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HomeMy WebLinkAbout73-15 RESTRICTED AREA ` 40 BY-LAW CORPORATION OF THE VILLAGE OF NEWCASTLE PART I — SPECIFIC CONDITIONS"" I: INTERPRETATION 1.1 TITLE. This By-law may be cited as the "LAND USE CONTROL BY—LAW". 1.2 DECLARATION The Plates"A","B","C"and"D"contained herein are declared to form part of this By-law. 1.3 APPLICATION For the purposes of this By-law,the definitions and interpretations given herein shall govern. 1.4 INTERPRETATION THE RESTRICTED AREA BY—LAW NUMBER 73-15 For the purposes of this By-law, words used in the present tense include the OF THE CORPORATION OF future; words in singular number include the plural and words in the plural THE VILLAGE OF NEWCASTLE 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 A By-law, under the provisions of Section 35 of The Planning Act, R.S.O. 1970, occupied.' subject to the approval of the Ontario Municipal Board, to regulate the use of lands and the character,location and use of buildings and structures and to prohibit certain 1.5 ZONE SYMBOLS uses of land and the erection and use of certain buildings and structures in various The Zone symbols may be used to refer to lots, buildings and structures and to areas of the Corporation of the Village of Newcastle. 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 WHEREAS the Municipal Council of the Corporation of the Village of Newcastle symbols,such Zone shall mean any area within the Corporation within the scope consider it advisable to restrict,prohibit and regulate the use of land situated within of this By-law, delineated on Plate "A", and designated thereon by the symbol. the defined areas, as hereinafter designated, for the purposes of preventing any further development creating an adverse effect on the Corporation,to prevent the use 1.6 SPECIAL. ZONE SYMBOL of lands that would jeopardize future orderly development and expansion. Where the Zone symbol designating certain lands, as shown on Plate "A", is followed by a dash and a number, (for example OS-1),then special provisions in NOW THEREFORE, the Council of the Corporation of the Village of Newcastle addition to the normal Zone provisions apply to such lands. Such special ENACTS as follows: provisions will be found by reference to that section of the Bv-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 Plate "A", are construed to be lot lines,street lines,centrelines of streets,railway rights-of 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 Plate "A', at the original size, in the scale of 1 inch to 200 feet. 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 the Zone in which such use, builcung or structure is loentwi nnlP.ea n snPrifir nrnvicinn of fhie Rv-I.m nrno;rine mho ....— 2: COMPLIANCE WITH THE BY—LAW 3.5 INSPECTION The By-law Enforcement Officer,or any Officer or employee of the Corporation 2.1 APPLICATION OF BY—LAW acting under the direction of the Council, is hereby authorized to enter, at all No land, building, structure, lot or premises shall be used, and no building or reasonable hours,upon any property or premises for the purpose of carrying out structure shall be erected or altered, in whole or in part, for any purpose his duties under this By-law. EXCEPT in conformity with the provisions of this By-law. 3.6 VIOLATION AND PENALTIES 2.2 INTERPRETATION Every person who uses any lot,or erects or uses any building,structure or any The provisions of this By-law shall be held to be the minimum requirements part of any lot,building or structure in a manner contrary to any requirement of EXCEPT where the word maximum is used, in which case the maximum this By-law,or who causes or permits such use or erection,or who violates any requirement shall apply. 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 2.3 CHANGE IN LOT SIZE exceeding Three Hundred Dollars ($300.00),exclusive of costs,for each offence, No lot shall be changed in area,depth or width,either by the conveyance of land and every such penalty shall be recoverable under the Municipal Act and The or otherwise, so that the lot coverage exceeds the maximum permitted by this Summary Convictions Act. 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. 3.7 CONTRAVENTION — RESTRAINED BY ACTION In case any building or structure is to be erected, altered, reconstructed, z.4 PUBLIC ACQUISITION extended,or part thereof is to be used,or any lot is to be used,in contravention of No person shall be deemed to have contravened any provision of this By-law by any requirement of this By-law such contravention may be restrained by action reason of the fact that any part or parts of any lot has or have been conveyed to or at the instance of any ratepayer or of the Corporation,pursuant to the provisions acquired by any Public Authority. of The Municipal Act, in that behalf. 3.8 VALIDITY 3: ADMINISTRATION, ENFORCEMENT AND PENALTIES If any section,clause or provision of this By-law,including anything contained on Plates"A","B","C"or"D",is for any reason declared by a court of competent 3.1 ADMINISTRATION jurisdiction to be invalid,the same shall not affect the validity of the By-law as a This By-law shall be administered and enforced by the person appointed by the whole or any part thereof,other than the section,clause or provision, including Corporation and known as the By-law Enforcement Officer. anything contained on Plates"A","B","C"or"D",so declared to be invalid.It 3.2 BUILDING AND OTHER PERMITS is hereby declared to be the intention that all the remaining sections,*clauses or provisions including anything contained on Plates"A", "B", "C"or"D"of this Notwithstanding the provisions of the Corporation's Building By or any other By-law shall remain in full force and effect until repealed,notwithstanding that by-law of the Corporation, no building permit or occupancy permit shall be one or more provisions thereof shall have been declared to be invalid. issed where the proposed building,structure or use would be in violation of any of the provisions of this By-law. 3.3 CERTIFICATE OF OCCUPANCY No change may be made in the type of use of any lot covered by this By-law,or of any building or structure on any such lot or of any part of such lot, building or structure, until a !Certificate of Occupancy has been issued by the By-law Enforcement Officer to the effect that the proposed use complies with this By-law 3.4 APPLICATION FOR PERMITS In addition to all the requirements of the Corporation's Building By-law 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 By-law Enforcement Officer), drawn to scale and showing the following: a. The true dimensions of the lot to be built upon or otherwise 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 use and giving all information necessary to determine if such proposed or existing building,structure or use conforms to the requirements of this By-law. PART II ZONES & ZONE PROVISIONS 4: ZONES 4.1 CLASSIFICATION The provisions of this By-law apply to all lands within the limits of the Corporation,which lands,for the purpose of this By-law,are divided into various zones as follows: SYMBOL ZONE OS Open Space Zone RU Rural Zone RR Rural Residential Zone ER Estate Residential Zone 111A Residential Type 1A Zone R1 Residential Type 1 Zone R2 Residential Type 2 Zone R3 Residential Type 3 Zone CF Community Facility Zone Cl Local Commercial Zone C2 Highway Commercial Zone C3 General Commercial Zone C4 Recreational Commercial Zone Ml Restricted Industrial Zone M2 General Industrial Zone M3 Waste Disposal Industrial Zone 4.2 ZONE PROVISIONS No person shall within any of the zones included in Part II of this By-law use any land or erect or use any building or structure except in accordance with the uses permitted and the regulations thereto and subject to the General Provisions. Revised June 12, 1973. •5 PLATE '#B'' PERMITTED USES IN ZONES CORPORATION OF THE VILLAGE OF NEWCASTLE COLUMN 1 2 3 Y S 6 7 LINE 9 10 11 12 13 It IS 16 17 ) PERMITTED USES OS RU RR ER RIA RI R2 R3 CF CI C2 03 C4 M1 M2 M3 2 RESIDENTIAL SINGLE-FAMILY DWELLING HOUSE (• (B DUPLEX DWELLING HOUSE (1) d CONVERTED DWELLING HOUSE BOARDING OR LODGING HOUSE APARTMENT DWELLING HOUSE n SEASONAL DWELLING HOUSE DWELLING UNIT IN NON-RESIO BLDG. (b (b) 3 NON-RESIDENTIAL AMBULANCE SERVICE ARENA ASSEMBLY HALL BUS STORAGE BUSINESS OR PROFESSIONAL OFFICE CEMETERY COLD STORAGE PLANT CONTRACTORS YARD CONVENIENCE STORE DRIVE-IN RESTAURANT DRY CLEANING ESTABLISHMENT EATING ESTABLISHMENT EXISTING USES FARM (P) FARM,SPECIALIZED FARM IMPLEMENT DEALER FARM PRODUCE RETAIL OUTLET FUEL STORAGE TANKS FUNERAL HOME GOLF COURSE GREENHOUSE HOME FOR THE AGED HOME OCCUPATION HOTEL LAUNDRY,COIN-OPERATED LAUNDRY ESTABLISHMENT LUMBER YARD MANUFACTURING OR PROCESSING PLANT MARINA MEDICAL CLINIC MOTEL MOTOR VEHICLE BODY SHO MOTOR VEHICLE DEALERSHIP MOTOR VEHICLE GASOLINE BAR MOTOR VEHICLE REPAIR GARAGE MOTOR VEHICLE SERVICE STATION MOTOR VEHICLE WASH,AUTOMATIC MUNICIPAL OFFICES MUNICIPAL YARD NURSING HOME NURSERY SCHOOL OPEN STORAGE W PARKING LOT • •) PASSENGER TRANSPORT DEPOT PLACE OF ENTERTAINMENT PLACE OF WORSHIP ° POST OFFICE PROCESSING PLANT PROVINCIAL BUILDING PUBLIC PARK-- PUBLIC USE f f I t RENTAL AGENCY � t r R f) RETAIL COMMERCIAL ESTABLISRMEM SCHOOL SERVICE SHOP SEWAGE TREATMENT PLANT SPECIAL USE AREA (c) TAXI OFFICE AND WAITING ROOM TOURIST CAMP TOURIST HOME TRUCK TERMINAL OR YARD WAREHOUSE WORKSHOP This is plate"B"to by-law No.73-15. •rw.,.,,.,,.Y„I,.• Passed this 17th day of September 1973 r7•w«r.w.