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HomeMy WebLinkAbout79-44 - Consolidated AN T == LAW 19 44 as amended of the former Village of Newcastle now in the Town of Newcastle cfa cam, i OFFICE CONSOLIDATION 0 s-,f.r+-n Aft A .. r rct.a �y Ll is Town of Newcastle Planning & Development Department BY-LAW HISTORY By-law Amended (A) Date Passed Date Approved By-law Number or Repealed (R) By Council By O.M.B. 79-44 73-15 (R) May 23, 1979 80-4 79-44 (A) Jan. 28, 1980 April 18, 1980 79-82 79-44 (A) Aug. 27, 1979 May 1, 1980 79-133 79-44 (A) Nov. 19, 1979 Jan. 8, 1980 Section 35(10) Planning Act 80-21 79-82 (A) Feb. 27, 1980 April 22, 1980 80-135 79-44(A) Oct. 20, 1980 December 22, 1980 81-35 79-44(A) March 23, 1981 May 15, 1981 81-92 79-44(A) July 27, 1981 September 3, 1981, subject to Section 35(24) of the Planning Act. 81-101 79-44(A) August 5, 1981 September 8, 1981, subject to Section 35(24) of the Planning Act. 81 -66 79-44(A) June 1 , 1981 OMB Approval , March 1 , 1982 82-20 79-44(A) Feb. 15, 1982 March 25, 1982, subject to Section 39(28) of the Planning Act 81 -155 79-44(A) October 5, 1981 March 19, 1982 82-85 79-44(A) July 5, 1982 August 31 , 1982 subject to Section 39(28) of the Planning Act 83-26 79-44 (A) February 14, 1983 April 14, 1983 83-117 79-44(A) September 12, 1983 October 26, 1983, subject to Section 39(25) of the Planning Act BY-LAW HISTORY By-law Amended (A) Date Passed Date Approved By-law Number or Repealed (R) By Council By O.M.B. 83-95 79-44(A) June 27, 1983 July 4, 1984 83-120 83-95(A) September 12, 1983 July 4, 1984 84-29 83-95(A) February 27, 1984 July 4, 1984 1 T H E C O R P O R A T I O N O F T H E T 0 W N O F N E W C A S T L E BY-LAW NO. 79-44 (As Amended) CONSOLIDATED OFFICE COPY This edition is prepared for the purposes of con- venience only. For accurate reference, recourse should be made to the original By-law. TABLE OF CONTENTS SECTION PAGE NUMBER 1 SPECIFIC CONDITIONS 1 2 DEFINITIONS 8 3 GENERAL PROVISIONS 44 4 ZONES AND ZONE PROVISIONS 62 5 OPEN SPACE (OS) ZONE 63 6 RURAL (RU) ZONE 65 7 RURAL RESIDENTIAL (RR) ZONE 68 8 RESIDENTIAL TYPE lA (R1A) ZONE 70 9 RESIDENTIAL TYPE 1 (Rl) ZONE 72 10 RESIDENTIAL TYPE 2 (R2) ZONE 74 11 RESIDENTIAL TYPE 3 (R3) ZONE 77 12 COMMUNITY FACILITY (CF) ZONE 83 13 LOCAL COMMERCIAL (Cl) ZONE 85 14 HIGHWAY COMMERCIAL (C2) ZONE >�9 15 GENERAL COMMERCIAL (C3) ZONE 97 16 RECREATIONAL C014MERCIAL (C4) ZONE 103 17 RESTRICTED INDUSTRIAL (Ml) ZONE 107 18 GENERAL INDUSTRIAL (M2) ZONE 111 19 WASTE DISPOSAL INDUSTRIAL (M3) ZONE 115 20 OTHER BY-LAWS REPEALED 116 21 APPROVAL 117 SPECIAL CONDITION 1 113 SPECIAL CONDITION 2 120 THE CORPORATION OF THE TOWN OF NEWCASTLE: BY-LAW NUMBER 79- 44 A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATIO14 AND USE OF BUILDINGS AND STRUCTURES IN CERTAIN LANDS IN THE FORMER VILLAGE OF NEWCASTLE, NOW IN THE TOWN OF NEWCASTLE. WHEREAS The Planning Act provides that the Council of the municipal corporation may pass by-laws to regulate the use of lands and the character, location and use of buildings and structures ; AND WHEREAS the Municipal Council of the Corporation of the Town of Newcastle considers it advisable to regulate the use of land situated within a Defined Area, as hereinafter designated; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: SECTION 1 SPECIFIC CONDITIONS 1. INTERPRETATION 1.1 TITLE This By-law may be cited as the "ZONING BY-LAW" 1.2 APPLICATION For the purposes of this By-law, the definitions and interpretations given herein shall govern. 1.3 DEFINED AREA The provisions of this By-law shall apply ,to all lands within the "Defined Area", as shown on Schedule "A" hereto. 1.4 INTERPRETATION For the purposes of this By-law, :cords used in the present tense include the future: words in singular number include the plural and words in the plural include the s LngUlar number; the word "shall" is mandatory; the words "used" i and "occupied" shall include the words 'arranged ' and 'designed to be used or occupied' . 1.5 ZONE SYMBOLS The Zone symbols may be used to refer to lots, buildings and structures and to the use of lots, buildings and structures permitted by this By-law in the Zones. Whenever in this By-law the word "Zone" is used, preceded by any of the symbols, such Zone shall mean any area within the- Corporation within the scope of this By-law, delineated on Schedule "A", and designated thereon by the symbol. 1.6 SPECIAL ZONE SYMBOL Where the Zone symbol designating certain lands, as shown on Schedule "A", is followed by a dash and a number, ( for example OS -1) , then special provisions in addition to the normal Zone provisions apply to such lands. Such special provisions will be found by reference to that section of the By-law which deals with that particular Zone. Lands designated in this manner shall be subject to all the restrictions of the Zone, except as otherwise provided by the special provisions. 1 . 7 ZONE BOUNDARIES AND INTERPRETATION Where possible, the extent and boundaries of all Zones, as shown on Schedule "A", are construed to be lot lines, street lines, centrelines of streets, railway rightsoE-way 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 200 feet. However, where the limits of the flood- -2- plain of a watercourse have been identifiud in the Pioodplrlin mapping of the Conservation Authority having jurisdiction, then the limits of the corresponding OS-1 zone shall be deemed to correspond with the limits of the floodplain as identified on this mapping, without amendment to this By-law. 1. 8 RESIDENTIAL AND NON-RESIDENTIAL USES For the purpose of reference, all buildings and structures, and all uses of buildings, structures and lots named as uses permitted and classified under the headings of "Residential" and "Non-Residential", may be referred to as Residential and Non-Residential buildings, structures or uses respectively. 1.9 LOCATION OF PROVISIONS All the Zone Provisions of this By-law which are applicable to a use, building or structure shall be provided within thu "one in which such use, building or structure .is locatud unless, specific provision of this By-law provides otherwise. 1. 10 SCHEDULES TO BY-LAW Schedule "A", which is attached hereto, is Hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. 2. COMPLIANCE WITH THE BY-LAW 2. 1 APPLICATION OF BY-LAW No land, building, structure, lot or premises shall be used, and no building or structure shall be urected or altered, in whole or in part, for any purpose EXCEPT in conformity with the provisions of this By-law. -3- 2.2 INTERPRETATION The provisions of this By-law shall be held to be the minimum requirements EXCEPT where the word maximum is used, in which case the maximum requirement shall apply. 2.3 CHANGE IN LOT SIZE No lot shall be changed in area, depth or width, either by the conveyance of land or otherwise, so that the lot coverage exceeds the maximum permitted by this By-law, or so that the existing or resulting lot area, lot width or yards will 'be less than the minimum permitted by the provisions of this By-law. 2.4 PUBLIC ACQUISITION No person shall be deemed to have contravened any provision of this By-law by reason of the fact that any part or parts of any lot has or have been conveyed to or acquired by any Public Authority. 3. ADMINISTRATION, ENFORCEMENT AND PENALTIES 3. 1 ADMINISTRATION This By-law shall be administered and enforced by the person appointed by the Corporation and known as the By-law Enforcement Officer. 3.2 BUILDING AND OTHER PERMITS Notwithstanding the provisions of the Corporation's Building By-law or any other By-law of the Corporation, no building permit or occupancy permit shall be issued where the proposed building, structure or use would be in violation of any of the provisions of this By-law. -4- 3. 3 APPLICATION FOR PERMITS In addition to all the requirements of the Corporation's Building By-laws or any other By-law of the Corporation, every application for a building permit shall be accompanied by a plan in duplicate, (one copy of which shall be retained by the Chief Building Official) ,drawn to scale and showing the following: a. the true dimensions of the lot to be built upon or other- wise used. b. The proposed location, height, floor area and dimensions of any building, structure or use proposed for such lot. C. Proposed locations and dimensions of any yards, set-back, landscaped open space, off-street parking space or off- street loading facilities required by this By-law. d. The location of all existing buildings .or structures on the lot shown on the plan. e. A statement signed by the owner, disclosing the exact use proposed for each aforesaid building, structure or usa and giving all information necessary to determine if such proposed or existing building, structure or use conforms to the requirements oC this By-law. 3.4 INSPECTION The By-law Enforcement Officer, or any Officer or employee of the Corporation acting under the direction of the Council, is hereby authorized to enter, at all reasonable hours, upon any property or premises for the purpose of carrying out his duties under this By-law. 3.5 VIOL,ITION AND PENALTIES Every person who uses any lot, or erects or uses any building, -S- structure or any part of any lot, building; or structure in a manner contrary to any requirement of this By-law, or who causes or permits such use or erection, or who violates any provision of this By-law, causes or permits a violation, shall be guilty of an offence, and upon conviction therefore shall forfeit and pay a penalty not exceeding One Thousand Dollars ($1,000) , exclusive of costs, for each offence, and every such penalty shall be recoverable under the Municipal Act and The Summary Convictions Act. 3.6 CONTRAVENTION - RESTRAINED BY ACTION In case any building or structure is to be erected, altered, reconstructed, extended, or part thereoE is to be used, or any lot is to be used, in contravention of any requirement of this By-law such contravention may be restrained by action at the instance of any ratepayer or of the Corporation, pursuant to the provisions of The Municipal Act, in that behalf. 3. 7 VALIDITY If any section, clause or provision of this By-law, including anything contained on Schedule "A", is for any reason declared by the court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the section, clause or provision, including anything contained on Schedule "A", so declared to be valid. It is hereby declared to be the intention that all the remaining section, clauses or provisions including anything contained on Schedule "A" of this By-law shall remain -6- in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid, -7- SECTION 2 DEFINITIONS For the purpose of this By-law, unless the context requires otherwise, the interpretations and definitions given in this section shall govern. 2. 1 ACCESSORY BUILDING OR STRUCTURE Shall mean a detached building or structure, the use of which is customarily incidental and subordinate to a principal use, building or structure and located on the same lot therewith. 2.2 ACCESSORY USE Shall mean a use customarily incidental and subordinate to, and exclusively devoted to the main use of the lot, building or structure and located on the same lot with such main use. 2.3 ALTER Shall mean when used in reference to a building or part thereof to change any one or more of the internal or external dimensions of such building, to change the use of such building or structure, or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to decrease the width, depth or area thereof or to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, to change the use of such. lot, or to change the location of any boundary of such lot with respect to a public highway or laneway, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The words "altered" and "alteration" shall have a corresponding meaning. -8- 2.4 ASSEMBLY UALL Shall mean a building, or part of a building, in whicli facilities are provided for such purposes tU�s meetings for civic, educational, political, religious or social purposes and shall include a banquet hall, private club or fraternal organization. 2.5 ATTIC Shall mean the portion of a building situated wholly, or in part, within the roof and which is not a one-half storey. 2.6 BASEMENT Shall mean that portion of a building between two floor levels which is partly underground but which has at least one-half of its height, from finished floor to finished ceiling, above the adjacent finished grade level adjacent to the exterior walls of the building. 2.7 BUILDING Shall mean a structure having a roof, supported by columns or walls or supported directly on the foundation and used for the shelter or accommodation of persons, animals or goods. 2.8 BUILDING BY-LAW Shall mean any By-law of the Corporation passed pursuant to the Planning Act, R.S.O. 1970, or the Building Code Act, 1974. 2.9 BUSINESS OR PROFESSIONAL OFFICE Shall mean an office in which any administrative business is carried on or any profession is practised. -9- 2. 10 BY-LAW ENFORCEMENT OFM CEIR Shall mean the officer or employee of the Corporation charged with the duty of enforcing the provisions of this By-law. 2. 11 CAMPING ESTABLISHMENT Shall mean a tourist establishment consisting of at least five camping lots and comprising land used or maintained as grounds for the camping or parking of trailers,mobil.e homes, motorized mobile home, truck campers, campers or tents. EXCEPT parks or camping grounds maintained by any department of Government of Ontario or of Canada, or any crown corporation, commission or board. 2. 12 CAMPING LOT Shall mean part of a camping establishment that is to be occupied by a trailer, mobile home, motorized mobile home, truck camper, camper or tent. 2. 13 CELLAR Shall mean that portion of a building between two floor levels which is partly or wholly underground and which has more than one-half of its height, from finished floor to finished ceiling, below adjacent finished grade. 2. 14 COLD STORAGE LOCKER PLANT Shall mean a building in which space in individual lockers is rented or otherwise made available for the storage of frozen food. -10- 2. 15 CONSERVATION Conservation shall mean the preservation, protection and improvement of the components of the natural environment through comprehensive management and maintenance for both the individual and society's uses, both in the present and in the future. 2. 16 CONVENIENCE STORE Shall mean a retail commercial establishment supplying groceries and other daily household necessities to the residents of the immediate neighbourhood. 2. 17 CORPORATION Shall mean the Corporation of the Town of Newcastle. 2. 18 COUNCIL Shall mean the Municipal Council of the Corporation of the Town of Newcastle. 2. 19 COURT Shall mean an open and unoccupied space from ground to sky appurtenant to a building and bounded on two or more sides by the walls of the building. 2.20 DRIVE-IN RESTAURANT Shall mean an eating establishment where facilities are available to serve meals to the customer for consumption in the customer's motor vehicle, parked in an area designed for that purpose. -1 1- 2.21 DRY-CLEANERS' ESTABLISIMENT Shall mean a building or structure used for the purpose of collection and distribution of articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing, cleaning, spotting and stain removing, and for the pressing of any articles or goods which have been subjected to any such process elsewhere at a dry cleaners' plant. 2.22 DWELLING a. DWELLING HOUSE Shall mean a building occupied or capable of being occupied as the home, residence or living quarters for one or more families. This definition shall not include any vehicle as defined herein. b. DWELLING UNIT Shall mean a suite of two or more rooms, designed or intended for use by one family only, in which sanitary conveniences are provided, in which facilities are provided for cooking or the installation of cooking equipment, in which a heating system is provided and containing a private entrance from outside the building or from a common hallway or stairway inside. C. DWELLING UNIT, BACHELOR Shall mean a dwelling unit consisting of one bathroom and not more than two habitable rooms providing therein living, dining, sleeping and kitchen accommodation in appropriate individual or combination room or rooms. -12- d. SINGLE - FAMILY DWELLING HOUSE shall mean a dwelling house containing one dwelling unit and occupied by not more than one family. e. DUPLEX DWELLING HOUSE Shall mean the whole of a dwelling house that is divided horizontally into two separate dwelling units each of which has an independent entrance either directly from the outside or through a common vestibule. f. CONVERTED DWELLING HOUSE Shall mean a dwelling house, erected prior to the passing of this By-law, including any additions thereto constructed for permanent use, altered or converted so as to provide therein not more than four dwelling units. g. APARTMENT DWELLING HOUSE Sl►all mean the whole of a dwelling housu tluit contains three or more dwelling units which have a common entrance from street level and are served by a common corridor. An "APARTMENT DWELLING HOUSE" does not include any other dwelling house otherwise defined herein. h. AGRICULTURAL SERVICE DWELLING Shall mean a temporary dwelling house to provide sleeping accommodation and sanitary facilities for seasonal farm workers and such temporary dwelling house may include facilities for cooking. i. SEASONAL DWELLING HOUSE Shall mean a single-family detached dwelling house in- tended to be used during only: -13- i. The six months from April through Sept(,mber inclusive of the same calendar year; and/or ii. week-ends and on random occasions such as public holidays and ski holidays during the six months from October of one calendar year through March of the next calendar year, inclusive, but which is not used for year-round or permanent human habitation notwithstanding that it may be designed and,/or constructed for such year-round or permanent human habitation. j . BOARDING OR LODGING HOUSE Shall mean a dwelling house, containing not more than four guest rooms used or maintained for the accommodation of the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or without meals for three or more persons but does not include any other establishment otherwise defined or classified herein. k. DWELLING UNIT AREA Shall mean the habitable area contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch, verandah, unfinished attic, cellar or sunroom (unless such sunroom is habitable in all seasons of the year) ; and excluding public or common halls or areas, stairways and the thickness of outside walls. 2.23 EATING ESTABLISHMENT Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate con- sumption .and includes such uses as a restaurant, dining -14- 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 house. 2.24 ERECT Shall mean building construction, reconstruction and relocation, and, without limiting the generality of the work, also includes: a. any preliminary physical operation, such as excavating, filling or drainage. b. altering any existing building or structure by an addition, enlargement, extension, movement or other structural change. C. any work for the doing of which a building permit is re- quired under the Building By-law of the Corporation: and d. erect, erected and erection shall have a corresponding meaning. 2.25 ESTABLISHED BUILDING LINE, RURAL Shall mean the average setback from the street line of existing buildings when at least five buildings have been erected on any one side of a continuous 600 feet of land with street frontage. 2.26 ESTABLISHED BUILDING LINE, URBAN Shall mean the average setback from the street line of existing buildings on one side of one block where more than one-half of the frontage of the said side of the block has been built upon. 2.27 EXISTING Shall mean existing, being a reality or an actuality on the date of passing of this By-law. -15- 2. 28 FAMILY Shall mean one human being or two or more human beings related by blood, marriage or legal adoption, or a group of not more than three human beings who need not be related by blood or marriage, living together as a single housekeeping unit. "Family" also includes domestic servants and not more than two boarders or lodgers. 2.29 FARM Shall mean land used for the tillage of soil and the growing of vegetables, fruits, grains or other staple crops and includes livestock raising-, dairying or woodlots. 2.30 FARM , SPECIALIZED Shall mean land on which the predominant economic activity consists of raisilig swine, chickens , turkeys or other fowl , the intensive Feeding of cattle in a conf 1.rled ar.ca , tliu raising of fur bearing animals, the raising or boarding, of dogs or cats or the growing of mushrooms. 2.31 FARM PRODUCE RETAIL OUTLET Shall mean a use, accessory to a farm, which consists of the retail sale of agricultural products produced on the farm. 2. 32 FINANCIAL OFFICE Shall mean the premises of a bank, trust company, finance company, mortgage company or investment company. -16- 2. 33 FINISHED GRADE Shall mean the median elevation between the highest and lowest points of the finished surface of the ground (Measured at the base of a building or structure) but exclusive of any embankment in lieu of steps. 2.34 FLOODPLAIN Shall mean the area below the high water mark of a water- coursef as determined by the Conservation Authority having jurisdiction. 2.35 FLOOR AREA, GROSS Shall mean total floor area, as defined herein, exclusive however of: a. any part of the building or structure below finished grade which is used for heating equipment, the storage or parking of motor vehicles, locker storage and laundry facilities, children's play areas and other accessory uses, or used as living quarters by the caretaker, watchman or other supervisor of the building or structure; and b. enclosed malls when used as a common area between stores. 2.36 FLOOR AREA, GROUND Shall mean the maximum ground floor area of a building measured to the outside walls, excluding, in the case of a dwelling house, any private garage, carport, porch, verandah, sunroom (unless such sunroom is habitable at all seasons of the year) . -17- 2. 37 FLOOR AREA, MANUFACTURING Shall mean that portion of the gross floor area of an establishment which is used for manufacturing purposes but does not include areas used for storage of Finished products or offices. 2.38 FLOOR AREA RATIO Shall mean the quotient of the total floor area as defined herein, exclusive of all cellar floors, divided by the lot area. 2.39 FLOOR AREA, TOTAL Shall mean the aggregate of the horizontal areas of each floor, whether any such floor is above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor. 2.40 FORESTRY Forestry shall mean the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection and production of water supplies, and preservation of the recreation resource. 2.41 FUEL STORAGE TANK Shall mean a tank for the bulk storage of petroleum, gasoline, fuel, oil, gas or flammable liquid or fluid but does not include a container for flammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premises where such tank is located. 2.42 FUNERAL HOME Shall mean a building or structure designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation. 2.43 GARAGE, PRIVATE Shall mean a detached accessory building or portion of a dwelling house which is designed or used for the sheltering of one or more private motor vehicles and storage of house- hold equipment 'incidental to the residential occupancy and which is fully enclosed and rooEed and excludes a carport or other open shelter. 2.44 GOLF COURSE Shall mean a public or private area operated for the purpose of playing golf, and includes a par 3 golf course but does not include driving ranges miniature courses and similar uses. 2.45 GUEST Shall mean a person who contracts for accommodation in a tourist establishment and includes all the members of the person's party. -19- 2.46 GUEST ROOM Shall mean a room or suite of room.,; which contains no facilities for cooking and which is used or maintained for the accommodation of an individual or individuals to whom hospitality is extended. 2.47 HABITABLE ROOM Shall mean a room designed for living, sleeping, eating or food preparation, including a bathroom, den, library, sewing room or .enclosed sunroom but shall not include any private garage, carport, porch, verandah, unfinished attic, unfint .sb-ed- basement or unfinished cellar. 2.48 HEIGHT AND HEIGHT OF BUILDING Shall mean the vertical distance, measured between the finished grade at the front of the building, and a. in the case of a Flat roof, the iiil;hcst point of thr_ roof surface; b. in the case of a mansard roof, the cluck roof line; and c. in the case of a gable, hip or gambrel roof, the mean heights between the eavers and ridge, exclusive of any accessory roof construction such as a chimney, tower, steeple, or television antenna. 