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Home My WebLink About73-15-Unsigned (but more complete) T H E R E S T R I C T E D A R E A B Y - L A W N U M B E R . O F T H E C O R P O R A T I O N O F T H E V I L L A G E O F N E W C A S T L E T 0 T T E N S I M S H U B I C K I A S S O C I A T E S L I M I T E D C O N S U L T A N T S 7 4 7 D 0 N M I L L S R 0 A D, D 0 N M I L L S, O N T A R I O 4 1 6 - 4 2 9 - 2 5 3 1 i T H E C O R P O R A T I O N O F T H E V I L L A G E O F N E W C A S T L E M U N I C I P A L C 0 U N C I L REEVE MR. 'A.R. GRAY COUNCILLORS MR. K.D. BARR lyR:' F. COUCH MR. F. HOAR MR. R.B. RICHARD CLERK (ACTING) MRS. G. GRAY P L A N N I N G B 0 A R D CHAIRMAN MR. J.R. YATES VICE-CHAIRMAN MR. A.R. GRAY MEMBERS MR. K.D. BARR MR. D.J. CUNNINGHAM MR. F. HOAR MR. D. MOORE MR. M. PATERSON SECRETARY-TREASURER MR. K.D. BARR II P R O C E D U R E F O R D E T E R M I N I N G T H E P E R M I T T E D U S E S, A N D T H E V A R I O U S R E G U L A T I O N S I N A S P E C I F I C L 0 C A T I 0 N: 1. The By-law consists of a text divided into four parts and Plates "A", "B"t 110 and "D" 2. Note the specific location of interest on the appropriate Plate "A", "Zone Map", and determine the Zone Symbol. These appear as capital letters with or without numbers. 3. Consult Plate "B", "Permitted Uses in Zones", and determine the specific type of use allowed in that particular Zone, or locate the use of interest and determine the Zone(s) in which it is permitted. 4. If the particular type of land use or Zone is of a residential nature, consult Plate "C` . "Provisions for Residential Uses", for specific regulations. 5. If the particular type of land use or Zone is something other than residential, consult Plate "D", "Provisions for Non-Residential Uses", for specific regulations. 6. In addition to land uses and regulations referred to above, certain general conditions and provisions apply to all lots, buildings and structures, and these, together with definitions, are found in Part III, General Provisions and Definitions. T H E R E S T R I C T E D A R E A B Y - L A W N U M B E R . . . . . . . .. . . . O F T H E C O R P O R A T I O N O F T H E V I L L A G E O F N E W C A S T L E .INDEX PAGE PART I SPECIFIC CONDITIONS 1: INTERPRETATIO14 1 2: COMPLIANCE WITH THE BY-LAW 3 3: ADMINISTRATION, ENFORCEMENT AND PENALTIES 4 PART II ZONES AND ZONE PROVISIONS 4: ZONES 6 5: PLATE "A", ZONE MAP following 6 i 6: PLATE "B", PERMITTED USES IN ZONES following 6 7: PLATE "C", PROVISIONS FOR RESIDENTIAL USES following 8 8: PLATE "D", PROVISIONS FOR NON-RESIDENTIAL USES following 11 PART III GENERAL PROVISIONS AND DEFINITIONS 9: GENERAL PROVISIONS 18 10: DEFINITIONS 34 PART IV ENACTMENT 11: OTHER BY-LAWS REPEALED 57 12: APPROVAL 58 iv THE RE S TRI C TED AREA BY-LAW NUMBER .. . .. . . .. . . O F T H E C 0 R P 0 R A T I 0 N ' O F T H E V I L L A G E O F N E W C A S T L E A By-law, under the provisions of Section 35 of The Planning Act, R.S.O. 1970, 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 uses of land and the erection and use of certain buildings and structures in various areas of the Corporation of the Village of Newcastle. WHEREAS the Municipal Council of the Corporation of the Village of Newcastle consider it advisable to restrict, prohibit and regulate the use of land situated within .the defined areas, as hereinafter designated, for the purposes of pre- venting any further development creating an adverse effect on the Corporation, to prevent the use of lands that would jeopardize future orderly development and expansion. NOW THEREFORE, the Council of the Corporation of the Village of Newcastle ENACTS as follows: z, is I N T E R P R E T A T I O N 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 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' . 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 Corpora- tion within the scope of this By-law, delineated on Plate "A", and desig- nated thereon by the symbol. 1.6 SPECIAL ZONE SYMBOL 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 pro- visions 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 Plate 1°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. 2. 1: I N T E R P R E T A T I O N 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, building or structure is located, unless a specific provision of this By-law provides otherwise. I 3. 2: C 0 M P L I A N C E W I T H T H E B Y-L A W 2.1 APPLICATION OF BY-LAW No land, building, structure, lot or premises shall be used, and no building or structure shall be erected or altered, in whole or in part, for any purpose EXCEPT in conformity with the provisions of this By-law. 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 require- ment 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 permit- ted 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. 4. 3: A D M I N I S T R A T I 0 N, E N F O R C E M E N T A N D P E N A L T I E S 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. 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 com- plies with this By-law. 3.4 APPLICATION FOR PERMITS i 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 informa- tion necessary to determine if such proposed or existing building, structure or use conforms to the requirements of this By-law. 5. 3s A D M I N I S T R A T I 0 N, E N F O R C E M E N T A N D P E N A L T I E S 3.5 INSPECTION The By-law Enforcement Officer, or any Officer or employee of the Corpora- tion 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. 3.6 VIOLATION AND PENALTIES Every person who uses any lot, or erects or uses any building, 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 Three Hundred Dollars ($300.00) , exclusive of costs, for each offence, and every such penalty shall be recoverable under The Municipal Act and The Summary Convictions Act. 3.7 CONTRAVENTION - RESTRAINED BY ACTION In case any building or structure is to be erected, altered, reconstructed, extended, or part thereof 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 Corpora- tion, pursuant to the provisions of The Municipal Act, in that behalf. 3.8 VALIDITY 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 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 Plates "A", "B", "C" or "D", so declared to be invalid. It is hereby declared to be the intention that all the remaining sections, clauses or provisions including anything contained on Plates 01A", "B", "C" or "D" of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. b. 4: Z 0 H E S 4.1 CLASSIFICATION The provisions of t'sis By-law apply to all lands within the limits of -the Corporation, which lands, for the purpose of tLis By-law, are livided into various zones as followsg SYMOL 7..021E OS open Space Zone RU Rural Zone PIP, Rural ?residential Zone FR Estate Residential Zone UA Residential Type 1A Zone R1 Residential Type 1 Zone 112 Residential Type 2 Zone P3 Residential Type 3 Zone CF Community Facility Zone CZ Local Commercial Zone C2 highway Commercial.Zone C3 General Comrercial Zone C4 Recreational Commercial Zone ru Restricted Industrial Zone M2 General Industrial Zone K3 Waste Disposal Industrial Zone 4.2 ZCiTE PROVISIONS No person shall within any of the zones included in Part II of this Ley-law use any land or erect or use any building or structure ex- cept in accordance with the uses permitted and the regulations there- to and subject to the General Provisions. Revised June 129 1973 C L A R Y E T>rr a A RU i RU RU � os4 OS-I RU RU RU 0 _I R T. RU _ RI . R RU CF t OS M2 I 2 C2 .. a RI y 6 v CF M2 RR C2 RU 0 ®® _ RU RU 1 RU RU R I .R I I g®® RU F I SI R RU M2 M2 1 RU R_ 1 RU II RU RU -I e RU I 4� .,.....,.. II Rumm RU RU I C4 B RU RU RU M3 OS-I a RU I RU RU RU ° RU I ; CF f RU I RU O3-1 RU RU coe. S OS-I OSi RU ..0 EM .. ®.gym' ®m.R, ®:.............. PLATE ZONE MAP CORPORATION OF THE VILLAGE OF NEWCASTLE I PLATE B'• PERMITTED USES IN Z®I®IES CORPORATION OF THE VILLAGE OF NEWCAI3TLE GGLUMK I It j4R, S 6 7 ! 