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HomeMy WebLinkAboutP-6-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE 14EETING OF January 21, 1980. REPORT NO. : P-6-80 SUBJECT: Objections to Restricted Area (Zoning) By-law Number 79-44. Newcastle Village Comprehensive Zoning By-law (Our File No. Z-0-4-1) BACKGROUND: As you are aware, By-law 73-15 of the former Village of Newcastle was repealed by Council earlier this year and replaced by By-law 79-44, which is essentially a consolidated, updated version of By-law 73-15. The Ontario Municipal Board required that a copy of the proposed By-law be circulated to every assessed property owner within the Village and within 400 feet of the former Village limits. Five letters of objec- tion to the By-law were received by the Clerk within the 21 day objection period allotted by the Ontario Municipal Board Rules of Procedure. Since i that time, as a result of discussions with staff, two objectors have with- drawn, or have agreed to withdraw their objections. These remaining objec- tions, along with staff comments and recommended action, have been summarized below: v 3 'V" i i V '(�) 2 - OBJECTOR OBJECTION COMMENTS Region of Durham 1. The lands south and Since there are no existing east of the Graham Creek golf courses within the limits are designated "Permanent of the former Village, staff has Agricultural Reserve" in no objection to deleting golf the Durham Official Plan, courses from the list of permitted Golf courses are not per- uses in this zone. mitted by this designation but are permitted in the "RU" Zone. 2. The "ER" zone in the The site zoned "ER" has no road south-east portion of frontage and measures only 1000 Schedule "A" does not com- square feet in area. Since this ply with the policies of zoning is symbolic only, we have the Region of Durham Off- no objection to its removal from icial Plan. Schedule "A". 3. The Durham Official Staff has no objection to recog- Plan requires service nizing the two existing service stations to be zoned in stations in the Village in a a separate category. separate zoning category. By-law 79-44 permits service stations in any C2, C3, Ml and M2 zones. 4. The lands south and It is the opinion of staff that east of Graham Creek are the RU zone would not be appropri- designated "Permanent ate for the lands presently zoned Agricultural Reserve" in "RR", for the following reason: the Durham Official Plan. (1) The RU zoning would permit These designations do not the intrusion of new agri- permit rural non-farm resi- cultural uses into this prim- dential development, except arily residential area. on existing lots of record. (2) The RU zone stipulates a max- It was suggested that the imum floor area ratio of .01 lands presently zoned "RR" for uses in this zone. The in this area be rezoned "RU". average lot size in the lands zoned RR is approximately .8 acres. If such a lot were zoned RU, the By-law would restrict the dwelling on such a lot to a maximum of 356 square feet but requires a minimum floor area of 1500 square feet. 3 - OBJECTOR OBJECTION COMMENTS We understand that this amendment was proposed to discourage the creation of new non-farm resi- dential uses by severance in the area east of Graham Creek. However, we feel that the same goal could be attained by zoning the lands "RU" and applying a special pro- vision which would restrict the uses permitted on the land to resi- dential and home occupation uses, but which would permit the develop- ment of existing lots of record while enforcing the restrictions placed on the lands by the Durham Official Plan. Ontario Hydro 1. The definition of The definition included in the the term "Public Use" By-law for a "Public Use" includes does not specifically "any Authority, Board, Commission include Ontario Hydro. or Ministry established under any statute of Ontario or Canada". Since Ontario Hydro falls into this category, it was not specifi- cally listed as a permitted use in the definition. Staff has advi- sed Ontario Hydro of this fact, and Mr. Pogue of Ontario Hydro has in- dicated that they are now satisfied with the present wording of this definition. 