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CORPORATION OF THE TOWN OF KINCA INE
BY-LAW NO. 2050
A BY-LAW TO REGULATE THE USE OF LANDS ANI), THE CHARACTER.
LOCATION AND USE OF BUILDINGS AND ST CTURES IN THE
TOWN OF KINCARDINE.
The ~ouncil of the Corporation of t e Town of
Kincardine enacts as follows:
Section 1 TITLE
This By-law may be cited as he "Zoning By-law".
~ See book of By-law No. 205 on file.
~
Approval
This by-law shall become effect
subject to the approval of the
if such approval is required.
e on the date hereof
tario Munic ipal Boa rd.
THIS BY-LAW given its first,
second and third readings
and finally passed on the
22nd day of November
A.D., 1968.
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I
TOWN OF KINCARDINE
RESTRICTED AREA BY -LAW
NO. 2050
DRAFT
JUNE, 1968.
MUNICIPAL PLANNING CONSULTANTS CO.LTD.
TOWN PLANNERS • PROFESSIONAL ENGINEERS
64+ ST. CLAIR AVENUE EAST • TORONTO 7
•
TOWN OF KINCARDINE
All
RESTRICTED AREA BY -LAW
NO. 2050
SECTION CONTENTS PAGE
1 TITLE 1
2 DEFINITIONS 1
3 SCHEDUIES TO BY -LAW 13
4 INTERPRETATIONS 13
5 ZONES 14
6 GENERAL PROVISIONS 16
7 GENERAL PROVISIONS FOR RESIDENTIAL USES 32
8 OPEN SPACE ZONE (OS) 42
9 RESIDENTIAL TYPE 1 ZONE (R1) 43
10 RESIDENTIAL TYPE 2 ZONE (R2) 44
11 HIGHWAY COMMERCIAL ZONE (C1) 45
12 GENERAL COMMERCIAL ZONE (C2) 47
13 GENERAL INDUSTRIAL ZONE (Ml) 49
ill 14 INDUSTRIAL DISPOSAL ZONE (M2) 51
15 FLOOD ZONE (F) 52
16 DEVELOPMENT ZONE (D) 53
17 EXCEPTIONS 54
18 ADMINISTRATION, ENFORCEMENT AND PENALTIES 55
19 APPROVAL 57
SCHEDULE
"A" RESIDENTIAL PROVISIONS
"B" NON- RESIDENTIAL PROVISIONS following page 57
"C" ZONE MAP
i
THE CORPORATION OF THE TOWN OF KINCARDINE
•
BY -LAW NO. 2050
A BY -LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION
AND USE OF BUILDINGS AND STRUCTUFES IN THE TOWN OF KINCARDINE.
The Council of the Corporation of the Town
of Kincardine enacts as follows:
SECTION 1 TITLE
This by -law may be cited as the "Zoning By -law ".
SECTION 2 DEFINITIONS
In this by -law, unless the context requires otherwise:
(1) "ACCESSORY ", when used to describe a use, building or structure,
means a use, building or a structure that is normally incidental,
subordinate and exclusively devoted to a main use, building or
• structure and located on the same lot therewith.
(2) "ALTER ", when used in reference to a building or part thereof,
means 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 corresponding meaning.
(3) "ASSEMBLY HALL" means 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.
(4) "AUTOMOBILE SERVICE STATION" means a building or place where gaso-
line, oil, grease, antifreeze and new automobile accessories are
stored or kept for sale, or where motor vehicles may be oiled,
greased or washed, and where only minor or running repairs and
adjustments essential to the actual operation of motor vehicles
are performed, but where no other activities of a public garage
are carried on.
S
(1)
SECTION 2 (5) DEFINITIONS
•
(5) "BASEMENT" means 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.
(6) "BUILDING " means any edifice used or intended to be used for
shelter, accommodation or enclosure of persons, animals, or
chattels other than a lawful boundary wall or fence.
(7) "BUILDING INSPECTOR" means the officer or employee of the
Corporation for the time being charged with the duty of enforc-
ing the provisions of the Building By -law of the Corporation.
(8) "CELLAR" means 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.
(9) "CLINIC" means a building or part of a building that is used solely
by physicians, dentists, and /or drugless practitioners, their staff
and their patients for the purpose of consultation, diagnosis and
office treatment.
• (10) "CONVENIENCE STORE" means a retail establishment which provides
its immediate vicinity with incidental items of household neccessity.
(11) "CORPORATION" means the Corporation of the Town of Kincardine.
(12) "COUNCIL" means the Municipal Council of the Corporation of the
Town of Kincardine.
(13) "COUNTY" means the Corporation of the County of Bruce.
(14) "DRY CLEANER'S DISTRIBUTION STATION" means a building used for the
purpose of receiving articles or goods of fabric to be subjected
to the process of dry cleaning, dry dyeing or cleaning elsewhere
and for the pressing and distribution of any such articles or goods
which have been subjected to any such process.
(15) "DRY CLEANING ESTABLISHMENT " means a building where dry cleaning,
dry dyeing, cleaning or pressing of articles or goods of fabric
is carried on and includes a self - service dry cleaning establish-
ment (1) in which only non - inflammable solvents are or can be used
which emit no odours or fumes and, (2) in which no noise or vibration
causes a nuisance or inconvenience within or without the premises.
(16) "DWELLING HOUSE" means a building occupied or capable of being
occupied as the home or residence of one or more persons.
(2)
SECTION 2 (16)(a) DEFINITIONS
•
(a) "DWELLING UNIT" means a suite of two or more rooms designed
or intended for use by one family only, in which Sanitary
conveniences are provided and in which facilities are pro-
vided for cooking or the installation of cooking equipment,
and with a private entrance from outside the building or
from a common hallway or stairway inside.
(b) "DWELLING UNIT, BACHELOR" means a dwelling unit consisting
of one bathroom and not more than two habitable rooms pro-
viding therein living, dining, sleeping and kitchen accom-
modation in appropriate individual or combination room or
rooms.
(c) "SINGLE- FAMILY DWELLING HOUSE" means a dwelling house con-
taining only one family dwelling unit and occupied by not
more than one family.
(d) "SEMI- DETACHED DWELLING HOUSE" means one of a pair of two
attached single - family dwelling houses with a common masonry
wall dividing the pair of family dwelling houses vertically,
each of which has an independent entrance either directly
from the outside or through a common vestibule.
• (e) "DUPLEX DWELLING HOUSE" means the whole of a dwelling house
that is divided horizontally into two separate family dwell-
ing units each of which has an independent entrance either
directly from the outside or through a common vestibule.
(f) "TRIPLEX DWELLING HOUSE" means the whole of a dwelling house
that is divided horizontally into three separate family
dwelling units each of which has an independent entrance either
directly from the outside or through a common vestibule.
(g) "QUADRUPLEX DWELLING HOUSE" means the whole of a dwelling
house that is divided vertically by common masonry walls
into four separate dwelling units each of which has two
common masonry walls.
(h) "SEMI- DETACHED DUPLEX DWELLING HOUSE" means one of a pair of
two attached duplex dwelling houses with a common masonry
wall dividing the pair of duplex dwelling houses vertically.
(i) "ROW DWELLING HOUSE" means one of a group of three or more
attached single - family dwelling houses, each dwelling unit of
which has an independent entrance directly from the outside
but does not include any dwelling house otherwise defined
herein.
. (j) "CONVERTED DWELLING HOUSE" means a dwelling house, erected
prior to the passing of this by -law, including any additions
(3)
SECTION 2 (16)(j) DEFINITIONS
•
thereto constructed for permanent use, altered or converted
so as to provide therein not more than four dwelling units.
(k) "BOARDING OR LODGING HOUSE" means a dwelling house, containing
not more than ten guest rooms used or maintained for the accommo-
dation 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 other -
wise defined or classified herein.
(1) "MAISONETTE DWELLING HOUSE" means the whole of a dwelling house
containing dwelling units, each unit of which is a self contained
dwelling unit having separate services and heating facilities and
two separate means of access. One of the said means of access is
to a common first storey corridor and the other leads directly
to the outside landscaped yard area allocated to said dwelling
unit.
(in) "APARTMENT DWELLING HOUSE" means the whole of a dwelling house
that contains four or more dwelling units which units have a
common entrance from street level and are served by a common
corridor and occupants of which units have the right to use in
• common the corridors, stairs, yards or one or more of them. An
"APARTMENT DWELLING HOUSE" does not include a maisonette dwelling
house, a quadruplex dwelling house, a group or row dwelling house,
or a pair or group of semi - detached duplex or triplex dwelling
houses, nor any other dwelling house otherwise defined herein.
(n) "SPLIT LEVEL DWELLING HOUSE" means a dwelling house in which the
first floor above finished grade is so constructed as to generate
two or more different levels, the vertical distance between such
levels being always less than the full storey. For the purpose
of this by -law, a split level dwelling house shall be considered
as a one storey dwelling house.
(o) "COTTAGE" means a seasonal dwelling house used as a temporary
residence.
(17) "DWELLING UNIT AREA" means the habitable area contained within the
inside walls of a dwelling unit, excluding any private garage,
carport, porch, verandah, unfinished attic, cellar or sun room
(unless such sun room is habitable in all seasons of the year) and
excluding public or common halls or areas, stairways and the thick-
ness of outside walls.
•
(4)
SECTION 2 (18) DEFINITIONS
(18) "EATING ESTABLISHMENT" means 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, licensed dining
lounge, 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.
(19) "ERECT ", when used in thi s by -law includes building, construction,
reconstruction and relocation and, without limiting the generality
of the word, also includes:
(a) any preliminary physical operation such as excavating,
filling or draining;
(b) altering any existing building or structure by an addition,
enlargement, extension or other structural change; and
(c) any work for the doing of which a building permit is required
under the Building By -law of the Corporation.
"ERECTED" and "ERECTION" shall have a corresponding meaning.
(20) "EXISTING" means existing on the date of passing of this by -law.
S (21) "FAMILY" means one human being or two or more human beings related
by blocd or marriage 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.
(22) "FARM" means land used for the tillage of soil, including livestock
raising, dairying, fruit growing or woodlots.
(23) "FARM, SPECIALIZED" means land on which the predominant economic
activity consists of raising chickens, turkeys or other fowl, the
raising of fur bearing animals, the raising of swine or goats, the
raising or boarding of dogs or cats or the growing of mushrooms.
(2I) "FLOOR AREA RATIO" means the quotient of the total floor area of
all above grade and basement floors of a building between the
exterior faces of the exterior walls for each floor divided by
the lot area.
(25) "GOLF COURSE" means 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.
(26) "GRADE FINISHED" means the average elevation of the finished surface
of the ground at the base of a structure,or of the main front wall of
a building, exclusive of any embankment in lieu of steps.
•
(5)
SECTION 2 (27) DEFINITIONS
•
(27) "GROSS FLOOR AREA" means 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, exclusive, however, of (1) any
part of the building or structure below grade which is used for heat-
ing 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 (2) enclosed
malls when used as a common area between stores.
(28) "GROUND FLOOR AREA" means the maximum area of a building measured
to the outside walls, excluding, in the case of a dwelling house,
any private garage, carport, porch, verandah, sun room (unless such
sun room is habitable at all seasons of the year).
(29) "GUEST ROOM" means a room or suite of rooms used or maintained for
the accommodation of the public.
(30) "HABITABLE ROOM" means a room designed for living, sleeping, eating
or food preparation, including a den, library, sewing room or
enclosed sun room.
