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HomeMy WebLinkAbout1587 - Consolidated IF BY W 15*87 as am 'tided . of the.. former Town of. . Eow:manvslle . .now in the Town of Newcastle OFFICE CONSOLIDATION Prepared 'by the Town of Newcastle, r-{ planning p nin & Develop ment Department THIS EDITION IS PREPARED FOR THE PURPOSES OF CONVENIENCE ONLY. FOR ACCURATE REFERENCE, RECOURSE SHOULD BE MADE TO THE ORIGINAL BY-LAW. C THE CORPORATION OF THE TOWN OF BOWMANVILLE ZONING BY-LAW 1587 AS AMENDED CONSOLIDATED OFFICE COPY (Approved 1955) i BY-LAW HISTORY BY-LAW AMENDED (A) DATE PASSED DATE APPROVED BY-LAW NUMBER OR REPEALED (R) BY COUNCIL BY O.M.B. 1587 August 2, 1955 1612 1587(A) July 3, 1956 July 20, 1956 1700 1587 & 1612 (A) February 5, 1959 September 10,- 1959 1825 1587 (A) October 2, 1961 June 20, 1962 1826 1587 (A) October 2, 1961 Repealed 1834 1826 (R) January 22, 1962 Repealed 1835 1587 (A) January 30, 1962 June 20, 1962 1879 1587 (A) June 3, 1963 Repealed 1887 1879 (R) October 7, 1963 Repealed 1888 1587 (A) October 7, 1963 November 15, 1963 1889 1587 (A) Repealed Repealed ( 1896 1889 (R) January 20, 1964 Repealed 1916 1587 (A) July 6, 1964 June 11, 1965 1933 1587 (A) April 5, 1965 Not Approved 1934 A 1916 (A) May 3, 1965 Board Order - June 11/6' 1936 1587 (A) May 3, 1965 July 6, 1965 1937 1916 (A) June 7,1965 June 11, 1965 1974 1587 (A) May 31, 1966 July 22, 1966 1986 1587 (A) September 19, 1966 October 24, 1966 71-30 1587 (A) September 7, 1971 May 4, 1972 71-42 1587 (A) November 15, 1971 June 2, 1971 72-13 1587 (A) March 6, 1972 June 1, 1972 72-20 1587 (A) May 15, 1972 August 18, 1972 72-31 1587 (A) July 4, 1972 October 22, 1973 72-32 1587 (A) July 4, 1972 June 7, 1973 , - 2 - i BY-LAW AMENDED (A) DATE PASSED DATE APPROVED BY-LAW NUMBER OR REPEALED (R) BY COUNCIL BY O.M.B. 73-14 1587 (A) February 26, 1973 April 10, 1973 73-25 1587(A) & 72-31(A) May 7, 1973 October 22, 1973 73-26 72-32 (A) May 7, 1973 Board Order -. June 7/73 73-44 1587 (A) August 7, 1973 October 1, 1973 74-43 1587 (A) April 1, 1974 August 13, 1974 74-83 1587 (A) December 2, 1974 Repealed 74-84 1587 (A) December 2, 1974 August 8, 1975 75-3 1587 (A) Not Approved Not Approved 75-61 74-84 (A) July 21, 1975 No Record at O.M.B. 75-62 74-83(R) & 1587(A) July 21, 1975 October 6, 1975 75-66 1587 (A) August 19, 1975 March 17, 1976 75-73 1587 (A) October 6, 1975 March 3, 1976 76-22 1587 (A) May 3, 1976 July 16, 1976 76-38 1587 (A) June 7, 1976 April 22, 1977 76-70 74-43 (A) November 15, 1976 February 24, "1977 76-78 1587 (A) December 13, 1976 March 18, 1977 77-5 1587 (A) January 17, 1977 August 24, 1977 77-8 1587 (A) March 7, 1977 June '1, 1977 77-39 77-8 (A) May 24, 1977 June 1, 1977 77-57 1587 (A) July 26, 1977 Repealed 77-61 77-57 (R) August 18, 1977 December 11, 1978 77-80 1587 (A) October 24, 1977 January 11, 1978 78-16 1587 (A) March 13, 1978 June 6, 1978 78-23 1587 (A) March 27, 1978 June 7, 1978 78-24 1587 (A) August 4, 1978 June 7, 1978 78-80 1587 (A) August 28, 1978 November 9, 1978 i 3 - BY-LAW AMENDED (A) DATE PASSED DATE APPROVED BY-LAW NUMBER OR REPEALED (R) BY COUNCIL BY O.M.B. 78-81 1587 (A) August 28, 1978 November 8, 1978 78-82 1587 (A) August 28, 1978 November 9, 1978 78-106 1587 (A) November 6, 1978 January 16, 1-979 79-116 1.587 (A) October 22, 1979 Board's Order November 77-61(R) 26, 1979 79-100 1587 (A) September 24, 1979 November 13, 1979 79-112 1587(A) October 22, 1979 March 12, 1980 80-44 1587 (A) April 21, 1980 June 2, 1980 (Sec. 35(1( Of Planning Act 80-57 1587 (A) May 5, 1980 June 19, 1980 (Sec. 350 80-25 1587 (A) Mar. 10, 1980 June 10, 1980 79-99 1587 (A) Sept. '28, 1979 July 3, 1980 (Sec. 35(2 of Planning Act. r 80-100 1587 (A) July 28, 1980 Sept. 11, 1980 (Sec. 35 (24) of Planning Act. 80-66 80-25(R) June 2, 1980 June 13, 1980 81-70 1587(a) June 1, 1981 August 21, 1981, Subjec to Section 35(24) of The Planning Act 81-84 1587(a) July 13, 1981 August 24, 1981, subjec to Section 35(.24) of the Planning Act. 81-79 1587(a) June 29, 1981 August 24, 1981, subjec to Section 35(24) of the Planning Act. 81-96 15 87 (a) July 27, 1981 September 3, 1981, subject to Section35(2, of the Planning Act. 81-99 1587 (a) August 5, 1981 September 3, 1981,sub. to Section 35 (24) of the Planning Act. 81-152 1587(a) October 5, 1981 March 19, 1982 82-54 1587(x) April 26, 1982 June 4, 1982, subject to Section 39(28) of The Planning Act. BY-LAW BY-LAW AMENDED (A) DATE PASSED BY DATE APPROVED BY O.M.B. NUMBER BY-LAW REPEALED (R) COUNCIL 82-66 1587(A) May 10, 1982 June 23, 1982 subject to Section 39(28) of The Planning Act 82-80 1587(A) June 7, 1982 July 16, 1982 subject to Section 39(28) of The Planning Act 81-172 1587(A) Oct. 19, 1981 Ontario Municipal Board approval July 7, 1982 82-92 1587(A) July 5, 1982 September 2, 1982, subject to Section 39(25) of The Planning Act 82-160 1587(A) November 1 , 1982 Ontario Municipal Board approval February 21 , 1983 83-37 1587(A) March 14, 1983 Ontario Municipal Board approval April 19, 1983 83-53 1587(A) March 28, 1983 April 29, 1983, subject to Section 39(28) of The Planning j Act 83-59 1587(A) April 11 , 1983 May 16, 1983, subject to Section' 39(25) of The Planning Act 82-109 1587(A) July 28, 1982 Ontario Municipal Board approval , June 10, 1983 83-86 1587(A) June 13, 1983 July 29, 1983, subject to Section 39(25) of The Planning Act 83-108 1587(A) July 25, 1983 August 29, 1983, subject to Section 39(25) of The Planning Act 83-111 1587(A) July 25, 1983 August 29, 1983, subject to Section 39(25) of The Planning Act 83-125 1587(A) September 26,1983 October 31 , 1983, subject to Section 39(25) of the Planning Act 83-139 1587(A) October 11 , 1983 November 22, 1983, subject to Section 39(25) of the Planning Act 83-166 1587(A) December 12, 1983 January 17, 1984, subject to Section 34 of the Planning Act THE ZONING BY-LAW OF THE TOWN OF BOWMANVILLE BY-LAW 1587 AS AMENDED SECTION 1: TITLE This By-law may be cited as "The Zoning By-law of the Town of Bowmanville. SECTION 2: DEFINED AREA The provisions of this By-law shall apply to all land now { included within the boundaries of the Corporation of the Town of Bowmanville. i 1 BY-LAW BY-LAW AMENDED (A) DATE PASSED BY DATE APPROVED BY O.M.B. NUMBER BY-LAW REPEALED (R) COUNCIL 84-14 1587(A) January 23, 1984 February 28, 1984, subject to Section 34 of the Planning Act 84-24 1587(A) February 27, 1984 April 3, 1984, subject to Section 39(25) of the Planning Act. R.S.O. 1980 i SECTION 3: DEFINITIONS (Amended by By-law No. 72-32) 1 In this By-law unless the context otherwise requires. 3.1 "Accessory Building or Structure" (i) means a detached building or structure that is not used for human habitation, but the use of which is naturally and normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot therewith, and includes a detached private garage or a detached carport. 3.2 "Accessory Use" means a use naturally and normally incidental to, subordinate to or exclusively devoted to a principal use and located on the same lot therewith. 3.3 "Agricultural Use" (i) means a use of land, building or structure for the purpose of animal husbandry, bee-keeping, dairying, fallow, field crops, forestry, fruit farming, horticulture, market gardening, pasturage, poultry-keeping or � any other farming use, and (ii) includes the growing, raising, packing, treating, storing and sale of produce produced on the premises and other similar uses customarily carried on in the field of general agriculture and which are not obnoxious. 3.4 "Alter" means any alteration in a bearing wall or partition column, beam, girder, or other supporting member of a building or structure or any increase in the area or cubic contents of a building or structure. 3.5 "Animal Hospital" means the premises of a veterinary surgeon where animals, birds or other livestock are treated or kept. 3.6 "Apartment House" (i) means a separate building containing five (5) or more dwelling units each of which is occupied by only one family, and which units have a common entrance from the street level, but (ii) does not include a boarding or rooming house. 3.6A "Apartment House - Senior Citizens" (Added By By-law 78-106) t` means an Apartment House operation by or for the Corporation of the Town of Newcastle, the Ontario Housing Corporation, or any non-profit organization and occupied primarily by persons 65 years of age or older. 3.7 "Automobile Service Station" (i) means a building or place (1) where gasoline or other motor fuels are kept for sale and for y deliver directly into a motor vehicle,are (2) used only for the sale and delivery described in Clause (1) of this sub-paragraph and for performance of minor running repairs essential to the actual operation of motor vehicles and for the sale to the motoring public of goods usual to the trade, but (ii) does not include a public garage or an automatic car washing establish- ment. 3''.8 "Bachelor Unit" ( (i) means a dwelling unit in which only one room or part thereof contains sleeping accommodation, and which room is used as a living or dining room, or both, as well as for sleeping purposes, but (ii) does not mean or include a dwelling unit containing one or more rooms designed exclusively for sleeping accommodation. 3.9 "Basement" means that portion of a building between two floor levels which is partly underground, but which has at least half of its height, from finished floor to underside of floor joists of the next above storey, above the average finished grade level adjacent to the exterior walls of the building and in which the height from finished grade to underside of the floor joists of the next above storey is less than six (6') feet. 3.10 "Boarding or Rooming House" (i) means a dwelling in which lodging with or without meals is supplied for gain to three (.3) or more persons other than the lessee, tenant or owner of said dwelling, or any member of his family, but (ii) does not mean or include a motel, hotel, hospital or similar commercial or institutional use, or apartment house. 3.11 "Boat Mooring" means docking facilities, mooring slips and boat storage areas. 3.12 "Boatel" means one building or two or more connected or detached buildings used for the purpose of catering to the needs of the travelling public by furnish- ing sleeping accommodation. 3.13 "Building Line" means any line regulating the position of a building or structure on a lot. 3.14 "Building Line, Established" means where the combined frontage of the existing buildings on any side of one block exceeds more than one-half of the frontage of the said side, there shall be determined an established building line as at the average set back from the street line of existing buildings, provided that this distance is not less than forty feet from the centre line of the street, and further provided that the foregoing provision shall not apply where ! the said existing buildings front on a street having a width less than sixty-six (66) feet. Where less than sixty-six feet and no "established building line" the building line shall not be less than fifty-five (55) feet from -the centre line of the street. 3.15 "Carport" means a building or structure or part thereof, at least forty percent (40%) of the area of the perimeter faces of which is open and unobstructed by any wall, door, post or pier. (i) which is used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles of less than one (1) ton maximum capacity, and (ii) wherein neither servicing or repairing is carried on for profit or re- muneration. 3.16 "Cellar" means that portion of a building between two floor levels, (i) which is partly or wholly underground, and (ii) which has more than one-half of its height, from finished floor to finished ceiling, below average finished grade level adjacent to the exterior walls of the building. 3.17 "Cemetery" means a cemetery or columbarium (structure for vaults) within the mean- ing of the Cemetery Act, being Chapter 46 of the Revised Statutes of Ontario, 1960, as amended from time to time. 3.18 "Church" means a building set aside by any religious organization for public worship. 3.19 "Clinic" means a building or part thereof used by qualified medical practitioners, dentists, osteopaths, or other drugless practitioners, numbering more than two for public or private medical, surgical, physio-therapeutic or other human health purpose except when included within or accessory to a private or public hospital. 3.20 ""Club" (i) means a building or part of a building used as a meeting place for members of an organization, and ( (ii) includes a lodge, a fraternity or sorority house and a labour union hall. 3.21 "Commercial" means the use of land, building or structure for the purpose of buying and selling commodities, and supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and other similar uses. 3.22 "Commercial Club" means any club other than a private club. 3.22(a) "Convenience Retail Store" means a retail store serving the daily or occasional needs of the residents in the immediate area with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware, magazines and newspapers. (Added by By-law No. 73-26) 3.23 "Council" means the Council of the Corporation of the Town of Bowmanville.. 3.24 "Custom Workshop" (i) means a building or part of a building used by a trade, craft or guild for the manufacture in small quantities of made-to-measure clothes or articles, and (ii) includes upholstering, but does not include metal spinning, woodworking, or furniture manufacture, or any factory production or any shop or fac- tory otherwise classified or defined in this By-law. 3.24A "Development Agreement" (Added By By-Law No. 74-84) means any agreement entered into by an owner of land and the Corporation, pursuant to Section 35a of The Planning Act, R.S.O. 1970. 3.25 "Dwelling" means a separate building containing one or more dwelling units. 3.26 "Dwelling, converted" means a dwelling altered to contain a greater number of dwelling units. 3.27 "Dwelling, duplex" means a separate building of two (2) or more storeys divided horizontally into not more than two (2) dwelling units, each of which is completely on a separate storey, and which building is used by not more than two (2) families. 3.28 "Dwelling, fourplex" means a separate building containing only four (.4) dwelling units and used by not more than four (4) families. 3.29 "Dwelling, one family detached" means a separate building containing not more than one dwelling unit and used by not more than one family. 3.30 "Dwelling, semi-detached" means a separate building divided vertically into not more than two (.2) dwelling units, and which dwelling units may be held in separate ownership and which building is used by not more than two (2) families. - a 3.31 "Dwelling, split level" means a dwelling containing three (3) or more sections at different levels where the difference in elevation is not less than three feet (3' ) nor more than six feet (6') between any such section and the next horizontally adjoin- ing section, and two (2) or more of such sections are to contain one or more habitable rooms. 3.32 "Dwelling, triplex" means a separate building containing only three (3) dwelling units and used by not more than three (3) families. 3.33 "Dwelling, terrace" means a separate building divided vertically into more than three (3) but fewer than sixteen (16) dwelling units, on the same level. 3.34 "Dwelling Unit" (i) means one room or a group of rooms in a building used or designed or intended to be used by only one family as a single, independent and separate housekeeping establishment (1) in which food preparation and sanitary facilities are provided for the exclusive use of such family and (2) which has a private entrance from outside the building or from a common hallway or stairway inside the building, but (ii) does not mean or include a tent, trailer, mobile home, or a room or suite of rooms in a boarding or rooming house, in a hotel, motel, motor hotel, or tourist home. 3.35 "Erect" (i) means, with reference to a building or structure, build, construct, reconstruct or enlarge, and (ii) includes (1) any physical operation such as excavating, filling, grading or draining preparatory to building, construction, reconstruction, and (2) the moving of a building or structure from one location to another, and "erected" and "erection" have a corresponding meaning. I i 3.36 "Family" means: (i) a person or two (2) or more persons inter-related by bonds of consanguinity, marriage or legal adoption, and together with not more than two (2) persons unrelated to such persons, or (ii) not more than five (5) persons living together as a single, inde- pendent and separate housekeeping unit in one dwelling unit for the purpose of this paragraph, the word "family" includes and shall be deemed to include gratuitous guests and bona fide servants employed as such on the premises containing the said dwelling unit. 3.37 "Floor Area" means with reference to a building, the total habitable floor area within a building which area is measured between the exterior faces of the exterior walls or from the centre line of a common or party wall, but excluding any private garage, breezeway, porch, verandah, balcony, sun room, attic, base- ment, or cellar. 3.38 "Floor Area, gross" means the aggregate of the floor areas of all the storeys of all buildings on a lot expressed as a percentage of the lot area, and including the floor area of any basement, but not of any cellar or subcellar, which floor areas are measured between exterior faces of the exterior walls of the building at each floor level, .but excluding car parking areas within the building and, for the purpose of this paragraph the walls of an inner court are and shall be deemed to be exterior walls, and the gross floor area in each Zone applies only to that portion of such lot that is- located within said Zone. 3.39 "Floor area, ground" means the floor area of the lowest storey of a building approximately at or first above the finished grade level excluding any basement, cellar or sub- cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but 4 (i) excludes car parking areas within the building and (ii) for the purpose of this paragraph the walls of an inner court and shall be deemed to be exterior walls. 3.40 "Garage, private" means a building or part thereof used for the temporary parking or storage of private passenger motor vehicles or commercial vehicles of less than one ton maximum capacity and wherein neither servicing or repairing is carried on for remuneration. 3.41 "Garage, public" (i) means a building or place where motor vehicles are kept or stored for remuneration or repair, or a building or place used as a motor vehicle shop, but (ii) does not include an automatic car washing establishment, a motor vehicle sales lot or an automobile service station. 3.42 "Greenhouse, commercial" means a building for the growing of flowers, plants, shrubs, trees and U similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail. 3.43 "Greenhouse, farm" means a building for the growing of plants, shrubs, trees and similar vege- tation which are primarily transplanted outdoors on the same lot containing such greenhouse. 3.44 "Habitable Room" means a room in a dwelling used or intended to be used primarily for human occupancy, but does not include a bathroom, toilet room, serving or storage pantry, laundry and corridor. 3.45 "Height" means with reference to a building the vertical distance measured from the average finished grade level at the front elevation of such. building to: (i) in the case of a flat roof, the highest point of the roof surface, or the parapet, whichever is the greater, and (ii) in the case of a pitched roof, a point midway between the eaves and the ridge, but in calculating the height of a building, any construction used as ornament or for the mechanical operation of the building such as a mechanical penthouse, or a chimney, tower, cupola or steeple is not to be included. 3.46 "Home Occupation" means an accessory use conducted in a dwelling unit and which ( (i) is clearly secondary to the use of the dwelling unit as a private residence, (ii) does not change the character of the dwelling unit as a private resi- dence, (iii) does not have any exterior evidence of being conducted therein, (iv) does not create or become a public nuisance, in particular in respect to noise, traffic or parking, and (v) does not occupy more than twenty-five percent (25%) of the total floor area of the dwelling unit. 3.47 "Hospital, private" means a hospital as defined by The Private Hospital Act, being Chapter 305 of the Revised Statutes of Ontario, 1960 as amended from time to time, and a sanitarium as defined by The Private Sanitaria Act, being Chapter 307 of the Revised Statutes of Ontario, 1960, as amended from time to time. 3.48 "Hospital, public" means an institution as defined by The Public Hospitals Act, being Chapter 322 of the Revised Statutes of Ontario, 1960, as amended from time to time. 3.49 "Hotel" means (i) a building or connected buildings consisting of at least ten individual rental units used mainly for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation with or without food, but (ii) does not include rooming or boarding houses or apartments. 3.50 "Institutional" (i) means the use of land, buildings or structures for religious, charitable, education, health or welfare purposes, and (ii) includes churches, places of worship, public or private schools, and nursery schools. 3.51 "Landscaping" (i) means an area not built upon and not used for any purpose other than a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation and paths, walks, patios, fences, and similar appurtenances, but (ii) does not include parking areas, parking lots, driveways, or ramps. 3.52 "Light Industry" means any industry which is not offensive or likely to be offensive by rea- son of the amount of noise, smoke, odour or vibration. 