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1 B LAW 159
as amended of the former
Township of Clarke
now in the
Town of Newcastle
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OFFICE CONSOLIDATION
Prepared by the
Town of Newcastle
Planning & Development Dept ,
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JUNE 1981
$ 8 .00
THE CORPORATION
OF THE
T O W N S H I P O F C L A R K E
BY-LAW NO . 1592
( amended by By-law 1653 )
CONSOLIDATED OFFICE COPY
This edition is prepared for the purposes of
convenience only. For accurate reference,
recourse should be made to the original By-law.
BY-LAW HISTORY
BY-LAW BY-LAW AMENDED (A) DATED PASSED DATE APPROVED
NUMBER or REPEALED (R) BY COUNCIL BY O.M.B.
1592 May 23, 1968 March 9, 1970
1613 1613 (A) Dec. 13, 1968 March 9, 1970
1653 1653 (A) Nov. 4, 1969 March 9, 1970
1694 1653 (A) Feb. 2, 1971
1719 1653 (A) Oct. 19, 1971 Jan. 17, 1972
1729 1653 (A) March 7, 1972 Jan. 12, 1973
1730 1653 (A) March 7, 1972 Jan. 12, 1973
1734 1653 (A) June 20, 1972 Repealed by 1761
1737 1653 (A) Aug. 1, 1972 Jan. 5, 1973
1738 1653 (A) Aug. 15, 1972
1747 1653 (A) March 20, 1973 July 9, 1973
1752 1653 (A) June 21, 1973
1753 1653 (A) July 3, 1973
1754 1653 (A) July 3, 1973
1756 1653 (A) Aug. 7, 1973
1759 1653 (A) Sept. 19, 1973
1760 1756 (A) Oct. 2, 1973
1764 1653 (A) Dec. 19, 1973
74-33 1592 (A) March 8, 1974
74-35 1694 (R) March 8, 1974
74-48 1592 (A) 1653 (A) May 6, 1974 file closed
74-74 1653 (A) Oct. 7, 1974 Mar. 13, 1975
75-4 1653 (A) Jan. 20, 1975 Apr. 29, 1977
75-77 1653 (A) Oct. 6, 1975 Apr. 23, 1976
75-98 1653 (A) Tabled Not submitted
2 -
BY-LAW BY-LAW AMENDED (A) DATE PASSED DATE APPROVED
NUMBER OR REPEALED (R) BY COUNCIL BY O.M.B.
76-8 1653 (A) Not passed Not submitted
76-21 1653 (A) Apr. 19, 1976 Sept. 28, 1976
76-51 1653 (A) Sept. 7, 1976 Jan. 4, 1977
76-57 1653 (A) Oct. 4, 1976 Mar. 1, 1977
76-69 1653 (A) Jan. 17, 1977 Jan. 18, 1978
77-17 1653 (A) Mar. 21, 1977 June 16, 1977
77-23 1653 (A) Apr. 5, 1977 May 30, 1977
77-29 1653 (A) May 21, 1977 July 15, 1977
77-38 1653 (A) June 6, 1977 Aug 5, 1977
77-51 1653 (A) July 4, 1977 Not approved
77-54 1653 (A) Not passed Not submitted
77-60 77-51 (R) Aug. 15, 1977 June 21, 1978
78-15 1653 (A) Mar. 13, 1978 May 24, 1978
78-24 77-17 (A) Apr. 7, 1978 Apr. 10, 1978
78-36 1653 (A) May 29, 1978 Aug. 1, 1978
78-42 1653 (A) May 29, 1978 Oct. 30, 1978
78-49 1653 (A) July 4, 1978 Aug. 22, 1978
78-60 1653 (A) July 17, 1978 May 3, 1979
78-72 1653 (A) Sept. 11, 1978 Jan. 30, 1979
78-88 1653 (A) Sept. 25, 1978 Dec. 18, 1978
78-89 1653 (A) Sept. 25, 1978 Oct. 30, 1978
79-89 1592 (A) Sept. 17, 1979 (Section 35 (10))
79-107 79-89 (R) Nov. 12, 1979 (Section 35 (10))
79-136 1592 Dec. 3, 1979 (-Section 35 (10)
79-150 1592 Dec. 17, 1979 June 16, 1980
80-23 79-150(A) Feb. 27, 1980 Apr. 12, 1980
- 3 -
BY-LAW BY-LAW AMENDED (A) DATE PASSED DATE APPROVED
NUMBER OR REPEALED (R) BY COUNCIL BY O.M.B.
79-106 1653 (A) Oct. 9, 1979 July 11, 1980
80-99 1653 (A) July 28, 1980 Sept. 11, 1980
(Sec. 35 (24) of
Planning Act)
80-113 1653(A) September 22, 1980 October 31, 1980
(Sec. 35 (24)
Planning Act)
81-36 1592 (A) March 23, 1981 May 20, 1981
THE CORPORATION OF THE TOWNSHIP OF CLARKE
BY-LAW NUMBER 1592
Being a By-law to regulate the use of land
and the character, location and use of build-
ings and structures in the Township of Clarke.
WHEREAS authority, is granted under Section 30 of the Planning Act,
R.S.O. 1960, subject to the approval of the Ontario Municipal Board,
to pass this By-law.
NOW THEREFORE the Council of the Corporation of the Township of
Clarke ENACTS as follows:
SECTION 1 - TITLE (added by By-law 1653, former Section deleted)
1.1 This By-lay may be cited as the "Zoning By-law."
1.2 Appendices 1 and 2 hereto annexed and the Zone Map
(comprising Map 1, 2 and 3) hereto annexed as Schedule
"A" are included in and form a part of this By-law.
SECTION 2 - DEFINITIONS (added by By-law 1653, former Section deleted)
2.1 For the purpose of this By-law the following words and phrases
shall have the meanings given below.
2.2 Accessory Building: means a detached building, the use
of which is incidental or secondary to that of the main
building and not used for human habitation, located on the
same lot with the main building and includes a private
garage.
2.3 Accessory Use: means a use customarily incidental and
subordinate to the principal use or building and located
on the same lot with such principal use or building.
2.4 Building Line: means a line within a lot drawn parallel
to a lot line and establishes the minimum distance between
that lot line and any building or structure, which may be
erected.
2.5 Building, Main: means a building in which the principal use
is conducted on a lot on which it is located. In the resi-
dential zone the dwelling is the main building.
2.6 Dwelling, Single Family: means a separate building contain-
ing only one dwelling unit.
2.7 Dwelling Unit: means one or more habitable rooms designed
for use by and occupied by not more than one family and in
which separate kitchen and sanitary facilities are provided
for the exclusive use of such a family and with a private
entrance from outside the building or from a common hall-
way or stairway inside the building; provided that a dwelling
unit shall not include a trailer or mobile home notwithstanding
that such trailer or mobile home is jacked-up or that its
running gear is removed, or that it is located on a founda-
tion.
2.8 Erect: when used in this By-law includes building, con-
struction, reconstruction and relocation and, without limit-
ing the generality of the word, also includes:
(a) any preliminary physical operation, such as excavating,
filling or draining;
(b) altering any existing building or structure by an
addition, enlargement, extension or other structural
change; and
(c) any work for the doing of which a building permit is
required under the Building By-law of the Corporation.