(31) "HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
•
between the average elevation of the finished surface of the ground
at the front of the building and,
(a) in the case of a flat roof, the highest point of the roof
surface or the parapet, whichever is the greater;
(b) in the case of a mansard roof, the deck roof line, and
•
(c) in the case of a gable, hip or gambrel roof, the mean
heights between the eaves and ridge, exclusive of any access-
ory roof construction such as a chimney, tower, steeple or
television antenna.
(32) "HOME OCCUPATION" means any occupation for gain or support conducted
entirely within a dwelling house by members of the family residing
in such dwelling house provided that:
(a) there is no external display or advertising other than
a sign erected in accordance with the by -law of the
Corporation regulating signs;
(b) there is no external storage of goods or materials;
(c) such home occupation is secondary to the main residential
use and does not change the residential character of the
dwelling house or unit nor create or become a nuisance, in
particular with regard to noise, traffic or parking.
(6)
A
SECTION 2 (32)(d) DEFINITIONS
•
(d) not more than 25% of the total floor area is used for the
home occupation use;
(e) there are no persons employed except in the case of a dentist,
drugless practitioner, physician or veterinarian, in which
case the staff shall be limited to one employee; and
(f) there is no mechanical or other equipment used except that
which is customarily employed in dwellings for domestic or
household purposes or for use by a dentist, drugless
practitioner, physician, veterinarian or other professional
persons.
(33) "HOTEL" means any hotel, motel, tavern, inn, lounge, lodge or public
house in one main building or in two or more buildings used mainly
for the purposes of catering to the needs of the travelling or
vacationing public by supplying food and furnishing sleeping accom-
modation of not less than ten guest rooms, which guest rooms contain
no provisions for cooking, and includes all premises licensed under
The Liquor License Act and permanent staff accommodation.
(34) "LANDSCAPED OPEN SPACE" means the open unobstructed space at grade
• on a lot accessible by walking from the street on which the lot is
h 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.
(35) "LANE" means a public thoroughfare which affords a secondary
means of access to abutting lots and which is not intended for
general traffic circulation.
(36) "LAUNDRY SHOP" means a building in which the business of a laundry
is conducted on the ground floor by means of one or more washers,
having a capacity not exceeding 65 pounds each, and drying ironing,
finishing and incidental equipment (1) in which only water and
detergents are or can be used, (2) which emit no odour or fumes,
noise or vibration causing nuisance or inconvenience within or
without the premises; and which includes a business where only
washing or ironing is done and a self- service laundry receiving
depot.
(37) "LOT" means a parcel of land occupied or to be occupied by one or
more main buildings, structures or uses, with any accessory build-
ings or uses, and including all yards and open spaces required by
411 this by-law. A lot may or may not be land shown as a lot on a
duly registered plan of subdivision.
(7)
SECTION 2 (38) DEFINITIONS
•
(38) "LOT AREA" means the total horizontal area within the lot lines of
a lot, excluding the horizontal area of such lot covered by water
or marsh, or between the rim of the banks of a river or watercourse.
(39) "LOT, CORNER" means 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 inter-
section of the adjacent sides shall be deemed to be the angle formed by
the intersection of the tangents to the street lines, drawn through the
extremities of the interior lot lines, provided that:
(a) in the latter case, the corner of the lot shall be deemed
to be that point on the street line nearest to the point
of intersection of the said tangents; and
(b) any portion of a corner lot distant more than one hundred
(100) feet from the corner, measured along the street line
shall be deemed to be an interior lot.
(40) "LOT COVERAGE" means that percentage of the lot area covered by the
horizontal projection of the area of all buildings.
(41) "LOT DEPTH" means the horizontal distance between the front and rear lot
•
lines. If the front and rear lot lines are not parallel, "Lot depth"
means the length of a straight line joining the middle of the front
lot line with the middle of the rear lot line. When there is no rear
lot line "lot depth" means the length of a straight line joining the
middle of the front lot line with the apex of the triangle formed by
the side lot lines.
(42) "LOT FRONTAGE" means 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 20 feet from the
front lot line.
(43) LOT, INTERIOR" means a lot other than a corner lot.
(44) "LOT LINE" means any boundary of a lot or the vertical projection
thereof.
(45) "LOT LINE, FRONT" means 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 athrough lot, the lot line
where the principal access to the lot is provided shall be deemed
•
to be the first lot line.
(8)
• SECTION 2 (46) DEFINITIONS
(46) "LOT LINE, REAR" means the lot line farthest from and opposite to
the front lot line.
(47) "LOT LINE, SIDE" means a lot line other than a front or rear lot line.
(48) "LOT, THROUGH" means a lot bounded on two opposite sides by streets.
(49) "MANUFACTURING FLOOR AREA" means that portion of the gross floor
area of an establishment which is used for manufacturing purposes
and office purposes but does not include areas used for storage.
(50) "MOTEL" means one or more buildings containing at least ten units or
rooms directly accessible from the outside, used primarily for the
purpose of catering to the travelling or vacationing public by
furnishing sleeping accommodation and possibly cooking facilities.
This definition includes permanent staff quarters and tourist cabins
but does not include any other establishment otherwise defined or
classified in this by -law.
(51) "NON- CONFORMING" means a use, a building or structure which does not
comply with the provisions of this by -law for the zones in which such
use, building or structure is located, as of the date of passing of
• this by -law.
(52) "NURSING HOME" means a building 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 herein.
(53) "PARK" means a park, playground or playfield including therein one
or more athletic fields, field houses, community centres, bleachers,
swimming pools, wading pools, greenhouses, bandstands, skating rinks,
tennis courts, bowling greens, curling rinks, refreshment rooms,
camping areas, picnic areas, boating facilities, arenas, golf courses,
or similar uses.
(54) "PARKING AREA" means an area provided for the parking of motor
vehicles and may include aisles, parking spaces and related ingress
and egress lanes but shall not include any part of a public street.
"PARKING AREA" may include a private garage.
(55) "PARKING LOT" means any parking area not specifically called for
under the provisions of Section 6 (14.) of this by -law.
(56) "PARKING SPACE" means an area of not less than 200 square feet,
exclusive of any aisles, or ingress or egress lanes, for the
temporary parking or storage of motor vehicles, and may include
•
a private garage.
(9)
• SECTION 2 (57) DEFINITIONS
(57) "PLACE OF ENTERTAINMENT" means a motion picture or other theatre,
arena, auditorium, public hall, billiard or pool room, bowling
alley, ice or roller skating rink, dance hall or music hall; but
does not include any place of entertainment or amusement otherwise
defined or classified herein.
(58) "PRIVATE GARAGE" means a detached accessory building or portion of
a dwelling house which is designed or used for the sheltering of
private motor vehicles and storage of household equipment incidental
to the residential occupancy and which is fully enclosed and not open
but excludes a carport or other open shelter.
(59) "PUBLIC GARAGE" means and includes a building or place where motor
vehicles are hired or kept or used for hire, or where such vehicles
and gasoline or oils are stored or kept for sale, or a building or
place used as a motor vehicle repair shop or for washing or cleaning
motor vehicles, and includes a car wash establishment where adequate
storm sewers are available, but does not include any use otherwise
defined or classified herein.
(60) "RETAIL STORE" means a building or part of a building in which goods,
wares, merchandise, substances, articles or things are offered or
kept for sale at retail but does not include any establishment
• otherwise defined or classified herein.
(61) "SALVAGE YARD" means an establishment where goods, wares, merchandise,
articles or things are processed for further use and where such goods,
wares, merchandise, articles or things are stored• wholly or partly in
the open and includes a junk yard, a scrap metal yard and an auto-
mobile wrecking yard or premises.
(62) "SANITARY SEWER" means an adequate system of underground conduits,
operated either by a municipal corporation or by the Ontario Water
Resources Commission, which carries sewage to an adequate place of
treatment which meets with the approval of the Ontario Water Resources
Commission.
(63) "SERVICE SHOP" means 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 performing personal services such as
a barber shop, or beauty parlour or for the servicing or repairing
of articles, goods or materials, and in which no product is manufactured.
(61) "SETBACK" means the horizontal distance from the centre line of the
street allowance, measured at right angles to such centreline, to the
nearest part of any building or structure on the lot.
(65) "SEWAGE TREATMENT PLANT" means a building or structure including a
• lagoon, stabilization pond or basin, approved by the Ontario Water
(10)
• SECTION 2 (65) DEFINITIONS
Resources Commission, where domestic and /or industrial waste is
treated prior to the release to a stream, river or lake.
(66) "SCHOOL" means a school under the jurisdiction of a Board as defined
in The Department of Education Act.
(67) "SIGN" means a name, identification, description, device, display,
or illustration which is affixed to, or represented directly or
indirectly upon a building, structure or lot and which directs
attention to an object, product, place, activity, person, institu-
tion, organization, or business.
(68) "STOREY" means the portion of a building, other than the basement or
cellar, which lies between the surface of the floor and the surface
of the next floor above it, or if there is no floor above it, then
the space between such floor and the ceiling or roof next above it.
(69) "STOREY, ONE- HALF" means the portion of a building situated wholly
or in part within the roof and in which there is sufficient space
to provide a height between finished floor and finished ceiling of
at least 7 feet 6 inches over a floor area equal to at least 50%
of the floor area next below.
• (70) "STORM SEWER" means a sewer which carries storm surface waters and
drainage but excludes sewage and polluted industrial wastes.
(71) "STREET" means a public highway or public road which affords the
principal means of access to abutting lots. "ARTERIAL STREET"
and "COLLECTOR STREET" mean an Arterial Street and a Collector
Street as shown on Schedule "C" to this by- law.
(72) "STREET LINE" means the limit of the road or street allowance and
is the dividing line between a lot and a street.
(73) "STRUCTURE" means anything constructed or erected, the use of
which requires location 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.
(74) "USE", when used as a noun, means the purpose for which a lot or
a 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.
(75) "WATER SUPPLY" means an adequate distribution system of underground.
• piping and related storage, including pumping and purification
appurtenances owned and operated by the Corporation and /or the
(11)
SECTION 2 (75) DEFINITIONS
Ontario Water Resources Commission and /or any public utilities
commission for public use.
(76) "WATER SUPPLY PLANT" means a building or structure approved by
the Ontario Water Resources Commission, where water is treated
for human consumption.
(77) "YARD" means 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 ground to
sky except for such accessory buildings, structures or uses
as are specifically permitted elsewhere in this by -law.
(78) "YARD FRONT" means 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. ''FRONT YARD
DEPTH" means the least horizontal dimension between the
front lot line of the lot and the nearest part of any
building or structure on the lot, or the nearest open
storage use on the lot.
• (79) "YARD REAR" means 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. "REAR YARD DEPTH"
means the least horizontal dimension between the rear lot
line of the lot and the nearest part of any building or
structure on the lot, or the nearest open storage use on
the lot.
(80) "YARD, SIDE" means a yard extending from the front yard to
the rear yard and from the side lot line of the lot to the
nearest part of any building or structure on the lot, or the
nearest open storage use on the lot. "SIDE YARD WIDTH"
means 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.
(81) "YARD, SIDE, EXTERIOR" means a side yard immediately
adjoining a public street.
(82) "YARD, SIDE, INTERIOR" means a side yard other than an
exterior side yard.
