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HomeMy WebLinkAboutTIV 77 001 Use of Land, bldg ~-6:~. !, , \ . .' ... ~~._, \. EXPLANATORY NOTE - BY-LAW NO. '1 "H The purpose of this Zoning By-law is to provide for the regulation of the use of land, buildings and struct~res within Part of Lot 85, Registered Plan 210, Village of Tiverton, which is the subject of draft approved plan of subdivision Ministry of Housing File No. 41T-23672. This plan creates 35 single-family dwelling lots. This Zoning By-law has been passed by the Council of the Village of Tiverton for the purpose of complying with one of the conditions of draft subdivision approval. The subject property is presently vacant except for one single- family dwelling. It is bordered on the east by residential development, on the west by the village limits and a mobile home park, situated in Kincardine Township, and on the north by residential development. The lands to the south are in agricultural use. , . . : THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 77-1 A By-law pursuant to Section 35 of The Planning Act, R.S.O. 1970 Ch. 349, as amended, to regulate the use of land, buildings and structures on part of Lot 85, Registered Plan 210. The Municipal Council of the Village of Tiverton ENACTS as follows: 1. This By-law applies to the lands shown outlined on Schedule "A" attached hereto, which forms part of this By-law. 2. No land, building or other structure shall be used and no building or structure shall be erected for any purpose, except as set out in this By-law. 3. This'By-law shall be administered by the Chief Building Official or such other person as the Council designates and no permit for the use of land, the erection or use of any building or structure, or approval of an applica- tion for any municipal licence within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be in violation of any provisions of this By-law. 4. " In this, By-law, unless the context requires otherwise: (1) "ACCESSORY", when used to describe a use, building or structure means a use, a building or a structure that is normally incidental, subordinate and exclu- sively devoted to a main use, building or structure and located on the same lot therewith. (2) II 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. (3) "BUILDING" means any structure and the components thereof used or intended for supporting or sheltering any use or occupancy and includes the following: mobile homes; signs; any platform, staging, gallery, stadium, grandstand, bleacher or any other such structure for the use or accommodation of the public or for the gathering or assemblage of people; and any tank, bin or bunker. (4) "DWELLING, SINGLE-FAMILY" means a completely detached dwelling containing only one family unit and occupied by not more than one family, to which entrance is gained only by a private entrance outside the building, and does not include a mobile home or trailer. ! " , ~ . 2 :.. (5) "ERECT", when used in this 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. (6) "FAMILY" means one human being or two or more human beings related by blood 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 or not more than two roomers or boarders. (7) IIFLOOR AREA" means total floor area, as defined herein, exclusive, however, of (1) any part of the building or structure below finished grade which is used for heating equipment, the storage or parking of motor vehicles, locker storage and laundry facilities, children's play areas and other accessory uses, or used as living quarters by the caretaker, watchman or other supervisor of the building or structure, and (2) enclosed malls when used as a common area,between stores. (8) "HEIGHT" means ,the vertical distance of a building measured between the established grade and; - the highest point of the roof surface of a flat roof; the deckline of a mansard roof; the mean level between the eaves and the ridge of a gabled, hip, gambrel, or other type of pitched roof. (9) "HOUSEHOLD OCCUPATION II means an occupatîon for gain or support conducted entirely within a dwelling by the occupant of said dwelling. (10) "LOT" means any parcel of land described in a registered deed or shown in a registered plan of subdivision, including any of its parts which are subject to right-of-easement. (11) "LOT AREA" is the total horizontal area within the limits of a lot. 3 ~I (12) "LOT, CORNER" means a lot situated at the inter- section of, or abutting upon, two or more public roads, provided that the angle of intersection on such streets is not more than 135 degrees. (13) "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 25 feet from the front lot line. "LOT, INTERIOR" means a lot other than a corner lot. (14) "MAIN BUILDING" means the building designed or used for the principal use of the lot. (l5) IIMOBILE HOME" means a prefabricated building designed for year-round occupancy by one family and designed to be towed by a motor vehicle, notwithstanding that such building may be supported on a permanent founda- tion,and capable of being used permanently for living, sleeping or eating accommodation, in which sanitary conveniences are provided. (l6) "PARK, PUBLIC" means a recreational area owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario. (l7) "PARKING SPACE" means an area of not less than two hundred square feet, measuring ten feet ClO ft.) by twenty feet (20 ft.) exclusive of driveways or aisles, for the temporary parking or storage of motor vehicles. (l8) "SETBACK" means the distance between any lot line abutting a public road or railway and the nearest part of any main wall of any main building or structure. (l9) "STRUCTURE" means anything that is erected, built or constructed or parts joined together or any such erection fixed to or supported by the soil and/or any other structure. But for the purposes of this By-law, a fence not exceeding six feet (6 ft.) in height shall not be deemed to be a structure and for the purposes of setbacks and/or yards required in this By-law, a sign shall not be deemed to be a structure. (20) "TRAILER" means any vehicle so constructed as to be suitable for attachment to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and designed for seasonal or temporary accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. . (2l) "USE" means the purpose for which a lot or building or a structure or any combination thereof is designed, arranged, occupied or maintained. ·' ..... .. / .'. "";-... . 