2.49 HIGHWAY Shall mean a highway within the meaning of the Highway Traffic Act. -20- 2.50 HOML FOR THE ACED Shall mean a home for the aged within the meaning of The Homes for the Aged Act. 2.51 HOME OCCUPATION Shall mean any occupation conducted for gain or profit within a dwelling unit. This definition may include dressmaking; hairdressing; instruction in arts, crafts , dancing to music to not more than six pupi.s at any one lesson; molding; painting; sculpting; weaving; or the making or repairing of garden or household ornaments, clothing, personal effects or toys. 2.52 HOTEL Shall mean a tourist establishment that consists of one o building or two or moreconnected or adjacent buildings and that throughout all or part of a year cater to the needs of the travelling public by furnishing sleeping accomodation, may or may not be licensed under The Liquor Licence Act, but does not include any other establishment otherwise defined or classified in the By-law. 2.53 LANDSCAPED OPEN SPACE Shall mean the open unobstructed space from ground to sky at grade on a lot accessible by walking from the street on which the lot is located and which is suitable for the growth and maintenance of grass, flowers, bushes and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall , parking area or any open space beneath or within any building or structure. -21- 2.54 LANE Shall mean a public thoroughfare which affords only a secondary means of access to abutting Lots and wllicli is not intended for general traffic circulation. 2.55 LAUNDRY, COIN-OPERATED Shall mean a building or structure where the service of coin-operated laundry machines, using only water, detergents and additives are made available to the public for the purpose of laundry cleaning. 2.56 LAUNDRY ESTABLISHMENT Shall mean a building or structure used for the purpose of collection and distribution of articles or goods of fabric to be subjected to the process of cleaning in which only water and detergents can be used, and the drying, ironing and finishing of such articles are carried on elsewhere at a laundry plant. 2.57 LIQUOR LICENSED PREMISES Shall mean any building structure or premises licenced under The Liquor Licence Board of Ontario. 2.58 LOADING SPACE Shall mean an off-street space on the same lot as the building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, lane or other appropriate means of access. -22- 2.59 LOT Shall mean a parcel of land which is capable of being legally conveyed in accordance with the provisions of Section 29 of The Planning Act. (R.S.,O. 1970) 2.60 LOT, CORNER Shall mean a lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contain an angle of not more than one hundred and thirty-five (135) degrees and where such adjacent sides are curved the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that: a. in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents; and b. any portion of a corner lot distant more than one hundred (100) feet from the corner measured along the street line shall be deemed to be an interior lot. 2.61 LOT INTERIOR Shall mean a lot other than a corner lot. 2.62 LOT THROUGH Shall mean a lot bounded on two opposite sides by streets. -23- 2.63 LOT AREA Shall mean the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water or marsh. 2.64 LOT COVERAGE Shall mean that percentage of the lot area covered by the perpendicular vertical projection of the area of all buildings onto a horizontal plane. 2.65 LOT DEPTH Shall mean the horizontal distance between the front and rear lot lines . If the front and rear lot lines are not parallel, "lot depth" means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth" means the length of a straight line joining the middla of the front lot line with the apex of the triangle formed by the side lot lines. 2.66 LOT FRONTAGE Shall mean the horizontal distance between the side lot lines, such distance being measured perpendicularly to the line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines and at a point therein distant 25 feet from the front lot line. -24— 2.67 LOT LINE Shall mean any boundary of a lot or the vertical projection thereof. 2.68 LOT LINE, FRONT Shall mean in the case of an interior lot, the line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side lot line. In the case of a through lot, the lot line where the principal acces to the lot is provided shall be deemed to be the front lot line. In the case of a lot fronting on a navigable waterway, the shorter lot line directly adjacent to the navigable waterway. 2.69 LOT LINE, REAR Shall mean the lot line farthest from and opposite to the front lo't line. 2. 70 LOT LINE, SIDE Shall mean a lot line other than a front or rear lot line. 2.71 MANUFACTURING OR PROCESSING PLANT Shall mean a plant in which the process of producing a product suitable for use, by hand and/or mechanical power and machinprvis dried on systematically with division of labour. -25- 2. 72 MARINA Shall mean a building, structure or place, containing docking facilities and located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. 2.73 MEDICAL CLINIC Shall mean a building or structure where eiembers of the medical profession, dentists, chiropractors, osteopaths, and physicians or occupational therapists, either singularly or in a union provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, coffee shop, consultation, X-ray and minor operating rooms , and a dispensary, providing that all such uses have access only from the interior of the building, and shall not include any other establishment otherwise defined or classified in this By-law. 2. 74 MOTEL Shall mean a tourist establishment that consists of one or more than one building containing more than one rental unit for the purpose of catering to the travelling public, to whom the motor vehicle is the principal means of trans- portation, by furnishing sleeping accommodation with or without meals, may include permanent staff accommodation and may or may not be licenced under the Liquor Licence Act, but does not include any other establishment otherwise defined or classified in this By-law. -20- 2. 75 MOTEL, HOUSEKEEPING UNIT Shall mean a tourist establAshment that consists of one or more than one building containing more than one rental dwelling unit, designed or intended for the purpose of catering to the travelling or vacationing public throughout all or part of the year and may include permanent staff accommodation, but does not include any other establishment otherwise defined, or classified in this By-law. 2.76 MOTORIZED MOBILE HOME Shall mean any motor vehicle so constructed as to be self- contained, self propelled unit, capable of being utilized for the living, sleeping or eating accommodation of persons. 2.77 MOTORIZED SNOW VEHICLE Shall mean a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act. 2.78 MOTOR VEHICLE Shall mean an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of The Highway Traffic Act. -27- 2.79 MOTOR VL111CLL 11001' S110N Shall mean a building or structure used for the painting or repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be towing service and motor vehicle rentals for customers while motor vehicle is under repair, but shall not include any other establishment otherwise defined or classified in this By-law. 2.80 MOTOR VEHICLE, COMMERCIAL Shall mean any commercial motor vehicle within the meaning of The Highway Traffic Act. 2.81 MOTOR VEHICLE DEALERSHIP Shall mean a building or structure where a franchised dealer displays new motor vehicles for sale or rent and in conjunction (As amended by with which there may be used motor vehicle sales, a motor By-law 80-4) vehicle repair garage, or a motor vehicle body shop, but shall not include any other establishment otherwise defined or classified in this By-law. 2.82 MOTOR VEHICLE GASOLINE BAR Shall mean one or more pump islands, each consisting of one or more gasoline pumps, and a shelter having a floor area of not more than 25 square feet, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles, but shall not include any other establishment otherwise defined or classified in this By-law. -28- 2.83 MOTOR VEHICLE RENTAL Shall mean a building or structure where motor vehicles are kept for rent, lease or hire under agreement for compensation. 2.84 MOTOR VEHICLE REPAIR GARAGE Shall mean a building or structure where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust system, repair of the electrical system, transmission repair, brake repair, radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical (As amended by repairs or similar use and in conjunction with which there By-law 80-4) may be a towing service, and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired, but shall not include any other establishment otherwise defined or classified in this By-law. 2.85 MOTOR VEHICLE SALES, USED Shall mean an establishment, with or without a building where used motor vehicles are displayed for sale, but shall not include any other establishment otherwise defined or classified in this By-law. -29- 2.86 MOTOR VEHICLE SERVICE STATION Shall mean a building or structure where gasoline, oil grease, anti-freeze, tires, tubes, tire accessories, electric light bulbs, spark-plugs, batteries and automotive accessories for motor vehicles, and new retail goods are stored or kept for sale to the general public, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed. 2.87 MOTOR VEHICLE WASH, AUTOMATIC Shall mean a building or structure containing facilities for washing motor vehicles for compensation either using pro- duction line methods and mechanical devices or by a self- service operation, but does not include any other motor vehicle extablishment herein defined where car washing is done only as incidental to the principal operation. 2.88 NAVE Shall mean that portion of a church or place of worship where the congregation assembles during normal services and which is generally located between the chancel and the vestibule or narthex. 2.89 NON-CONFORMING Shall mean the use of land, building or structure which does not comply with one or more provisions of the 6y-law for the zones in which such land, building or structure is located. -30- 2.90 NON-RESIDENTIAL Shill mean when irr;ed to ribe n ua;c, hni Icliiry; car ntructur.c, a commercial or industrial business or public or institutional use, building or structure permitted by the lay-law. 2.91 NOXIOUS Shall mean when used with reference to any use of land, building or structure, a use which, from its nature, or from the manner of carrying on same, creates or is liable to create, by reason of destructive gas or fumes, dust, objectionable odour, noise or vibration or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other material, a condition which may become hazardous or injurious as regards health or safety or which prejudices the character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use of land, building or structure. 2.92 NURSERY SCHOOL Shall mean a day nursery operated for pre-school age children within the meaning of the Day Nurseries Act. (R.S.O. 1970) 2.93 NURSING HOME Shall mean a building other than a hospital or clinic in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, provides nursing, medical or similar care and treatment, if required, and includes ,a -3:- . rest home or convalescent home, but does not include any other establishment otherwise defined or classified in this By-law. 2.94 OPEN STORAGE AREA Shall mean land used for the outside storage of equipment, goods or materials. This definition shall not include a storage use located in a building, a salvage yard, a parking area, a loading space, or a parking space. 2.95 PARK, PRIVATE Shall mean any open space or recreational area, other than a public park, owned and operated or maintained in whole or in part for profit by a private club or fraternal organization for members only, and may include therein one or more swimming, wading and boat facilities, picnic area, ski area, gardens or refreshment rooms. 2.96 PARK, PUBLIC Shall mean any open space or recreational area, owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario or the Dominion of Canada and may include therein neighbourhood, community, regional and special parks or areas and may include one or more athletic fields, field houses, community centres , bleachers , swimming pools, greenhouses, botannical gardens , zoological gardens, band- stands, skating rinks, tennis courts, bowling greens , boat liveries, bathing stations, curling rinks , refreshment rooms, fair grounds, arenas, tent or trailer camp or park, golf courses, or similar uses. -32- 2.97 PARKING AREA Shall mean an area or structure provided for the parking of motor vehicles and includes aisles having a minimum width of 18 feet, parking spaces having a minimum width of 10 feet, and related ingress and egress lanes, but shall noL include any part of a public street. "Parking Area" may include a private garage or carport. 2.98 PARKING LOT Shall mean any parking area other than a parking area accessory to a permitted use and located on the same lot therewith. 2.99 PARKIN,7 SPACE Shall mean an area of not less than 20 feet long and 10 feet wide, exclusive of any aisles , ingress or egress lanes, for the temporary parking or storage of motor vehicles , and may include a private garage or carport. 2. 100 PERSON Shall mean any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 2. 101 PLACE OF ENTERTAINMENT Shall mean a motion picture or other theatre, auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall or music hall; but does -33- not include any place of entertainment or amusement other- wise defined or classified in this By-law. 2.102 PLACE OF WORSHIP Shall mean a building dedicated to religious worship and includes a church, synagogue or assembly hall and may include such accessory uses as a nursery school, a school of religious education, convent, monastery or parish hall. 2.103 PRIVATE HOSPITAL Shall mean a private hospital within the meaning of The Private Hospital Act. 2.104 PROVINCIAL HIGHWAY Shall mean a street under the jurisdiction of the Ministry of Transportation and Communications. 2.107 PUBLIC USE Shall mean a building, structure, or lot used for public services by the Corporation or the Region, any local Board (As amended by of the Corporation or the Region, any Conservation Authority By-law 80-4) established by the Government of Ontario, any Authority, Board, Commission or Ministry, including Ontario Hydro established under any statute of Ontario or Canada, or any telephone or telegraph company. 2.106 PUBLIC LIBRARY Shall mean a public library within the meaning of the Public Libraries Act. -34- 2. 107 REGION Shall mean the Corporation of the Regional Municipality of Durham. 2. 108 REGIONAL ROAD Shall mean a road under the jurisdiction of the Corporation of the Regional Municipality of Durham. 2. 109 RENTAL AGENCY Shall mean a building or part of a building or structure in which articles are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. 2. 110 RETAIL GASOLINE ESTABLISHMENT Shall mean a building or structure where gasoline is sold at retail to the public as a principal or incidental operation. 2. 111 SALVAGE YARD Shall mean an establishment or premises where bones , bottles, hides, junk, rags, scrap metals, wrecked vehicles or parts therefrom are stored wholly or partly in the open. 2. 112 SANITARY SEWER Shall mean an adequate system of underground conduits, operated either by the Corporation or by the Ministry of the Environ- ment, which carries sewage to an adequate place of treatment which meets with the approval of the Ministry of the Environment. -35- 2. 113 SCHOOL Shall mean a school under the jurisdiction of a Board as defined in the Department of Education Act. 2. 114 SERVICE SHOP Shall mean a building or part of a building, not otherwise defined or classified herein, and whether conducted in con- junction with a retail store or not, for the servicing or repairing of articles, goods or materials. 2. 115 SIGN Shall mean a sign within the meaning of the Corporation's Sign By-law. 2. 116 SEWAGE TREATMENT PLANT Shall mean an area where sanitary and other liquid wastes are treated and disposed of for discharge into a receiving body after being processed in the treatment plant. 2. 117 STOREY Shall mean the portion of a building, other than an attic or cellar, included between any floor level and the floor, ceiling or roof next above it. 2. 118 STOREY, FIRST Shall mean the lowest storey of a building closest to finished grade having its ceiling 6 feet or more above average finished grade. -36- 2. 119 STOREY, ONE-HALF Shall mean the portion of a building; situated wholly or in part within the roof and having its floor level not lower than 4 feet below the line where roof and outer wall meet and in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 7 feet 6 inches over a floor area equal to at least 50 percent of the area of the floor next below. 2. 120 STORM SEWER Shall mean a sewer which carries storm sewage or surface runoff but excludes any combined or sanitary sewers. 2. 121 STREET OR ROAD Shall mean a public street or road for vehicles which affords the principal means of access to abutting lots, but does not include a lane or private right-of-way. 2. 122 STREET, IMPROVED PUBLIC Shall mean a street or road assumed by the Corporation which has been constructed in such a manner so as to permit its use by normal vehicular traffic. 2. 123 STREET LINE Shall mean the limit of the street or road allowance and is the dividing line between a lot and a street or road. 2. 124 STRUCTURE Shall mean anything constructed or erected, the use of which required location on the ground, or attached to some- thing having location on the ground and, without limiting -37- the generality of the foregoing, includes a vehicle as defined in The Highway Traffic Act. fledges or fences of wood, wire or masonry construction which have decorative purpose only and which serve no structural purpose shall not be considered structures when calculating front, rear and side yard depth." 2. 125 TAXI OFFICE AND WAITING ROOM Shall mean a building or premises where chauffered automobiles are kept for hire by the public. 2. 126 TENT Shall mean every kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easity moved. 2. 127 TOURIST CAMP OR PARK i Shall mean and include a motor vehicle camp and any parcel of land or premises used or maintained for the accommodation of the public and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental of use thereof. 2. 128 TOURIST HOME Shall mean a private dwelling that is not part of or used in conjunction with any other tourist establishment and in which there are at least five rooms for rent to the tra- velling or vacationing public, whether rented regularly, seasonally or occasionally. -38- 2. 129 TRAILER Shall mean any vehicle that is at any time drawn upon a highway by a motor vehicle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn, EXCEPT an implement of husbandry, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarilv drawn, propelled or moved upon such highway. 2. 130 TRAILER, MOBILE CAMPER Shall mean any vehicle in which the assembly can be erected, while stationary', using the trailer body and related components for support and utilized for living, shelter and sleeping accommodation, with or without cooking facilities, which is collapsible and compact while being drawn by a motor vehicle. 2. 131 TRAILER, MOBILE HOME Shall mean any vehicle so constructed as to be suitable for attachment to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. 2. 132 TRUCK CAMPER Shall mean any unit so constructed that may be attached upon a motor vehicle, as a separate unit, and capable of being utilized for the living, sleeping or eating accommodation of persons. -39- 2. 133 TRUCK TERMINAL Shall mean a building, structure or place where trucks or transports are rented, leased, kept for hire, or stored or parked for remuneration, or from which trucks or transports, stored or parked on the property, are despatched for hire as common carriers or which is a bonded or sufferance warehouse. 2.134 USE Shall mean, when used as a noun, the purpose for which a lot or building or structure, or any combination thereof is designed, arranged, intended, occupied or maintained and "USES" shall have a corresponging meaning. "USE", when used as a verb, or "TO USE" shall have a corresponding meaning. 2.135 WATERCOURSE Shall mean the natural channel for a perennial or intermittent stream of water. 2. 136 WATER FRONTAGE Shall mean a piece of land fronting on and providing access to a watercourse, bay or lake. 2. 137 WATER SUPPLY Shall mean an adequate distribution system of underground piping and related storage, including pumping and purification appurtenances operated by the Region and/or the Ministry of the Environment and/or any public utilities commission for public use. -40- 2. 138 WATER SUPPLY PLANT Shall mean a building or structure, approved by the Ministry of the Environment where water is treated for human con- sumption. 2. 139 WELL Shall mean an underground source of water which has been rendered accessible by the drilling or digging of a hole from ground level to the water table and may include a private piped system from a surface water source. 2. 140 WORKSHOP Shall mean a building or structure where manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop, or similar uses. 2. 141 YARD Shall mean a space, appurtenant to a building or structure, located on the same lot as the building or structure and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in the By-law. 2. 142 YARD, FRONT Shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. -41- 2. 143 YARD, FRONT DEPTH Shall mean the least horizontal dimension between the front lot line of the Lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. 2. 144 YARD, REAR Shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. 2. 145 YARD, REAR DEPTH Shall mean the least horizontal dimension between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. 2. 146 YARD, REQUIRED Shall mean the minimum yard required by the provisions of this By-law. 2. 147 YARD, SIDE Shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest , part of any building or structure on the lot, or the nearest open storage use on the lot. 2. 148 YARD, SIDE, EXTERIOR Shall mean a side yard immediately adjoining a public street. 2. 149 YARD, SIDE, INTERIOR Shall mean a side yard other than an exterior side yard. 2. 150 YARD, SIDE, WIDTH Shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. 2. 151 ZONE PROVISIONS The permissible uses, the minimum area and dimensions of lots, the minimum dimensions of yards, the maximum floor area ratio, the minimum setback, gross floor area, the minimum landscaped open space, the maximum height of buildings, minimum parking requirements , and all other zone provisions are set out within this I3y-law for the respective zones. e I -43- SECTION 3 GENERAL PROVISIONS The contents of this Section are: SUBSECTION 3. 1 ACCESSORY BUILDINGS, STRUCTURES AND USES 3.2 DWELLING UNITS BELOW GRADE 3.3 ESTABLISHED BUILDING LINE IN BUILT-UP AREA 3.4 EXTERNAL DESIGN 3.5 FLOODPLAIN 3.6 FRONTAGE ON PUBLIC STREET 3.7 GREATER RESTRICTIONS 3.8 HEIGHT EXCEPTIONS 3.9 HOME OCCUPATION 3. 10 ILLUMINATION 3. 11 LOADING SPACE REQUIREMENTS 3. 12 LOTS HAVING LESS AREA AND/OR FRONTAGE 3. 13 EXISTING BUILDINGS, STRUCTURES AND USES 3. 14 NOXIOUS TRADE 3. 15 PARKING AREA REGULATIONS 3. 16 PLANTING STRIPS 3. 17 PUBLIC USES 3. 18 REDUCTION OF REQUIREME`JTS 3. 19 SIGHT TRIANGLES 3.20 SIGNS 3.21 SPECIAL USES PERMITTED 3.22 THROUGH LOTS 3.23 TRAILERS, MOBILE HOMES AND CAMPERS -44- 3. 