rt~estriction shall apply. (6) i' fr s 3.10 Permitted Public Uses: The provisions of this 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 Corporation of the Township of Clarke or bar arty local Board thereof defined by the Department of P?unicipal Affairs Act, Chapter 98, R.S.O. 1960, The United Counties of ~Torthumberlandeaaxt- Durham, any telephone, gas or telegraph company, any p ment or agent of the Government of Ontario or Canada, including the Hydro-Electric Power Commission of Ontario, provided that:- (a) The lot coverage, setback and .yard requirements pres- cribed for the zone in which such land, building or structure is located shall be complied frith. (b ) A1o goods , material , or equipment shall be stored in the open in a¢1R]. or RR Zone . (c) Any building erected in an Rl 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-law shall provide parking space in accordance with the following schedule: ~rEe of Building DRinimum 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 x+00 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. A4otels 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. T,v~e of Building (cont'd) Minimum Parking Required (cont'd) Self-Service Grocery 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. 5~~~ One parking space for each classroom. Industrial 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 ar~y* 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. consultation or other emerg- ency treatment in his private residence. 3.12 Parking Area Reauirements: 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. (c) The parking area and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof with astable surface treated to prevent the raising of dust or loose particles. 3.13 Obnoxious Uses: No obnoxious use shall be permitted within arty Zone. 3.1k Dwelling Units: 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 resi= deuce. 3.15 hots Havin~3 Less Area And/Or Froirta~te 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 shaven by a registered conveyance in the records of the Registry of 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." (8) .~ ~+. That Section ~ of By-law Number 1592, as amended, is hereby deleted and the following substituted therefor: "SECTION ~ -RESIDENTIAL ZONE (Rl) ~C.1 USES PERMITTED • No person shall within a~- Rl Zone use any lot or erect or use an}r building or structure for e~ puxpose except one or more of the following oats: (a) RESIDENTIAL USES: a single family dwelling. (b) NON-RESIDENTIAL USES: a church ; a clinic; a school -not operated for profit or gain; a hospital; a nursing home. (c~ Diothing'in this section shall prevent a person residing in s.~lling from cat'~ying On any domestic or household art, e. physician or other medical practitioner, a dentist a lawyer, an insurance agents an engineer, an architect, ~ 8rtist, an accountaat or travelling salesman from using as professional offices not more than 25x of the total f],oor E-rea of the dwelling in which he or she is domiciled, provided that:- (i) there shall be no advertising other than e nonilluminated sign sot more than one sque~re~ foot in area. (i.i~ no person other than those residing in the dwelling is employed thereia except in tore case of s physician or other medical practiti,,~er land s dexrtist in which case the staff may be: limited to one employee. (iii there is no external storage of goods ox' matex~als. (iv) there are no goods, wares or merchandise ~xpoaed for sale. iv1 there is no meichanical or other equipment need except that which is customarily employed is dwellings for domestic or household purgoaes or for use by a dentist, physician or other medical practitioner or other professippa~. persons. 1~.2 ZONE PROVISIONS No person shall within any R1 Zone use any lot or ersct or use any building or structure except in accordance xrith the following provisiort8: (a) RESIDENTIAL USE$: Tn accordance with the provisions of Appe~ldix 1 hereof. (b) ETON-RESIDENTIAL USES: n In a,eoordancre with the provisions of AppQAdix 2 hereof. (9) y! y 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 any RR Zone use any lot or erect or use any building or structure for a~ purpose except one or more of the following uses: (a) RESIDENTIAL USES: a single family dwelling. (b) NON-RESIDENTIAL USES: a church; a school - not operated for profit or gain. (c) Nothing in this section shall prevent a person residing in a dwelling Prom 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 frown 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. (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 customaxily employed in dwellings for domestic or household purposes or for use by a dentist, physician or other medical practitioner~or other professional persons. 