9 10 II 12 13 11 13 16 I] LINE PERMITTED USES OS ER RIA RI BE R3 CF CI C2 03 'C4 MI M2 M3 I 2 RESIDENTIAL SINGLE-FAMILY DWELLING HOSE W ) DUPLEX DWELLING HOUSE CONVERTED DWELLING HOUSE- BOARDING OR LODGING HOUSE APARTMENT DWELLING HOUSE SEASONAL DWELLING HOUSE DWELLING UNIT IN NON-RESID'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 ORIVE-IN RESTAURANT DRY CLEANING ESTABLISHMENT .EATING ESTABLISHMENT .EXISTING U5 pl FARM FARM,SPMALIZED Oj FARM IMPLEMENT DEALER FARM PROOUCE 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 CUBIC 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 e) PARKING LOT PASSENGER TRANSPORT DEPOT PLACE OF ENTERTAINMENT PLACE OF WORSHIP POST OFFICE PROCESSING PLANT PROVINCIAL BIRLOING PUBLIC PARK PUBLIC USE-f / f f f f II fl RENTAL AGENCY RETAIL'COMMERCIAL ESTABLISHMENT' 1 SCHOOL SERVICE SHOP SEWAGE TREATMENT PLANT SPECIAL USE AREA k TAXI OFFICE AND WAITING ROOM TOURIST CAMP TOURIST HOME TRUOK TERMINAL OR YARD WAREHOUSE WORKSHOP THIS IS PLATE'B' TO BY-LAW NO. PASSED THIS DAY OF ,107_ .n,h„NMeH n.easl,.YNI,I REEVE t11/en mDl,rv.,den Mv. FOOTNOTES CLERK (u)TO(P)SEE PLATED TEXT AENem AuaOiT IfTn 7. 6e PLATE "B", PERMITTED USES IN ZONES, T E X T (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 III 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 exten- sions 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 A1ay to October only shall be a per- mitted 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. Revised June 12, 1973 8. 6: PLATE "B", PERMITTED USES IN Z0NES., T E X T (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-1 Zone an existing nursery school shall be a permitted use. (o) A place of entertainment, namely the existing bowling alley in the Community Hall shall be a permitted use. Revised June 12, 1973 PLATE PR VIBI NS FOR REST E TIAL® UBEB CORPORATION THE VILLAGE OF NEWCABTLE COLUMN A B C D E F G LINE RESIDENTIAL SINGLE–FAMILY DUPLEX CONVERTED BOARDING OR APARTMENT DWELLING UNIT IN 1 TYPE DWELLING HOUSE DWELLING DWELLING HOUSE LODGING HOUSE DWELLING HOUSE NON-RESIDENTIAL BUILDING HOUSE 2 ZONES RU RR RIA RI ER OTHER RZ R3 R2 R3 R2 R3 R3 C3 C4 t– DWELLING WATER 8 _ IA00 PER DWENG UNIT 3 o SANITARY SEWERS — 9,000 7,200(( 1 AC 6,OOO11 7,200 7,200 7,200 PLUS 500 PER BEDROOM (f) 4 j H PUBLIC WATER _ 1/2 AC 14,400 10,600 1 AC 12,000 (f) f a 8 SEPTIC TANK 5 a PRIVATE WELLS 25 AC CIF I AC 24p00 YE '�I` CIE (f) 8 SEPTIC TANK AC PUBLIC WATER 8 _ 6 ° LL SANITARY SEWERS — 75 SOO) 150 500U 60 60 60 120 (f) 7 a PUBLIC WATER _ 120 120 90 150 100 iA CIE (f) E 8 SEPTIC TANK ° PRIVATE WELLS 8 " 8 SEPTIC TANK 660 150 - flE 150 120 9 0 FRONT 25 25 25 25 25 25 25 25(e) 25(e) 25 (DEPTH) (f) 10 o EXTERIOR SIDE 25 25 25 25 25 25 25 25(e) 25(e) 25 (f) (WIDTH) ( 11 INTERIOR SIDE (a) (a) (a) (a) (a) (a) (j) (a)(e) (a)(e) 25 (f) z o (WIDTH) 12 f REAR 25 25 25 25 25 25 25 25(e) 25(e) 35 (f) (DEPTH) MINIMUM GROSS FLOOR 13 AREA PER DWELLING IP00 1,500 1,500 1,200 1,700 I200 1,200 (200 IZ00 (g) (f)(g) UNIT (SO.FT.) 14 MINIMUM GROSS GUEST — _ _ — — — — (g) 300 (g) (f)(g) ROOM AREA (SO.FT.) PUBLIC WATER 8 0.40 0.40 0.10 0.40 0.40 0.40 0.40 LO (f) 15 0 o SANITARY SEWERS 16 PUBLIC WATER _ 0.10 0.20 0.20 0.10 0.20 (f) x w 8 SEPTIC TANK 17 24 ¢ PRIVATE WELLS 0.01 0.10 3K 0.10 0.10 (f) 8 SEPTIC TANK 18 aw PROVINCIAL 88(1) 88(1) 88(1) 88(l) 88(1) 88(1) 88(O 88(1) 880) 88(1) (t)(1) wi 19 y N w COUNTY 58 58 58 58 58 56 58 56 58 58 (f) sF 20 LL OTHER 58 58 58 58 58 58 58 58 58 58 (f) MINIMUM LANDSCAPED 21 OPEN SPACE 5 30 30 30 30 30 30 30 30 35 (f) % MAXIMUM NUMBER 22 OF DWELLING HOUSES I(b) I I I I I(c) I I I I (m) PER LOT 23 MAXIMUM HEIGHT 35 35 35 35 35 35 35 35 35 40 35 OF BUILDINGS(FT) 24 OTHER ZONE PROVISIONS (d)(hNa) (h) (h) (h) (h) (h) (h) (h) (h) (h)(k) (h) LEGEND _ THIS IS PLATE 'C" TO BY-LAW NO. — PROVISION NOT APPLICABLE PASSED THIS DAY OF ,197_ 3IE USE NOT PERMITTED REEVE I.Ho h,Wbickl.....late.Ilmtted FOOTNOTES: 747 don mill,road,dan mill. CLERK (a)TO (R) SEE PLATE "C"TEXT REVISED AUGUST 1973 9. 7s P L A T E "C", P R O V I S I O N S F O R R E S I D E N T I A L U S E S, T E X T (a) INTERIOR SIDE YARD Minimum width shall be 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 o�: 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) IRRIBER OF SINGLE-FAMILY DVELLING HOUSES PER LOT Maximum 1 only, provided that on any lot having an area of at least 100 acres in the RU Zone and used principally 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 dwelling house so erected, altered or used shall have a minimum of 20 feet between such dwellings. (c) SINGLE-FAMILY DWELLING MOUSE AND NON-RESIDENTI_AL BUILDING ON THE SAME LOT There a permitted single-family dwelling house is erected, altered or used on the same lot in a Commercial Zone as a permitted Non-Resi- dential building, then no yard is required between such buildings, provided 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 repair garage, or motor vehicle gasoline bar. (d) ENLARGING OF FAR11 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. (e) 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 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. Revised June 12, 1973 10. 7: P L A T E "C", P R O V I S IONS F O R R E S I D E N T I A L U S E S, T E X T (f) DWELLING UNIT IN PORTION OF NON-RESIDENTIAL BUILDING A dwelling unit in a non-residential building shall be in accordance with the corresponding provisions for the Non-Residential building in which the dwelling unit is located, provided that in no case shall a dwelling unit be located within a motor vehicle service station, motor vehicle repair garage or motor vehicle dealership. (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. (h) PARKING, ACCESSORY BUILDINGS, ETC. Parking, Accessory building, etc. , shall be in accordance with Part III, Section 9 hereof. (i) CORNER LOTS In no case shall the lot area of a corner lot be less than 8400 sq. ft. or the lot frontage less than 70 feet. (j) INTERIOR SIDE YARD The minimum interior sideyard width shall be 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 minimum width of the interior side yard shall be 4 feet, plus 2 feet 'for each additional or partial storey above the first. (k) INTERIOR SIDE YARD Where an end wall contains no habitable room window, the interior side yard may be reduced to 15 feet. Ig. 3r P IL ATE "C", P R 0 V I S ION S -F0R RE31DRNTYAL b E S, T E X T (1) MINIMUM SETBACK FROM STREET CENTRELINE Cohere the lands are opposite the Macdonald-Cartier Freewayo 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 that no exterior enlargement occurs, %slat such dwelling unit's are not locate on the ground floor and that such dwelling units comply with , all other provisions of this Bylaw. . (n) DWELLING UNIT ADJACENT TO M3 ZONE No residential use shall be allowed within 500 feet of an M3 Zone. PLAT° ®' PROVISIONS FOR NON - REBIDENTIAL USES CORPORATION OF THE VILLAGE OF NEWCASTLE COLUMN A B C D E F G H I J K L M LINE 2 ZONES OS RU ALL ZONES CF CI M1,M2 C2 C3 C4 MI M2 M3 RETAIL HOTEL RETAIL HOTEL TOURIST 2 SPECIAL USES PUBLIC USE GAS OR OTHER GAS OR OTHER CAMP OTHER ESTB, MOTEL ESTB. MOTEL 1- PUBLIC WATER B _ _ 3 ° r` SANITARY SEWERS - - 12,000 12,500 20,000 7,500 12,500 20,000 - 10,000 7,500 20,000 20,000 - PUBLIC WATER _ _ 4 f 8 SEPTIC TANK '- - 22,500 22,500 30,000N 15p00(h)22,500 3Q000 E}000N 5,000(W 25,000 25,000 - a PRIVATE WELLS _ _ 5 5 SEPTIC TANK - - 30,000 30,000 40,000 30I 3�F ilf ,'1e 40 30p00 30,000 30,000 - ,- PUBLIC WATER 8 - - - - 100 125 100 - 125 100 - 100 100 6 .