2.9 Family: means one or more persons living as a single
housekeeping unit in a dwelling unit and includes:
(1) Domestic servants
(2) Roomers or boarders - two only.
2.10 Farm: means general agricultural uses which are not
obnoxious to the public welfare including farm buildings,
field crops, dairy farming, gardening, nurseries, orchards,
kennels, forestry and the processing of forestry products,
fishing, trapping and seasonal fruit, vegetable, flower,
and farm produce sales outlets.
2.11 Floor Area: means, with reference to a dwelling, the total
floor area of all storeys or half storeys contained within the
exterior faces of the exterior walls of a building, but
excluding any private garage, breezeway, porch, verandah,
sunroom, attic, basement or cellar; provided that in the
case of a half storey the total floor area shall include
only that portion of the half storey in which there is
sufficient space to prarlde a height between finished floor
and finished ceiling of at least 7 feet 6 inches.
2.12 Height: means, when used with reference to a building,
the vertical distance between the surface of the ground
at the front of the building and
(1) in the case of a flat roof, the highest point of the
roof surface or the parapet, whichever is the greater,
(2) in the case of a mansard roof, the deck roof line, and,
(3) in the case of a gable, hip or gambrel roof, the mean
height between the eaves and ridge.
2.13 Industrial Building: means a building which is used for
industrial purposes such as manufacturing, processing, stor-
age and similar uses.
2.14 Lot: means a parcel of land, which fronts on a public high-
way which has been assumed for public use as a public highway,
whether or not such a parcel is described in a registered deed
or shown on a registered plan of subdivision, including any
of its parts which are subject to right-of-way or easement.
2.15 Lot Area: means the total horizontal area within the lot
lines of a lot. In the case of a corner lot having street
lines rounding at the corner with a radius of twenty feet
or less, the lot area of such lots shall be calculated as if
the lot lines were produced to their point of intersection.
2.16 Lot Coverage: means that percentage of the lot area
covered by buildings, including accessory buildings.
2.17 Lot Frontage: means the horizontal distance between the
side lot lines measured along the front lot line. Where
the front lot line is not a straight line, or where the
side lot lines are not parallel, the lot frontage shall
be measured along a line twenty-five feet back from and
parallel to the street line.
2.18 Lot Line: means any boundary of a lot or the vertical pro-
jection thereof.
2.19 Lot Line, Front: means the lot line that divides the lot
from the street, provided that in the case of a corner lot
the shorter lot line that abuts a street shall be deemed
to be the front lot line and the longer lot line that abuts
a street shall be deemed to be a side lot line.
2.20 Lot Line, Rear: means the lot line opposite the front lot
line.
2.21 Lot Line, Side: means a lot line other than a front or rear
lot line.
2.22 Obnoxious Use: means an offensive trade within the meaning
of The Public Health Act or any use which is offensive or
dangerous by reason of the emission of odour, smoke, dust,
noise, gas, fumes, vibration or refuse matter.
2.23 Public Garage: means and includes a building or place where
motor vehicles are hired or kept or used for hire, or where
such vehicles or gasoline or oils are stored or kept for sale,
or a building or place used as a motor vehicle repair shop
(but does not include an auto body repair shop) or for washing
or cleaning motor vehicles, but does not include any business
use otherwise defined or classified in this By-law.
2.24 Senior Citizens Row Dwelling House: means a group of 3 or
more attached dwelling units which are used exclusively by
persons 60 years of age and over.
(added by By-law 77-17)
2.25 Setback: means the horizontal distance from the centre line
of the street allowance, measured at right angles to such cen-
tre line, to the nearest part of any building or structure on
the lot.
2.26 Shooting Range: means an area including buildings and structures
used by an approved gun or revolver club for the purpose of carry-
ing on private shooting events wholly within such area. For
the purposes of this definition, "APPROVED" means approved by
the Attorney-General's Department of the Province of Ontario.
2.27 Yard: means an open, uncovered and unoccupied space
appurtenant to a building.
2.28 Yard, Front: means a yard extending across the full width
of a lot, on which a building is situate, and from the lot
line to the nearest main wall of the building or buildings
for which such front yard is required.
2.29 Yard, Rear: means a yard extending across the full width
of a lot, on which a building is situate, and from the rear
lot line to the nearest main wall of the building or build-
ings for which such rear yard is required.
2.30 Yard, Side: means a yard extending from the front yard to
the rear yard and from the side lot line to the nearest main
wall of the building or buildings for which such side yard
is required.
SECTION 3 - GENERAL PROVISIONS (added by By-law 1653, former Section
deleted)
3.1 Zones:
For the purpose of this By-law, the following zones are
established, as shown on Schedule "A".
Zone Zone Symbol
Residential R1
Rural Residential RR
Commercial C
Highway Commercial HC
Industrial M1
Open Space OS
Agriculture A
No person shall use land or erect or use a building or
structure except in accordance with the general and
special provisions of this By-law applying to the zone
in which the land, building or structure is, or is to be
located.
Where the zone symbol designating certain lands as shown on
Schedule "A" is followed by a dash and a number (for example
"A-1") , then special provisions in addition to the normal
zone restrictions, apply to such lands and such special pro-
visions will be found by reference to that section of the
By-law which deals with that particular zone. Lands designated
in this manner shall be subject to all the restrictions of the
zone except as otherwise provided by the special provisions.
The zone symbols listed above may be used to refer to build-
ings and structures, the uses of lots, buildings and structures
permitted by this By-law in the said zones, and whenever in this
By-law the word "Zone" is used, preceded by any of the said
symbols, such reference shall mean any area within the Township
within the scope of this By-law, delineated on Schedule "A"
and designated thereon by the said symbol.
3.2 Zone Boundaries:
Zone boundaries where possible, are construed to be lot lines,
street lines or boundaries of registered plans. In the case
where uncertainty exists as to the boundary of any zone then
the location of such boundary shall be determined in accordance
with the scale of Schedule "A' at the original size in the
scale of 1 inch to 1,000 feet for Maps 1 and 2 and 1 inch to
300 feet for Map 3.
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3.3 Multiple Uses:
(a) Where any land or building is used for more than one
purpose, all provisions of this By-law relating to each
use shall be complied with provided that no dwelling is
located closer than 25 feet to any other building on the
lot except a building accessory to such dwelling.
(b) No person shall erect or use any building for residential
purposes unless such building is erected upon a lot.
(c) No person shall erect or use for residential purposes
any building upon any lot whereon there then exists, or
is in the course of construction, or for which a building
permit has been issued on behalf of the municipality,
a building erected or used or intended to be used for
residential purposes.
However, the continued use of an existing dwelling on a
lot for Residential purposes may be permitted by Council
on a temporary basis while a second single family dwelling
is under construction, provided that the existing dwelling
may only be used for this purpose for a period of six
months commencing from the date construction is begun on
the second dwelling, and provided further that the existing
dwelling shall be demolished immediately upon the expir-
ation of this six month period or the occupation of the
new dwelling, whichever occurs first.