(12)
SECTION 3 SCHEDULE
•
SCHEDULES TO BY -LAW
The following schedules are included in and form a part
of this by- law:
Schedule "A" - Residential Provisions
Schedule "B" - Non - Residential Provisions
Schedule "C" - Zone Map
SECTION 4
• INTERPRETATION
(1) For the purposes of this by -law, the definitions and interpre-
tation given herein shall govern.
(2) 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 'intended or arranged' and'designed to be used
or occupied'.
•
(13)
SECTION 5 ZONES
•
ZONES
(1) CLASSIFICATION
(a) The provisions of this by -law shall apply to all lands within
the limits of the Corporation which lands for the purpose of
this by -law are divided into various zones as follows:
SYMBOL ZONE
0221ifpace Zone
OS Open Space Zone
Residential Zone
R1 Residential Type 1 Zone
R2 Residential Type 2 Zone
Commercial Zone
• Cl Highway Commercial Zone
C2 General Commercial Zone
Industrial Zone
Ml General Industrial Zone
M2 Industrial Disposal Zone
Flood Zone
F Flood Zone
Development Zone
D Development Zone
(b) The permissible uses, the minimum size and dimensions of lots,
the minimum size of yards, the maximum lot coverage, the minimum
setback, gross floor area, the minimum landscaped open space,
the floor area ratio and all other zone provisions are
set out herein for the respective zones.
(c) The extent and boundaries of all the said zones are shown on
Schedule "C" which Schedule forms a part of this by -law and
• is attached hereto.
(14)
SECTION 5 (1)( ZONES
•
(d) The symbols listed in paragraph (a) of this subsection may
be used to refer to buildings and structures, the uses of
lots, buildings and structures permitted by this by -law in
the said zones, and whenever in this by -law the word "Zone"
is used, preceeded by any of the said symbols, such zones
shall mean any area within the Corporation within the scope
of this by -law, delineated on Schedule "C" and designated
thereon by the said symbol.
(2) ZONE BOUNDARIES
Zone boundaries where possible, 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 Schedule "C" at the
original size in the scale of 1 inch to 300 feet.
(3) BUILDING, STRUCTURE AND USE CLASSIFICATION
(a) The buildings, structures and uses of buildings, structures
and lots specifically named as uses permitted and classified
under the headings of "Residential" and "Non- Residential" refer
only to the uses as are specifically named under such headings
in each zone.
(b) For the purpose of reference, all buildings, structures and
uses of buildings, structures and lots named as uses permitted
and classified under theheadings of "Residential" and'Non-
Residential" may be referred to as Residential and Non-Residential
buildings, structures or uses respectively.
•
(15)
III SECTION 6 GENERAL PROVISIONS
GENERAL PROVISIONS
The contents of this Section are:
Subsection Page
(1) APPLICATIONS OF BY -LAW 17
(2) ACCESSORY USES 17
(3) BUILDING EXTENSION AND REPAIR 18
(4) DWELLING UNITS BELOW GRADE 18
. (5) EXCEPTED LANDS AND BUILDINGS AND 19
NON- CONFORMING USES
(6) EXTERNAL DESIGN 19
(7) FRONTAGE ON PUBLIC STREET 20
(8) GREATER RESTRICTIONS 20
(9) ILLUMINATION 20
(10) LANES AS YARDS 20
(11) LOADING SPACES REGULATIONS 21
(12) LOTS HAVING LESS AREA AND /OR FRONTAGE 22
(13) NOXIOUS TRADE 22
• (14) PARKING AREA REGULATIONS 22
(15) PLANTING STRIPS 27
(16) PUBLIC USES 28
(17) REDUCTION OF REQUIREMENTS 29
(18) SIGHT TRIANGLES 29
(19) SIGNS 29
(20) SPECIAL USES PERMITTED 29
(21) THROUGH LOTS 29
(22) YARD AND SETBACK ENCROACHMENTS PERMITTED 30
(16)
SECTION 6 (1) GENERAL PROVISIONS
•
(1) APPLICATION OF BY -LAW
No building or structure shall hereafter be erected or altered, and
the use of any building, structure or lot shall hereafter not be
changed in whole or in part except in conformity with the provisions
of this by -law.
(2) ACCESSORY USES
(a) ACCESSORY USES
Where this by -law provides that a lot may be used or a building
or structure may be erected or used for a purpose, that purpose
shall include any accessory building or structure or accessory
use, but shall not include (1) any occupation for gain or profit
conducted within or accessory to a dwelling unit except as in
this by -law is specifically permitted or, (2) any building used
for human habitation except as in this by -law is specifically
permitted.
(b) LOCATION
Except as otherwise provided herein, in a Residential Zone, any
accessory building or structure which is not part of the main
building shall be erected to the rear of the front yard and
shall comply with the yard and setback requirements of the
zone in which such building or structure is situated.
(c) HEIGHT
Except as otherwise provided herein, no accessory building or
structure shall exceed 15 feet in height.
(d) LOT COVERAGE
The total lot coverage of all accessory building and structures
on a lot shall not exceed 15% of the lot area.
(e) PERMITTED IN INTERIOR SIDE OR REAR YARD
Notwithstanding any other provisons of this by -law to the
contrary, in a Residential Zone an attached or detached private
garage or other accessory building may be erected and used in
an interior side or rear yard provided that (1) when such
accessory building is located in an interior side yard it shall
be no closer than 4 feet to the interior side lot line except
where a mutual garage is erected on the common lot line between
two lots, in which case no interior side yard is required, (2)
• when such accessory building is located in the rear yard no yard
(17)
1
• SECTION 6 (2)(e) GENERAL PROVISIONS
is required except in the case where the rear lot line would
be the side lot line of the adjacent lot in which case such
accessory building shall be no closer than 4 feet to that
portion of the rear lot line which adjoins the interior side
yard of the adjacent lot, if such lot is built upon or which
adjoins the required interior side yard of the adjoining lot
if such lot is vacant, and, (3) in no case shall an accessory
building be located closer than 20 feet to any street line.
(3) BUILDING EXTENSION AND REPAIR
(a) NON - CONFORMING BUILDINGS
Nothing in this by -law shall prevent the strengthening to a
safe condition of any building or structure or part of any
such building or structure which does not comply with the
provisions of this by -law, provided such alteration or repair
does not increase the height, size or volume or change the
use of such building or structure.
(b) PERMITTED EXTENSIONS OF NON - CONFORMING BUILDINGS
• Nothing in this by -law shall prevent an extension or an addition
being made to a building or structure which is used for a purpose
specificaly permitted within the zone in which such building or
structure is located and which building or structure existed at
the date of passing of this by -law but which building or struc-
ture does not comply with one or more of the Zone Provisions of
this by -law, provided such extension or addition does not
further contravene any of the provisions of this by -law.
(4) DWELLING UNITS BELOW GRADE
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 and shall not
be used for sleeping accommodation.
However, a dwelling unit, in its entirety, may be located in a
basement provided the finished floor level of such basement is not
below the level of the sanitary or storm sewer serving the building
or structure in which such basement is located and provided further,
that the floor level of such basement is not more than 4 feet below
the adjacent finished grade.
(18)
SECTION 6 (5) GENERAL PROVISIONS
(5) EXCEPTED LANDS AND BUILDINGS AND NON - CONFORMING USES
(a) CONTINUATION OF EXISTING USES
The provisions of this by -law shall not apply to prevent the
use of any lot, building or structure for any purpose prohibited
by this by -law if such lot, building or structure was lawfully
used for such purpose on the date of passing of this by -law,
so long as it continues to be used'for that purpose.
(b) 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 the 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 a reasonable time after the erection thereof is
• commenced.
(c) CHANGE OF USE
A use of a lot, building or structure which under the provi-
sions hereof is not permissible within the zone in which such
lot, building or structure is located shall not be changed
except to a use which is so permissible within such zone.
(d) GROUND FLOOR AREA LESS THAN REQUIRED
Nothing in this by -law shall prevent an extension or an addi-
tion being made to a permitted dwelling house, which dwelling
house existed at the date of passing of this by -law but which
has a ground floor area or dwelling unit area less than that
required by this by -law, provided such extension or addition
does not contravene any other provisions of this by -law.
(6) EXTERNAL DESIGN
The following building materials shall not be used for the exterior
vertical facing on any wall of any building or structure within the
Corporation:
(a) building paper; or
(b) asphalt roll -type siding.
(19)
SECTION 6 (7) GENERAL PROVISIONS
• (7) FRONTAGE ON PUBLIC STREET
(a) STREET 66 FEET OR MORE
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 streetwhich has a
perpendicular width of 66 feet or more.
(b) STREET LESS THAN 66 FEET
Notwithstanding the provisions of paragraph (a) of this sub-
section (7), a building or structure may be erected on a lot
which fronts upon an improved public street, which has a
perpendicular width of less than 66 feet provided that such
building or structure complies with all other requirements
of this by -law.
(c) PUBLIC STREET AND IMPROVED PUBLIC STREET
For the purpose of this subsection a "public street" shall
not include a lane or private right -of -way and "improved
public street" means a street which has been constructed
in such a manner so as to permit its use by normal vehicular
• traffic.
(8. 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.
(9) ILLUMINATION
Lighting fixtures designed for exterior illumination shall be
installed with the light directed downward and deflected away
from adjacent lots.
(10) LANES AS YARDS
Where the rear lot line of a lot adjoins any portion of a lane
one -half of the width of that portion of such lane may be considered
part of the lot for the purposes of computing the area of the lot and
for the purpose of computing the depth of any rear yard required under
this by -law.
•
(20)
SECTION 6 (11) GENERAL PROVISIONS
•
(11) LOADING SPACE REGULATIONS
(a) LOADING SPACE REQUIREMENTS
The owner or occupant of any lot, building or structure
erected or used for any purpose involving the receiving,
shipping, loading or unloading of persons, animals, goods,
wares and merchandise,and raw materials, shall provide and
maintain at the premises, on the lot occupied by the building
or structure and not forming part of a street or lane, within
the zone in which such use is located, loading or unloading
facilities comprising one or more loading or unloading spaces
30 feet long, 12 feet wide and having a vertical clearance of,
at least, 14 feet, and in accordance with the following schedule:
TOTAL FLOOR AREA OF BUILDING NUMBER OF LOADING
OR STRUCTURE SPACES REQUIRED
(i) 3,000 square feet or less 1
(ii) Exceeding 3,000 square feet but
not 25,000 square feet 2
(iii) Exceeding 25,000 square feet but
not 80,000 square feet 3
(iv) Exceeding 80,000 square feet 3 plus
1 additional space
for each additional
100,000 square feet
or fractional part
thereof in excess of
80,000 square feet.
(b) ACCESS
Access to loading or unloading spaces shall be by means of a
driveway at least 20 feet wide contained within the lot on
which the spaces are located and leading to a street or land
located within or adjoining the Commercial or Industrial Zone.
•
(21)
SECTION 6 (11) (c) GENERAL PROVISIONS
(11) (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 constructed of crushed stone, slag, gravel, crushed
brick (or tile), cinders, asphalt, concrete, or Portland cement
binder, for a combined depth of at least 6 inches and with
provisions for drainage facilities.
(d) LOCATION
The loading space or spaces required shall be located in the
interior side or rear yard unless set backfrom the street line
a minimum distance of 100 feet.
(e) EXCEPTION
The provisions of paragraph (a) of this subsection shall not
apply to require the establishment of loading or unloading
spaces within a C2 Zone.
(12) LOTS HAVING LESS AREA AND /OR FRONTAGE
Where a lot having a lesser lot area or lot frontage than that 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 complied with.