4 (22) "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 the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in this by-law. (23) "YARD, FRONT" means a yard extending across the full width of the lot between the front line of the lot and the nearest part of any building or structure on the lot, or the nearest open stofage 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. (24) "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. (25) "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 struc- ture 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. (26) "YARD, SIDE, EXTERIOR" means a side yard immediately adjoining a public street. (27) "YARD, SIDE, INTERIOR" means a side yard other than an exterior side yard. 5. RESIDENTIAL ZONE REGULATIONS 5.l Application The provisions of Section 5 apply to the area shown as "Residential Zone" on Schedule "A" of this By-law. 5.2 Permitted Uses One single-family dwelling per lot, containing a full basement Accessory Uses Household Occupation Temporary Construction 5.3 Prohibited Uses Mobile Homes, trailers, campers and recreational vehicles. 5.4 Lot Area 13,500 square feet minimum 5.5 Lot Frontage 80 ft. minimum 5.6 Lot Coverage 25% maximum , ' .' . '" 5 5.7 Setback 25 feet minimum 5.8 Side Yards 6 feet on both sides where there is an attached private garage 6 feet on one side and 10 feet on the other side where there is no attached private garage In the case of a corner lot the exterior side yard shall be not less than 25 feet and the interior side yard not less than 6 feet where there is an attached private garage and 10 feet where there is no attached private garage. 5.9 Rear Yard 35 feet minimum 5.l0 Height a) 2~,storey maximum for the main building, and not exceeding 28 feet in height b) l2 feet maximum for accessory buildings or structures 5.ll Floor Area- l,OOO sq. ft. minimum 5.l2 Foundation Dwellings shall have a full basement and shall not be erected on a post or pier type of foundation. 5.l3 Parking 1 space per dwelling minimum 5.l4 Accessory Uses Accessory buildings, uses, or structures are permitted, subject to the provisions of this By-law, in any yard in which said building, use, or structure is located and provided that no accessory building, use or structure: - is used for human habitation or household occupation; - is built closer to the front lot line or side lot line than the .minimum distance required by this By-law for the main building on the lot; - is located in the front yard or the exterior side yard, in the case of a corner lot; - is built closer to the street than the main building is to that street; - exceeds five percent coverage of the total lot area; - is built within six feet (6 ft.) of the main building; - is considered an accessory building or structure if . attached to the main building in any way; - is considered an accessory building or structure if located completely underground. ....". . . 6 5.15 Household Occupations Where a household occupation is established, the use shall be maintained in accordance with the following provisions: - The occupation or profession shall be carried on within the dwelling only, by a member of the family residing on the premises. - Not more than one assistant may be employed by the family member performing the occupation or profession. - Not more than 25% of the total floor area of the dwelling unit may be devoted to the use. - Any plate or sign shall be attached and parallel to the main wall of the building and shall not exceed one square foot in area and no flashing sign shall be used. - One off-street parking space shall be provided for each two hUndred square feet of floor area devoted to the use. - The residential character of the dwelling shall not be Changed. - Such use shall not interfere with television or radio reception of others in adjacent buildings or structures. - The use shall not create or become a nuisance because of noise, fumes, dust, odours or traffic or otherwise interfere with the enjoyment of the residential amenities of the neighbourhood~' - There shall be no outside storage or display of materials, containers or finished products or mechanical equipment. 5.l6 Any lot within the lands shown in Schedule "A" hereto which is described as the whole of a lot on a registered plan of subdivision shall be deemed to comply with the area and frontage requirements of this by-law. 6. OPEN SPACE ZONE REGULATIONS 6.l Application The provisions of. Section 6 apply to the area shown as "Open Space Zone" on Schedule "A" of this By-law. 6.2 Permitted Uses Recreational Uses Public Park or Playground A building or structure accessory to the permitted use. 6.3 Setback 25 feet minimum 6.4 Lot Coverage l5% maximum ...<.....,,-'!' ii, . , , 7 7. PUBLIC USES The permitted use prov~s~ons of this By-law shall not apply to the use of any land or to the erection or use Qf any building or structure for the purpose of public service by the Municipality or any telephone, gas company or utility commission, provided that: - The regulations of this By-law are complied with. - No gOQds, material or equipment are stored in the open. - Any building erected under the authority of this paragraph is designed and maintained in general harmony with the permitted uses. - Any building erected under the authority of this para- graph is not to be used for the purpose of an office. - Any 'lot used under the authority of this paragraph shall be landscaped in general harmony with the surrounding properties. 8. TEMPORARY CONSTRUCTION USES Notwithstanding any other provision of this By-law, uses such as a construction camp or other such temporary camp, a tool shed, scaffold sign or other building or structure incidental to the construction shall be permitted provided that: - Any sign does not exceed 30 square feet in area. - Such uses, buildings or structures are used only as long as they are necessary for work in progress which has been neither finished nor abandoned. 9. REMEDIES Where any building or structure is or is proposed to be erected, altered, reconstructed, extended or enlarged, or ~y building or structure or part thereof is or is proposed to be used, or any,land is or is proposed to be used, in contravention of the provision of this By-law, the same may be restrained by action at the instance of any ratepayer or of the Council of the Municipality pursuant to the provisions of The Planning Act. 10. Every person that uses any land or erects or uses any building or structure in a manner contrary to any require- ments of this By-law or who violates any provision of this By-law shall upon conviction therefor, forfeit and pay a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each offence. ll. By-law Number 76-15 is hereby repealed. l2. Thls by-law shall come into force upon receiving approval of the Ontario Municipal Board but subject thereto shall take effect from the date of passing hereof. READ A FIRST, SECOND AND DAY OF JANUARY THIRD TIME AND PASSED THIS 25th , A.D. 1977. ----~;~-~¥~:;~~~ _-~.;;::_- ~::_--<.ò_~. '. _ "-._ ..~w_" _. Æ~" ..Z_ ~ . ."/' -: ~- ~~ -.-/- {-.)/- :;¡~;~~ }~] .. ...... . ~ /. :~-:>~~-~- , '-/.¡J~~ ,. "......., -.... .~"'~~ f:: :~_...-' ~~..._--- C ß~-L.J./ Reeve 4~a~ Clerk By-law No. approved by Order Number of The Ontario Municipal Board dated ~".. ...... to .. 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