(amended by By-law 78-88)
(d) Notwithstanding any provisions of this By-law to the
contrary a bona fide farmer, whose main source of income
is derived from farming operations on a lot, may erect a
second single family dwelling on the said lot, provided
that both dwellings are used by persons significantly
engaged in the farming operation on the lot and provided
further that the said lot has a minimum area of 50 acres.
(added by By-law 77-60)
3.4 Height Restrictions:
Notwithstanding the height provisions herein contained, nothing
in this By-law shall prevent the erection and/or use of a
church spire, a belfry, a flag pole, a clock tower, a chimney,
a water tank, a radio or television tower or antenna, an ele-
vator, a barn or a silo.
3.5 Public Uses:
Nothing in this By-law shall prevent the use of any land as
a public park, community park, playground, highway or right-
of-way.
3.6 Accessory Uses:
Where this By-law provides that a lot may be used or a
building or structure may be erected or used for a purpose,
that purpose shall include any accessory building or struct-
ure or accessory use, but shall not include (1) any occupation
for gain or profit conducted within a dwelling or on the lot,
except as in this By-law is specifically permitted or, (2) any
building used for human habitation except as in this By-law is
specifically permitted.
3.7 Accessory Buildings:
Except as otherwise provided herein:
(a) The total area occupied by accessory buildings shall not
exceed ten percent of the area of the lot on which it is
situate.
(b) No accessory building shall be erected at a distance of
less than four feet from the rear or side lot line of any
lot and when rot attached to the main building shall be
located in the rear yard at least ten feet from the main
building.
(c) No accessory building shall be used for human habitation.
(d) No accessory building in an Rl or RR Zone shall exceed
15 feet in height or be more than one storey.
3.8 Lands Subject to Flooding:
In all zones the erection of buildings or structures for resi-
dential or commercial purposes shall be prohibited on land that
is subject to flooding or on land where by reason of its rocky,
low-lying, marshy or unstable character, the cost of satisfactory
waterworks, sewage, or drainage facilities is prohibitive. Nor
shall any building or structure or appurtenance thereto (other
than conservation or flood control projects) be installed within
(100') one hundred feet of any stream or river bank, or in the
flood plain or any water course, as determined by an Ontario
Land Surveyor.
3.9 Greater Restrictions:
This By-law shall not be effective to reduce or mitigate any
restrictions lawfully imposed by a governmental authority but
in such cases the greater restriction shall apply.
3.10 Permitted Public Uses:
The provisions of this By-law shall not apply to the use
of any land or to the erection or use of any building or
structure for the purpose of public service by the Corporation
of the Township of Clarke or by any local Board thereof
defined by the Department of Municipal Affairs Act, Chapter
98, R.S.O., 1960, The United Counties of Northumberland and
Durham, any telephone, gas or telegraph company, any depart-
ment or agent of the Government of Ontario or Canada, inclu-
ding the Hydro-Electric Power Commission of Ontario, provided
that:
(a) The lot coverage, setback and yard requirements pre-
scribed for the zone in which such land, building or
structure is located shall be complied with.
(b) No goods, material, or equipment shall be stored in
the open in an R1 or RR Zone.
(c) Any building erected in an Rl or R-R Zone under the
authority of this paragraph shall be designed and
maintained in general harmony with residential build-
ings of the type permitted in the zone.
3.11 Parking Requirements:
In any zone the owner of every building hereafter erected,
enlarged or changed in use after the passing of this By-law
shall provide parking space in accordance with the following
schedule:
Type of Building Minimum Parking Required
Residential One (1) parking space, or one garage
or one carport per dwelling unit, except
in the RI-1 Zone where only one parking
space per four dwelling units or frac-
tion thereof is required.
(amended by By-law 77-17)
Clinic Four parking spaces for each practising
doctor or dentist.
Churches, auditoria, Where there are fixed seats, one park-
restaurants, theatres, ing space for every five seats, or ten
arenas, halls, private feet of bench space. Where there are
clubs and other places no fixed seats, one parking space for
of assembly (including each 100 square feet of floor area de-
funeral homes) voted to public use.
Hospitals, institutions One parking space for each two beds or
400 square feet of floor area whichever
is greater, plus one additional space
for each resident doctor or resident
employee.
Hotels One parking space per suite for the
first 20 suites. One additional parking
space per 5 suites above 20 suites. One
additional parking space for each 100
square feet of floor area devoted to
public use.
Motels One parking space per rental unit. One
additional parking space for each 100
square feet of floor area devoted to
public use.
Offices One parking space per 300 square feet
of total floor area.
Self-Service Grocery One parking space for every 100 square
Departmental Store feet of total floor area.
Wholesale or Discount
Business
Other permitted Commercial One parking space for each 200 square
uses feet of total floor area.
Industrial At least one parking space for every
1,000 square feet of total floor area up
to 20,000 square feet plus one addition-
al space for every 5,000 square feet of
total. floor area over 20,000 square feet
including any basement area if used for
industrial use.
Physician, dentist, or Two parking spaces in addition to spaces
other professional per- required for a dwelling unit.
son who has established
an office for consultat-
ion or other emergency
treatment in his private
residence.
3.12 Parking Area Requirements:
Parking areas shall conform to the following requirements:
(a) The parking area shall be in the same zone and within 500 feet
of the location it is intended to serve.
(b) Each parking space shall be 10 feet by 20 feet and shall be pro-
vided with unobstructed access to a street by a driveway, aisle
or lane.
(c) The parking area and approaches shall be surfaced with concrete,
asphalt, crushed stone, gravel or a combination thereof with a
stable surface treated to prevent the raising of dust or loose
particles.
3.13 Obnoxious Uses:
No obnoxious use shall be permitted within any Zone.
3.14 Dwelling Units:
Basement or Cellar: No basement or cellar or part of a basement or
cellar of any building shall be used as a complete dwelling unit and
no part of a basement or cellar may be used for calculating the re-
quired minimum floor area of any residence.
3.15 Lots Having Less Area And/Or Frontage:
Where a lot having a lesser lot area and/or lot frontage than that
required herein is held under distinct and separate ownership from
abutting lots at the date of passing of this By-law as shown by a
registered conveyance in the records of the Registry of Land Titles
Office, or where such a lot is created as a result of a consent
granted by the Clarke Committee of Adjustment before December 31,
1973, or where such a lot is created as the result of an exprop-
riation, or as a result of conveyance of land to an authority with
expropriation powers, and, but for such conveyance the lands so con-
veyed would have been expropriated, such smaller lot may be used
and a building or structure may be erected, altered, or used on
such a smaller lot, provided that all other requirements of this
By-law are complied with.
(added by By-law 76-21, amended by By-law
77-51, 78-72)
This section shall not be construed to reduce the area requirement
stipulated in section 3.3(d) above.
3.16 Temporary Uses:
Notwithstanding any provision of this By-law to the contrary, the
use of a mobile home on a lot for Residential purposes may be per-
mitted by Council on a temporary basis, for a period not to exceed
six months, while a permitted single family dwelling is under con-
struction, provided that said mobile home shall be removed from the
said lot immediately after the expiration of this six months period
or the occupation of the new single family dwelling, whichever occurs
first.