(13) NOXIOUS TRADE
No use shall be permitted which from its nature or the materials
used therein is declared to be a noxious trade, business or
manufacture under the Public Health Act or regulations thereunder.
(14) PARKING AREA REGULATIONS
Parking spaces and areas are required under this by -law, in
accordance with the following provisions:
(a) PARKING AREA REQUIREMENTS
S The owner of every building or structure erected or used for
any of the purposes hereinafter set forth shall provide and
maintain for the sole use of the owner, occupant or other persons
(22)
SECTION 6 (14) (a) GENERAL PROVISIONS
entering upon or making use of the said premises from time
to time, parking spaces and areas as follows:
TYPE OF USE MINIMUM PARKING REQUIREMENT
Residential (other 1 parking space per dwelling unit.
than listed herein) plus 1 parking space per guest room.
Apartment Dwelling 1.5 parking spaces per dwelling unit.
House
Hotel, Motel 1.2 parking space per guest room plus
1 parking space for each four persons
that can be accommodated at any one time
in a beverage room or liquor lounge.
Boarding, Lodging 1 parking space per dwelling unit plus
House 1 parking space per guest room.
Hospital, Nursing 3 parking spaces per 4 beds or
Home fraction thereof.
Church 1 parking space per 10 fixed seats.
Assembley Hall, The greater of:
Community Centre, (a) 1 parking space per 6 fixed seats
Theatre or fraction thereof, or
(b) 1 parking space per 100 square feet
of gross floor area.
School The greater of:
(a) 1.5 parking spaces per classroom,
or
(b) 1 parking space per 35 square feet
of floor area in the gymnasium, or
(c) 1 parking space per 35 square feet
of floor area in the auditorium.
Undertaking Establish- 1 parking space per 200 square feet
ment of gross floor area with a minimum of
10 spaces.
Eating Establishment 1 parking space per 100 square feet
• of gross floor area.
(23)
• SECTION 6 (14) (a) GENERAL PROVISIONS
TYPE OF USE MINIMUM PARKING RECUIREMENT
Office, Public Building 1 parking space per 200 square feet of
gross floor area.
Bowling Alley 4 parking spaces per bowling lane.
Retail Store, Retail 1 parking space per 200 square feet of
Shop or Service Shop gross floor area.
Industrial Establish- 1 parking space per 400 square feet of
went manufacturing floor area.
Uses permitted by this 1 parking space per 400 square feet of
By -law Other Than Those gross floor area.
Listed in this Table
(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, or Portland cement binder, for a combined
depth of at least 6 inches and with provisions for drainage
facilities. Provided that in the case of a dwelling house
containing four or more dwelling units such parking area and
driveway shall be paved with an asphaltic or concrete surface.
(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 a driveway and an inter-
section of street lines measured along the street
line intersected by such driveway shall be 25 feet.
•
(24)
SECTION 6 (14) (c) (iv) GENERAL PROVISIONS
(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; and
(b) for each additional 100 feet of frontage - not
more than 1 additional driveway.
(d) MORE THAN ONE USE ON A LOT
When a building or structure accommodates more than one type
of use as set out in paragraph (a) of this subsection the
parking space requirement for the whole building shall be the
Same as the requirements for the separate parts of the building
occupied by the separate types of use.
(e) ADDITIONS TO BUILDINGS
When a building or structure has insufficient parking at
the time of the passing of this By -law to comply with the
requirements herein this By -law shall not be interpreted to
require that the deficiency be made up prior to the
construction of any addition. No addition may be built
and no change of use may occur, however the effect of which
would be an increase in that deficiency, provided that
this paragraph shall not apply to require the establishment
of parking spaces and areas for a detached single - family
dwelling house which existed at the date of passing of this
By -law.
(f) USE OF PARKING SPACES AND AREAS
Any area where off - street parking is permitted under this
by -law shall be used for the parking of operative currently
licensed passenger vehicles only, and for vehicles used in
operations incidental to the permitted uses in respect of
which such parking spaces and areas are required. Provided
that no person shall in any Residential Zone use any lot
for the parking or storage of any commercial motor vehicle
which has dual wheels or which has a capacity in excess of
one ton.
Provided further that notwithstanding the foregoing the
owner or occupant of any lot, building or structure in
• any Residential Zone may use any private garage of which he
is the owner or occupant, erected upon any such lot for the
housing or storage of one commercial motor vehicle not
exceeding one ton capacity operated by himself.
(25)
Revised: September 13, 1968.
• SECTION 6 (14+) (f) GENERAL PROVISIONS
Provided further, however, that notwithstanding the foregoing
no person shall in any Residential Zone use any lot, building
or structure for the parking or storage of more than one
commercial motor vehicle.
For the Iurposes of this subsection "commercial motor vehicle"
shall mean any commercial vehicle as defined in The Highway
Traffic Act.
(g) 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 follows:
ZONE YARD IN WHICH REQUIRED
PARKING AREA PERMITTED
• Open Space, Commercial, All yards provided that no part of
Flood and Development any parking area, other than a drive-
way, is located closer than 3 feet
to any street line.
Residential - except an All yards provided that no part of
Apartment Dwelling House 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 - Apartment All yards provided that no part of
Dwelling House any parking area, other than a
driveway, is located closer than
25 feet to any street line and no
closer than 10 feet to any side lot
line.
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.
(26)
• SECTION 6 (1) (h) GENERAL PROVISIONS
(h) PARKING SPACE LOCATION 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 spaces and areas 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) MULTIPLE USE OF PARKING AREA
Where two or more uses utilizing . the same parking
area will never occur simultaneously the.parking
requirements of the use having the highest parking
requirements shall govern.
(15) PLANTING STRIPS
(a) CONTENTS
• A planting strip shall be used for no other purposes
than planting of a row of trees or a continuous unpierced
hedgerow of evergreens or shrubs, not less than 5 feet
high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required
hereunder; the remainder of the strip shall be planted
with ornamental shrubs, flowering shrubs, flower beds or
a combination thereof.
(b) WIDTH
Where a planting strip is required in any zone, it shall be
a minimum width of 10 feet, unless otherwise provided
herein.
(c) LOCATION AND MAINTENANCE
A planting strip shall be located within the zone
requiring it, on lots abutting a Residential or Develop-
ment Zone or a portion of a street the opposite side of
which portion of the street abuts a Residential or
Development Zone. It shall be planted, nurtured and
maintained by the owner, and /or owners of the lot on
which the strip is located.
411 (27)
• SECTION 6 (15) (d) GENERAL PROVISIONS
(d) DRIVEWAYS
In all cases where access and exit driveways extend through a
planting strip, it shall be permissible to interrupt the strip
within 10 feet of the edge of such driveway.
(e) LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of
any required landscaped open space.
(16) PUBLIC USES
(a) PUBLIC SERVICES
The provisions 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 public services by the Corporation or the
County or by any local board of either the Corporation or the
County as defined by The Department of Municipal Affairs Act,
any telephone or telegraph company, any natural gas distribution
system operated by the Corporation or on its behalf by a
• company distributing gas to the residents of the Corporation
and possessing all the necessary powers, rights, licenses and
franchise, any Conservation Authority established by the
Government of Ontario, any department of the Government of
Ontario or of Canada, including the Hydro - Electric Power
Commission of Ontario, any use permitted under The Railway
Act or any other statute of Ontario or Canada governing railway
operations, including tracks, spurs and other railway facilities
provided that where such lot, building or structure is located
in any zone: -
(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 within which the use
is located shall be complied with;
(iii) any above ground non - recreational use carried on under
the authority of this paragraph in any Residential
Zone shall be enclosed in a building designed and
maintained in general harmony with residential buildings
of the type permitted in such zone; and
(iv) all other provisions of Section 6 shall be complied
with.
•
(28)
SECTION 6(16) (b) GENERAL PROVISIONS
•
(b) 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
supply and /or communication line; provided that the location of
such main or line has been approved by the Corporation.
(c) EXCEPTIONS
Where in this by -law, under the heading of "USES PERMITTED ", a
use is specifically permitted in a zone, which use without such
reference thereto would be permitted in any zone, pursuant to
the provisions of paragraph (a) of this subsection, then such
use shall be permitted only within the zone or zones making
reference thereto and the said paragraph (a) shall not apply
to such use.
(17) REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any lot or building is
used or erect any new building 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.
(18) 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 40 feet measured along the
street line from the point of intersection of the street line, except
in a C2 Zone, no building or structure which would obstruct the vision
of drivers or motor vehicles shall be erected. Such triangular space
may hereinafter be called a "sight triangle ".
(19) SIGNS
The provisions of this by -law shall not apply to prevent the erection,
alteration or use of any sign provided such sign complies with the
by -laws of the Corporation regulating signs.
(20) SPECIAL USES PERMITTED
The following uses are permitted in all zones within the Corporation.
(a) A tool shed, scaffold or other building or structure incidental
• to construction on the lot where it is situated and only for so
(
Revised: September 13, 1968.
SECTION 6(20)(a) GENERAL PROVISIONS
•
long as it is necessary for the work in progress and until the
work is completed or abandoned.
(b) "Abandoned" in this subsection shall mean the failure to proceed
expeditiously with the construction of a work.
(21) THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one
street such lot shall have a front yard on each street in accordance
with the provisions of the zone or zones in which each front yard is
located.
(22) YARD AND SETBACK ENCROACHMENTS PERMITTED
(a) ORNAMENTAL STRUCTURES
Notwithstanding the yard and setback provisions of this
by -law to the contrary, sills, belt courses, chimneys,
cornices, eaves, gutters, parapets, pilasters or other
ornamental structures may project into any required yard
or the area between the street line and the required
• setback a maximum distance of 18 inches.
(b) ACCESSORY STRUCTURES
Notwithstanding the yard and setback provisions of this
by -law to the contrary, drop awnings, clothes poles, flag
poles, garden trellises, fences, retaining walls, signs, or
similar accessory uses shall be permitted in any required
yard or in the area between the street line and the required
setback.
(c) 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 3 feet provided
that in the case of porches, steps or patios such uses
are not more than 4 feet above grade.
(d) 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 only of hand rails
(30)
Revised: September 13, 1968.
SECTION 6(22)(d) GENERAL PROVISIONS
•
and the structural members necessary to their support,
may project into any required setback a maximum distance
of 4 feet.
(e) PRIVATE GARAGE
Notwithstanding the front yard or setback provisions of
this by -law to the contrary, where a dwelling house is
permitted on a lot and the general elevation of the front
yard is above the street level, a private garage shall be
permitted in the required front yard or in the area between
the street line and the required setback, provided the roof
of such garage is not more than 2 feet above the general
elevation of the front yard.
(f) RAILWAY SPUR
Notwithstanding the yard and setback provisions of this by -law
to the contrary, a railway spur shall be permitted within any
required yard or in the area between the street line and the
required setback.
(g) GATE HOUSE
• Notwithstanding the yard and setback provisions of this by -law,
to the contrary, in an Industrial Zone, a gate house shall be
permitted in a front or side yard or in the area between the
street line and the required setback.
(h) BUILDING IN BUILT -UP AREA
Notwithstanding the yard and setback provisions of this by -law
to the contrary, where a single- family dwelling house or access-
ory use thereto is to be erected in a built -up area where there
is an established building line, such dwelling house or access-
ory use may be erected closer to the street line or the centre-
line of the street, as the case may be, than required by this
by -law provided such dwelling house or accessory use 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.