2. The By-law as pro- Staff has no objection to amending posed requires Council the By-law to exempt power transmis- approval for the location sion lines which have undergone the of any utility lines, in- Environmental Assessment process cluding "overhead or under- from this requirement. ground hydro." Since the creation of a new trans- mission line would likely be subject to the terms of the Environmental Assessment Act, Ontario Hydro suggests that this would afford the Town sufficient opportunity to control the location of these lines. - 4 - / OBJECTOR OBJECTION COMMENTS Crotin, Palter The 5.2 acre parcel The ultimate design and population (for Estate of lying immediately north of density of the proposed subdivision S. Gujda) the Nel-Gore Castle Nursing will depend on the land use desig- Home, which is designated nations and major road patterns for residential purposes of the Newcastle Village District in the Durham Official Plan. Since it is standard pro- Plan and is the subject of cedure to amend the Zoning By-law an application for subdi- to facilitate the development of vision, should be zoned a subdivision only after the sub- "Residential" instead of division has been draft approved "Rural" in the proposed by the Ministry of Housing, it is By-law. the opinion of staff that the re- zoning of the subject lands would be premature at this time. It is noted that the application for re- zoning which has been filed in res- pect of this application will be dealt with if and when draft approv- al is given to the proposed subdi- vision. Mr. Spearing By-law 79-44 does not The lands owned by Windsweep Farms for Windsweep enact the provisions are presently designated "Major Farms of proposed Official Open Space", in the Durham Official Plan Amendment #20, or Plan, and are subject to the require- the application for re- ment that a waterfront plan be com- zoning filed by the appli- pleted before residential uses such cant. as those proposed by the applicant are permitted. This waterfront plan has been prepared by the Reg- ion and is the subject of proposed O.P.A. #20. However, until the subject Official Plan Amendment has been approved by the Region and the Minister of Housing, the proposed zoning by-law amendment would not comply with the Durham Official Plan. Section 19(1) of the Planning Act provides that "no By-law shall be passed for any purpose that does not conform" with the provisions of the Official Plan. It is, therefore, the position of staff that the requested amendment to By-law 79-44 in respect of the lands subject to proposed O.P.A. #20 could not be approved at this time. We note that the Durham Official Plan would permit the rezoning of 5 OBJECTOR OBJECTION COMMENTS a 42.5 acre portion of the site for "a marina, recreational and associated uses". An application for rezoning in respect of this portion of the subject lands has been approved in principle, sub- ject to the negotiation of a site plan agreement. The rezoning of the lands would be premature until this agreement has been finalized. The Ontario Municipal Board Revised Rules of Procedure requires Council to review any objections filed in respect of a proposed By-law, and to notify the Board of its position in respect of these objections. It is not necessary to support this position with reasons. If an objec- tion is considered valid, Council has the authority to pass a subsequent By-law to repeal or amend the original By-law. The attached By-law has been drafted to incorporate the concerns of the Region of Durham and Ontario Hydro. Staff of both the Region of Durham and Ontario Hydro have confirmed by telephone that the proposed amendments meet with their approval. It is the opinion of staff that the objections filed by Crotin, Palter and by Mr. Spearing . do not warrant an amendment to By-law 79-44 at this time, but should instead be considered by the Ontario Municipal Board in its evaluation of the said By-law. RECOMMENDATION: It is respectfully recommended: 1. That the Ontario Municipal Board be advised that the Council of the Town of Newcastle has reviewed By-law 79-44 in light - 6 - of the objections filed by Cortin and Palter, on behalf of the Estate of Stanley Gujda; and by Mr. Spearing on behalf of Windsweep Farms, and wishes to proceed with the said By-law; 2. That the attached By-law 80- be forwarded to Council for approval; and 3. That the said By-law 80- be submitted to the Ontario Muni- cipal Board for review in conjunction with By-law 79-44. Respectfully submitted, d_ V4 � . NJF:lb D. N. Smith, M.C.I.P. December 27, 1979 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 80- A By-law to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle; NOW THEREI'ORE, the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 2 of By-law 79-44, is hereby amended by deleting from subsection 81` the words "a motor vehicle service station, a motor vehicle gasoline bar". 