3.53 "Loading Space ' means an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area (i) is provided for the temporary parking of one commercial motor vehicle, which merchandise or materials are being loaded or unloaded from such vehicle, and such parking is not for the purpose of offering commodities for sale or display, and (ii) is adequate for the temporary parking of one commercial motor vehicle, and (iii) is not less than twelve feet (12') in width, nor less than thirty feet (30') in length, nor less than fourteen feet (14') in clear and unob- structed height, exclusive of any land used for access, maneuvering, driveway or a similar purpose, and (iv) is not upon or partly upon any street, lane or alley, and (v) has adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle. 3.54 "Lot" means a parcel or trace of land (i) which is a whole lot as shown on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purpose of this paragraph does not include a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under a by-law passed pursuant to Section 29 of The Planning Act, being Chapter 349 of'the'Revised Statutes of Ontario, 1970 as amended from time to time, or (ii) which fronts a public highway and is a separate parcel of land without any adjoining lands being owned by the same owner or owners as of the date of passing of this By-law, or (iii) the description of which is the same as in a deed which has been given consent pursuant to Section 29 of The Planning Act, being Chapter 349 of the Revised Statutes of Ontario, 1970 as amended from time to time, but for the purpose of this paragraph no parcel or tract of land ceases to be a lot by reason only of the fact that a part or parts of it has or have been conveyed to or acquired by the Municipality, the United Counties of Northumberland and Durham, Her Majesty in the Right of Ontario, or Her Majesty in the Right of Canada. (iv) is not upon or partly upon any street, lane or alley, and (v) has adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the tempor- ary parking or storage of any motor vehicle. 3.55 "Lot Area" means the total horizontal area within the lot lines of a lot and in the case of a corner lot having street lines rounding at the corner with a radius of twenty feet (20') or less, the lot area of such lot is to be calculated as if the lot lines were projected to this point of intersection. 3.56 "Lot, corner" means (i) a lot situated at the intersection of and abutting on two or more streets, or (ii) a lot abutting on one or more parts of the same street or of two or more streets in which an interior angle of less than one hundred and thirty-five (135) degrees is contained by the two straight lines which join the foremost point of the lot with the two points at which the lot lines meet the street or streets. 3.57 "Lot Coverage" (i) means that percentage of the lot area covered by all buildings above ground level, but (ii) does not include that portion of the lot area which is occupied by a ( building or portion thereof and which is completely below ground level, and for the purpose of this paragraph the lot coverage in each Zone applies and shall be deemed to apply only to that portion of such lot that is located within said Zone. 1"58 "Lot Depth" means the horizontal distance between the front and rear lot lines, but where the front and rear lot lines are not parallel the lot depth is the length of a line joining the mid-points of such lot lines. 3.59 "Lot Frontage" means the horizontal distance between the side lot lines measured along the front lot line, but where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is to be measured by a line twenty-five feet (.25') back from and parallel to the chord of the lot frontage, and for 'the purpose of this paragraph the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line. 3.60 "Lot, Interior" means a lot other than a corner lot. 3.61 "Lot Line" i means any boundary of a lot. 3.62 "Lot line, Front" means (i) the lot line that divides the lot from the street, but (ii) in the case of a corner lot the shorter street line shall be deemed to be the front lot line and the longer street line shall be deemed to be a side lot line, but (iii) in the case of a corner lot with two street lines of equal length, the lot line that abuts the wider street, or abuts a County or Provincial Road or Highway shall be deemed to be the front lot line and in the case of both streets being under the same jurisdiction, or of the same width, the owner of such corner lot may designate either street line as the front lot line. 3.63 "Lot Line, rear" means the lot line opposite the front lot line. 3.64 "Lot Line, side" means a lot line other than a front or rear lot line. 3.65 "Lot, reversed corner" means a corner lot, the side lot line of which is substantially a continu- ation of the front lot line of the lot to its rear. 3.66 "Lot through" means a lot other than a corner lot, having separate frontages on two streets. 3.67 "Marine" means a commercial operation publicly or privately owned, catering to the recreational boating public. 3.68 "Marine Service Station" means a place of business constructed and operated at a location bordering on a waterway to supply gasoline, oil, batteries, lubricants and accessories to boats and ships only, and where only minor emergency repairs are made. I 3.69 "Motel, or motor hotel" means a building or buildings consisting of a number of individual rental units, used for catering to the needs ,of the travelling public by furnishing sleeping accommodation with or without food. 3. 70 "Motor Vehicle Sales Room" (i) means a building or place where new or new and used motor vehicles; as defined by The Highway Traffic Act, being Chapter 172 of the Revised Statutes of Ontario, 1960, as amended from time to time, are kept for display or sale, or both, by an agent or dealer authorized by a motor vehicle manufacturer to sell such new motor vehicles, (ii) includes a lot used solely in connection with the building or place described in sub-paragraph (1) of this paragraph if that lot is not used exclusively for the sale and display of used motor vehicles. 3.71 "Municipality" means the Corporation of the Town of Bowmanville. 3. 72 "Parking Area" means an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area (i) comprises all parking spaces of at least the minimum number required according to the provisions of this By-law, and all driveways, aisles, maneuvering areas, entrances, exits and similar areas used for the purpose of gaining access to or egress from the said parking spaces and, (ii) is provided and maintained in accordance with all applicable provis- ions of this By-law. 3.73 "Parking Space" means an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area (i) is provided for the temporary parking or storage of one motor vehicle other than for the purpose of offering commodities for sale or display, (ii) is adequate for the temporary parking or storage of one motor vehicle and may be located within a private garage, building, carport or cov- ered area, (iii) is not less than nine feet (9') in width nor less than twenty feet (20') in length, exclusive of any use for access, maneuvering, driveway or a similar purpose, and (iv) has adequate access to permit ingress and egress of a motor vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle. 3.74 "Person" includes an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to which the same can apply according to law. 3.75 "Personal Service Shop" (i) means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual personal needs of persons, and (ii) includes such establishments as barber shops, beauty parlours, auto- matic laundry shops, hairdressing shops, shoe repair and shoe shine shops and depots for collecting dry cleaning and laundry. 3.76 "Private Club" means a building or part of a building used as a meeting place for members of an organization not operated for profit or of an athletic, social or recreational club not operated for profit. 3.77 "Recreational Uses" (i) means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres, snow skiing and all similar uses, together with necessary and accessory buildings and structures, but (ii) does not include a track for the racing of animals, motor vehicles, snowmobiles, or motor cycles, or golf driving ranges or minature golf courses. 3. 78 "Residential" means the use of land, buildings or structures for human habitation. 3. 79 "Retail Shop" ( means a building or part thereof in which goods, wares, merchandise, sub- stances, articles or things are offered or kept for sale by retail directly to the public. 3.80 "Service Industries" means the processing of milk and dairy products, a bakery, a public garage including engine and body repair shop, a printing establishment, a laundry or cleaning establishment, a paint shop, plumbing shop, sheet metal shop and similar uses. 3.81 "Service Shop ' (i) means a building or part thereof used for the sale or repair of household articles, and (ii) includes radio, television and applicance repair shops, but (iii) does not include industrial or manufacturing uses or motor vehicle repair shops. 3.82 "Sight Triangle" means an area free of buildings or structures and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, a distance of forty feet (401) along each such street line and joining such points with a straight line and the triangular- shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the "sight triangle". 3.83 "Sign" (i) means a display board, screen, cloth or structure having characters, letters or illustrations applied thereto or displayed thereon in any manner, and (ii) includes: (1) a sign within a building that is visible from a street, and (2) the posting or painting of an advertisement or notice on any building or structure. 3.84 "Storey" means that portion of a building, other than an attic, basement or cellar, included between the surface of any floor and the surface of the floor, roof deck or deck ridge next above it. 3.85 "Storey, one-half" i means that portion of a building situated wholly or in part within the roof and in which there is sufficient space to provide a height between finished floor and finished ceiling of between five feet (5') and seven feet six inches (7' - 6") over a floor area which is not less than one-third (1/3) nor more than two-thirds (2/3) of the floor area of the storey next below. 3.86 "Street" means a highway i (i) as defined under The Highway Traffic Act, being Chapter 172 of the Revised Statutes of Ontario, 1960, as amended from time to time, and The Municipal Act, being Chapter 249 of the Revised Statutes of Ontario, 1960, as amended from time to time, and (ii) which has been assumed for public use unless it is within a Registered Plan of Subdivision that has not been deemed not to be a Registered Plan of Subdivision under a by-law passed pursuant to Section 29 of _The Planning Act, being Chapter 349 of The Revised Statutes of Ontario, 1970, as amended from time to time. 3.87 "Street Line" means any lot line that divides a lot from a street. 3.88 "Use" means the purpose for which any land, building, structure or premises, or part thereof, (i) is arranged, designed or intended to be used, or (ii) is or may be occupied or maintained, and the word "used" has a corresponding meaning. 3.89 "Waterfront parking space" (.vehicular) means an area of not less than three hundred (300) square feet, exclusive of driveways or aisles, for the temporary parking or storage of motor vehicles with boat trailers. 3.90 "Yard" (i) means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as may be expressly per- mitted in this By-law, and in determining yard measurements the minimum horizontal distance from the respective lot lines is to be used, but (ii) does not include a court yard. 3.91 "Yard, front" means a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot. 3.92 "Yard, minimum front" means the minimum depth of a front yard on a lot between the front lot line and the nearest wall of any building or structure on the lot. 3.93 "Yard, minimum rear" means the minimum depth of a rear yard on a lot between the rear lot line and the nearest wall of any main building or structure on the lot. 3.94 "Yard, minimum side" means the minimum width of a side yard on a lot between a side lot line and the nearest wall of any building or structure on the lot. 3.95 "Yard, rear" means a yard extending across the full width of a lot between the rear lot lot line and the nearest wall of any main building or structure on the lot. 3.96 "Yard, side" i means a yard extending from the front yard to the rear yard of a lot, and between a side lot line and the nearest wall of any building or structure on the lot. 3.97 Words used in the present tense include the future tense, and the converse. 3.98 Words used in the plural number include the singular number, and the converse. SECTION 4: ZONING MAPS (Added by By-law No. 71-42) { The following Schedule is included in and forms part of this By-law - Schedule "A", which may be cited as the Zoning Maps, comprised of the Index Map and Key Maps 1 to 6 inclusive. 1 SECTION 5: ZONES (Added by By-law No. 71-42 - Amended by By-law 72-32 & 73-26) 5.1 Classification For the purposes of this By-law the following zones are hereby estab- lished within the Town of Bowmanville:- ZONE SYMBOL General Residential R Residential Estate RE Single Family Residential Rl Low Density Residential R2 Medium Density Residential RM1 Low Density Apartments RM2 High Density Apartments RM3 Commercial C Local Commercial C3 Marine Commercial C6 Light Industry Ml Heavy Industry M2 Institutional I Public Open Space 02 Conservation and Hazard 0 Rural A Development D 5.2 Symbols (Added by By-law No. 71-42) The symbols used herein, and shown on Schedule "A" attached hereto, refer to the appropriate Zones established by this By-law. 5.3 Defined Areas The extent and boundaries. of all Zones as shown in Schedule "A" attached hereto, are hereby defined as areas to which the provisions of this By-law shall respectively apply. SECTION 6: INTERPRETATION (Added by By-law No. 71-42) 6.1 Zone Boundaries When determining the boundary of any zone as shown on Schedule "A" the following provisions shall apply:- a) Where a boundary is indicated as following a highway, street lane, the boundary shall be the centre line of such highway, street or lane. b) Where a boundary is indicated as following a watercourse, creek, --- stream or the right-of-way of a railway or electrical right-of--' way the boundary shall be the centre line of such watercourse, creek, stream or right-of-way. c) A boundary indicated as following a shore line shall follow such shore line, and in the event of change in the shore line, the boundary shall be construed as moving with the actual shore line. d) A boundary indicated as approximately following lot lines shown on a registered plan of subdivision or Township lot lines shall follow such lot lines. e) Where a boundary is indicated as approximately parallel to a street line or other feature indicated in clause (a), (b) and (c) of this subsection, and the distance from such street line or other feature is not indicated, and.clause (d) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance therefrom shall be determined according to the scale shown on Schedule "A". f) A boundary indicated as following the limits of the Municipality shall follow such limits. 6.2 Closings In the event a dedicated street or lane shown on Schedule "A" is closed, the property formerly in such street or lane shall be in- cluded within the Zone of the adjoining property on either side of such closed street or lane. If a closed street or lane was the boundary between two or more different zones, the new zone boundaries shall be the former centre line of the closed street or lane. 6.3 General In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirements adopted for the promotion of the public health, safety, convenience or general welfare. Whenever the requirements of this By-law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing the higher standards, shall govern and apply. 7.6 Exception from Lot Frontage and Lot Area Requirements Notwithstanding anything contained in this By-law, a parcel which is situated in any Residential Zone, and which parcel lacks either the required frontage or area, or both the required frontage and area, for a lot in the respective Zone, is and shall be deemed to be a lot provided that - a) The description of such parcel is the same as in a deed registered on or prior to the date of passing of this By-law, and b) such parcel could have been .conveyed legally on the date of the passing of this By-law by way of deed, transfer, mortgage, charge or agreement of sale and purchase without consent under Section 29 of The Planning Act being Chapter 349 of the Revised Statutes of Ontario, 1970, as amended .from time to time, and c) all relevant regulations made under the Public Health Act, and all relevant requirements of the Health Unit are complied with. 7.7 Restoration to a Safe- Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure, provided that such strengthening or restoration will not increase the height, area or volume so as to contravene the provisions of this By-law. 7.8 Uses Permitted in All Zones a) Nothing in this By-law. shall prevent the use of any land as a public street or public park. b) Nothing in this By-law shall prevent the use of any land for the erection of buildings or structures, or the installation of other facilities essential to the operation of public utilities as defined in The Public Utilities Corporations Act, provided that any such use, building or structure shall be in substantial compliance with the relevant provisions of this By-law and shall not adversely affect the character or amenity of the neighbourhood in which same is lo- cated. c) Nothing in this By-law shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department or authority. 7.9 Temporary Uses Nothing in this By-law shall prevent the use of any land, or the erection or use of any building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure inci- dential to and necessary for construction work on the premises, but only for as long as such use, building or structure is necessary for such construction work which has not been finished or abandoned. SECTION 7: GENERAL PROVISIONS FOR ALL ZONES (Amended by By-law No. -72-32) 7.1 Scope and Effect No person shall use any land or erect or use any building or structure except in conformity with the provisions of this By-law respecting the Zone: a) in which such land, building or structure is located, or, b) in which it is proposed to use any land or to erect or use any building or structure. l 7.2 Requirement for Lot Except as otherwise provided in this By-law, no building or structure shall be erected, altered, extended or enlarged except upon a lot, nor shall any land be used for any permitted use unless it comprises a lot: but this provision shall not prevent the use of any parcel or tract of land for agricultural purposes excluding the erection or enlargement of any building or structure except a fence. 7.3 Restrictions on Changes (a) 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 a lot, if such change, erection or severance creates a situation that con- travenes any of the provisions of this By-law applicable to each individual remaining building, accessory building or lot. (b) Notwithstanding the provisions of clause (a) of this subsection, no person shall be deemed to have contravened any provision of this by-law if only a part or parts of any lot or parcel has or have been conveyed to or acquired by the Municipality, the United Counties of Northumberland and Durham. Her Majesty in the Rights of Ontario, or Her Majesty in the Right of Canada. 7.4 Other By-laws and Requirements Nothing in this By-law shall operate to relieve any person from the requirements of the building By-law or any other By-law- or requirement of the Municipality in force from time to time or the obligation to obtain any licence, permit, authority or approval required under any By-law of the Municipality. 7.5 Minimum Lots Areas i Subject to the provisions of Subsection 7.6, the minimum lot area shall be as contained in the appropriate section of this By-law for the Zone in which the lot is located or such larger areas as may be required by the Health Unit pursuant to the provisions of The Public Health Act. 7.10 Prohibited Uses a) Except as otherwise specifically permitted in this By-law, the following uses are prohibited in any Zone. 1. Blood boiling. 2. Bone boiling. 3. Refining coal oil .or petroleum products. 4. Extracting oil or petroleum products. 5. Storing hides. 6. Abattoir or commercial slaughterhouse. 7. A piggery. 8. Tallow melting. 9. Soap boiling. 10. Tripe boiling. 11. Tanning hides or skins. 12. Manufacturing gas. 13. Manufacturing glue. 14. Commercial manufacturing of fertilizers from dead animals ' or from human or animal waste. 15. A track for the racing of. motor vehicles or motor cycles or of go-carts. 16. A trailer camp as defined in Subsection 15 of Section 401 of The Municipal Act, being Chapter 249 of the Revised Statutes of Ontario 1960, as amended from time to time. 17. The use of any trailer for human habitation. 18. A junk-yard, salvage yard, automobile wrecking yard, or the collection, storage or sale of junk; salvage, partially or completely dismantled motor vehicles or trailers, or parts of motor vehicles or trailers. 19. Locating or storing on any land for any purpose whatsoever any disused railroad car, street car body, truck body, or trailer without wheels, whether or not the same is situated on a foun- dation. b) In addition "to the uses prohibited in clause (.a) of this sub- section any use is prohibited which from its nature or the mat- erials used therein is declared under The Public Health Act or any Regulations adopted thereunder to be a noxious trade, business or manufacture. c) In addition to the uses prohibited in clause (a) of this Subsection, all uses of land and the erection or use of any building or structure for a purpose not permitted under the "Permitted Use" Subsection of one or more Zones established by this By-law.are and shall be deemed to be prohibited in each zone, except for those uses of land and the erection or use of any building or structure for a purpose ex- pressly permitted under the applicable provisions of Section 7 hereof 7.11 Obnoxious Uses Notwithstanding anything contained herein, no land shall be used and no building or structure shall be erected, altered or used for any purpose which is obnoxious and without limiting the gen- erality of this subsection for any purpose that creates or is likely to become a nuisance or offensive, or both: a) by the creation of noise or vibration, or b) by reason of the emission of gas, fumes, smoke, dust or objectionable odour, or c) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, motor vehicles, trailers, or parts of vehicles or trailers, machinery or other such material, or d) by any combination of these things described in Clauses (a), (b) and (c) of this Subsection. 