1 ACCESSORY BUILDINGS STRUCTURES AND USES a) Where this by-law provides that a Lot may be used or a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure or accessory use, but shall not include the following: i) any occupation for gain or profit conducted within or accessory to a dwelling unit or on the lot, except as in this By-law is specifically permitted, or, ii) any building used for human habitation except as in this By-law is specifically permitted, iii) an open storage area b) LOCATION - Except as otherwise provided herein, any accessory building, or structure which is not part of the main building shall be erected to the rear of the front yard and shall comply with the yard and setback requirements of the Zone in which such building or structure is situated. c) LOT COVERAGE AND HEIGHT The total lot coverage of all accessory buildings and structures shall not exceed 5 percent of the lot area, nor, shall the height of any accessory building or structure exceed 15 feet. d) ACCESSORY STRUCTURES Notwithstanding the yard and setback provisions of this By-l;iw to the contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining walls, fences which comply with the Corporation's Fence By-law, signs which comply with the Corporation's Sign By-law, or similar uses shall be permitted in any required yard or in the area between the street line and the required setback. - 45 - e) FIRE ESCAPES Notwithstanding; the yard :.ind setback provish)iis of this 1",/-I;iw to the contrary, unencl.osed fire escapes, in which thu st;iir slops ;111(1 floors are Latticed in such a manner that the proportion ;,f voids to !:;oli.ds is not less that two to one and in which guards consist of hand r.aiLs and the structural members necessary to their support, may project into any required yard a maximum distance of 4 feet. f) GARAGES OR OTHER ACCESSORY BUILDINGS OR STRUCTURES :Notwithstanding any other provisions of this By-law to the contrary, an attached or detached private garage or other accessory building may be erected and used in an interior side or rear yard provided that: i) INTERIOR SIDE YARD When such accessory' building is located in an interior side yard it shall not be closer that 4 feet to the interior side Lot line, EXCEPT where a common semi-detached garage is being erected simultaneously on both sides of the lot line, as one building, in which case no interior side yard to the accessory building is required. ii) REAR YARD When such accessory building is located in a rear yard it shall not be closer than 4 feet to the interior side lot line or rear lot line, EXCEPT, where a common semi-detached garage is being erected simultaneously on both sides of the interior lot line as one building in which case no interior side yard to the accessory building is required. iii) REAR YARD 14ITH LANE ACCESS When such accessory building is located in a rear yard it shall not be closer than 4 feet to the interior side lot line or rear lot line, EXCEPT, where a single detached private garage is being erected , with directed access from a lane, in which case the structure sha1L not be located closer than 4 feet to the interior side Lot Line and 8 feet to the -46- rear lot line, or EXCEPT where a common semi.-d(Arn(: ied gar.nge is herog erected simultaneously on both sides of the interior Lot line, ;is one building, with direct access from the .Lane, in which case no interior side yard is required, but the structure shall not be located closer than 8 feet to the rear lot line. iv) RELATION TO STREET All accessory buildings shall comply with the setback provisions applicable to the principal or main building on the lot. g) GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial Zone, a gate house shall be permitted in a front or side yard or in the area between the street line and the required setback. h) ORNAMENTAL STRUCTURES Notwithstanding the yard and setback provisions of this By-law to the- contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or other ornamental structures may project into nny r.equirod ynr.d or the area between the street line and the required setback a maximum distance of 2 feet. i). RAIL:JAY SPUR IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an Industrial Zone, a railway spur shall be permitted within any required side or rear yard. j) UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS Notwithstanding the yard and setback provisions of this By-Law to the contrary, unenclosed porches, hrilconLes, steps and patios, covered or uncovered, may project into any required yard a maximum distance of 5 feet, provided that in the case of porches, steps or pr.it Los such uses are not more than 6 feet above grnde. When located in ;in interior side :;ir,° it shall not be closer than 4 feet to the interior sLde Lot line. -47- 3. 2 DWELLING UNITS BELOW GRADE a) CELLAR No dwelling unit shall, in its entirety, be located in a cellar. If any portion of a dwelling unit is located in a cellar, such portion ()f the dwelling unit shall be used as a furnace room, Laundry room, storage room, recreation room or for a similar use only. b) BASEMENT / However, a dwelling unit, in its entirety, may be located in a basement, provided the finished floor level of such basement is not below the level of the sanitary or storm sewer serving the building or structure in which such basement is located and provided further, that the floor level of such basement is not more than 2 feet below the adjacent finished grade. 3.3 ESTABLISHED BUILDING LINE IN BUILT-UP AREA Notwithstanding the yard and setback provisions of this By-law to the contrary, where a permitted building or structure is to be erected on a lot in a built up area, where there is an established building; line extendin^ on both sides of the lot, such permitted building or structure may be erected closer to the street line, or the centreline of the street as the case may be, than required by this by-law provided such permitted building or structure is not erected closer to the street line or the centreline of the street, as the case may be, than the established building line on the date of passing of this By-law. 3.4 EXTERNAL DESIGN The following building materials shall not be. used for the exterior vertical facing on any wall of any residential building or structure within the Corporntion: a) building paper; b) asphalt roof-type sideing; or c) insul brick siding. —48— 3.5 FLOOD PLAIN NO person shall use any lot br eruct, niter or use nny building or structure In a Flood PkIIn for ;lily purport, n }%nll ,•uor;tr, ;i �,nrl< in}, lot , ;i private park, a public park, where such uses are permitted by this By-law or a public use in accordance with the provisions of Section 3. 17 Hereof, except that the provisions of this subsection shall not apply to prevent the use of land in the RU Zone for normal agricultural production, exclusive of dwellings. 3.6 FRONTAGE ON PUBLIC STREET No person shall erect any building or structure in any Zone, unless the lot upon which such building or structure is to be erected fronts upon an improved public street, and further, that such building or structure complies with the setback provisions of this By-law. 3. 7 GREATER RESTRICTIONS This by-law shall not be effective to reduce or mitigate any restrictions law- fully imposed by a governmental authority having; jurisdiction to make such restrictions. 3.8 HEIGHT EXCEPTIONS Notwithstanding the height provisions herein contained, nothing in this By-law shall apply to prevent the erection, alteration, or use of the following; accessory buildings or structures provided the main use is a use permitted within the zone in which it is located; a church spire, a belfry, ;I flag pole, a clock tower, a chimney, a water tank, a windmill, a radio or television tower or antenna, air conditioner duct, grain elevator, a barn or silo , incidental equipment required for processing and externn1. equipment nssorinted with internal building equipment. -49- 3.9 HOME OCCUPATION The following; regulations apply to n clwuLl illy; 1111i whurc•in ;i Icomo occ:upatic,n it-; permitted: a) No person other than a member of the family, is engaged Ln canvassing, delivering, or as a go-between in distributing merchandise to customers. b) There is no display, other than a legal sign, to indicate to persons outside, that any part of the dwelling house, unit or lot is being used for a purpose other than residential. c) Such home occupation is clearly secondary to the main residential use and does not change the residential character of the dwelling house or unit nor create or become a public nuisance, in particular, in regard to noise, traffic or parking. d) Such home occupation does not interfere with television or radio reception of others in adjacent buildings or structures. e) Not more than 25 percent of the gross floor area of the dwelling house or unit is used for the purposes of home occupation. f) Such home occupation shall not include a medical clinic, a private hospital, a nursing home, an eating establishment or an animal hospital, but shall include a business or professional office. 3. 10 ILLU111INATION Lighting Eixtures designed for exterior illumination shall be installed with the light directed downward and deflected away from adjacent lots. 3. 11 LOADING SPACE REQUIREMENTS a) Loading or unloading spaces are required under this By-taw, in accordance with the Loading Space Requirement Table, and the owner of every building or structure erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials shall provide and maintain on the lot loading and ,,nloading spaces accordingly. Each loading or unlba Jing space shall be 30 feet long;, 12 feet wide and have a vertical. cle:irnnce of at least -50- 14 feet. In addition, adequate space on the lot shall he provided for the parkin; of vehicles awaiting access Lo thy loading or unloading spaces. LOADING SI'A(:I-; KI.UIiIIlI;^ll;�!'I' 'I'AL'I,I; Area of Building Loading Space 3,000 sq.ft. or less 1 space Exceeding 3;000 sq. ft. but not 25,000 sq. ft. 2 spares Exceeding 25,000 sq.ft, but not 80,000 sq. ft. 3 spaces Exceeding 80,000 sq. ft. 3 spaces plusl ad(jjGional space for each additional 100,000 sq .ft. or fractional part thereof in excess of 80,000 sq. ft. b) ACCESS Access to loading or unloading spaces shall be by means of a driveway at least 20 feet wide contained on the lot in which the spaces are located and leading to a street or lane located within the Zone in which the use is located. c) LO.oING SPACE SURFACE The driveways, loading and unloading spaces shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being; used, he constructed of crushed stone, slag, gravel, crushed brick (or tile) , cinders, asphalt, concrete, or Portland cement binder and with provisions for drainage facilities. d) LOCAT i ON The loading space or spaces required shall be located in the interior side or rear yard unless such space or spaces are set back from the street line a minimum distance of 100 feet. e) ADDITIONS TO BUILDINGS The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this by-law so long as the floor area, as it existed at such date, is not increased. if an addition is made to the building or structure which increases the floor area, Lhen odd i t i onn 1 loading space. shn 1 l be provided As rptlu i red by p:i r:gtr:tld, ( A this subsection for such addition. -51- f) EXCEPTION The provisions (a) of this subsection shall not apply to require the establishment of loading spaces in the C3 'Lone located along King Street between Baldwin and Beaver Streets. 3. 12 LOTS HAVING LESS AREA AND/OR FRONTAGE Where a lot having a lesser lot area and/or lot frontage than required herein is held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry or hand Titles Office, • at the date of the passing of this by-law or where such a lot is created as a result of an expropriation or the conveyance of land to an authority with corporation powers. Such smaller lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other requirements of this by-law are complied with. 3. 13 EXISTING BUILDINGS, STRUCTURES AND USES a) CONTINUATION OF EXISTING USES The provisions of this by-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this by-law if such lot building or structure was lawfully used for such purpose on the date of passing of this by-law, so long as it continues to be used for that purpose. b) PERMITTED EXTERIOR EXTENSION A building, which at the date of passing of this by-law, was used For a purpose not permissible within the Zone in which it is located, shall not be enlarged, entended, reconstructed or otherwise structurally altered, unless such building is thereafter to be used for a purpose permitted within such Zone, and complies with all requirements of this By-law for such Zone. c) PERMITTED INTERIOR ALTERATION The interior of any building lawfully used on the date of passing of this By-law for a use that is not permitted within the Zone that such building is located may be reconstructed or Structurally altered , in order to render -52- the same more convenient or commodious for the s;une purpose for which, nt the passing of this By-law, such buLW Lng was used. d) 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 or part thereof, lawfully used on the date of passing of this By-Law, provided that the strengthening or restoration does not increase the building height, size or volume or change the use of such building or structure. e) RECONSTRUCTION OF DAMAGED EXISTING BUILDINGS OR STRUCTURES Nothing in this By-law shall apply to prevent the reconstruction of any lawfuly non-conforming building or structure which is damaged by causes beyond the control of the owner provided th;lt the reconstruction does not increase the building height, size or volume or change the use of such building or structure. f) BUILDING PERMIT ISSUED The provisions of this By-law shall not apply to prevent the erection or use, for a purpose prohibited by this Iiv-l;iw, of any bill Ldin;' or. structure, the plans for which have prior to the date of passing of this By-Law been approved by the 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 date of the passing of this By-law and such building or structure is completed within two years after the erection thereof is commenced. g) CHANGE OF USE The use of a lot, building or structure which under the provisions hereof is not permissible within the Zone in which such lot, building or structure is located shall not be changed, except to a conforming use or to a use that is similar to the purpose for which it was used or Ls more compatible with the uses permitted by this By-law than the purposo for which Lt was used at the date of the passim; of this By-Law, wLth the permission of the -53- Town of Newcastle Committee of Adjustment. h) SPECIAi. EXPMPTION Nothingin this by-law shall apply to prevent the completion and contLnued use of any buildings or structures located on the subject Lands shown as "Special Exemption" on Schedule "A" of this By-law provided that: i) such buildings and structures were in existence or under construction on June 25, 1974; ii) such buildings and structures are provided with sanitary facilities approved by the Durham Regional. Health UnLt ; iii) no building or structure is used for human habitation; iv) the owner of the subject lands has entered into an agreement with the Town of Newcastle which is registered on title to the effect that he will not cause or permit any further development of the subject Lands to take place except in accordance with a subsequent agreement to be entered into under the provisions of Section 35A of the Planning Act. -54- 3. 14 NOXIOUS TRADE No use shall be permitted which from its nature or the mriLurin[s used therein is declared by the Local Board of Health or Council of the Corporation to be a noxious trade, business or manufacture under The Public Health Act or Regulations thereunder, Chapter 377, R.S.O. 1970 as amended. 3. 15 PARKING AREA REGULATIONS a) PARKING AREA REQUIREMENTS Parking spaces and areas are required under this By-law, in accordance with the following Parking Space Requirement Table, and the owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time parking spaces and areas accordingly. PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE MINIMUM OFF-STREET PARKING REOUIREiEN'TS Apartment Dwelling [louse 1 .5 Parking Spaces per Dwelling; Unit Assembly Hall, Place of The greater of: (a) 1.0 parking spaces per 6 fixed seats Entertainment or fraction thereof. (b) 1.0 parking spaces per 100 square feet of gross floor area (c) 1.0 parking spaces for each 4 persons that can be accommodated at any one time Board, Lodging House 1.0 Parking spaces per dwelling unit plus 1.0 parking spaces per guest room Business or Professional Office 1.0 Parking spaces per 200 square feet of gross floor area. Eating Establishment + 1 .0 Parking spaces per 100 square feet of gross floor area. Home for the Aged 1 .0 Parking spaces for each 4 dwelling units or 4 beds or fraction thereof. Hospital 3.0 Parking space per 4 beds or fraction thereof Liquor Licensed Premises 1.0 Parking spaces for each 4 persons that can be accommodated at one time. Manufacturing or Processing Plant 1.0 Parking spaces per 400 square feet of manufacturing floor area. Medical Clinic 6.0 Parking spaces per doctor, plus 1 .0 parking spaces for each room e:<ceeding, 5 rooms per office. Motel + Tourist Establishment + 1 . 2 Parking spaces per guest room. -55- Nursery School 1.0 P;irking spaces per stnff member. Nursing home 1 .0 Parking spaces per 5 buds or fraction thereof. Place 'of Worship 1.0 Parking spaces per 60 square feet of floor area in the naive. Residential, other than listed herein 1 .0 i'arlcing spaces per dwelling unit plus 1.0 parking spaces per guest room. Retail Commercial Establishment, Service Shop 1.0 Parking spaces per 200 square feet of gross floor area. School The greater of: (a) 1. 5 parking spaces per classroom, or (b) 1 .0 parking spaces per 35 square feet of floor area in gym, or (c) 1.0 parking spaces per 35 square feet of floor area in auditorium. Tourist Camp or Park 1.0 Parking spaces for each Tent or Trailer Space. Uses permitted by this By-law other than those listed in this table 1.0 Parking spaces per 400 square feet of gross floor area. Workshop 1.0 Parking spaces per 400 square feet of gross floor area. + In addition to the minimum off street parking requirements for the use permitted, if a Liquor Licenced Premise is contained within a portion thereof then additional parking spaces shall be provided in accordance with the minimum off-street parking requirements for Liquor Licenced Premises. b) PARKING AREA SURFACE Each parking area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall., before being used, be constructed of crushed stone, slag, gravel, crushed brick (or tile) , cinders, asphalt, concrete, Portland cement binder or like material and with provisions for drainage facilities. c) INGRESS AND EGRESS i) Ingress and egress to and from the required parking spaces and areas shall be provided by means of unobstructed driveways or passageways at least 10 feet but not more than 30 feet in perpendicular width. ii) The maximum width of any joint ingress and egress driveway ramp measured I along the street line shall be 30 feet. iii) The minimum distance between any two driveways on one lot or between ri driveway and an intersection of street Lines mu;:sur.ed ;ilc>nt; the street -56- line intersected by such driveway shall be 25 feet. iv) The minimum angle of intersection between a driveway and a street line shall be 60 degrees. v) Every lot shall be limited to the following number of driveways: a) up to the first 100 feet of frontage - not more than 2 driveways with a combined width not exceeding 30 percent of the lot frontage, and b) for each additional 100 feet of f rontny;e - nit more thrul 1 acid i t iolizil driveway. d) MORE THAN ONE USE ON A LOT When a building or structure accommodates more than one type of use, the parking space requirement for the whole building shall be the sum of the requirement for the separate parts of the building occupied by the separate types of use. e) PARKING AREA LOCATION ON LOT Notwithstanding the yard and setback provisions of this By-law to the i contrary, uncovered surface parking areas shrill be permitted in the required yards or in the area between the street line and the required setback as set out below. ZONE YARD IN WHICH REQUIRED PARKING AREA PERMITTED Open Space, Commercial All yards provided that no part of any and Rural parking area, other than a driveway, is located closer than 3 feet to any street line. Residential except an Apartment Interior side and rear yard and one space Dwelling House may be provided in the driveway, provided that no part of any parking area, other than a driveway, is located closer than 3 feet to any street line and provided further that a parking area, other than a driveway, for a Residential use containing three or more dwelling units is located in no other yard that the rear yard. Residential-Apartment All yards, provided that no part of any Dwelling House parking area, other than a driveway, is located closer than 25 feet to any street line and no closer than 10 feet to any side lot line. -57- Lndustrial Interior side and rear yards only, except for visitor parkin[; provided that no part of any parlcinl; area, other than a driveway is located closer than 3 feet to any street Line. f) ADDITION TO BUILDINGS The parking space requirements referred to hereLn shall notapply to any building in existence at the date of passing of this By-law so long as the floor area, AS IT EXISTED AT SUCH DATE, IS NCT INCREASED. If an addition is made to the building or structure which increases the floor area, then parking space for the addition shall be provided as required by the Parking Space Requirement Table. g) USE OF PARKING SPACES AND AREAS Parking spaces and areas required in accordance with this By-law shall be used for the parking of operative, currently licensed vehicles only, and for vehicles used in operations incidental to the permitted uses in respect of which such parking spaces and areas are required or permitted ; provided,however, no person shall use any lot, in any Residential ?.one, for the parkins; or 'storage of more than one of any commercial motor vehicle in excess of tine-hair ton capacity, EXCEPT that one commercial motor vehicle, not exceeding one ton • may be stored in a private garage. h) PARKING SPACE LOCATED ON OTHER LOT Where the owner of a building or structure proposes to provide the required parking spaces and areas in a location other than on the same lot as the use that requiressuch spaces and areas, then such shall be located not more than 500 feet from the said lot and shall be located withLn the same Zone as the said Lot. i) DERELICT MOTOR VEHICLES Derelict motor vehicles, which are unlicensed and/or in disrepair, makLni; their normal use impossible or their repair financially impractical, shall not be parked or stored in any zone other than on the premises where the storage of such vehicles is accessory to a business Lawfully conducted on the premises, provided that no vehicles shall be parked or stored for more than 90 clays. -58- 3. 16 PLANTING STRIPS a) LOCATION Where a lot in a Commercial or Industrial Zone is opposite a Residential 'Lone or abuts a side or rear lot line in a Resi.dentLal Zone, or where a lot in a Commercial or Industrial Zone is opposite a Residential Zone or where an apartment building abuts another residential use of lower density, then a planting strip adjoining such abutting Lot line, or portion thereof, shall be provided on the Commercial or Industrial lot ,jith a minimum width of 10 feet. b) PREREQUISITE Where a planting strip is required on a lot, such lot shall be used for no other purpose than that which existed at the date of passim; of this By-law, unless and until the required planting strip is planted. c) CONTENTS A planting stirp shall consist of at least a continuous unpierced hedgerow of trees, evergreens or shrubs, not less than 6 feet high, immediately adjoining the lot line or portion thereof along which such planting strip is required. d) MAINTENANCE Where a planting strip is required it shall be planted, nurtured and maintained by the owner or owners of the lot on which the strip is located. e) LANDSCAPED OPEN SPACE A planting strip referred to in this subsection may form a part of any landscaped open space required by this By-law. 3. 17 PUBLIC USES a) PUBLIC USE Except as otherwise provided in paragraph (b) of this sUhsuction, provisions of this By-law shall not apply to the use of any lot or the erection or use of any building or structure for the pruposes of a Public Use. b) LOCATION i) SPECIFICALLY PERMITTED Where in this By-law under the heading of "PERMMITTED USE'S [N zoNNES" :1 -59- public use is specifically permitted within a Zone, then such use shall only be permitted within that Zone- or Zones. i ii) NOT SPECIFICALLY PERMITTED Where, in this By-law a public use is not specifically referred to in any Zone, then such public use shall be permitted in any Zone. c) PROVISIONS Where such lot, building or structure is located in any Zone for a public use, then the following shall apply: i) no goods, material or equipment shall be stored in the open, except as permitted in such zone. ii) any Zone Provisions of the Zone in which the use is located shall be complied with except as otherwise provided in paragraph (d) . d) STREET AND INSTALLATIONS (As Amended by By-law 80-4) Nothing in this By-law shall prevent land to be used as a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipe line or overhead or underground hydro, telephone or other supply and/or communication line, provided that the location of such main or line has been approved by the Corporation. However, Council approval shall not be required for any power transmission line to be erected by Ontario Hydro, provided that such a line has been authorized pursuant to the provisions of the Environmental Assessment Act, 1975. 3.18 REDUCTION OF REQUIREMENTS No person shall change the purpose for which any lot or building is used, or erect any building, or structure, or addition to any existing building, or sever any lands from any existing lot if the effect of such action is to cause the original, adjoining remaining or new building or lot to be in contravention of this By-law. 3.19 SIGHT TRIANGLES On a corner lot, within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 30 feet measured along the street line from the point of intersection of the street lines no building or structure which would cn obstruct the vision of drivers of motor vehicles shall. be erected and no land shall be used for the purposes of growin;, rflhruh.s or trcus in e cesr; oC 3 feet in height. Such triangular space m.