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HomeMy WebLinkAboutKIN 68 2050 Regulate use of lnd · · . . · · .- -¡q",-:,?:'/,'K-?:'':': 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. ~ " " ;-Þ-__ '-""'/ ~J -....." '"'- ...... ""- --- /-: -=- -- """ :' -= - ~ . ~~ ..;;,;,., ~-- ,~ --~.,," .....r., ........." .", -...-:' ~ - ~::~~ ~~:-': .~~'-' 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 ZONE MAP . TOWN OF KINCARDINE TOWNSHIP _ _ OF KINCARDINE 4 roi Or rah - „€ t:,.. . f.79• • 911 MAMMA POI11111111111111.1M =I MN 0 0 S N4R-INI :" 11:121* 7■1111111111A111 /Pi . . Elrem • IN pi —,.. ;, ...;. .....,—Ei Et, , n �. -- CLOSED B/L • ""'1''11""1 "'111' 11,1I''I�1 "I'll""�'y - . , MECHANICS ■ TAN , p p , I " ": ° ;, r — GG a ��i111111 11111Y� 11"ie1'; [Hu 11 ���_��t A i ...0. -- �� u iu...... ln••• ,4 _ � BROADWAY - III 1111111111 � iiii! 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I E. *itI! i a wl our _� ea : I•i D Mi.1 c� OS � w1=ww � � eir , ' - -� - -- 'll= =N MIME Nam= ME s� �� - I M m �� z my!. �w w � ��.� T :I�71dly 1111111111111 11111111111 I I Id!I:I1 111111111 - u ° -* = = ? Il l : a ? =16 IIIIIIIIIIIIIIIIIII111111111111111111111, ITI U! ■ . l ii '� w ww ■ ■w p111111 _ _ � ww w ill. imim rm.. I '114: �' =MM." CC ww MEW I as = .1111 • =NM Y�r , =mums MN =II= ww • 1 lc XM: 1 14 I s "T-.a x.'aTI A3 s'x .'a, .r..a"s. • ,... oak 6 ' ° M I -, OS ... *, M \ D �� ��. 1 • .�► i _ I/ TOWNSHIP OF I I HURON I 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 - 1. 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, 5 a 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 A