7.12 Truck, Bus and Coach Bodies Notwithstanding anything contained in this By-law, no truck, bus coach, street car body or structure of any kind, other than a dwelling unit erected and used in accordance with this and all other By-laws of the Municipality, shall be used for human habitation, whether or not the same is mounted on wheels or other form of mount- ing or foundation. 7.13 Multiple Uses Notwithstanding anything contained in this By-law, where any land building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with, but no dwelling shall be located within ten (10') feet of any other building on the lot except a building accessory to such dwelling. 7.14 Residential Uses a) Excep.t as otherwise specifically permitted in this By-law, no person shall erect or use any building as a dwelling upon any lot whereon there then exists, or is in the course of con- struction or for which a building permit has been issued, a building erected or used or intended to be used as a dwelling. b) Notwithstanding anything contained in this By-law, no person shall use or occupy any building for residential purposes: i unless such building has been completed and finished in (�) g p all respects in accordance with the plans and specifi- cations filed upon application for the building permit, and (ii) in all zones except any Rural Zone or Development Zone, unless such building is serviced with municipal water supply and with a municipal sanitary sewer system, and (iii) in any Rural Zone or Development Zone, unless such build- ing is serviced with a potable water supply and sewage disposal system to the satisfaction of the Medical Officer of Health. 7.15 Basement of Cellar Notwithstanding anything contained in this By-law, no basement or cellar or part of a basement or cellar of any building shall be used as a whole dwelling unit, and the whole or any part of a basement or cellar shall not be used for calculating the required minimum floor area of any dwelling or dwelling unit. 7.16 Off-Street Parking Requirements For every building or structure to be erected for, altered for, or its use converted to, any of the uses specified in the following table, off-street parking facilities shall be provided and main- tained upon the same lot on which the principal use is located and in accordance with the following table: Minimum Parking Requirements for Certain Uses Use Minimum Parking Facilities Required 1. Banks, business and One space for each 300 square feet or professional offices and fraction thereof of ground floor area medical centres. plus one space for each 750 square feet or fraction thereof remaining gross floor area. 2. Billiard Parlours One space for each billiard table. 3. Bowling Alleys Three spaces for each bowling lane. 4. Churches One space for each 8 seating spaces. 5. Dry Cleaning Establishments One space for each 50 square feet or fraction thereof of public floor area with a minimum of 6 spaces. 6. Motels, hotels and motor One space for each suite or bedroom hotels plus required parking for any restaurant. 7. Physician's or dentist's Four spaces for each physician or office in private residence dentist using the residence or clinic. or clinic Minimum Parking Facilities Use Required i 8. Places of assembly such as One space for each 10 people halls, lodges, labour union maximum designed capacity. halls, dance halls, community centres and other places of public assembly. 9. Post offices, museums, art One .space for each 500 square feet or galleries and libraries fraction thereof of public floor area 10. Private or commercial clubs, One space for each 6 people maximum athletic and recreational designed capacity. establishments. 11. Public or private hospitals The greater of: one space for each 1000 and nursing homes and square feet or fraction thereof of gross charitable institutions floor area, or one space per 4 beds plus (added by By-law 77-8) one space per 4 employees. 12. Residential (including One space for each dwelling unit except any dwelling in any zone) as specifically provided in this By-law. 13. Restaurants, taverns and One space for each 50 square feet or eating establishments fraction thereof of public floor area with a minimum of 10 spaces. j14. Retail lumber and building One space for each 300 square feet or fract- supplies outlets ion thereof or retail floor area with a min- imum of 6 spaces. 15. Schools The greater of: one space per classroom or one space for each 10 people, maximum designed capacity of Assembly Hall or Auditorium. 15.A Private Secondary Schools The greater of 6 spaces per classroom or (Added by By-law 76-22) one space for each 10 people, maximum designed capacity of Assembly Hall or Auditorium. 15.A Senior Citizens Apartment 0.25 spaces for each dwelling unit. (Added by By-law 78-106) 15.B Nursery Schools One space for each staff member. (Added by By-law 76-70) r 16. Theatres One space for each 4eating space. 17. Undertaking Establishments One space for each 5 chapel seating spaces or fraction thereof with a minimum of 10 spaces 18. Boarding House and tourist One space for each bedroom. home 19. All commercial uses, buildings One space for each 300 square feet or fraction and structures not specified thereof of ground floor area plus one space above. for each 750 square feet or fraction thereof of remaining gross floor area. Minimum Parking Facilities Use Required 20. All industrial uses One space for each 70 square metres of gross floor area. (added by By-law 79-99) The Parking requirements of this sub-section shall not apply to any com- mercial use on any lot abutting the following streets: (Added by By-law 76-38) 1) King Street from Scugog Street to George Street 2) Silver Street from King Street to Church Street 3) Temperance Street from Queen Street to Church Street 4) Division Street from Queen Street to Church Street 7.17 Off Street Loading Requirements For every building or structure to be erected for, altered for, or its use converted to a commercial or industrial use, involving the frequent shipping, loading or unloading of persons, animals, goods, wares or merchandise, off-street loading facilities shall be provided and maintained upon the same lot on which the principal use is located and in accordance with the following table: Minimum Loading Requirements Gross Floor Area Minimum Loading Facilities Required 1. Commercial Uses: 2,000 square feet or less None 2,0001 square feet to 10,000 square feet 1 loading space over 10,000 square feet 2 loading spaces plus a minimym of 1 additional loading space for each 15,000 square feet or fraction thereof in excess of 10,000 square feet. 2. Industrial Uses: 4,500 square feet or less None 4,501 square. feet to 25,000 square feet 1 loading space 25,0001 square feet to 75,000 square feet 2 loading spaces over 75,000 square feet 3 loading spaces plus a minimum of 3 additional loading spaces for each 100,000 square feet or fraction thereof, in excess of 75,000 square feet. 3. Private Secondary Schools 2 loading spaces (Added by By-law 76-2) Gross Floor Area Minimum Loading Facilities Required 4. Charitable Institutions 2 loading spaces (Added by By-law No. 77-8) 7.18 Parking and Loading Facilities a) Any parking area, parking space, loading space, driveway, maneuvering area or aisle required to be provided or per- witted according to the provisions of this By-law for any use in any Zone, other than parking facilities for a one- family detached or semi-detached dwelling or for any agricul- tural use, shall be provided and maintained with a concrete, as- phalt, or bituminious gravel surface and adequate drainage facilities. b) All parking facilities required to be provided or permitted according to the provisions of the By-law for any use in any Zone, other than parking facilities for any agricultural use, shall be provided with suitable lighting facilities which shall be so installed and maintained as to ensure that the light is deflected away from all streets, highways and nearby Residential Zones or lots used for residential purposes. 7.19 Yard Requirements: Every part of any yard required to be provided in any Zone shall be open and unobstructed by any structure from the ground to the sky, except that: a) sills, belt courses, cornices, chimney breasts, bay windows, or pilasters may project into any required yard .a distance of not more than two feet, b) eaves or gutters, for other than an accessory building, may project into any required yard a distance of not more than two feet, c) balconies, canopies or unenclosed porches may project into any required front or rear yard a distance of not more than five feet, d) fire escapes may project into any required side or rear yard a distance of not more than five feet, e) accessory buildings may be erected in accordance with the applicable provisions of this By-law, f) signs may be erected in accordance with the provisions of this By-law and of any Sign By-law of the Municipality, 1 g) light standards, fuel pump islands and fuel pumps of auto- mobile service stations may be erected in accordance with the applicable provisions of the By-law, and h) fences, freestanding walls, flagpoles, antennae, light stan- dards and similar accessory structures and appurtenances, and hedges, trees and shrubs are permitted but in the case of - (i) a residential interior lot situated in any Residential Zone, no structure, hedge or obstruction that is more than 2 feet 6 inches in height is permitted within 10 feet of any street line, and, (ii) a residential corner lot situated in any Residential Zone, no structure, hedge or obstruction that impedes vision between a height of 2 feet 6 inches and 8 feet >---__ above the centre line grade of the street or streets abutting a sight triangle of 35 feet is permitted. 7.20 Semi-Detached Dwelling Lots Nothing in this By-law shall prevent the subdivision of any lot on which is erected a semi-detached dwelling into two parts divided in part by the centre line of the common or party wall separating the two dwelling units in such dwelling. 7.21 Replacement of Dwelling A dwelling in any Residential Zone, or a Development D Zone may be replaced with a new dwelling in the case of partial or complete destruction caused by fire, lightning, explosion, tempest, flood, or act of God, or demolition by order of the Municipality of Bowmanville, the Health. Unit or other authority for safety, health or sanitation requirements, provided that: a) in any Development D Zone, the new dwelling complies with all the requirements set out in Section 25 Regulations for Enlarge- ment of Existing Dwellings and the floor area of the new dwel- ling is not less than 800 square feet, and b) in any Residential •Zone the new dwelling complies with all the requirements in the Regulations for Dwellings for the applicable Zone. 7.22 Development or Redevelopment of Land (Added by By'-law 74-84 and Amended by By-law 75-51) a) General Conditions The provisions of Section 35a of The Planning Act, R.S.O., 1970, Chapter 349, as amended and as set out in this Section for the development or redevelopment of land, shall apply to any land or buildings in the following zones: RM1 Medium Density Residential RM1-1 Medium Density Residential (Added by By-law 75-64 RM2 Low Density Apartments RM3 High Density Apartments C Commercial C3 Local Commercial (Added by By-law 75-73) I-1 Institutional (Added by By-law 76-22) Council may as a condition of development or redevelopment of land or buildings within such zones prohibit or require the provision, maintenance and use of the following facilities and matters or any of them and may regulate the maintenance and use of such facilities and matters: (i) widenings of highways that abut on the said land that is being developed or redeveloped; (ii) subject to The Public Transportation and Highway Improve- ment Act, R.S.O. 1970, facilities to provide access to and from the said lands such as access ramps and curbings including the number, location and size of such facilities and the direction of traffic thereon; . (iii) off-street parking areas and loading areas and access driveways, including the surfacing of such areas and driveways; (iv) walkways and all other means of pedestrian access; (v) removal of snow from access ramps, driveways, parking areas and walkways; (vi) grading or change in elevation or contour of the said lands and the disposal of storm, surface and waste water from the said lands and from any buildings or structures thereon; (vii) conveyance to the Corporation, without cost, of easements required for the construction, maintenance or improvement of any existing or newly required watercourses, ditches and land drainage works on the said lands; (viii) floodlighting of the said lands or of any buildings or structures thereon; (ix) walls, fences, hedges, trees, shrubs, or other suitable groundcover to provide adequate landscaping of the said lands or protection to adjoining lands; (x) vaults, central storage and collection areas and other facilities and enclosures as may be required for the storage of garbage and other waste materials; (xi) plans showing the location of all buildings and structures to be erected on the said lands and the location of the other facilities required by this By-law; (xii) perspective drawings and plans showing building elevations and cross sections of (industrial and commercial building) and any Residential buildings containing 25 or more dwel- ling units. (Added by By-law 78-80) (b) Development Agreement When any of the facilities and matters listed above in sub- section (a) are required by the Council, the Council may re- quire that the owner of the land enter into one or more develop- ment agreements with the Council dealing with such facilities and matters. The issuance of building permits may be prohibited until the plans referred to in subsection (a) (xi) and (a) (xii) have been approved by the Corporation and until the development agreements have been entered into. (c) Registration of Agreement The Corporation shall require that such development agreement be registered against the lands to which it applies. The Corporation shall enforce the provisions of the development agreement against the owner of the said lands and, subject to the provisions of The Registry Act and The Land Titles Act, R.S.O. 1970, any and all subsequent owners of the said lands. (d) Risk, Expense and Default The facilities and matters required in a development agree- ment shall be provided and maintained by the owner of the said lands, at the sole risk and expense of the owner and to the satisfaction of the Corporation. Should there be any default in fulfilling the requirements of the development agreement, the provisions of Section 469 of The Municipal Act shall apply. (e) Conveyance for Park Purposes (i) As a condition for the development or redevelopment of land for residential purposes, as per Section 35b of The Planning Act, the Corporation may require the owner of such lands to convey to the Corporation for park pur- poses and without cost, 5% of the land proposed for de- velopment or redevelopment or to convey to the Corporation money to the value of any lands required to be conveyed in lieu of such conveyance. i 7.6 Exception from Lot Frontage and Lot Area Requirements t Notwithstanding anything contained in this By-law, a parcel which is situated in any Residential Zone, and which parcel lacks either the required frontage or area, or both the required frontage and area, for a lot in the respective Zone, is and shall be deemed to be a lot provided that - a) The description of such parcel is the same as in a deed registered on or prior to the date of passing of this By-law, and b) such parcel could have been conveyed legally on the date of the passing of this By-law by way of deed, transfer, mortgage, charge or agreement of sale and purchase without consent under Section 29 of The Planning Act being Chapter 349 of the Revised Statutes of Ontario, 1970, as amended from time to time, and c) all relevant regulations made under the Public Health Act, and all relevant requirements of the Health Unit are complied with. 7.7 Restoration to a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure, provided that such strengthening or restoration will not increase the height, area or volume so as to contravene the provisions of this By-law. 7.8 Uses Permitted in All Zones a) Nothing in this By-law shall prevent the use of any land as a public street or public park. b) Nothing in this By-law shall prevent the use of any land for the erection of buildings or structures, or the installation of other facilities essential to the operation of public utilities as defined in The Public Utilities Corporations Act, provided that any such use, building or structure shall be in substantial compliance with the relevant provisions of this By-law and shall not adversely affect the character or amenity of the neighbourhood in which same is lo- cated. c) Nothing in this By-law shall prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any local or other government department or authority. 7.9 Temporary Uses Nothing in this By-law shall prevent the use of any land, or the erection or use of any building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure inci- dential to and necessary for construction work on the premises, but only for as long as such use, building or structure is necessary for such construction work which has not been finished or abandoned. SECTION 8: GENERAL PROVISIONS FOR RESIDENTIAL ZONES (Amended By By-law No. 72-32) r 8.1 Residential Zones The following zones are hereby classified as Residential Zones to which the provisions of this section apply:- Zones Symbol General Residential R Residential Estate RE Single Family Residential Rl Low Density Residential R2 I Medium Density Residential RM1 Low Density Apartments RM2 High Density Apartments RM3 8.2 Additional Permitted Uses In addition to the permitted uses expressly applying to Residential Rl Zone, the office of a qualified medical practitioner or dentist may be located with a one-family detached dwelling which such quali- fied medical practitioner or dentist uses as his private residence provided, however, that: - (a) The floor area of such office shall not exceed 25 percent of the floor area of such. dwelling, (b) such office shall not be used as a clinic or hospital, (c) a minimum number of four (4) parking spaces for each doctor or dentist using such dwelling shall be provided and main- tained on the lot containing such office and in other than the front yard, and (d) all parking spaces shall be suitably screened by means of a hedge or fence from all adjacent lots located in any Resi- dential Zone or used for residential purposes. 8.3 Accessory Buildings (a) No accessory building shall be erected prior to the erection of the permitted dwelling on the same lot except where it is necessary for the storage of tools and materials for use in connection with the construction of such dwelling, and no accessory building shall be used prior to the erection of such dwelling for any purpose other than such storage. (b) No accessory building shall be located in any front yard in any Residential Zone. (c) In no case shall any overhang, eaves or gutter project more than 12 inches into any required minimum yard. (d) Minimum Distance from Main Building - 5 feet provided that in no case shall any overhang, eaves or gutter project into this required minimum area'which shall be clear of any obstruction from the ground to the sky. (e) Maximum Height 15 feet. 8.4 Parking Requirements (a) in Residential R, Rl, and R2 Zones, a minimum of one parking space per dwelling unit, shall be provided. (b) . in Residential Zone RM1, RM2 and RM3 a minimum of one and one- half parking spaces per dwelling unit shall be provided. (c) No part of any yard of any lot shall be used for the parking or storage of the body of any automobile, truck, bus, coach, or street car. (d) Except as specifically permitted, not more than 50 percent of the aggregate area of the side yards and rear yard of any lot shall be occupied by parking spaces. (e) No parking space shall be located in any front yard. SECTION 9: GENERAL RESIDENTIAL R ZONE In the General Residential R Zone, the requirements shall be as follows, and no buildings or structure or part thereof, shall be erected, altered or used, and no land shall be used except for one-..or more of the following uses: (a) Permitted Uses - Single and two family dwellings and duplex or double duplex apartment houses and multi-family dwellings except in the built up sections of the Town where a maximum of 3 suite apartments only are permitted. - Churches - Municipal Buildings with no outside storage - Community centres - Parks and Playgrounds - Hospitals (Nursing Homes certified under the Town of Bowmanville Nursing Home By-law, on properties bordering on that part of Church Street designated as residential.) t I - Schools - Greenhouse, but not where operated as a business or with outside storage - Any professional office when part of the practitioner's own home, provided this shall not be deemed to permit the carrying on of a fun- eral home or any of the services performed by an undertaker. A sign is permitted to show practitioner's name and calling provided same is not more than one foot by two feet, or two square feet in area. - Sign used only for advertising the sale or rental of property to which it is attached, provided same is not more than four square feet in area. - An existing dwelling may be converted into dwelling units having not less than six hundred square feet of floor area each. - Accessory buildings incidental to any of the above uses. - Provided that nothing in this By-law may be construed to interfere with gardening or farming operations presently carried on, or any extension of them, within the present limits of the properties where they are now carried on. - Any portion of the conservation Zone as shown in Schedule hereto. (b) Nothing in this section shall prevent a person residing in a dwelling unit from carrying on any domestic or household art which does not affect the amenity of the neighbourhood or, if a professional person, residing in the building from using one or more rooms as an office, provided that: - there shall be no display of goods or advertising other than an unilluminated sign not over 2 square feet in area, and - no person other than those resident in the dwelling is employed therein and not more than 25 percent of any storey of any building is used other than as a dwelling. - no person other than those resident in the dwelling is employed therein and not more than 25% of any storey of any building is used other than as a dwelling. (c) Minimum Area of Building For a single