5.2 ZONE PROVISIONS No person shall within any RR 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. (b) NON-RESIDENTIAL USES: In accordance with the provisions of Appendix 2 hereof." (10) ,~ 6. That Section 6 of $y-law Plumber 1592, as amended, is hereby deleted and the following substituted therefor: ~~SECTION 6 - COMN~RCIAL ZONE (C) 6.1 USES PERMITTED No person shall within any C Zone use any lot or erect or use at~y 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; a restaurant; a hotel; a clubroom, private club or fraternal organization; a theatre; a service station; a barber shop a beauty parlour a billiard or poolroom; a dance hall; an undertaking establishment; a laundry or dry cleaning establishment; a newspaper office and/or plant; a telephone exchange; a lodging and/or boarding house; a bake shop; a shoe repair sh op3 a 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: In accordance with the provisions of Appendix 1 hereof. (b) NON-RESIDENTIAL USES: In accordance with the provisions of Appendix 2 hereof." (11) ~ 1 7. That Section 6A of By-law Number 1592, as emended, is hereby deleted and the following Section 7 substituted therefor: "SECTION 7 - HIGHWAY COMMERCIAL ZODTE (HC) 7.1 USES PERMITTED No person shall within any HC Zone use arty lot or erect or use arty building or structure for any purpose except one or more of the following uses: (a) RESIDENTIAL USES: a single family dwelling, in con,junetion 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; a dwelling unit in a Pion-Residential building, if occupied by the owner, caretaker, watchman or other similar person employed on the lot on which such dwelling unit is located, and his family. (b) NON-RESIDFPITIAL USES: a farmers' co-operative corporation within the meaning of The Corporations Act; a farm implement dealer; a restaurant; a sporting goods service centre; a public or municipal garage; a service station; a hotel.; a motel (with or without restaurant facilities); a car wash station; a commercial nursery; a fruit and vegetable produce sales outlet. 7.2 ZONE PROVISIONS 1'?o person shall within any HC Zone use arty lot or erect or use ar~y building or structure except in accordance with the following provisions: (a) RESIDENTIAL USES In accordance with the provisions of Appendix 1 hereof. (b ) NON-FiE$IDENTIAL USES In accordance with the provisions of Appendix 2 hereof." (12) 8. That Section 7 of ~3y-lavr P?umber 1592, as amended, is hereby deleted and the following Section 8 substituted therefor: "SECTION 8 - INDUSTRIAL ZOPTE (M1) 8.1 USES PERMITTED No person shall within any M1 Zone use any lot or erect or use arty 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) P10P1-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 arty N~1 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. (b) NON-RESIDENTIAL USES: In accordance with the provisions of Appendix 2 hereof." (13) 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 ZOI3E (OS) 9.1 USES PERD42TTID No person shall within any OS Zone use arty 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 D?on-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 . (b) NON-RESIDENTIAL USES: a public or private park, including tourist camping facilities; refreshment rooms; conservation areas ; ski areas ; a public building including a museum or display an arena, community hall, water supply or waste disposal facility, sports field (courts or greens), entertainment facilities; a pool; an agricultural fairgrounds ; a bandstand ; a boating facility, including boathouses; a golf course or gulf driving range; a school; a hospital; a church . 9.2 ZONE PROVISIONS No person shall within any OS Zone use any lot or erect or use arty building or structure except in accordance with the following provisions: (a) RESIDENTIAL USES: In accordance with the provisions of Appendix 1 hereof. (b) NODJ-RESzDIIQTIAL USES: In accordance with the. provisions of Appendix 2 hereof." (14) 11. That Section ]0 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: a farm; a hospital, clinic, library, church, school, community centre, municipal building, and a cemet®ry, mausoleum, columbarium, or crematorium established with the approval of the Department of Health under the Cemeteries Act; a rural home occupation and the office of a veterinary surgeon, and premises for the emer- gency treatment of animals. 10.2 ZONE PROVISIONS No person shall within ar>y A 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. (b) NON-RESIDENTIAL USES: In accordance with the provisions of Appendix 2 hereof. 10.3 SPECIAL PROVISIONS (a) ='A-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 z Concession 4 In addition to the uses referred to in Section 10.1 hereof, that part of. Lot 32, Concession ~+, which is designated "A-3" on Schedule "A", mazy be used for the purposes of a livestock auction barn." (15) 12. That Section 11 of By-law Number 1592, as amended, is hereby deleted and the following substituted therefor: "SECTION 11 - COPTFORMITY 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 off-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.'' 13. That. Section 13 of By-law Plumber 1592, as amended, is hereby deleted and the follot~i.ng substituted therefor: "SECTTOPI 13 - PRIOR BUILDIPTG PERMITS DTo:thing in this By-law shall prevent the erection or use for a purpose prohibited by the By-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 ~•..*hich it teas erected and provided the erection of such building or structure is commenced within two years after the day of the passing of the By-law and such building or structure is completed within a reasonable time after the erection thereof is commenced." 