°� -- SANITARY SEWERS - - 7 ? -¢ PUBLIC WATER - - - - - I50 I50 - - - f. 8 SEPTIC TANK 150 150 150 150 150 - z PRIVATE WELLS _ _ _ 8 �` B SEPTIC TANK 9 - 175 175 200 - it 31E 200 175 - - FRONT (DEPTH) 25 25 25 25 35 45 45 25 45 - - 45 25 50(1) 70(1) 500 a � 10 y EXTERIOR SIDE(WIDTH) 25 25 25 25 25 40 40 25 40 - - 40 25 50(j) 70(j) 500 II r° INTERIOR SIDE (WIDTH) 25 25 20 20 20 20(c) 20(c), 20(c) 20(c) - - 20(c) 20(c) 100U 10(1) 500 � z REAR 12 f (DEPTH) 25 25 25 25 25 25 25 25 25 - - 25 25 45(k) 45(k) 500 13 LOT DEPTH - - - - - 100(e) - - 100(e) - I - I - - - - - - O PUBLIC WATER 8 _ _ 14 o a SANITARY SEWERS 0.50 2.00 0.20 0.17 0.35 0.40 0.17 3.00 3.00 0.40 0.40 0.60 0.60 - 15 LL PUBLIC WATER 8 SEPTIC TANK - - 0.35 0.35 0.12 0.12 0.12 0.30 0.12 1.00 1.00 0.14 0.30 0.35 0.35 - a 16 PRIVATE WELLS 8 SEPTIC TANK !l 0.25 0.25 0.09 0.09 0.09 0.15 91E 0.10 0.15 0.30 0.30 � a 17 m w PROVINCIAL 88(s) 88(s) 88(s) 88(s) 98(s) 108(s) 108(s) Bets) 88 43 43 108(s) 88(s) 115(p)(t)133(p)(t) 566 ¢z I8 H w COUNTY 58 58 58 58 68 78 78 58 78 33 33 78 58 83(p) 103(p) 533 z 19 f E OTHER 58 58 58 58 68 78 78 58 78 33 33 78 58 83(p)1103(p)1 533 MINIMUM LANDSCAPED PO OPEN SPACE 30 30(a) 30 30 30 30 30 10 5 5 - 30 30 5 5 5 9G 21 MINIMUM GROSS GUEST - - - - - - 200 - - 200 - 200 - - - - ROOM AREA(S0.FT) 22 `MAXIMUM HEIGHT _ OF BUILDINGS (FT) 35 35 35 35 35 35 35 35 35 - - 35 35 (m) (m) 23 OTHER ZONE PROVISIONS (q) (L)(q) (q) (q) (q) (d)(f) (d)(q) (d)(q) (d)(f) (d)(q) (d)(q) (d)(q) WHO 1) In (a) - (W (q) (q (9)(q) Ir) (r) lq) (o) Iq) LEGEND THIS IS PLATE "D" TO BY-LAW NO. - PROVISION NOT APPLICABLE i PASSED THIS DAY OF ,197- USE NOT PERMITTED REEVE ®totton Ctrl hubicki a-clalss NNW ®0®747 dory mills rood,don m11O FOOTNOTES: 'CLERK (a)TO (1) SEE PLATE'b"TEXT REVISED AUGUST 1973 12. 8: PLATE "D" P R 0 V I S IONS FOR NON-R ES ID ENT I A L USES, TEXT (a) LANDSCAPED OPEN SPACE No landscaped open space is required for farms or specialized farms. (b) FARM BUILDINGS OR FEEDLOTS No stable, barn shelter, pen, cage, kennel or other building or structure used to house animals or domestic fowl, and no feed lot area or manure storage area shall be located within: i. 1,500 feet from any area zoned Residential; ii. 1,000 feet from any dwelling on adjacent land; iii. 200 feet from the lot line of the site on which it is situated; and iv. 300 feet from the centreline of any road used by the public. (c) INTERIOR SIDE YARD Where the interior side lot line abuts a Residential Zone, the minimum interior side yard width shall be 30 feet. (d) PROPERTY ABUTTING RESIDENTIAL ZONE Where the interior side or rear lot line abuts a Residential Zone, a strip adjoining 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 Section 9(16) hereof. (e) LOT DEPTH Where the lot is a corner lot, the lot depth or flankage shall be a minimum of 125 feet. (f) PUMP LOCATION Notwithstanding any other provisions of this By-law to the contrary, a gasoline pump island, as part of a motor vehicle service station, motor vehicle gasoline 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 provided,! 13. 8. PLATE "D", PROV I S IONS FOR NON-RE S ID E N T I A L U S E S, T E X T (f) PUMP LOCATION (contd.) 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 inter- section of such lines. (g) DRIVEWAYS Notwithstanding the provisions of Section 9.15 of this By-law, the following provisions shall apply to driveways: i. the maximum width of a driveway measured along the sidewalk, where such exists, and along the street line shall be 30 feet; ii. the minimum distance between driveways, measured along the street line intersected by such driveways, shall be 25 feet; iii. the minimum distance between a driveway and an intersection of street lines, measured along the street line intersected by such driveway, shall be 30 feet; iv. the minimum distance between an interior side lot line and any driveway shall be 10 feet; and V. the interior angle formed between the street line and the centreline of any driveway shall be not less than 45 degrees. (h) LOT AREA Where a dwelling unit is located in a portion of a Non-Residential building, an additional 4,000 square feet of lot area shall be pro- vided where no sanitary sewers and no water supply are available, and an additional 2,000 square feet of lot area shall be provided where a municipal water supply only is available. 14. 8: PLATE "D", PROVI S IONS FOR NON-RE S I D E N T I A L USES, TEXT (i) PERFORMANCE STANDARDS All permitted uses in a Restricted Industrial Zone shall be in accordance with the following standards of performance: TYPE OF EMISSION MAXIMUM EMMISSION PERMISSIBLE i. Noise Imperceptible at any point on any lot line ii. Odours, Toxic or Nil Corrosive Gases iii. Vibration Imperceptible outside the building. iv. Glare and Heat Imperceptible outside the building. V. Electromagnetic Imperceptible outside the building. (j) FRONT OR EXTERIOR SIDE YARD Where the front and/or exterior side yard abuts a Zone designated other than Industrial, the minimum yard depth abutting such Zone shall be increased by 30 feet. (k) REAR YARD 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 such Zone shall be increased by 30 feet. (1) INTERIOR SIDE YARD 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 width abutting such Zone shall be increased by 50 feet. 15. 8: PLATE "D", PROVI S IONS FOR NON-RESIDENTIAL U S E S, T E X T (m) YARDS, SETBACKS, PLANTING STRIPS FOR INDUSTRY i. HEIGHT OF BUILDING If any portion of a building is erected above a height of 40 feet, such portion must be set back from the centreline of the abutting street or from the front, side or rear lot line, as the case may be, in addition to the minimum setback, 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. ii. PROPERTY ABUTTING RESIDENTIAL ZONE Where the front, side or rear lot line abuts a Residential Zone or portion of a street the opposite side of which portion of the street abuts a Residential Zone, planting strips adjoining such abutting lot line or portion thereof shall be provided within the lot in accordance with the requirements for planting strips set out in Section 9.16 hereof. iii. PROPERTY ABUTTING RAILWAY Notwithstanding 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 in good condition. (o) 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. 16. 8; P L A T E "D", P R O V I S I O N S F O R N 0 N-R E S I D E N T I A L U S E S, T E X T (p) SETBAC' .Where the lands abut a Zone designated other than Industrial, the required setback abutting such Zone shall be increased by 30 feet. (q) PARKING, ACCESSORY BUILDINGS, ETC. In accordance with the provisions of Section 9 hereof. (r) MOTEL i. DISTANCE BETWEEN BUILDINGS Where more than one building is erected on the same lot, the minimum distance between buildings shall be not less than 50 feet; provided that where two external walls facing and parallel to each other contain no openings or windows to habitable rooms, the distance between such two walls may be reduced to 10 feet. COURTS l tdhere a building erected on a lot is in a court form, the distance between the opposite walls of the building forming the court shall not be less than 70 feet. iii. EXTERIOR WALL 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. (s) MINII�Ml SETBACK FROM STREET CENTRELINE 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 ITS A All AND M2 ZONE Where the lands opposite the Macdonald-Cartier Freeway are zoned Ml or 112, the minimum setback from the street centreline shall be increased to at least 195 feet. Revised June 12, 1973 I 17. 90 G E N E R A L P R O V I S I O N S The contents of this Section are, SUBSECTION PAGE 9.1 ACCESSORY BUILDINGS, STRUCTURES AND USES 19 9.2 DWELLING UNITS BELOW GRADE 20 9.3 ESTABLISHED BUILDING LINE IN BUILT-UP AREA 20 9.4 EXTERNAL DESIGN 21 9.5 FLOOD PLAIN 21 9.6 FRONTAGE ON PUBLIC STREET 21 9.7 GREATER RESTRICTIONS 21 9.8 HEIGHT EXCEPTIONS 22 9.9 HOME OCCUPATION 22 9. 10 ILLUMINATION 22 9. 11 LOADING SPACE REQUIREMENTS 23 9.12 LOTS HAVING LESS AREA AND/OR FRONTAGE 24 9.13 EXISTING BUILDINGS, STRUCTURES A14D USES 24 9.14 NOXIOUS TRADE 26 9.15 PARKING AREA REGULATIONS 26 9.16 PLANTING STRIPS 30 9.17 PUBLIC USES 31 9.18 REDUCTION OF REQUIREMENTS 32 9.19 SIGHT TRIANGLES 32 9.20 SIGNS 32 9.21 SPECIAL USES PERMITTED 33 9.22 THROUGH LOTS 33 9.23 TRAILERS, MOBILE H014ES AND CAMPERS. 