family dwelling, a one storey building shall have a ground floor area of not less than 950 square feet and for a ll� and 2 storey building a ground floor area of not less than 600 square feet and a dwelling unit in a multiple dwelling of not less than 500 square feet. (d) No residential building or buildings including accessory building shall occupy more than 34% of the area of the building lot on which it or they are situated provided further that such accessory building or buildings shall not occupy more than 8% of the total area of the lot on which it or they are situated. (e) Where there is a public water supply and sanitary sewer: (1) For a one family dwelling: 50 ft. frontage with a minimum area of 5,000 sq. ft. Minimum area free from buildings, 66% of total lot area (2) For a two family dwelling: 75 ft. frontage with a minimum area of 6,000 sq. ft. Minimum area free from buildings, 66% of total lot area (3) For a multiple family, (3 or more units) : 80 ft. frontage with a minimum area of 7,000 sq. ft. Minimum area free of buildings, 66% of total lot area (4) For a boarding or rooming house containing up to 8 persons, including family: 80 ft. frontage with a minimum area of 6,000 sq. ft. Minimum area free of buildings, 50% of total lot area. i (5) For a boarding or rooming house containing more than 8 persons, including family: 80 feet frontage with a minimum area of 7,000 sq. ft. Minimum area free of buildings , 50% of total lot area plus 500 sq. ft. for each additional person. (f) Minimum yards for dwellings: (1 ) Front yard - 20 ft. (or not nearer street line than "Established building line"). Never less than established building line. (2) Side yard requirement for one family detached dwellings (added by B/L 82-92 Minimum Side Yard 1 .25 metres except Ias provided in paragraphs (i ) and (ii ) of this clause:- c� (i ) On an interior lot where no attached garage or attachedga rport is provided, the minimum side yard on one side shall be 4.5 metres. (ii ) On a corner lot, the minimum side yard abutting a public street shall be 6 metres. Side Yard requirements for two family dwellings Minimum Side Yard 1 .8 metres except as provided in paragraphs (i ) (ii ) and (iii ) of this clause. (i ) An attached garage or attached carport with no rooms above may be erected at a distance of not less than 1 .25 metres from a side lot line which does not abut a public street. (ii ) On an interior lot where no attached garage or attached carport is provided, the minimum side yard on one side shall be 3.5 metres. (iii )On a corner lot the minimum side yard abutting a public street shall be 7.6 metres. (3) Rear Yard Requirement 10.5 metres (g) Minimum yards for hospitals, churches, schools, community centres, public buildings: (1 ) Front, side and. rear yards, each 25 feet. (h) Minimum yards for multiple family dwellings and apartment houses (1 ) Front, side and rear yards, each 20 feet. (i ) Regulations for Accessory Buildings (added by B/L 82-92) (a) Minimum Yard Requirements:- (i ) Except as provided in paragraph (ii ) of this clause, no accessory building shall be located within 1 .25 metres of any side or rear lot line. (ii ) Notwithstanding the provision of paragraph (i ) hereof, the minimum yard abutting a public street shall. be 6.0 metres. (b) Maximum Lot Coverage - 5% provided that lot coverage of all buildings on the lot does not exceed the maximum lot coverage set out in subsection (e) above. SECTION 10: RESIDENTIAL ESTATE RE ZONE (Added By By-law No. 72-32) f No person shall within any Residential Estate RE Zone, use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- 10.1 Permitted Uses (a) One one-family dwelling on one lot and accessory living quarters for staff employed on the premises and for non-paying guests. (b) Uses, buildings and structures accessory to the foregoing permitted use. 10.2 Regulations for Dwellings and Accessory Buildings (a) Minimum Lot Frontage 175 feet (b) Minimum Lot Area 2 acres i (c) Maximum Lot Coverage for all buildings 5% (d) Minimum Front Yard 50 feet (e) Minimum Side Yard 25 feet except on a corner lot where the minimum side: yard abutting a public street shall be 50 ft. (f) Minimum Rear Yard 50 feet (g) Minimum Ground Floor Area 1 storey 1750 sq. ft. 1ij storey 1400 sq. ft. 2 storey 1050 sq. ft. (h) Maximum Height 35 feet 10.3 Special Provisions No person shall within the Residential Estate RE Zone abutting on the south side of Concession Street Extension and affected by By-law No. 74-73 of the Town of Newcastle use any land or erect, alter or use any building or structure for any purpose which would require the placing of any fill below the top of the bank on the said lands or the disturbance of the the vegetation on any valley slope. SECTION 11: SINGLE-FAMILY RESIDENTIAL R1 ZONE (Added by By-law No. 72-32) i No persons shall within any single-family residential Rl Zone, use any land, or erect, alter or use any building or structure except in accord- ance with the following provisions:- 11.1 Permitted Uses (a) One one-family detached dwelling on one lot. (b) Uses, buildings and structures accessory to the foregoing permitted use. 11.2 Regulations for Dwellings (a) Minimum Lot Frontage 50 feet (b) Minimum Lot Area 5,000 sq. ft. (c) Maximum Lot Coverage 35 percent (d) Minimum Front Yard 25 feet (e) Minimum Side Yard 4 feet except as provided in paragraphs (i) and (ii) of . this clase:- (i) On an interior lot where no attached garage or attached carport is provided, the minimum side yard on one side shall be 15 feet. j (ii) On a corner lot, the minimum side yard abutting a public street shall be 25 feet. (f) Minimum Rear Yard 35 feet (g) Minimum Floor Area (i) 1 Storey 950 sq. ft. (ii) ll� Storey or Split Level 1,200 sq. ft. (iii) 2 or 211 Storey 1,400 sq. ft. Where no basement or cellar is provided the applicable minimum floor area shall be increased by 200 sq. ft. (h) Maximum Height 2% Storeys 11.3 Regulations for Accessory Buildings (a) Minimum Yard Requirements:- (i) Except as provided in paragraph (ii) of this clause, no accessory building shall be located within 4 feet of a side or rear lot line. (ii) Notwithstanding the provisions of paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (b) Maximum Lot Coverage - 5 percent provided that the lot coverage of all buildings on the lot does not exceed the maximum lot coverage for a dwelling in clause (c) of Sub- section 11.2 hereof. i SECTION 12: LOW DENSITY RESIDENTIAL R2 ZONE (Added By By-law No. 72-32) No person shall within any Low Density Residential R2 Zone, use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- 12.1 Permitted Uses (a) One one-family detached dwelling on one lot. (b) One semi-detached dwelling on one lot. (c) Uses, buildings and structures accessory to the foregoing permitted uses. 12.2 Regulations for One-Family Detached Dwellings (a) Minimum Lot Frontage 50 feet (aa) Minimum Lot Area 5,000 sq. ft. (b) Maximum Lot Coverage 35 per cent ( (c) Minimum Front Yard 25 feet (d) Minimum Side Yard 4 feet except as pro- vided in paragraphs (i) and (ii) of this clause:- ° \ (i) On an interior lot where no attached garage or attached carport is provided, the minimum side yard on one side I , 1 shall be 15 feet. .? (ii) On a corner lot, the minimum side yard abutting a public street shall be 25 feet. (e) Minimum Rear Yard 35 feet (f) Minimum Floor Area (i) 1 Storey 950 sq. ft. (ii) 112 Storey or Split Level 1,200 sq. ft. (iii) 2 or 2k Storey 1,400 sq. ft. Where no basement or cellar is provided the applicable minimum floor area shall be increased by 200 sq. ft. (g) Maximum Height 22 storeys 12.3 Regulations for Semi-Detached Dwellings:- ! (a) Minimum Lot Frontage 60 feet (b) Minimum Lot Area 7,200 sq. ft. (c) Maximum Lot Coverage 40 per cent (d) Minimum Front Yard 25 feet (e) Minimum Side Yard 6 feet except as provided in paragraphs (i), (ii) and (iii) of this clause: (i) An attached garage or attached carport with no rooms above may be erected at a distance of not less than 4 feet from a side lot line which does not abut a public street. (ii) On an interior lot where no attached garage or attached carport is provided, the minimum side yard on one side shall be 12 feet. (iii) On a corner lot the minimum side yard abutting.a public street shall be 25 feet. (f) Minimum Rear Yard 35 feet (g) Minimum Floor Area 900 sq. ft. per dwelling unit except that where no basement or cellar is provided, the minimum floo area shall be increased by 150 sq. ft. per dwelling unit. (h) Maximum Height 22 Storeys 12.4 Regulations for Accessory Buildings Permitted in Clause (c) of Sub-Section 12.1 (a) Minimum Yard Requirements: - (i) Except as provided in paragraph (ii) of this clause, no accessory building shall be located within 4 feet of a side or rear lot line. (ii) Notwithstanding the provisions of paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (b) Maximum Lot Coverage - 5% provided that lot coverage of all buildings on the lot does not exceed the maximum lot coverage for dwellings as set forth in Sub-Section 12.2 or Sub-6ection 12.3 of this Section. SECTION 13: MEDIUM DENSITY RESIDENTIAL RM1 ZONE (Added By By-law No. 72-32) I No person shall within any Medium Density Residential RM1 Zone use any land or erect, alter or use any building or structure except in accord- ance with the following provisions:- 13.1 Permitted Uses (a) Row dwellings and maisonettes (b) Uses, buildings and structures accessory to the foregoing permitted uses. 13.2 Regulations for Row Dwellings and Maisonettes (a) Minimum Lot Frontage 90 feet (b) Minimum Lot Area 10,000 sq. ft. (c) Maximum Lot Coverage 20 per cent (d) Maximum Number of Dwelling Units 1 dwelling unit per 2,400 sq. ft. of lot area. i (e) Yard Requirements (i) Minimum Front Yard 25 feet (ii) Minimum Side Yard 15 feet except on a corner lot where the minimum side yard abutting a public street shall be 25 feet. (iii) Minimum Rear Yard 35 feet (iv) Minimum Distance Between Buildings - Where more than one building is erected on a lot, the minimum distance between the buildings shall be not less than the height of the buildings. i (f) Minimum Floor Area: Type of Dwelling Unit Minimum Floor Area Bachelor or One Bedroom Unit 650 sq. ft. Two Bedroom Unit 750 sq. ft. i Unit containing more than two bedrooms 750 sq. ft. plus 100 sq. f-t-.-- for each bedroom in ex- cess of 2. Where no basement or cellar is provided the minimum floor area shall be increased by 100 square feet per dwelling unit. (g) Maximum Height 3 Storeys 13.3 Regulations for Accessory Buildings (a) Minimum Yard Requirements (i) Except as provided in Paragraph (ii) of this Clause, no accessory building shall be located within 4 feet of a side or rear lot line. (ii) Notwithstanding the provisions of Paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (b) Maximum Lot Coverage - 5 percent provided that lot coverage of all buildings on the lot does not exceed the maximum lot coverage for dwellings as set forth in sub-section 13.2 of this Section. I SECTION 13A: MEDIUM DENSITY RESIDENTIAL RM1-1 ZONE (Added By By-law No. 75-62) { No person shall within any Medium Density Residential RM1-1 Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions:- 13.1 Permitted Uses (a) Terrace Dwellings detached above grade or attached by garages only (b) Uses, buildings and structures accessory to the fore- going permitted uses 13.2 Regulations for Terrace Dwellings Detached Above Grade (a) Minimum Lot Frontage per dwelling 24 feet (b) Minimum Lot Area per dwelling unit 2400 square feet (c) Maximum Lot Coverage 20 percent (d) Yard Requirements (i) Minimum Front Yard 20 feet (ii) Minimum Interior Side Yard 4 feet except that an attached garage may extend into an Interior Side Yard to any property . line not being a zone boundary. (iii) Exterior Side Yard 20 feet (iv) Minimum Rear Yard 35 feet (v) Minimum Distance Between Buildings 10 feet (vi) Minimum Distance Between Portions of Dwelling Units 8 feet except that an Above Grade attached garage may be located not less than 4 feet from any adjacent dwelling unit or may be attached to the garage of an adjacent dwelling unit. i (e) Minimum Floor Area 1000 square feet (f) Maximum Height 30 feet 13.3 Regulations for Accessory Buildings r (a) Minimum Yard Requirements - (i) Except as provided in paragraph (ii) of the Clause, no accessory building shall be located within 4 feet of a side or rear lot line. (ii) Notwithstanding the .provisions of paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (b) Maximum Lot Coverage - 5 percent provided that lot coverage of all buildings on the lot does not exceed the maximum lot coverage for dwellings as set forth in sub-section 13.2 of this Section. 1 SECTION 14: LOW DENSITY APARTMENTS RM2 ZONE (Added by By-law No. 72-32) No person shall within any Low Density Apartments RM2 Zone use any land, or erect, alter or use any building or structure except in accord- ance with the following provisions:- 14.1 Permitted Uses (a) Apartment Houses . (b) Uses, buildings and structures accessory to the foregoing permitted uses. 14.2 Regulations for Apartment Houses (a) Minimum Lot Frontage 90 feet (b) Minimum Lot Area 10,000 sq. ft. (c) Maximum Lot Coverage 35 percent (d) Maximum Number of Dwelling Units: (i) The maximum number of dwelling units per lot shall be the maximum number for the various lot areas as set out below- except as provided in paragraph (ii) hereof: Maximum Number of Lot Area(.sq. ft.) Dwelling Units 10,000 6 For lots in excess of 10,000 square feet in area, the maximum number of dwelling units shall be calculated by dividing the lot area by 1,800 provided that if any remainder results, the next whole number above shall be the maximum number of dwelling units. (ii) For every five (5) off-street parking spaces that are provided within the main building, or underground on the same lot therewith, the maximum number of dwelling units may be increased by one dwelling unit. (e) Minimum Front Yard 25 feet or a distance equal to one-half the6� height of the building whichever is the greater. (f) Minimum Side Yard: (i) 15 feet or a distance equal to one-quarter the height of the building whichever is greater except as provided in Paragraphs (ii ) and (iii) of this Clause. � (ii) On a corner lot the minimum side yard abutting a public street shall be: (1) 25 feet, or (2) a distance equal to one-half the height of the building whichever is greater. (iii) The minimum side yard appurtenant to a wall of an apart- ment house containing windows of habitable rooms shall be ten feet (101) greater in width than the requirements as set out in Paragraph (i) of this Clause. (g) Minimum Rear Yard The provisions of Clause (f) of this subsection shall apply to rear yard requirements. (h) The minimum floor area per dwelling unit shall be as set out below: Type of Dwelling Unit Minimum Floor Area Bachelor Unit 450 square feet One-Bedroom Unit 600 square feet Two-Bedroom Unit 750 square feet ( Three-Bedroom Unit 850 square feet Unit containing more than 850 square feet plus 75 square three bedrooms feet for each bedroom in excess of three (i) Maximum Height 35 feet (j) Landscaped Area For every lot on which the buil� ings or structures are situated, there shall be provided and main tained on the lot at least 25% of the lot area as a landscaped area unused for access or man- euvering space or parking space or any other purpose other than landscaped area and playground. 14.3 Regulations for Accessory Buildings (a) Minimum Yard Requirements (i) Except as provided in Paragraph (ii) of this clause to accessory building shall be located within 4 feet of a side or rear lot line. (ii) Notwithstanding the provisions of Paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (b) Maximum Lot Coverage - S percent provided that lot coverage ( of all buildings on the lot does not exceed the maximum lot coverage for an apartment house in Clause (c) of Subsection 14.2 thereof. I SECTION 15: HIGH DENSITY APARTMENTS RM3 ZONE (Added by By-law No. 72-32) i NOTE: Permitted uses and regulations will be added to this By-law by amendment. No land is zoned RM3 at this time. 1 SECTION 16: COMMERCIAL ZONE (Amended by By-law No. 71-42) In the Commercial Zone, the requirements shall be as follows, and no building or structure, or part thereof shall be erected, altered, or used, and no land shall be used except for one or more of the following uses - and only where not prohibited under Provincial Regulations:- (a) Permitted Uses: All uses permitted in the Residential Zone except single and two ' family dwellings and semi-detached and duplex dwellings provided they conform to all requirements herein set out for the Residential Zone and the following: - any retail store not engaged in manufacturing on the premises, unless such manufacturing is incidental to such retail business, does not exceed fifty percent of the floor area, and the products manufactured are primarily for sale at retail in the premises. - Office Restaurant - Hotel or Motel - Club Room - Theatre - Service Station - Barber Shop and Beauty Parlour - Bowling Alley - Billard or Pool Room - Dance Hall - Undertaking Establishment or Funeral Home - Laundry - Newspaper office and printing plant - Telephone Exchange - Lodge Hall - Bake Shop - Golf Course, Tennis Club, Bowling Green or Public or Private Open Space - Greenhouse when operated as a business - Private Hospital or Nursing Home - Schools - Bank - Tourist Homes - Public Places of Amusement or Assembly I - Public Utilities - Cleaning and Pressing Establishments not using inflammable materials - Public Garage - Accessory buildings incidental to any of the above uses - .Parking Lot - Apartments over commercial establishments provided that they conform to all requirements herein set out for the Residential Zone. - Any portion of the Conservation Zone as shown in Schedule herein. Minimum Building Lot Area In the Section 10(b) and 10(.c) , if living quarters are combined with a commercial building, the requirements as to minimum size of lot the resi- dential use shall apply. 16(b) Where there is neither a public water supply, nor sanitary sewer: (1) A Business employing up to six persons: Minimum lot area, 10,000 sq. ft. Minimum area free of buildings, 6,000 sq. ft. (2) A business employing more than six persons, including employer: Minimum lot area, 10,000 sq. ft. . Minimum area free of buildings, 6,000 sq. ft. plus 500 sq. ft. for each additional person over six or 1,000 sq. ft. for each additional room. (3) A business accommodating more than six transient persons and staff, (such as hotels) : Minimum building lot area, 15,000 sq. ft. Minimum area free of buildings, 10,000 sq. ft. plus 500 sq. ft. for each additional person over six or 1,000 sq. ft. for each additional room. 16(c) Where there is a public water supply, but no sanitary .sewer: (1) A business employing up to.six persons: Minimum building lot area, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft. (2) A business employing more than six persons, including employer: Minimum building lot area, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft. , plus 500 sq. ft. for each additional person over six in number. (3) A business accommodating more than six transient persons and staff, (such as hotels) Minimum building lot area, 10,000 sq. ft. Minimum area free of buildings, 6,500 sq. ft. , plus 1,000 sq. ft. for each additional person over six, or 1,000 sq. ft. for each additional room. 16(d) Where there is a public water supply and sanitary sewers: (1) A business employing up to six persons: Minimum lot area free of buildings in sq. ft. , 25% of building lot. (2) A business employing more than six persons, including employer: Minimum lot area free of buildings in sq. ft., 25% of building lot. (3) A business accommodating more than six transient persons and staff, (such as hotels) : Minimum lot area free of buildings in sq. ft. , 25% of building lot. 16(e) Minimum Yards: Front yard 60 ft. or the established building line. (Amended by by-law 78-81) Rear yard of 25 feet. Except in built-up commercial areas on the lst day of October, 1961 a minimum rear yard of 15 feet. For a separate building without a common side wall, a side yard of 4 feet, or the established building line, but where adjoins a residential area a side yard of 20 feet and a rear yard of 50 feet except in built-up commercial areas on the lst day of October, 1961 a minimum rear yard of 25 feet and if fronting a residential area a minimum front yard of 60 feet or the established building line. SECTION 16A: DOWNTOWN COMMERCIAL-RESIDENTIAL CRD ZONE (Added by By-law No. 75-66) (1) Uses Permitted No person shall within any CRD Zone use any. lot or erect or use any building or structure for any purpose except one or more of the following CRD uses; namely: (a) Residential Uses: an apartment house located above one or more permitted non-residential uses and contained in the same building therewith. I (b) Non-Residential Uses: a billiard room; a business office; a clinic; a commercial school; a dry cleaning or laundry outlet; a financial office; a laundromat; ( a merchandise service shop; a personal service shop; a professional office; a public use; a restaurant; a retail store; a theatre (2) Zone Provisions No person shall within any CRD Zone use any lot or erect, alter or use any building or structure unless such lot is served by a public water system and a sanitary sewer system and except in accordance with the following provisions: (a) Lot Area (minimum) : (i) Apartment house containing not more than 6 dwelling units - 10,000 square feet (ii) Apartment house containing more than 6 dwelling units - 900 square feet per dwelling unit (b) Lot Frontage (minimum) : - 90 feet (c) Front Yard (minimum) : (i) Non-residential uses - 10 feet (ii) Apartment house - 35 feet (d) Exterior Side Yard (minimum) (i) Non-residential uses - 10 feet (ii) Apartment house - 25 feet (e) Interior Side Yard (minimum): - none required, provided that where the interior side lot line abuts a zone other than a Commercial Zone, the minimum interior side yard width shall be - 25 feet. (f) Rear Yard (Minimum) : (i) Apartment house - 35 feet (ii) Non-residential uses - 35 feet (g) Minimum Floor Area Per Dwelling Unit: (i) Bachelor dwelling unit - 450 square feet ( (ii) One bedroom dwelling unit - 600 square feet (iii) Two bedroom dwelling unit - 750 square feet (iv) Three bedroom dwelling unit - 850 square feet (v) Dwelling unit containing more than three bedrooms - 925 square feet, plus an additional 75 squar feet for each bedroom in excess of 4. (h) Lot Coverage (.maximum): (i) Non-residential uses - 75% (ii) Apartment house - 35% (i) Height (maximum) : - 40 feet except that if any portion of a building is erected above a height of 40 feet, the required yard dimensions applicable to such portion of the building shall be increased by 1 foot for each 1 foot by which such building exceeds a height of 40 feet. Such provision shall not apply to an interior side yard if the interior side lot line abuts a Commercial or Institutional Zone nor shall such provision apply to a rear yard if the rear lot line abuts a Commercial or Institutional Zone. r (j) Location of Dwelling Units: No dwelling unit shall be located except in any storey above the first storey. (k) Dwelling Houses per Lot (maximum) : - 1 only (1) Habitable Room Window: Where the exterior wall of an apartment dwelling house contains a habitable room window, such wall shall be located no less than 25 feet from any interior side lot line. (m) Landscaped Open Space (minimum) : Notwithstanding the provisions of Section 3(51) hereof to the contrary, the lands designated as landscaped open space for an apartment dwelling house may be located above finished grade but not above a height of 30 feet. (i) Apartment house - 35% which may include a play area (ii) Non-residential - 10% (n) Play Areas: ( A play area shall be provided on each lot containing more than 10 dwelling units in accordance with the following: (i) Minimum Area - 4% of the lot area (ii) Location - not in a required front yard (o) Parking: Notwithstanding the provisions of Section 7.16 hereof to the contrary, off-street parking facilities shall be provided and maintained upon the same lot on which the principal use is located in accordance with the following provisions: Type of Use Minimum Parking Space Requirement Apartment house - 1.25 parking spaces per dwelling unit Other uses - None (p) Indoor Parking Bonus: Notwithstanding the provisions of Section. 