•u"W Reeve:Alfred R.Gray Im Clerk: Gertrude Gray WMYIIm Muw6T FOOTNOTES (•)TO(P)SEE PLATE V TEXT " ` ^ " " " LOT 11 LOT T TO RU RU RU RU RU RU RU RI R RU CF 0S 2 M RI R3 RR C2 RU RU RU I RU GF RI RU RU R RU RU RU RU C4 RU u RU M3 0S-I RU RU RU RU CF RU RU RU RU rM EM EM Em RU EM CM This is plate"A"to by-la,No.73-15. Passed tWs 17th day of September 1,73. PLATE ZONE MAP CORPORATION OF THE VILLAGE OF NEVVCABTLE 6: PLATE "B", PERMITTED USES IN ZONES, TEXT (a) 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) A dwelling unit or units in a portion of a Non-Residential building shall be permitted, except in the case of a motor vehicle service station, motor vehicle body shop or motor vehicle repair garage. (c) The OS-1 Zone is a Special Use Area, where all uses in an OS Zone are permitted, except no permanent buildings or structures are permitted unless for flood control. (d) A seasonal fruit, vegetable,flower or farm produce sales outlet, provided such produce is the product of the farm on which such sales outlet is located. (e) Open storage use of goods or materials if accessory to a use permitted within the Zone. (f) A public use in accordance with the provisions of Part 111 9.17 hereof. (g) A single-family detached 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. (h) A single-family dwelling house is a permitted use in an RU Zone provided that the lot on which such dwelling is to be erected fronts upon an improved public street, maintained year round, under the jurisdiction of the Corporation, County or Province. (i) 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. (j) A trailer sales, services and rental outlet and the overnight 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 Plate`A'-Zone Map. (k) A Specialized Farm,as defined in this By-law,shall be permitted in Lot 30 Concession I in the Ru-1 Zone as delineated on Plate `A' -Zone Map. (1) No residential use shall be permitted within 1,500 feet of the RU-1 Zone. (m) In the C3-1 Zone an existing box factory shall be a permitted use. (n) In the Rl-i Zone and existing nursery school shall be a permitted use. (o) A place of entertainment, namely the existing bowling alley in the Communitv Hall shan hn PLATE 'C' 7: PLATE "C", PROVISIONS FOR RESIDENTIAL USES, TEXT PROVISIONS FOR RESIDENTIAL USES s (a) INTERIOR SIDE YARD CORPORATION OF Minimum width shall be 10 feet on one side,4 feet on the other side plus 2 feet on THE VILLAGE OF NEWCASTLE 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 the first. (b) NUMBER OF SINGLE—FAMILY DWELLING HOUSES PER LOT Maximum 1 only,provided that on any lot having an area of at least 100 acres in COLUMN A , C 0 E F G the RU Zone and used principally for farming, not more than two detached LINE RESIEENTML SINGLE-FAMILY DUPLEX CONVERTED BOARDING OR MMTMENT DWELLING UNIT IN iSPE OWELlNGHOUSE aW,pILLSEa DWELLING HOWE LODGING HOUSE DWELLING HOUSE NONRE50ENTMLSULUNG single-family dwelling houses, including the farm house, may be erected, C1 C2 altered or used if used.only for the accommodation of persons employed full time 2 ZONES RU RR RU RI ER ALL. R2 R3 R3 R3 R2 RJ RJ C4 on such farm and, provided further, that any single-family dwelling house so 7 SAINTA"SESES'E" — — SOW 22041 1 AC IX09 1�2GD TM 1,200 100 PER DWEL NG U"1 In s PUNLC WATER 'L"'00 PE"°'°^0D1 erected,altered or used shall have a minimum of 20 feet between such dwellings. NI A S SEPTIC TANK 1.100 AM I AC 12.000 At 97 IN Rt (Il y IMSEE WELLS 25 1 ATE ELLS AC INC A * I AC 21p00 At , 3N IN ITT ANITA WATFR S _ _ M 60111 190 501) 60 60 60 IM (H 3 SMITHY ATIN 6'UY N ATER — 120 120 NO ISO 100 .. • s ■ (I, (c) SINGLE—FAMILY DWELLING HOUSE AND NON—RESIDENTIAL W VAT TANK HELLS 660 150 a W W ISO 120 IS IN • * 1, BUILDING ON THE SAME LOT S VATE S ' 25 25 25 25 25 25 25 25k) 2a N) 2a ,N Where a permitted single-family dwelling house is erected, altered or used on € E.Ln the same lot in a Commercial Zone as a permitted Non-Residential building, 10 '2 fnFAgR 50E 25 25 25 25 25 25 25 2541 254) 25 Ie InSrx) NiERIR SSE then no and is required between such buildings,provided that in no case shall a u — TRIGTN1 41 t.l t•1 Nl (a IR> 111 mlt.l tuna zs HI y q AEM 25 25 25 :5 25 2, 25 254, 254, JS „, single-family dwelling house be erected,altered or used within 10 feet of a motor OEPTIO MINIMUM GnDW FLOOR vehicle service station, motor vehicle repair garage,or motor vehicle gasoline 17 AREA PER D$$ LOO X00 l50o U00 E200 LT00 (200 U00 L200 E200 191 (N 191 UNIT ISO.FT) bar. MINIMUM GROSS WEST 14 ROOM AREA ISDFTI 300 191 (D N1 15 ` M„NNT... — — a10 o.M a1. o.w 0.10 a10 Da to (IT 16 SfI1K TANK — DID 0.M 0.M DID 020 ; IF W („ (d) ENLARGING OF FARM 5 IRIYAEE SELLS aD1 a1D R as a10 TANK It Notwithstanding any provisions of this By-law to the contrary, when a farmer 1 SfPE 10 G� PROYINCMI eetll ee(II ss01 ee(G Se01 sell 6e0I as 0) ee(O eeD, 111 G, enlarges his farm by acquiring another farm in the Rural Zone and the acquired ' `°°"" °' '° °° '° as °' '° '° '° "' farm has located thereon a detached single-family dwelling house,then the new 2D s OTHER se a Se ,e 5e Se ,e 55 x 58 (0 owner may make application,under Section 29 of the Planning Act, to separate 21 MINIMUM 0PEN SPACCAPED 5 30 30 SO 30 30 30 SO 30 35 (1) from the enlarged farm a lot on which one of the dwelling houses is located, HUMBER go" provided the lot complies with the provisions of this By-law for the RRZone. 22 M GRfLUNG HOUSES 101 1 1 1 1 IN) I I 1 1 (Ti PER LOT TINUNi. HEIGHT 23 neuD a3 NT 15 35 15 JS 35 1 3 40 35 21 OTHE (e) SPECIAL YARD PROVISIONS R ZOIE PROVISIONS t11PR1 M (N W 09 IN IN (hl (h1 6)(k) Ihl 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 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. This is plate"C"to by-law No.73-15. 1EGEND Passed this 17th day of September,1973. — PROVISION NOT APPLICABLE Reeve: Alfred R.Gray W USE NOT PERMITTED clerk:Gertrude Gray (f) DWELLING UNIT IN PORTION OF NON—RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the .1 ..n MYY M,•,Nr„wrN FOOTNOTES: "'" ""''"`" (•)TO(•)SEE PLATE TEXT corresponding provisions for the Non-Residential building in which the dwelling •LYM(1 YW,N,J 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. (g) DWELLING UNIT AREA Minimum for a dwelling unit containing PLATE +D` one bedroom 600 sq.ft. PROVISIONS FOR NON-RESIDENTIAL USES Minimum for a dwelling unit containing CORPORATION OF two bedrooms 700 sq,ft, Minimum for a dwelling unit containing THE VILLAGE OF NEWCASTLE three bedrooms Minimum for a dwelling unit containing 900 sq.ft. more than three bedrooms 900 sq.ft,plus 100 sq.ft.for each bedroom in excess of three. (h) PARKING, ACCESSORY BUILDINGS, ETC. MIA"` A D E F D N Parking,Accessory building,etc.,shall be in accordance with Part III,Section 9 N[ x L Y I ZONES OS pJ ALL ZONES Cf CI C2 hereof. YI,YZ C2 CS C4 YI Y2 YS 2 $MIAL MS PUe RETAIL HOTEL RETAIL HOTEL 110 USE alt OR OTHER WS OR ESTS. IIOTF OTHER CAYr OTHER EST° MOTEL 1 BIASES["N n - _ - Iz,000 12,600 ZOPC0 1,ao0 12,°0°24000 - ro,000 2400 20.000 2x000 _ (i) CORNER LOTS IS a WATER _ S Ara tLS - - - 22.100 223°0 '-0o0N 22SO0 q In no case shall the lot area of a corner lot be less than 8400 sq. ft, or the lot ' I S,4 rTAW _ 2a,000 2apoo S, Ailt ERN( _ 30,000 30,000 f N e IT1ka,SER a SDADO 30,000 - rontage less than 70 feet, s- SWITMI x44!6 RQa .ATER _ - - - A e SEPT a TANK lao iso I!o ISO Iso ISO uo i R1'ATE If LS - _ - - 9 Ala TAW - _ - - 11a iTa 200 - • f Y 200 ITa =% - - (j) INTERIOR SIDE YARD ATM' °S 2S 21 23 31 41 IS is IS - - 41 23 4001 IO QI 400 10 '- Eo""SIDE OriDTNI fa 3a 21 25 21 M 40 2! 40 The minimum interior sideyard width shall be 12 feet on each side,provided that - INTERx+eaE II (IOTNI 23 2! i0 20 ZO 20111 20(0 20.1 20(11 - where a garage or carport is attached to or is within the main building or the lot =- "." a°' I°°' °°° It a o IxrTH) 3a 23 Za is a corner lot,the minimum width of the interior side yard shall be 4 feet,plus 2 „ o _ _ :a 23 23 25 2a 2! - - 23 2a 41111 4110, . S or ur x naa rank a aoa - loo N, - _ feet for each additional or partial storey above the first. a� SN1IrART xIO13 - - aao 2.00 a:D O.11 11.33 0.4o O.It 3p0 ,DD 4444 4411 aeo O.e0 �I a xfrlt iANk - - 0.31 O.SS Q@ 0.12 030 0.12 Loo L00 0.11 030 O.S1 0.35 M a'SVi10 TAM - - 0.23 gg 0.21 409 0,09 403 O.IS Y i • 0.10 0.13 430 0.30 (k) INTERIOR SIDE YARD I1 9� PROVINCIAL 5091 SO NNI eeM 10(N pe 91 l0ep ear ee q 4] 434, Ub, Iq SR0 a3WU SII 19 OF L+ eOUxiY ae Se as ae to le to Se >a 11 33 1° sa Nfp)as b, 311 Where an end wall contains no habitable room window, the interior side yard ° :I or4u 1e °° °' Se °° 10 M se 7e 3] 11 16 e9 e3 bi 103 P) ]E may be reduced to 15 feet. WININl91 'A"'�° ZD OMEN SPACE SO !OW a 30 so so w w 21 Rom 01A OM _ ROON AREA{SO.FTS 200 - 200 NAxINw - OF MLp2Nis Im 33 35 (1) MINIMUM SETBACK FROM STREET CENTRELINE 23 OTHER 242E PROVISIONS (0NI 41 , , wuN N,N, (al(RI G,IT le,ltl lal Nl ba,l Nlpl UI bl ,,, Where the lands are opposite the MacDonald-Cartier Freeway, the minimum setback from the street centreline shall be increased to at least 195 feet. (m) 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 This is plate to by-law No. ,1 LEGEND that no exterior enlargement occurs,that such dwelling units are not located on Passed this 17th th day of September,1973, — PROVISION NOT APPLICABLE the ground floor and that such dwelling units comply with all other provisions of Reeve:Alfred R.Gray • USE HOT PERMITTED this By-law, Clerk:Gertrude Gray TOOTH TES. P(x%P AWyr N�a 4)TO(I)SEE PLATE V TEXT (n) DWELLING UNIT ADJACENT TO M3 ZONE No residential use shall be allowed within 500 feet of an M3 Zone, 8: PLATE "D", PROVISIONS FOR NON—RESIDENTIAL USES, TEXT (h) LOT AREA Where a dwelling unit is located in a portion of a Non-Residential building, an (a) LANDSCAPED OPEN SPACE additional 4,000 square feet of lot area shall be provided where no sanitary No landscaped open space is required for farms or specialized farms. sewers and no water supply are available,and an additional 2,000 square feet of (b) FARM BUILDINGS OR FEEDLOTS lot area shall be provided where a municipal water supply only is available. No stable,barn shelter,pen,cage,kennel or other building or structure used to (i) PERFORMANCE STANDARDS house animals or domestic fowl, and no feed lot area or manure storage area shall be located within: All permitted uses in a Restricted Industrial Zone shall be in accordance with i. 1,5500 0 feet from any area zoned Residential; the following standards of performance: ii. 1,000 feet from any dwelling on adjacent land; TYPE OF EMMISSION MAXIMUM EMMISSION PERMISSIBLE iii. 200 feet from the lot line of the site on which it is situated; and i. Noise iv. 300 feet from the centreline of any road used by the public. Imperceptible at any point on (c) INTERIOR SIDE YARD any lot line ii. Odours, Toxic or Where the interior side lot line abuts a Residential Zone, the minimum interior Corrosive Gases Nil side