ZONING BY-LAW NO. 1 O/96 OF THE CORPORATIONOF THE TOWN OF PORT HOPE

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1 ZNING BY-LAW N. 1 /96 F THE CRPRATINF THE TWN F PRT HPE BEING A BY-LAWUNDER THE PRVISINSF SECTIN 34 F THE PLANNING ACT, R.S.., 1990, c.p.13, AS AMENDED, T AMEND ZNING BY-LAW N. 2857/73, AS AMENDED, F THE CRPRATIN F THE TWN F PRT HPE, WITH RESPECTT CERTAIN LANDS LCATED N THE EAST SIDE F FX RAD AND TRNT RAD, NRTH F JCELYN STREET,MRE PARTICULARLYDESCRIBEDAS PART F LT 1, REGISTEREDPLAN N. 13, FRMERLYTWNSHIP F HPE, FRMERLYCUNTY F DURHAM, MRE SPECIFICALLY KNWN AS PART 1, PLAN 9R-2290, AND PART 1, PLAN 9R-2780, IN THE TWN F PRT HPE, IN THE CUNTY F NRTHUMBERLAND. WHEREASHope Township Zoning By-law No. 3035, as amended, was passed under authority of the predecessor to Section 34 of the Planning Act, R.S , c.p.13, as amended; Q AND WHEREAS under section 3.(1) (a) of an rder in Council dated April 4, 1990 the zoning of the subject lands as of April 6, 1990 will remain in force until repealed by The Corporation of the Town of Port Hope; AND WHEREAS the By-law hereinafter set out will conform with the general intent of fficial Plan Amendment No. 37, approved by the Council of The Corporation of the Town of Port Hope on September 19, 1994; AND WHEREAS there has been no other amendment purposed to the said fficial Plan by the Council of The Corporation of the Town of Port Hope, with which the Bylaw hereinafter set out is in contravention; 0 AND WHEREAS the Council of The Corporation of the Town of Port Hope conducted a public meeting, in regard to this proposed commercial development, as required by Section 34(12) of the Planning Act. R.S , c.p.13, as amended, on February 19, 1996; AND WHEREASthe Councilof The Corporationof the Townof Port Hopedeems it advisableto amendzoningby-lawno.2857/73,asotherwiseamended,with respect to the above described lands, and underthe provisionsof the PlanningAct hasthe authorityto do so; NW THEREFREthe Council of The Corporation of the Town of Port Hope ENACTSas follows:../2

2 -2-1. THAT Plate "A" entitled "ZNE MAP" of Zoning By-law No. 2857/73, as certain lands as set out in Schedule "A" attached, which lands are generally otherwise located on amended, the east side is hereby of Fox amended Road and by Toronto adding zoning Road, north designations of Jocelyn on Street, more particularly described as Part of Lot 1, Registered Plan No. 13, formerly Township of Hope, formerly County of Durham, more specifically known as Part 1, Plan 9R-2290, and Part 1, Plan 9R-2780, in the Town of Port Hope, in the County of Northumberland, to the Shopping Centre Exception No. 6 (C4-6) Zone for the extreme northeast corner of this parcel of land measuring 59.0 metres wide by 91.5 metres deep more or less; to the Shopping Centre Exception No. 5 (C4-5) Zone for the extreme northwest corner of this parcel of land, measuring 59.0 metres wide by metres deep in size more or less; and, to the Shopping Centre Exception No. 5 (C4-5) Zone for the remainder of this parcel of land, which special Zone classifications are hereinafter defined, all in accordance with Schedule "A" attached hereto and by this reference forming part of this By-law. 2. THAT By-law 2857/73, as amended, shall apply in its entirety to the defined area delineated on Schedule "A" hereto. 3. THAT Zoning By-law 3035 enacted by the Council of The Corporation of the Township of Hope on ctober 14, 1986, as amended to April 5, 1990 is hereby repealed in its entirety for the defined area delineated on Schedule "A" hereto. 4. THAT Section 11, entitled "EXCEPTINS"of Zoning By-law No. 2857/73, as otherwise amended, is hereby amended by adding the following sub-section to the end thereof: "SHPPING CENTRE EXCEPTINN. 5 (C4-5) ZNE" FX RAD/TRNTRAD Notwithstandingany provisionsinzoningby-law2857/73,asamended,within the Shopping Centre Exception No. 5 Zone (C4-5) Zone, as shown on by-law, following apply Schedule"A"to this the shall to those lands: a) PermittedUses i. All uses permitted in the Shopping Centre (C4) Zone with the exception of a motor vehicle gas bar and/or motor vehicle service station. ii. A builders supply and lumber establishment. iii. A nursery and garden sales establishment. iv. A light equipment sales and rental establishment. v. A children's care centre. vi. Commercial recreational uses. vii. A financial establishment. viii Liquor license premises. ix. A motor vehicle repair shop. x. A drive-in bank (banking machine) provided that it is integrated into a permitted use. xi. A property dwelling and unit, whose if occupied principal duties by a person are one employed or more of solely the following: on the caretaker, watchman, security guard or other similar function.../3