16A (2) (a) hereof to the contrary, if more than one half of the required parking spaces for the apartment house are provided within the main building or underground on the same lot therewith, the minimum lot area per dwelling unit may be reduced to 800 square feet per dwelling unit. (q) Yard Measurement: Notwithstanding the provisions of Section 3.90 to the contrary no area of land shall be deemed not to be a yard appurtenant to an apartment house solely because such area of land is ( occupied by a permitted non-residential building, structure or use whose height does not exceed 4 feet above the floor level of the lowest dwelling unit in such apartment house. SECTION 17: LOCAL COMMERCIAL C3 ZONE (Added by By-law 72-32 - Amended by By-law ( 73-26) No persons shall within any local Commercial C3 Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- 17.1 Permitted Uses (a) a barber shop, a beauty shop, a self-service laundry, a dry cleaning establishment, a shoe repair shop, a sub post office, a drug store, a convenience retail store, a food store, a restaurant, a bank, an office, but excluding all commercial establishments with a drive-in or curb service. 17.2 Regulations for Permitted Uses in Clause (a) of Sub-Section 17.1 (a) Minimum Lot Frontage 75 feet (b) Minimum Lot Area 10,000 sq. ft. (c) Maximum Lot Coverage 30 per cent (d) Maximum Gross Floor Area 45% of lot area (e) Minimum Front Yard 45 feet (f) Minimum Side Yard 25 feet, except when a side yard abuts a street when the minimum side yard abutting the street shall be 45 feet. (g) Minimum Rear Yard 25 feet, except when the rear yard abuts a street or a •residential zone when the minimum rear yard shall be 45 feet. (h) Maximum Building Height 2 Storeys (i) Minimum Parking Requirements 1 Parking space per 300 square feet of gross floor area. (j) Additional Parking Regulation No parking space or part thereof shall be located and no land shall be used for the temporary parking or storage of any motor vehicle within 5 feet of any street line or boundary of any residential zone. (k) Minimum Landscaping Requirement A lanscaping area in the form of a planting strip having a minimum width of 5 feet shall be provided a3 thereafter maintained adja- cent to every portion of ai , lot line that abuts any Residential Zone. (1) Maximum Floor Area per Commercial Use - (Added by By-law No. 75-73) (i) Convenience Retail Store - 3500 sq. ft. Except that not- more than one convenience retail store having a floor area of greater than 2200 sq. ft. may be erected or used on any lot. (ii) All other Commercial Uses - 2200 sq. ft. SECTION 18: MARINE COMMERCIAL ZONE C: CP 1 In the Marine Commercial Zone, herein referred to as Zone lla, notwith- standing any other provisions of this By-law, no building or structure, or part thereof shall be erected, altered, or used, and no land shall be used except for one or more of the following uses -- and only where not prohibited under Provincial Regulations:- (a) Permitted Uses A place of residence, boat morrings and launching ramps; boat storage and parking areas; a marine service station, repair facilities, sales and display offices; a retail marine and snowmobile sales and supply outlet; a boat livery; restaurant facilities; a boatel; locker and locker room facilities; swim- ming pool and parks playgrounds and recreation areas. (b) Area Requirements Minimum site area 1 acre Minimum site frontage 100 feet on a public road Minimum water frontage 150 feet (c) Parking Requirements For every building or structure erected, altered or enlarged, there shall be provided and maintained, off-street parking in conformity with the following requirements and each parking space shall be made . ik accessible for ingress and egress by means of a hard surfaced lane i or right-of-way or street, at least eight (8) feet in width. Where more than one use occurs, the minimum required parking facilities x , shall be' computed for each different use area. Type or Nature of Building Minimum Required Parking or Use Facilities f 1.2 p arkin g spaces p er morring a) Boat moorings b) Launching ramp 2 acre of waterfront parking spaces per lane c) Picnic areas 1 parking space per picnic table d) Swimming Pools 1 parking space for each 10 persons of permitted capacity of the pool e) Restaurant 1 parking space for each 10 persons that can be accommodated at any time. f) Repair facilities 5 parking spaces g) Boat Livery 1 parking space for each 2 boats kept for rent h) Marine and Snowmobile supply 1 parking space for each 300 square retail outlets and sales and feet of floor area display offices (d) Yard Requirements For every building or structure erected, altered or enlarged, there shall be provided, unobstructed yards in accordance with the following requirements. Where more than one use occurs, the maximum required yard shall be provided. Type or Nature of Building or Minimum Yard Requirements from Use all Lot Lines Except where Abutting a Navigable Waterway a) Swimming Pool 200 feet b) Enclosed Storage Areas 25 feet c) Open Storage Areas 100 feet from any street line, 200 feet from any residential property line and 25 feet from all other lot lines d) Marine Service Station 25 feet e) Restaurant 30 feet f) Repair facilities 60 feet g) Boatel 12 the height of the building 1/10 � C the length of the building, or 12 feet, whichever is greater and a minimum of 25 feet from any road allowance h) Sales and display offices 25 feet i) Boat livery 25 feet j) Marine supply retail outlets 25 feet SECTION 19: LIGHT INDUSTRY ZONE 1 In light Industry Zone, the requirements shall be as follows, and no buildings or structure or part thereof shall be erected, altered or used, and no land shall be used except for one or more of the following uses: (a) Permitted Uses: - Pharmaceutical manufacturing - Any light industry, except junk yards, salvage yards, automobile wrecking yard or shop - Blacksmith's shop or horseshoeing shop - Bottling Establishment - Building for the storage of coke, coal, wood or builders supplies, and the sale thereof - Chick hatchery, poultry dressing - Cooper's establishment - Dog or Cat home, kennels, veterinary hospital - Dyeing or dry cleaning establishment - Egg processing - Furniture manufacturing or furniture repairing establishment - Laundry - Leather goods manufacturing - Machine Shop - Milk bottling establishment or milk distribution station - Soft drinks manufacturing - Textile manufacturing - Transport depots i - Ice Cream manufacturing. - Ice manufacturing - Baker (as in industry) - Bill-boards - Accessory buildings incidental to any of the above uses - Oil and Gasoline distributing centre (.b) No industrial building or part thereof, shall be used for human habitation, except in the case of an essential watchman, and any dwelling erected for the sole use of such a Watchman or other em- ployee, whose residence on the premises is essential, together with such employee's family, shall conform to all the requirements for a dwelling in the Residential Zone. MINIMUM BUILDING LOT AREAS AND YARDS (A) Where there is neither a public water supply nor sanitary sewer: (1) A business employing up to six persons: . Minimum size of building lot, 10,000 sq. ft. Minimum area free of building, 6,000 sq. ft. (2) A business employing more than six persons including employer: Minimum size of building lot, 10,000 sq. ft. Minimum area free of buildings, 6,000 sq. ft. plus 500 sq. ft. for each additional person over six in number. (B) Where is a public water supply but no sanitary sewer: (1) A business employing up to six persons: Minimum size of building lot, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft. (2) A business employing more than six persons including the employer: Minimum size of building lot, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft., plus 500 sq. ft. for each additional person over six in number. (C) Where there is a public water supply and sanitary sewers: (1) A business employing up to six persons: Minimum area free of building, 25% of building lot (2) A business employing more than six persons, including employer: Minimum area free of buildings, 25% of building lot. (D) No building including accessory buildings thereto, dull occupy more than 75% of the area of the lot, or parcel of land on which it is situated. (E) Regulations for minimum yards shall be as follows: Front Yard -- 50 ft. Rear Yard -- 25 ft. Side Yard -- 25 ft. But where abutting upon a residential area: An abutting front yard -- 150 £t. An abutting rear yard — 150 ft. An abutting side yard -- 150 ft. (F) For employees parking and company loading facilities requirements shall be as in Section 7.16 below. SECTION 20: HEAVY INDUSTRIAL ZONE f In the Heavy Industry Zone, the requirements shall be as follows, and no buildings or structures or part thereof, shall be erected, altered, or used, and no land shall be used except for one or more of the following uses: (a) Permitted Uses: (Industry) - In the Heavy Industrial Zone: No industrial building or part thereof shall be used for human habitation, except in the case of an essential watchman, and any dwelling erected for the sole use of such watchman or other employee, whose residence on the premises is essential, together with such employees' family, shall conform to all the requirements for a dwelling in the Residential Zone. - No industrial building or part thereof, shall be used for any purpose which from its nature or the materials used therein is, under the Public Health Act or regulations thereunder, declared to be a noxious trade, business, or generality of the foregoing. None of the following trades, businesses, or manufacturers shall be carried on without the consent of the local Board of Health, as provided in Section 89 of the Public Health Act. - Blood boiling - Bone boiling - Refining coal oil - Extracting oil from fish. - Storing hides - Soap boiling - Slaughtering animals - Tanning Hides or skins - Manufacturing glue - Manufacturing or storing of fertilizers from dead animals or from human or animal waste - Explosives or. fireworks - Glue manufacturing or collection - Storage or reduction of dead animals - Wrecking of motor vehicles - Junk Yards i - Dump - Sewage disposal - Any portion of the Conservation Zone as shown in Schedule hereto (b) Minimum yards: — Requirements as in Section 1, Paragraph (E) Minimum Building Lot Area and Yards (a) Where there is neither a public water supply nor sanitary sewer: # (1) A business employing up to six persons: Minimum size of building lot, 10,000 sq. ft. Minimum area free of buildings, 6,000 sq. ft. # (2) A business employing more than six persons including employer: Minimum lot area, 10,000 sq. ft. Minimum area free of buildings, 6,000 sq. ft. plus 500 sq. ft. for each additional person over six in number (b) Where there is a public water supply, but no sanitary sewer: # (1) A business employing up to six persons: Minimum size of building lot, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft. # (2) A business employing more than six persons including employer: Minimum size of building lot, 6,000 sq. ft. Minimum area free of buildings, 4,000 sq. ft. plus 500 sq. ft. for each additional person over six in number. (c) Where there is a public water supply and sanitary sewer: (1) A business employing up to six persons: Minimum area free of buildings, 25% of building lot (2) A business employing more than six persons: Minimum area free of buildings, 25% of building lot. In Sections 12 (a) and 12 (b) marked thus, #, if living quarters are combined with industrial buildings, the requirements as to minimum size of lot for residential use shall apply. (d) No building accessory buildings, thereto, shall occupy more than 75% of the area of the lot, or parcel of land on which it is situated. (e) For employee Parking and Company Loading Facilities, requirements shall be as in Section 7.16 following: SECTION 21: INSTITUTIONAL I ZONE (Added by By-law No. 72-32) No person shall within any Institutional I Zone use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- 21.1 Permitted Uses (a) Institutional uses and private clubs. (b) Uses, buildings and structures accessory to any use permitted in Clause (a) of this sub-section. 21.2 Regulations for Schools (a) Minimum Front Yard 50 feet (b) Minimum Side Yard 25 feet except that the minimum side yard abut- ting a public street shall be 25 feet. (c) Minimum Rear Yard 25 feet except that the minimum rear yard abut- ting a public street be 25 feet. (d) Minimum Parking Requirements - No parking space or part thereof . shall be located and no land shall be used for the temporary park- ing or storage of any motor vehicle within 5 feet of any lot line, or within 25 feet of any street line, or within 10 feet of the boundary of any Residential Zone. 21.3 Regulations for Permitted Uses Other than Schools (a) Minimum Lot Frontage 100 feet (b) Minimum Lot Area 20,000 sq. ft. (c) Maximum Lot Coverage 50 per cent (d) Minimum Front Yard 50 feet (e) Minimum Side Yard 15 feet except that the minimum side yard abut- ting a public street shalt be 30 feet. (f) Minimum Rear Yard 25 feet except that the min- imum rear yard abutting a public street shall be 25 feet. (g) Maximum Height 60 feet (h) Minimum parking requirements - No parking space or part thereof shall be located and no land shall be used for the temporary parking or storage of any motor vehicle within 5 feet of any lot line, or within 25 feet of any street line, or within 10 feet of the boundary of any Residential Zone. (i) Minimum Landscaping Requirements - A landscaping area in the form of a planting strip having a minimum width of 5 feet shall be provided and thereafter maintained adjacent to every portion of any lot line that abuts any Residential Zone. i SECTION 21A: INSTITUTIONAL I-1 ZONE (Added by By-law No. 76-22) No person shall within any Institutional I-1 Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions: 21A. 1 Permitted Uses a) A private secondary school b) Uses, buildings and structures accessory to the foregoing permitted uses 21A. 2 Regulations for Private Secondary Schools a) Minimum Lot Frontage -- 100 feet b) Minimum Lot Area -- 4 acres c) Minimum Lot Frontage -- 100 feet d) Minimum Front Yard -- 50 feet e) Minimum Side Yard -- 25 feet f) Minimum Rear Yard -- 35 feet g) Minimum Setback from Rear Zone Boundary -- 35 feet h) Maximum Lot Coverage -- 50% i) Maximum Height of Building -- 60 feet l SECTION 21B: INSTITUTIONAL I-2 ZONE (Added by By-law 77-8) No person shall within any Institutional I-2 Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions: 21B. 1 Permitted Uses a) A Charitable Institution for the residential accommodation, education, employment, therapeutic treatment and recreation of severely handicapped persons. b) Uses, buildings and structures accessory to the foregoing permitted use. 21B. 2 Regulations for Charitable Institutions a) Minimum Lot Frontage - 400 feet b) Minimum Lot Area - 3 acres c) Minimum Front Yard - 50 feet d) Minimum Side Yard - 40 feet e) Minimum Rear Yard - 25 feet f) Maximum Lot Coverage - 25% g) Maximum Height of Building - 35 feet SECTION 22: PUBLIC OPEN SPACE 02 ZONE (Added by By-law No. 72-32) t No person shall within any Public Open Space 02 Zone use any land, or erect, alter or use any building or structure except in accord- ance with the following provisions:- 22.1 Permitted Uses (a) Parks and recreation uses including the erection or use of any buildings or structures accessory thereto. I (b) Commercial or other uses, buildings or structures j accessory to any principal use in Clause (a) of this sub-section, except a residential use. 22.2 Regulations for Permitted Uses in Clause (a) and (b) of Sub-Section 22.1 (a) Minimum Yard Requirements - No building or structure shall be used or erected within 25 feet of Any lot line, or within 50 feet of any street line, or within 50 feet of the boundary of any Residential Zone. (b) Minimum Parking Requirements (i) Parking spaces shall be provided on the same lot on which the principal use is located, sufficient in number to accommodate the employees of, and the visitors to, the use or uses on such lot. (ii) No parking spaces or part thereof shall be located and no land shall be used for the temporary parking or storage of any motor vehicle within 5 feet of any lot line which does not abut a public street, or within 10 feet of any street line or boundary of any Residential Zone. SECTION 23: CONSERVATION AND HAZARD 03 ZONE (Added by By-law No. 72-32) 1 No person shall within any Conservation and Hazard 03 Zone, use any land, or erect, alter or use any building or structure except in accordance with the following provisions:- 23.1 Permitted Uses (a) Buildings, and uses existing at the date of passing of this By-law but not conversion thereof and uses, buildings and structures accessory thereto. (b) Parks, playgrounds, tennis courts, lawn bowling greens, out- door natural rinks, athletic fields, golf courses, picnic areas and boat launching ramps, shelters and docking facilities, together with necessary accessory structures, saving and ex- cepting human habitation. 1 3 23.2 Regulations for Accessory Buildings Permitted in Clause (b) of Sub-Section 23.1 (a) Minimum Lot Frontage 50 feet (b) Maximum Lot Coverage 10 percent (c) Minimum Yard Requirements: No building shall be used or erected within 25 feet of any lot line which does not abut a public street, or within 50 feet of the boundary of any Residential Zone, or at a lesser distance from any public street than 50 feet. (d) Minimum Parking Requirements: No parking space or part thereof shall be located and no land shall be used for the parking or storage of any motor vehicle within 10 feet of any lot line which does not abut a public street, or within 25 feet of any street line or boundary of any Residential Zone. SECTION 24: RURAL A ZONE 24.1 Permitted Uses (a) Agricultural uses including one one-family detached dwelling, but excluding uses which are obnoxious to the public welfare including poultry farms, mushroom farms, fur farms, hatcheries, commercial dog kennels, and piggeries or the raising of hogs. (b) One family detached dwellings existing at the date of the passing of this by-law, and uses buildings and structures accessory thereto. 