-.-iv hereinafter be called "sight triangle". Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. The requirements of this subsection shall not apply to the C3 zone. 3. 20 SIGNS The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign provided such sign complies with the By-laws of the Corpora- tion regulating signs. 3.21 SPECIAL USES PERMITTED A tool shed construction trailer, scaffold or other building or structure incidental to construction is permitted in all Zones within the Corporation on the lot where it is situated and only for so long as it is necessary for the work in progress and until the work is completed or abandoned. For the purpose of this section, abandoned shall mean the Failure to proceed expedi- tiously with the construction work. 3.22 THROUGH LOTS Where a lot which is not a corner lot has frontage on more than one street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of the Zone or Zones in which such lot is located. 3. 23 TRAILERS, MOBILE HOMES AND CAMPERS a) PARKING AND STORAGE The parking and storage of trailers, mobile homes, motorized mobile Homes, truck campers and camper trailers shall be prohibited in all zones, EXCEPT where such vehicle is parked or stored on the owner's tot or where, in this Gv-law, such use is specilically permitted . -61- SECTION 4 ZONES AND ZONE PROVISIONS 4. 1 ZONE CLASSIFICATION (As Amended by By-law 80-4) For the purpose of this By-law, all lands within the Zoned Area are divided into zones and are classified as follows: ZONE SYMBOL Open Space Zone OS Rural Zone RU Rural Residential Zone RR Residential Type 1A Zone R1A Residential Type 1 Zone Rl Residential Type 2 Zone R2 Residential Type 3 Zone R3 Community Facility Zone CF Local Commercial Zone C1 Highway Commercial Zone C2 General Commercial Zone C3 Recreational Commercial Zone C4 Restricted Industrial Zone M1 General Industrial Zone M2 Waste Disposal Industrial Zone M3 4. 2 PERMITTED USES AND ZONE PROVISIONS For each zone listed in Section 4(1) hereof, there shall be a section of this By-law which sets out the permitted uses and the zone provisions [or such zone. -62- SECTION 5 OPEN SPACE (OS) ZONE 5. 1 PERMITTED USES No person shall within any OS Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following OS use, namely: (a) RESIDENTIAL USES A single family dwelling house, if occupied by the owner, caretaker. , watchman or other similar person and his family, if employed on the lot on which such dwelling house is located. (b) NON-RESIDENTIAL USES • farm • golf course • marina • public park i r 5.2 ZONE PROVISIONS No person shall within any OS 'Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) residential uses on fully serviced interior lot 6,000 sq. ft. (ii) residential uses on fully servied corner lot 8,400 sq. ft. (iii) residential uses on public water and septic tank or private wells and sanitary sewers 12,000 sq.ft. (iv) residential uses on private well and septic tank 24,000 sq. ft. (v) non-residential uses Nil (b) LOT FRONTAGE (MINIMUM) (i) residential use on fully serviced interior lot 50 ft. (ii) residential use on fully serviced corner lot 70 ft. (iii) residential use on public water and septic tank or private well and sanitary sewers 100 ft. (iv) residential use on private wells and septic tank L20 ft. (v) non-residential uses Nil (c) FRONT YARD (MINIMUM) 25 ft. (d) INTERIOR SIDEYARD (MINIMUM) (i) residential uses 10 feet on one side, 4 feet on the other side, plus 2 feet on the narrow side for each additional or partial storey above the first provided that where ri 4rnr;ige or cnrpurt -63- is attached to or i.s within the main building or the lot is a corner lot, the minimum width of the interior si.deyard shall be 4 feet plus 2 feet for each additional or partial storey above the first. (ii) non-residential uses 25 ft. (iii) public use 20 ft. (e) EXTERIOR SIDEYARD (MINIMUM) 25 ft. (f) REAR YARD (MINIMUM) 25 ft. (g) DWELLING UNIT AREA (MINIMUM) 1,200 sq. ft. (h) FLOOR AREA RATIO (MAXIMUM) (i) residential use on public water and sanitary sewers 0.40 (ii) residential use on public water and septic tank or private well and sanitary sewers 0.20 (iii) residential use on private well and septic tank 0. 10 (iv) non-residential uses Nil (v) public use on public water and sanitary sewers 0.50 (vi) public use on public water and septic tank or private well and sanitary sewers 0.35 (vii) public use on private wells and septic tank 0. 25 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Hi ghway #2. 88 feet c) Regional Road 58 feet (d) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of Lot Area (k) DWELLING UNITS PER LOT (MAXIMUM) 1 (1) BUILDING HEIGHT (MAXIMUM) 35 feet (m) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. 5.3 USES PERMITTED IN OS-1 ZONE The OS-1 Zone is a SPECIAL USE AREA, where all uses in an OS Zone are permitted, except that no permanent buildings or structures are permitted unless for flood control. -64- SECTION 6 RURAL (RU) ZONE 6.1 PERMITTED USES No person shall within any RU Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following RU uses, namely: (a) RESIDENTIAL USES a single family dwelling an existing seasonal dwelling house (b) NON-RESIDENTIAL USES (As Amended by By-law 80-4) • farm • farm produce retail outlet • greenhouse • home occupation • public park 6.2 ZONE PROVISIONS No person shall within any RU zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) residential uses 25 acres (ii) non-residential uses Nil (b) LOT FRONTAGE (MINIMUM) (i) residential uses 660 feet (ii) non-residential uses Nil (c) FRONT YARD (MINIMUM) 25 feet - (d) INTERIOR SIDEYARD (MINIMUM) (i) residential uses 10 feet on one side, 4 feet on the other plus 2 feet on the narrow side for each additional or ?artial storey above the first, provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior sideyard shall be 4 feet plus 2 feet for each additional or partial storey above the first. (ii) non-residential 25 feet (iii) public use 20 feet (e) EXTERIOR SIDE YARD (MINIMUM) 25 feet (f) REAR YARD (MINIIMl) 25 feet -65- (g) DWELLING UNIT AREA (MINIMUM) 1,500 sq. ft. (h) FLOOR AREA RATIO (MAXIMUM) (i) residential uses 0.01 (ii) non-residential uses Nil (iii) public use on public water and sanitary sewers 0.50 (iv) public use on public water and septic tank or private well and sanitary sewer 0. 35 (v) public use on private well and septic tank 0.25 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 88 feet (c) Regional Road 58 feet (d) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) (i) residential uses 5% of lot area (ii) non-residential uses 30% of lot area, except that no landscaped open space is required for farms or specialized farms (k) DWELLING UNITS PER LOT (MAXIMUM) 1 , except that on any lot having an area of at least 100 acres and used primarily for farming, not more than two detached single family dwelling houses, including the farm house, may be erected, altered or used if used only for the accommodation . of persons employed full time on such farm and provided further that any single family dwell- ing house so erected, altered or used shall have a minimum of 20 feet between such dwellings. (1) BUILDING HEIGHT (MA.YIMUM) 35 feet (m) ENLARGING OF FARM Notwithstanding any provisions of this By-law to the contrary, when a farmer enlarges his .farm by acquiring another farm in the Rural Zone and the acquired farm has located thereon a detached single-family dwelling house, then the new owner may make application under Section 29 of the Planning Act, to separate from the enlarged farm a lot on which one of the dwelling houses is located, provided the lot complies with the provisions of this By-law for the RR Zone. -66- (n) EXISTING SINGLE FAMILY DWELLLNGS Notwithstanding any provisions of this By-law to the contrary, nothing shall prevent the continued use of a single family detached dwelling which existed at the date of passing of this By-law,together with any alterations thereto made after the date of passing of this By-law, provided that such alterations or extensions satisfy the minimum provisions for a single family dwelling house in an RR 'Zone, except for lot area, ground floor area and floor area ratio. (o) EXISTING SEASONAL DWELLING HOUSE Notwithstanding any provisions of this By-law to the contrary, nothing shall prevent the continued use of a seasonal dwelling house which existed at the date of passing of this By-law, together with any alterations thereto made after the date of passing of this By-law, provided that such alterations or extensions satisfy the minimum provisions for a single family dwelling house in an RR Zone,except for lot area, ground floor area and floor area ratio. (p) LOTS ABUTTING RU-1 ZONE Notwithstanding any provisions of this By-law to the contrary, no residential use shall be permitted within 1,500 feet of the RU-1 Zone. (q) LOTS ABUTTING M3 ZONE Notwithstanding any provisions of this By-law to the contrary, no residential use shall be permitted within 500 feet of an M3 'Zone. (r) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. 6.3 USES PERMITTED IN RU-1 ZONE A specialized farm, as defined in this By-law, , shall be permitted in lot 30 concession 1 in the RU-1 Zone as delineated on Schedule "A" Zone Map. -67- SECTION 7 RURAL RESIDENTIAL (RR) ZONE 7. 1 PERMITTED USES No person shall within any RR Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following RR uses, namely: (a) RESIDENTIAL USES arsingle family dwelling an existing seasonal dwelling house (b) NON-RESIDENTIAL USES a home occupation 7. 2 ZONE PROVISIONS No person shall within any RR Zone use any lot or erect, alter or •use any builidng or structure except in accordance with• the following provisions: (a) LOT AREA (MINIMUM) (i) lot with public water and septic tank or private well and sanitary sewers z acre (ii) lot with private well and septic tank 1 acre (iii) non-residential uses Nil (b) LOT FRONTAGE (MINIMUM) (i) lot with public water and septic tank or private well and sanitary sewers 120 feet (ii) lot with private well and septic tank 150 feet (iii) non-residential uses Nil (c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINIMUM) (i) residential use 10 feet on one side 4 feet on the other plus 2 feet on the narrow side for each additional or part- j ial storey above the first provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot the minimum width of the interior sideyard shall be 4 feet plus 2 feet for each ndditiotial or pnrti,:i1 storey above the first -68- (i1) public use ZO feet (�) EXTERIOR STDE YARD (�IrNl?111 1'1) 25 1,(,et (f) REAR YARD ( tINIf`tUil) 25 Leet (�) DWELLING UNIT AREA N LN LNMU 1) I , X00 !cry. FL. (h) FLOOD. AREA RATIO (MAXIMUM) (i) residential use 0. 10 (ii) public use on public water and sanitary sewer 0. 50 (iii) public use on public water and septic tank or private well and sanitary sewers 0. 35 (iv) public use on private well and septic tank 0.25 (i) SETBACK FROM STREET CENTRELINE (MIN 1;1UN 1) (a) Highway 401 195 Feet (b) Highway 2 88 feet (c) Regional Road 58 feet (d) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (k) DWELLING UNITS PER LOT (MAXIMUM) 1 (1) BUILDING HEIGHT (MAXIMUM) 35 feet (m) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. i -b9- i 7.3 SPECIAL CONDITIONS (Added by B/L 81 -66) (1 ) RR-1 ; Part of Lot 25, Broken Front Concession Notwithstanding any provisions of this By-law to the contrary, that portion of Lot 25, Broken Front Concession designated 'RR-1 ' on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (a) Permitted Uses (i ) One single family detached dwelling per lot, and structures accessory thereto. (b) Lands Subject to Shoreline Erosion Notwithstanding paragraph 1 (a) hereto, no person shall use, erect, place or alter any building, structure or septic tank on, or alter any lands within, that area defined as being subject to Shoreline Erosion by the Conservation Authority having jurisdiction, being all lands between the high water mark of Lake Ontario and the top of bank of the Lake Ontario Shoreline, as approved by the Conservation Authority having jurisdiction and between the approved top of bank and a line setback 65.0 metrees inland from the top of bank. Lands identified as being susceptible to Shoreline Erosion may be used for erosion control purposes upon approval of the Conservation Authority having jurisdiction. Furthermore, prior to the issuance of building permits for any lands within the defined area, subject of this Special Condition, the written approval of building siting plans shall be required from the Conservation Authority having jurisdiction. (c) Zone Provisions (i ) Lot Area (minimum) 0.8 hectares (ii ) Lot Frontage (minimum) 45.0 metres (iii ) Front Yard (minimum) 15.0 metres (iv) Side Yard (minimum) 6.0 metres (v) Rear Yard (minimum) 65.0 metres from the top of the bank of the Lake Ontario Shoreline as approved by Conservation Authority having jurisdiction. (vi ) Gross Floor Area (minimum) 165.0 square metres (vii ) Building Height (maximum) 10.0 metres SECTION 8 RESIDENTIAL TYPE IA (RIA) 'ZONI-, 8. 1 PERMITTED USES No person shall within any R1A 'Lone use any lot or cruet , alter or use any building or structure for any purpose except one or more of the following; R1A uses, namely: (a) RESIDENTIAL USES a single family dwelling (b) NON-RESIDENTIAL USES a home occupation 8.2 ZONE PROVISIONS No person shall within any R1A Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) residential lot on public water and sanitary sewer 9,000 sq.ft. (ii) residential lot on public water and septic tank 14,400 sq. ft. or private well and -sanitary sewer (iii) non-residential uses Nil (b) LOT FRONTAGE (MINIMUM) (i) `residential lot with public water and sanitary sewers 75 feet (ii) residential lot with public water and septic tank 120 feet or private well and sanitary sewer (iii) non-residential uses Nil (c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINIMUM) (i) residential uses 10 feet on one side, 4 feet on the other side, plus 2 feet on the narrow side for each additional or partial storey above the first, provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or partial storey above. He First (ii) public use 20 feet (e) EXTERIOR SIDE YARD (MINIMUM) 25 feet (E) REAR YARD (MINIMUM) 25 reut -70- 1. (g) DWELLING UNIT AREA (MINIMUM) 1,500 sq . ft. (h) FLOOR AREA RATIO (MAXIMUM) (i) residential use on public water and sanitary sewers 0.40 (ii) residential use on public water and septic tank or private well and sanitary sewers 0.20 (iii) public use on public water and sanitary sewer 0.50 (iv) public use on public water and septic tanks or private well and sanitary sewers 0.35 (v) public use on private well and septic tank 0.25 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Provincial Highway 88 feet except that where the lands are opposite the MacDonald-Cartier Freeway, the minimum setback from the street centreline shall be increased to 195 feet (b) Regional Road 58 feet (c) Other Road 58 feet (j) LANDSCAPED OPEN SPACE (MINIMUM 30% of lot area (k) DWELLING UNITS PER LOT (:i<1XIrfU�t) 1 (1) BUILDING HEIGHT (MAXIMUM 35 feet (m) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. I -71- SECTION 9 RESIDENTIAL TYPE 1(R1) ZONE 9. 1 PERMITTED USES No persons shall within any R1 Zone use any lot or erect, alter or use any building or structure for any purpose except oiie or uu�rc n( the fOl Lowing; R1 uses, namely: (a) RESIDENTIAL USES a single family dwelling (b) NON-RESIDENTIAL USES a home occupation 9.2 ZONE PROVISIONS No persons shall within any R1 Zone use any tot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (i) residential use on interior lot with public water and sanitary sewers 7,200 sq. ft. (ii) residential use on corner lot with public water and sanitary sewers 8,400 sq. ft. (iii) residential use on lot with public water and septic tank or private well and sanitary sewers ];0,800 sq.ft. (iv) non-residential uses Nil (b) LOT FRONTAGE (i) residential use on interior lot with public water and sanitary sewers 60 feet (ii) residential use on corner lot with public water and sanitary sewers 70 feet (iii) residential use on public water and septic tank or private well and sanitary sewers 90 feet (iv) non-residential uses Nil (c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINTMUM) (i) residential use 10 feet on one side, 4 feet on the other side plus 2 feet on the narrow side for each additional or partial storey above the first provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall. he 4 feet plus 2 feet for each add- itional or partial storey above the first -72- (ii) public use 20 1.(-!et (e) EXTERIOR SIDE YARD (MINIMUM) 25 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (MINIMUM) 1 ,200 sy . ft . (h) FLOOR AREA RATIO (MAXIMUM) (i) residential use on public water and sanitary sewers 0.40 (ii) residential use on public water and septic tank or private well and sanitary sewers 0.20 (iii) public use on public water and sanitary sewers 0.50 (iv) public use on public water and septic tanks or private well and sanitary sewers 0.35 (v) public use on private well and septic tank 0. 25 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 88 feet (c) Regional Road 58 feet (d) Other Road 58 feet Q) LANDSCAPED OPEN SPACE (MINI*fUM) 30% of lot area (k) DWELLING UNITS PER LOT (MAXIMUM) 1 (1) BUILDING HEIGHT (MAXIMUM) 35 feet (m) GENERAL PROVISIONS In accordance with the provisions of Section 3 Hereof. 9.3 USES PERMITTED IN RI-1 ZONE Notwithstanding any provision of this By-law to the contrary, an existing nursery school shall be a permitted use in the R1-1 zone. -73- 9.4 SPECIAL PROVISION FOR P,1-2 ZONE (Added by By-law 82-20) Notwithstanding any provision of this By-law to the contrary, prior to the issuance of a building permit for the lands designated "Rl -2" on the attached Schedule "A" hereto, written approval of the building siting plans and lot grading plans shall be required from the Conservation Authority having jurisdiction and the Town of Newcastle Public Works Department. I VIII SPECIAL PROVISION FOR RI-3 ZONE (added by By-law 83-117) Those lands as shown on Schedule "A" designated as "Rl -3" 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 79-44, then the provisions of this R1 -3 zone shall apply, but in all other respects the provisions of By-law 79-44, as amended , shall apply. 2.1 Permitted Uses One single family detached dwelling , and buildings and structures accessory thereto. 2.2 Zone Provisions (a) Lot Frontage (minimum) 20.0 metres (b) Lot Area (Minimum) 534.0 square metres 2.3 Existing Single Family Dwelling Notwithstanding any provision of this by-law to the contrary, nothing shall prevent the continued use of a single family detached dwelling which existed at the date of passing of this By-law, together with any alterations thereto made after the date of passing of this By-law provided that such alterations or extensions satisfy the minimum zone provisions for a single family detached dwelling in the RI Zone except for the lot area which shall comply with the provisions of the R1 -3 special provisions and the minimum front yard which shall not be less than the existing front yard for the existing dwelling. SECTION 10 RESIDENTIAL TYPE 2 (R2) ZONE 10. 1 PE'RMITTE'D USES Nu person shall within any R2 zone use any lot or erect , ;11 ter or us(t !illy building or structure for ;illy c"lr('pt !)Ill' !!I' 1!1!111' t!I 1.11'' following R2 uses, namely: (;I) IiISStDI?;l'1'Ir1L USES a single family dwelling a duplex dwelling house a converted dwelling house a boarding or lodging house (b) NON-RESIDENTIAL USES a home occupation 10.2 ZONE PROVISIONS No person shall within any R2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) single family dwelling on interior lot with public water and sanitary sewers 6,000 sq.ft. (ii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq.ft. (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 12,000 sq. ft. (iv) single family dwelling on private well and septic tank 24,000 sq. ft. (v) all other permitted residential uses on interior lots with public water and sanitary sewers 7,200 sq. ft. (vi) all other permitted residential uses on corner lots with public water and sanitary sewers 8,400 sq. ft. (vii) public use Nil (b) LOT FRONTAGE (MINIMUM) (i). single family dwelling on interior lot with public water and sanitary sewers 50 feet (ii) single family dwelling on corner lot with public water and sanitary sewers 70 feet (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 100 feet (iv) single family dwelling on private well and septic tank 120 feet (v) all other permitted residential uses on interior lots with public water and sanitary sewers 60 feet (vi) all other permitted residential uses on corner lots with public water and sanitary sewers 70 feet (vii) public use Nil (c) FRONT WARD (MTNIMUM) 25 feet -74- (d) INTERIOR SIDE YARD (MINTMUM) (i) single family dwelling, converted 10 feet on one side, 4 feet dwelling, boarding or lodgeing on the other side plus 2 feet house on the narrow side for each additional or partial storey above the first, prov- ided that where a garage or carport is attached tu, or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or pnrtill storey above the first (ii) duplex dwelling house 12 feet on each side, provided that where a garage or carport is attached to or is within the main build- ing or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or partial storey above the first (iii) public use 20 feet (e) EXTERIOR SIDE YARD (MINIMUM) 25 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (MINIMUM) 1 ,200 sq. ft. (h) FLOOR AREA 12b1TIO (MIAXIMUM) (i) residential use on public water and sanitary sewers 0.40 (ii) single family dwelling on public water and septic tank or private well and sanitary sewers 0. 20 (iii) single family dwelling on private well and septic tank 0. 10 (iv) public use on public water and sanitary sewers 0. 50 (v) public use on public water and septic tanks or private well and sanitary sewers 0. 35 (vi) public use on private well and septic tank 0. 25 (i) SETBACK FROM STREET CENTRELINE (MINIMUP1) (a) Highway 401 195 I c, t (b) Highway 2 88 feet (c) Regional Road 58 feet (d) Othur Ro.-id 58 I r ! -75- (j) LANDSCAPED OPEN SPACE (MINIMUM) 307, of lot area (k) DWELLING UNITS PER LOT (Mt1XIMUM) l (1) BUILDING HEIGHT (MAXIMUM) 35 feet (m) SPECIAL YARD PROVISIONS Any dwelling house containing not less than 1 ,000 square feet of dwelling unit area, erected prior to the date of passing of this By-law and having a setback or one or more yards that is or are less than required under the provisions of this By-law for converted dwelling houses, may be altered to a converted dwelling house, provided that the setback or the yard or yards that ire Less than required are not further reduced. (n) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. -76- SECTION It RESIDENTIAL TYPE 0113) "/.ONE 11 . 1 PERMITTED USES No person shall within any RS zone use any or errc•t , W to or "a(! any building or structure for any purpose except one or mare or the following R3 uses, namely: (a) RESIDENTIAL USES a single family dwelling a duplex dwelling house a converted dwelling house a boarding or lodging house an apartment dwelling house (b) NON-RESIDENTIAL USES a home occupation 11. 