For the purpose of the above paragraph where more than half the
frontage on any one side of one block has been built upon, the
"established building line" means the average setback of the
existing buildings on that side of the block.
•
(31)
Revised: September 13, 1968.
• SECTION 7. GENERAL PROVISIONS FOR RESIDENTIAL USES
GENERAL PROVISIONS FOR RESIDENTIAL USES
The contents of this Section are :
Subsection PaEe
(1) SINGLE- FAMILY DWELLING HOUSE 33
(2) SEMI- DETACHED DWELLING HOUSE 34
(3) DUPLEX DWELLING HOUSE 34
(4) TRIPLEX DWELLING HOUSE 35
(5) SEMI- DETACHED DUPLEX DWELLING HOUSE 35
(6) QUADRUPLEX DWELLING HOUSE 35
(7) CONVERTED DWELLING HOUSE 36
• (8) BOARDING OR LODGING HOUSE 37
(9) ROW DWELLING HOUSE 37
(10) APARTMENT DWELLING HOUSE OR DWELLING 38
UNIT IN A PORTION OF A NON- RESIDENTIAL
BUILDING
•
(32)
SECTION ; GENERAL PROVISIONS FOR RESIDENTIAL USES
(i) SINGLE - FAMILY DWELLING liOUSr
No person s }gall use any lot or erect, alter or use any building or structure
for the purposes of a single- family dwelling house except in accordance
with the previsions of Schedule "4" and the special provisions below:
(a) SPECIAL PROVISIONS
( i.) MJMBF.S OF SINGLED - FAMILY DWELLING HOUSES
PD LOT:
Maximum in all Zones 1 only
provided that on any lot having an
area of at least 25 acres in any D
Zone and used principally for farming,
one or more single-family dwelling
houses may be erected, altered or used
if used only for the accommodation of
persons employed in the operation of
such farm and, provided further
that any single- family dwelling houses
so erected, altered or used shall have
a .minimum_ of 20 feet between such.
dwellings.
(ii) SINGLE- FAMILY DWELLING HOUSE AND NON- RESIDENTIAL
BUILDING ON SAME LOT:
Where a permitted single - family dwelling house is
erected, altered or used on the same lot in a
Commercial Zone as a permitted Non- Residential
building then no yard is required between such
buildings except that in no case shall a single-
family dwelling house be erected, altered or
used closer than 10 feet to an automobile service
station or public garage.
(iii) INTERIOR SIDE YARD:
Minimum width in 81..1 Zones 8 feet on one side,
4 feet on other side
plus 2 feet on the
narrow side for each
additional or partial
storey above the first,
nrotri.ded that where a garage or carport is attached to
or s Wit }li'. the main building or the lot is a corner lot,
thf: minimum wan ti the interior side yard shall be !■ feet
r].u:> 2 feet for , act; ;.dditicnal or partial storey above
SECTION 7 (2) GENERAL PROVISIONS FOR RESIDENTIAL USES
•
(2) SEMI- DETACHED DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or structure
for the purposes of a semi - detached dwelling house unless the lot is served
by a public water supply and sanitary sewers and except in accordance with
the provisions of Schedule "A: and the special provisions below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD:
Minimum width for the side that is
not attached to other dwelling house 8 feet
provided that where a garage or carport
is attached to or is within the main
building, the minimum width of the
interior side yard shall be 4 feet plus
2 feet for each additional or partial
storey above the first.
(3) DUPLEX DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or
• structure for the purposes of a duplex dwelling house unless the lot
is served by a public water supply and sanitary sewers and except in
accordance with the provisions of Schedule "A" and the special provisions
below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD
Minimum width 12 feet on one side
6 feet on other side
plus 2 feet on the
narrow side for each
additional or partial
storey above the second,
provided that where two garages and /or carports are
attached to and /or are within the main building or the
lot is a corner lot, the minimum width of the interior
side yard shall be 6 feet plus 2 feet for each additional
or partial storey above the second.
• ( )
• SECTION 7.( 1 ) GENERAL PROVISIONS FOR RESIDENTIAL USES
(4) TRIPLEX DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or
structure for the purposes of a triplex dwelling house unless the lot
is served by a public water supply and sanitary sewers and except in
accordance with the provisions of Schedule "A" and the special provisions
below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD
Minimum width 16 feet on one side
10 feet on other side
plus 2 feet on the
narrow side for each
additional or partial
storey above the third,
provided that where three garages and /or carports are
attached to and /or are within the main building or the lot
is a corner lot, the minimum width of the interior side
yard shall be 10 feet plus 2 feet for each additional or
• partial storey above the third.
(5) SEMI- DETACHED DUPLEX DWELLING HOUSE
No person shall use any lot, or erect, alter or use any building or
structure for the purposes of a semi - detached duplex dwelling house and
unless the lot is served by a public water supply and sanitary sewers
and except in accordance with the provisions of Schedule "A ".
(6) QUADRUPLEX DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or
structure for the purposes of a quadruplex dwelling house unless the
lot is served by a public water supply and sanitary sewers and except
in accordance with the provisions of Schedule "A" and the special provisions
below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD
Minimum width 10 feet plus 2 feet
for each additional
or partial storey
above the second.
•
(35)
• SECTION 7 (6) (a) (ii) GENERAL PROVISIONS FOR RESIDENTIAL USES
(ii) REAR YARD
Minimum depth , 35 feet,
provided that where parking areas, excluding a
private driveway for the dwelling house, are
provided in the rear yard the minimum depth of
yard adjacent to the rear wall of the main
building unobstructed by any parking area,
excluding such private driveway shall be 25 feet.
(7) CONVERTED DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or
structure for the purposes of a converted dwelling house unless the
lot is served by a public water supply and sanitary sewers and except
in accordance with the provisions of Schedule "A" and the special
provisions below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD
• Minimum width 10 feet on one side
4 feet on other side
plus 2 feet on the narrow side
for each additional or partial
storey above the first,
provided that where a garage or a 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.
(ii) Notwithstanding any provisions to the contrary, any
dwelling house erected prior to the date of passing of this
by -law, and containing not less than 1,000 square feet of
dwelling unit area having contiguous thereto a front yard
and /or an interior side yard and /or an exterior side yard
and /or setback, which is or are less than required under
the provisions of Schedule "A" or the special provisions
of this subsection as the case may be, may be altered to
a converted dwelling house provided such alteration does
not reduce the front, interior side or exterior side yard or
setback, as the case may be, which is or are less than
required under the provisions of Schedule "A" or the special
provisions of this subsection.
•
(36)
• SECTION 7 (8) GENERAL PROVISIONS FOR RESIDENTIAL USES
(8) BOARDING OR LODGING HOUSE
No person shall use any lot or erect, alter or use any building or
structure for the purposes of a boarding or lodging house unless the
lot is served by a public water supply and sanitary sewers and except
in accordance with the provisions of Schedule "A" and the special pro-
visions below:
(a) SPECIAL PROVISIONS
(i) INTERIOR SIDE YARD
Minimum width 10 feet on one side
4 feet on other side
plus 2 feet on the
narrow side for each
additional or partial
storey above the first,
provided that where a garage or a 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.
(ii) Notwithstanding any provisions to the contrary, any dwelling
house erected prior to the date of passing of this by -law,
and containing not less than 1,000 square feet of dwelling unit
area, having contiguous thereto a front yard and /or an interior
side yard and /or an exterior side yard and /or setback, which is
or are less than required under the provisions of Schedule "A"
or the special provisions of this subsection as the case may
be, may be altered to a converted dwelling house provided
such alteration does not reduce the front, interior side
or exterior side yard or setback, as the case may be, which
is or are less than required under the provisions of Schedule
"A" or the special provisions of this subsection.
(9) ROW DWELLING HOUSE
No person shall use any lot or erect, alter or use any building or
structure for the purposes of a row dwelling house unless the lot is
served by a public water supply and sanitary sewers and except in
accordance with the provisions of Schedule "A" and the special provisions
below:
11111 (37)
SECTION 7 (9) GENERAL PROVISIONS FOR RESIDENTIAL USES
•
(a) SPECIAL PROVISIONS
(i) LOT AREA
The Minimum lot area shall be the
sum of the areas required for each
dwelling unit on the lot as follows:
for each dwelling unit in the case
where the dwelling unit has two
walls attached to adjoining units 2,100 square feet,
for each dwelling unit in the case
where the dwelling unit has only
one wall attached to an adjoining
unit. 2,600 square feet,
provided that where the required parking
space is provided in a location other than
the rear yard, the minimum lot area may be
reduced by 300 square feet.
(ii) REAR YARD
Minimum depth 35 feet
provided that the yard adjoining the
• full length of the rear wall of the
dwelling house shall be clear and
unobstructed by any public pedestrian
access or surface parking area, excluding
a private driveway for the dwelling house
for a minimum depth of 25 feet measured at
right angles from such wall.
(iii) INTERIOR SIDE YARD
Minimum width 35 feet.
provided that an interior side yard adjoining an end wall
containing no habitable room windows may be reduced to 6 feet.
(10) APARTMENT DWELLING HOUSE, MAISONETTE DWELLING HOUSE, OR DWELLING
UNIT IN A PORTION OF A NON- RESIDENTIAL BUILDING
No person shall use any lot or erect, alter or use any building or
structure for the purposes of an apartment building house or a
dwelling unit in a portion of a non - residential building unless the
lot is served by a public water supply and sanitary sewers and except
in accordance with the provisions of Schedule "A" and the special
provisions below:
(a) SPECIAL PROVISIONS
• (i) LOT FRONTAGE
No minimum lot frontage is required
in a C2 Zone.
(38)
SECTION 7 (10) (a) (ii) GENERAL PROVISIONS FOR RESIDENTIAL USES
(ii) LOT AREA
The minimum lot area shall be the sum of
the areas required for each dwelling unit
on the lot as follows:
in R2 Zones:
for each bachelor dwelling unit 1,000 square feet.
for each dwelling unit other than
a bachelor dwelling unit 1,000 square feet
plus 500 square
feet per bedroom.
(iii) REAR YARD
Minimum depth 1z the height of
the building, or 35
feet, whichever is
the greater,
provided that a rear yard adjoining an
end wall containing no habitable room windows
may be reduced to 6 feet.
• (iv) INTERIOR SIDE YARD
Minimum width % the height of
the building or 35
feet, whichever is
the greater,
provided that an interior side yard
adjoining an end wall containing no
habitable room windows may be reduced
to 6 feet.
(v) DWELLING UNIT AREA
Minimum for a bachelor dwelling unit 400 square feet.
Minimum for a dwelling unit containing
one bedroom 600 square feet.
Minimum for a dwelling unit containing
two bedrooms 700 square feet.
Minimum for a dwelling unit containing
three bedrooms 900 square feet
Minimum for a dwelling unit containing
more than three bedrooms 900 square feet
plus 100 square
feet for each
bedroom in excess
of three.
(39 )
• SECTION 7 (10) (a) (vi) GENERAL PROVISIONS FOR RESIDENTIAL USES
(vi) COURTS
Where a building is in a court form the distance between
opposing side walls of the building forming the court shall
be not less than 70 feet or the height of the highest
portion thereof, whichever is the greater.
(vii) YARDS
An unobstructed yard, clear and unobstructed by any public
parking area, excluding a private driveway for a dwelling
unit, shall be provided adjoining each exterior wall of
every dwelling unit with a minimum depth measured at
right angles from such wall it adjoins as follows:
in the case of a wall containing a
habitable room window The greater of 25
feet or half the
height of the
building to a
maximum of 35 feet.
except that where the yard adjoins
a street line the minimum depth
• need not exceed 20 feet.
in the case of an end wall containing
no habitable room windows 6 feet.