3 -3- b) Regulations: 1) NotwithstandingSections 9.16 c. i. and ii. of By-law 2857/73, as amended, the maximum width of any joint ingress and egress drivewayramp measuredalong the street line shall be 10.8 metres. 2) Notwithstanding Section 9.16 j of By-law 2857/73, as amended, for any lot zoned C4-5 or C4-6, the required parking spaces may be provided on an abutting lot, provided that the abutting lot is zoned either C1-12, C4-5 or C4-6 and the minimum required parking spaces for the subject lot and all abutting lots is provided. 3) Notwithstanding Section 9.16 a of By-law 2857/73, as amended, and Section b) 4 iv. below, for any lot zoned C4-5, the floor area of the mezzanine and stand alone storage buildings and facilities accessory to a permitted use in existence at the time of passing of this By-law shall not be included when calculating the minimum number of required parking spaces. If at a future date, the builders supply yard and lumber establishment ceases to operate, then this exemption becomes null and void. 4) That the C4 Zone Regulations of By-law 2857/73, as amended, shall apply except where in conflict with the following, in which case the following shall apply: i. Maximum gross leasable 4,400 m2, excluding the floor area mezzanine and stand alone storage buildings and facilities accessory to a permitted use in existence at the time of passing of this By-law. ii. Minimum rear yard setback 7.6 m., except where the C4-5 Zone abuts the C4-6 Zone, then a 6.7 m. setback is required. iii. Minimuminteriorside yard setback 6.0 m., except wherea wall building along shares lot alinecommon with a building in eitherthe C1-12or the C4-5 Zone, or abuts a registeredeasementfor motor vehicles,then no setbackwill be required. c) Definitions iv. Minimumparking requirements 1 parking space/20.5 m2 gross leasablefloor area. v. Maximum lot coverage of all 20% accessory buildings & structures For the purpose of this Section,the following definitionsshallapply: "A children'scare centre"shallmeana facilityor establishmen to carefor the children of shoppers during the hours of operation of the shopping centre.../4

4 -4- "Commercialrecreationaluses" shall mean a building, or part thereof, structure or activitypertainingto operationsfor gain for the purposesof squash,tennis,racquetor privateclubs, physicalfitness handballcourts,bowling centres but does include alleys,gymnasiums, a flea market "A financial establishment" shall mean the use of a building, or part thereof which is to be used to provide for financial services, such as a bank, trust company, credit union, or similar banking services including automated teller machines and the selling of financial investments "A motor vehicle repair shop" shall mean a building or structure, or part thereof where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust system, repair of the electric system, transmission repair, brake repair, radiator repair, tire repair and installation, rust-proofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use but does not include a towing service, a motor vehicle service station or a motor vehicle gasoline bar. 5. THAT Section 11, entitled "EXCEPTINS"of Zoning By-law No. 2857/73, as otherwise amended, is hereby amended by adding the following sub-section to the end thereof: "SHPPING CENTRE EXCEPTIN N. 6 (C4-6) ZNE" FX RAD/TRNTRAD Notwithstanding any provisions in Zoning By-law 2857/73, as amended, within the Shopping Centre Exception No. 6 Zone (C4-6)Zone, as shown on Schedule "A" to this by-law, the following shall apply to those lands: a) PermittedUses i. Mini-warehouse & public storage. ii. A light equipment sales and rental establishment iii. A sample showroom. iv. Commercial recreational uses v. Aproperty dwellingand unit, whose if occupied principal by aduties personaremployed one or solely more on of the following: caretaker, watchman, security guard or other similar function. b) Regulations: 1) Section 9.7 of By-law 2857/73, as amended, shall not apply. 2) The "front lot line" shall mean the lot line along the west side of the subject property. 3) That the C4 Zone Regulations of By-law 2857/73, as amended, shall apply except where in conflict with the following, in which case the following shall apply: i. Minimumlot frontage 60 m ii. Minimumyard dimensions(setbacks) all sides 7 5 m../5

5 -5- iii. Maximumgross leasablefloor area 1,125m2 iv. for Minimumparking a mini-warehouse& requirements public storage 1gross parkingspace/100m2 leasable floor area c) Definitions For the purpose of this Section,the following definitionsshall apply: "Mini-warehouse & public storage" shall mean a building, or buildings wherein general merchandise, furniture, and household goods are stored in separately occupied, secured storage areas or lockers which are generally accessible by means of individual doors. Employees associated with such use shall be limited to a facility manager and/or security personnel. "A sample showroom" shall mean a place where products are displayed. "Commercial recreational uses" shall mean a building, or part thereof, structure or activity pertaining to operations for gain for the purposes of squash, tennis, racquet or handball courts, bowling alleys, gymnasiums, private clubs, physical fitness centres but does include a flea market. 6. THAT Zoning By-law No. 2857/73, as otherwise amended, is hereby amended to give effect to the foregoing, but Zoning By-law No. 2857/73, as otherwise amended, shall in all respects remain in force and effect save as same may be otherwise amended or hereinafter dealt with. 7. THAT this By-law shall come into force on the date it is passed by the Council of The Corporation of the Town of Port Hope, subject to the applicable provisions of the Planning Act, R.S , c.p.13, as THIS BY-LAW READ A FIRST, SECND AND THIRD TIME and finally passed in pen Council this 11th day of March, CLERK (Seal)

6 @ " Map Not to Scale I T..0C4-5- ShoppingCentreExceptionNo. 5 Zone _T_To C4-6- ShoppingCentreExceptionNo. 6 Zone SCHEDULE"A"T BY-LAW10/96 READa FIRST,SECNDand THIRDtime and The Corporationof the TWN F PRT HPE Box 117 finallypassed_ I RCH, Queen Street MAYR: k.j L1A 3V9 n _ CLERK" / I _-- Port Hope, ntario

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