SECTION 4 - RESIDENTIAL ZONE (R1) (added by By-law 1653, former Section
deleted)
4.1 USES PERMITTED
No person shall within any R1 Zone use any lot or erect or use
any building or structure for any purpose except one or more of
the following uses:
(a) RESIDENTIAL USES:
a single family dwelling.
(b) NON-RESIDENTIAL USES:
• church;
• clinic;
• school - not operated for profit or gain;
• hospital;
• nursing home.
(c) Nothing in this section shall prevent a person residing in a
dwelling from carrying on any domestic or household art, a
physician or other medical practitioner, a dentist, a lawyer,
an insurance agent, an engineer, an architect, an artist, an
accountant or travelling salesman from using as professional
offices not more than 25% of the total floor area of the dwel-
ling in which he or she is domiciled, provided that:
(i) there shall be no advertising other than non-illuminated
sign not more than one square foot in area.
(ii) no person other than those residing in the dwelling is
employed therein except in the case of a physician or
other medical practitioner and a dentist in which case the
staff may be limited to one employee.
(iii) there is no external storage of goods or materials.
(iv) there are no goods, wares or merchandise exposed for sale.
(v) there is no mechanical or other equipment used except that
which is customarily employed in dwellings for domestic or
household purposes or for use by a dentist, physician or
other medical practitioner or other professional persons.
4.2 ZONE PROVISIONS
No person shall within any R1 Zone use any lot or erect or use
any building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
4.3 SPECIAL PROVISIONS
(a) R1-1 Lot 29, Concession 5
Notwithstanding any provision of section 4.1.4.2 and 3.3 (c)
hereof to the contrary, the lands which are designated R1-1
on Schedule "A" hereto shall be used for no purpose other
than one or more Senior Citizens Row Dwelling Houses erected
and used in accordance with Appendix 1 hereof.
(b) R1-2 Part Lot 28, Concession 5 (added by By-law 80-113)
Notwithstanding any provisions of this By-law to the
contrary, that part of Lot 28, Concession 5, designated
"R1-2" on Schedule "A" hereto shall be used only for
the purpose of a single family dwelling and a retail
store for the sale of antiques and gifts provided that:
1) no person other than persons residing in the single
family dwelling on the lot shall be employed in the
said retail store;
2) not more than 25% of the area of the dwelling unit
shall be used for the said retail store;
3) there shall be no advertising other than a non-
illuminated sign not more than 0.1 square metres
in area;
4) there shall be no external storage of goods or mat-
erials on the lands so designated;
5) there shall be no mechanical or other equipment
used except that which is customarily employed in
dwellings for domestic or household purposes; and
6) the lands so designated shall be used in accord-
ance with the provisions of this subsection.
ZONE PROVISIONS
(a) Lot Frontage (minimum) 26.5 metres
(b) Lot Area (minimum) 1246.5 square metres
(c) Front Yard (minimum) 3.5 metres
(d) Side Yard (minimum) 2.0 metres
(e) Rear Yard (minimum) 22.0 metres.
SECTION 5 - RURAL RESIDENTIAL ZONE (RR) (added by By-law 1653, former
Section deleted)
5.1 USES PERMITTED
No person shall within any RR Zone use any lot or erect or
use any building or structure for any purpose except one or
more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling.
(b) NON-RESIDENTIAL USES:
• church;
• school - not operated for profit or gain.
(c) Nothing in this section shall prevent a person residing
in a dwelling from carrying on any domestic or household
art, a physician or other medical practitioner, a dentist,
a lawyer, an insurance agent, an engineer, an architect, an
artist, an accountant or travelling salesman from using not
more than 25% of the total floor area of the dwelling in
which he or she is domiciled,
provided that:
(i) there shall be no advertising other than a non-illum-
inated sign not more than one square foot in area.
(ii) no person other than those residing in the dwelling is
employed therein except in the case of a physician or
other medical practitioner and a dentist in which case
the staff may be limited to one employee.
(iii) there is no external storage of goods or materials.
(iv) there are no goods, wares or merchandise exposed for sale.
(v) there is no mechanr_ial or other equipment used except that
which is customarily employed in dwellings for domestic
or household purposes or for use by a dentist, physician
or other medical practitioner or other professional persons.
5.2 ZONE PROVISIONS
No person shall within any RR Zone use any lot or erect or use any
building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
5.3 SPECIAL PROVISIONS (added by By-law 1729)
(a) Forced Road RR-1
In addition to the provisions as referred to in Section
5, subsections 1 and 2 hereof, the land so designated
RR-1 on Schedule "Y" as hereto attached shall be subject
to the following conditions:
No person shall within an RR-1 zone erect any building
or structure or remove or place fill of any kind below
the top of the bank or within twenty-five feet (25')
of the top of the bank as shown on Schedule "Y" hereto
attached.
(Note: These lands are so designated on Schedule "A"
hereof)
(b) King's Highway No. 2 RR-2
In addition to the provisions as referred to in Section
5, subsections 1 and 2 hereof, the land so designated
RR-2 on Schedule "RR-2" hereto attached, shall be sub-
ject to the following conditions:
No person shall within an RR-2 zone erect any building
or structure within the area shown as "RESTRICTED
BUILDING AREA" on Schedule "RR-2" hereto attached.
(Note: These lands are so designated on Schedule "A"
hereof)
(c) Leskard Road
In addition to the provisions as referred to in Section
5, subsections 1 and 2 hereof, the land so designated
RR-3 on the attached Schedule "X" attached hereto shall
be subject to the following conditions:
No person shall within an RR-3 zone erect any building
or structure within the area shown as "Restricted Building
Area" on Schedule "X" attached hereto.
(Note: These lands are so designated on Schedule "A"
hereof.)
SECTION 6 - COMMERCIAL ZONE (C) (added by By-law 1653, former
Section deleted)
6.1 USES PERMITTED
No person shall within any C Zone use any lot or erect or use
any building or structure for any purpose except one or more
of the following uses:
(a) RESIDENTIAL USES:
a dwelling unit in a Non-Residential building.
(b) NON-RESIDENTIAL USES:
a retail store not engaged in manufacturing in the premises
unless such manufacturing is incidential to retail business,
does not exceed fifty percent (50%) of the floor area and
the products manufactured are primarily for sale at retail
on the premises;
an office;
• restaurant;
• hotel;
• clubroom, private club or fraternal organization;
• theatre;
• service station;
• barber shop;
• beauty parlour;
• billiard or poolroom;
• dance hall;
an undertaking establishment;
• laundry or dry cleaning establishment;
• newspaper office and/or plant;
• telephone exchange;
• lodging and/or boarding house;
• bake shop;
• shoe repair shop;
• bank.