33 18. 9: G E N E R A L P R O V I S I O N S 9.1 ACCESSORY BUILDINGS, STRUCTURES AND USES a. PERMITTED USES tidhere 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. b. LOCATION Except as otherwise provided herein, any accessory building or struc- ture 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-law 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. e. FIRE ESCAPES Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed fire escapes, in which the stair steps and floors are latticed in such a manner that the proportion of voids to solids is not less than two to one and in which guards consist of hand rails and the structural members necessary to their support, may project into any required setback a maximum distance of 4 feet. 19. 9: G E N E R A L P R O V I S I O N S 9.1 ACCESSORY BUILDINGS, STRUCTURES AND USES (cont'd.) 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 than 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 WITH 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 direct access from the lane, in which case the structure shall not be located closer than 4 feet to the interior side lot line and 8 feet to the rear lot line, or EXCEPT, where a common semi-detached garage is being erected simultaneously on both sides of the interior lot line, as 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. 20. 9: G E N E R A L P R O V I S I O N S 9.1 ACCESSORY BUILDINGS, STRUCTURES AND USES (cont'd) 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 any re- quired yard or the area between the street line and the required setback a maximum distance of 2 feet. i. RAILWAY SPUR IN IMUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an Industrial Zone, a railway spur shall be per- mitted 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, balconies, 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 patios such uses are not more than 6 feet above grade. When located in an interior side yard it shall not be closer than G feet to the interior side lot line. 9.2 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 of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room or for a similar use only. b. BASE;BENT However, a dwelling unit, in its entirety, may be located in a base- ment, provided the finished floor level of such basement is not below the level of the sanitary or storm sewer serving the building or struc- ture 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. 9.3 ESTABLISHED BUILDING LINE IN BUILT-UP AREA Notwithstanding the yard and setback provisions of this By-law to the con- trary, 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 extending on both sides of the lot, such permitted building or structure may be erected 21. 9: G E N E R A L P R O V I S I O N S 9.3 ESTABLISHED BUILDING LINE IN BUILT-UP AREA (cont°d) 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. 9.4 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 Corporation: a. building paper; b. asphalt roll-type sidings or C. insul brick siding. 9.5 FLOOD PLAIN a. USES PERMITTED No person shall use any lot or erect, alter or use any building or structure in a Flood Plain for any purpose except a golf course, a parking lot, a private park, a public park, where such uses are per- mitted by this By-law, or a public use in accordance with the pro- visions of Section 9.17 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. b. CALCULATION OF ZONE PROVISIONS No part of any Flood Plain shall be used to calculate any of the Zone Provisions as may be required by this By-law for uses in adjacent Zones. 9.6 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 com- plies with the setback provisions of this By-law. 9.7 GREATER RESTRICTIONS This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. Revised June 12, 1973 22. 9t G E N E R A L P R O V I S I O N S 9.8 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, a 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 external equipment associated with internal building equipment. 9.9 HOME OCCUPATION The following regulations apply to a dwelling unit wherein a home occupa- tion is permitted: a. No person, other than a member of the family, is engaged in 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% 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. 9.10 ILLUMINATION Lighting fixtures designed for exterior illumination shall be installed with the light directed downward and deflected away from adjacent lots. 23. 9: G E N E R A L P R O V I S I O N S 9.11 LOADING SPACE REQUIREMENTS a. LOADING SPACE Loading or unloading spaces are required under this By-law, in accord- ance 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 unloading spaces accordingly. Each loading or unloading space shall be 30 feet long, 12 feet wide and have a vertical clearance of at least 14 feet. In addition, adequate space on the lot shall be provided for the parking of vehicles awaiting access to the loading or unloading spaces. LOADING SPACE REQUIREMENT TABLE Area of Building Loading Space 3,000 sq. ft. or less 1 space Exceeding 3,000 sq. ft. 2 spaces but not 25,000 sq. ft. Exceeding 25,000 sq. ft. 3 spaces but not 80,000 sq. ft. Exceeding 80,000 sq. ft. 3 spaces plus 1 additional space for each additional 100,000 sq. ft. or fractional part there- of 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. LOADING 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, be con- structed of crushed stone, slag, gravel, crushed brick (or tile) , cinders, asphalt, concrete, or Portland cement binder and with pro- visions for drainage facilities. 24. 9. G E N E R A L P R O V I S I O N S 9.11 LOADING SPACE REQUIREMENTS (cont`d) d. LOCATION 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, then additional loading space shall be provided as required by paragraph (a) of this subsection for such addition. f. EXCEPTION The provisions (a) of this subsection shall not apply to require the establishment of loading spaces in the C3 Zone located along King Street between Baldwin and Beaver Streets. I 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 held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry or Land 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, 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 com- plied with. 9.13 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 pur- pose on the date of passing of this By-law, so long as it continues to be used for that purpose. b. PEP14ITTED 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, extended, reconstructed or otherwise structurally al- tered, 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. Revised June 12, 1973 is. 90 G E N E R A L P R O V I S I O N S 9.13 EXISTING BUILDINGS, STRUCTURES AND USES (coat°d) 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 the same more convenient or commodious for the same purpose for which, at the passing of this By-law, such building 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 lawful non-conforming building or structure which is damaged by causes beyond the control of the owner. 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 By-law, of any building 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. CWA1\TGE 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 is more compatible with the uses permitted by this By-law than the purpose for which it was used at the date of passing of this By-law. 26. 9: G E N E R A L P R O V I S I O N S 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 Corpora- tion to be a noxious trade, business or manufacture under The Public Health Act or Regulations thereunder, Chapter 377, R.S.O. 1970 as amended. 9.15 PARKING AREA REGULATIONS a. PARKING AREA REQUIREMENTS Parking spaces and areas are required under this By-law, in accordance with the Parking Space Requirement Table, and the owner of every build- ing 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. 