Within this unobstructed yard a private area unobstructed
by any public or joint pedestrian access surface shall
be provided extending 12 feet from any habitable room
window, this distance being measured radially from any
point on the window except that in the case of a window
6 feet or more above grade this private area requirement
shall not apply.
(viii) COMBINED USES
Where a building is erected, altered or used jointly for
a Residential Use and a Non - Residential Use in a C2 Zone, then
(1) the Residential portion of such building shall comply
with all the requirements of this Section 7(10) and the
gross floor area of the whole building shall not exceed
the maximum gross floor area and height provisions of this
by -law for the Non- Residential use and (2) the yard and
landscaped open space requirements may be provided at grade
or on the uncovered portion of the roof of the Non- Residential
building.
•
(4o)
• SECTION 7 (10) (a) (ix) GENERAL PROVISIONS FOR RESIDENTIAL USES
(ix) CONVERSIONS
Notwithstanding the yard and setback provisions of this
by -law to the contrary, the upper portion of any building
erected prior to the date of passing of this by -law in a C2 Zone
may be altered to provide dwelling units provided such
alteration does not reduce any existing yards or setback and
provided further that all other requirements of this by -law are
complied with.
•
• (41)
SECTION 8 OS
• OPEN SPACE ZONE (OS)
(1) USES PERMITTED
No person shall within any OS Zone use any lot or erect, alter or use
any building or structure for any purposes except one or more of the
following OS uses, namely:
(a) RESIDENTIAL USES
a detached single - family dwelling house if occupied by the
caretaker, watchman or other similar person, employed on
the lot on which such dwelling house is located, and his
family.
(b) NON- RESIDENTIAL USES
a comet&;
a golf course;
a park;
a public use in accordance with the provisions
of Section 6 (16) hereof.
(2) ZONE PROVISIONS
• No person shall within any OS Zone use any lot or erect, alter or use
any building or structure except in accordance with the following
provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
(b) NON- RESIDENTIAL USES
In accordance with the provisions of Schedule "B ".
•
(42)
SECTION 9 R1
RESIDENTIAL TYPE 1 ZONE (R1)
(1) USES PERMITTED
No person shall within any R1 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
Rl uses, namely:
(a) RESIDENTIAL USES:
a detached single - family dwelling house;
a semi - detached dwelling house;
a duplex dwelling house;
a converted dwelling house;
a home occupation.
(b) NON- RESIDENTIAL USES:
a church;
a public use in accordance with the
provisions of Section 6(16) hereof.
• (2) ZONE PROVISIONS
No person shall within any R1 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
(b) NON- RESIDENTIAL USES
In accordance with the provisions of Schedule "B".
• (43)
• SECTION 10. R2
RESIDENTIAL TYPE 2 ZONE (R2)
(1) USES PERMITTED
No person shall within any R2 Zone use any lot or erect, alter or use any
Building or structure for any purpose except one or more of the following
R2 uses, namely:
(a) RESIDENTIAL USES:
a detached single - family . dwelling house;
a semi- detached dwelling house;
a duplex dwelling house;
a triplex dwelling house;
a semi- detached duplex dwelling house;
a quadruplex dwelling house;
a row dwelling house;
a converted dwelling house;
a boarding or lodging dwelling house;
an apartment dwelling house;
a home occupation.
• (b) NON- RESIDENTIAL USES:
a church;
a public use in accordance with the
provisions of Section 6(16) hereof.
(2) ZONE PROVISIONS
No persons shall within any R2 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
(b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B ".
(44)
SECTION 11. Cl
• HIGHWAY COMMERCIAL ZONE (C1)
(1) USES PERMITTED
No person shall within any Cl Zone use any lot or erect, alter or use any
building or structure for any purpose, except one or more of the following
Cl uses, namely:
(a) RESIDENTIAL USES:
a single- family dwelling house if occupied by the owner,
caretaker, watchman or other similar person employed
on the lot on which such dwelling house is located, and
his family;
a dwelling unit in a portion of a Non - Residential building
if occupied by the owner, cereta1'er, watchman or other
similar person employed on the lot on which such
dwelling unit is located, and his family, except that in
the case of an automobile service station and a public
garage such dwelling unit shall not be permitted.
(b) NON- RESIDENTIAL USES:
• an automobile service station;
an automobile sales garage;
a brewers' retail store-
a convenience store;
an eating establishment;
a farm implement dealer;
a farm produce retail outlet;
a fuel storage yard;
a motel or hotel;
a parking lot;
a park;
a public garage;
a public use in accordance with the
provisions of Section 6(16) hereof;
a retail nursery.
(2) ZONE PROVISIONS
No person shall within any Cl Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A"
• (b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B"
(45)
SECTION 11 (2) (c) Cl
•
(c) SPECIAL PROVISIONS
(1) INTERIOR SIEE YnrD
No interior side yard is required
provided that if any building or
structure is to be erected, altered
or used on a lot immediately adjoining
a Residential or Development Zone an
interior side yard shall be provided on
the side adjoining such Residential or
Development Zone. Any such required
side yard shall havea minimum width of
20 feet.
•
(4 6)
)
•
SECTION 12. C2
• GENERAL COMMERCIAL ZONE (C2)
(1) USES PERMITTED
No person shall within any C2 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
C2 uses, namely:
(a) RESIDENTIAL USES:
an apartment dwelling house the first storey of which
is used for Non - Residential uses, other than an
automobile service station or a public garage, and in
which no Non - Residential uses are above the second
storey;
a dwelling unit or units in the upper portion of a
Non - Residential building, other than an automobile
service station or public garage.
(b) NON- RESIDENTIAL USES:
an artixt or photographic studio;
an assembly hall;
an automobile sales garage for new cars;
• an automobile service station;
a bakeshop;
a banquet hall;
a builder's supply;
a business or professional office;
a clinic;
a convenience store;
a dressmaking or tailor shop;
a dry- cleaning establishment;
a dry - cleaner's distribution station;
an eating establishment;
a farm implement dealer;
a feed or grain mill;
a financial office or institution;
a hotel;
a laundry shop;
a motel;
a parking lot;
a place of entertainment;
a post office;
a printing plant;
a private educational facility
a public garage;
a public use in accordance with the
provisions of Section 6(16) hereof;
a retail store;
• (47)
SECTION 12 (1) (b) C2
•
a service shop;
a taxi stand or station;
a wholesale use accessory to any of the
foregoing Non - Residential uses.
(2) ZONE PROVISIONS
No person shall within any C2 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
(b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B ".
(c) SPECIAL PROVISIONS
(i) HOTELS - MOTELS
• Where the exterior wall of a guest room
contains a habitable room window such wall
shall be located not closer than 25 feet
to any interior side or rear lot line.
• ( 48 )
SECTION 13 M1
GENERAL INDUSTRIAL ZONE (M1)
(1) USES PERMITTED
No person shall within any Ml Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more
of the following M1 uses, namely:
(a) RESIDENTIAL USES:
a detached single - family dwelling house if
occupied by a caretaker, watchman or other
similar person employed full time on the
lot on which such dwelling house is located.
(b) NON- RESIDENTIAL USES:
a cartage, express or truck transport
terminal or yard;
a contractor's or trademan's shop or yard;
a dry - cleaning establishment;
a feed or flour mill;
a fuel storage tank or supply yard;
a grain elevator;
• a laundry shop;
a lumber yard;
a manufacturing plant;
a municipal service garage ,warehouse or
storage yard;
an open storage use accessory to a permitted use;
a parking lot;
a planing or saw mill;
a public garage;
a public use in accordance with the provisions
of Section 6(16) hereof;
a retail outlet, a wholesale outlet or a business
office accessory to a permitted use;
a service shop;
a warehouse.
(2) ZONE PROVISIONS
No person shall within any M1 Zone use any lot or erect, alter or
use any building or structure except in accordance with the follow-
ing provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
• (b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B ".
(
Revised: September 13, 1968.
• SECTION 13 (2) (c) 141
(c) SPECIAL PROVISIONS
(i) OPEN STORAGE
The open storage of goods or materials shall
be permitted only to the rear of the main
building and provided that:
(a) such open storage is accessory to the
use of the main building on the lot;
(b) such open storage complies with the
yard and setback requirements of this
Section;
(c) such open storage does not cover more
than 35% of the lot area nor exceed
twice the ground floor area of the
main building on the lot;
(d) any portion of the area used for open
storage, where it does not adjoin the
• outside wall of a building is concealed
from view from the street by a fence or wall.
• (50)
SECTION i1. M2
DISPOSAL INDUSTRIAL ZONE (M2)
(1) USES PERMITTED
No person shall within any M2 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
M2 uses, namely:
(a) RESIDENTIAL USES:
Prohibited.
(b) NON - RESIDENTIAL USES:
a public or private garbage dump or waste disposal area;
a public use in accordance with the provisions of
Section 6 (16) hereof.
(2) ZONE PROVISIONS
No person shall within any M2 Zone use any lot or erect, alter or use any
• building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
Such uses prohibited.
(b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B ".
(c) SPECIAL PROVISIONS:
(i) OPEN STORAGE
Any part of any lot used for a permitted open storage purpose
shall be fenced.
Ilk
(51)
Revised: September 13, 1968.
• SECTION 15. F
FLOOD ZONE (F)
(1) USES PERMITTED
No person shall within any F Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
F uses, namely:
(a) RESIDENTIAL USES:
Prohibited.
(b) NON- RESIDENTIAL USES:
a golf course;
a park;
a public use in accordance with the
provisions of Section 6(16) hereof.
(2) ZONE PROVISIONS
No person shall within any F Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
Such uses prohibited.
(b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B".
(c) SPECIAL PROVISIONS
(i) ADJACENT ZONES:
No part of any Flood Zone shall be used to calculate
any of the Zone Provisions as may be required by this
by -law for uses in adjacent zones.
• (52)
•
SECTION 16. D
DEVELOPMENT ZONE (D)
(1) USES PERMITTED
No person shall within any D Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
D uses, namely:
(a) RESIDENTIAL USES:
detached sin e- dwelling house a single-family 11 g o accessory ly r'J to
any permitted Non - residential use.
(b) NON- RESIDENTIAL USES:
an animal hospital;
a commercial greenhouse;
a farm, provided the farm is not a
specialized farm;
a public use in accordance with the provisions
of Section 6(16) hereof.
• (2) ZONE PROVISIONS
No person shall within any D Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a) RESIDENTIAL USES:
In accordance with the provisions of Schedule "A ".
(b) NON- RESIDENTIAL USES:
In accordance with the provisions of Schedule "B ".
•
(53)
Revised: September 13, 1968.
•
SECTION 17. EXCEPTIONS
•
EXCEPTIONS
•
• (514)
SECTION 18. ADMINISTRATION
ADMINISTRATION I. ENFORCEMENT AND PENALTIES
(1) ADMINISTRATION
This by -law shall be administered by the Building Inspector or by a
Zoning Administrator appointed by Council.
(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) 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 Building Inspector or Zoning Administrator to the
effect that the proposed use corplied with this by -law.
(k) APPLICATION FOR PERMITS
• In addition to all the requirements of the Corporation's Building By -law
or any other by -law of the Corporation, every application for a
building permit shall be accompanied by a plan in duplicate (one copy
of which shall be retained by the Building Inspector or Zoning Administrator)
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 and dimensions of
any building, structure or use proposed to such
lot.