24.2 Regulations for Agricultural Uses Permitted in Clause (a) of Subsection 24.1 (a) Minimum Lot Frontage 400 feet (b) Minimum Lot Area 25 acres (c) Maximum Lot Coverage 20 percent (d) Minimum Front Yard: (i) For dwellings and buildings accessory thereto 30 feet. i (ii) For buildings and structures not included in Paragraph { (i) of this clause, 100 feet. (e) Minimum Side Yard: (i) 10 feet for dwellings and buildings accessory thereto, except that the minimum side yard abutting a public street shall be 30 feet. (ii) For buildings and structures not included in paragraph (i) of this clause, 30 feet except that the minimum side -' yard abutting a public street shall be 50 feet. (f) Minimum Rear Yard (i) 50 feet for dwellings and buildings accessory thereto. (ii) For buildings and structures not included in Paragraph (i) of the clause, 50 feet except that the minimum rear yard abutting a public street shall be 100 feet. (g) Minimum Floor Area for Dwelling (i) 1 Storey 950 square feet Split level or more than 600 sq. ft. minimum 1 storey ground floor area Where no basement or cellar is provided the applicable minimum floor area shall be increased by 200 square feet. 24.3 Regulations for Enlargement of Existing Dwellings Permitted in Clause (b) of Subsection 24.1 (a) Maximum Lot Coverage 20 percent (b) Minimum Front Yard 30 feet (c) Minimum Side Yard 10 feet except as provided for in paragraphs (i) and (ii) of this clause: (i) The minimum side yard abutting a public street shall be 30 feet. (ii) On an interior lot where no attached garage or attached carport is provided the minimum side yard on one side shall be 15 feet. (d) Minimum Rear Yard 35 feet (e) Maximum Height 2% Storeys 24.4 Regulations for Accessory Buildings Permitted in Clause (b) of Subsection 24.1 (a) Location - side or rear yard only (b) Minimum Distance from Main Building - 5 feet provided that ( in no case shall any overhang, caves or gutter project into this required area which shall be clear of any obstruction from the ground to the sky. (c) Minimum Yard Requirements: (i) Except as provided in Paragraphs (ii) and (.iii) of this clause, no accessory building shall be located within 6 feet of a side or rear lot line. (ii) Notwithstanding the provisions of Paragraph (i) hereof, the minimum yard abutting a public street shall be 30 feet. (iii) Notwithstanding the provisions of Paragraph (i) hereof, on a reversed corner lot no accessory building shall be located within 10 feet of a rear lot line. (d) Maximum Height 15 feet 24.5 Nothwithstanding any provisions of this By-law to the contrary, that part of lot 8, concession 2 which is designated "A-1" on the attached Schedule "X" hereto may be used as a nursery school. (By-law 74-43) (Amended by By-law 76-70) 24.6 Notwithstanding any provisions of this By-law to the contrary, (added by By-law 83-86), that part of Lot 9, concession 2 which is designated "A-2" on the attached Schedule "A" hereto shall be used only in accordance with the followign provisions: (1) Permitted Uses - one single family detached dwelling and buildings and structures accessory thereto serviced by a private water supply and sanitary waste disposal facilities. - agricultural and farm related uses, but excluding uses which are obnoxious to the public welfare, including poultry farms, mushroom farms, fur farms, hatcheries, commercial dog kennels and piggeries or the raising of hogs. (2) Zone Provisions (a) Lot Area (minimum) 2.4 hectares (b) Lot Frontage (minimum) 150.0 metres (c) Front Yard (minimum) 10.0 metres (d) Side Yard' (minimum) 3.0 metres (e) Rear Yard (minimum) 15.0 metres (f) Minimum Gross Floor Area (i ) One-storey or split level single family dwelling 110.0 square One and one-half or two metres storey single family dwelling 130.0 square metres (g) Building Height (maximum) 10.5 metres (h) Access to the lands subject of this SPECIAL CONDITION shall be restricted to an area commencing from the limits of the most southerly boundary of the subject lands to a point 56.0 metres north along the lot frontage and shall be located in accordance with the applicable entrance way policies currently in effect for the Town of Newcastle. (Added by By-law No. 72-31) SECT_ I�5. DEVELOPMENT D ZONE { Development D Zone use any land, or erect, hall within any building or structure except in accordance with the No person s alter or use any following provisions: 25.1 Permitted Uses detached dwelling, one one-family public welfare a) Agricultural uuseslwhich are obnoxious to the mushroom farms, furn farms, hatcheries, but excludin farms kennels, and piggeries, including poultry commercial greenhouses, commercial dog or the raising of hogs. s existing at the date of the b) One-family detached dwelling s and structures passing Of this By-law, and uses building accessory thereto- 25.2 for A ricultural Uses 25.2 Re 400 feet a) Minimum Lot Frontage 10 acres b) Minimum Lot Area 20 percent c) Maximum Lot Coverage ( d) Minimum Front Yard: thereto, 30 feet. s and buildings accessory (i) For dwelling For buildings and structures not included in p (ii) 100 feet. — (i) of this clause, de Yard thereto, e) Minimum Si s accessory dwellings and building a public (i) 10 feet for minimum side yard abutting P except that the mi street shall be 30 feet. paragraph For buildings and structures not ti included in miimum side (ii) 30 feet except feet. (i) of the Clause, and abutting a public street shall be 50 Y I f) Minimum Rear Yard s accessory thereto. (i) 50 feet for dwellings and building aragraph For buildings and structures not r thatethempi.nimum rear 50 feet excep (i) of this Clause, a public street shall be 100 feet. yard abutting P Minimum Floor Area for Dwellin feet g) 950 square (i) 1 Storey 600 square feet Split level or more than 1 storey minimum ground flo( area. � rovided the applicable Where no basement or cellar is P minimum floor area shall be increased by 200 square feet h) Maximum Height for a Dwelling 35 feet 25.3 Regulations for Enlargement of Existing Dwellings Permitted in Clause (b) of Subsection 25.1 20 percent a) Maximum Lot Coverage 30 feet b) Minimum Front Yard 10 feet except as C) Minimum Side Yard provided for in Paragraphs (i) and (ii) of this clause. (i) The minimum side yard abutting a public street shall be 30 feet. no attached garage or attached On an interior lot where (�l) carport is provided, the minimum side yard on one side shall be 15 feet. 35 feet d) Minimum Rear Yard 35 feet e) Maximum Height 25.4 Regulations for Accessory Buildings Permitted in Clause (b) of Subsection 25.1 a) Location - side or rear yard only Minimum Distance from Main Building - 5 feet provided that b) eaves or gutter project into in no case shall any overhang, obstruction this required area which shall be clear of any from the ground to the sky. C) Minimum Yard Re uirements (i) Except as provided in paragraphs (ii) and .(iii) of this clause, no accessory building shall be located within 6 feet of a side or rear lot line. Notwithstanding the p rovisions of paragraph (i) hereof, ing a public street shall be 30 feet. the minimum yard abutt the provisions of paragraph (.i) hereof, Notwithstanding shall be on a ed corner rear lot melding located feet d) Maximum Height 1 SECTION 26: ADMINISTRATION AND ENFORCEMENT (Added by By-law No. 72-32) 26.1 Administration This By-law is to be administered by a person designated, from time to time, by the Council as the Zoning Administrator and in his absence by such other employee of the Town as the Council designates from time to time. 26.2 Enforcement (added by By-law 80-66) Every person who uses any lot, or erects, alters or uses any building or structure in a manner contrary to any require- ment of this By-law, or who causes or permits such use, alter- ation or erection, or.who violates any provision of this By-law or causes or permits a violation, shall be guilty of an offense and on summary conviction therefor, is liable to a fine not exceeding One Thousand Dollars ($1,000.00) , exclusive of costs, for each such offense and every such penalty shall be recoverable under The Municipal Act and The Summary Convictions Act. Each day of violation shall constitute an offense. 4i I z`3 SECTION 27: VALIDITY AND EFFECTIVE DATE (Added by By-law No. 72-32) i' 27.1 Validity Every provision of this By-law is declared to be severable from the remainder of the By-law, and if any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder thereof. 27.2 Effective Date This By-law shall come into force and take effect upon being passed by Council subject to the approval of the Ontario Municipal Board. i "SCHEDULE 'B' TO THE ZONING BY-LAW" Schedule of Special Conditions and Exceptions applicable to and shown as "hatched" on the Zoning Maps. SPECIAL CONDITION 1 (Added by By-law No. 73-14) A parcel of land bounded by Simpson Avenue, King's Highway No. 2 (King Street), Soper Creek and extending a distance of 2004.08 -feet southerly from the south limit of King"s Highway No. 2 and registered in the Registry Office for the Registry Division of the County of Durham West as Number 698, as shown on Schedule "A", hatched and marked with the figure 1 encircled, shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law or By-law 1587 as amended, the provisions of these special regulations, but in the event that this special condition is silent on any matter, then the provisions applicable to a R Zone, as specified in By-law 1587 as amended, will apply. 1.1 Defined Area - The area subject to this special con- dition is as shown, hatched, on Schedule "A" hereto. 1.2 Site Area - The site area shall not be less than 68.52 acres. 1.3 Permitted Uses - The hereinafter referred to lots and blocks, are identified on a plan registered in the Registry Office for the Registry Division of the County of Durham West, on the 5th day of December, 1972 as Number 698. (a) Lots 1 to 137 inclusive shall be used for single family detached dwellings and accessory uses. (b) Lots 138 to 172 inclusive shall be used for semi-detached dwellings and access- ory uses. Block "B" shall be used for apartment houses and accessory uses. 1.4 Regulations for Semi-Detached Dwellings (a) Minimum Side Yard Requirements:- (i) One storey dwellings and accessory buildings 4 feet except as provided in paragraphs (iii) and (iv) of this clause. (ii) Two storey dwellings and accessory buildings 6 feet except as provided in paragraphs (iii) and (iv) of this clause. (iii) On a corner lot the minimum side yard abutting a public street shall be 20 feet. (iv) On an interior lot where no attached garage or attached carport is provided, the minimum side yard shall be 10 feet. (b) For the purposes of this clause the term "mutual property line", refers to the property line dividing the two parts of a semi-detached lot. Where semi-detached dwelling units are detached above grade, the following regulations shall apply: (i) the minimum distance from the mutual property line for walls having no window openings shall be 3 feet. (ii) the minimum distance from the mutual property line for walls having window openings shall be 4 feet. (c) The minimum lot frontage requirement for lot 138 identified on Registered Plan Number 698 shall be 65 feet. SPECIAL CONDITION 2 (Added by By-law No. 73-44) t A parcel of land containing not less than 9 acres on the east side of Martin Road (County Road No. 57) as shown on Schedule "A" cross-hatched and marked "Special Condition 2", shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, or By-law 1587 as amended, the provisions of these special regulations shall apply but in the event that this special condition is silent on any matter, then the provisions applicable to an RE Zone as specified in By-law 1587 as amended will apply: 1.1 Defined Area: - The area subject to this Special Condition is as shown cross-hatched on Schedule "A" attached hereto. 1.2 Site Area:- - The site shall be not less than 9 acres. 1. 3 Permitted Uses:- One family detached dwellings and accessory uses buildings and structures. 1.4 Lot Frontage: - Minimum Lot Frontage 150 feet. 1.5 Service Requirements:- No person shall erect or use .any buildings as a dwelling on any lot unless such building is serviced with a potable water supply and sewage disposal system. L SPECIAL CONDITION 3 (Added by By-law 76-78) A parcel of land on the south side of King Street in Bowmanville, as shown on Map 4 of Schedule A cross-hatched and marked "Special Condition 3" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, or By-law 1587 as amended, the provisions of these special regulations shall apply but in the event that this special condition is silent on any matter, then the provisions applicable to a C zone as specified in By-law 1587, as amended, will apply. 1.1 Defined Area - The area subject to this special condition is shown cross-hatched on Schedule "A" attached hereto. 1.2 Permitted Uses - All uses permitted in the Commercial Zone except: - a drive in restaurant - a motel - a service station - a public garage i SPECIAL CONDITION 4 (Added by By-law 77-39) A parcel of land on the north side of Concession Street in Bowmanville, as shown on Map 2 of Schedule A cross-hatched and marked "Special Condition 4" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, or By-law 1587 as amended, the provisions of these special regulations shall apply, but in the event that this special condition is silent on any matter, then the provisions applicable to an O zone, as specified in By-law 1587 as amended, will apply. 1.1 Defined Area - the area subject to this special condition is shown cross-hatched on Schedule A attached hereto. 1.2 Permitted Uses - In addition to the uses listed in Section 23.1 of By-law 1587, uses accessory to the main use on the lot, namely; a charitable institution for the residential accommodation. education, employment, therepeutic treatment and recreation of severely handicapped per- sons, may be permitted, provided that no buildings or structures of any kind may be erected without the written consent of the Central Lake Ontario Conservation Authority. i r` SPECIAL CONDITION 5 (Added by By-law 77-61) (Superseded by By-law 79-116) The whole of Block A and the westerly 125 feet of Block B according to a registered plan of Subdivision registered in the Registry Office for the Registry Division of Durham (No. 10) as Number 698, shall be subject to special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of By-law 1587, then the provisions of these special regulations will apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area - The area subject to this special con- dition is the whole of Block A and the westerly 125 feet of Block B Plan 698. 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 in accordance with the following provisions: (a) Commercial Uses: • retail shop • bank -- -\ financial office { ( • service shop • personal service shop • restaurant • professional office • business office • clinic • theatre • bake shop • studio • governmental office (b) Accessory Commercial Uses: The preparation, mixing, assembly, or packaging of drugs, medicines, foods, goods and other materials sold from the premises. Indoor mall, sprinkler room, electrical room, manager's office, janitor's room, public restrooms, garbage storage rooms and any use necessary for the operation of a shopping centre. - 2 - 1.3 Minimum Setbacks, Height, Lot Coverage and Landscaped Open Space 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 in accordance with the following provisions: (a) Front Yard (minimum) - 65 feet (b) Exterior Side Yard (minimum) - 65 feet (c) Interior Side Yard (minimum) - 25 feet except that where a side lot line abuts a resi- dential zone the minimum interior side yard shall be 50 feet. (d) Rear Yard (minimum) - 35 feet except that where a rear lot line abuts a residential zone the minimum rear yard shall be 50 feet. (e) Height (maximum) - 35 feet f (f) Lot Coverage (maximum) - 35% (g) Landscaped Open Space - an area 5 feet in depth abuttin (minimum) every exterior lot line except where such area is occupied by a driveway or walkway. 1.4 One Foot Reserves Notwithstanding any provisions of Section 3.54 of By-law 1587 to the contrary, a parcel of land which is separated from a public highway by only a one foot reserve shall be deemed to abut that public highway. 1.5 Front Line Notwithstanding any provisions of Section 3.62 of By-law 1587 to the contrary, the front lot line shall mean the property lot line that divides the lot from King Street only by a one foot reserve. 1.6 Lot Notwithstanding the provisions of Sections 3.54, 3.90 and 7.2 of By-law 1587 the whole of the lands in the defined area shall be deemed to be a lot and the lot lines shall be deemed to be the perimeters of the defined area. SPECIAL CONDITION 6 (Added by By-law 77-80) A parcel of land on the north west corner of Loscombe Drive and the road allowance between Lots 12 and 13 in Concession 1, more particularly described as Lot 181, Registered Plan Number 702 and shown on "Schedule A" cross-hatched and marked "SPECIAL CONDITION 6" shall be subject to the special regulations hereinafter con- tained, and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, as amended, the provisions of these special condition is silent on any matter, then the provisions applicable to an. R-2 zone will apply. 1.1 Defined Area - The area subject to this Special Condition is Lot 181 of Registered Plan 702. 1.2 Permitted Uses - In addition to the uses normally permitted in the R-2 zone, the dwelling located on the subject land may also be used for the day-time care of not more than 25 children, provided that the said dwel- ling continues to be used also for the purpose of a single family detached dwelling. SPECIAL CONDITION 7 (Added by By-law 78-16) a The whole of Parts 1 to 26 in Reference Plan registered in the Registry Office for the Registry Division of Durham (No. 10) as Plan 1OR-750, and shown on Schedule "A" cross-hatched and marked with the figure 7 encircled, shall be subject to special regulations hereinafter contained and where there is any conflict between the regu- lations hereinafter set out and any other provisions of By-law 1587, then the pro- visions of these special regulations will apply, but in all other respects the pro- visions of this by-law, as amended, shall apply. 1.1 Defined Area The area subject to this special condition is the whole of. Parts . 1 to 26 in Reference Plan registered in the Registry Office for the Registry Division of Durham (No. 10) as plan 1OR-750. 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 pur- pose except in accordance with the following provisions:. (a) Industrial Uses: - a warehouse for the storage of goods and material within a wholly enclosed structure; - a retail store or service shop accessory or incidental to the use permitted in an industrial zone; - an assembly bottling, processing, manufacturing or incidental use carried out within a wholly enclosed building or structure except obnoxious uses, which uses shall include those uses more particularly described in Section 7.10 of By-law 1587 and the following: - an arsenal; - asphalt production; - livestock sheds or pens or stock yards; - cement, lime or sulphate works; - coke manufacturing commercial garbage incineration and/or disposal operation including any vehicles or equipment used in such operations but not including those accessory to a use permitted by this by-law; - extraction of oil from fish; d - manufacturing, refining or processing of hydrocloric acid, nitric acid, picric acid, sulphuric acid or any sulphurous acid; - manufacture or storage of explosives or fire works; - wool pulling or wool scouring; 1.3 Minimum set backs, heights, lot coverage and landscaped open space - (a) Front Yard (Minimum) - 35 feet (b) Exterior Side Yard - 35 feet (Minimum) (c) Interior Side Yard - on interior lots, the interior (Minimum) side yard shall not be less than 15 feet. (d) Rear Yard (Minimum) - 25 feet (e) Height (Maximum) - 35 feet (f) Lot Coverage (Maximum) - 60 per cent (g) Landscaped Open Space - 10 per cent of lot area. (Minimum) 1.4 Lots adjacent to Highway 401 No person shall within the Defined Area use any lot or erect, alter or use any building or structure for any non-residential purpose within 500 feet of the centre line of Highway 401 except in accordance with the following provisions: (a) Ground Floor Area: (Minimum) - 7,000 square feet (b) External Design: (i) all plans and specifications for all buildings and structures shall be prepared by a registered architect and bear his stamp. (ii) The exterior of the wall or walls of any building or structure facing Highway 401 and the adjoining two side walls of such building or structure shall be of brick, stone or glass constructions provided that the following facing materials may be used to a maximum of 40 per cent of the total surface area of each wall: - stainless steel; - decorative glazed terra cotta; - ceramic veneer; - precast stone or concrete panels; - aluminium; - bronze; - steel with protective glazed enamel or porcelain finish; - asbestos siding and/or wood frames, doors and fascias. 1.5 One Foot Reserves - Notwithstanding any provisions of Section 3.54 to the contrary, a parcel of land which is separated from a public highway by only a one foot reserve shall be deemed to abut that public highway. 1.6 Performance Standards - All permitted uses shall observe the following standards of performance:- Type of Emission Maximum Emission Permissable i (a) Noise Imperceptible at any point on any lot line. (b) Odours, Toxic or Nil Corrosive Gases (c) Vibration Imperceptible outside the building. (d) Glare and Heat Imperceptible outside the building. (e) Electromagnetic Imperceptible outside the building. 1. 7 Parking - Notwithstanding any provisions of Section 7.16 to the contrary, the minimum parking requirements for industrial uses in the defined area shall be one space for every 750 square feet of gross floor area of all structures or buildings erected on the lot, and no portion of any parking area in any front yard or exterior side yard shall be closer than 5 feet to any front lot line or exterior side lot line. Not more than one parking space for every 7,000 square feet of gross floor area of all buildings and structures located on the lot shall be located in any front or exterior side yard. 1.8 Outside. Storage - Save and except parking all permitted uses and other operations incidential thereto including storage shall be carried on within the confines of a building. A storage area with roof but without side walls may be permitted up to the ground floor area of the building provided that such storage area shall be so located that it is not visible from any public roadway. 1.9 Development Agreement - The defined area shall be subject to the provisions of Section 35a of the Planning Act, R.S.O. 1970, Chapter 349, as amended, and the provisions of Section 7.22 of this By-law shall apply notwithstanding the fact that the defined area is not within a zone specified in Section 7.22 of this By-law. i l SPECIAL CONDITION 8 (Added by By-law 78-74) A parcel of land in part of lot 9, broken front concession as shown on Map 6 of Schedule "A" hatched and marked with the figure 8 encircled, shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provision of this By-law, then the provisions of these special regulations will apply, but in all other respects the provisions of this By-law, as amended, shall apply. 1.1 Defined Area The Area subject to this special condition is shown hatched and marked with the figure (8) encircled on Schedule "A" hereto. 1.2 Permitted Uses and Zone Provisions 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 for a water pollution con- trol plant and ancillary structures, in accordance with the following provisions: (a) front yard (minimum) 70 feet (b) sideyard (minimum) 15 feet (c) rear yard (minimum) 25 feet (d) lot coverage (minimum) 75% (e) building separation (minimum) 10 feet (f) parking spaces (minimum) 5 (g) loading spaces (minimum) 1 i SPECIAL CONDITION 9 (Added by By-law 79-116) The whole of the lands legally described on the attached Schedule "A" to this By-law and outlined on the attached Schedule "B" to this By-law, shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out any other provisions of By-law 1587, then the provisions of these special regulations will apply, but in all other res- pects the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The area subject to the special condition is the whole of the lands legally described on Schedule "A" hereto and outlined on Schedule "B" 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 in accordance with the following provisions: (a) Commercial Uses: a retail shop a bank a financial office a service shop a personal service shop a restaurant a professional office a business office a clinic a theatre a studio a governmental office (b) Accessory Commercial Uses: The preparation, mixing, assembly or packaging of drugs, medicines, foods, goods and other materials sold from the premises. Indoor mall, sprinkler room, electrical room, manager's office, janitor's room, public restrooms, garbage storage rooms and any use necessary for the operation of a shopping centre. 