yard width shall be 30 feet. (d) PROPERTY ABUTTING RESIDENTIAL ZONE iii. Vibration Imperceptible outside the Where the interior side or rear lot line abuts a Residential Zone,a strip adjoining building. such abutting lot line or portion thereof shall be used for no other purpose than planting in accordance with the requirements for planting strips set out in iv. Glare and Heat Imperceptible outside the Section 9(16) hereof. building. (e) LOT DEPTH v. Electromagnetic Imperceptible outside the Where the lot is a corner lot,the lot depth or flankage shall be a minimum of 125 Building. feet. (j) FRONT OR EXTERIOR SIDE YARD (f) PUMP LOCATION Where the front and/or exterior side yard abuts a Zone designated other than Notwithstanding any other provisions of this By-law to the contrary, a gasoline Industrial,the minimum yard depth abutting such Zone shall be increased by 30 pump island,as part of a motor vehicle service station, motor vehicle gasoline feet. bar,motor vehicle repair garage,motor vehicle dealership or as accessory to a permitted use, may be located within any front yard or exterior side yard (k) REAR YARD provided; Where the rear lot line is the boundary line between an Industrial Zone and a Zone designated other than Industrial, the minimum rear yard depth abutting i, the minimum distance between any portion of the pump island and any such Zone shall be increased by 30 feet. street line shall be 15 feet; and ii, where the lot is a corner lot,no portion of any pump island shall be located (1) INTERIOR SIDE YARD closer than 10 feet to a straight line between a point in the front lot line and a Where the interior side lot'line is the boundary line between an Industrial Zone and a Zone designated other than Industrial, the minimum interior side yard point in the exterior side lot line,each such point being distant 50 feet from the intersection of such lines. width abutting such Zone shall be increased by 50 feet. (g) DRIVEWAYS (m) YARDS, SETBACKS, PLANTING STRIPS FOR INDUSTRY Notwithstanding the provisions of Section 9.15 of this By-law, the following provisions shall apply to driveways: i. HEIGHT OF BUILDING If any portion of a building is erected above a height of 40 feet,such portion i. the maximum width of a driveway measured along the sidewalk where such must be set back from the centreline of the abutting street or from the front, exists, and along the street line shall be 30 feet; side or rear lot line,as the case may be,in addition to the minimum setback, ii. the minimum distance between driveways,measured along the street line front,side or rear yard requirements of this By-law, a further distance of mtersecteu ay such driveways, shall be 25 feet; one foot for each foot by which such portion of the building is erected above iii. the minimum distance between a driveway and an intersection of street a building height of 40 feet. lines,measured along the street line intersected by such driveway,shall be ii. PROPERTY ABUTTING RESIDENTIAL ZONE 30 feet; Where the front,side or rear lot line abuts a Residential Zone or portion of a iv, the minimum distance between an interior side lot line and any ariveway street the o shall be 10 feet; and pposite side of which portion of the street abuts a Residential Zone,planting strips adjoining such abutting lot line or portion thereof shall V. the interior angle formed between the street line and the centreline of any be provided within the lot in accordance with the requirements for planting driveway shall be not less than 45 degrees, string set on[ in CPrfinn o,a ►,o,. C iii. PROPERTY ABUTTING RAILWAY Notwithstaning any other provisions 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) OPEN STORAGE No storage or goods or materials shall be permitted outside any building,unless such goods or materials are enclosed within a closed 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 PART III in good condition. (o) USE OF FRONT AND EXTERIOR SIDE YARD GENERAL PROVISIONS AND DEFINITIONS 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. 9: GENERAL PROVISIONS (p) SETBACK Where the lands abut a Zone designated other than Industrial, the required The contents of this Section are: setback abutting such Zone shall be increased by 30 feet. SUBSECTION PAGE (q) PARKING, ACCESSORY BUILDINGS, ETC. 9.1 ACCESSORY BUILDINGS,STRUCTURES AND USES 17 In accordance with the provisions of Section 9 hereof. 9.2 DWELLING UNITS BELOW GRADE 18 9.3 ESTABLISHED BUILDING LINE IN BUILT—UP AREA 19 (r) MOTEL 9.4 EXTERNAL DESIGN 19 9.5 FLOOD PLAIN 19 i. DISTANCE BETWEEN BUILDINGS 9.6 FRONTAGE ON PUBLIC STREET 19 Where more than one building .7 GREATER RESTRICTIONS 19 g is erected on the same lot the minimum 9.8 HEIGHT EXCEPTIONS 20 distance between buildings shall be not less than 50 feet; provided that 9.9 HOME OCCUPATION where two external walls facing and parallel to each other contain no 9.10 ILLUMINATION 20 openings or windows to habitable rooms, the distance between such two 9.11 LOADING SPACE REQUIREMENTS 20 walls may be reduced to 10 feet. 9.12 LOTS HAVING LESS AREA AND/OR FRONTAGE 20 21 ii. COURTS 9.13 EXISTING BUILDINGS,STRUCTURES AND USES 22 Where a building erected on a lot is in a court form,the distance between the 9.14 NOXIOUS TRADE 23 opposite walls of the building forming the court shall not be less than 70 feet. GULATIONS 23 9.16 PLANTING STRIPS 27 iii. EXTERIOR WALL 9.17 PUBLIC USES 28 Where the exterior wall of a guest room contains a habitable room window 9.18 REDUCTION OF REQUIREMENTS 29 such wall shall be located no closer than 25 feet to any interior side or rear 9.19 SIGHT TRIANGLES 29 lot line. 9.20 SIGNS 29 9.21 SPECIAL USES PERMITTED 29 9.22 THROUGH LOTS 29 (s) MINIMUM SETBACK FROM STREET CENTRELINE 9.23 TRAILERS,MOBILE HOMES AND CAMPERS 29 Where the lands are opposite the MacDonald-Cartier 'Freeway, the minimum setback from street centreline shall be increased from 88 feet to 195 feet. (t) MINIMUM SETBACK FROM STREET CENTRELINE IN A M1 and M2 ZONE Where the lands opposite the Macdonald-Cartier Freeway are zoned M1 or M2,the minimum setback from the street centreline shall be increased to at least 195 feet. i LOADING SPACE REQUIREMENT TABLE 9.13 EXISTING BUILDINGS, STRUCTURES AND USES Area of Building Loading Space a. CONTINUATION OF EXISTING USES The provisions of this By-law shall not apply to prevent the use of any lot, 3,000 sq.ft.or less 1 space building or structure for any purpose prohibited by this By-law if such lot, Exceedin g building or structure was lawfully used for such purpose on the date of 3,000sq.ft. 2 spaces passing of this By-law, so long as it continues to be used for that purpose. but not 25,000 sq. ft. b. PERMITTED EXTERIOR EXTENSION Exceeding 25,00 sq.ft. 3 spaces A building,which at the date of passing of this By-law,was used for a purpose but not 80,000 sq. ft. not permissible within the Zone in which it is located, shall not be enlarged, extended, reconstructed or otherwise structurally altered, unless such Exceeding 80,000 sq,ft. 3 spaces plus 1 additional space for each building is thereafter to be used for a purpose permitted within such Zone, additional 100,000 sq. ft. or fractional part and complies with all requirements of this By-law for such Zone. thereof in excess of 80,000 sq. ft, c. PERMITTED INTERIOR ALTERATION The interior of any building lawfully used on the date of passing of this b. ACCESS By-law for a use that is not permitted within the Zone that such building is' Access to loading or unloading spaces shall be by means of a driveway at located may be reconstructed or structurally altered, in order to render the least 20 feet wide contained on the lot in which the spaces are located and same more convenient or commodious for the same purpose for which,at the leading to a street or lane located within the Zone in which the use is located. passing of this By-law, such building was used. c. LOADING SPACE SURFACE d. RESTORATION TO A SAFE CONDITION The driveways, loading and unloading spaces shall be maintained with a Nothing in this By-law shall prevent the strengthening or restoration to a safe stable surface which is treated so as to prevent the raising of dust or loose condition of any building or structure or part thereof, lawfully used on the particles. They shall, before being used, be constructed of crushed stone, date of passing of this By-law,provided that the strengthening or restoration slag,gravel,crushed brick (or tile), cinders, asphalt,concrete, or Portland does not increase the building height, size or volume or change the use of, cement binder and with provisions for drainage facilities. such building or structure. d. LOCATION The loading space or spaces required shall be located in the interior side or e. RECONSTRUCTION OF DAMAGED EXISTING BUILDINGS OR rear yard unless such space or spaces are set back from the street line a STRUCTURES minimum distance of 100 feet. Nothing in this By-law shall apply to prevent the reconstruction of any lawful non-conforming building or structure which is damged by causes beyond the e. ADDITIONS TO BUILDINGS control of the owner. 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 f. BUILDING PERMIT ISSUED building or structure which increases the floor area, then additional loading The provisions of this By-law shall not apply to prevent the erection or use, space shall be provided as required by paragraph (a) of this subsection for for a purpose prohibited by this By-law, of any building or structure, the such addition, 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 f. EXCEPTION used and continues to be used for the purpose for which it was erected and The provisions (a) of this subsection shall not apply to require the provided the erection of such building or structure is commenced within two establishment of loading spates in the C3 Zone located along King Street years after the date of the passing of this By-law and such building or between Baldwin and Beaver Streets. structure is completed within two years after the erection thereof is commenced. 