2. Section 2 of By-law 79-44 is hereby amended by deleting from subsection 84 the words "a motor vehicle service station". 3. Section 2 of By-law 79-44 is hereby amended by adding to sub- section 105, after the words "Commission or Ministry" the words ",including Ontario Hydro". 4. Section 3 of By-law 79-44 is hereby amended by adding to sub- section 17(d) the following: "However, Council approval shall not be required for any power transmission line to be erected by Ontario Hydro, provided that such a line has been approved pursuant to the provisions of the Environmental Assessment Act, 1975." 2 - 5. Section 4 of By-law 79-44 is hereby amended by deleting from subsection 1 the words "ESTATE RESIDENTIAL ZONE" and the symbol "ER". 6. Section 6 of By-law 79-44 is hereby amended by deleting from subsection 1(b) thereof the words "a golf course". 7. Section 14 of By-law 79-44 is hereby deleted and replaced by the following: "SECTION 14 HIGHWAY COMMERCIAL (C2) ZONE 14.1 PERMITTED USES No person shall within any C2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C2 uses, namely: (a) RESIDENTIAL USES a single family dwelling house, if occupied by the owner, caretaker, watchman or other similar person and his family, if employed on the lot on which such dwelling house is located a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES an ambulance service • convenience store • drive-in restaurant • dry-cleaning establishment an eating establishment • farm implement dealer • farm produce retail outlet • greenhouse • hotel • coin-operated laundry 3 - a motel a motor vehicle dealership a motor vehicle repair garage an automatic motor vehicle wash • rental agency • tourist home 14.2 ZONE PROVISIONS No person shall within any C2 Zone use any lot or erect, alter or use any building or structure except in 'accord- ante with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 6,000 sq. ft. (iii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq. ft. (iv) single family dwelling on public water and septic tank or private well and sanitary sewers 12,000 sq. ft. (v) single family dwelling on private well and septic tank 24,000 sq. ft. (vi) hotel or motel on public water and sanitary sewers 20,000 sq. ft. (vii,) hotel or motel on public water and septic tank or private well and sani- tary sewers 30,000 sq. ft. except that an addit- ional 2,000 sq. ft. of lot area is required where a dwelling unit is located in a portion of a non-residential building - 4 - (viii) hotel or motel on private well and septic tank 40,000 sq. ft. except that an additional 4,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-resi- dential building (ix) other permitted uses on public water and sanitary sewers 7,500 sq. ft. (x) other permitted uses on public water and septic tank or private well and sanitary sewers 15,000 sq. ft. except that an additional 2,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-residential building (xi) other permitted uses on private well and septic tank 30,000 sq. ft. except that an additional 4,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-residential building (b) LOT FRONTAGE (MINIMUM) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 50 feet - 5 - (iii) single family dwelling on corner lot with public water and sanitary sewers 70 feet (iv) single family dwelling on public water and septic tank or private well and sanitary sewers 100 feet (v) single family dwelling on private well and septic tank 120 feet (vi) hotel or motel on public water and sanitary sewers 100 feet (vii) hotel or motel on public water and septic tank or private well and sanitary sewers 150 feet (viii) hotel or motel on private well and septic tank 200 feet (ix) other permitted uses Nil (c) FRONT YARD (MINIMUM) (i) hotel or motel 45 feet (ii) other permitted uses 25 feet (d) INTERIOR SIDE YARD (MINIMUM) (i) single family dwelling 10 feet on one side, 4 feet on the other side plus 2 feet on the narrow side for each addition- al or partial storey above the first, provided that where a garage or carport is attac- hed to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or