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 along the street line shall be 30 feet. 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. 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% of the lot frontage; and b. for each additional 100 feet of frontage - not more than 1 additional driveway. P A R K I N G S P A C E R E Q U I R E M E N T T A B L E TYPE OR PTATU-E OF USE MINIMUM OFF-STREET PARKING REQUIRM ENTS Apartment Dwelling House 1.5 Parking Spaces per Dwelling Unit Assembly Hall, Place of Entertainment The greater of: (a) 1.0 parking spaces per 6 fixed seats 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 Board, Lodging House 1,0 Parking spaces per dwellin can be accommodated at any one time. guest room. unit plus 1,0 $ p parking spaces per Business or Professional Office 1.0 Parking spaces per 200 square feet of gross floor area. Eating Establishment* 1.0 Parkin spaces per 100 square feet of Home for the Aged g p p q gross floor area g 1.0 Parking spaces for each 4 dwelling units, or 4 beds or fraction Hospital, Nursing Home thereof. g 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 !4anufacturing or Processing plant 1.0 Parking spaces per 400 square feet of manufacturing floor area. Medical Clinic 6.0 Parking_snaoes per doctor. nlus 1.0 parking spaces for each room exceeding 5 rooms per office. In addition to the minimum off-street parking requirements for the use permitted, if a Liquor Licensed 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 Licensed Premises. N V P A R K I N G S P A C E R E Q U I R E M E N T T A B L E TYPE OR NATURE OF USE MINIMUM OFF-STREET PARKING REQUIREMENTS Motel*, Tourist Establishment* 1.2 Parking spaces per guest room Place of Worship 1.0 Parking spaces per 60 square feet of floor area in the nave Residential, other than listed 1.0 Parking spaces per dwelling unit plus 1.0 parking spaces per herein. 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 requirement- for Liquor Licenced Premises. N 29. 90 G E N E R A L P R O V I S I O N S 9.15 PARKING AREA REGULATIONS (cont'd.) 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 contrary, uncovered surface parking areas shall be permitted in the required yards or in the area between the street line and the required setback as set 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. ZONE YARD IN WHICH REQUIRED j PARKING AREA PERMITTED Open Space, All yards provided that no part of any Commercial and parking area, other than a driveway, is Rural located closer than 3 feet to any street line. Residential Interior side and rear yard and one space except an Apart- may be provided in the driveway, provided, ment Dwelling House 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 than the rear yard. Residential- All yards, provided that no part of any Apartment parking area, other than a driveway, is Dwelling House located closer than 25 feet to any street line and no closer than 10 feet to any side lot line. Industrial Interior side and rear yards only, except for visitor parking provided that no part of any parking area, other than a driveway is located closer than 3 feet to any street line. 30. 9. G E N E R A L P R O V I S I O N S 9.15 PAMNG AREA REGULATIONS (cont'd) f. ADDITIONS TO BUILDINGS The parking 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, then parking space for the addition shall be provided as required by the Parking Space Requirement Table. g. USE OF PARKING SPACES Al?D AREAS Parking spaces and areas required in accordance with this icy-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 Zone, for the parking 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 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 requires such spaces and areas, then such shall be located not more than 500 feet from the said lot and shall be located within the same Zone as the said lot. i. DEP.ELICT MOTOR VEHICLES Derelict motor vehicles, which are unlicensed and/or in disrepair, making their normal use impossible or their repair financially imprac- tical, shall not be parked or stored in any zone other than on the premises where the storage of such vehicles is accessory to a busi- ness lawfully conducted on the premises, provided that no vehicles shall be parked or stored for more than 90 days. 9.16 PLANTING STRIPS a. LOCATION Where a lot in a Commercial or Industrial Zone is opposite a Residen- tial Zone or abuts a side or rear lot line in a Residential Zone, or where a lot in a Commercial or Industrial Zone is opposite a Residen- tial 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 with a minimum width of 10 feet. Revised June 12, 1973 31. 9. G E N E R A L P R O V I S I O N S 9.16 PLANTING STRIPS (coat°d) 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 passing of this By-law, unless and until the required planting strip is planted. C. CONTENTS A planting strip 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 oener or owners of the lot on which the strip is located. e. LANDSCAPED OPEN SPACE A plaiting strip referred to in this subsection may form a part of any landscaped open space required by this By-law. 9.17 PUBLIC USES a. PUBLIC USE Except as otherwise provided in paragraph (b) of this subsection, pro- visions of this By--law shall not apply to the use of any lot or to the erection or use of any building or structure for purposes of the services provided by a Public Authority. b. LOCATION i. SPECIFICALLY PERMITTED Where, in this By-law under the heading of "PERMITTED USES IN ZONES", a public use is specifically permitted within a Zone, then such use shall only be permitted within that Zone or Zones. ii. NOT SPECIFICALLY PERMMITTED [There, 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. Revised June 12, 1973 32. 9e G E N E R A L P R O V I S I O N S 9.17 PUBLIC USES (cont`d) 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. STREETS AND INSTALLATIONS 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, telew phone or other supply and/or communication line, provided that the lo- cation of such main or line has been approved by the Corporation. 9.18 REDUCTION OF REQUIRE14ENTS I 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. 9.19 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 obstruct the vision of drivers 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 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. 9.20 SIGNS The provisions of this By-law shall not apply to prevent the erection, al- teration or use of any sign provided such sign complies with the By-laws of the Corporation regulating signs. Revised June 12, 1973 33. 9e G E N E R A L P R O V I S I O N S 9.21 SPECIAL USES PEM=TED A tool shed, construction trailer, scaffold or other building or struc- ture 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 expeditiously with the construction work. 9.22 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. 9.23 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 lot or in such areas established by the Corporation's Trailer By-law. b. USES The use of trailers, mobile homes, motorized mobile homes, truck campers and camper trailers shall be prohibited in all Zones, EXCEPT in private or municipal trailer camp areas established for such use by a Trailer By-law under the authority of the Municipal Act. 34. loo D E F I N I T I O N S For the purpose of this By-law, the definitions and interpretations given in this section shall govern unless the context requires otherwise. 10.1 ACCESSORY BUILDING OR STRUCTURE Shall mean a detached building or structure, the use of which is custom- arily incidental and subordinate to a principal use, building or struc- ture and located on the same lot therewith. 10.2 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. 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 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, 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 corres- ponding meaning. 