9.12 LOTS HAVING LESS AREA AND/OR FRONTAGE Where a lot having a lesser lot area and/or lot frontage than required herein is g. CHANGE OF USE held under distinct and separate ownership from abutting lots as shown by a The use of a lot,building or structure which under the provisions hereof is not registered conveyance in the records of the Registry or Land Titles Office,at the permissible within the Zone in which such lot,building or structure is located date of the passing of this By-law,or where such a lot is created as a result of an shall not be changed,except to a conforming use or to a use that is similar to expropriation,such smaller lot may be used and a building or structure may be the purpose for which it was used or is more compatible with the uses erected,altered or used on such smaller lot,provided that all other requirements permitted by this By-law than the purpose for which it was used at the date of of this By-law are emmnlioa ....th nnecina of Chic TI—I.— 9.14 NOXIOUS TRADE No use shall be permitted which from its nature or the materials used therein is declared by the Local Board of Health or Council of the Corporation to be a v noxious trade, business or manufacture under The Public Health Act or Regulations thereunder, Chapter 377, R.S.O. 1970 as amended. c)b Q) 0 c ° o 0 cu ai o 0 0 a u o ° •� 9.15 PARKING AREA REGULATIONS •°CJ o a. PARKING AREA REQUIREMENTS M s! ° ° � to to W Parking spaces and areas are required under this By-law, in accordance v " w u ti °�' N with the Parking Space Requirement Table,and the owner of every building Z a. v c° ° or structure erected or used for any of the purposes hereinafter set forth shall z ro � �� v provide and maintain for the sole use of the owner,occupant or other persons Cz entering upon or making use of the said premises from time to time parking Ts C ° ° � 1 o o 0 su. a spaces and areas accordingly. ►� ° ° `' `° P °�� a� � ►7 k �a oo.0 cua y a oo co �w a co Cz C7 Aa�iu a ° oo ° c°. CZoto �+ ° it N V a c v 0 N O O g Y O C b. PARKING AREA SURFACE W n 04 CZ a y a a,ti bo to a , "w w:= CVd p w vii Each parking area and driveway connecting the parking area with a street E' ° b to ° a ° a� 0.0 tQ shall be maintained with a stable surface which is treated so as to prevent the H W '�x o to CZ CZ 3 c. °' raising of dust or loose particles. They shall, before being used, be z c a a c 0 z 0 ° 0 cZ a constructed of crushed stone,slag,gravel, crushed brick (or tile), cinders, z t/� 3 I A ro �3CDC) U quo ° `� a`ni asphalt, concrete, Portland cement binder or like material and with '� " ° ° " provisions for drainage facilities. W �' °' a 'a I t y 0 u �f 004 0a�ia�'i9 s. � ys. dam .7 O ° a u aaw° u ° v, .. a. a u to u y � � ov a�iaiaia`nic� aNia�'iy •�� �, U V U V V V V W cz W N co as cti «f cv ro " V W L4 W � G1N CL � aaQ CO a x tu2)noo .�t°n cw to a c. INGRESS AND.EGRESS i. Ingress and egress to and from the required parking spaces and areas v� roc a i ro CO a a a .a shall be provided by means of unobstructed driveways or passageways c7 a h a o, a. a a a a a a c 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 along the street line shall be 30 feet. p °o 4. iii The minimum distance between any two driveways on one lot or between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 25 feet. a' W � w to .aocr iv The minimum angle of intersection between a driveway and a street line °c + N ° to shall be 60 degrees, o W e r. c •� o Y CZ a 'In a v. Every lot shall be limited to the following number of driveways: W x bb 04 a a a. up to the first 100 feet of frontage 3~ Y o bD•=0 ct O -not more than 2 driveways with a combined width no ti exceedin g 30 A 'Ei percent of the lot frontage; and z 0 >' c o c Y 2 u � .� b. for each additional 100 feet of frontage o ;� c w + v o -not more than 1 additional driveway a Wfs4 23 0 o( 1- m 'U y d. MORE THAN ONE USE ON A LOT x `�° S�° w a•� �°^� b When a building or structure accommodates more than one type of use, the Cn o C'� n n( ° + parking space requirement for the whole building shall be the sum of the o n a .3 0 0 � requirement for the separate parts of the building occupied by the separate El o N z types of use. cRD . in tr o (Db m y ci w CL y w e. PARKING AREA LOCATION ON'LOT ti w a O Notwithstanding the yard and setback provisions of this By-law to the contrary,uncovered surface parking areas shall be permitted in the required 0 W yards or in the area between the street line and the required setback as set o ° out below.Further,in all Zones,except Residential,no driveway or parking + area is permitted within 25 feet of the boundary of a Residential Zone. o (D 5 0 ID ZONE YARD IN WHICH'REQUIRED > 1 PARKING AREA PERMITTED (D -1 Z Open Space,Commerical and Rural All ards raw Y provided that no part of any w parking area, other than a• driveway, is W w w ? w w w b located closer than 3 feet to any street line. ^ " n Residential except an Apartment ti.c n ,o ,, tr P Interior side and rear and and one ace b cD m 0 (D (D m O Dwelling House Y P that no art o provided in any driveway,provided V b °o °o 0 °°w °o °� I P y parking area, other ti `� ° than�� feet t drany ,street line and than 3 �- x provided y w o o o w M ti o t1i further that a parking area, other than a ti ° m 014 0)4 M c m ° t� driveway, M ° o y y,for a Residential use containing w �, cD • cD 'b z three or more dwelling units is located in V G �+ y (D (Do_ y M 0 o o o G°» y no other yard than the rear yard. d b y (D '0 c Residential-Apartment All ti y o �, w `�° 0 c 0 0 � � Dwelling House parking area, than a drivewayans a v, v, a Q (n � located closer than 25 feet to any street line a $ $ o w c g ° o and no closer than 10 feet to any side lot m � � v� o line. Industrial I ?' ?' °M o w o Interior side and rear yards only, except c M Z for visitor parking provided that no part ro °o o of any parking area,other than a driveway o° is located closer than 3 feet to any street 's o line. m cEP p o 2n f. ADDITIONS TO BUILDINGS The parking space requirements referred to herein shall not apply to any c 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, then parking space for the addition shall be provided as required by the 25 Parking Space Requirement Tnhh- d. MAINTENANCE g. USE OF PARKING SPACES AND AREAS Where a planting strip is required it shall be planted, nurtured and 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 used by the owner or owners of the lot on which the strip is located. 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 Zone,for the parking e. LANDSCAPED OPEN SPACE or storage of more than one of any commercial motor vehicle in excess of one-half ton capacity, EXCEPT that one commercial motor vehicle, not A planting strip referred u this subsection may form a part of any exceeding one'ton, may be stored in a private garage. landscaped open space required by this By-law. h. PARKING SPACE LOCATED ON OTHER LOT 9.17 PUBLIC USES Where the owner of a building or structure proposes to provide the required a. PUBLIC USE parking spaces and areas in a location other than on the same lot as the use Except as otherwise provided in paragraph (b)of this subsection,provisi')ns that requires such spaces and areas,then-such shall be located not more than t of this By-law shall not apply to the use of any lot or to the erection or use of 500 feet from the said lot and shall be located within the same Zone as the said, any building or structure for purposes of the services provided by a Public Lot. Authority. A i. DERELICT MOTOR VEHICLES b. LOCATION Derelict motor vehicles,which are unlicensed and/or in disrepair,making their normal use impossible or their repair financially impractical,shall not i. SPECIFICALLY PERMITTED be parked or stored in any zone other than on the premises where the storage By-law of such vehicles is accessory to a business lawfully conducted on the Where,, public use is ecifica under the heading of PERMITTED USES IN ZONLS" premises,provided that no vehicles shall be parked or stored for more than be permitted within that Zone ort Zoneshin a Zone,then such use shall only 90 days. ii. NOT SPECIFICALLY PERMITTED Where,in this By-law,a public use is not specifically referred to in any Zone, 9.16 PLANTING STRIPS then such public use shall be permitted in any Zone. a. LOCATION Where a lot in a Commercial or Industrial Zone is opposite a Residential Zone c. PROVISIONS or abuts a side or rear lot line in a Residential Zone, or where a lot in a Where such lot,building or structure is located in any Zone for a public use, Commercial or Industrial Zone is opposite a Residential Zone or where an then the following shall apply: 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 with a minimum width of 10 feet i. no goods, material or equipment shall be stored in the open, exce t a permitted in such Zone; p s A b. PREREQUISITE Where a PREREQUISITE strip ii. any Zone Provisions of the Zone in which the use is located shall be planting p is on a lot such lot shall be used for no other complied with except as otherwise provided in paragraph (d). purpose than that which existed at the date of passing of this By-law, unless and until the required planting strip is planted. d. STREETS AND INSTALLATIONS Nothing in this By-law shall prevent land to be used as a street or prevent the c. CONTENTS installation of a watermain, sanitary sewer main, storm sewer main, ga, A planting strip shall consist of at least a continuous un ierced hed crow of main,pipe line or overhead or underground hydro,telephone or other supply p g and/or communication line,provided that the location of such main or line trees,.evergreens or shrubs,not less than 6 feet high,immediately adjoining has been approved by the Cornoratinn the lot line or portion thereof along which such ninnfinct Of..;., ;. —.4-1 9.18 REDUCTION OF REQUIREMENTS b. USES No person shall change the purpose for which any lot or building is used,or erect The use of trailers, mobile homes,motorized mobile homes, truck campers- any building,or structure,or addition to any existing building,or sever any lands and camper trailers shall be prohibited in all Zones, EXCEPT in private or from any existing lot if the effect of such action is to cause the original,adjoining municipal trailer camp areas established for such use by a Trailer t by-law remaining or new building or lot to be in contravention of this By-law. under the authority of the Municipal Act. 10. DEFINITIONS For the purpose of this By-law, the definitions and interpretations given in this section shall govern unless the context requires otherwise. 