partial storey above the first. - 6 - (ii) other permitted uses 20 feet except that where the interior side lot line abuts a Residential Zone the min- imum interior sideyard width shall be 30 feet. (e) EXTERIOR SIDE YARD (MINIMUM) (i) hotel or motel 40 feet (ii) other permitted uses 25 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (MINIMUM) Minimum for a dwelling unit con- taining one bedroom 600 sq. ft. Minimum for a dwelling unit con- taining two bedrooms 700 sq. ft. Minimum for a dwelling unit con- taining three bedrooms 900 sq. ft. Minimum for a dwelling unit con- taining more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (h) FLOOR AREA RATIO (MAXIMUM) (i) public use on public water and sanitary sewers 0.50 (ii) public use on public water and septic tank 0.35 (iii) public use on private well and septic tank or private well and sanitary sewers 0.25 (iv) single family dwelling on public water and sanitary sewers 0.40 (v) single family dwelling on public water and septic tanks or private well and sanitary sewers 0.20 (vi) single family dwelling on private well and septic tank 0.10 7 - (vii) hotel or motel on public water and sanitary sewers 0. 35 (viii) hotel or motel on public water and septic tank or private well and sanitary sewers 0.12 (ix) hotel or motel on private well and septic tank 0.09 (x) other permitted uses on public water and sanitary sewers 0.40 (xi) other permitted uses on public water and septic tank or private well and sanitary sewers 0.30 (xii) other permitted uses on private well and septic tank 0.15 (i) LOT DEPTH (MINIMUM) Nil (J) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 (i) single family dwelling or public use 88 feet (ii) other permitted uses 98 feet (c) Regional Road (i) single family dwelling or public use 58 feet (ii) all other permitted uses 68 feet (d) Other Road (i) single family dwelling or public use 58 feet (ii) all other permitted uses 68 feet (k) LANDSCAPED OPEN SPACE (MINIMUM) 30% (1) DWELLING UNITS PER LOT (MAXIMUM) 1 (m) BUILDING HEIGHT (MAXIMUM) 35 feet - a - (n) SINGLE FAMILY DWELLING HOUSE AND NON-RESIDENTIAL BUILDING ON SAME LOT Where a permitted single-family dwelling house is erected, altered or used on the same lot in a Com- mercial Zone as a permitted Non-Residential building, then no yard is required between such buildings, pro- vided that in no case shall a single-family dwelling house be erected, altered or used within 10 feet of a motor vehicle service station, motor vehicle gasoline bar, or motor vehicle repair garage. (o) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the corresponding provisions for the non-residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle garage, motor vehicle dealership, or motor vehicle service station. (p) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft. (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof 14.3 USES PERMITTED IN C2-1 ZONE A trailer sales, service, and rental outlet and the over- night rental of existing trailer spaces during May to October only shall be a permitted use in the C2-1 Zone in Lot 25, Concession I as delineated on Schedule 'A' Zone Map. 1.4.4 USES PERMITTED IN C2-2 ZONE In addition to the uses permitted by subsection 14.1 hereof, the lands designated C2-2 on the attached Schedule "A" hereto may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions: (a) RETAIL GASOLINE ESTABLISHMENT. (i) LOT AREA (MINIMUM) 12,500 sq. ft. (ii) LOT FRONTAGE (MINIMUM) 125 feet (iii) FRONT YARD (MINIMUM) 45 feet - 9 - (iv) INTERIOR SIDE YARD (MINIMUM) 20 feet except that where the interior side lot line abuts a Residential Zone, the minimum interior side- yard width shall be 30 feet (v) EXTERIOR SIDE YARD (MINIMUM) 40 feet (vi) REAR YARD (MINIMUM) 25 feet (vii) FLOOR AREA RATIO (MAXIMUM) 0.17 (viii) LOT DEPTH (MINIMUM) 100 feet except that where the lot is a corner lot, the minimum lot depth shall be 125 feet. (ix) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 98 feet (b) Regional Road 68 feet (c) Other Road 68 feet (x) LANDSCAPED OPEN SPACE (MINIMUM) 30% (xi) BUILDING HEIGHT (MAXIMUM) 35 feet (xii) PUMP LOCATION Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or motor vehicle gasoline bar, may be located within any front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street line shall be 15 feet; and (ii) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. v - 10 - (xiii) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft. (xix) GENERAL, PROVISIONS In accordance with the provisions of Section 3 hereof. (b) OTHER PERMITTED USES In accordance with the provisions of subsection 14.2 hereof. 