6.2 ZONE PROVISIONS
No person shall within any C Zone use any lot or erect or use
any building or structure except in accordance with the following
provisions: i
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
COMMERCIAL ZONE C-1 (added by By-law 1719)
No person shall within C-1 Zone use any lot or erect alter
or use any building or structure, for any purposes except
the one or more of the following C-1 uses, namely;
(a) Residential Uses:
- a dwelling unit in a non-residential building
(b) Non-Residential Uses:
- a dairy bar
- a coffee shop
- a restaurant
6.3 SPECIAL PROVISIONS (Added by By-law 79-150)
(a) "C-SC" Part of Lot 28, Concession 5
Notwithstanding any provision of this By-law to the
contrary, that part of Lot 28, Concession 5, which. is
designated "C-SC" on the attached Schedule "A" hereto
shall be used for no other purpose than a shopping
centre, in accordance with the provisions of this special
provision and where there is any conflict between the
regulations hereinafter set out and any other provisions
of this By-law, than the provisions of this Special Pro-
vision shall apply, but in all other respects, the provisions
of this By-law, as amended, shall apply.
1.1 Permitted Uses
a shopping centre, containing one or more of the
following uses:
- a bank
- a barber shop
- a beauty parlour
- a coffee shop
- a grocery store
- a library
- a post office
- a professional or business office
- a retail store not engaged in manufacturing on
the premises unless such manufacturing is incidental
to the retail business, does not exceed fifty percent
(50%) of the floor area and the products manufactured
are primarily for sale at retail on the premises.
- a shoe repair shop.
1.2 Site Plan Agreement
Pursuant to Section 35 (a) of the Planning Act, as amended,
the lands subject to the special condition contacted 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.
1.3 Zone Requirements
No person shall use any of the lands subject to this Special
Provision, or erect, alter or use any building or structure
thereon for any purpose except in accordance with the
following provisions:
(a) Lot Frontage (minimum) 20 metres
(b) Lot Area (minimum) 2.8 hectares
(c) Front Yard (minimum) 50.5 metres
(d) Side Yard (minimum) 7.6 metres
(e) Rear Yard (minimum) 12 metres
(f) Gross Floor Area (minimum) 1960 square metres (added by
By-law 80-23
(g) Building Height (maximum) 7.7 metres
(h) Landscaping Area (minimum) 25% of Lot Area
(i) Parking Spaces (minimum) 1 space per 16.75 square
metres of gross floor area
(j) Loading Spaces (minimum) 2
(k) Building Location
Notwithstanding any provision of this By-law to the
contrary, nothing shall prevent the location of any
building or structure in the front, side or rear yard
of any other building or structure, provided that both
such buildings or structures are located in compliance
with the provisions of such site plan agreements as may
be required by the Town of Newcastle.
(1) Servicing Requirements
No person shall erect, alter or use any building for
any permitted use on the said lands unless such building
is serviced by a municipal water supply and a private
sewage disposal system, to the satisfaction of the govern-
mental authorities having jurisdiction.
SECTION 7 - HIGHWAY COMMERCIAL ZONE (HC) (added by By-law 1653, former
Section deleted)
7.1 USES PERMITTED
No person shall within any HC Zone use any lot or erect or use
any building or structure for any purpose except one or more
of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling, in conjunction with a permitted
Non-Residential use if occupied by the owner, caretaker,
watchman, or other similar person, employed on the lot on
which such dwelling is located, and his family;
a dwelling unit in a Non-Residential building, if occupied by
the owner, caretaker, watchman or other similar person, em-
ployed on the lot on which such dwelling unit is located, and
his family.
(b) NON-RESIDENTIAL USES:
a farmers' co-operative corporation within the meaning of
The Corporations Act;
• farm implement dealer;
• restaurant;
• sporting goods service centre;
• public or municipal garage;
• service station;
• hotel;
• motel (with or without restaurant facilities) ;
• car wash station;
• commercial nursery;
• fruit and vegetable produce sales outlet.
• retail travel trailer sales (added by By-law 1747)
7.2 ZONE PROVISIONS
No person shall within any HC Zone use any lot or erect or use
any building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
7.3 SPECIAL PROVISIONS
(a) Nothwithstanding any provisions of this By-law to the
contrary, that part of Lot 24, in Concession 8 in the
former Township of Clarke which is designated HC-1 on
Schedule 'A! may be used only for the purpose of a restaurant
and uses accessory thereto.
(added by By-law 76-57)
(b) "HC-2" Part of Lot 29, Concession 2
Notwithstanding any provision of this By-law to the
contrary, that part of lot 29, concession 2 which is
designated "HC-2" on the attached schedule "X" hereto
may be used for no other purpose than an enclosed
market. For the purpose of this section, an enclosed
market shall be defined as a building used for no other
purpose than a snack bar and the retail sale of the
following new and used goods:
Furniture, modern and antique
clothing, new and used
plaster, cement and wooden decorator items
bakery goods
groceries
toys, rugs
variety store items
plants
arts and crafts supplies
provided that any retail floor area may not be divided
by any permanent walls or partitions.
(c) "HC-3" Part of Lot 15, Concession 2 (added by By-law 79-106)
Notwithstanding any provisions of this By-law to the contrary,
that part of Lot 15, Concession 2 which is designated "HC-3"
on the attached Schedule "A" hereto shall be used for no other
purpose than a single family dwelling, a commercial nursery
and accessory landscaping business, and a sales and service
outlet for small engines and snowmobiles, provided that no
person shall use any land subject to this special provision,
nor erect, alter or use any buiding or structure thereon, ,
except in conformity with the following requirements. In the
event that this special provision is silent on any matter, then
the provisions applicable to an HC zone shall apply:
(a) Lot Frontage (minimum) - 45 metres
(b) Lot Area (minimum) - .4 ha
(c) Front Yard (minimum) - 30 m
(d) Side Yard (minimum) - 7.6 m
(e) Rear Yard (minimum) - 15 m
(f) Floor Area (maximum) - The total floor area of all
non-residential buildings on
the site shall not exceed 1525
metres.
(g) Outside Storage
Notwithstanding any provision of this By-law to the contrary,
no goods, materials or equipment shall be stored except in
a building. This provision shall not apply to vehicle accessory
to the residential use on the lot.
(h) Site Plan Control
The lands subject to this special provision are hereby
- 2 -
designated a Site Plan Control Area under the provisions
of Section 35 (a) of the Planning Act.
SECTION 8 - INDUSTRIAL ZONE (Ml) (added by By-law 1653, former
Section deleted)
8.1 USES PERMITTED
No person shall within any M1 Zone use any lot or erect or use
any building or structure for any purpose except one or more
of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling, in conjunction with a permitted
Non-Residential use if occupied by the owner, caretaker,
watchman or other similar person employed on the lot on
which such dwelling is located, and his family.
(b) NON-RESIDENTIAL USES:
an industrial building, provided such industrial building
is not used for any purpose which from its nature or mat-
erials used therein is or may become obnoxious by reason
of the emission of odour, dust, smoke, noise, gas, fumes,
cinders, vibrations, refuse matter, or water-carried
wastes, and provided further, that no part of the lot is
used for the open storeage of goods or materials.