9.19 SIGHT TRIANGLES On a corner lot,within the triangular space formed by the street lines and a line 10.1 ACCESSORY BUILDING OR STRUCTURE drawn from a point in one street line to a point in the other street line,each such Shall mean a detached building or structure, the use of which is customarily point being 30 feet measured along the street line from the point of intersection of incidental and subordinate to a principal use, building or structure and located the street lines no building or structure which would obstruct the vision of drivers on the same lot therewith. of motor vehicles shall be erected and no land shall be used for the purposes of growing shrubs or trees in excess of 3 feet in height. Such triangular space may hereinafter be called "sight triangle".Where the two street lines do no intersect r 10.2 ACCESSORY USE at a point, the point of intersection of the street lines shall be deemed to be the Shall mean a use customarily incidental and subordinate to, and exclusively intersection of the projection of the street lines or the intersection of the tangents devoted to the main use of the lot,building or structure and located on the same to the street lines.The requirements of this subsection shall not apply to the C3 lot with such main use. zone. 10.3 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,or to change the 9.20 SIGNS type of construction of the exterior walls or roof thereof.When used in reference The provisions of this By-law shall not apply to prevent the erection,alteration or to a lot,the word"alter"means to decrease the width,depth or area thereof or to use of any sign provided such sign complies with the By-laws of the Corporation decrease the width, depth or area of any required yard, setback, landscaped regulating signs. open space or parking area,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 9.21 SPECIAL USES PERMITTED "altered" and "alteration" shall have a corresponding meaning. 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 10.4 ASSEMBLY HALL is.situated and only for so long as it is necessary for the.work in progress and Shall mean a building, or part of a building,in which facilities are provided for until the work is completed or abandoned. For the purpose of this section such purposes sk meetings for civic, educational, political, religious or social purposes and shall include a banquet hall,private club or fraternal organization. abondoned shall mean the failure to proceed expeditiously with the construction work. 10.5 ATTIC Shall mean the portion of a building situated wholly,or in part,within the roof and which is not a one-half storey. 9.22 THROUGH LOTS 10.6 BASEMENT Where a lot which is not a corner lot has frontage on more than one street, the Shall mean that portion of a building between two floor levels which is partly, setback and front yard requirements contained herein shall apply on each street underground but which has at least one-half of its height,from finished floor to in accordance with the provisions of the Zone or Zones in which such lot is located finished ceiling,above the adjacent finished grade level adjacent to the exterior walls of the building. 10.7 BUILDING 9.23 TRAILERS, MOBILE HOMES AND CAMPERS Shall mean a structure having a roof, supported by columns or walls or a. PARKING AND STORAGE supported directly on the foundation and used for the shelter or accommodation The parking and storage of trailers,mobile homes,motorized mobile homes, of persons, animals or goods. truck campers and camper trailers shall be prohibited in all zones,EXCEPT where such vehicle is parked or stored on the owner's lot or in such areas e.stehlisherl by thv ('.nrnnratinWe Trnilnr Rv-1—, 10.8 BUTT.T)TNG RV—T.AW ILLUSTRATION OF CELLAR AND 10.9 BUSINESS OR PROFESSIONAL OFFICE Shall mean an office in which any administrative business is carried on or any BASEMENT DEFINITION profession is practised. 10.10 BY—LAW ENFORCEMENT OFFICER Shall mean the officer or employee of the Corporation for the time being charged with the duty of enforcing the provisions of the Building By-law of the Corporation. 10.11 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 mobile 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. 10.12 CAMPING LOT S 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. 10.13 CELLAR STOREY Shall mean that portion of a building between two floor levels which is partly or STOREY wholly underground and which has more than one-half of its height, from FINISHED finished floor to finished ceiling, below adjacent finished grade. GRADE A FLOOR c 10.14 COLD STORAGE LOCKER PLANT �S Shall mean a buildin g in which space in individual lockers is rented or otherwise 34p4o FLOOR g C a4$�40o e;4.e �pgQj Oba�Y10 OpQ�bp��oao°aoao made available for the storage of frozen food. 10.15 CONSERVA'T'ION WHEN "A' IS LESS THAN "B" WHEN'A'IS GREATER THAN"B" Conservation shall mean the preservation,protection and improvement of the THEN "C"IS A THEN"C"IS A components of the natural environment through comprehensive management and maintenance for both the individual and society's uses, both in the present CELLAR BASEMENT and in the future. lu.16 CONVENIENCE STORE Shall mean a retail commercial establishment supplving groceries and other daily household necessities to the immediate surrounding area. 1 10.17 CORPORATION Shall mean the Corporation of the Village of Newcastle. 10.18 COUNCIL Shall mean the Municipal Council of the Corporation of the Village of Newcastle. 10.19 COUNTY Shall mean the Corporation of the United Counties of Northumberland and NOTE: THE ABOVE ILLUSTRATIONS ARE Durham. FOR CLARIFICATION AND 747«..N nN,«..a. CONVENIENCE AND DO NOT FORM PART OF THIS BY-LAW 10.20 COUNTY ROAD 10.21 COURT i. AGRICULTURAL SERVICE DWELLING Shall mean an open and unoccupied space from ground to sky appurtenant to a Shall mean a temporary dwelling house to provide sleeping accommodation building and bounded on two or more sides by the walls of the building. and sanitary facilities for seasonal farm workers and such temporary 10.22 DRIVE RESTAURANT dwelling house may include facilities for cooking. Shall mecan an j. SEASONAL DWELLING HOUSE an eating establishment where facilities are available to serve Shall mean a single-family g meals to the customer for consumption in the customer's motor vehicle,parked during only: detached dwelling house intended to be used in an area designed for that purpose. i. the six months from April through September inclusive of the same 10.23 DRY—CLEANERS' ESTABLISHMENT calendar year; and/or 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 ti. week-ends and on random occasions such as public holidays and ski cleaning, dry dyeing, cleaning, spotting and stain removing, and for the holidays during the six months from October of one calendar year pressing of any such articles or goods which have been subjected to any such through March of the next calendar year, inclusive, but which is not process elsewhere at a dry cleaners' plant.;. used for year-round or permanent human habitation notwithstanding that it may be designed and/or constructed for such year-round or 10.24 DWELLING permanent human habitation. a. DWELLING HOUSE Shall mean a building occupied or capable of being occupied as the home, k. BOARDING OR LODGING HOUSE residence or living quarters for one or more families. 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 b. DWELLING UNIT i or head lessee supplies,for hire or gain,lodgings with or without meals for Shall mean a suite of two or more rooms,designed or intended for use by three or more persons but does not include an one family only, in which sanitary conveniences are provided, in which otherwise defined or classified herein. Y other establishment facilities are provided for cooking or the installation of cooking equipment, in which a heating system is provided and containing a private entrance 1. DWELLING UNIT AREA from outside the building or from a common hallway or stairway inside. Shall mean the habitable area contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch, verandah, C. DWELLING UNIT, BACHELOR unfinished attic,cellar or sunroom (unless such sunroom is habitable in all Shall mean a dwelling unit consisting of one bathroom and not more than seasons of the year); and excluding public two habitable rooms providing therein living, dining,sleeping and kitchen stairways and the thickness of outs de walls or common halls or areas, accommodation in appropriate individual or combination room or rooms. 25 EATING ESTABLISHMENT d. SINGLE—FAMILY DWELLING HOUSE 10. Shall mean a building Shall mean a dwelling house containing one dwelling unit and occupied by g or part of a building where food is offered for sale or sold not more than one family, to the public for immediate consumption and includes such uses as a restaurant, dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, e. DUPLEX DWELLING HOUSE coffee shop, snack bar or refreshment room or stand; but does not include a Shall mean the whole of a dwelling house that is divided horizontally into boarding or lodging house. two separate dwelling units each of which has an independent entrance 10.26 ERECT either directly from the outside or through a common vestibule. Shall mean building construction, reconstruction and relocation, and, without f. CONVERTED DWELLING HOUSE limiting the generality of the work, also includes: Shall mean a dwelling house, erected prior to the passing of this By-law, a. any preliminary h including any additions thereto constructed for permanent use, altered or r Y p Ysical operation,such as excavating,filling or drainage; converted so as to provide therein not more than four dwelling units. b. altering any existing building or structure by an addition, enlargement, g. APARTMENT DWELLING HOUSE extension, movement or other structural change; Shall mean the whole of a dwelling house that contains three or more c. any work for the doing q dwelling units which have a common entrance from street level and are Building By-law of the Corporation;.a building permit is required under the served by a common corridor. An "APARTMENT DWELLING HOUSE" poration;.and does not include any other dwelling house otherwise defined herein. d. erect, erected and erection shall have a corresponding meaning. h. SPLIT LEVEL DWELLING HOUSE 10.27 ESTABLISHED BUILDING LINE, RURAL Shall mean a dwelling house in which the first floor above finished grade is Shall mean the average setback from the street line of existing buildings when so constructed as to create two or more different levels, the vertical at least five buildings have been erected on any one side of a continuous 6on feat ho+.., .,,.,h 1e .1� h.;"" �t.,.