8. Section 15 of By-law 79-44 is hereby deleted and replaced by the following: "SECTION 15 GENERAL COMMERCIAL (C3) ZONE 15.1 PERMITTED USES No person shall within any C3 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C3 uses, namely: (a) RESIDENTIAL USES a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES • business or professional office • convenience store • dry cleaning establishment an eating establishment • financial office • funeral home • hotel • coin-operated laundry • laundry establishment • medical clinic • motel • parking lot • passenger transport depot • place of entertainment • retail commercial establishment • service shop a •taxi office and waiting room 15.2 ZONE PROVISIONS No person shall within any C3 Zone use any lot or erect, alter or use any building or structure except- in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) hotel or motel on public water and sanitary sewers 20,000 sq. ft. (ii) other permitted tises Nil (b) LOT FRONTAGE (MINIMUM) (i) hotel or motel on public water and sanitary sewers 100 feet (ii) other permitted uses Nil (c) FRONT YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses Nil (d) INTERIOR SIDE YARD (i) public use 20 feet (ii) other permitted uses Nil (e) EXTERIOR SIDE YARD (MINIMUM) (i) public use 25 feet (il) other permitted uses Nil (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses Nil (g) LOT DEPTH (MINIMUM) Nil (h) FLOOR AREA RATIO (MAXIMUM) (i) public use on public water and sanitary sewers 0.50 (ii) other permitted uses on public water and sanitary sewers 3.00 12 - (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 (i) public use 88 feet (ii) other permitted uses 43 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses 53 feet (c) Other Roads (i) public use 58 feet (ii) other permitted uses 33 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use 30% of lot area (ii) hotel or motel 5% of lot area (iii) other permitted uses Nil (k) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft. (1) BUILDING HEIGHT (MAXIMUM) (i) public use 35 feet (ii) other permitted uses Nil (m) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a portion of a non-residential build- ing shall be in accordance with the corresponding pro- visions for the non-residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle service station, motor vehicle repair garage or motor vehicle dealership. (n) DWELLING UNIT AREA Minimum for a dwelling unit containing one bedroom 600 sq. ft. Minimum for a dwelling unit containing two bedrooms 700 sq. ft. Minimum for a dwelling unit containing three bedrooms 900 sq. ft. - 13 - Minimum for a dwelling unit containing more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (o) MAXIMUM NUMBER OF DWELLING HOUSES PER LOT In a C3 Zone, except in the case of a motor vehicle service station, more than one dwelling unit may be permitted in an existing Non-Residential building provided that no exterior enlargement occurs, 'that such dwelling units are not located on the ground floor and that such dwelling units comply with all other provisions of this By-law. (p) MOTEL (i) DISTANCE BETWEEN BUILDINGS Where more than one building is erected on the same lot, the minimum distance between buildings shall be not less than 50 feet; provided that where two external walls facing and parallel to each other contain no openings or windows to habitable rooms, the distance between such two walls may be reduced to 10 feet. (ii) COURTS Where a building erected on a lot is in a court form, the distance between the opposite walls of the buildings forming the court shall be not less than 70 feet. (iii) EXTERIOR WALLS Where the exterior wall of a guest room contains a habitable room window such wall shall be located no closer than 25 feet to any interior side or rear lot line. (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. 