2 ZONE PROVISIONS No person shall within any R3 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) single family dwelling on interior lot with public 6,000 sq. ft. water and sanitary sewers (ii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq. ft. (iii) single family dwelling on public water and sopL i c tank or private well and sanitary sewers 12,000 sq. ft. (iv) single family dwelling on private well and septic tank 24 ,000 sq. ft. (v) duplex dwelling house,converted dwelling house, boarding or lodging house on interior lots with public water and sanitary sewers 7,200 sq. ft. (vi) duplex dwelling house, converted dwelling house, boarding or lodging house on corner lots with public water and, sanitary sewers 8,400 sq. ft. (vii) apartment dwelling house on public water and sanitary sewers 1 ,000 sq. ft. per dwelling unit plus 500 square feet per bedroom (viii) public use Nil (b) LOT FRONTAGE (MINIMUM) (i) single family dwelling on interior lot with public water and sanitary sewers 50 feet (ii) single family dwelling on corner lot with public water and sanitary sewers 70 reet -77- (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 100 Ceet (iv) single family dwelling on private water and septic tank 120 CeeL (v) duplex dwelling house,converted dwelling house, boarding or lodging house on interior lot with public water and sanitary Sewer 60 Cuet (vi) duplex dwelling house, converted dwelling house, boarding or lodging house on corner lot with public water and sanitary sewers 70 feet (vii) apartment dwelling house on public water and sanitary sewers 120 feet (viii) public use Nil (c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINIMUM) (i) single family dwelling, converted dwelling, 10 feet on one side, boarding or lodging house 4 feet on the 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 i is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional or partial storey above the first (ii) duplex dwelling house 12 feet on each side provided that where a garage or carport is attached- to or is within the main building or the lot is a corner lot the mini- mum width of the interior side yard shall be 4 Feet plus 2 feet for each add- itional or partial storey above the First (iii) apartment dwelling house 25 Feet except that whore an end wall contains no habitable -78- room window the int- erior side yard may be reduced to 15 feet (iv) public use 20 feet (e) EXTERIOR SIDE YARD (MINIMUM) 2'5 feet (f) REAR YARD (MINIMUM) (i) apartment house 35 feet (ii) all other permitted uses 25 feet (g) DWELLING UNIT AREA (MINIMUM) (i) apartment house Minimum for a dwelling unit containing one bedroom 600 sq . ft. Minimum for a dwelling unit containing two bedrooms 700 sq.ft. Minimum for a dwelling unit containing three bedrooms 900 sq, ft. Minimum for a dwelling unit containing more than three bedrooms 900 sq.ft. plus 100 sq. ft, for each bedroom in excess of three (ii) all other permitted residential uses 1 ,200 sq.ft. (h) DWELLING AREA RATIO (MAXIMUM) (i) apartment dwelling house on public water and sanitary sewers 1 ,0 (ii) other permitted residential uses on public water and sanitary sewers 0,40 (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 0,20 (iv) single family dwelling on private well and septic tank 0. 10 (v) public use on public water and sanitary sewers 0.50 (vi) public use on public water and septic tank or private well and sanitary sewers 0.35 (vii) public use on private well and septic tank 0. 25 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway #2 88 feet (c) Regional Road 58 feet (j) L��)) Other Road 58 feet ANDSCAPED OPEN SPACE (MINIMUM) (i) apartment dwelling house 35% of lot area (ii) other permitted uses 30% of lot area (k) DWELLING UNITS PER LOT (Tit1 I tUhO 1 (1) BUILDING HEIGHT ("l,L,XIMUM) (i) apartment building 40 Coot (ii) other permitted uses "35 feet -79- (.m) SPECIAL YARD PROVISIONS Any dwelling; house containing not less than 1 ,000 square fueL of dwelling unit area, erected prior to the date of passing of this By-law and having a setback or one of more yards that is or are less than required under the provisions of this By-law for converted dwelling houses, may be altered to a converted dwelling house, provided that the setback or the yard or yards that are less than required are not further reduced. (n) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. -a0- 11. 3 SPECIAL CONDITIONS (Added by By-law 79-82) (i) R3-1; Part of Lot 27, Concession 1 Nothwithstanding any provisions of this By-law to the contrary, that portion of Lot 27, Concession 1 designated "R3-1" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions 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 the "R3-1",zone shall apply but in the event that this special condition is silent on any matter, then the provisions of this By-law shall apply. 1. Definitions (a) Senior Citizen Apartment Building shall mean an apart- ment building operated by or for the Corporation or the Ontario Housing Corporation or any other non-profit organization and occupied primarily by elderly persons. 2. Permitted Uses a Senior Citizen Apartment Building and uses, buildings and structures accessory thereto. 3. Zone Provisions (Added by By-law 80-21) (i) Lot Area (minimum) 1.5 acres (ii) Lot Frontage (minimum) 60 feet (iii) Front Yard (minimum) 25 feet (iv) Interior Side Yard (minimum) 25 feet (v) Rear Yard (minimum) 25 feet (vi) Dwelling Unit Area (minimum) (a) dwelling unit containing one bedroom 430 square feet -81- I 2 - (b) dwelling unit containing two bedrooms 600 square feet (vii) Building Height (maximum) 40 feet (viii) Parking Spaces (minimum) .25 spaces per dwelling unit. 4. Site Plan Agreement Pursuant to Section 35 (a) of the Planning Act, as amended, the lands zoned "R3-1", 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 develop- ment being undertaken. f -82- SECTION 12 COMMtUNITY FACILITY (CF) ZONE? 12. 1 PERMITTED USES No person shall within any CF 'Lone use any Lot or erect, alter or use any building or structure for any purpose except one or more of the following CF uses, namely: (a) RESIDENTIAL USES prohibited (b) NON-RESIDENTIAL USES an arena an assembly hall • cemetery • home for the aged • municipal office • nursing home • place of entertainment • place of worship • post office • provincial building • public park • school 12.2 ZONE PROVISIONS No person shall within any CF Zone use ,iny lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) Nil (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD (MINIMUM) 25 ft. (d) INTERIOR SIDEYARD (MINIMUM) 20 ft. (e) EXTERIOR SIDE YARD (MINIMUM) 25 ft. (f) REAR YARD (MINIMUM) 25 Et. (g) FLOOR AREA RATIO (MAXIMUM) (i) public use on lot with public water and sanitary sewers 0.50 (ii) public use on lot with public water and septic tank or private well and sanitary sewers 0.35 (iii) public use on lot with private well and septic tank ' 0.25 (iv) other permitted use on lot with public water and sanitary sewers 2 .00 (v) other permitted use on lot with public water and septic tank or private weL1 and sanitary sewers 0. 35 (vi) other permitted use on lot with private well and septic taus; 0. '2 i -83- (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 L95 ft. (b) Highway 2 88 ft. (c) Regional Road 58 ft. (d) Other Road 58 ft. (i) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (j) BUILDING HEIGHT (MAXIMUM) 35 ft. (k) EXISTING BOWLING ALLEY Notwithstanding any provision of this By-law to the contrary, the existing bowling alley in the Community Hall shall be a permitted use. (1) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. 12.3 USES PERMITTED IN CF-1 ZONE In the CF-1 Zone only, a nursery school in an existing church or parish hall shall be a permitted use. 12.4 SPECIAL PROVISION FOR CF-2 Zone Notwithstanding any provision of this By-law to the contrary, the lands designated CF-2 on the attached Schedule "A" hereto shall be used for no other purpose than an arena, in accordance with the following provisions. In the case of a conflict between the r.es;utations lier.einafter set out and any other provisions of this By-law, the provisions of this subsection will apply, but in the event that this subsection is silent on anv matter, then the provisions of subsection 12.2 shill apply. (a) FRONT YARD (minimum) 1 ft. (b) INTERIOR SIDE YARD (minimum) 2 ft. (c) EXTERIOR SIDE YARD (minimum) 6 ft. (d) REAR YARD (minimum) 25 ft. (e) FLOOR AREA RATIO (maximum) 0. 70 (f) SETBACK FROM STREET CENTRELINE (minimum) 34 ft. (g) LANDSCAPED OPEN SPACE (minimum) 30 % of lot area. (h) HEIGHT OF BUILDING (maximum) 35 ft. (i) PARKING REQUIREMENTS (minimum) 1.0 spaces for each six fixed seats or fraction thereof. -84- 12.5 SPECIAL PROVISION FOR CF-3 ZONE (added by B/L 81-101) Notwithstanding any provision of this by-law to the contrary, the lands designated CF-3 on the attached Schedule "A" hereto shall only be used in accordance with the following provisions: 1) Permitted Uses - a church - a church hall - a rectory - an elementary school - private or public park 2) Zone Provisions (a) Lot Area (minimum) 2.0 hectares ( (b) Lot Frantage (minimum) 75.0 metres (c) Front Yard (minimum) 20.0 metres (d) Side Yard (minimum) 10.0 metres (e) Rear Yard (minimum) 20.0 metres (f) Building Height (minimum) 12.5 metres (g) Parking Spaces (minimum) in accordance with Section 3.15 hereof. SECTION 13 LOCAL COMMERCIAL (Cl) ZONE 13. 1 PERMITTED USES No person shall within any Cl Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following Cl uses, namely: (a) RESIDENTIAL USES a single family dwelling house, if occupied by the owner, caretaker, watchman or other similar person and his family, if employed on the lot on which such dwelling house is located. a dwelling unit in a non-residential building. (b) NON-RESIDENTIAL USES a convenience store. 13.2 ZONE PROVISIONS' No person shall within any Cl Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 6,000 sq. ft. (iii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq. ft. (iv) single family dwelling on public water and septic tank or private well and sanitary sewers 12,000 sq. ft. (v) single family dwelling on private well and septic tank 24,000 sq. ft. (vi) other permitted uses on public water and sanitary sewers 12,000 sq. ft. (vii) other permitted uses on public water and septic tank or private well and sanitary sewers 22,500 sq. ft. (viii) other permitted uses on private well and septic tank 30,000 sq. ft. (b) , LOT FRONTAGE (MINIMUM) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 50 ft. (iii) single family dwelling on corner lot with public water and sanitary sewers 70 ft. -35- (iv) single fnmily dwell41W, on plihl is wnler and septic tank or privntu well. and sanitary sewers 100 ft. (v) single family dwelling on private well. and septic tank 1.20 ft. (vi) other permitted uses on public water and sanitary sewers 100 ft. (vii) other _permitted uses on public water and septic tank or private well and sanitary sewers 150 It. (viii) other permitted uses on private well and septic tank 175 ft. (c) FRONT YARD (MINIMUM) (i) -public use 25 ft. (ii) single family dwelling 25 ft. (iii) other permitted use 35 ft. (d) INTERIOR SIDE YARD (MINIMUM) (i) single family dwelling ten feet on-one side, four feet on the other side, plus two feet on the narrow side for each additional or partial storey above the first, provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be four feet plus two feet for each additional or partial storey above the first (ii) other permitted uses 20 ft. (e) EXTERIOR SIDE YARD (MINIMUM) 25 ft. (f) REAR YARD (MINIMUM) 25 ft. (g) DWELLING UNIT AREA Minimum for a dwelling unit containing one bedroom 600 sq. ft. Minimum for a dwelling unit containing two bedrooms 700 sq. ft. Minimum for a dwelling unit containing three bedrooms 900 sq. ft. Minimum for a dwelling unit containing more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three -86- (h) FLOOR AREA RATIO (r11L�Ialu�l> (i) public use on public water and sanitary sewers 0. 50 (ii) public use on public water and septic tanks or private wetl and sanitary sewers 0. 35 (iii) public use on private well and septic tank 0.25 (iv) single family dwelling on public water and sanitary sewers 0.40 (v) single family dwelling on public water and septic tanks or private well and sanitary sewers 0.20 (vi) single family dwelling on private well and septic tank 0.10 (vii) other permitted uses on public water and sanitary sewers 0.20 (viii) other permitted uses on public water and septic tank or private well and sanitary sewers 0.12 (ix) other permitted uses on private well and septic tank 0.09 (i) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 Feet I (b) Highway 2 (i) single family dwelling or public use 88 feet (ii) other permitted uses 98 feet (c) Regional Road (i) single family dwelling or public use 58 feet (ii) other permitted uses 68 feet (d) Other Roads (i) single family dwelling or public use 58 feet (ii) other permitted uses fib feet (j) LANDSCAPTED OPEN SPACE (MININMUM) 30% of lot area (k) DWELLING UNITS PER LOT (MAXIMUM) l (1) BUILDING HEIGHT (MAXIMUM) 35 feet (m) SINGLE FAMILY DWELLING HOUSE AND NON-RI?SIDENTIAT, BUILDING ON SAME LOT Where a permitted single-family dwet]_in�; house is erected , altered or used on the same lot in a Commercint Xone as a hermi-ttcd Non- Residential building, then no yard is required between such buitdintis, provided that in no case shall a single-family dwelling house he erected, altered or used within 10 feet of a motor vehicle service station, motor vehicle repair ,arai4e, or motor vehicle asolin , bar. -87- (n) DWELLING UNIT IN PORTIOP OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall he in accordance with the corresponding provisions for the Non- Residential building in which the dwelling unit is located , provided that in no case shall a dwelling unit be located within a motor vehicle service station, motor vehicle repair garage or motor vehicle dealership. (o) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. _88- 13.3 �2ecial Conditions 1) Cl-1; Part of Lot 26, Concession 1 (added by B/L 81-35) Notwithstanding any provision of the By-law to the contrary, the existing building located on that portion of Lot 26, Concession 1, designated as "Cl-l" on the attached Schedule 'A' hereto, may be used for the pur- poses of an antique store, in addition to those uses permitted within the "Cl" zone, and in accordance with the provisions of the "Cl" zone. "SECTION 14 HIGHWAY COMMERCIAL (C2) ZONE (As amended by By-law 80-4) 14.1 PERMITTED USES No person shall within any C2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C2 uses, namely: (a) RESIDENTIAL USES a single family dwelling house, if occupied by the owner, caretaker, watchman or other similar person and his family, if employed on the lot on which such dwelling house is located a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES an ambulance service a convenience store a drive-in restaurant a dry-cleaning establishment an eating establishment a farm implement dealer a farm produce retail outlet a greenhouse a hotel a coin-operated laundry a motel a motor vehicle dealership a motor vehicle repair garage an automatic motor vehicle wash • rental agency • tourist home 14. 2 ZONE PROVISIONS No person shall within any C2 Zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: it 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; a public use in accordance with section 3. 8 hereof; a tree crop; temporary buildings necessary to the operation of the above uses shall be permitted on the same lot, and only for so long as 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. I I 14.3 Part of Lot 28, Concession 5 (added by B/L 82-152 Notwithstanding any provisions of the By-law to the contrary, that portion of Lot 28, designated "SPECIAL PROVISION BY-LAW 82-152" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions : (1 ) Definitions : For the purposes of this SPECIAL PROVISION: (a) "Motor Vehicle Gasoline Bar" shall mean one or more pump islands, each consisting of one or more gasoline pumps, and a shelter having a floor area of not more than 9 square metres, and may include facilities for the changing of oil , greasing and lubricating of motor of motor vehicles, including the sale of automotive accessories, antifreeze and additives , but shall not include a motor vehicle body shop or any other use or activity otherwise defined or classified in this by-law. (b) "Motor Vehicle Service Station" shall mean a building or structure where gasoline, oil , grease, antifreeze, tires, tubes, tire accessories , electric light bulbs , sparkplugs , batteries and automotive accessories are stored or kept for sale to the general public, or where motor vehicles may be oiled,, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or i where mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed, but shall not include a motor vehicle body shop or any use or activity otherwise defined or classified in this By-law. (2) Permitted Uses - motor vehicle gasoline bar - motor vehicle service station - one single family dwelling (3) Zone Provisions (a) Lot Area (minimum) .45 hectares (b) Lot Frontage (minimum) 54.5 metres (c) Front Yard (minimum) - single family dwelling 22.5 metres - motor vehicle service station 8.0 metres (d) Interior Sideyard (minimum) - single family dwelling 1 .5 metres - motor vehicle service station 1 .0 metres (e) Rear Yard (minimum) - single family dwelling 50.0 metres - motor vehicle service station 68.5 metres (f) Lot Coverage (maximum) 5 Per Cent (g) Building Height (maximum) 10.0 metres (j ) Pump Locations - Notwithstanding any other provisions of this By-law to the contrary, a gasoline or diesel fuel pump island and/or an overhanging canopy, cover or shelter intended for weather protection purposes , or an attendant 's shelter as part of a "Motor Vehicle Gasoline Bar" or a "Motor Vehicle Service Station" may be located within any front yard provided: (i ) that the minimum distance between any portion of any pump island or overhanging structure and any street line shall be 4.5 metres. i 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 aforesaid 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 inspection upon any property or 'premises. 15.4 Penalty (added by B/L 80-67) Every person who uses any lot , or erects, alters or uses any building or structure in a manner contrary to any requirement of this By-law, or who causes or permits such use, alteration 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. 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 f (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, (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 i (h) Height of Building (maximum) 15 feet (i) Number of attached units per building (maximum) 10 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 Rl 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 Rl 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 Rl 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 Rl 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 25.3 metres in Rl and other Zones Minimum distance from centre line of • Provincial Highway 80 feet • County Road 70 feet • Township Road 16.2 metres (h) FLOOR AREA: Minimum 1 ,200 square feet in A and RR Zones 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, with the permission of the Land Division Committee and in accordance with the provisions of this By-law for 'RR' zones, retain a retirement lot from the sale of his farm 'and erect or use thereon a single family dwelling or may create a lot for one member only of the farmer's immediate family provided such person is employed or significantly assists in the operation of the farm. (added by By-law 81-133) (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 permitted 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 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, Ml 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, Ml 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 Rl or RR Zone in which case 50 feet. (f) SIDE YARD: Minimum width in A, Rl, RR, HC and OS Zones 25 feet in Ml Zones 15 feet except where opposite an R1 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 in A, RR, HC and OS Zones, and in M1 Zones where opposite an Rl or RR Zone Minimum distance from centre line of ( a Provincial Highway 110 feet a County Road 100 feet a Township Road 93 feet in C1 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 Rl 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) i 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) RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Added by By-law 81 -15) Within this zone no person shall use any land, erect , alter or use any building or structure for any use other than as permitted in this By-law. 1 Def'i ned Area The area subject to this By-law is shown on Schedule "B-1 " 2 General 2.1 Interpretation : For the purposes of this By-law, words used in the present tense include the future ; words in singular number include the plural and words in the plural include the singular number; the word "shall " is mandatory: the words "used" and "occupied" shall include the words 'arranged ' and 'designed to be used or occupied' . 2.2 Interpretation : The provisions of this By-law shall be held to be the minimum requirements EXCEPT where the word maximum is used , in which case the maximum requirement shall apply. 2.3 Public Acquisition : No person shall be deemed to have contravened any provision of this By-law by reason of the fact that any part of the land has or have been conveyed to or acquired by any Public Authority. 2.4 Validity: If any section , clause or provision of this By-law is for any reason declared by the court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid. It is hereby declared to be the intention that all the remaining sections , clauses or provisions shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 3 Definitions : For the purpose of this By-law, unless the context requires otherwise, the interpretations and definitions given in this section shall govern. RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) 3.1 Accessory Building or Structure: shall mean a building or structure, the use of which is customarily incidential and subordinate to the principal use , of the mobile home park , including a cable T.V. tower. 3.2 Accessory Commercial Use : shall mean the use of land, buildings or structures for the purposes of buying or selling of commodities and supplying of services to the occupants of the mobile home park, including without limiting the generality of the foregoing , business or professional offices , craft shops , eating establishments, financial offices , laundromats , convenience stores , beauty shops , cleaners , mobile home supply and repair shops , T.V. cable system office and sales and administration offices. 3.3 Accessory Use: shall mean a use customarily incidental and subordinate to, and exclusively devoted to the main use of the mobile home park. 3.4 Business or Professional Office : shall mean an office in which any administrative business is carried on or any profession is practised. 3.5 Community Hall : shall mean a building, or part of a building, in which facilities are primarily provided for such purposes as meetings for educational , political , religious or social purposes and may include a banquet hall , private club or fraternal organization and permitted accessory commercial uses . 3.6 Convenience Store : shall mean a retail commercial establishment supplying groceries and other daily household necessities to the residents of the mobile home park. 3.7 Dwelling Unit : shall mean a suite of two or more rooms , designed or intended for use by one or two persons only, in which sanitary conveniences are provided , in which facilities are provided for cooking, in which a heating system is provided and containing a private entrance from outside the building. RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) 3.6 Eating Establishment : shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumpton and includes such uses as a restaurant , dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop , snack bar or refreshment room or stand. 3.9 Family: shall mean one or two persons living together as a single housekeeping unit. 3.10 Financial Office: shall mean the premises of a bank, trust company, finance company, mortgage company or investment company. 3.11 Finished Grade: shall mean the median elevation between the highest and lowest points of the finished surface of the ground (measured at the base of a building or structure) but 1 exclusive of any embankment in lieu of steps . 3.12 Floor Area, Total : shall mean the aggregate of the horizontal areas of each floor, whether any such floor is above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor. 3.13 Height of Building : shall mean the vertical distance, measured between the finished grade at the front of the building, and (a) in the case of a flat roof, the highest point of the roof surface; (b) in the case of a mansard roof, the deck roof lines ; and (c) in the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge , exclusive of any accessory roof construction such as a chimney, tower, steeple or television antenna. RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) 3. 14 Landscaped Open Space: shall mean the open unobstructed space from ground to sky at grade or on a mobile home site which is suitable for the growth and maintenance of grass , flowers , bushes and other landscaping and includes any garden surfaced walk, patio or similar area but does not include any driveway or ramp, whether surface or not, any curb, retaining wall , parking area of any open space beneath or within any building or structure. 3.15 Mobile Home : shall mean any dwelling unit that is designed to: (1 ) be made mobile; (2) connect to sewage disposal facilities , hydro and/or gas services and/or any other necessary utilities; (3) provide a permanent residence for one to two persons ; but does not include a travel trailer, or tent trailer or trailer otherwise designed. 3.16 Mobile Home Dwelling Unit Area: shall mean the habitable area contained within the inside walls of a mobile home, excluding any porch , verandah, or sunroom (unless such sunroom is habitable in all seasons of the year); excluding stairways. 3.17 Mobile Home Park: shall mean the whole of the lands shown on Schedule B-1 . 