�..r 1— +ham.. +he f..11 �+..,.o., of lnna with .+. + o..,..,�,..._ '10.28 ESTABLISHED BUILDING LINE, URBAN 10.37 FLOOR AREA RATIO Shall mean the average setback from the street line of existing buildings on one s Shall mean the quotient of the total floor area as defined herein,exclusive of all side.of one block where more than one-half of the frontage of the said side of the block has been built upon, cellar floors, divided by the lot area. 10.38 FLOOR AREA, TOTAL 10.29 EXISTING Shall mean the aggregate of the horizontal areas of each floor,whether any such Shall mean existing,being a reality or an actuality on the date of passing of this floor is above or below grade, measured between the exterior faces of the By-law. exterior walls of the building or structure at the level of each floor. 10.30 FAMILY 10.39 FORESTRY Shall mean one human being or two or more human beings related by blood, Forestry shall mean the management, development and cultivation of timber marriage or legal adoption,or a group of not more than three human beings who resources to ensure the continuous production of wood or wood need not be related by blood or marriage, living together as a single provision of proper environmental conditions for wildlife Products, housekeeping unit."Family also includes domestic servants and not more than protection against floods and erosion, protection and production of water supplies, and two boarders or lodgers. preservation of the recreation resource. 10.31 FARM 10.40 FUEL STORAGE TANK Shall mean land used for the tillage of soil and the growing of vegetables,fruits, Shall mean a tank for the bulk storage of petroleum,gasoline, fuel,oil, gas or grains or other staple crops and includes livestock raising,dairying or woodlots. flammable liquid or fluid but does not include a container for flammable liquid i or fluid legally and properly kept in a retail store or a tank for storage merely 10.32 FARM, SPECIALIZED incidental to some other use of the premises where such tank is located. Shall mean land on which the predominant economic activity consists of raising swine, chickens, turkeys or other fowl, the intensive feeding of cattle in a 10.41 FUNERAL HOME confined area, the raising of fur bearing animals, the raising or boarding of Shall mean a building or structure designed for the purpose of furnishing dogs or cats or the growing of mushrooms. funeral supplies and services to the public and includes facilities intended for 10.33 FLOOD PLAIN the preparation of the dead human body for interment or cremation. Shall mean the horizontal area 150 feet wide,with 75 feet on either side of the 10.42 GARAGE, PRIVATE centre thread of a watercourse,or the area below the ordinary spring flood level Shall mean a detached accessory building or portion of a dwelling house which of a watercourse, whichever is the greater, is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully 10.34 FLOOR AREA, GROSS enclosed and roofed and excludes a carport or other open shelter. Shall mean total floor area, as defined herein, exclusive however of: 10.43 GOLF COURSE Shall mean a public or private area operated for the purpose of playing golf,and a. any part of the building or structure below finished grade which is used for includes a par 3 golf course but does not include driving ranges, miniature heating equipment,the storage or parking of motor vehicles,locker storage courses and similar uses. and laundry facilities, children's play areas and other accessory uses, or used as living quarters by the caretaker, watchman or other supervisor of 10.44 GRADE, FINISHED the building or structure; and Shall mean the average elevation of tTie finished surface of the ground ac ground level of a building or structure. b. enclosed malls when used as a common area between stores. 10.45 GUEST 10.35 FLOOR AREA, GROUND Shall mean a person who contracts for accommodation in a tourist Shall mean the maximum ground floor area of a building measured to the establishment and includes all the members of the person's party. outside walls,excluding, in the case of a dwelling house, any private garage, carport, porch, verandah, sunroom (unless such sunroom is habitable at all 10.46 GUEST ROOM seasons of the year). Shall mean a room or suite of rooms used or maintained for the accommodation 10.36 FLOOR AREA, MANUFACTURING of an individual or individuals to whom hospitality is extended. Shall mean that portion of the gross floor area of an establishment which is used 10.47 HABITABLE ROOM for manufacturing purposes but does not include areas used for storage of Shall mean a room designed for living. sleeniny Patina nr f—i .,ro............. ILLUSTRATION OF BUILDING 10.48 HEIGHT AND HEIGHT OF BUILDING Shall mean the vertical distance, measured between the finished grade at the HEIGHT DEFINITIONS 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 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. 10.49 HIGHWAY Shall mean a highway within the meaning of The Highway Traffic Act. SURFACE �1^^I 10.50 HOME FOR THE AGED FLAT ROOF Shall mean a home for the aged within the meaning of The Homes for the Aged FINISHED'' .nd o"too... GRADE FRONT RIDGE 10.51 HOME OCCUPATION I Shall mean any occupation which is carried on as an accessory use and only by 1z EAVE members of the one family residing upon the premises. H 19.52 HOTEL 1---T_ GABLE ROOF Shall mean a tourist-establishment that consists of one building or two or more FRONT SIDE connected or adjacent buildings and that throughout all or part of a year cater to the needs of the travelling public by furnishing sleeping accommodation, may RIDGE or,may not be licensed under The Liquor Licence Act,but does not include any —r — EAVE other establishment otherwise defined or classified in this By-law. 10.53 LANDSCAPED OPEN SPACE H Shall mean the open unobstructed space from ground to sky at grade on a lot 1___ HIP ROOF accessible by walking from the street on which the lot is located and which is FRONT SIDE suitable for the growth and maintenance of grass, flowers, bushes and other RIDGE 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 EAVE wall, parking area or any open space beneath or within any building or H structure. 10.54 LANE FRONT ____1 SIDE___ GAMBREL ROOF Shall mean a public thoroughfare which affords only a secondary means of RIDGE access to abutting lots and which is not intended for general traffic circulation, 10.55 LAUNDRY, COIN—OPERATED ROOF DECK LINE EAVE 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 H public for the purpose of laundry cleaning. I___ MANSARD ROOF 10.56 LAUNDRY ESTABLISHMENT FRONT SIDE 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 10.57 LIQUOR LICENSED PREMISES Shall mean any building structure or premises licenced under The Liquor H-HEIGHT OF BUILDING Licence Board of Ontario. NOTE: THE ABOVE ILLUSTRATIONS ARE 10.58 LOADING SPACE FOR CLARIFICATION AND 'M01 CONVENIENCE ONLY AND DO NOT Shall mean an off-street space on the same lot as the building,or contiguous to a FORM PART GF THIS BY-LAW group of buildings, for the temporary loading or unloading merchandise or ,papking of a commercial vehicle while 10.59 LOT Shall mean a parcel of land which is described in a registered deed and/or ILLUSTRATION OF LOT shown in a registered plan of subdivision. DEFINITIONS 10.60 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. 10.61 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 / Ya roNr a ` rNoT WE LIFE 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: Y1°'«^`°` FRONT UR LINE DYTANEE YfCYIEO IN MF EY-uN \ A. in the latter case,the corner of the lot shall be deemed to be that point on the / l i street line nearest to the point of intersection of the said tangents; and \\ "°"°"'"` NEAR'ot I YIO FONT b. an LOT DEPTH s° LOT LINE y portion of a corner lot distant more than one hundred(100)feet from the `°`10f LINE FROM,,",TEA"L0, Lt LOT corner measured along the street line shall be deemed to be an interior lot. 'ER'"At YO 1.LINE NNMING fr rnE SIDE Lor LIN[s TMC YI0101"TOE FRORTLOr LIA, LOT DEPTH r0 uR Or IIALL [lORM[0 V tx[swE Lor LINfs � REAR LOT LINE 10.62 LOT COVERAGE LOT FRONTAGE �. NO Shall mean that percentage of the lot area covered by the perpendicular vertical NO REAR L"'`I"` projection of the area of all buildings onto a horizontal plane. LOT EROxTME Y[ .100N I -` 10.63 LOT DEPTH LINE RERRFMpICD 4 tO LINE FINN,LOT LINE YM'"YIO EpXtf Or FRONr ANo RE4 for lIF[ I tHAOOEX LOT I rNOx,to,LINE Shall mean the horizontal distance between the front and rear lot lines. If the Yw T w DI —AN l0i LIVE AT'"I INTERIOR front and rear lot lines are not parallel, "lot depth" means the length of a °'"" `°' tOt ) REULOT IN'N'FO / IrME LDE IEIIN straight line joining the middle of the front lot line with the middle of the rear lot "'"� "°"°'`I"` I TORN,` er-u line. When there is no rear lot line, "lot depth"means the length of a straight / "'°�"`Or — — ( REUmru"E ��, LOT DEPTH line joining the middle of the front lot line with the apex of the triangle formed '� FRONT AND R[AR l0i by the side lot lines, SIDE TOT LINE UMff ARE gRAIIIL LOT FRONTAGE LOT LINES ARE NOT RAAALLEL 10.64 LOT FRONTAGE Shall mean the ihorizontal, distance between the side lot line, such distance being measured perpendicularly to the line joining the middle of the front lot YOR[""°°"i1LLN OF`°""`"10' 40 IROY CaRMER / 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. 