14 - 15.3 USES PERMITTED IN C3-1 ZONE In the C3-1 Zone, an existing box factory shall be a permitted use. 15.4 USES PERMITTED IN C3-2 ZONE In addition to the uses permitted by Section 15.1 hereof, the lands zoned C3-2 may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions: (a) RETAIL GASOLINE ESTABLISHMENT (i) LOT AREA (MINIMUM) 12,500 sq. ft. (ii) LOT FRONTAGE (MINIMUM) 125 feet (iii) FRONT YARD (MINIMUM) 45 feet (iv) INTERIOR SIDE YARD (MINIMUM) 20 feet except that where the interior side lot line abuts a Residential Zone, the min- imum interior side yard shall be 30 feet. (v) EXTERIOR SIDEYARD (MINIMUM) 40 feet (vi) REAR YARD (MINIMUM) 25 feet (vii) LOT DEPTH (MINIMUM) 100 feet except that where the lot is a corner lot, the min- imum lot depth shall be 125 feet. (viii) FLOOR AREA RATIO (MAXIMUM) 0.17 (ix) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 88 feet (b) Regional Road 78 feet (c) Other Roads 78 feet (x) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (xi) BUILDING HEIGHT (MAXIMUM) 35 feet - 15 - (xii) PUMP LOCATION Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or motor vehicle gasoline bar, may be located within any front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street line shall be 15 feet; and (ii) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. (xiii) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." (b) OTHER PERMITTED USES In accordance with the provisions of Section 15.2 hereof. 9. Section 17 of By-law 79-44 is hereby deleted and replaced by the following: SECTION 17 RESTRICTED INDUSTRIAL (Ml) ZONE "17.1 PERMITTED USES No person shall within any Ml Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following M1 uses, namely: (a) RESIDENTIAL USES prohibited 16 - (b) NON-RESIDENTIAL USES a cold storage plant a manufacturing or processing plant a motor vehicle repair garage open storage when accessory to a permitted use • processing plant • rental agency • warehouse a ,workshop 17.2 ZONE PROVISIONS No person shall within any Ml zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) other permitted uses on lot with public water and sanitary sewers 20,000 sq. ft. (iii) other permitted uses on lot with public water and septic tank or private well and sanitary sewers 25,000 sq. ft. (iv) other permitted uses on lot with private well and septic tank 30,000 sq. ft. (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 50 feet (iii) other permitted uses on a lot abutting any other zone 80 feet (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 50 feet (iii) other permitted uses on a lot abutting any other zone 80 feet 17 - (e) INTERIOR SIDE YARD (MINIMUM) (i) public use 20 feet (ii) other permitted use on a lot abutting an Industrial Zone 10 feet (iii) other permitted use on a lot abutting any other zone 60 feet (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted use on a lot abutting an industrial zone 45 feet (iii) other permitted use on a lot abutting any other zone 75 feet (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary sewers (a) public use 0.50 (b) other permitted uses 0.60 (ii) lot with public water and septic tank or private well and sanitary sewers (a) public use 0.35 (b) other permitted uses 0. 35 (iii) lot with private well and septic tank (a) public use 0.25 (b) other permitted uses 0. 30 (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 83 feet (iii) other permitted uses on a lot abutting any other zone 113 feet (c) Other Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 83 feet (iii) other permitted uses on a lot abutting any other zone 113 feet (i) LOT DEPTH (MINIMUM) Nil (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use 30% of lot area (ii) other permitted uses 5% of lot area (k) BUILDING HEIGHT (MAXIMUM) (i) public use 35 feet (ii) other permitted uses If any portion of a build- ing is erected above a height of 40 feet, such portion must be set back from the centre- line of the abutting street or from the front, side or rear lot line, as the case may be, in addition to the minimum setback, front, side or rear yard requirements of this By-law a further dis- tance of one foot for each foot by which such portion of the building is erected above a building height of 40 feet (1) PERFORMANCE STANDARDS All permitted uses in a Restricted Industrial Zone shall be in accordance with the following standards of perform- ance: - 19 - TYPE OF EMISSION MAXIMUM EMISSION PERMISSABLE (i) Noise Imperceptible at any point on any lot line Odours, Toxic or Corrosive Gases Nil Vibration Imperceptible outside the building (iv) Glare and Heat Imperceptible outside the building (v) Electromagnetic