3.18 Mobile Home Park Road: shall mean a private road or roads providing access to and from a public road to the mobile home park and shall also mean an internal road or roads located wholly within the confines of the mobile home park, which have not been dedicated or assumed by the Municipality, Region or Province. 3. 19 Mobile Home Site: shall mean a parcel of land within the mobile home park upon which it is intended to erect or place a mobile home and surrounding lands which are or are intended to be leased to the owners or occupants of the mobile home. RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) 3,2n Mobile Home Site Area : shall mean the total horizontal area of a mobile home site. 3.21 Mobile Home Site Coverage : shall mean that mobile home area of the area covered by the p P of all buildings on to a horizontal plane. 3,22 Park , Private : shall mean any open space or recreational area , owned ivatend operated or maintain organization fhthe residents of y the mobile home organization for pools , boating park only, and may include therein swimming P facilities , picnic areas and gardens. 3,23 Parking Area : shall mean an area provided for the parking of motor vehicles and includes ahavin havmigimumlwidth ofd 3hmetres5 i metres , parking spaces 9 and related ingress and egress lanes. 3.24 Parking Space: shall mean an area of not less than 6 metres long and 3 exclusive of any aisles, ingress and egress metres wide , parking or storage of motor lanes , for the temporary p vehicles, and may include a private garage or carp ort . 3.2.5 Service Shop : part of a bui 1 ding, not otherwise or shall mean a building or repairing defined or classified for the materialscing of equipment , machinery, g oods 3,26 Storage Areas/Lockers/Maintenance Buildings: shall mean buildings, structures and lands used for the storage of equipment , goods or materials. 3,?7 Structure: shall mean anything that is erected, built or constructed, the use of somehtingehavoingtlocationhongthen to ground.' attachment to RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) 4 Permitted Uses : The lands described in Schedule "B-1 " may be developed only for the following uses and in accordance with the following provisions : 4.1 Residential Uses (1 ) mobile homes 4.2 Non-Residential Uses (1 ) accessory commercial uses (2) business or professional offices (3) cable T.V. tower (4) community hall (5) convenience stores (6) eating establishments (7) parking areas (8) private parks (9) services shops (10) storage areas/lockers/maintenance buildings (11 ) accessory uses 1 4.3 The Mobile Home Park (1 ) shall have a maximum of 860 mobile home sites (2) the total floor area of the community hall shall not exceed 3,500 square metres (3) parking shall be provided on the basis of two (2) parking spaces for each mobile home site and visitors parking on the basis of one (1 ) parking space for each four (4) mobile home sites (4) parking for all accessory commercial uses within the Community Hall shall be provided on the basis of one (1 ) parking space for each 2.8 square metres of total floor area (5) parking for all uses other than accessory commercial uses within the Community Hall shall be provided on the basis of one (1 ) parking space for each 12 square metres of total floor area 4.4 Each Mobile Home Site (1 ) shall have a minimum mobile home site area of 325 square metres (2) shall have a maximum mobile home site coverage of 45 per cent (3) shall have a minimum landscaped open space of 35 per cent RESIDENTIAL MOBILE HOME PARK (RMH) ZONE (Cont 'd) (4) shall have only one (1 ) mobile home (5) shall have no accessory buildings (6) shall have no outside storage. 4.5 Each Mobile Home (1 ) shall have a minimum mobile home dwelling unit area of 60 square metres ; (2) shall be connected to a sewage disposal system acceptable to the medical officer of health ; (3) shall be connected to a potable water supply; (4) shall be a minimum distance of 3 metres from any other mobile home ; (5) shall be a minimum distance of 5 metres from a mobile home park road (6) shall be a minimum distance of 15 metres from the boundary of the mobile home park (7) shall be a minimum distance of 38 metres from the nearest portion of any Ontario Hydro Tower. 5 Enforcement and Penalties : 5.1 Violation and Penalties : Every person who contravenes any provision of this By-law shall be guilty of an offence, and upon conviction shall pay a fine not exceeding One Thousand ($1 ,000.00) Dollars , exclusive of costs, for each offence, and every such penalty shall be recoverable under The Municipal Act and The Provincial Offences Act , 1979. SCHEDULE "A" TOWNSHIP OF CLARKE MAP 3 CON.Vl co, CON.VI/ I , OS RR RR A RI X RI RI 06 tR.,'C'e� ,R� 0 CON VI . RR' 7 C I' A RI A RI (added by (added by i� B/L 80-99) OS RR 8/L l7 9) RI —ra cme A RI III � Detail Of Kendal Area J ' C I Provision B/L 82-1 2 A !F - R-1 A A C-SC= dded by y-law 79- 0) RR RR CON./l A A a tr; CON. A r RI CON..V r" L RR n o RR n -RI-2(adde II y B/L 80 A KING'S A xt RR R ;RY,.• OS RR / RI ; I A A III A OS OS. ` Delo// Of Newlonvi/le Area Rl as (added by B/L 81-185) MI a RI-3(added by BBL 83-52) E EOENO �� MI ZONE POUNDxPY o.S/ — lr _ �L+ ZONE RI RI CON./V A A RI C� / MAP I71 De/oil of Orono Police Vi/loge Areo .........I"..<....,.00,o.....,.,.., MAP 2 row SHIP OF L¢I JS JI JJ 3L J/ JO �L9 2B 27 26 13 14 2J 21 YI 20 , IS CON.X A I I A A-14 A I I A A A I Ah ( q A I I B/L -51 rLNrN uNr �y o� A A A I A I Mospor! 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SAN ... .......... 4 FOV4 N LIN .......... ......... ------------ -4' . ............. .. ..... 1 B/L A -- -------- HC -B/.L 'ON. ........ ....... ....... A W A ------- -- A A A A A A )A A A-1 HC-2 o -8 s Z7 26 I P45 CR"K A A A GRAN A A AM A A A LW JS 34 J5 31 os A A A 24 25 zz V Vo IS 17 /C 15 14 /j 12 If /0 17 -HC- A 5 / 79-1)6 WY A Sp i ov. RR- A B/I B C76 A-i B/L -143 A A Bill.82- A 111�lp A A A A A —NAZD-CA R FREEWAY Q2;4: Village of I HC CO/V./ RI IH MACDONALD-CART IER RMH Newcastle B/LE045 ml A A A A A A A-- CON.B - B.F. A I A A I A I A I A A CA AO/N ROAD C4 RAILWAY NA WA A ........ AV 7- [t'H HIS IS kanlBlr YAAKED..:.R:..REFEWtEp ro E AFFIOAVR tX.AA V.ua THE CORPORATION OF THE TOWN OF NEWCAST ORN SEFORE ME TMp••...; DAY BY-LAW NUMBER 84- 37 f 1Y A y................. T..»& A being a By-law to establish an Interim Control Area pursuant to Section 37 of the Planning Act. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to pass an Interim Control By-law pursuant to Section 37 of the Planning Act; AND WHEREAS Council deems it advisable to limit new development within a designated area of the Town of Newcastle, pending completion of the Town's District Plan and Comprehensive Zoning By-law; NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle hereby resolves that: 1. The lands identified with cross-hatching on Schedule 'T' to . this by-law are hereby designated an Interim Control Area; and 2. That the use of lands within an area designated as an Interim Control Area, shall be limited to the following uses: i) a farm implement dealer ii) a restaurant iii a sporting good service centre iv a hotel V) a motel vi a commercial nursery vii a fruit and vegetable produce sales outlet viii) a retail travel trailer sales outlet ix) a furniture sales outlet J 3. This By-law shall come into effect on the date of passing hereof and shall expire on Marchll , 1985. BY-LAW read a first time this 12th day of March 1984 BY-LAW read a second time this 12th day of March 1984 BY LAW read a third time and finally passed this 12th day of March 1984 Acrtvf, AYOR CLERK THIS IF EXHIBIT MARKED ....RUEFM M■ THE AFFIDAVIT OF ...................... SWORN BEFORE ME THIS..................OR! OF.................................til... Ii This is Schedule "X" to By-law 84- 3, , passed this I2u, day of M,rch A.D. 1984. � I N co M N O J I� f3- v M OI 3048 Q to co N P 01 Z 3 I �SW Angle = Lot 23 Conc.8 RD. ALLOW. 8TW. CONC, 7 81 8 (SEAL) M INTERIM CONTROL AREA .0 hM MRC MgLAO[ 0 10. ...20 40m 4 D.W. Oakes, Clerk 20 5 0 350 5001. Key Map -Former Townshlp of Clarke 300 LOT I LOT LOT I LOT I LOT LOT LOT I LOT LOT I LOT 1 LOT 28 I 27 26 I 25 I 24 23 22 I 21 20 I 19 I 18 I I n I I I I I I I I I I I I z I SUBJECT I I o I I SITE. I I I I i I I I I I I I I I z IHIS IS EXHIBIT MARKED....`....BEffJYIE'D TTo IN THE AFFIDAVIT OF,zwd IQ.l,I:.R�AJf S SWORN BEFORE WE THIS .....AAY of / M.R�!_ ..... _.. wIS l..Vi�e��t:CC.G A . BY-LAW 84-37 PURPOSE AND EFFECT The purpose and effect of By-law 84-37 is to designate those lands identified by Schedule "X" hereto as an Interim Control Area. The subject By-law would permit the use of the lands,to those uses presently permitted by By-law 1592, as amended, plus a retail furniture sales outlet. These uses would be compatible with the uses permitted by the Durham Regional Official Plan in respect of a Special Purpose Commercial Node. The lands subject of this By-law are presently under consideration for designation as such a node. I (a) LOT AREA (MINIMUivI) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 6,000 sq. ft. (iii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq. ft. (iv) single family dwelling on public water and septic tank or private well and sanitary sewers 12,000 sq. ft. (v) single family dwelling on private well and septic tank 24,000 sq. ft. (vi) hotel or motel on public water and sanitary sewers 20,000 sq. ft. (vii) hotel or motel on public water and septic tank or private well and sani- tary sewers 30,000 sq. ft. except that an addit- ional 2,000 sq. ft. of lot area is required where a dwelling unit is located in a portion of a non-residenti;.il building (viii) hotel or motel on private well and septic tank 40,000 sq. ft. except that an additional 4,000 sq. ft . of lot area shall be provided where a dwelling unit is located in a portion of a non-resi- dentia-1 building (ix) other permitted uses on public water and sanitary sewers 7,500 sq. ft. (x) other permitted uses on public water and septic -90- tank or private well and sanitary sewers 15,000 sq. ft. except that an additional 2,000 sq. ft. of lot area shall be provided where a dwelling unit is located in a portion of a non-residenti building (xi) other permitted uses on private well and septic tank 30,000 sq. ft. except that an additional 4,000 sq. ft , of lot area shall be provided where a dwelling unit is located in a portion of a non-residenti� building (b) LOT FRONTAGE (MINIMUM) (i) public use Nil (ii) single family dwelling on interior lot with public water and sanitary sewers 50 feet (iii) single family dwelling on corner lot with public water and sanitary sewers 70 feet (iv) single family dwelling on public water and septic tank or private well and sanitary sewers 100 feet (v) single family dwelling on private well and septic tank 120 feet (vi) hotel or motel on public water and sanitary sewers 100 feet (vii) hotel or motel on public water and septic tank or private well and sanitary sewers 150 feet -91- (viii) hotel or motel on private well and septic tank 900 feet (ix) other permitted uses .lit (c) FRONT YARD (MINIMUM) (i) hotel or motel 45 feet (ii) other permitted uses 25 feet (d) INTERIOR SIDE YARD (MINIAMl) (i) single family dwelling 10 feet on one side, 4 feet on the other side plus 2 feet on the narrow side for each additioc al or partial storey above the first, provided that whcr a garage or carport is attac- hed to or is within the main building, or the lot is a corner lot, the minimum widtl- 1 of the interior side yard shall be 4 feet plus 2 feet for each additional or partLa storey above the first. (ii) other permitted uses 20 feet except that where the interior side lot Line abuts a Residential Zone the min- imum interior sideyard width shall be 30 feet. (c) EXPERIOR S f.l)G YnRI) (.I I N LPIUM) (i) hotel or motel 40 feet (ii) other permitted uses 25 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (MINIMUM) Minimum for a dwelling unit con- taining one bedroom 600 sq. ft. Minimum for a dwelling unit con- taining two bedrooms 700 sq. ft. rLinimum for a dwelling unit con- taining three bedrooms 900 sq. ft. Hinimum for a dwelling unit con- taining more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (h) FLOOR AREA RATIO (KMIMI) (i) public use on public water and sanitary sewers 0.50 (ii) public use on public water and septic tank 0. 35 (iii) public use on private well and septic tank or private well and sanitary sewers 0.25 (iv) single family dwelling on public water and sanitary sewers 0.40 (v) single family dwelling on public water and septic tanks or private I well and sanitary sewers 0.20 (vi) single family dwelling on private well and septic tank . 0.10 (vii) hotel or motel on public water and sanitary sewers 0. 35 (viii) hotel or motel on public water and septic tank or private well and sanitary sewers 0.12 (ix) hotel or motel on private well and septic tank 0.09 (x) other permitted uses on public water and sanitary sewers 0.40 (xi) other permitted uses on public water and septic tank or private well and sanitary sewers 0. 30 (xii) other permitted uses on private well and septic tank 0.15 (i) LOT DEPTH (MINIMUM) Nil (j) SETBACK FROM STREET CENTIU:LINE (ifINI1IU�t) (a) Highway 401 195 feet (b) Highway 2 (i) single family dwelling or public use 88 feet (ii) other permitted uses 98 feet (c) Regional Road (i) single family dwelling or public use 58 feet (ii) all other permitted uses 68 feet (d) Other Road (i) single family dwelling or public use 58 feet (ii) all other permitted uses 68 feet (k) LANDSCAPED OPEN SPACE 30% (1) DWELLING UNITS PER LOT (MAXIMUIM) 1 (m) BUILDING HEIGHT M XIMUM) 35 feet (n) SINGLE FAMILY DWELLING HOUSE AND NON-RESIDENTIAL BUILDING ON SAME LOT Where a permitted single-family dwelling house is erected, altered or used on the same lot in a Com- mercial Zone as a permitted Non-Residential building, then no yard is required between such buildings, pro- vided that in no case shall a single-family dwelling house be erected, altered or used within 10 feet of a motor vehicle service station, motor vehicle gasoline bar, or motor vehicle repair garage. (o) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the corresponding provisions for the non-residential building in which the dwelling unit is located, provided that in no case sha.11'a dwelling unit be located within a motor vehicle garage, motor vehicle dealership, or motor vehicle service station. (p) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft. (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 Hereof 14. 3 USES PERMITTED IN C2-1 ZONE A trailer sales, service, and rental outlet and the over- night rental of existing; trailer spaces during; May to October only shall be a permitted use in the C2-1 Zone in Lot 25, Concession I as delineated on Schedule 'A' Zone Map. 14.4 USES PERMITTED IN C2-2 ZONE In addition to the uses permitted by subsection 14. 1 hereof, the lands designated C2-2 on the attached Schedule "A" hereto may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions: (a) RETAIL GASOLINE ESTABLISHMENT (i) LOT AREA (MINIMUM) 12,500 sq. ft. (ii) LOT FRONTAGE (MINI:IUM) 125 feet (iii) FRONT YARD (MINIMUM) 45 feet (iv) INTERIOR SIDE YARD (MINUMUM) 20 feet except that where the interior side Lot line abuts a Residential Zone, the minimum interior side- yard width shall be 30 feet (v) EXTERIOR SIDE YARD (MINIMUM) 40 feet (vi) REAR YARD (MiNLMUM) 25 1-eet (vii) FLOOR AREA RATIO (MAXIMtUM) 0. 17 (viii) LOT DEPTH (MINIMUM) 100 feet except that where the lot is a corner lot, the minimum lot depth shall be 125 feet. (ix) SETBACK FROM STREET CENTRELINE (MINII`NM) (a) Highway 2 98 feet (b) Regional Road 68 feet (c) Other Road 68 feet (x) LANDSCAPED OPEN SPACE (,1INIMUM) 30% (xi) BUILDING HEIGHT (MAXIMUM) 35 feet -95- (xii) PUMP LOCATION Notwithstanding; any other provisions of this 6y-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or ,motor vehicle gasoline bar, may be located within any .front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street line sliall be 15 feet; and (ii) where the lot is a corner Lot, no portion of any pump island sliall be located closer than 10 feet to a straight line between a point in the front lot line and apoint in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. (xiii) GROSS GUEST ROOM AREA (MINIMUM) 200 sq. ft. (xix) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. (b) OTHER PERMITTED USES In accordance with the provisions of subsection 14.2 hereof. " -96- "SECTION 15 GENERAL COMMERCIAL (C3) ZONE (As Amended by By-law 80-4) 15 .1 PERMITTED USES No person shall within any C3 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C3 uses, namely: (a) RESIDENTIAL USES a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES a business or professional office a convenience store •a dry cleaning establishment an eating establishment a financial office a funeral home a hotel a coin-operated laundry a laundry establishment a medical clinic a motel a parking lot --- a passenger transport depot a place of entertainment a retail commercial establishment a service shop a taxi office and waiting room -97- 15.2 ZONE PROVISIONS No person shall within any C3 Zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) hotel or motel on public water and sanitary sewers 20,000 sq. ft. (ii) other permitted uses Nil (b) LOT FRONTAGE (MINIMUM) (i) hotel or motel on public water and sanitary sewers 100 feet (ii) other permitted uses Nil (c) FRONT YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses Nil (d) INTERIOR SIDE YARD (i) public use 20 feet (ii) other permitted uses Nil (e) EXTERIOR SIDE YARD (MINIMN1) (i) public use 25 feet (ii) other permitted uses Nil (f) REAR YARD '(MINIMUM) (i) public use 25 feet (ii) other permitted uses Nil (g) LOT DEPTH (MINIMUM) Nil (h) FLOOR AREA RATIO (MAXIMUM) (i) public use on public water and sanitary sewers 0.50 (ii) other permitted uses on public war_er and sanitary sewers 3.00 -98- (i) SETBACK FROM s'1'REI'.T C1-,NT1;I:L.I NE (a) Highway 2 (i) public use 88 (cut (ii) other permitted uses 43 meet (b) Regional. Road (i) public use 58 feet (ii) other permitted uses 53 feet (c) Other Roads (i) public use 58 feet (ii) other permitted uses 33 feet (j) LANDSCAPED OPEN SPACE (MINIMU-1) (i) public use 30% of lot area (ii) hotel or motel 5% of lot area (iii) other permitted uses Nil (k') GROSS GUEST ROOM AREA Q41NIMUM) 200 sq. ft. (1) BUILDING HEIGHT (IvMIMUM) (i) public use 35 feet (ii) other permitted uses Nil (m) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a portion of a non-residential build- ing shall be in accordance with the corresponding pro- visions for the non-residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle service station, motor vehicle repair garage or motor vehicle dealership. (n) DWELLING UNIT AREA Minimum for a dwelling unit containing one bedroom 600 sq. ft. Minimum for a dwelling unit containing two bedrooms 700 sq. ft. Minimum for a dwelling unit containing three bedrooms 900 sq. rt. -99- Minimum for a dwelling unit containing more than three bedrooms 900 sq. ft. plus 100 sq. Et. for each bedroom in excess of three (o) MAXIMUM NUMBER OF DWELLING HOUSES PER LOT In a C3 Zone, except in the case of a motor vehicle service station, more than one dwelling unit may be permitted in an existing Non-Residential building provided that no exterior enlargement occurs, that such dwelling units are not located on the ground floor and that such dwelling units comply with all other provisions of this By-law. (p) MOTEL (i) DISTANCE BETWEEN BUILDINGS Where more than one building is erected on the I same lot, the minimum distance between buildings shall be not less than 50 feet; provided that where two external walls facing and parallel to each other contain no openings or windows to habitable rooms, the distance between such two walls may be reduced to 10 feet. (ii) COURTS Where a building erected on a lot is in a court form, the distance between the opposite walls of the buildings forming the court shall be not less than 70 feet. (iii) EXTERIOR WALLS Where the exterior wall of a guest room contains a habitable room window such wall shall be located no closer than 25 feet to any interior side or rear lot line. (q) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. -100- 15. 3 USES PERMITTED IN C3-1 ZONE In the C3-1 Zone, an existing box factotys(iall be a permitted use. 15.4 USES PERMITTED IN C3-2 ZONE In addition to the uses permitted by Section 15.1 hereof, the lands zoned C3-2 may also be used for the purpose of a motor vehicle gasoline bar and a motor vehicle service station, in accordance with the following provisions : (a) RETAIL GASOLINE ESTABLISHMENT (i) LOT AREA (MINIMUM) 12,500 sq. ft. (ii) LOT FRONTAGE (MINIMUM) 125 feet (iii) FRONT YARD (MINTRUM) 45 feet (iv) INTERIOR SIDE YARD (MINIMUM) 20 feet except that where the interior side lot line abut a Residential Zone, the min imum interior side yard sha be 30 feet. (v) EXTERIOR SIDEYARD (MINIMUM) 40 feet (vi) REAR YARD (MINIMUM) 25 feet (vii) LOT DEPTH (MINIMI) 100 feet except that where the lot is a corner lot, the min- imum lot depth shall be 125 feet. (viii) FLOOR AREA RATIO (MAXIM) 0.17 (ix) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 2 88 feet (b) Regional Road 78 feet (c) Other Roads 78 feet (x) LANDSCAPED OPEN SPACE (MINIMUM) 30% of lot area (xi) BUILDING HEIGHT (?IAXIMI) 35 feet -101- (xii) PUMP LOCATION Notwithstanding any other provisions oC this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, or motor vehicle gasoline bar, may be located within any front yard or exterior side yard, provided; (i) the minimum distance between any portion of the pump island and any street Line shall be 15 feet; and (ii) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 50 feet from the intersection of such lines. (xiii) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. " (b) OTHER PERMITTED USES In accordance with the provisions of Section 15.2 hereof. -102- SECTION 16 RECREATIONAL COttNtERCIAL (C4) ZONE 16. 1 PERMITTED USES No person shall within any C4 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C4 uses, namely: (a) RESIDENTIAL USES a single family dwelling house if occupied by the owner, caretaker, watchman or other similar person and his family, if employed on the lot on which such dwelling house is located a dwelling unit in a non-residential building (b) NON-RESIDENTIAL USES • convenience store • marina • tourist camp 16.2 ZONE PROVISIONS No person shall within any C4 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) single family dwelling on interior lot with public water and sanitary sewers 6,000 sq. ft. (ii) single family dwelling on corner lot with public water and sanitary sewers 8,400 sq. ft. (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 12,000 sq. ft. (iv) single family dwelling on private well and septic tank 24,000 sq. ft. (v) tourist camp on public water and sanitary sewers 10,000 sq. ft. (vi) tourist camp on public water and septic tank or private well and sanitary sewers 30,000 sq. ft. except that where a dwelling unit is loc- ated in a portion of a non-residential building, an additional -- 2,000 sq. ft. of lot area shall be provided (vii) tourist camp on private well and septic 40,000 sq. ft. tank or private well and sanitary sewers except that where a dwell- ing unit is located in a portion of a non-residential building, an additional 4 ,000 sq. ft. of lot area shall be provided (viii) public use Nil -103- (ix) other permitted uses on public water and sanitary sewers 7,500 sq . ft. (x) other permitted uses on public water and septic tank or private well and sanitary sewers 15,000 sq. ft.. except that where a dwelling unit is located in a portion of a Non-Residential building, an additional 2,000 sq. ft. of lot area shall be provided (xi) other permitted uses on private well and septic tank 30,000 sq. ft. except that where a dwelling unit is located in a portion of a Non-Residential building an additional 4,000 sq.ft. of lot area shall be required (b) LOT FRONTAGE (MINIMUM) (i) single family dwelling on interior lot with public water and sanitary sewers 50 feet (ii) single family dwelling on corner lot with public water and sanitary sewers 70 feet (iii) single family dwelling on public water and septic tank or private well and sanitary sewers 100 feet (iv) single family dwelling on private well and septic tank 120 feet ry (v) tourist camp on public water and srinitcury sewers 100 feet (vi) tourist camp on public water and septic tank or private well and sanitary sewers 150 feet (vii) tourist camp on private well and septic tank 200 feet (viii) public use Nil (ix) other permitted uses on public water and sanitary sewers 100 feet (x) 'other permitted uses on public water and septic tank or private well and sanitary sewers 150 feet (xi) other permitted uses on private well and septic tank 175 feet (c) FRONT YARD (MINIMUM) * (i) tourist camp 45 feet (ii) other permitted uses 25 Feet ' I -104- (d) INTERIOR SIDE YARD (MINIMUM) (i) single family dwelling 10 feet on one side, 4 feet on the other plus ) I-Cet on the narrow side for each additional or partial storey above the first, provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 4 feet plus 2 feet for each additional. or partial storey abov the first (ii) other permitted uses 20 feet (e) EXTERIOR SIDE YARD (i) tourist camp 40 feet (ii) other permitted uses 25 feet (f) FLOOR AREA RATIO (MAXIMUM) (i) single family dwelling on public water and sanitary sewers 0.40 (ii) single family dwelling on public water and septic tank or private well and sanitary sewers 0.20 (iii) single family dwelling on private well and septic tank 0. 