'A""""'0 STREET E LINES­.N rRO,,o CNMER YAAIYYY AE.,IES K IED' INTERIOR LOT LINE 10.65 LOT INTERIOR 11.1 LOT LINE • • I,",,, EwE TOT LIRE Mv Shall mean a lo, other than a corner lot. ---- wRNER LOT, CORNER LOT,CORNER `ON".LO,.caYEo surfs \ EM[R LOiSLRAIRX,SIDES 10.66 LOT LINE Shall mean any boundary of a lot or the vertical projection thereof. 10.67 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 access to the lot is provided shall be deemed to be the front lot line.In the case of 01R ;ELI.,LN°YYA IInY,Y Y'°°"TIXA NOTE: THE ABOVE ILLUSTRATIONS ARE a lot fronting on a navigable waterway,the shorter lot line directly adjacent to ""'" FOR CLARIFICATION AND the navigable waterway __ ._ 10.68 LOT LINE, REAR Shall mean the lot line farthest from and opposite to the front lot line. 10.78 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 10.69 LOT LINE, SIDE electric or steam railways,or other motor vehicles running only upon rails,or a Shall mean a lot line other than a front or rear lot line. motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of The 10.70 LOT, THROUGH Highway Traffic Act. Shall mean a lot bounded on two opposite sides by streets. 10.79 MOTOR VEHICLE BODY SHOP Shall mean a building or structure used for the painting or repairing of motor 10.71 MANUFACTURING OR PROCESSING PLANT vehicle bodies,exterior and undercarriage,and in conjunction with which there Shall mean a plant in which the process of producing a product suitable for use, may be towing service and motor vehicle rentals for customers while motor b vehicle is under repair,but shall not include any other establishment otherwise y hand and/or mechanical power and machinery carried on systematically defined or classified in this By-law. with division of labour. Y- 10.80 MOTOR VEHICLE, COMMERCIAL 10.72 MARINA Shall mean any commercial motor vehicle within the meaning of The Highway Shall mean a building, structure or place, containing docking facilities and Traffic Act. located on a navigable waterway,where boats and boat accessories are stored,. 10.81 MOTOR VEHICLE DEALERSHIP serviced,repaired or kept for sale and where facilities for the sale of marine Shall mean a building or structure where a franchised dealer displays new fuels and lubricants may be provided. motor vehicles for sale or rent and in conjunction with which there may be used motor vehicle sales, a motor vehicle repair garage, a motor vehicle service 10.73 MEDICAL CLINIC station,a motor vehicle gasoline bar or a motor vehicle body shop,but shall not Shall mean a building or structure where members of the medical profession, include any other establishment otherwise defined or classified in this By-law. dentists, chiropractors,osteopaths,and physicians or occupational therapists, 10.82 MOTOR VEHICLE GASOLINE BAR Shall mean one or more pump islands,each consisting of one or more gasoline either singularly or in a union provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as pumps,and a shelter having a Moor area of not more than 25 square feet,which reception areas, offices,coffee shop, consultation, X-ray and minor operating shall not be used for the sale r any product other than liquids and small. rooms,and a dispensary,providing that all such uses have access only from the accessories required for the operation of motor vehicles, but shall not include any other establishment otherwise defined or classified in this By-law. interior of the building,and shall not include any other establishment otherwise defined or classified in this By-law. 10.83 MOTOR VEHICLE RENTAL Shall mean a building or structure where motor vehicles are kept for rent,lease 10.74 MOTEL or hire under agreement for compensation. Shall mean a tourist establishment that consists of one or more than one 10.84 MOTOR VEHICLE REPAIR GARAGE building containing more than one rental unit For the purpose of catering to the Shall mean a building or structure where the exclusive service performed or uildilin executed on motor vehicles for compensation shall include the installation of g public, to whom the motor vehicle is the principal means of exhaust system, repair of the electrical system, transmission repair, brake transportation,by furnishing sleeping accommodation with or without meals, repair,radiator repair,tire repair and installation,rustproofing,motor vehicle may include permanent staff accommodation and may or may not be licenced diagnostic centre,major and minor mechanical repairs or similar use and in under the Liquor Licence Act, but does not include any other establishment conjunction with which there may be a towing service, a motor vehicle service otherwise defined or classified in this By-law. station and motor vehicle rentals for the convenience of the customer while the 10.75 MOTEL, HOUSEKEEPING UNIT motor vehicle is being repaired,but shall not include any other establishment Shall mean a tourist establishment that consists of one or more than one otherwise defined or classified in this By-law. 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 10.85 MOTOR VEHICLE SALES, USED part of the year and may include permanent staff accommodation,but does not Shall mean an establishment, with or without a building, where used motor include any other establishment otherwise defined,or classified in this By-law. vehicles are displayed for sale, but shall not include any other establishment 10.76 MOTORIZED MOBILE HOME otherwise defined or classified in this By-jaw. Shall mean any motor vehicle so constructed as to be self-contained, self 10.86 MOTOR VEHICLE SERVICE STATION propelled unit, capable of being utilized for the living, sleeping or eating Shall mean a building or structure where gasoline,oil,grease,anti-freeze,tires, accommodation of persons. tubes, tire accessories, electric light bulbs, spark-plugs, batteries and automotive accessories for motor vehicles,and new retail goods are stored or 10.77 MOTORIZED SNOW VEHICLE kept for sale to the general public, or where motor vehicles may be oiled, Shall mean a motorized snow vehicle within the meaning of The Motorized Snow greased or washed, or have their ignition adjusted, tires inflated or batteries Vehicle Act. charged, or where onlv minor r„Pet,a,,;p-i i 10.87 MOTOR VEHICLE WASH, AUTOMATIC 10.95 PARK., PUBLIC Shall mean a building or structure containing facilities for washing motor Shall mean any open space or recreational area, owned or controlled by the vehicles for compensation either using production line methods and mechanical Corporation or by any Board,Commission or other Authority established under devices or by a self-service operation, but does not include any other motor any statute of the Province of Ontario and may include therein neighbourhood, + vehicle establishment herein defined where car washing is done only as community, regional and special parks or areas and may include one or more incidental to the principal operation. athletic fields, field houses, community centres, bleachers, swimming pools, greenhouses,botannical gardens,zoological gardens,bandstands,skating rinks 10.88 NAVE tennis courts, bowling greens, boat liveries, bathing stations, curling rinks, Shall mean that portion of a church or place of worship where the congregation refreshment rooms, fair grounds, arenas, tent or trailer camp or park, golf assembles during normal services and which is gene ally located between the courses, or similar uses. chancel and the vestibule or narthex. 10.96 PARKING AREA 10.89 NON—CONFORMING Shall mean an area provided for the parking of motor vehicles and may include Shall mean the use of land,building or strucutre which does not comply with the aisles having a minimum width of 18 feet, parking spaces having a minimum width provisions of the By-law for the zones in which such land,building or structure is part of f 10 feet,and related ingress and egress lanes, but shall not include any located, as of the date of passing of this By-law. a public street. Parking Area" may include a private garage. 10.90 NON—RESIDENTIAL 10.97 PARKING LOT Shall mean any parking area other than a parking area accessory to a Shall mean when used to describe a use,building or structure,a commercial or permitted use. industrial business or public or institutional use, building or structure permitted by the By-law. 10.98 PARKING SPACE Shall mean an area of not less than 200 square feet, exclusive of any aisles, 10.91 NOXIOUS ingress or egress lanes,for the temporary parking or storage of motor vehicles, Shall mean when used with reference to any use of land,building or structure,a and may include a private garage. 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 10.99 PERSON odour, noise or vibration or unsightly storage of goods, wares, merchandise, Shall mean any human being, association, firm partnership, incorporated salvage, junk, waste or other material, a condition which may become company,corporation,agent or trustee,and the heirs, executors or other legal hazardous or injurious as regards health or safety or which prejudices the representatives of a person to whom the context can apply according tar law., character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use of land, building or structure. 10.100 PLACE OF ENTERTAINMENT f Shall mean a motion picture or other theatre, auditorium,public hall, billiard 10.92 NURSING HOME or pool room,bowling alley,ice or roller skating rink,dance hall or music hall; ro rietor supplies for but does not include any place of entertainment or amusement otherwise Shall mean a building other than a hospital in which the p p pp defined or classified in this By-law. hire or gain, lodging with or without meals and,in addition, provides nursing, medical or similar care and treatment,if required,and includes a rest home or 10.101 PLACE OF WORSHIP convalescent home, but does not include any other establishment otherwise Shall mean a building dedicated to religious worship and includes a church, defined or classified in this By-law. synagogue or assembly hall and may include such accessory uses as a nursery school, a school of religious education, convent, monastery or parish hall. 10.93 NURSERY SCHOOL 10.102 PRIVATE HOSPITAL Shall mean a day nursery operated for pre-school age children within the Shall mean a private hospital within the meaning of The Private Hospital Act. meaning of The Day Nurseries Act. 10.103 PROVINCIAL HIGHWAY Shall mean a street under the jurisdiction of the Ministry of Transportation and 10.94 PARK, PRIVATE Communications. 