14. `T'hat Section 14 of By-law Number 1592, as amended, is hereby deleted and the following? substituted therefor: "SECTION 14 - rXCEPTIONS 14.7. P?othing in this By-law shall prevent the lands in the P-41 or OS 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 in 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. 14.2 Parks , road c.llotirances , ditches , culverts or property entrances in the public domain shall not be altered, or the land. worked other than by the proper authority." ~ ~6 15. That By-law Number 1592, as amended, is hereby further amended by adding at the end thereof '`Appendix 1" and "Appendix 2"t•rhich are attached hereto and form part of this By-law. 16. That Schedule "A" to By-law P?umber 1592, as amended, is hereby deleted and the attached Schedule "Aii forming part of this 13y-law, is substituted therefor. 17. This By-law shall become effective on the date hereof subject to receiving the approval of the Ontario Municipal Board. READ a first and second time this READ a third time and passed this I' c day of Oe..ta~ 1969 /n ~ day of D~-w 1969 Reeve (SEAL} ~ 4J~ . ~, A~~' Cle k (17) i T APPENDIX 1 PROVISIONS FOR RESIDENTIAL USES (1) SINGLE-FAMILY DWELLING No person shall use any lot or erect or use any building or structure for the purpose of asingle-family dwelling except in accordance with the following provisions: (a) LOT FRONTAGE: Minimum in A Zones in RR Zones in R1 Zones where sanitary sewers and public water supply not available where served by sanitary sewers or public water supply where served by both sanitary sewers and public water supply in other Zones where sanitary sewers and public water supply not available where served by sanitary sewers or public water supply where served by both sanitary sewers and public water supply 330 feet . 150 feet. 120 feet, 75 feet. 60 feet. 100 feet. 75 feet. 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 in RR 'Cones in R1 Zones and other Zones where sanitary sewers and public water supply not available where served by sanitary sewers or public water supply where served by both sanitary sewers and public water supply except that in no case shall the lot area of a corner lot be less than 7,000 square feet. (c) LOT COVERAGE: Maximum for all buildings in A Zones in RR and R1 Zones in other Zones k0 acres. 1 acre. 15,000 square feet. 7,500 square feet. 5,000 square feet. 20~ of the lot area. 30q of the lot area. 35% of the lot area. (18) (d) FRONT YARD: A'[inimum depth in A and RR Zones 50 feet. in R1 and other Zones 20 feet. (e) REAR YARD: Minimum depth 35 feet. (f) SIDE YARD: Minimum width in A and RR Zones 25 feet. in Rl 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 or is within the main building or the lot is a corner lot, the minimum width of the side yard shall be ~+ 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 a Provincial Highway 80 feet. a County Road 70 feet. a Township Road 63 feet. all other roads 53 feet. (h) FLOOR AREA: Minimum in A and RR Zones in R1 and other Zones (i) HEIGHT OF BUILDING: Maximum (~) FARMER RETAINING IAT: 1,200 square feet. 960 square feet. 30 feet . P~otwithstanding 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 By-law for RR Zones, provided that if the land is sub3ect to a subdivision control $y-law then this clause (3) 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 perspn shall use any lot or erect or use any portion 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 Within Non-Residential building and above the first floor. (c) EXCEPTION: 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. (20 ) e APPENDIX 2 PROVISIONS FOR NON-RESIDENTIAL USES No person shall use any lot or erect or use any building or structure for the purposes of any Non-Residential use except in accordance with the following provisions: (a) IAT 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 R1, RR, M1 and OS Zones 10,000 square feet. (c) LOT COVERAGE: Maximum for all buildings in A, R1 and RR Zones 30~ of the lot area. in C Zones 75~ of the lot area. in HC and Ml Zones 509' 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 which case 50 feet. (e) REAR YARD: Minimum depth in A, Rl, RR, HC and OS Zones 35 feet. in M1 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 . (?1) + • (g) SETBACK: in R1 and M1 Zones Minimum distance from centre line of a Provincial Highway 85 feet. a County F.oad 75 feet. a Township Road 68 feet. all other roads 58 feet . in A, RR, HC and OS Zones, and in M1 Zones where opposite an Rl or RR Zone 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. (h) HEIGHT OF BUILDING: Maximum in R1 and RR Zones i.n all other Zones (i) SPECIAL PROVISION - BOAT HOUSES: the lesser of 4 storeys or 1+0 feet. ~+U feet . Notwithstanding arty provisions of this By-law to the contrary, no side or rear yard is required for a boathouse which abuts navigable water. (22) ~~ T 6 5 4 I3 2 LoJ/ - r r E ~ SCHEDUL ~~ ~~ C ~ ~ ~ ~ ~ TOWNSHIP OF ON.X OS OS OS OS i A CON.X ~. = AUT °RIT~Y CLARKE s MAP ~ DUN IES' OS ~ I CON. lXS . I ~ OS A I SOS ~ OS CON./X ~ A OS a c ~~ l A A A CON. V/// ~ ~ ~ ~ CON. 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