8.2 ZONE PROVISIONS
No person shall within any M1 Zone use any lot or erect or
use any building or structure except in accordance with the
following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
8.3 Special Provisions (added by By-law 78-49)
(a) "M1-1" Part of Lot 12, Concession 3
Notwithstanding any provision of this By-law to the con-
trary, that part of Lot 12, Concession 3, which is desig-
nated "Ml-1" on the attached Schedule "X" hereto may by
used for no other purpose than the sorting, cutting, indoor
and outside storage of used rubber tires, and for an accessory
single family dwelling, provided that no buildings or struct-
ures may be erected, and no land may be used for outside
storage, below the top of bank of the Graham Creek, as de-
termined by the Ganaraska Conservation Authority without
the written consent of the Gararaska Conservation Authority
and provided further that no building permit shall be issued
in respect of the subject lands until the owner of the said
lands has entered into a Development Agreement, as described
in Section 35(a) of the Planning Act, with the Corporation
of the Town of Newcastle.
(b) "Ml-2" Part of Lot 23, Concession 1 (added by By-law 78-60)
Notwithstanding any provisions of this By-law.to the con-
trary, that part of lot 23, Concession 1, which is designated
M1-2 on the attached Schedule "A" hereto may be used for no
other purpose than a salvage yard, which for the purpose of
this section shall mean an establishment or premises where
scrap metal, wrecked vehicles or parts herefrom are stored
wholly or partly in the open, bought, sold, exchanged, baled,
parked, disassembled or handled, provided that the following
requirements are complied with:
(a) Salvage Storage Location
No outside storage of any salvage, scrap or similar
material may be permitted within 325 feet of the front
lot line.
(b) Parking Spaces (minima)
1 for each 2 acres, or portion thereof, of land used
as a salvage yard.
(c) Parking Space Location
No parking space shall be located closer than 10 feet
to any street line.
SECTION 9 - OPEN SPACE ZONE (OS) (added by By-law 1653, former Section
deleted)
9.1 USES PERMITTED
No person shall within any OS Zone use any lot or erect or use
any building or structure for any purpose except one or more
of the following uses:
(a) RESIDENTIAL USES:
a dwelling unit in a Non-Residential building, if occupied
by the owner, caretaker, watchman or other similar person
employed full time on the lot on which such dwelling unit
is located, and his family.
(b) NON-RESIDENTIAL USES:
a public or private park, including tourist camping facilities,
refreshment rooms; conservation areas; ski areas;
a public building including a museum or display, an arena,
community hall, water supply or waste disposal facility, sports
field (courts or greens) , entertainment facilities;
a pool;
an agricultural fairgrounds;
• bandstand;
• boating facility, including boathouses;
• golf course or golf driving range;
• school;
• hospital;
• church.
9.2 ZONE PROVISIONS
No person shall within any OS Zone use any lot or erect or use
any building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
9.3 SPECIAL PROVISIONS
(a) "OS-1" - Lot 28, Concession 5
Notwithstanding any provisions of subsections 3.11, 3.12,
9.1 or Appendix 2 of this by-law to the contrary, that
part of Lot 28, Concession 5 which is designated "OS-1"
on Schedule "A", may be used for the purposes of an arena
and grandstand in accordance with the following provisions:
a) Lot Frontage (abutting Park Street)
minimum 100 feet
b) Lot Area (minimum) 10,000 sq. ft.
c) Lot Coverage (maximum) 5% of the lot area
d) Front Yard (abutting Park Street)
(minimum depth) 20 feet
e) Rear Yard (minimum depth) 35 feet
f) Side Yard (minimum width) 10 feet
.g) Setback (minimum distance from centre
line of Park Street) 40 feet
h) Height of Buildings (maximum) 40 feet
i) Location of Entrances:
The principal public entrance to the arena and
grandstand and all other entrances where facilities
are provided for the collection of admission charges
or tickets shall be located in the southernmost wall
of the arena or adjacent to the sothernmost wall of
the grandstand.
j) Parking Requirements (minimum) the greater of:
(i) one parking space
for every 5 fixed seats
or ten feet of bench spacE
or
(ii) one parking space for ever
100 square feet of floor
area available for public
use exclusive of areas
occupied by fixed seats of
benches.
1) Location of Parking:
All required parking shall be located within 650 feet
of the nearest public entrance to the arena or grand-
stand.
(b) "OS-2" - Lot 12, Concession 3 (added by By-law 77-38)
That part of Lot 12, Concession 3, which is designated "OS-2"
on map 2 of Schedule "A" hereto may be used for the purpose
of a private park, including camping facilities, refreshment
rooms, and ski areas provided that no buildings or permanent
structures may be erected within the fill and construction
limits of the Graham Creek, as designated by the Ganaraska
Conservation Authority.
SECTION 10 - AGRICULTURE ZONE (A) (added by By-law 1653, earlier
section deleted)
10.1 USES PERMITTED
No person shall within any A Zone use any lot or erect or
use any building or structure for any purpose except one or
more of the following uses:
(a) RESIDENTIAL USES:
a single family dwelling.
(b) NON-RESIDENTIAL USES:
• farm;
• hospital, clinic, library, church, school, community
centre, municipal building, and a cemetery, mausoleum, colum-
barium, or crematorium established with the approval of the
Department of health under the Cemeteries Act;
a rural home occupation and the office of a veterinary surgeon,
and premises for the emergency treatment of animals.
10.2 ZONE PROVISIONS
No person shall within any A Zone use any lot or erect or use
any building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Appendix 1 hereof.
(b) NON-RESIDENTIAL USES:
In accordance with the provisions of Appendix 2 hereof.
10.3 SPECIAL PROVISIONS
(a) "A-1" - Lot 23, Concession 3
In addition to the uses referred to in Section 10.1 hereof,
that part of Lot 23, Concession 3, which is designated "A-1"
on Schedule "A", may be used for the purposes of a shooting
range.
(b) "A-2" - Lots 33, 34 and 35, Concession 9
In addition to the uses referred to in Section 10.1 hereof,
those parts of Lots 33, 34 and 35, Concession 9, which are
designated "A-2" on Schedule "A", may be used for the purposes
of a race track for motor vehicles.
(c) "A-3" - Lot 32, Concession 4
In addition to the uses referred to in Section 10.1 hereof,
that part of Lot 32, Concession 4, which is designated "A-3"
on Schedule "A" may be used for the purposes of a livestock
auction barn.
(d) Taunton Road A-4 - (added by By-law 1737)
In addition to the uses referred to in Section 10.1 hereof,
that part of Lot 29, Concession 6 which is designated A-4
may be used for two single family dwellings.
(d) "A-4" - Lot 14, Concession 6 (added by By-law 74-74)
In addition to the uses referred to in Section 10.1 hereof,
that Part of Lot 14, Concession 6, which is designated "A-4"
on Schedule "A" may be used for the retail sales of antiques
and handicrafts provided that:
i) the retail sales area is located entirely within the
dwelling existing on the subject lands on October 7,
1974.
ii) the retail sales area does not exceed 400 square feet
or 35% of the floor area of the dwelling, whichever
is smaller.
iii) there is no external storage of goods or materials.
iv) there is no advertising other than a non-illuminated
sign not more than one square foot in area.