10.4 ASSEMBLY HALL Shall mean a building, or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and shall include a banquet hall, private club or fraternal organization. 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. 10.6 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. 35. 10: D E F I N I T I O N S 10.7 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. 10.8 BUILDING BY-LAW Shall mean any Building By-law within the meaning of The Planning Act. 10.9 BUSINESS OR PROFESSIONAL OFFICE. Shall mean an office in which any administrative business is carried on or any 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 homes,truck campers, campers or tents, EXCEPT parks or camping grounds maintained by any department of the Government of Ontario or of Canada, or any Crown corporation, commission or board. 10.12 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. 10.13 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. 10.14 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. ILLUSTRATION L BASEMENT DEFINITION STOREY STOREY FINISHED GRADE !� 1_ FLOOR �` O':>° o:;.:°O:•.o' FLOOR ..p,0: .cvo°: °p:. d.a:.a: oe'a :•o. 0 � Oo'O:� :: Q..:. .O;: ..,G:'°°,�Q: o'•:. Q:a .'00%: •:'..'o.,, ::e. .;.o::?:o Q'o..�o�. 00: °a: !'O` 4'01:. o... �. 0.'O •• :'•:0�;: °Q:. o'o 0' ::6:x'0:0. ^:O'. .Qp. �, .p.:oo.:'.:...o�: •.0� o � o.�..� :a,o:o.o..Q p0.°:u. ... :•O:`,..`;O ..o. ..:poQ:.�:o....'.0::0:.4•:0;.:':�O:.o Qa .6�0�:','":o....o,`o,�' o�...C °.o•o,,,...q .o. .e o . . :O o:... .r....o.°. ..� o•.. : o. 0:0'.:0.0':... :o'. ..o:�•.;..�. .. ... opo.° 0°::4.°. . e0`o�•':°o:�tl..°A°OQo'.o�cz10:4.:` ._..,,.r,:..rte...C7�: O�. o. �°:::�� Oo•�.. ... .. o.!_°:_o'..o,:. .,•.�o.�..•n��o'n.. .. . ....a p.. � WHEN "A° IS LESS THAN °B° WHEN IS GREATER THAN nBn THEN °C° IS A THEN °C° IS A CELLAR BASEMENT NOTE: THE ABOVE ILLUSTRATIONS ARE rotten rims hubicki osaociotes limited FOR CLARIFICATION AND '® 747 don mills road , don mills CONVENIENCE AND DO NOT FORM .s,° .— PART OF THIS BY—LAW 36. 10e DEFINITIONS 10.15 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. 10.16 CONVENIENCE STORE Shall mean a retail commercial establishment supplying groceries and other daily household necessities to the immediate surrounding area. 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 Durham. 10.20 COUNTY ROAD Shall mean a road under the jurisdiction of the Corporation of the United Counties of Northumberland and Durham. 10.21 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. 10.22 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. 10.23 DRY-CLEANERS' 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 dry cleaning, dry dyeing, cleaning, spotting and stain removing, and for the pressing of any such articles or goods which have been subjected to any such process elsewhere at a dry cleaners' plant. 37. 10: D E F I N I T I O N S 10.24 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. 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 con- taining 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. 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 Shall mean the whole of a dwelling house that 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. i 38. 10: D E F I N I T I O N S 10.24 DWELLING (cont'd.) h. SPLIT LEVEL DWELLING HOUSE Shall mean a dwelling house in which the first floor above finished grade is so constructed as to create two or more different levels, the vertical distance betwen such levels being always less than the full storey. i. 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. j . SEASONAL DWELLING HOUSE Shall mean a single-family detached dwelling house intended to be used during only: i. the six months from April through September inclusive of the same calendar year; and/or l 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. k. 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. 1. 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. 39. 10: D E F I N I T I O N S 10.25 EATING ESTABLISHMENT Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption 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; but does not include a boarding or lodging house. 10.26 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, enlarge- ment, extension, movement or other structural change; c.. any work for the doing of which a building permit is required under the Building By-law of the Corporation; and d. erect, erected and erection shall have a corresponding meaning. 10.27 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 con- tinuous600 feet of land with street frontage. 10.28 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. 10.229 EXISTING Shall mean existing,. being a reality or an actuality on the date of passing of this By-law. 10.30 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. 40. loo D E F I N I T I O N S 10.31 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, dairy- ing or woodlots. 10.32 FARM, SPECIALIZED 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 confined area, the raising of fur bearing animals, the raising or boarding of dogs or cats or the growing of mushrooms. 10.33 FLOOD PLAIN Shall mean the horizontal area 150 feet wide, with 75 feet on either side of the centre thread of a watercourse, or the area below the ordinary spring flood level of a watercourse, whichever is the greater. 10.34 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. 10.35 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, car- port, porch, verandah; sunroom (unless such sunroom is habitable at all seasons of the year) . 10.36 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. 10.37 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. 41. 10: D E F I N I T I O N S 10.38 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. 10.39 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. 10.40 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 10.41 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. 10.42 GARAGE, PRIVATE Shall mean a detached accessory building or portion of a dwelling house which 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 enclosed and roofed and excludes a carport or other open shelter. 10.43 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. 10.44 GRADE, FINISHED Shall mean the average elevation of the finished surface of the ground at ground level of a building or structure. 42. � - 10: D E F I N I T I O N S 10.45 GUEST Shall mean a person.who contracts for accommodation in a tourist estab- lishment and includes all the members of the-person's party. 10.46 GUEST ROOM Shall mean a room or suite of rooms used or maintained for the accommo- dation of an individual or. individuals to whom hospitality is extended.. 10.47 HABITABLE ROOM Shall mean a room designed for living, sleeping, eating or food prepara- tion, including a den, library, sewing-room or enclosed sunroom. 10.48 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 f tat roof, the highest point of the roof surface; t b. in the case of a mansard roof, the deck roof line; and c. in the c4se of a gable, hip or gambrel roof, the mean heights be- tween the eavers and ridge, exclusive of any accessory roof con- struction such as a chimney, tower, steeple, or television antenna. 10.49 HIGHWAY Shall mean a highway within the meaning of The HighTaay Traffic Act. 10.50 HOME FOR THE AGED Shall mean a home for the aged within the meaning of The Homes for the ' Aged Act. 10.51 HOME OCCUPATION Shall mean any occupation which is carried on as an accessory use and only by members of the one family residing upon the premises. ILLUSTRATION F BUILDING HEIGHT DEFINITIONS SURFACE H FLAT ROOF FINISHEDIoo: GRADE FRONT RIDGE z z EAVE H - -� --- GABLE ROOF FRONT SIDE RIDGE _ z EAVE - - - - 1 -- - HIP ROO'r FRONT SIDE RIDGE X2 EAVE I� GAMBREL ROOF FRONT SIDE RIDGE ROOF DECK LINE EAVE MANSARD ROOF I� FRONT SIDE H -HEIGHT OF BUILDING NOTE: THE ABOVE ILLUSTRATIONS ARE totten sims hubicki associates limited FOR CLARIFICATION AND ®� 747 don mills rood , don mills CONVENIENCE ONLY AND DO NOT FORM PART OF THIS BY—LAW 43. 