1.3 Lands Susceptible to Flooding Notwithstanding paragraph 1.2 of this By-law, no person shall use, erect any building or structure on, or alter any of the lands in the defined area that may be susceptible to flooding as may be defined by the Conservation Authority having jurisdiction. Land identified as susceptible to flooding may be used for flood control works upon approval of the Conservation Authority having jurisdiction. 1.4 Minimum setbacks, height, lot coverage and landscaped open space-- 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 pur- pose except in accordance with the following provisions: (a) Front Yard (minimum) - 65 feet (b) Exterior Side Yard (minimum) - 65 feet (c) Interior Side Yard (minimum) - 25 feet except that where a side lot line abuts a residential zone the min- imum interior side yard shall be 50 feet. (d) Rear Yard (minimum) - 35 feet except that where a rear lot line abuts a residential zone the min- imum rear yard shall be 50 feet. (e) Height (maximum) - 35 feet (f) Lot Coverage (maximum) - 35% (g) Landscaped Open Space - an area 5 feet in depth (minimum) abutting every exterior lot line except where such area is occupied by a drive- way or walkway. 1.5 One Foot Reserves Notwithstanding any provisions of Section 3.54 of By-law 1587 to the contrary, a parcel of land which is separated from a public highway by only a one foot reserve shall be deemed to abut that public highway. 1.6 Front Line i Notwithstanding any provisions of Section 3.62 of By-law 1587 to the contrary, the front lot line shall mean the property lot line that divides the lot from King Street only by a one foot reserve. 1. 7 Lot Notwithstanding the provisions of Sections 3.54, 3.90, 7.2 of By-law 1587 the whole of the lands in the defined area shall be deemed to be a lot and the lot lines shall be deemed to be the perimeters of the defined area. 1.8 Site Plan Agreement Pursuant to Section 35(a) of the Planning Act, as amended, the lands subject to the special condition contained herein, are hereby designated a site plan control area. The Town of Newcastle shall require the owner of the lands to enter into one or more agreements in respect of the development of the subject lands prior to any development being undertaken. 1 I SCHEDULE "A" TO BY-LAW 79-116 ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Newcastle (Formerly in the Town of Bowmanville), Regional Municipality of Durham (Formerly County of Durham), being composed of all of Block E. , Part of Block B, and part of Block I (1.0' Reserve) according to a plan registered in the Registry Office for the Registry Division of Newcastle (No. 10) as Number 698; and Parts of Lots 14, 15, 16, 17, 18, 19, and 20, according to a plan of Building Lots known as J. A. Codd's Plan (Deposited in the Registry Office March 26, 1882), and more particularly described as follows:- PREMISING that the northerly limit of Hobbs Drive as shown on said Plan 698 has a bearing of North 72015' East and relating all bearings herein thereto; COMMENCING at a point in the Northerly limit of Hobbs Drive distant 125.00 feet measured easterly. from the Southwesterly angle of said Block B; THENCE North 72015' East along the Northerly limit of Hobbs Drive, being also the southerly limit of said Block B, 234.98 feet to a point of curve; THENCE Northeasterly along the said curve to the right, having a radius of 316.00 feet, an arc distance of 80.00 feet; the chord being 79. 79 feet, measured on a course of North 79030'10" East to a standard iron bar found planted at the southeast angle of said Block E; THENCE North 08056'50" West 105.36 feet, more or less to a standard iron bar found �( planted at the northeast angle of said Block E; THENCE North 73058'30" East along the northerly limit of Block C of said Plan 698,184. 78' to a point; THENCE North 17048' West 272.78' more or less to a point of curve in the southerly limit of King Street (The King's Highway No. 2) as widened by Deposited Plan No. N31849; THENCE Southwesterly along said curve to the left having a radius of 1085.92' an arc distance of 210.90' , the chord being 210.57' measured on a course of South 77001'55" West to a standard iron bar found planted at the northeast angle of said Block I (1.0' Reserve); THENCE South 73041' West along the northerly limit of said Block I, 162.13' to a point; THENCE North 17028'20" West 10.00 feet to a point in the Northerly limit of said Block I; THENCE South 73041' West along the northerly limit of said Block I, 141.96' to a point; THENCE South 17045'20" East, 396.52' , more or less to the point of Commencement. f SPECIAL CONDITION 10 (added by By-law 80-44) A parcel of land on the south-east corner of King Street and St. George Street as shown on "Schedule A" cross-hatched and marked "Special Condition 10" shall be subject to the special regulations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any other provisions .of this By-law, as amended, the provisions of these special regulations shall apply but in the event that this special condition is silent on any matter, then the provisions applicable to a C zone will apply. 1.1 Defined Area The area subject to this Special Condition is as shown on '8chedule A" cross-hatched and marked "Special Condtion 10". 1.2 Permitted Uses In addition to the uses normally permitted in the C zone, the lands described on "Schedule 'A' as "Special Condition 10", may be used for the purposes of a car and truck sales and service outlet. i SPECIAL CONDITION 11 (Added by By-law 79-100) A parcel of land on the east side of Regional Road 57 in Bowmanville, being the whole of Plan 1OR as shown on Map 1 of Schedule "A" cross-hatched and marked "SPECIAL CONDITION 11", shall be subject to the special regulations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, as amended, the provisions of these special regulations shall apply, but in the event that the special condition is silent on any matter, then the provisions applicable to an RE zone shall apply. 1.1 Defined Area The area subject to this special condition is that part of Lot 14, Concession 2, being the whole of Plan 1OR as shown cross- hatched and marked "Special Condition 11" on Schedule 'A' hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, except Part 6, Plan 1OR , or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (a) Residential Uses one single family dwelling per lot, and uses, buildings and structures accessory thereto. (b) Non-Residential Uses a public park. 1.3 Minimum Lot Requirements No person shall use any of the lands in the defined area, except Part 6, Plan 1OR , or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT FRONTAGE (minimum) 45.5 m (b) LOT AREA (minimum) .6 ha 1.4 Servicing Requirements No person shall erect or use any building or structure as a dwelling unless such building is serviced with a potable water supply and sewage disposal system to the satisfaction of the govern- mental authority having jurisdiction. 1.5 Permitted Uses - Part 6, Plan 1OR No person shall place any fill or erect, alter or use any building or structure, except for flood control purposes, within the limits of Part 6, Plan 1OR and such building or structure shall not be erected or altered, nor shall fill be placed, without the written permission of the Central Lake Ontario Conservation Authority. SPECIAL CONDITION 12 (Added by By-law 79-112) { • A parcel of land on the east side of Liberty Street in Bowmanville, as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 12", shall be exempt from all the provisions of this By-law, and shall be subject only to the following provisions of this SPECIAL CONDITION. 1.1 Defined Area - The area subject to this SPECIAL CONDITION is as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 12". 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: - a recreation complex, including, but not restricted to, a swimming pool, squash courts, and related facilities. - a school. 1.3 Parking Requirements - For every building or structure, or part thereof, within the defined area, which is to be erected for, altered for, or its use converted to, any of the uses specified in the following table, off- street parking facilities shall be pro- vided and maintained within the defined area, in accordance with the following table: (i) recreation complex 1 space for each 6 persons maximum designed capacity. (ii) school 1 space for each classroom. 1 i SPECIAL CONDITION 13 (added by By-law 81-84) The lands shown on Schedule "A" cross-hatched and marked with the Figure 13 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of the SPECIAL CONDITION shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The area subject to this SPECIAL CONDITION is Block "F" of Registered Plan 701, registered in the Registry Office for Durham West (No. 10) , January 3, 1973. 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 other purpose except: - an existing 18 unit townhouse development.. 1.3 Zone Provisions �.( (i) Lot Area (minimum) . .67 ha (ii) Lot Frontage (minimum) 13.5 metres (iii) Front Yard (minimum) 25.0 metres (iv) Interior Side Yard (minimum) 15.0 metres (v) Rear Yard (minimum) 7.5 metres (vi) Building Height (maximum) 7.5 metres (vii) Number of Units (maximum) 18 units (viii) Lot Coverage 15.5% I SPECIAL CONDITION 14 (Added by By-law 81-70) Those parcels of land in part of Lots 9 and 10, Broken Front Concession. as shown on Schedule "A" to this By-law 81-70 cross-hatched and marked with the figure 14 encircled, are outlined on Schedule "B" to this By-law 81-70 and identified as Blocks 1 and 2 shall be subject to the provisions hereinafter set out and any other provisions of By-law 1587, then the provisions of this "SPECIAL CONDITION" will apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The areas subject to this Special Condition are shown cross-hatched with the figure 14 encircled on the attached Schedule "A" to this By-law 81-70 and outlined and identified as Blocks 1 and 2 on the attached Schedule 'B' to this By-law 81-70. 1.2 Block 1 W Definitions For the purposes of this Special Condition: (a) "SEASONAL MARINE ACCOMMODATION UNIT" shall mean a room or a group of rooms within a building or connected buildings used, or designed, or intended to be used as seasonal house keeping units on a rental basis in association with the existing marina and hotel facilities and not intended as year round permanent residences. (ii) Permitted Uses No person shall use any of the lands within Block 1, or erect, alter or use any building or structure on such lands for any purpose except in accordance with the following provisions: - seasonal marine accommodation units associated with the existing hotel - recreation facilities and areas accessory thereto - boat moorings - boat launching ramps I - 2 - SPECIAL CONDITION 14 (Continued) I (iii) Zone Provisions (a) Lot Area (minimum) 0.4 hectares (b) Lot Frontage (minimum) Public Street 30.0 metres Waterfront 45.5 metres (c) Front Yard (minimum) 6.0 metres (d) Side Yard (minimum) 15.0 metres (e) Rear Yard (minimum) 6.0 metres from shore- line (f) Building Height (maximum) 10.5 metres (g) Floor Area Per Unit (minimum) 115.0 square metres (h) Lot Coverage (maximum) Accommodation Units & Accessory Uses 35% (i) Landscaped Area (minimum) 25% (j) Parking Spaces (minimum) 2 spaces per unit L 1.3 Block 2 (i) Definitions For the purposes of this Special Condition: (a) "BOAT STORAGE AREA" means an enclosed area which may contain buildings or structures and which is used for the storage, maintenance and repair of pleasure boats and appurtenant equipment. (ii) Permitted Uses No person shall use any of the lands identified as Block 2 in the defined area, or erect, alter, or use any building or structure on such lands for any purpose except in accordance with the following provisions : - boat storage area - buildings or structures accessory thereto. i 3 - SPECIAL CONDITION 14 (Continued) Zone Provisions (a) Lot Area (minimum) 1.2 hectarces (b) Lot Frontage (minimum) 97.0 metres (c) Width of Access Lanes (minimum) 6.0 metres (d) Maximum Capacity of Boat Storage Area 300 boats (e) No open boat storage shall be permitted within 1.2 metres of any property boundary. (f) No buildings shall be permitted except in accordance with the following: i) Front Yard (minimum) 7.5 metres ii) Side Yards (minimum) 6.0 metres iii) Rear Yard (minimum) 6.0 metres l iv) Building Height (maximum) 10.0 metres l SPECIAL CONDITION 15 (Added by By-law 80-57) The lands shown on Schedule "A" cross-hatched and marked with the figure 15 encircled shall be subject to the special regulations herein- after contained and where there is any conflict between the regulations hereinafter set out any provision of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 15 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: a law office. 1.3 Zone Provisions (i) Lot Area (minimum) 400.0 square metres (ii) Lot Frontage (minimum) 15.0 metres (iii) Front Yard (minimum) 2.0 metres (iv) Side Yard (minimum) 1.8 metres (v) Rear Yard (minimum) 10.0 metres (vi) Building Height (maximum) 10.5 metres (vii) Parking Spaces (minimum) One space for each 27.9 square metre or fraction thereof of ground floor area plus one space for each 69. 7 square metre or fraction thereof remaining gross floor area. i SPECIAL CONDITION 16 (Added by B/L 81-172) The lands shown on Schedule 'A' cross-hatched and marked with the figure 16 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, as amended, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 16 encircled on 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: - one single family dwelling - uses, buildings and structures accessory thereto. 1 .3 Zone Provisions M Lot Area (minimum) 1317.0 square metres (ii ) Lot Frontage (minimum) 30.5. metres (iii ) Front Yard (minimum) (a) Single Family Dwelling 6.0 metres (b) Accessory Building or Structure 27.5 metres (iv) Side Yard (minimum) (a) Single Family Dwelling 10.5 metres (b) Accessory Building or Structure 5.0 metres (v) Rear Yard (minimum) (a) Single Family Dwelling 24.5 metres (b) Accessory Building or Structure 6.0 metres (vi ) Building Height (maximum) 10.5 metres (vii ) Lot Coverage (maximum) 10% 1 .4 Frontage on Private Road Notwithstanding any provision of this By-law to the contrary, the lands within the "Defined Area" shall be considered a "lot", as defined in By-law 1587, notwithstanding the fact that the lands do not have frontage on a public highway. I SPECIAL CONDITION 17 (added by By-law 80-100)(amended by B/L 83-125) The lands shown on Schedule "A" cross-hatched and marked with the figure 17 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of the Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 17 encirculed on the attached Schedule "A" hereto. 1.2 Permitted Uses t 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 pur- pose except one or more of the following uses, namely: Business offices 1.3 Zone Provisions I (i) Lot Area (minimum) 515 sq. metres i (ii) Lot Frontage (minimum) 20 metres (iii) Front Yard (minimum) ­ 2.5 metres (iv) Interior Side Yard (minimum) (5.0 metres) (v) Experior Side Yard (minimum) 1.8 metres (vi) Rear Yard (minimum) 7.0 metres (vii) Building Height (maximum) 10.5 metres l f 2 (viii) Parking Spaces (minimum) on space for each 27.5 square metres or fraction thereof of ground floor area plus one space for each 70 square metres or fracti.oi thereof remaining gross floor area. (ix) Landscaped Areas (minimum) 25% (x) Floor Area (maximum) (155.0 square feet) �I SPECIAL CONDITION 18 (added by By-Law 81-79) The lands shown on Schedule "A" cross-hatched and marked with the figure 18 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out any provision of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 18 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: - one single family dwelling - buildings and structures accessory thereto. 1.3 Regulations for Dwellings (i) Lot Area (minimum 3200.0 square metres (ii) Lot Frontage (minimum) 40.0 metres (iii) Lot Coverage (maximum) 20% (iv) Front Yard (minimum) 12.5 metres (v) Side Yard (minimum) 3.0 metres (vi) Rear Yard (minimum) 15.0 metres (vii) Building Height (.maximum) 10.0 metres (viii) Floor Area (minimum) a) one storey 90.0 square metres b) 12 storey or splitlevel 110.0 square metres c) 2 or 22 storey 130.0 square metres Where no basement or cellar is provided, the applicable minimum floor area shall be increased by 20 square metres. (ix) No openings, doors, windows or otherwise, shall be permitted within a dwelling below an elevation of 78. 7 metres C.G.D. 2 - SPECIAL CONDITION 18 (Continued f 1.4 Regulations for Accessory Buildings (a) (i) No accessory building shall be located within 3.0 metres of a side or rear lot line. (ii) No accessory building shall be located within a front yard. (b) Maximum lot coverage shall not exceed five (5) percent, provided that the lot coverage of all buildings on the lot does not exceed the maximum lot coverage for a dwelling in subsection (iii) of section 1.3 hereof. SPECIAL CONDITION 19 (added by B/L 81-99) That parcel of land in part of Lot 9, Broken Front Concession as shown on Schedule "A" to this By-law 81-99 cross-hatched and marked with the Figure 19 encircled shall be subject to the provisions hereinafter contained and where there is any conflict between the provisions hereinafter set out and any other provisions of By-law 1587, as amended, then the provision of this Special Condition will apply, but in all other respects and provisions of By-law 1587, as amended, shall apply. 1. 1 Defined Area The area subject to this special condition is shown cross hatched with the Figure 19 encircled on the attached Schedule "A" to this By-law 81-99. 1.2 Definitions For the purposes of this special condition a) BOAT REPAIR SHOP shall mean a building or structure wherein pleasure boats, yachts and appurtenant equip- ment are repaired, maintained or constructed. b) BOAT STORAGE AREA shall mean an enclosed area which may contain buildings or structures and which is used for the outside storage maintenance and/or repair of pleasure boats, yachts and appurtenant equipment. 1.3 Permitted Uses No person shall use any of the lands or erect, alter or use any building or structure on such land for any purpose except in accordance with the following provisions: - a boat repair shop i - a boat storage area - 2 - 1.4 Zone Provisions (a) Lot Area (minimum) 1 hectare (b) Lot Frontage (minimum) 75 metres (c) Front Yard (minimum) 30 metres (d) Side Yard (minimum) 14 metres (e) Rear Yard (minimum) 8 metres (f) Building Height (maximum) 10.5 metres (g) Lot Coverage (maximum) Boat repair shop 30% Boat storage area 35% (h) Landscaped Area (minimum) 10% (i) Parking Spaces (minimum) 1 space for each 75 sq. metres of gross floor area. �{ (j) No open storage shall be permitted within 1.2 metres of any property boundary. SPECIAL CONDITION 20 (Added by B/L 81-152 ) These lands as shown on Schedule "A" cross-hatched and marked "Special Condition 20" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The areas subject to this Special Condition are shown cross-hatched with the figure 20 encircled on the attached Schedule "A" hereto. 1 .2 DEFINITIONS "Group Home" - shall mean a single housekeeping unit in a one-family detached dwelling in which three to ten residents, excluding staff and/or the receiving family, live as a family under responsible supervision, consistent with the requirements of the residents. Group Homes shall be licenced and/or approved under Provincial Statutes and shall not be permitted to locate within 300 metres of another Group Home. Furthermore, only one group home housing elementary or junior high school aged children may be located within the area served by any public elementary or junior high school. 1 .3 PERMITTED USES In addition to those uses permitted by By-law 1587, as amended, a "Group Home" shall also be a permitted use on those lands subject to Special Condition 20 and shall be used in accordance with the applicable zoning provisions with the exception that "Group Homes" located within a commercial zone designation shall be used in accordance with the zone provisions of the "Single Family Residential "R1 " zone. SPECIAL CONDITION 21 (added by B/L 82-109) f Those parcels of land in part of Lot 10, Concession 1 , as shown on Schedule 'A' cross-hatched and marked with the figure 21 encircled shall be subject to the provisions hereinafter contained and where there is any conflict between the provisions hereinafter set out and the provisions of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 21 encircled on the attached Schedule 'A' hereto. 1 .2 Permitted Uses No person shall use any of the lands within the defined area or erect, alter or use any building or structure on such lands except for one or more of the following uses; namely: - an one hundred and seventeen unit apartment building 1 .3 Zone Provisions No person shall use any of the lands within the defined area, or erect, alter or use any building or structure on such lands for any i purpose except in accordance with the following provisions : a Lot Area (minimum) 1 .0 hectares b Lot Frontage (minimum) 50.0 metres c) Front Yard (minimum) 50.0 metres d Interior Side Yard (minimum) 6.0 metres e Exterior Side Yard (minimum) 50.0 metres f) Rear Yard (minimum) 6.0 metres g) Minimum Floor Area Per Dwelling Unit i) Bachelor dwelling unit 40.5 sq. metres ii ) One bedroom dwelling unit 55.5 sq. metres iii) Two bedroom dwelling unit 70.0 sq. metres iv) Three bedroom dwelling unit 80.0 sq. metres v) Dwelling containing more than three bedrooms 85.0 sq. metres, plus an additional 7.0 sq. metres for each bedroom in excess of 4. h) Lot Coverage (maximum) 20% i ) Height (maximum) 20.0 metres j) Landscaped Area (minimum) 25% k) Play Area: One play area having a minimum area of not less than 35.0 sq. metres shall be provided and maintained on the same lot upon which the principal use is located. 