10 (iv) tourist camp on public water and sanitary sewers 0.40 (v) tourist camp on public water and septic tank or private well and sanitary sewers 0. 14 (vi) tourist camp on private well and septic tank 0. 10 (vii) public use on public water and sanitary sewers 0.50 (viii) public use on public water and septic tank or private well and sanitary sewers 0.35 (ix) public use on private well and septic tank 0.25 (x) other permitted uses on public water and sanitary sewers 0.40 (xi) other permitted uses on public water and septic tank or private well and sanitary sewers 0.30 (xii) other permitted uses on private well and septic tank 0. 15 (g) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Highway 2 (i) tourist camp 108 feet (ii) other permitted uses ?8 feet (c) Regional (toad (i) tourist camp 78 feet (ii) other permitted uses 58 feet (d) Other Roads (i) tourist camp 78 feet (ii) other permitted uses 58 feet -105- (h) LANDSCAPED OPEN SPACE (MINIMLFM) '30% of lot area (i) GROSS GUEST ROOM AREA (MINIMUM) (i) tourist camp 200 sq. ft. (ii) other 9 permitted uses Nil (j) DWELLING HOUSES PER LOT (MAXIMUM) I (k) BUILDING HEIGHT (MAXIMUM) 35 feet (1) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the corresponding provisions for the Non-Residential building in which the dwelling unit is located. (m) SINGLE-FAMILY DWELLING HOUSE AND NON-RESIDENTIAL BUILDING ON THE SAME LOT Where a permitted single family dwelling house is erected, .altered or used on the same .lot in a Commercial Zone as a permitted Non- Residential building, then no yard is required between such buildings. (n) DWELLING UNIT AREA Minimum for a dwelling unit containing one bedroom 600 sq. ft. Minimum for a dwelling unit containing two bedrooms 700 sq. ft. Minimum for a dwelling unit containing three bedrooms 900 sq. ft. Minimum for a dwelling unit containing more than three bedrooms 900 sq. ft. plus 100 sq. ft. for each bedroom in excess of three (o) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof. -106- SEC iON 17 RLSTRIC ED 1NDUSTMAL (,Mi) ZONE (As Amended by By-law 80-4) "17. 1 PEPIMITTED USES No person shall within any Ml Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following M1 uses, namely: (a) RESIDENTIAL USES prohibited (b) NON-RI:SIDE:NTIAI. USES • cold storage plant • manufacturing or processing plant • motor vehicle repair garage open storage when accessory to a permitted use a processing plant a rental agency a warehouse a workshop 17.2 ZONE PROVISIONS No person shall within any M1 zone use any lot or erect, alter or use any building or structure except in accord- ance with the following provisions: (a) LOT AREA (MINIMUM) (i) public use Nil (ii) other permitted uses on lot with public water and sanitary sewers 20,000 sq. ft. (iii) other permitted uses on lot with public water and septic tank or private well and sanitary sewers 25,000 sq. ft. (iv) other permitted uses on lot with private well and septic tank 30,000 sq. ft. (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD ('IINI:Mi) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 50 feet (iii) other permitted uses on a lot abutting any other zone 80 feet (d) EXTERIOR SIDE YARD (MINIMMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 50 feet (iii) other permitted uses on a tut abutting any other zone 80 feet (e) INTERIOR SIDE YARD (MINIMUM) (i) public use 20 feet (ii) other permitted use on a lot abutting an Industrial Zone 10 feet (iii) other permitted use on a lot abutting any other zone 60 feet (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted use on a lot abutting an industrial zone 45 feet (iii) other permitted use on a lot abutting any other zone 75 fc*:et (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary sewers (a) public use 0.50 (b) other permitted uses 0.60 (ii) lot with public water and septic tank or private well and sanitary sewers (a) public use 0. 35 (b) other permitted uses 0. 35 (iii) lot with private well and septic tank (a) public use 0.25 (b) other permitted uses 0. 30 (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 83 feet (iii) other permitted uses on a lot abutting any other zone 113 feet -108- (c) Other Road (i) public use 58 feet (ii) other permitted uses on a 1()t abutting an Industrial 'Lone 83 feet other permitted uses on a lot abutting any other zone 113 feet (i) LOT DEPTH (MINIMUM) ;lit (j) LANDSCAPED OPEN SPACE (MINIl`MI) (i) public use 30% of lot area (ii) other permitted uses 5% of lot area (k) BUILDING HEIGHT (MAXIMUM) (i) public use 35 feet (ii) other permitted uses If any portion of a build- ing is erected above a heigh of 40 feet, such portion mus be set back from the centre- line of the abutting street or from the front, side or rear lot line, as the case may be, in addition to the minimum setback, front, side or rear yard requirements of this By-law a further dis- tance of one foot for each Foot by which such portion of the building is erected above a building height of 40 feet (1) PERFORMANCE STANDARDS All permitted uses in a Restricted Industrial `Gone shall be in accordance with the following standards of perform- ance: -109- TYPE OF EMISSION MAXIMUM EIMISSM'N PI:IL'tISS,ii;l.l? M Noise lmperceptible at any puint on any lot line Odours, Toxic or Corrosive Gases Nil Vibration Imperceptible outside the building (iv) Glare and Heat Imperceptible outside the building (v) Electromagnetic Imperceptible outside the building (m) OPEN STORAGE No storage of goods or materials shall be permitted outside any building unless such goods or materials are enclosed within a wooden, plastic and/or metal fence, extending at least 6 feet in height from the ground, constructed of new materials. All such fences, except those constructed of aluminum, shall be painted and kept painted, from time to time, so as to maintain the wood or metal in g6od condition. (n) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards shall be kept open and unobstructed by any structure or parking area for motor vehicles, e:;cept for visitor parking areas. (o) PROPERTY ABUTTING RAILWAY Notwithstanding any other p rovis ion Of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway. right-of-way. (p) GENERAL PROVISIONS In accordance with the provisions of Section 3 hereof." -110- ( (iv) other permitted uses un lot with private well and septic tank 30,000 sq. ft. (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 70 feet (iii) other permitted uses on a lot abutting any other zone 105 feet (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use 25 feet (ii) other permitted uses on a lot abutting an Industrial Zone 70 feet (iii) other permitted use on a lot abutting any other zone 105 feet (e) INTERIOR SIDE YARD (MINI,,fU,I) (i) public use 20 feet (ii) other permitted use on a lot abutting an Industrial Zone 10 feet (iii) other permitted use on a lot abutting any other zone 60 feet (f) REAR YARD (MINIMUM) (i) public use 25 feet (ii) other permitted use on a lot abutting an Industrial Zone 45 feet (iii) other permitted use on a lot abutting any other zone 75 feet (g) FLOOR AREA RATIO (MAXIMUM) (i) lot with public water and sanitary sewer (a) public use 0.50 (b) other permitted uses 0.60 -112- (ii) lot with public water and septic tank or private well and sanitary sewers (a) public use 0. 35 (b) other permitted uses 0. 35 (iii) lot with private well and septic tank (a) public use 0.25 (b) other permitted uses 0. 30 (h) SETBACK FROM STREET CENTRELINE (MINIMUM) (a) Highway 401 195 feet (b) Regional Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 103 feet (iii) other permitted uses on a lot abutting any other zone 133 feet (e) Other Road (i) public use 58 feet (ii) other permitted uses on a lot abutting an Industrial Zone 103 feet (iii) other permitted uses on a lot abutting any other zone 133 feet (i) LOT DEPTH (MINIMUM) Nil (j) LANDSCAPED OPEN SPACE; (MINIMUM) (i) public use 30% of lot area (ii) other permitted uses 5% of lot area (k) BUILDING HEIGHT (`I<vIMUm) (i) public use 35 feet (ii) other permitted uses If any portion of a building is erected above a height or 40 feet, such portion must be set back from tiie centreline of the abutting struet or from, the Front, side or re:ir Lot -113- line, as the case may be, in addition to the minimum set- back, front, side or rear yard requirements of this By-law a further distance of one foot for each foot by which such portion of the building is erected above a building height of 40 feet. (1) USE OF FRONT AND EXTERIOR SIDE YARD Required front and exterior side yards 'shall be kept open and unobstructed by any structure or parking area for motor vehicles, except for visitor parking areas. (m) PROPERTY ABUTTING RAILWAY Notwithstanding any other provision of this By-law to the contrary, where any lot Line or portion thereof abuts a railway right-of-way, no interior side or rear yard shall be required along that portion of such lot line which so abuts the railway right-of-way. (n) GENERAL PROVISIONS In accordance with the provisions of Section 3 Hereof." SECTTON 19 (BASTE DISPOSAL TNDUSTRIA-L (`i3) Z_Qml,; 19. 1 PER.^1ITTED USES No person she l l within any M3 Zone use any lot or cruc E , a l Le r u r HM any building or structure for any purpose except one or inure of the following X13 uses, namely: (a) RESIDENTIAL USES prohibited (b) NON-RESIDENTIAL USES a sewage treatment plant 19. 2 ZONE PROVISIONS No person shall within any M3 zone use any lot or erect, ,alter or une any building or structure except in accordance with the following; provisions: (a) LOT AREA (MINIMUM) Nil (b) LOT FRONTAGE (MINIMUM) Nil (c) FRONT YARD (MINIMUM) Q) public use 25 feet (ii) sewage treatment plant 500 feet (d) EXTERIOR SIDE YARD (MINIMUM) (i) public use 25 feet (ii) sewage treatment plant 500 feet (e) INTERIOR SIDE YARD (MINIMUM) (i) public use 20 feet (ii) sewage treatment plant 500 feet (f) REAR YARD (MINIMUM) (i) public use 25 feet sewage treatment plant 500 feet (g) FLOOR AREA RATIO (MAXIMUM) (i) public use 0.50 (ii) sewage treatment plant Nil (h) SETBACK FROM STREET CENTRELINE (MINTMUM) (i) public use 58 feet (ii) sewage treatment plant 533 feet (i) LANDSCAPED OPEN SPACE (MINIMUM) (i) public use 307 V lot area (ii) sewage treatment plant 5Z of Lot area -115- SECTION 20 OTHER BY-LAWS REPEALED All By-laws in force within the Corporation regulating the use of lands and the character, location, bulk, height, and use of buildings and structures, be and the same, are hereby amended insofar as it is necessary to give effect to the provisions oC this By-Law and the provisions of this By-law shall govern. Without limiting the generality of the foregoing provision, the following By-laws, be and the same are hereby repealed: By-law No. 589 By-law No. 734 By-law No. 753 By-law No. 71-10 By-law No. 71-11 By-law No. 73-15 By-law No. 74-53 By-law No. 75-26 By-law No. 75-76 By-law: No. 75-85 By-law. No. 77-52 By-law No. 78-13 By-law No. 78-14 -116- SECTION 21 APPROVAL This By-law shall become effective on the date hereof, subject to receiving the approval of the Ontario Municipal Board. THIS BY-LAW READ a first time this day of � A.D. 1979. THIS BY-LAW READ a second time this day of /� "/ , A.D. 1979. THIS BY-LAW READ a third time and finally passed this .�� day of b4 I , A.D. 1979. / (SEAL) G.B. Rickard, Mayor L � .M.Mc r -117- SPECIAL CONDITION 1 (Added by By-law 79-133) The whole of parts 7 and 8 in the Reference Plan registered in the Registry Office for the Registry Division of Durham (No. 10) as Plan 1OR943, and shown on Schedule "A" cross- hatched and marked with the figure 1 encircled, shall be sub- ject to special regulations hereinafter contained, and where there is any other conflict between the regulations hereinafter set out and any other provision of By-law 79-44, then the pro- visions of this Special Condition shall apply, but in all other respects the provisions of By-law 79-44, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is the whole of parts 7 and 8, Plan 1OR943. 1.2 Definitions For the purposes of this Special Condition (a) WAREHOUSE shall mean a building or structure with a roof and at least two walls wherein goods and materials are stored. 1. 3 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 follow- ing provisions: - a warehouse accessory to the uses permitted on the lot. - a parking area. -118- 1.4 Yard Requirements 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 follow- ing provisions: Interior Sideyard (minimum) 2 metres Rear Yard (minimum) 3 metres Height (maximum) 6 metres 1.5 Outside Storage Save and except parking, all permitted uses and other operations incidental thereto including storage shall be carried on within the confines of a building. i 1.6 Site Plan Agreement Pursuant to Section 35 (a) of the Planning Act, as amended, parts 7 and 8, Plan 1OR943, 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. -119- SPECIAL CONDITION 2 (Added by By-law 80-4) The lands shown on Schedule "A" cross-hatched and marked with the figure 2 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 By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects , the provisions of By-law 79-44, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross- hatched with the figure 2 encircled on the attached Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except one or more of the following uses, namely; (a) RESIDENTIAL USES a single family dwelling an existing seasonal dwelling house (b) NON-RESIDENTIAL USES a home occupation 1. 3 ZONE REQUIREMENTS (a) LOT AREA (MINIHTTM) 2 acres (b) LOT FRONTAGE (MINIMUM) 330 feet (c) FRONT YARD (MINIMUM) 25 feet (d) INTERIOR SIDE YARD (MINIMUM) 10 feet on one side 4 feet on the other plus -120- 2 feet on the narrow side for each additional or par- tial storey above the first provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the in- terior sideyard shall be 4 feet plus 2 feet for each additional or partial storey above the first. (e) EXTERIOR SIDE YARD (MINIMUM) 20 feet (f) REAR YARD (MINIMUM) 25 feet (g) DWELLING UNIT AREA (NINIMUM) 1,500 sq. ft. (h) FLOOR AREA RATIO (MAXIMUM) 0.10 -121- SPECIAL CONDITION 3 (added by By-law 80-135) The lands shown on Schedule "A" cross hatched and marked with the figure 3 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 79-44, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 79-44, as amended, shall apply. 1.1 Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 3 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 business office - a dwelling unit in a non-residential building. Special Condition 4 (Added by B/L 81 -155) The lands shown on Schedule "A", cross-hatched and marked with the figure 4 encircled and lands that become subject to special condition 4 by subsequent amendments 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 By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects, the provisons of By-law 79-44, as amended, shall apply. 1 .1 Defined Area The areas subject to this Special Condition are shown cross-hatched with the figure 4 encircled on the attached Schedule "A" hereto. 1 .2 Definitions 1 .2.1 Group Home shall mean a single housekeeping unit in a single family dwelling house in which three to ten residents, excluding staff and/or receiving family, live as a family under responsible supervision, consistent with the requirements of the residents. Group Homes shall be licensed 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 79-44, as amended, a "group home" shall also be a permitted use on those lands subject to Special Condition 4 and shall be used in accordance with the applicable zone provisions. SPECIAL CONDITION 6 (as amended by By-law 83-95, 83-120, 84-29) Those lands as shown on Schedule "A" cross-hatched and marked with the figure 6 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 By-law 79-44, then the provisions of this SPECIAL CONDITION shall apply, but in all other respects the provisions of By-law 79-44, as amended , shall apply. 1 .1 DEFINED AREA The area subject to this SPECIAL CONDITION are shown cross-hatched with the figure 6 encircled on the attached Schedule "A" hereto. Notwithstanding any provisions of this By-law to the contrary, the maximum number of lots permitted within the defined area shall be fifty (50) . 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 detached dwelling per lot, connected to a municipal water system and private sanitary waste disposal systems - uses , buildings and structures accessory to the principle use on the lot. 1 .3 ZONE PROVISIONS (a) Lot Area (minimum) 0.25 hectares (b) Lot Frontage (minimum) 50.0 metres (c) Front Yard (minimum) 7.5 metres (d) Interior Side Yard 1 .5 metres, except that where no attached garage or carport is provided, the minimum sideyard on one side shall be 4.5 metres (e) Exterior Side Yard (minimum) 6.0 metres (f) Rear Yard (minimum) 7. 5 metres (g) Dwelling Unit Area (minimum) 139.0 square metres RU + RU RU RU RU Ru `\ \\ - - I RU ' L, M I •f,U\ R I, A. ...1 0 fir\ RI RU RU ----- �- - — J OS M2 CF _ RI R F 1_ RR C2 RU ® Sp 101 Y2 I Co dition RU RU ® RU RU RU 1 ri j I i CF RU - M2 M2 RU V 031 -- . RI RU RU° , RU RU RU AMENDMENTS TO BY LAW 79-44 9-82 zone change R3-1 " I » -133 zone change Special 44 Condition 1 -' RU - RU sR -4 zone change C2-2 RU T; zone change C3-2 RU RU ��\ 804 zone change RU C4 'I ��:. 80-4 zone chan RU-Spew RU -- _ SP,Con.©-- RO Condition 'L 80-135 zone change C3- M3 — - 0S.1 % RU — Special CondUiaft 3 RU I RU RU 8�35 zone ctia►ge "CI-i RU-SpCOA. 2� 81-101zons change CF-3 RU 81-92 zone change R2 CF j »-I 81-66zonechonge RR-1 RU'� 82-20 zone change RI-2 82-85 zone change R2 83-26 zone change C3 \ i RU RU 83-17zonechange RI-3 \\\\1 RU P.00AIK 84-29 Special Condltion 6 P.con© RU OS-1 OS-I CtRU 0110" RU RR-I -123...1,4AY 9 13M C, A RICKAR CE3 Cm Em am ZONE MAP ` - CORPORATION OF 7140 "LLACM OF NLMICAUTLA BY== LAW 1592 as amended of the former Township of Clarke now in the Town of Newcastle - I I I i OFFICE CONSOLIDATION Prepared by the Town of Newcastle Planning veto ent Department 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 Not approved 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 1.592 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 BY DATE APPROVED BY O.M.B. NUMBER OR REPEALED (R) COUNCIL 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) of Planning Act) 81-36 1592 (A) March 23, 1981 May 20, 1981 81-71 1592 (A) September 21 , 1981 November 4, 1981 (Sec. 35(24) of Planning Act) 81-135 1592 (A) September 21 , 1981 November 4, 1981 (Sec. 35(24) of Planning Act) 81-51 1592 (A) May 4, 1981 November 12, 1981 81-185 1592 (A) November 16, 1981 December 24, 1981 (Sec. 35(24) of Planning Act) 81-133 1592 (A) September 21 , 1981 March 9, 1982 82-25 1592(A) March 1 , 1982 April 5, 1982 (Sec. 39(25) of the Planning Act; 82-91 1592(A) July 5, 1982 August 19, 1982 (Sec. 39(25) of the Planning Act; 82-97 1592(A) July 19, 1982 August 26, 1981 subject to Section 39(25) of the Planning Act. 80-67 1592(A) June 2, 1980 August 29, 1980 82-152 1592(A) October 18, 1982 November 22, 1982, subject to Section 39(25) of The Planning Act 81 -15 1592(A) January 26, 1981 OMB Approval March 2.3, 1983 83-52 1592(A) March 2.8, 1983 April 29, 1983, 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 83-85 1592 (A) June 13, 1983 July 18, 1983 subject to Section 39(25) of the Planning Act 83-103 1592 (A) July 11 , 1983 August 22, 1983, subject to Section 39(25) of the Planning Act 83-143 1592 (A) October 2.4, 1983 November 29, 1983 subject to Section 34 of the Planning Act 84-7 1592 (A) January 9, 1984 February 14, 1984, subject to Section 34 of the Planning Act 83-141 1592 (A) October 24, 1983 OMB Approval , April 2, 1984 84-52 1592(A) April 9, 1984 May 14, 1984, subject to Section 34 of the Planning Act 84-71 1592(A) May 14, 1984 June 18, 1984, subject to Section 34 of the Planning Act 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. fnpvf lJr li4( u((S,tfil0 J ILLUSTRATION OF LOT DEFINITIONS 1 Jt°t`04 rr LOT ®EPTH 4,0 p,4r;(;.Jn„prl,lr LOT ®EPTH LOT FRONTAGE tc(ru OVO,t"NUrJ 04 l01 l.,( LOT OEPTH LOT FRONTAGE LOT, CORNER LOT, CORNER caa. ,,n.m.r sm[s v\ 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 pra7Ee 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 Rl Rural Residential RR Commercial C Highway Commercial HC Industrial Ml 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. 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 flagpole, 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. Ii 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 mt 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 R1 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 R1 or RR 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 Rl-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 ul to 20,000 square feet plus one addition- al space for every 5,000 square feet of total floor area over 20,000 square feel including any basement area if used for industrial use. Physician, dentist, or Two parking spaces in addition to space 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-o- 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 Tem orar 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 (RI) (added by By-law 1653; former Section deleted) 4.1 USES PERMITTED No person shall within any Rl 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 Rl 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) Rl-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 Rl-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 "Rl-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; I 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. (c) RI -3 - Part of Lot 28, Concession 5 (added by B/L 83-52) Notwithstanding any provisions of this By-law to the contrary, that part of Lot 28, Concession 5, designated "Rl -3" on Schedule "A" hereto shall be used only for the purpose of a single family dwelling and a retail store for the sale of gifts and crafts subject to the following : 1 ) no person other than persons residing in the single family dwelling on the lot shall be employed in the said retail store; 2) twenty-eight percent (28%) of the area of the dwelling unit to a maximum of 23 m2 may be used for the said retail store; 3) there shall be no advertising except in compliance with the Town of Newcat 1 e Sign By-law 76-25, as amended ; 4) there shall be no external storage of goods or materials 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 accordance with the provisions of this subsection. 