(c) Proposed locations and dimensions of any yards,
setback, landscaped open space, off - street parking
space or off- street loading facilities required by
this by -law.
(d) The location of all existing buildings or structures on
the lot shown on the plan.
(e) A statement signed by the owner, disclosing the exact use
proposed for each aforesaid building, structure or use
and giving all information necessary to determine if such
proposed or existing building, structure or use conforms
to the requirements of this by -law.
(55)
SECTION 18 (5) ADMINISTRATION
ADMINISTRATION 1. ENFORCEMENT AND PENALTIES
(5) INSPECTION
The Building Inspector or any officer or employee of the
Corporation acting under the direction of the Council is
hereby authorized to enter, at all reasonable hours, upon
• any property or premises for the purpose of carrying out
his duties under this by -law.
(6) VIOLATIONS AND PENALTIES
Every person who uses any lot, or erects or uses any building
or 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 or causes or permits a violation,
shall be guilty of an offence and upon conviction therefor
shall forfeit and pay a penalty not exceeding Three Hundred
Dollars ($300.00) exclusive of costs for each such offence,
and every such penalty shall be recoverable under the Municipal
Act and the Summary Convictions Act.
(7) REMEDIES
• 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 Corporation pursuant to
the provisions of the Municipal Act in that behalf.
(8) VALIDITY
If any section, clause or provisions of this by -law, including
anything contained in Schedules "A ", "B or "C" attached hereto, 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 so declared to be invalid and it is hereby declared
to be the intention that all the remaining sections, clauses or
provisions 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.
• (56)
SECTION 19. APPROVAL
•
APPROVAL
This by -law shall become effective on the date hereof
subject to the approval of the Ontario Municipal Board,
if such approval is required.
THIS BY -LAW given its first,
second and third readings
and finally passed on the
22nd day of November
A.D., 1968.
•
Mayor - �-- - - - - --
(SEAL)
Illi
Cl -rk
III (57)
•
SCHEDULE "B" TEXT
(1) provided that where the side lot line is the boundary line between
an Industrial Zone and a Residential, Commercial or Development Zone,
the minimum interior side or rear yard width opposite such Zone shall
be doubled.
(2) provided that where the lands adjoining the opposite side of that
portion of the street abutting such front or exterior side yard
designated as a Residential, Commercial or Development Zone, the
minimum front or exterior side yard depth and the street setback
opposite such Zone shall be increased by 30 feet.
(3) HEIGHT OF BUILDING SETBACK:
If any portion of a building is erected above a height of 40 feet, such
portion must be setback 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.
• (4) PROPERTY ABUTTING RAILWAY:
Notwithstanding any other provision of this by -law to the contrary,
where any lot line or portion thereof abuts a railway right -of -way, no
interior side or rear yard shall be required along that portion of such
lot line which so abuts the railway right -of -way.
(5) USE OF FRONT AND EXTERIOR SIDE YARDS:
Required front and exterior side yards shall be kept open and unobstruct-
ed by any structure or parking area for motor vehicles, except for
visitor parking areas.
(6) Add 500 square feet for each employee in excess of 20.
(7) See Special Provisions, Section 11.
(8) PROPERTY ABUTTING RESIDENTIAL
OR DEVELOPMENT ZONE:
Where the front, side or rear lot line abuts a Residential or Development
Zone or a •portion of a street the opposite side of which portion of
the street abuts a Residential or Development Zone, planting strips
adjoining such abutting lot line or portion thereof, shall be provided
in accordance with the requirements for planting strips set out in Section
• 6(15) hereof.
(58)
Revised: September 13, 1968.
• SCHEDULE "B" TEXT (CONT'D)
(9) PUMP ISLANDS:
Notwithstanding any other provisions of this by -law to the contrary,
a pump island for dispensing gasoline, accessory to a permitted use,
may be located not closer than 15 feet to any lot line.
(10) (i) PUMP LOCATION:
Notwithstanding any other provisions of this by -law to the
contrary, a pump island may be located within any front yard
or exterior side yard provided:
(a) the minimum distance between any portion of the pump
island and any street line shall be 15 feet; and
(b) where the lot is a corner lot, no portion of any pump
island shall be located closer than 10 feet to a
straight line between'a point in the front lot line and
a point in the exterior side lot line, each such point
being distant 50 feet from the intersection of such
lines.
• (ii) DRIVEWAYS:
Notwithstanding the provisions of Section 6(14) of this by -law
the following provisions shall apply to driveways:
(a) The maximum width of a driveway measured along the
sidewalk, where such exists, and along the street
line shall be 30 feet.
(b) The minimum distance between driveways measured along
the street line intersected by such driveways shall
be 25 feet.
(c) The minimum distance between a driveway and an inter-
section of street lines measured along the street line
intersected by such driveway shall be 30 feet.
(d) The minimum distance between an interior side lot line
and any driveway shall be 10 feet.
(e) The interior angle formed between the street line and
the centreline of any driveway shall be not less than
45 degrees.
(11) ADDITIONAL LOT AREA:
• An additional lot area of 1,000 square feet in areas served by public
water and sanitary sewers, or an additionallot area of 2,000 square
(59)
Revised: September 13, 1968.
SCHEDULE "B" TEXT (CONT'D)
feet in areas served by public water only, or in areas served by
no public water or sanitary sewers, shall be provided for each
guest room in excess of 4 guest rooms.
(12) INTERIOR SIDE YARD:
Where the interior side lot line abuts a Residential Zone the
minimum interior side yard width shall be 20 feet.
(13) PROPERTY ABUTTING RESIDENTIAL ZONE:
Where the interior side or rear lot line abuts a Residential
Zone planting strips shall be provided in accordance with the
requirements for planting strips set out in Section 6(15) hereof.
(14) PARKING, ACCESSORY BUILDINGS, ETC.:
In accordance with the provisions of Section 6 hereof.
•
•
( 60)
Revised: September 13, 1968.
SCHEDULE "A"
PROVISIONS FOR RESIDENTIAL USE S
AI TOWN OF KINCARDINE
OLUMN
LIN 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22
ZONES OR MINIMUM MINIMUM MIN. MAXIMUM MINIMUM MINIMUM MINIMUM MAXIMUM ZONE MAXIMUM
RESIDENTIAL SPECIAL LOT AREA (SQ. FT.) LOT FRONTAGE(FT.) MINIMUM YARD DIMENSION(FT.) LOT FLOOR AREA RATIO SETBACK FROM STREET LAND - UNIT IN PROVISIONS NUMBER OF
I TYPES CONDITIONS Pueuc PUBLIC No PUBLIC PueuC PURL. No PORLre oNT ExTERIORINTERIOR REAR DEPTH PUBLIC NO PUBLIC CENTERLINE (FT.) SCAPED GUEST DWELLING
SANITARY W ONLY Y OR SANITARY ONLY SGNITRRY DEPTH MOTH W S IOTN DEPTH ( FT. ) SANITARY SANITARY ARTERIAL COLLECTOR OTHER OPEN ROOM HOUSES
SEWERS SEWERS SEWERS SEWERS SEWERS SEWERS SPACE% AREA PER LOT
SINLE
2 FAMILY IN D ZONES 25Acres 25Acres 25Acres 330 330 330 20 20 ( 1 ) 25 90 0.1 0.1 70 63 53 - 30 720 (10)
I(I)
DETACHED
3 DWELLING IN ALL
HOUSE OTHER 5000 7,500 15,000 50 75 100 20 20 11) 25 90 0.6 0.6 70 63 53 30 850 (10) I
ZONES
4 SEMI- LOTERIOR 3,900 N.A. N.A. 35 N.A. N.A. 20 20 (2) 25 90 0.8 N.A. 70 63 53 30 720 (lo) I
DETACHED
DWELLING
5 HOUSE CORNER 3,900 N.A. N.A. 40 N.A. N.A. 20 20 (2) 25 90 0.8 N.A. 70 63 53 30 720 (10) 1
DUPLE X
6 DWELLING 5,600 N.A. N.A. 50 N.A. N.A. 20 20 (3) 25 90 0.8 N.A. 70 63 53 30 700 (10) I
HOUSE
TRIPLEX
7
DWELLING 7,500 N.A. N.A. 60 N.A. N.A. 20 20 (4) 25 100 1.0 N.A. 70 63 53 30 700 (10) I
HOUSE
SEMI -
8 DUPLEX 4,800 N.A. N.A. 40 N.A. N.A. 20 20 12 25 110 1.0 N.A. 70 63 53 30 700 (10) I
DWELLING
HOUSE
QUADRA-
9 PLEX 9,600 N.A. N.A. 80 N.A. N.A. 20 20 (5) (5) N.A. 1.0 N.A. 70 63 53 30 700 (10) 1
DWELLING
HOUSE
CONVERTED
10 DWELLING 5,000 N.A. N.A. 40 N.A. N.A. 20(6) 20(6) (6) 25(6) N.A. 1.0 N.A. 70 63 53 30 500 (10) I
HOUSE
II BOARDING INTERIOR 5000 N.A. N.A. 40 N.A. N.A. 20(7) 20(7) (7) 25(7) 110 1.0 N.A. 70 63 53 30 200 (10)
OR LOT
LODGING
12 HOUSE CORNER 6,000 N.A. N.A. 40 N.A. N.A. 2017) 20(7) (7) 25 (7) 110 1.0 N.A. 70 63 53 30 200 (10) 1
ROW
13 DWELLING 18) N.A. N.A. 18 N.A. N.A. 20 20 (8) (81 N.A. 1.0 N.A. 70 63 53 30 700 (10) N.A.
HOUSE
APARTMENT
OR
MAISONETTE the the
DWELLING greater greater
14 HOUSE OR (9) N.A. N.A. 110(9) N.A. N.A. H ° ,z
of (9) (9) N.A. 1 .5 N.A. 70 63 53 35 (9) (10) 1
DWELLING
UNIT IN NON- Or or
RESIDENTIAL 20 20
BUILDINGS
FOOT NOTES LEGEND
(11 SEE SPECIAL PROVISIONS IN SECTION 7 (1) N.A. NOT APPLICABLE
(2) " U " " " 7 (2) H BUILDING HEIGHT
(3) " " " " .. 7 (3)
(4) 7 (4)
I. (5) 7 (6)
(6) 7 (7)
(7) " 7 (8)
(8) R 7 (9)
(9) ,, " U R R 7 (10)
REVIGEO. usEPTIys,, (10) PARKING, ACCESSORY BUILDING ETC.