10.. D E F I N I T I O N S 10.52 HOTEL Shall mean a tourist establishment that consists of one building or two or more 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 or may not supply food, and includes permanent staff accommodation and may or may not be licensed under The Liquor Licence Act, but does not include any other establishment otherwise defined or classified In this By-law. 10.53 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. 10.54 LANE Shall mean a public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation. 10.55 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. 10.56 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. 10.57 LIQUOR LICENSED PREMISES Shall mean any building structure or premises licenced under The Liquor Licence Board of Ontario. 10.58 LOADING SPACE Shall mean an off-street space on the same lot as the building, or con- tiguous 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. 44. loo D E F I N I T I O N S 10.59 LOT Shall mean a parcel of land which is described in a registered deed and/or shown in a registered plan of subdivision. 10.60 LOT AREA Shall mean the total horizontal area within the lot lines of a lot, exclud- ing 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, 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, dran 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. 10.62 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. 10.63 LOT DEPTH Shall mean the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, 4°lot depth1P 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 middle of the front lot line with the apex of the triangle formed by the side lot lines. 10.64 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. ILLUSTRATION F LOT DEFINITIONS / \ MID POINT OF FRONT LOT LINE MID POINT OF SPECIFIED FRONT LOT LINE � DISTANCE �( IN THE 8Y-LAW r � � 1 M O POINT OF 4FORMED1 MID POINT SIDE LOT LINE REAR LOT LINE OF FRONT LOT DEPTHy5, LOT LINE S DE LOT LINE FRONT AND REAR LOT APEX OF TRIANGLE LOT FRONTAGE MEASURED ON LINE LINES ARE NOT PARALLEL BY THE SIDE LOT LINES PERPENDICULAR TO THE LINE JOINING LOT DEPTH THE MID POINT OF FRONT LOT LINE TO APEX OF TRIANGLE FORMED BY \ NO REAR LOT LINE THE SIDE LOT LINES \ LOT FRONTAGE NO REAR LOT LINE 1 LOT FRONTAGE MEASURED ON LINE PERPENDICULAR TO LINE FRONT LOT LINE JOINING MID POINTS OF FRONT I THROUGH LOT FRONT LOT LINE AND REAR LOT LINE MID POINT OF I FRONT LOT LIVE INTERIOR INTERIOR LOT LOT REAR LOT DISTANCE LINE Z_... LOT�DEPTR SPECIFIED CORNER CORNER / I IN THEW/ _ SIDE LOT LINE LOT LOT / BY-LA MID POINT OF -� c�9 p LOT DEPTH —-—�-—- \ ! 21.9 / REAR LOT LINE FRONT AND REAR LOT I \ LINES ARE PARALLEL SIDE LOT LINE LOT FRONTAGE LOT LINES ARE NOT PARALLEL PORTION OF CORNER LOT MORE THAN 100' FROM CORNER / / TANGENTS TO STREET LINES DRAWN TROUGH CORNER EXTREMITIES OF MAXIMUM INTERIOR LOT LINE 185° pp/ FRONT LOT LINE , MAXIMUM SIDE LOT LINE \/ 135° 100, CORNER L O T ' CORNER LOT . D O R N E R CORNER LOT,CURVED SIDES \ CORNER LOT,STRAIGHT SIDES fallen sims hubicki associates limited NOTE: THE ABOVE ILLUSTRATIONS ARE ❑® 747 don mills road , don mills FOR CLARIFICATION AND •.*s CONVENIENCE AND DO NOT FORM PART OF THIS BY—LAW 45. loo D E F I N I T I O N S 10.65 LOT INTERIOR Shall mean a lot other than a corner lot. 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 a lot fronting on a navig- able waterway, the shorter lot line directly adjacent to the navigable waterway. 10.68 LOT LINE, REAR Shall mean the lot line farthest from and opposite to the front lot line. i 10.69 LOT LINE, SIDE Shall mean a lot line other than a front or rear lot line. 10.70 LOT, THROUGH Shall mean a lot bounded on two opposite sides by streets. 10.71 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 machinery carried on systematically with division of labour. 10.72 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. 46. 10: D E F I N I T I O N S 10.73 MEDICAL CLINIC Shall mean a building or structure where members of the medical profession, dentists, chiropractors, osteopaths, and physicians or occupational thera- pists, 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. 10.74 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 transportation, 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. 10.75 MOTEL, HOUSEKEEPING UNIT Shall mean a tourist establishment 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. 10.76 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. 10.77 MOTORIZED SNOW VEHICLE Shall mean a motorized snow vehicle within the meaning of The Motorized Snow Vehicle Act. 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 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. 47. 10: D E F I N I T I O N S 10.79 MOTOR VEHICLE BODY SHOP 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. 10.80 MOTOR VEHICLE, COMMERCIAL Shall mean any commercial motor vehicle within the meaning of The Highway Traffic Act. 10.81 MOTOR VEHICLE DEALERSHIP Shall mean a building or structure where a franchised dealer displays new motor vehicles for sale or rent and in conjunction with which there may be used motor vehicle sales,a motor vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline bar or a motor vehicle body shop, but shall not include any other establishment otherwise defined or classified in this By-lace. 10.82 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. 10.83 MOTOR VEHICLE RENTAL Shall mean a building or structure where motor vehicles are kept for rent, lease or hire under agreement for compensation. 10.84 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, rustproof ing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use and in conjunction with which there may be a towing service, a motor vehicle service station 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. 48. 10: D E F I N I T I O N S 10.85 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. 10.86 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 la t the general public, r new retail goods are stored or I.Qpt for s o he ga p b , o . 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. 10.87 MOTOR VEHICLE WASH, AUTOMATIC Shall mean a building or structure containing facilities for washing motor vehicles for compensation either using production line methods and mechanical devices or by a self-service operation, but does not include any other motor vehicle establishment herein defined where car washing is done only as incidental to the principal operation. 10.88 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. 10.89 NON-CONFORMING Shall mean the use of land, building or structure which does not comply with the provisions of the By-law for the zones in which such land, building or structure is located, as of the date of passing of this By-law. 10.90 NON-RESIDENTIAL Shall mean when used to describe a use, building or structure, a commercial or industrial business or public or institutional use, building or structure permitted by the By-law. 49. loo D E F I N I T ION S 10.91 NOXIOUS Shall mean when used with reference to any use of land, building or struc- ture, 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. 10.92 NURSING HOME Shall mean a building other than a hospital 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 rest home or convalescent home, but does not include any other establishment otherwise defined or classified in this By-law. 10.93 NURSERY SCHOOL Shall mean a day nursery operated for pre-school age children within the meaning of The Day Nurseries Act. 10.94 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. 10.95 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 and may include therein neigh- bourhood, 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. 