(e) "A-6" - Lot 20, Concession 5 (added by By-law 76-69)
In addition to the uses referred to in section 10,1 hereof,
that part of lot 20, concession 5, which is designated "A-6"
hereto may be used for one additional single family dwelling
and a horse breeding and training establishment provided that
said dwellings are used by persons employed in the said horse
breeding and training operation; that all agricultural buildings
be located in accordance with a Certificate of Compliance
issued in accordance with the Agricultural Code of Practice
for Ontario; and that no part of the land which is designated
A-6 shall be used for the purpose of a commercial stable or
commercial racetrack.
(f) "A-7" - Lot 27, Concession 6 (added by By-law 78-36)
In addition to the uses referred to in Section 10.1 hereof,
that part of lot 27, Concession 6, which is designated "A-7"
on the attached Schedule "X" hereto may be used for the pur-
pose of a retail meat outlet, provided no buildings or perman-
ent structures may be erected within the fill and construction
limits of the Orono Creek, as designated by the Ganaraska Con-
servation Authority, without written consent of the Ganaraska
Conservation Authority.
(g) "A-8" - Lot 34, Concession 3 (added by By-law 79-107)
In addition to the uses referred to in Section 10. 1
hereof, that part of Lot 34, Concession 3 which is
designated "A-8" on Schedule "A" hereto may be used
for the purposes of an apple storage and packing
building and accessory business office.
(j) A-11 - Part Lot 24, Concession 6
(added by B/L 81-36)
Notwithstanding any provisions of this By-law to the
contrary, that part of Lot 24, Concession 6, designated
"A-11" on Schedule "A" hereto shall be used only in accord-
ance with the following provisions:
(1) Permitted Uses
(a) a restaurant, a dining room, a cafe, a cafeteria,
an ice cream parlour, a tea or lunch room, a dairy
bar, a coffee shop, a snack bar, a retail gift
shop and a business office.
(b) one single family dwelling and buildings and
structures accessory thereto.
(2) Zone Provisions
(a) Lot Area (minimum) .5 hectare
(b) Lot Frontage (minimum) 70.5 metres
(c) Front Yard (minimum)
(i) restaurant 16.5 metres
(ii) single family dwelling 59.0 metres
(d) Interior Side Yard (minimum)
(i) restaurant 24.0 metres
(ii) single family dwelling 7.5 metres
(e) Rear Yard (minimum)
(i) restaurant 56.0 metres
(ii) single family dwelling 10.5 metres
(f) Parking Spaces (minimum) 1 parking space per
dwelling unit and 1
parking space per 18.5 m2
of commercial floor area.
SECTION 11 - CONFORMITY (added by By-law 1653, former section
deleted)
The purpose for which any land or building is used shall
not be changed, no new building or addition to any existing
building shall be erected, and no land shall be severed from
an existing lot, if the effect of such change, erection or
severance is to create a situation in which any of the require-
ments of the By-law in regards to each individual remaining
building, accessory building or lot is contravened.
SECTION 12 - NON-CONFORMITY (Continuation of Existing Uses)
Nothing in this By-law shall prevent the use of any land,
building or structure for any purpose prohibited by the
By-law if such land, building or 'structure was lawfully
used for such purpose on the day of the passing of the
By-law so long as it continues to be used for that purpose.
If a non-conforming building or structure should be damaged
by fire, flood, wind or earthquake nothing in this By-law shall
prevent such a building from being strengthened to a safe
condition providing that such alteration or repair does not
change the height, size or volume or change the use of such
building or structure.
SECTION 13 - - PRIOR BUILDING PERMITS (added by By-law 1653, former
section deleted)
Nothing in this By-law shall prevent the erection or use
for a purpose prohibited by the By-law of any building or
structure the plans for which have, prior to the day of
the passing of the By-law, been approved by the municipal
architect or building inspector, so long as the building
or structure when erected is used and continues to be used
for the purpose for which it was erected and provided the
erection of such building or structure is commenced within
two years after the day of passing of the By-law and such
building or structure is completed within a reasonable time
after the erection thereof is commenced.
SECTION 14 - EXCEPTIONS
14.1 Nothing in this By-law shall prevent the lands in the Ml
or OS Zones from being used for one or more of the following
uses:
an apiary;
an aviary;
• berry or bush crop;
• field crop;
• flower garden;
• greenhouse;
• horticultural nursery;
• kennel establishment for domestic pets;
• market garden;
an orchard;
• public use in accordance with section 3.8 hereof;
• tree crop;
temporary buildings necessary to the operation of the above uses
shall be permitted on the same lot, and only for so long as it is
necessary for the work in progress.
14.2 Parks, road allowances, ditches, culverts or property entrances
in the public domain shall not be altered, or the land worked
other than by the proper authority.
SECTION 15 - ADMINISTRATION
15.1 Zoning Administration:
This By-law shall be administered by a person designated from
time to time by the Council, as the Zoning Administrator.
15.2 Applications and Plans:
In addition to the requirements of the Building By-law, every
application for a building permit shall be accompanied by plans,
in triplicate, drawn to an appropriate scale, based upon the
actual survey showing the true shape and dimensions of the
lot to be used, or upon which it is proposed to erect any building
or structure, and showing the proposed location, height and
dimension of the building or structure already erected on or
partly on such lot, together with a block plan and statement
signed by the owner or his agent duly authorized in writing filed
with the Zoning Administrator, which statement shall set forth
in detail the correct and intended use of each building and structure
or part thereof and all information necessary to determine whether
or not every such building and structure conforms with the afore-
said requirements of this By-law.
15.3 Inspection of land, Buildings and Structures:
The Zoning Administrator is hereby authorized after appropriate
notice to enter at all reasonable hours for the purposes of in-
spection upon any property or premises.
15.4 Penalty:
Any person convicted of a breach of any of the provisions of
this By-law shall forfeit and pay, at the discretion of the
convicting magistrate, a penalty of not less than fifty dollars
($50.00) and not more than three hundred dollars ($300.00)
exclusive of costs for each offence, and The Summary Convictions
Act, as provided and limited by The Municipal Act, shall apply
thereto.
15.5 Date of By-law:
This By-law shall take effect from the date of passage by
Council and shall come into force upon approval by the Ontario
Municipal Board.
That By—law 1590 be and the same is hereby repealed.
READ a first and second time this 23rd day of May, 1968.
"Roy A. Foster"
Reeve
"H. E. Millson"
Clerk
READ a third time this 23rd day of May, 1968.
"Roy A. Foster"
Reeve
(seal)
"H. E. Millson"
Clerk
APPENDIX 1
PROVISIONS FOR RESIDENTIAL USES
(added by By—law 1653)
(1) SINGLE—FAMILY DWELLING
No person shall use any lot or erect or use any building or
structure for the purpose of a single—family dwelling except
in accordance with the following provisions:
(a) LOT FRONTAGE:
Minimum
in A Zones 330 feet
in RR Zones 150 feet
in R1 Zones
where sanitary sewers and public
water supply not available 120 feet
where served by sanitary sewers or
public water supply 75 feet
where served by both sanitary sewers
and public water supply 60 feet
in other Zones
where sanitary sewers and public water
supply not available 100 feet
where served by sanitary sewers or
public water supply 75 feet
where served by both sanitary sewers
and public water supply 50 feet
except that in no case shall the lot
frontage of a corner lot be less than
70 feet.