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 10.104 PUBLIC AUTHORITY or fraternal organization for members only, and may include therein one or Shall mean Federal, Provincial, County, District or Municipal agencies, and more swimming,wading and boat facilities. Dicnic area. ski area anrAnne nr ln(iiillPC anv nnmm:oo: L_­ __.,__ 10.117 STOREY, ONE—HALF 10.105 PUBLIC LIBRARY Shall mean the portion of a building situated wholly or in part within the roof Shall mean a public library within the meaning of the Public Libraries Act. 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 10.106 RENTAL AGENCY area equal to at least 50 percent of the area of the floor next below. 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. 10.118 STORM SEWER Shall mean a sewer which carries storm sewage or surface runoff but excludes 10.107 RETAIL COMMERCIAL ESTABLISHMENT any combined or sanitary sewers. Shall mean a building or part of a building in which goods,wares,merchandise substances, articles or things are offered or kept for sale at retail, or on a 10.119 STREET OR ROAD rental basis, but does not include any establishment otherwise defined or Shall mean a public street or road for vehicles which affords the principal classified herein. means of access to abutting lots,but does not include a lane or private right-nf 10.108 RETAIL GASOLINE ESTABLISHMENT way. Shall mean a lot,building or structure where gasoline is sold at retail to the 10.120 STREET, IMPROVED PUBLIC public as a principal or incidental operation. 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 10.109 SANITARY SEWER traffic. Shall mean an adequate system of underground conduits, operated either by 10.121 STREET LINE the Corporation or by the Ministry of the Environment, which carries sewage to an adequate place of treatment which meets with the approval of the Shall mean the limit of the street or road allowance and is the dividing line Ministry of the Environment. between a lot and a street or road. 10.110 SCHOOL 10.122 STRUCTURE Shall mean a school under the jurisdiction of a Board as defined in The Shall mean anything constructed or erected,the use of which required location Department of Education Act. on the ground, or attached to something having location on the ground and, without limiting the generality of the foregoing,includes a vehicle as defined in 10.111 SERVICE SHOP The Highway Traffic Act. Shall mean a building or part of a building,not otherwise defined or classified 10.123 TENT herein,and whether conducted in conjunction with a retail store or not for the P g , goods or materials. Shall mean every kind of temporary shelter For sleeping that is not servicing or re airin of articles permanently affixed to the site and that is capable of being easily moved. 10.112 SETBACK Shall mean the horizontal distance from the centre line of the street allowance, 10.124 TOURIST CAMP OR PARK measured at right angles to such centre line,to the nearest part of any building Shall mean and include a motor vehicle camp and any parcel of land or or structure on the lot. 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 10.113 SIGN for the public whether or not a fee or charge is paid or made for the rental of Shall mean a sign within the meaning of the Corporation's Sign By-law. use thereof. 10.114 SEWAGE TREATMENT PLANT 10.125 TOURIST HOME Shall mean an area where sanitary and other liquid wastes are treated and Shall mean a private dwelling that is not part of or used in conjunction with any disposed of for discharge into a receiving body after being processed in the other tourist establishment and in which there are at least five rooms for rent treatment plant. to the travelling or vacationing public,whether rented regularly,seasonally or occasionally. 10.115 STOREY Shall mean the portion of a building, other than an attic or cellar, included 10.126 TRAILER between any floor level and the floor, ceiling or roof next above it. 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 10.116 STOREY, FIRST vehicle by which it is drawn, EXCEPT an implement of husbandry, another Shall mean the lowest storey of a building closest to finished grade having its motor vehicle or any device or apparatus not desiened to trnncnnrt 10.127 VILLAGE STREET OR ROAD I Shall mean a street or road under the jurisdictiion of the Corporation of the 10.138 WORKSHOP Village of Newcastle. Shall mean a building or structure where manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a 10.128 TRAILER, MOBILE CAMPER carpenter's shop,a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a Shall mean any vehicle in which the assembly can be erected,while stationary, commercial welder's shop, or similar uses. using the trailer body and related components for support and utilized for 10.139 YARD living,shelter and sleeping accommodation,with or without cooking facilities, which is collapsible and compact while being drawn by a motor vehicle. 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 10.129 TRAILER, MOBILE HOME unoccupied from the ground to the sky except for such accessory buildings, Shall mean any vehicle so constructed as to be suitable for attachment to a structures or uses as are specifically permitted el§.ewhere in the By-law. 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 10.140 YARD, FRONT persons,notwithstanding that such vehicle is jacked up or that its running gear Shall mean a yard extending across the full width of the lot between the front is removef3 lot line of the lot and the nearest part of any building or structure on the lot,or 10.130 TRUCK CAMPER the nearest open storage use on the lot. 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 10.141 YARD, FRONT DEPTH eating accommodation of persons. 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 10.131 TRUCK TERMINAL storage use on the lot. Shall mean a building,structure or place where trucks or transports are rented 10.142 YARD, REAR leased, kept for hire, or stored or parked for remuneration, or from which Shall mean a yard extending across the full width of the lot between the rear lot trucks or transports,stored or parked on the property,are despatched for hire line of the lot and the nearest part of any building or structure on the lot,or the as common carriers or which is a bonded or sufferance warehouse. nearest open storage use on the lot. 10.132 USE 10.143 YARD, REAR DEPTH Shall mean, when used as a noun, the purpose for which a lot or building or Shall mean the least horizontal dimension between the rear lot line of the lot structure, or any combination thereof is designed, arranged, intended, and the nearest part of any building or structure on the lot,or the nearest open occupied or maintained and "USES" shall have a corresponding meaning, storage use on the lot. "USE", when used as a verb, or "TO USE" shall have a corresponding 10.144 YARD, REQUIRED meaning. Shall mean the minimum yard required by the provisions of this By-law. t0.133 WATERCOURSE 10.145 YARD, SIDE Shall mean the natural channel for a perennial or intermittent stream of water. 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, 10.134 WATER FRONTAGE or the nearest open storage use on the lot. Shall mean a piece of land fronting on and providing access to a watercourse, bay or lake. 10.146 YARD, SIDE EXTERIOR 10.135 WATER SUPPLY Shall mean a side yard immediately adjoining a public street. Shall mean an adequate distribution system of underground piping and related 10.147 YARD, SIDE, INTERIOR storage, including pumping and purification appurtenances operated by a Shall mean a side yard other than an exterior side yard. municipal corporation and/or the Ministry of the Environment and/or any public utilities commission for public use. 10.148 YARD, SIDE, WIDTH Shall mean the least horizontal dimension between the side lot line of the lot 10.136 WATER SUPPLY PLANT and the nearest part of any building or structure on the lot,or the nearest open Shall mean a building or structure, approved by the Ministry of the storage use on the lot. Environment where water is treated for human consumption, 10.149 ZONE PROVISIONS 10.137 WELL The permissible uses,the minimum area and dimensions of lots, the minimum Shall mean an underground source of water which has been rendered dimensions of yards, the maximum floor area ratio, the minimum setback, accessible by the drilling or digging of a hole from._ground level to the water ..,.... gross floor area,the minimum landscaped open space,the maximum height of t.i•lo �" . i--'- - ---- --' - hnilrlinac ILLUSTRATION OF YARD DEFINITIONS I PART IV SIDE LOT LINE ENACTMENT . 11: OTHER BY—LAWS REPEALED LOT OEPTN 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 of this By-law and the provisions of this By-law shall govern.Without LOT F1104TAGE REAR LOT LINE limiting the generality of the foregoing provision,the following By-laws,be and the same are hereby repealed: By-law w No. 589 By-law No. 734 I. By-law No. 753 'lt°ulAta RERR;NRG RGR TARD Rf¢ERR[6• SIDE RIAR xRR° "' OR LOT LINE By-law N0. 71-10 `— By-law No. 71-11 O ( AWREO blip" 1 Elm WA I BUILDING 1: �4 I � n D 1 1 ' ortERlal rIK I I.tbtwy�a•1 I INti11DN MMOY Y Ir"TARO I I 1 N.°. I 12: APPROVAL I°ADR I' 1 BUILDING I This By-law shall come into force on the date it is passed by the Council of the B I Corporation of the Village of Newcastle subject to the approval of the Ontario I I I I Muncipal Board. THIS BY—LAW given its first,second and third readings and finally passed on .'R(g11RFa REDUiREO F rAA7 'K""+n° '.FRONT TAR° REWIRE°. Seventeenth day of September A.D., 1973. .�Et,Ypl .FRONJ•yARO dF r.�. IF TAN/ 01'y .IEI NACA?, I - Reeve (SEAL) STREET LINE ON FRONT LOT LIME ��� ALFRED R. GRAY CENTRELINE OF STREET/ Clerk-Treasurer GERTRUDE GRAY _ loll,e tam,NuN,CNI Y„-eI„ I'Mil60 t4T d..mm,teed.Ave mill, NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE AND DO NOT FORM PART OF THIS BY-LAW