1 SPECIAL CONDITION 21 (Cont'd) 1 ) Parking: Notwithstanding the provisions of Secton 7.16 hereof, off-street parking facilities shall be provided and maintained on the same lot, upon which the principal use is located, at a ratio of 1 .3 parking spaces per dwelling unit. m) Basement or Cellar: Notwithstanding Section 7.15 hereof to the contrary, dwelling units may be permitted within that part of the building which is located partially below the finished grade of the lot adjacent to the exterior walls of the building provided that at least half of the distance between finished floor and finished ceiling of the units is located above the finished grade adjacent to the exterior walls. i SPECIAL CONDITION 22 (Added by B/L 82-80) Those parcels of land in part of Lot 13, Concession 2, shall be subject to the provisions hereinafter contained and where there is any conflict between the provisions hereinafter set out and any other provisions of By-law 1587, then the provisions of this Special Condition will apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The areas subject to this Special Condition are shown cross-hatched with the figure "22" encircled on the attached Schedule "A" to this, By-law 82-80 and outlined and identified as Blocks 1 , 2 and 3 on the attached Schedule "B" to this By-law 82-80. 1 .2 Definitions For the purpose of this Special Condition a) "Building industrial" shall mean a building which is used for industrial purposes such as manufacturing, processing, storage and uses accessory thereto. b) "Bulk Storage Tank" shall mean a tank for bulk storage of petroleum and petroleum products, but shall not include a storage tank which is accessory to another use on the lot where such tank is located or used for storage of hazardous or corrosive chemicals, gases or similar substances. c) "Foundry" an industrial building the primary use of which is casting metals. d) "Industry, dry light" shall mean an industry which is not offensive or likely to be offensive by reason of the amount of noise, smoke, odour or vibration produced therein and may include an assembly, manufacturing or processing plant which does not require water consumption or water use as part of the industrial process and may also include an equipment storage building and a warehouse. e) "Open storage .area" shall mean land used for the outside storage of goods, equipment or materials normally accessory to a permitted use and shall not include; a storage use located within a building; a salvage yard; a parking area; a loading space; or a parking space. 1 .3 Permitted Uses a) No person shall use any of the lands within Block 1 or erect, alter or use any building or structure on such lands for any purpose except one or more of the following: (i ) An existing bulk fuel storage tank; (ii ) Uses accessory to a permitted use. SPECIAL CONDITION 22 (Added by B/L 82-80) Cont'd b) No person shall use any of the lands within Block 2 or erect, alter or use any building or structure on such lands for any purpose except one or more of the following: (i ) Foundry; (ii ) Accessory uses to a permitted use; (iii ) Open storage accessory to a permitted use. c) No person shall use any of the lands within Block 3 or erect, alter or use any building or structure on such lands for any purpose except one or more of the following: (i ) A dry light industrial use housed within an existing industrial building; (ii ) Uses accessory to a permitted use; (iii ) Open storage accessory to a permitted use. 1 .4 Zone Provisions a) Lot Area, Minimum H ) Block 1 - 0.15 hectares (ii ) Block 2 - 0.5 hectares (iii ) Block 3 - 1 .0 hectares b) Lot Frontage, Minimum 1 H) 15.0 metres c) Front Yard, Minimum H )) 7..5 metres d) Sideyard, Minimum H ) adjacent to a residential lot or zone 7.5 metres (ii ) adjacent to an industrial lot or zone 5.0 metres e) Rear Yard, Minimum M 7.5 metres f) Parking H ) 1 space per each 70 square metres of gross floor area g) Offstreet Loading H ) in accordance with Section 7.17 of By-law 1587, as amended. SPECIAL CONDITION 23 (Added by B/L 83-37) f Those parcels of lands in part of Lot 11 , Concession 2, as shown on Schedule "A" cross-hatched and marked with the figure "23" encircled shall be subject to the provisions hereinafter contained and where there is any conflict between the provisions hereinafter set out and the provisions of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure "23" encircled on the attached Schedule "A" hereto. 1 .2 Permitted Uses No person shall use any of the lands within 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: - one single family detached dwelling per lot, connected to a municipal water supply and municipal sanitary sewage disposal systems. - uses , buildings and structures accessory to the principal use on the lot. 1 .3 Zone Provisions (a) Lot Area (minimum) 700 sq. metres (b) Lot Frontage (minimum) 14.0 metres (c) Front Yard (minimum) 6.0 metres (d) Interior Side Yard - minimum width shall be 2.0 metres on one side, 1 .2 metres on the other side, plus 0.6 metres 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, the minimum width of the interior side yard shall be 1 .5 metres plus 0.6 metres for each additional or partial storey above the first. (e) Exterior Sideyard (minimum) 14.0 metres (f) Rear Yard (minimum) 10.0 metres (g) Minimum Dwelling Unit Area Requirements - one storey or split level single detached dwelling 85.0 sq. metres - one and one-half storey or two storey single detached dwelling 110.0 sq. metres (h) Maximum Lot Coverage of All Buildings 40 Per Cent (i ) Maximum Height of Buildings 10.0 metres (j) Minimum Setback from the centreline of ( the Canadian National Railway Right of Way to the nearest point of any single detached dwelling 53.3 metres i SPECIAL CONDITION 24 (Added by B/L 82-54) The lands shown on Schedule "A" cross-hatched and marked with the figure 24 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of the SPECIAL CONDITION shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure "24" encircled on the attached Schedule "A" hereto. 1 .2 Permitted Uses No person shall use any of the lands or erect, alter or use any building or structure on such land for any purpose except in accordance with the following provisions: - a veterinary clinic and animal hospital for the treatment of animals 1 .3 Zone Provisions a) Lot Area (minimum) 873.0 square metres b) Lot Frontage (minimum) 13.0 metres c) Front Yard (minimum) 6.0 metres d) Side Yard (minimum) 20 metres e) Rear Yard (minimum) 30.0 metres f) Building Height (maximum) 10.5 metres g) Floor Area (minimum) 138.0 square metres h) Lot Coverage (maximum) 23% i ) Parking Spaces (minimum) 4 spaces for each practising veterinarian SPECIAL CONDITION 25 (added by B/L 82-66) That parcel of land in Part of Lot 11 , Concession 1 as shown on Schedule "A" to this By-law 82-66, cross-hatched and marked "SPECIAL CONDITION 25" shall be subject to the provisons hereinafter contained and where there is any conflict between the provisions hereinafter set out and any other provisions of By-law 1587, as amended, then the provisions of By-law 1587, as amended, shall apply. 1 .1 Defined Area The area subject to this SPECIAL CONDITION is shown cross-hatched with the Figure "25" encircled on the attached Schedule "A" to this By-law 82-66. 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 for any purpose except one or more of the following uses: - A Senior Citizen Apartment Building and uses, buildings and structures accessory thereto. 1 .3 Zone Provisions ( i ) Lot Area (minimum) 0.5 hectares ii ) Lot Frontage (minimum) 45.0 metres iii ) Front Yard (minimum) 7.5 metres iv) Interior Side Yard (minimum) 3.0 metres V) Rear Yard (minimum) 4.5 metres vi ) Dwelling Unit Area (minimum) a) dwelling unit containing one bedroom 40.0 square metres b) dwelling unit containing two bedrooms 55.0 square metres vii ) Maximum Number of Units 55 Units viii ) Building Height (maximum) 10.5 metres ix) Parking Spaces (minimum) .25 spaces per dwelling unit i ( SPECIAL CONDITION 26 (Added by B/L 83-160) These lands as shown on Schedule. "A" cross-hatched and marked "SPECIAL CONDITION 26" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provisions of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The areas subject to this Special Condition are shown cross-hatched with the figure "7.6" encircled on the attached Schedule "A" hereto. 1 .2 DEFINITIONS Motor Vehicle Gasoline Bar Shall mean one or more pump islands, each consisting of one or more gasoline pumps, and a shelter or office having a floor area not greater than 55 square metres. This definition does not include facilities for the changing of oil , greasing or lubricating of motor vehicles, but does include the sale of automotive accessories such as oil , antifreeze, fuel additives and similar products. 1 .3 PERMITTED USES (i ) a Motor Vehicle Gasoline Bar (ii ) the sale of cigarettes, confectionary items, sundry foods, and promotional items; but not to include facilities for the preparation of foods . (added by B/L 83-166) 1 .4 ZONE PROVISIONS (i ) Minimum Lot Area 0.3 ha (ii ) Minimum Lot Frontage 40 metres (iii ) Minimum Front Yard 30 metres (iv) Minimum Exterior Side Yard 20 metres (v) Minimum Interior Side Yard 10 metres (vi ) Minimum Rear Yard 50 metres (vii ) Maximum Height 5 metres SPECIAL CONDITION 27 (Added by B/L 84-24) The lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 27" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1.1 DEFINED AREA The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure 27 encircled on the attached Schedule "A" hereto. 1.2 DEFINITIONS Eating Establishment Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises; and includes a restaurant, dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop; snack bar or refreshment room or stand; but does not include a boarding or lodging home. Eating Establishment, Take Out Shall mean a bu—MUTing or part of a building where food is offered for sale or sold to the public for consumption primarily off the premises. 1.3 PERMITTED USES No person shall use any of the lands or erect, alter or use any building or structure on such land for any purpose except for one or more of the following uses : (i ) Eating Establishment (ii) Eating Establishment, Take Out 1.4 ZONE PROVISIONS (i ) Lot Area (minimum) 900 square metres (ii ) Lot Frontage (minimum) 15 metres (iii) Front Yard (minimum) 2.0 metres (iv) Side Yard (minimum) 1 .25 metres (v) Rear Yard (minimum) 25.0 metres (vi) Building Height (maximum) 10.5 metres (vii) Lot Coverage (maximum) 20 percent (viii ) Landscaped Open Space (minimum) 15 percent (ix) Off-street Parking Requirements (minimum) - one for each 7 square metres of total floor area accessible to the public i SPECIAL CONDITION 28 (added by By-law 83-108) The lands shown on Schedule "A" cross-hatched and marked with the figure 28 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of the Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The area subject to this Special Condition is shown cross-hatched with the 'figure 28 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: (i ) Business Offices 1 .3 ZONE PROVISIONS ( (i ) Lot Area (minimum) 1000 sq. metres ( (ii ) Lot Frontage (minimum) 20 metres (iii ) Front Yard (minimum) 3.8 metres (iv) Interior Side Yard (minimum) 4.0 metres (v) Exterior Side Yard (minimum) .620 metres (vi ) Rear Yard (minimum) 25 metres (vii ) Building Height (maximum) 10.5 metres (viii ) Parking Spaces (minimum One space for each 27.5 square metres of fraction thereof of ground floor area plus one space for each 70 square metres or fraction thereof remain- ing gross floor area. (ix) Landscaped Areas (minimum) 20% (x) Floor Area, Ground (maximum) 230 sq. metres SPECIAL CONDITION 29 (Added by B/L 83-53) Those lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 29" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provisions of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The areas subject to this SPECIAL CONDITION are shown cross-hatched with the figure 29 encircled on the attached Schedule "A" hereto. 1 .2 PERMITTED USES (i ) Nursing Home as defined by the Nursing Home Act, as amended. 1 .3 ZONE PROVISIONS i ) Minimum Lot Area 0.5 hectares ii ) Minimum Lot Frontage 70.0 metres iii ) Minimum Front Yard 15.24 metres iv) Minimum Interior Sideyard 6.1 metres v) Minimum Rear Yard 10.5 metres vi ) Maximum Height 10.5 metres vii ) Minimum Landscaped Area 20% viii ) Parking Space Requirements One (1 ) Parking Space for each five (5) beds or fraction thereof. ix) For the purposes of this SPECIAL CONDITION, a "LOT" shall be defined as all of those lands identified as "SPECIAL CONDITION 29" on the attached Schedule "A" hereto. i i SPECIAL CONDITION 30 (Added by B/L 83-59) Those lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 30" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but In all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The area subject to this SPECIAL CONDITION are shown cross-hatched with the figure 30 encircled on the attached Schedule "A" hereto. 1 .2 DEFINITIONS Factory Outlet Shall mean a building or part of a building where the products manufactured by the industry are kept for wholesale or retail sale, and shall not exceed fifteen percent (15%) of the gross floor area of the building or portion of the building within which the permitted industrial use is located. i 1 .3 PERMITTED USES (i ) a Factory Outlet shall be permitted in addition to the uses permitted within the M-1 Industrial Zone. 1 .4 ZONE PROVISIONS The zone provisions of the M-1 Industrial Zone shall apply to the lands shown as "SPECIAL CONDITION 30" on Schedule "A" hereto. i SPECIAL CONDITION 31 (Added by By-law 83-111 ) Those lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 31 " shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The area subject to this SPECIAL .CONDITION are shown cross-hatched with the figure 31 encircled on the attached Schedule "A" hereto. 1 .2 PERMITTED USES (i ) a church 1 .3 ZONE PROVISIONS (i ) Minimum Lot Area 5.0 ha (ii ) Minimum Lot Frontage 100 m (iii ) Minimum Front Yard 30 m (iv) Minimum Exterior Side Yard 30 m ( (v) Minimum Interior Side Yard 50 m ( (vi ) Minimum Rear Yard 200 m (vii ) Maximum Height 10.5 m (viii ) Minimum Landscaped Open Space 20% (ix) Parking Space Requirement The greater of: (a) one parking space per five fixed seats or three metres of bench seating or portion thereof; or (b) one parking space per nine squar.e metres of gross floor area; or (c) one parking space for each four persons that may be legally accommodated at any one time. SPECIAL CONDITION 32 (added by By-law 84-14) Those lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 32" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. The zone designations cited herein, refer to the zone designations identified on Schedule "X-1 " hereto. 1 .1 DEFINED AREA The area subject to this SPECIAL CONDITION are shown cross-hatched with the figure 32 encircled on the attached Schedule "A" hereto. 1 .2 DEFINITIONS (a) Building: - shall mean a structure, temporary or permanent , having a roof supported by columns or one or more walls which is used for the shelter, accommodation, or enclosure of persons, animals, equipment, goods or materials. Any tent, canopy, bin , bunk, or platform, vessel , vehicle or trailer used for any of the said purposes shall be deemed a building. (b) Dwelling, Semi-detached: - shall mean a building divided vertically into two separate dwelling units, each of which has an independent entrance directly from the outside of such building. (c) Dwelling, Single-detached: - shall mean a completely detached building containing one dwelling unit and occupied by not more than one family. (d). Lot : - shall mean a parcel or tract of land described in a deed, or other legal document, the title to which is legally conveyable. (e) Park, Public: - shall mean a lot or block of land owned or controlled by a public authority, the main use of which shall be for recreational activities and which may include its use as a playground, or play field, including athletic fields, aquatic . facilities, gardens, landscaped areas , and any buildings, the purpose of which shall be for recreation or a use accessory to a recreational use. r 2 - (f) Park, Greenbelt : - shall mean a lot or block of land, the main purpose of which shall be the protection of open space areas and natural watercourses and which may also be used for recreational activities, including playing and athletic fields, but excluding any buildings or structures. 1 .3 PERMITTED USES (a) Urban Residential Type One (Rl ) Zone - single detached dwellings - semi-detached dwellings - public parks (b) Environmental Protection (EP) Zone - conservation area - reforestration or forestry areas - bird or wildlife sanctuary - greenbelt parks - stormwater, flood and erosion control facilities 1 .4 ZONE PROVISIONS (a) Urban Residential Type One (1 ) Zone (i ) Lot Area (minimum) - Single Detached 465 square metres - Semi-Detached 550 square metres (ii ) Lot Frontage (minimum) - Single Detached (interior lot) 15 metres - Single Detached (corner lot) 18 metres - Semi-Detached (interior lot) 18 metres - Semi-Detached (corner lot) 20 metres (iii ) Yard Requirements (minimum) - Front Yard 6 metres - Exterior Side Yard 6 metres - Interior Side Yard 1 .25 metres - provided that where an attached garage or car port is not provided, the minimum interior side yard on one side shall be 4.5 metres - Rear Yard 10 metres (iv) Dwelling Unit Area (minimum) - Single Detached Dwellings One (1 ) Storey or Split Level 85 square metres - One and One-half Storey or Two (2) Storey 110 square metres - Semi-Detached 80 square metres - 3 - (v) Lot Coverage (maximum) - Single Detached 40 percent - Semi-Detached 45 percent (vi ) Landscaped Open Space (minimum) 30 percent (vii ) Building Height (maximum) 10 metres (viii ) Special Yard Provision Semi -Detached Dwelling - Notwithstanding the interior side yard requirements above where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between such dwelling units shall not be less than 1 .25 metres. (ix) No buildings or structures may be erected and no use may be established in the Urban Residential type one '(R1 ) Zone unless the lot upon which it is situated is serviced by municipal sewage and water systems which have sufficient capacity to accommodate the proposed use. f I SPECIAL CONDITION 33 (added by B/L 84-79) The lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 33" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1.1 DEFINED AREA The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure 33 encircled on the attached Schedule "A" hereto. 1.2 DEFINITIONS Eating Establishment Shali mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises ; and includes a restaurant, dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand; but does not include a. boarding or lodging home. Eating Establishment, Take Out Shall mean a building or part of a building where food is offered for sale or sold to the public for consumption primarily off the premises. ( 1.3 PERMITTED USES No person shall use any of the lands or erect, alter or use any building or structure on such land for any purpose except for one or more of the following uses : a) Block 1 (i Eating Establishment (ii � Eating Establishment, Take Out b) Block 2 No person shall use, erect , place or alter any building, structure, septic tank, or tile bed on, or alter any lands within that area defined as Block 2, save and except for flood and erosion control works. 1.4 ZONE PROVISIONS - Block 1 (i Front Yard (minimum) 6.0 metres (ii Exterior Side Yard (minimum) 6.0 metres (iii Building Setback from Block 2 (minimum) 10.0 metres (iv) Building Height (maximum) 10.5 metres (v) Lot Coverage (maximum) 75 percent (vi ) Landscaped Open Space (minimum) 15 percent (vii ) Off-street Parking Requirements (minimum) - one for each 7 square metres of total floor area accessible to the public IRD LINE ROAD W � W U I� CONCESSION ROAD Hhy No 2 Z . m J BASE LINE ROAD Hwy. N0. 401 LAKE ONTARIO A A A A f R A LOT 't3 LOT t2 - -L01 lFl - I-1 0 A 0 R R D A 0 0 A D R v ew Blvd. 0 R UR R a R z AR R n 0 M R _ S Cond�ifbn 0 ., R ou ur 2 °v R R e o R R R R R R Special R Conditio s R R R R R 'O C R- R 23 R our R R R R : R 0 0 R. t R -R 22 �R 0 R R' R R R oncess' n ree Includes amendments: 72-31 D Zone 73-25 BOWMANVILLE CREEK 3 $00 400 0 400 800 A to. 0 T3-44 RE Zone: Special Condition 2 Scale in feet 76-22 I1:Durham Ctitistion High-,School TT-5 Zone change to R- Jackman f31�1 Rd. ��� ' 79-100 RE done: Special.Condition li 82-80 Special Condition 22 83-37 Special Condition 23 ThYd 0 ' I A A A 0 0 LOT 10 LOT 9 L T A A-2 n 3 zz N A R M-1 A 0 0 0 z N 0 w w R n 0 -I 0 I D R M-I A 0 R R D R Im o A A N R iol ition EA-I L-2 4 R ' re Includes amendments: 72 31 V&IRS Zones ( 76-70 A-1 Zone Nursery School 4 800 400 0 400 800 7T- 8 I-2 Zone 77-39 0-Special Condition 4 83-86 Zone change to 'A-2'and '0-3' Scale In feet MAP 2 - a RE 0 R R R R R R Spec alb dition + y ol R 0 as R R R t. t ndsr 140. 2 i R R R R D C R R Liberty Place,m R ��. �;r' _ -. ""' y�e�f'"�•-y -�" .. } _ ,..�.r ,z .�. ,5`'�`a..�'''an:;k� �� +•r•}�. ;y r.�"x:•r+y, -� R. C R TS' R C R 3 o. 0 R C C R ` R _ z R R R I M r R C .q R II C R R R x ° C C ° R R ; er C Special R R R R I 0 Condition R2 R' R-2 M-2 R R ° R-2 C-3 R I R t R M-2 ' R-2 R- R s r 0-2 s� '' ;R. >.KR-2 R— R ° R R R-2 RM--1 v ' RM-1• m—2 R R R-2 N OC on o: 3 0 R R2 R-2 R i up R - ° R:2 0 0 M-2 S R R R-2 A R-2 Condi n mu- ® R h-2 R R-2 R-2 0 0 t. J. 9..1, I I -M-1 A 6 A LOT 12 LOT 11 R C Mase Line oa LOT 14 LOT 13 Includes amendments: 72-31 D Zone , 72-32 Waverly Rd. 5 800 400 9, 400 ,600 73-26 Base' Line Rd. MI to A mm ' 75-66 CRD Zone-King St Scale in feet 74-73 RE Zone=Concession St. 77-80 Special Condition ,6 78-23 Zone change to C 80-57 Special Condition 15 MAP 81-152 Special Condition 20. 3 82-54 Special Condition 24 82-66 Special'Condition 25 82-160 Special Condition 26 83-111 Special Condition 31 84.79 Special Condition 33 r • �� • A vs a a v. •, i0 LOT 8 Special Cordtio mom ®®� � • - ice' � �, r •• �. rw A 3 - i A o LOT 14 LOT 13 L OT 12 M-1 C w g A ti 401 l ighvmy A `Y y+•;; 3 _tfr.-'+�-}?yam,.,.*�:v _. :£'�\"'�'.:..�" '�`'; .`7 _'yam ,. � r_ .:�r �� :i:. .. _ - ..--. _ 0 ' 0 0 0 m O I z II 0 I I 6 8 z M.1 z or LOT 11 �° 0 A A A A LAKE ONTARIO 80.0 400 0 400 800 81-172 Special Provision 16 Scale in feet MAP 5 M-1 0 M-1 M4 M-I Specktt ti T 1. m r 4.01 Hl _ � s A:' '`'k:ice` ,.. �` �;�•-.s ., .,.,:,. 1... .�l;y;�.. - �..-.�f�,�,s, .: $r.: - ..:e; �� � — - 0 11 0 � t - M-1 M-1 M=1 M-1 1 f,t 10 ' M-I Y I 110 11 - - 5 I M-1 M4 10 Y+� 10 0 M-1 z _Q i t LOT 10 8 1 BL1l" ;r G L_OT' M 1 BLOaOCK - _ ? 1 '0 o A q �1 A ? r q LAKE -ONTARIO Includes amendments; TI-36 :Marine CoinKWdTai 7846 Special Co-41410 r 7 78-74 Special Condkion 8 81-70 Special Cortdttion 14 81-79 Special Conditioal:l8 : ' 4 0 400 800 81-99 Special Condition l4 83-59 Special Condition 30 Soule in`foil-' MAP 6