7) In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of By-law 1592, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter, then the provisions of By-law 1592 shall apply. ZONE PROVISIONS (a) Lot Frontage (minimum) 17.5 metres (b) Lot Area (minimum) 808.2 square metres (c) Front Yard (minimum) 6.0 metres (d) Side Yard (minimum) 2.0 metres (e) Rear Yard (minimum) 7.6 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 mechancial 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 person; 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 RR-3 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.) (d) Leskard Road RR-4 (added by B/L 81-135) Notwithstanding any provisions of this By-law to the contrary, that parcel of land designated "RR-4" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions. (1) Permitted Uses (i) One single family detached dwelling and building and structures accessory thereto. (2) Hazard Lands Notwithstanding paragraph 1(a) hereto, no person shall use, erect, place or alter any building or structure or private sanitary waste disposal system or place or remove fill of any kind within that area defined as Hazard Lands being all lands below the topographic top of bank, of the Wilmot Creek Valley, as defined by the Conservation Authority having jurisdiction. Lands identified as being "Hazard Lands" may be used for erosion and flood control purposes subject to the regu- lations of the Conservation Authority having jurisdiction. Furthermore, prior to the issuance of building permits in respect of building or structures to be erected within 7.5 metres of the area defined as Hazard Lands, the written approval of building siting plans shall be required from the Conservation Authority having jurisdiction. (3) Zone Provisions (a) Lot Area (minimum) .40 hectares (b) Lot Frontage (minimum) 30.0 metres (c) Front yard (minimum) (i) single family dwelling 15.0 metres (ii) accessory building or structure 20.0 metres (d) Side Yard (i) single family dwelling 5.0 metres (ii) accessory building or structure 5.0 metres (e) Rear Yard 10.5 metres (f) Gross Floor Area (minimum) 111.5 square metres (g) Building Height 10.5 metres (e) Leskard Road - RR-5 (added by B/L 83-85) Nothwithstanding any provisions of this by-law to the contrary, that parcel of land designated RR-5 on the attached Schedule "A" hereto shall be used only in accordance with the following provisions . i ) Permitted Uses one (1) single family detached dwelling and buildings and structures accessory thereto ii ) Zone Provisions a) lot area (minimum) 0.4 hectares b) lot frontage (minimum) 45.0 metres c) front yard (minimum) 55.0 metres d) side yard (minimum) 7.5 metres e) rear yard (minimum) 10.5 metres f) gross floor area (minimum) 111.5 square metres g) building height (maximum) 10.5 metres i M Leskard Road RR-6 (added by B/L 82-25) Notwithstanding any provisions of this By-law to the contrary, that parcel of land designated "RR-6" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions. (1 ) Permitted Uses One single family detached dwelling and buildings and structures accessory thereto. (2) Lands Subject to Flooding No person shall erect or alter any building or structure or remove or place any fill , whether originating on site or off, within the fill and construction limits of the tributary of the Wilmot Creek, as designated by the Ganaraska Region Conservation Authority, without the prior written permission and/or approval of the Ganaraska Region Conservation Authority. Furthermore, prior to the issuance of building permits for any lands within the RR-6 zone, the written approval of building siting plans must be obtained from the Conservation Authority having jurisdiction. (3) Zone Provisions (a) Lot Area (minimum) 0.4 hectares (b) Lot Frontage (minimum) 45.0 metres (c) Front Yard (minimum) 25.0 metres (d) Side Yard (minimum) 7.5 metres (e) Rear Yard (minimum) 10.5 metres (f) Gross Floor Area (minimum) 111 .5 sq. metres (g) Building Height (maximum) 10.5 metres (g) RR-7 - Part of Lot 34, Concession 1 (added by R/L 83-143) In addition to the uses referred to in Section 5.1 hereof, that Part of Lot 34, Concession 1 , which is designated "RR-7" on Schedule "A" hereto may be used in accordance with the following provisions : 1 . Block 1 (i ) Permitted Uses one (1 ) single family detached dwelling and buildings and structures accessory thereto. (ii ) Zone Provisions (a) Lot Frontage (minimum) 9n.0 metres (b) Lot Area (minimum) 1 .0 hectares (c) Front Yard (minimum) 7.5 metres (d) Interior Side Yard (minimum) 7. 5 metres (e) Exterior Side Yard (minimum) 7.5 metres (f) Rear Yard (minimum) 10.5 metres (g) Lot Coverage (maximum) 30% of the lot area (h) Setback (minimum) 17.5 metres (i ) Floor Area (minimum) 111 .5 square metres (j ) Building Height (maximum) 9.0 metres 2. Block 2 (i ) Permitted Uses one (1 ) single family detached dwelling and buildings and structures accessory thereto. (ii ) Zone Provisions (a) Lot Frontage (minimum) 30.0 metres (b) Lot Area (minimum) 2800.0 square metres (c) Front Yard (minimum) 15.0 metres (d) Side Yard (minimum) 6.0 metres (e) Rear Yard (minimum) 10.5 metres (f) Lot Coverage (maximum) 30% of the lot area (g) Setback (minimum) 2.5.n metres (h) Floor Area (minimum) 111 .5 square metres (i ) Building Height (maximum) 9.0 metres 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 I 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 (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; -- a 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. i "(d) HC-4 Part Lot 28, Concession 4 (added by By-law 84-71 ) Notwithstanding any provisions of this By-law to the contrary , that part of Lot 28, Concession 4, which is designated "HC-4" on Schedule "A" hereto may only be used in accordance with the following provisions : (i ) Permitted Uses Residential a single family dwelling, in conjunction with a permitted Non-Residential use if occupied by the owner, caretaker, watchman, or other simiilar 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, employed on the lot on which such dwelling unit is located , and his family. Non-Residential - a farmers ' co-operative corporation within the meaning of The The Corporations Act ; - a farm implement dealer; - a restaurant ; - a sporting goods service centre; - a public or municipal garage; - a hotel ; - a motel (with or without restaurant facilities) ; - a commercial nursery; - a fruit and vegetable produce sales outlet; and - a recreational vehicle sales and service outlet . (ii ) Zone Provisions (a) Residential In accordance with the provisions of Appendix 1 hereof. (b) Non-Residential i ) Lot Frontage (minimum) 30 metres ii ) Lot Area (minimum) 3500 square metres iii ) Yard Requirements (minimum) - Front Yard 15 metres - Interior Side Yard 5 metres - Exterior Side Yard 10 metres - Rear Yard 5 metres iv) Lot Coverage - Buildings (maximum) 15 percent v) Building Height (maximum) 10 metres vi ) Outside storage area and display area setback from Lot Line (minimum) 1 .25 metres vii ) Outside storage area and display area setback from Buildings (minimum) 4.5 metres viii ) Landscaped Open Space (minimum) 20 percent ix) Parking - Off-Street (minimum) 1 space per 30 square metres of total floor area SECTION 8 - INDUSTRIAL ZONE (M1) (added by By-law 1653, former Section deleted) 8.1 USES PERMITTED No person shall within any Ml 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. )v~S t 8.3 Special Provisions (added by By-law 78-49) (a) "Ml-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) "M1-2" Part of Lot 232 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; a bandstand; a boating facility, including boathouses; a golf course or golf driving range; a school; a hospital; a church. 9.2 ZONE PROVISIONS No person shall within any OS Zone use any lot or erect or use 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 spay or (ii) one parking space for eye 100 square feet of floor area available for public use exclusive of areas occupied by fixed seats c 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 maybe 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: a farm; a 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. I 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. (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. (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 2.7, Concession 6, which is designated "A-7" on the attached Schedule "X" hereto may be used for the purpose of a retail meat outlet , provided no buildings or permanent structures may be erected within the fill and construction limits of the Orono Creek, as designated by the Ganaraska Conservation 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. L (h) A-9 Part Lot 16, Concession 1 (added by B/L 82-97) Notwithstanding any provision of this By-law to the contrary, that part of Lot 16, Concession 1 , which is designated "A-9" on the attached Schedule "A" hereto shall be used only in accordance with the provisions of this subsection, except that in the event that this subsection is silent on any matter, then the provisions applicable to an "A" Zone shall apply. 1 ) Permitted Uses (a) one single family dwelling and buildings and structures accessory thereto. (b) a commercial nursery and garden centre which shall include the growing and 'selling of plant stock and the sale of accessory garden supplies. (i ) A-10 - Part of Lot 14, Concession 6 (added by By-law 83-106) In addition to the uses referred to in Section 10.1 hereof, that Part of Lot 14, Concession 6, which is designated "A-10" on Schcedule "A" hereto may be used in accordance with the following provisions . i ) Permitted Uses an existing retail shop for the sale of antiques and crafts; a tea-room or tea-garden ancillary to the retail shop; a business office ancillary to the reetail shop; a snack-bar ancillary to the retail shop ii ) Zone Provisions a) lot area (minimum) 4.0 hectares b) lot frontage (minimum) 45.0 metres c) front yard (minimum) 7.5 metres d) interior side yard (minimum) 15.0 metres e) exterior side yard (minimum) 15.0 metres f) rear yard (minimum) 15.0 metres g) lot coverage (maximum) 2 PerCent (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. (k) A-12 - Part of Lot 24, Concession 8 (added by B/L 83-141 ) In addition to the uses referred to in Section 10.1 hereof, that Part of Lot 24, Concession 8, which is designated "A-12" on Schedule "A" hereto may be used in accordance with the following provisions : (i ) Permitted Uses (a) Residential Uses: - one single family dwelling and office , and uses, buildings and structures accessory thereto. (b) Non-Residential Uses : - a sales and service outlet for boats , boat motors , snowmobiles , motorcycles and uses , buildings and structures accessory thereto - a sales outlet for new and used automobiles, house trailers, motorhomes , and uses , buildings and structures accessory thereto - a retail sales outlet for stoves , furnaces and fireplaces designed for use in residential buildings, and uses accessory thereto. (ii ) Zone Provisions (a) Lot Frontage (minimum) 50.0 metres (b) Lot Area (minimum) 1000.0 square metres (c) Front Yard (minimum) (i ) single family dwelling 30.0 metres (ii ) showroom, sales and service buildings 15.0 metres (d) Interior Side Yard (minimum) (i ) single family dwelling 7.5 metres (ii ) showroom, sales and service buildings 50.0 metres (e) Exterior Side Yard (minimum) (i ) single family dwelling 30.0 metres (ii ) showroom, sales and service buildings 15.0 metres (f) Rear yard (minimum) i ) single family dwelling 10.0 metres ii ) showroom, sales and service buildings 50.0 metres (g) Lot Coverage (i ) all buildings (maximum) 10% (ii ) outside display area (maximum) 35% (h) Parking Spaces (minimum) 10 (i ) Maximum number of automobiles permitted for display at one time 30 (j ) Landscaped Area (minimum) 2.0% (L) A-13 - Part Lot 25, Concession 7 (added by B/L 81-71) Notwithstanding any provisions of this By-law to the contrary, that part of Lot 25 , Concession 7, designated "A-13" on Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses (a) a commercial retail store, meaning a building or part thereof in which goods, wares, mer- chandise, substances, articles or things are offered or kept for sale by retail directly to the public. (b) a restaurant, means a building or part thereof in which food is prepared or sold for consumption either on the premises or elsewhere, and shall include a drive-in or take-out restaurant, and a dining lounge or club where full course meals are served, but shall not include a tavern, place of assembly or food service establishment. (c) a business office. (d) one single family dwelling and buildings and structures accessory thereto. (2) Zone Provisions (a) Lot Area (minimum) 3870.0 m2 (b) Lot Frontage (minimum) 100 metres (c) Front Yard (minimum) 10.6 metres (d) Interior Side Yard (minimum) 12.5 metres I (e) Rear Yard (minimum) 6.0 metres (f) Parking Spaces (minimum) 2 parking spaces per dwelling unit, and 1 parking space per 23 m2 of retail com- mercial floor space, and / or 1 parking space per 11 m2 of restaurant floor space. (g) Building Height (maximum) 10.6 metres (h) Building Coverage (maximum) 30 (i) Landscaped Area (minimum) 25 r (m) "A-14" Lot 32, Concession 10 (added by B/L 81-51) Notwithstanding any provision of this by-law to the contrary, that part of Lot 32, Concession 10, which is designated "A-14" on the attached Schedule 'A' hereto shall be used only in accordance with the provisions of this subsection, except that in the event that this subsection is silent on any matter, then the provisions applicable to an 'A' zone shall apply. (i) For the purposes of this Section 10.3 (m) a) "floor area" shall mean, with reference to a building or structure accessory to the permitted use(s) of the lot, the total floor area of such buildings or structures contained within the l exterior faces of the exterior walls of such buildings or structures. b) "landscaped area" shall mean that percentage of the lot which is to be retained as an open unobstructed and unoccupied space from ground to sky which is suitable for the growth and maintenance of grass, shrubs, trees or other ground cover or landscaping but does not include any driveway or ramp, whether surfaced or unsur- faced; C) "lot coverage" shall mean that percentage of the lot area occupied by the permitted uses; I d) "person" shall mean an individual or individuals, a partnership, a corporation, a municipality, or other group or body; e) "pit" shall mean any depression or cavity in the natural level of the ground made other than by natural causes by removal of top soil or sub-soil, or both, and from which sand, gravel, stone or other similar material is, or is proposed to be, removed or excavated for direct use on a road or for processing for road construction, building construction, concrete aggregates or similar uses; f) "quarry" shall have the same definition as "pit"; g) "street or road" shall mean a highway as defined by the Municipal Act, R.S.O. 1970, Chapter 284, as amended; h) "Yard" shall mean a space, appurtenant to a building or structure or excavation, located on the same lot as the building or structure or excavation and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as may be specifically permitted elsewhere within this by-law; i) "yard, front" means a yard extending across the full width of the lot between the front lot line and the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; D "front yard depth" means the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; k) "yard, rear" means a yard extending across the full width of the lot between the rear lot line and the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; 1) "rear yard depth" means the least horizontal dimension between the rear lot line of the lot and the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; M) "yard,side" means a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; ( n) "side yard width" means the least horizontal dimen- sion between the side lot line and the nearest part of any building or structure or excavation on the lot, or the nearest open storage use on the lot; o) "yard side exterior" means a side yard immediately adjoining a public street or road; p) "yard side interior" means a side yard other than an exterior; (ii) Permitted Uses No person shall use any lot or erect, alter or use any building or structure for any purpose other than the following: a) a pit or quarry; b) crushing, screening and washing of mineral aggregates; c) open storage of topsoil, subsoil, sand, gravel, or i other similar mineral aggregates originating on the lot; d) open storage of equipment and/or machinery, accessory to mineral aggregate extraction operations being carried out on the lot; e) buildings or structures accessory to mineral aggregate extraction operations being carried out on the lot; f) reforestation. (iii) Zone Provisions a) Lot Area (minimum) 15 hectares b) Lot Frontage (minimum) 100 metres c) Lot Coverage (maximum) 80% d) Landscaped Area (minimum) 20% e) Floor Area (maximum) 5 square metres f) Building Height (maximum) 2.5 metres g) Front Yard Depth (minimum) 30 metres h) Exterior Side Yard Depth (minimum) 30 metres i) Interior Side Yard Depth (minimum) 15 metres provided that where the side lot line abuts a residen- tial zone or. a lot having a residential use situate thereon within 30 metres of such common lot line the minimum side yarc depth shall be 30 metres. j) Rear Yard Depth (minimum) 15 metres provided that where the rear lot line abuts a residen tial zone or a lot having a residential use situate thereon within 30 metres of such common lot line or where the rear yard abuts a public street or roar the minimum rear yar shall be 30 metres. k) Notwithstanding the foregoing provisions, the minimum I separation between the nearest portion of any excavation and the nearest residential dwelling unit, existing at the date of passing of this Special Provision By-law, shall be 90 metres. In addition, no crushing or screening operations shall be permitted within 150 metres of the nearest residential dwelling unit existing at the date of the passing of this Special Provision By-law" I (n) A-15 Part Lot 5, Concession 7 (added by By-law 83-104) Notwithstanding any provision of this By-law to the contrary, that part of Lot 5, Concession 7, which is designated "A-15" on the attached Schedule "A" hereto shall be used only in accordance with the provisions of this Subsection, except that in the event that this Subsection is silent on any matter, then the provisions applicable to an "A" zone shall apply. The block numbers cited herein refer to block numbers on Schedule "X-1 " hereto. 1 . Block 1 a) Permitted Uses - one single family dwelling per lot and buildings and structures accessory thereto. 2. Block 2 a) Permitted Uses - no person shall use, erect, place or alter any building, structure, septic tank or tile bed on, or about any lands within that area defined as Block 2. 3. Zone Provisions - Lot Area (Minimum) 1 .94 ha (p) A-17 - Part of Lot 31 , Concession 6 (added by B/L 84-7) Notwithstanding the permitted uses referred to in Section 10.1 hereof, that Part of Lot 31, Concession 6, which is designated "A-17 on Schedule "A" hereto may only be used in accordance with the following provisions : (i ) Permitted Uses one (1 ) single family detached dwelling and buildings and structures accessory thereto (ii ) Zone Provisions (a) Lot Frontage (minimum) 40.0 metres (b) Lot Area (minimum) 4000 square metres (c) Front Yard (minimum) 15.0 metres (d) Interior Side Yard (minimum) 6.0 metres (e) Exterior Side Yard (minimum) 15.0 metres (f) Rear Yard (minimum) 15.0 metres l (g) Lot Coverage (maximum) 30% of the Lot Area (h) Setback (minimum) from Arterial Type ' A' Road 33.0 metres All Other Roads 25.0 metres (i ) Floor Area (minimum) 150.0 square metres (j ) Building Height (maximum) 10.0 metres f I "(p) A-18 - Part of Lot 25, Concession 5 (added by B/L 84-52) Notwithstanding any provisions of this By-law to the contrary, that Part of Lot 25, Concession 5, designated as Special Provision "A-18 on Schedule "A" hereto, shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision, and any other provisions of this By-law 1592, as amended, then the provisions of this Special Provision shall apply. But in the event that this Special Provision is silent on any matter then the provisions of By-law 1592, as amended, shall apply. (i ) Definitions (a) Animal Enclosure - shall mean an area completely enclosed and covered by chainlink fencing of no larger than 16cm gauge, or solid walls within which one or more animals can be confined and which is surrounded by a public security area, but shall not include a Temporary Holding Space. Where an earthen floor is provided within an animal enclosure, a 2 foot wide strip of wire mesh shall be provided, extending horizontally underground into the cage from the base of the enclosing wall or fence. (b) Animal Enclosure, Large - shall mean an animal enclosure designed to accommodate a cougar , cheetah, bear, lion or tiger and shall be limited to a maximum of three (3) animals per enclosure. (c) Animal Enclosure, Small - shall mean an animal enclosure designed to accommodate an ocelot, panther, jaguar, lynx, leopard, wolf, bobcat, or monkey and shall be limited to a maximum of two (2) animals per enclosure. (d) 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. (e) Fitness Centre - shall mean a building in which facilities are provided for recreational athletic activities including but not limited to body-building and exercise classes, and shall include associated facilities such as a sauna and solarium. i "(r) A-19 - Part of Lot 27 , Concession 6 (added by B/L 84-76) Notwithstanding any provision of this By-law to the contrary, that Part of Lot 27, Concession 6, designated as Special Provision "A-19" on Schedule "A" hereto, shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision, and any other provisions of this By-law 1592, as amended, then the provisions of this Special Provision shall apply. But in the event that this Special Provision is silent on any matter then the provisions of By-law 1592, as amended, shall apply. (i ) Permitted Uses Residential Uses Prohibited Non-Residential Uses i ) printing establishment (ii ) Zone Provisions (a) Lot Area (minimum) 1200 square metres (b) Lot Frontage (minimum) 30.0 metres (c) Yard Requirements (minimum) i ) frontyard 3.0 metres ii ) exterior side yard 0.0 metres iii ) interior side yard 24.0 metres iv) rear yard 6.0 metres (d) Floor Area (minimum) 200.0 square metres (e) Lot Coverage (maximum) 50 percent (f) Landscaped Open Space (minimum) 10 percent (g) Building Height (maximum) 12.0 metres (f) Private Zoo - shall mean a collection of animals confined within appropriate animal enclosures, privately owned and operated on a commercial basis , and shall include only the following animals : jaguar, lion, tiger, cougar, cheetah, leopard , ocelot , lynx , panther, bobcat , bear, wolf , monkey, swans , ducks and geese. Animals, reptiles or birds not specifically included in this definition, shall be prohibited. (g) Public Security Area - shall mean an area of land free and clear of any buildings or structures surrounding an animal enclosure, and which is made inaccessible to members of the public by means of a 1 .25 metre high, chain-link security fence which is secured by means of a locked gate, and which fence is no closer to an animal enclosure than 2 metres. (h) Temporary Holding Space - shall mean a fenced area connected to an associated with an animal enclosure within which an animal can be temporarily confined, and which has access only to the animal enclosure and where not separated from a public area by a public security area, such temporary holding space shall be constructed with solid walls immediately abutting any public area. (ii ) Permitted Uses No person shall , within the lands designated "Special Provision A-18" on Schedule "A" hereto, use the lands , or erect , alter, or use any building or structure for any purpose except one or more of the following uses : - one single family detached dwelling and buildings and structures accessory thereto - fitness centre - dog kennel private zoo pet cemetery souvenier shop snack bar (iii ) Zone Provisions No person shall , within the lands designated "Special Provision A-18" on Schedule "A" hereto, use the lands, or erect , alter, or use any building or structure except in accordance with the following provisions : Zone Provisions (Cont 'd) General (a) Lot Area (minimum) 40,000 square metres (b) Lot Frontage (minimum) 100 metres (c) Yard Requirements (Minimum) (i ) Front Yard 15.0 metres (ii ) Exterior Side Yard 15.0 metres (iii ) Interior Side Yard - Animal Enclosure 6.5 metres - Kennel 2.5 metres - All Other Buildings and Structures 7. 5 metres (iv) Rear Yard 10.5 metres (d) Lot Coverage (maximum) 15.0 percent (e) Landscaped Area (minimum) 40.0 percent (f) Building Height (maximum) 10.0 metres (g) Building Floor Area Requirements (i ) Single Family Dwelling 110 square metres (ii ) Fitness Centre (maximum) 1200 square metres (iii ) Kennel (maximum) 210 square metres (iv) Animal Enclosure - large (minimum) 185 square metres (v) Animal Enclosure - small (minimum) 30 square metres (vi ) Temporary Holding Areas (minimum) 4.45 square metres (h) Distance between Animal Enclosures and Buildings (minimum) 10 metres (i ) Parking Requirements (minimum) 1 parking space per 30 square metres of total building area excluding animal enclosures and a single family dwelling , plus 2 spaces per animal enclosure. Single Family Dwelling (a) Front Yard (minimum) 15.0 metres N b Side Yard minimum) 7.5 metres c� Rear Yard minimum) 10.6 metres (d) Setback (minimum) 28.0 metres (e) Floor Area (minimum) 110.0 square metres (f) Building Height (maximum) 9.0 metres (g) Number of Parking Spaces (minimum) 2 Fitness Centre (a) Front Yard (minimum) 35.0 metres (b) Side Yard (minimum) 25.0 metres (c) Rear Yard (minimum) 10.6 metres (d) Setback (minimum) 45.0 metres (e) Floor Area (maximum) 1200 square metres (f) Building Height (maximum) 10.0 metres Zone Provisions (Cont 'd) Dog Kennel (a) Front Yard (minimum) 65.0 metres M c b Side Yard 2. 5 metres Rear Yard �minimum minimum� 10.6 metres (d) Setback (minimum) 75.0 metres (e) Floor Area (maximum) 210.0 square metres (f) Building Height (maximum) 5.0 metres Private Zoo (a) Distance of Animal Enclosure from any Lot Line (minimum) 6.5 metres (b) All animals exclusive of swans , ducks and geese shall be confined at all times to either an animal enclosure or a temporary holding space. (c) Land used for the purposes of a private zoo shall be completely enclosed by security fencing having a minimum height of 1 .8 metres. Ingress and egress to such lands shall be by means of a controlled access gate which shall be kept locked and secured at all times that the private zoo is not open to the public. 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.