Imperceptible. outside the building (m) OPEN STORAGE No storage of goods or materials shall be permitted outside any building unless such goods or materials are enclosed within a wooden, plastic and/or metal fence, extending at least 6 feet in height from the ground, constructed of new materials. All such fences, except those constructed of aluminum, shall be painted and kept painted, from time to time, so as to maintain the wood or metal in good condition. (n) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards shall be kept open and unobstructed by any structure or parking area for motor vehicles, except for visitor parking areas. (o) PROPERTY ABUTTING RAILWAY Notwithstanding any other provision of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway right-of-way. (p) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." - 20 - 10. Section 18 of By-law 79-44 is hereby deleted and replaced by the following: "SECTION 18 GENERAL INDUSTRIAL (M2) ZONE 18.1 PERMITTED USES No person shall within any M2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following M2 uses, namely: (a) RESIDENTIAL USES prohibited (b) NON-RESIDENTIAL USES bus storage a contractor's yard fuel storage tanks • lumber yard • manufacturing or processing plant • motor vehicle body shop • motor vehicle repair garage • municipal yard open storage when accessory to a permitted use • processing plant • rental agency • truck terminal or yard • warehouse • workshop 18.2 ZONE PROVISIONS No person, shall within any M2 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) other permitted uses on lot with public water and sanitary sewers 20,000 sq. ft. (iii) other permitted uses on lot with public water and septic tank or private well and sanitary sewers 25,000 sq. ft. 21 - (iv) other permitted uses on lot with private well and septic tank 30,000 sq. ft. (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 70 feet- (iii) other permitted uses on a lot abutting any other zone 105 feet (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 70 feet (iii) other permitted use on a lot abutting any other zone 105 feet (e) INTERIOR SIDE YARD (MINIMUM) (i) public use 20 feet (ii) other permitted use on a lot abutting an Industrial Zone 10 feet (iii) other permitted use on a lot abutting any other. zone 60 feet (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted use on a lot abutting an Industrial Zone 45 feet (iii) other permitted use on a lot abutting any other zone 75 feet (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary sewer (a) public use 0.50 (b) other permitted uses 0.60 22 - (ii) lot with public water and septic tank or private well and sanitary sewers (a) public use 0.35 (b) other permitted uses 0.35 (iii) lot with private well and septic tank (a) public use 0.25 (b) other permitted uses 0.30 (h) SETBACK FROM STREET CENTREL'INE (MINIMUM) (a) Highway 401 195 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 103 feet (iii) other permitted uses on a lot- abutting any other zone 133 feet (c) Other Road (i) public use 58 feet (ii) other permitted uses .on a lot abutting an Industrial Zone 103 feet (iii) other permitted uses on a lot abutting any other zone 133 feet (i) LOT DEPTH (MINIMUM) Nil (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use 30% of lot area (ii) other permitted uses 5% of lot area (k) BUILDING HEIGHT (MAXIMUM) (i) public use 35 feet (ii) other permitted uses If any portion of a building is erected above a height of 40 feet, such portion must be set back from the centreline of the abutting street or from the front, side or rear lot 23 - line, as the case may be, in addition to the minimum set- back, front, side or rear yard requirements of this By-law a further distance of one foot for each foot by which such portion of the building is erected above a building height of 40 feet. (1) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards shall be kept open and unobstructed by any structure or parking area for motor vehicles, except for visitor parking areas. (in) PROPERTY ABUTTING RAILWAY Notwithstanding any other provision of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway right-of-way. (n) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." 11. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to RU the zone designation of the lands indicated as "ZONE CHANGE TO RU" on the attached Schedule "X" hereto. 12. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to C2-2 the zone designation of the .lands indicated as "ZONE CHANGE TO C2-2" on the attached Schedule "X" hereto. 13. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to C3-2 the zone designation of the lands indicated as "ZONE CHANGE TO C3-2" on the attached Schedule "X" hereto. - 24 - 14. Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to RU the zone designation of the lands indicated as "ZONE CHANCE TO RU - SPECIAL CONDITION 2" on the attached Schedule "X" hereto, and by adding to the lands so indicated cross hatching and the figure 2 encircled. 15. Schedule "B" to By-law 79-44, as amended, is hereby further amended by adding thereto the following Special Condition 2, as follows: "SPECIAL CONDITION 2 The lands shown on Schedule "A" cross-hatched and marked with the figure 2 encircled shall be subject to the special regu- lations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any, other provision of By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 79-44, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross- hatched with the figure 2 encircled on the attached Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses, namely; - 25 - (a) RESIDENTIAL USES a single family dwelling an existing seasonal dwelling house (b) NON-RESIDENTIAL USES a home occupation 1.3 ZONE REQUIREMENTS (a) LOT AREA (MINIMUM) 2 acres (b) LOT FRONTAGE (MINIMUM) 330 feet .(c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINIMUM) 10 feet on one side 4 feet on the other 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 interior sideyard shall be 4 feet plus 2 feet for each additional or partial storey above the first. (e) EXTERIOR SIDE YARD (MINIMUM) 20 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (MINIMUM) 1,500 sq. ft. (h) FLOOR AREA RATIO (MAXIMUM) 0.10 v � C�) 26 - (1) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 88 feet (c.) Regional Road 58 feet (d) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (k) DWELLING UNITS PER LOT (MAXIMUM) 1 (1) BUILDING HEIGHT (MAXIMUM) 35 feet" 16. This By-law shall come into effect on the date hereof, subject to the approval of the Ontario Municipal Board. BY-LAW READ a first time this day of , A.D. 1980. BY-LAW READ a second time this day of , A.D. 1980. BY-LAW READ a third time and finally passed, this day of A.D. 1980. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk I ) I o 14 1 w a r rRU RU RU RU RU RU t «....,., ?..4 M I RU\ RU. ftl OS:. RI RI E11 R� fa Rl RU CF IC C2 oS I� -- - M2 1 Rlu '& C$ i`l RI R CF RI'f I RU (((''R���i RU RU 0 l 1...4�I-RI�l -tiU RU RU �( 1 � • � RU / I CF RU M2 M2 - os.l �V, Ru v i of-i - JRI RU RU t �- - RU RU RU os=l 09+ RU RU R C4 RU RU RU !�� RU \�!` M3 i RU RU RU RU RU I � RU CF . .. a RU RU RR RU OS --' - 03I « os-1 RU THIS IS SCHEDULE �X� TO BY-LAW 80- , PASSED THIS— DAY OF—,A.D. 1980. 1 "" G.B,Rickard,Mayor am d.M.Mellroy,Clark cm Im : :;;; ;;::; 1- ZONE CHANGE TO 'C2-2' `Z--ZONE CHANGE TO 'C3-2' 3-ZONE CHANGE TO 'RU' _ZONE CHANGE TO 'RU �° SPECIAL CONDITION 2' • .' RU RUd I 1'•mot !I RU RU RU OS-I ` RU RU 1 MI".•, I RU S t. R1 OS t --- R r+-III RU ` - ®E7 ti Rh'' RI RI I �� j Os M2 — CF C3 C2 —_--- - - RI <A ,C3 RI R! CF z f tl RI'L, 2.1 RU RU RU 11„,Y f �I� RU RU /,i ...:..,.,. RU RI „ea CF /OS•I pi i�1� R RU r M2 M2 �� OS,! s7i - _ RU Q -- __ J � )1 RU RU �1 RU RU RU rare ° OS-1 l � 031 RU RU ' R RU C4 ;tj RU RU 4 RU t EM 3 OS-(i7, RU RU RU RU I CF R\U \ �! RU RU RR RU Os•I OS-I _ RU THIS IS SCHEDULE X' TO BY-LAW 80- , PASSED THIS— DAY OF--- ,ArD. 1980. G.B,Rickard,Mayor J.M.Mcllroy,Clerk -:; — ZONE CHANGE TO rC2-2r t� ,.,•., tin ....,..... 2—ZONE CHANGE TO 'C3-2' _ 3—ZONE CHANGE TO 'RV _ZONE CHANGE TO 'RU e=+ t.;° SPECIAL CONDITION 2' RU I( RU RU MI RU RU RU M I I RU RU RI FU ! RI r i - RU 1 gOS M2 RI �p C3 I. CF 612 RR C2 — tlSl RI' I RU i RU RU 1 R I Ll R I U RU 1 FEI Rill I ;r,J RU RI RI ����11 RI - f2� �I�il� Ri CF ��•i ❑._ ( RU M2 M2 1f�� �i RU i r RU RU IRI X� +; RU RU RU t r RU R( — — RU C4 r� RU I RU -- - :.RU M3 OS-�, t � I RU RU RU RU I RU\\ CF RU NXV i RU RRI ,.. RU �, bS I US•I OS-1 3-oe RU THIS IS SCHEDULE 'X' TO BY-LAW 80--, PASSED THIS— DAY OF -- ,A.-D. 1930. Cm Im G.R,Rickard,Mayor Cm w .... J.M.Mcilroy,Clerk G� ; ' °w^ -,am —ZONE CHANGE TO 'C24 am 2—ZONE CHANGE TO 'C3-2' _ 3—ZONE CHANGE TO 'RU' I - 4_ZONE CHANGE TO 'RU �.° SPECIAL CONDITION 2'