RM. °. 13 AUG 1968 IN ACCORDANCE WITH THE PROVISIONS OF
OWG 942 -2A SECTION 6 HEREOF
SCHEDULE "8"
PROVISIONS FOR NON- RESIDENTIAL USES
TOWN OF KINCARDINE
OLUMN
1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20
LINE
MINIMUM MINIMUM MIN. MAXIMUM MINIMUM MINIMUM
ZONES TYPE LOT AREA (SO.FT.) LOT FRONTAGE (FT.) MINIMUM YARD DIMENSION (FT.) LOT FLOOR AREA RATIO SETBACK FROM STREET LANDSCAPED OTHER ZONE
1 OF USE w Ueuc P No PUBLIC PpDLIC a BL1c NOPUDLIC FRONT E %TE TEWOR RIOR IN REAR DEPTH PUBLIC NO PUBLIC CENTERLINE (FT.) OPEN PROVISIONS
SANITARY
ATfa B ONLY ATER WA QBR RY SAN ONLY B m WATER A NITARY OR TFR DEPTH W SIDE IDTH DE DTH DEPTH (FT.) SANITARY SANITARY
ARTERIAL COLLECTOR OTHER SPACE %
SA
SEWERS SEWERS SEWERS SEWERS SEWERS SEWERS
2 OS ALL N.A. N.A. N.A. N.A. N.A. N.A. 20 20 25 25 N.A. 1.8 1.8 70 63 53 30 (14)
3 RI ALL N.A. N.A. N.A. N.A. N.A. N.A. 20 20 25 25 N.A. 0.6 N.A. 70 63 53 30 (14)
4 R2 ALL N.A. N.A. N.A. N.A. N.A. N.A. 20 20 25 25 N.A. 0.8 N.A. 70 63 53 30 (14)
AUTOMOBILE
SERVICE
5 CI STATION, N.A. N.A. N.A. 125 N.A. N.A. 50 50 20 25 125 0.6 N.A. 100 93 83 5 (8)(10)(14)
PUBLIC
GARAGE
6 CI HOTELMOTEL 7,50015,000 30,C00 N.A. N.A. N.A. 20 20 10 20 N.A. 1.6 N.A. 70 63 53 10 (8)(9)(14)
(II) (II) (II) (12)(13)
7 CI OTHERUSES N.A. N.A N.A N.A. N.A. N.A. 20 20 (7) 25 N.A. 1.6 N.A. 70 63 53 10 (8)(9)U4)
AUTOMOBILE
8 C2 STATION, N.A. N.A. N.A. 125 N.A. N.A. 50 50 20 25 125 0.4 N.A. 100 93 83 5 (8)(101(14)
PUBLIC
• GARAGE
9 C2 HOTEL,MOTEL 7,500 15 00030130C N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A 2.0 N.A. N.A. N.A. N.A. N.A. (8) (9) (14)
(11) lR) (11)
10. C2 OTHER USES N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. 2.0 N.A. N.A. N.A. N.A N.A. (8)(9)(14)
11 MI ALL 20,000 N.A. N.A. N.A. N.A. N.A. 30 30 10 25 N.A. 2.4 0.8 80 73 63 10 (8)(3) (I4)
(61 (2)(5) (2)(5) (1)(4) (11(4) (2) (2) (2)
12 M2 ALL 20,OC N.A. N.A. N.A. N.A. N.A. 30 30 10 25 N.A. 2.4 0.8 80 73 63 10 (8(131)14)
(6) (2)(5) (2)(5) (I)14) (1)(4) (2) (2) (2)
13 F ALL N.A. N.A. N.A. N.A. N.A. N.A. 20 20 25 25 N.A. 04 0.4 70 63 53 N. A. (14)
14 D ALL N.A. N.A. N.A. N.A. N.A. N.A. 20 20 25 25 N.A. 04 0.4 70 63 53 N.A. (14)
FOOTNOTES LEGEND
(I) TO (14) SEE SCHEDULE "8" TEXT N.A. NOT APPLICABLE
•
REVISED. 13 SEPT. 1968
0 SCIDULE .xCxx 0
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BASE FEATURES ZONE MAP LEGEND
BOUNDARY OF
—.. THE TOWN OF KINCARDINE
i ZONE BOUNDARY •
PUBLIC ELEMENTARY SCHOOL 111111)
IGG
PUBLIC SECONDARY SCHOOL RI ZONE SOURCES OF INFORMATION
DESCRIPTION DATE
t nx, rxc,uexcx
CHURCH BASE MAP. REGISTERED PLANS AUG 1964
ADDITIONAL REGISTERED PLAN JUN 1968
C MICIEEDI ARTERIAL ROAD •q , p, ax g ,00 ,,, •c, uoo
CEMETERY
MUNICIPAL PLANNING CONSULTANTS CO. LTO.
REVISED:SEPT 13,1968 TOWN PLANNERS PROFESSIONAL ENGINEERS
DWG. NO. 942 —Z —c 1 1 I RAILROAD ,j.... ... o C OLLECTOR ROAD
64 ST CLgIR AVENUE EAST TORONTO
•
P 9940 -69
DECISION OF THE BOARD DATED THE 25th of March /70 R 116769
R 116$ -69
R 1169 -69
The Ontario Municipal Board
•
I THE MATTER OF ction 30 0
The Planning Act,, t R.S.O. 1960,
o. 296),
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Kincardine for approval of
its Restricted Area By-law 2050
passed the 22nd day of November,
1968
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Kincardine for approval of
its Restricted Area By -law 2062
passed the 7th day of February,
1969
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Kincardine for approval of
its Restricted Area By -law 2076
passed the 8th day of May, 1969
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Kincardine for approval of
its Restricted Area By -law 2091
passed the 5th day of September,
1969
COUNSEL:
N. A. Shepherd -for Town of Kincardine
E. D. Bell, Q.C. -for Hugh Gale, Andrew Malcolm
Furniture Company Limited and
Andrew Malcolm
R. C. Sills -for Glen Geddes
DECISION OF THE BOARD DELIVERED BY B.E.SMITH
These By -laws represent the first regulatory use of lands
• within the municipality. Prior thereto the town had passed a By -law
which only pertained to lot sizes and lot areas and has since been
repealed.
The Town of Kincardine is a picturesque community located
on the shares of Lake Huron approximately 50 miles south -west of Owen
Sound. The Penetangore River which flows into Lake Huron divides this
urban centre approximately in half with its two branches, the north
and south branch of the, river, running through the northern and southern
sectors of the town respectively.
There was no dispute concerning the general need for a
zoning By -law to regulate the use of the lands within the municipality
and it is not doublted that generally speaking the restrictions imposed
are in the best interests of the community as a whole. The general
• zoning By -law No. 2050 divides the zone categories into two residential
zones, two commercial zones, two industrial zones, an open -space zone,
a flood zone and a development zone. The official plan for the
municipality was approved by the Minister on May 10th,196$, and in
the evidence of one, William Ferguson, the Planning Consultant who
prepared both the official plan and the general zoning Bylaw, the
proposed zoning was designed to implement the official plan and
additionally to recognize existing land uses as far as possible. In
view of the number of properties affected by the By -law, there were
relatively few objections presented and these objections are hereafter
considered as follows:
(1) The Town Council dealt with a number of objections raised
to the By -law and principally those of Andrew Malcolm Furniture
Company Limited by passing an amending By -law No. 20$6 which was
designed to satisfy these needs. It was agreed by counsel present
at the hearing that it would be sensible to defer consideration of
- 2
the lands affected by the amending By -law until it had been duly
processed. Accordingly, the Board will reserve its decision on all
• the lands to which By -law No. 2086 applies including the west thirty
feet of Lots 2 and 3, Plan 133, on the west side of Victoria Street,
(2) Dr. Gale owns six acres of land on thercrth side of Durham
Street, east of the north branch of the Penetangore River and these
lands are partly zoned Flood and Development. The concern of the
owner is that with a Development zone, a minimal lot size of 25 acres
is required. However, it was pointed out during the hearing that
Section 6 subsection (12) provides for the use of a substandard lot
which existed prior to the passing of the By -law and this provision
would seem to satisfy this objection. The By -law therefore, will be
approved as it relates to these lands, subject to the Board's decision
with respect to Flood zone lands as set out in (4) below.
(3) Submissions were made on behalf of one Morris Geddes, who
• owns a portion of four lots located at the north -east corner of
Victoria Street and Kincardine Street. The lands are zoned Residential
and it was sugge$ted that a commercial use would be more appropriate
in view of the existence of a Dairy Queen business located adjacent
to these lands. In the opinion of the planning director, there are
sufficient commercial lands available in the central core of the
town where it is desired to encourage this form of development. The
Board is nit satisfied that there is sufficient evidence which would
indicate that the zoning as proposed is incorrect and accordingly,
the By -law as it relates to these lands will be approved.
(4) In view of the disposition proposed by the Board for the
Flood zone, the objections submitted by three individuals relating
• to their own lands may be considered jointly. The reference is to
the lands owned by Morris Geddes at the north -east corner of Queen
Street and Wellington Avenue, the lands of Eldon Stewart at 456
Russell Street and the lands owned by Lynn Farrell situated at
- 3 -
Broadway East and the unopened Hamlin Street. Their objections all
• relate to the Flood Zone designation on their lands and they indicated
that in their experience no such flooding had occurred and it was
their opinion that such a probability was extremely remote. The
planning consultant indicidad that the Flood Zone was delineated by
referring to contour and topographic maps which were available but
that no actual field inspection was carried out. On this basis, the
Flood Zone was determined but it was the intention of the planners
to have a Flood Zone accurately designated as a result of an actual
Flood Plain Survey to be conducted at some future date.
The designation of a Flood Zone is a serious matter. On
the one hand it places serious limitations on building and the future
development of a property, but on the other hand, the risk to life
and the loss of property must be carefully considered as well. For
III these reasons, the Board will give temporary approval to the By -law
as it relates to all of the lands designated as Flood Zone on
Schedule "C" of the By -law for a period of 18 months from the date
of this decision. This will give the municipality sufficient time
to conduct the necessary studies and prepare any recommendations
resulting therefrom.
Except as hereinbefore noted, By -law No. 2050 is approved.
Dealing next with the three amending By -laws which came before the
Board for consideration at this time, the Board comments as follows.
By -law No. 2062 relates to the rezoning of a parcel of
land south of Kincardine Avenue from residential R 1 to Residential R 2
to permit a row - housing development which has been proposed and
submitted for consideration. The planning evidence indicated that
there was a need for such a use and it would represent a reasonable
use of the subject lands. There were no objections filed with the
municipality within the time required for such purpose, but the
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Director of the Boardcf Education, one John Bowers, stated that in
view of the recent development at nearby Douglas point there has
• been an increase in the demand for school property. An existing
school is situated adjacent to the subject side and he concludes
that the need for additional school lands should be resolved before
considering the rezoning application.
It is unfortunate that the School Board and the municipality
have not been able to meet to discuss the demands of educational
facilities in this area, although a notice of the By -law was sent
to the School Board. It is further noted that notwithstanding the
recent increase in school needs in this area, the School Board has
not authorized the Director to present an objection in this matter
nor have they indicated their objection in any other manner. Therefore
By -law No, 2062 is approved,
• By -law No. 2076 amends the general zoning By -law to rezone
a parcel of land at the south-west corner of Mechanics Street and
Huron Terrace from R 1 to R 2 Residential to permit the erection of
two 1.2 -unit apartment buildings. There were no objections to the
approval of the By -law and accordingly when the By -law is amended to
add the words "as amended" following the words "That By -law 2050"
which appear in clause (1) of the said By -law No, 2076, the Board
will approve of the application without further notice or hearing.
It was agreed by counsel for the municipality that
consideration of By -law No. 2091 should be reserved until Official
Plan Amendment No, 1 is approved by the Minister and until By-law
No. 2086 has been also considered and dealt with. Accordingly, the
decision on this By -law is reserved until such time as the Board
is advised that Amendment No, 1 has been approved by the Minister
and also advised of the disposition of By -law No, 2086,
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In summary therefore, By -law No. 2050 is approved except
• as otherwise noted; By -law No. 2062 is approved; By -law No. 2076
when amended will be approved without further notice or hearing and
the decision on By -law No. 2091 is reserved.
DATED at Toronto this 25th day of March,1970.
F. G. Blake
Member
B. E. Smith,
Member
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