(b) LOT AREA:
Minimum
in A Zones 40 acres
in RR Zones 1 acre
in R1 Zones and other Zones where
sanitary sewers and public water
supply not available 15,000 square feet
where served by sanitary sewers or
public water supply 7,500 square feet
where served by both sanitary sewers
and public water supply 5,000 square feet
except that in no case shall the lot
area of a corner lot be less than 7,000 square feet
(c) LOT COVERAGE:
Maximum for all buildings
in A Zones 20% of the lot area
in RR and R1 Zones 30% of the lot area
in other Zones 35% of the lot area
(d) FRONT YARD:
Minimum depth
in A and RR Zones 50 feet
in R1 and other Zones 20 feet
(e) REAR YARD:
Minimum depth 35 feet
(f) SIDE YARD:
Minimum width
in A and RR Zones 25 feet
in R1 and other Zones 14 feet on one side, 4 feet on
other side plus 2 feet on the
narrow side for each additional
or partial storey above the first
provided that where a garage or carport is attached to or is
within the main building or the lot is a corner lot, the min-
imum width of the side yard shall be 4 feet plus 2 feet for
each additional or partial storey above the first.
(g) SETBACK:
in A and RR Zones
Minimum distance from centre line of
a Provincial Highway 110 feet
a County Road 100 feet
a Township Road 93 feet
all other roads 83 feet
in Rl and other Zones
Minimum distance from centre line of
a Provincial Highway 80 feet
a County Road 70 feet
a Township Road 63 feet
all other roads 53 feet
(h) FLOOR AREA:
Minimum
in A and RR Zones 1,200 square feet
in R1 and other Zones 960 square feet
(i) HEIGHT OF BUILDING:
Maximum 30 feet
(j) FARMER RETAINING LOT:
Notwithstanding any provisions of this By-law to the
contrary, a bona fide farmer, whose chief source of
income is derived from farming operations consisting
in whole or in part of growing crops, raising cattle
or livestock or operating a dairy farm in an Agricultural
Zone, may retain a lot from the sale of his farm and erect
or use thereon a single family dwelling in accordance with
the provisions of this By-law for RR Zones, provided that
if the land is subject to a subdivision control By-law
then this clause (j) shall not apply except and unless
a consent to the separation of the lot is obtained from
the Committee of Adjustment or from the Minister of
Municipal Affairs if there is no Committee of Adjustment,
and provided further that such dwelling and lot shall be
deemed a permitted use for subsequent purchasers and
owners thereof.
(k) ENLARGING OF FARM:
Notwithstanding any provisions of this by-law to the
contrary when a farmer enlarges or has enlarged his farm
by acquiring another abutting farm in an Agriculture Zone
and both the acquired farm and the original farm have
located thereon detached single family dwelling houses,
then, with the permission of the Land Division Committee,
a lot, upon which either dwelling house is located, may
be severed from the acquired or the original farm, provided
that such lot conforms to the provisions of this By-law
for RR Zones. Such dwelling house shall be deemed a per-
mitted use for subsequent owners and purchasers thereof.
(added by By-law 78-15)
(2) DWELLING UNIT IN A NON-RESIDENTIAL BUILDING
No person shall use any lot or erect or use any portion of a
Non-Residential building for the purposes of a dwelling unit
except in accordance with the following provisions:
(a) DWELLING UNIT AREA:
Minimum area, exclusive of halls
and stairways 600 square feet
(b) LOCATION:
Within Non-Residential building and above
the first floor.
(c) EXCEPTION:
In no case shall a dwelling unit be located in
a Non-Residential building which is used for the
purposes of a service station or public garage.
(3) SENIOR CITIZENS DWELLING HOUSE (added by By-law 77-17)
No person shall use any lot or erect or use any building
or structure for the purpose of a senior citizens dwelling
house except in accordance with the following provisions -
(a) Lot Frontage (minimum) 487 feet (added by By-law 78-2
(b) Lot Area (minimum) 6.617 acres
(c) Lot Coverage (maximum) 10%
(d) Front Yard (minimum) 50 feet
(e) Rear Yard (minimum) 30 feet
(f) Side Yard (minimum) 30 feet
(g) Set Back (minimum) 68 feet
(h) Height of Building (maximum) 15 feet
(i) Number of attached units
per building (maximum) 10
APPENDIX 2
PROVISIONS FOR NON-RESIDENTIAL USES
(added by By-law 1653)
No person shall use any lot or erect or use any building
or structure for the purposes of any Non-Residential use
except in accordance with the following provisions:
(a) LOT FRONTAGE:
Minimum
in A and HC Zones 150 feet
in Rl, RR, M1 and OS Zones 100 feet
in C1 Zone (added by By-law 1719) 75 feet
('b) LOT AREA:
Minimum
in A and HC Zones 1 acre
in Rl, RR, M1 and OS Zones 10,000 square feet
in C1 Zone (added by By-law 1719) 34,000 square feet
(c) LOT COVERAGE:
Maximum for all buildings
in A, R1 and RR Zones 30% of the lot area.
in C Zones 75% of the lot area.
in HC and M1 Zones 50% of the lot area.
in OS Zones 5% of the lot area.
(d) FRONT YARD:
Minimum depth 50 feet
in A, RR, HC, and OS Zones
in R1 Zones 25 feet
in C Zones average front yard of existing
buildings on street within same
street block.
in M1 Zones 25 feet, except where opposite
an Rl or RR Zone, in which
case 50 feet.
(e) REAR YARD:
Minimum depth
in A, Rl, RR, HC and OS Zones 35 feet
in M1 Zones 35 feet, except where opposite
an R1 or RR Zone in which case
50 feet.
M SIDE YARD:
Minimum width
in A, R1, RR, HC and OS Zones 25 feet
in M1 Zones 15 feet except where
opposite an Rl or RR
Zone in which case 50
feet.
in Cl Zone (added by By-law) 25 feet
(1719)
(g) SETBACK:
in Rl and M1 Zones
Minimum distance from centre
line of
• Provincial Highway 85 feet
• County Road 75 feet
• Township Road 68 feet
all other roads 58 feet
in A, RR, HC and OS Zones, and in
Ml Zones where opposite an R1 or RR
Zone
Minimum distance from centre line of
• Provincial Highway 110 feet
• County Road 100 feet
• Township Road 93 feet
all other roads 83 feet
in Cl Zone (added by By-law 1719)
1. Minimum distance from centre
line of Township Road 93 feet
2. Minimum distance from centre
line of County Road 80 feet
(h) HEIGHT OF BUILDING:
Maximum
in R1 and RR Zones the lesser of
4 storeys or 40 feet
in all other Zones 40 feet
(i) SPECIAL PROVISION - BOAT HOUSES:
Notwithstanding any provisions of this by-law to the
contrary, no side or rear yard is required for a boat-
house which abuts navigable water.
(j) DWELLINING UNIT - FLOOR AREA (.added by By-law 1719)
- minimum 600 square feet exclusive of halls.
(k) LOCATION OF DWELLING UNIT:
- within Non-Residential building and above the first
floor
(added by By-law 1719)
SCHEDULE "A"
TOWNSHIP OF
CLARKE
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