50. 10a D E F I N I T I O N S 10.96 PARKING AREA Shall mean an area provided for the parking of motor vehicles and may include 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 not include any part of a public street. "Parking Area" may include a private garage. 10.97 PARKING LOT Shall mean any parking area other than a parking area accessory to a permitted use. 10.98 PARKING SPACE Shall mean an area of not less than 200 square feet, exclusive of any aisles, ingress or egress lanes, for the temporary parking or storage of motor vehicles, and may include a private garage. 10.99 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. 10.100 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 halls. but does not include any place of entertainment or amusement otherwise defined or classified in this By-law. 10.101 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. 10.102 PRIVATE HOSPITAL Shall mean a private hospital within the meaning of The Private Hospital Act. 10.103 PROVINCIAL HIGHWAY Shall mean a street under the jurisdiction of the Ministry of Transporta- tion and Communications. 51. 10e D E F I N I T I O N S 10.104 PUBLIC AUTHORITY Shall mean Federal, Provincial., County, District or Municipal agencies, and includes any commission, board, authority or department established by such agency. 10.105 PUBLIC LIBRARY Shall mean a public library within the meaning of The Public Libraries Act. 10.106 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 compensa- tion, but shall not include any other establishment defined or classified in this By-law. 10.107 RETAIL COMMERCIAL ESTABLISHMENT Shall mean a building or part of a building in which goods, wares, merch- andise, substances, articles or things are offered or kept for sale at retail, or on a rental basis, but does not include any establishment otherwise defined or classified herein. i 10.108 RETAIL GASOLINE ESTABLISHMENT Shall mean a lot, building or structure where gasoline is sold at retail to the public as a principal or incidental operation. 10.109 SANITARY SEWER Shall mean an adequate system of underground conduits, operated either by 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 Ministry of the Environment. 10.110 SCHOOL Shall mean a school under the jurisdiction of a Board as defined in The Department of Education Act. 10.111 SERVICE SHOP Shall mean a building or part of a building, not otherwise defined or classified herein, and whether conducted in conjunction with a retail store or not, for the servicing or repairing of articles, goods or materials. 52. 10. D E F I N I T I O N S 10.112 SETBACK Shall mean the horizontal distance from the centre line of the street allowance, measured at right angles to such centre line, to the nearest part of any building or structure on the lot. 10.113 SIGN Shall mean a sign within the meaning of the Corporation's Sign By-law 10.114 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. 10.115 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. 10.116 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. 10.117 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. 10.118 STORM SEWER Shall mean a sewer which carries storm sewage or surface runoff but excludes any combined or sanitary sewers. 10.119 STREET OR ROAD Shall mean a public street or road fox, vehicles which affords the principal means of access to abutting lots, but does not include a lane or private right-of-way. 53. 10. D E F I N I T I O N S 10.120 STREET, IMPROVED PUBLIC Shall mean a street or road assumed by the Corporation which has been con- structed in such a manner so as to permit its use by normal vehicular traffic. 10.121 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. 10.122 STRUCTURE Shall mean anything constructed or erected, the use of which required loca- tion 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 The Highway Traffic Act. 10.123 TENT Shall mean every kind of temporary shelter for sleeping that is not perman- ently affixed to the site and that is capable of being easily moved. 10.124 TOURIST CAMP OR PARK. Shall mean and include a motor vehicle camp and any parcel of land or premises used or: mainb-ained 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. 10.125 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 travelling or vacationing public, whether rented regularly, seasonally or occasionally. 10.126 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, temporarily drawn, propelled or moved upon such highway. 10.127 VILLAGE STREET OR ROAD Shall mean a street or road under the jurisdiction of the Corporation of the Village of Newcastle. 54. 10: D E F I N I T I O N S 10.128 TP,AILER, 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. 10.129 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 accom- modation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. 10.130 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. ' 10.131 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. 10.132 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 corresponding meaning. "USE", when used as a verb, or "TO USE" shall have a corresponding meaning. 10.133 WATERCOURSE Shall mean the natural channel for a perennial or intermittent stream of water. 10.134 WATER FRONTAGE Shall mean a piece of land fronting on and providing access to a water- course, bay or lake. 55. 10: D E F I N I T 1 0 N S 10.135 WATER SUPPLY Shall mean an adequate distribution system of underground piping and related storage, including pumping and purification appurtenances operated by a municipal corporation and/or the Ministry of the Environment and/or any public utilities commission for public use. 10.136 WATER SUPPLY PLANT Shall mean a building or structure, approved by the Ministry of the Environment where water is treated for human consumption. 10.137 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. 10.138 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. 10.139 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. 10.140 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. 10.141 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. i 56. 10. D E F I N I T I O N S 10.142 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. 10.143 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. 10.144 YARD, REQUIRED Shall mean the minimum yard required by the provisions of this By-law. 10.145 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 struc- ture on the lot, or the nearest open storage use on the lot. 10.146 YARD, SIDE, EXTERIOR Shall mean a side yard immediately adjoining a public street. 10.147 YARD, SIDE, INTERIOR Shall mean a side yard other than an exterior side yard. 10.148 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. 10.149 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 By-law for the respective zones. ILLUSTRATION OF YARD DEFINITIONS SIDE LOT LINE--,_ LOT DEPTH—z ---Z—LOT FRONTAGE REAR LOT LINE SIDE LOT LINE RED 10 JOR ykQ� BUILDING 16(s.`-YARD N4 141IURIOR AD SET BACK BUILDING STREET LINE OR FRONT LOT LINE—:'�_ CENTRELINE OF STREET--!�� Totten sims hubicki associates limited NOTE' THE ABOVE ILLUSTRATIONS ARE 101 747 don mills rood , don mills FOR CLARIFICATION AND CONVENIENCE AND DO NOT FORM PART OF THIS BY-LAW 57. 11: 0 T H E R BY-LAWS RE P E A L ED 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 pro- visions 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. 58. 12: A P P R O V A L This By-law shall come into force on the date it is passed by the Council of the Corporation of The Village of Newcastle subject to the approval of the Ontario Municipal Board. THIS BY-LAW given its first, second and third readings and finally passed on the . . . . . . . . . .. day of . . . . . . . . . . . . . . . . . . . . . . A.A. , 1973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reeve (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . Clerk-Treasurer.