THE TOWN OF SOUTH BRUCE PENINSULA BY-LAW NO

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Raymond Cannon
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1 THE TOWN OF SOUTH BRUCE PENINSULA BY-LAW NO A BY-LAW TO AMEND BY-LAW NO. 1990, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE TOWNSHIP OF AMABEL, NOW IN THE TOWN OF SOUTH BRUCE PENINSULA THE COUNCIL OF THE TOWN OF SOUTH BRUCE PENINSULA, PURSUANT TO SECTION 34 OF THE PLANNING ACT, R.S.O ENACTS AS FOLLOWS: 1) Section Special Provisions for the "Suburban Residential" zone, is hereby deleted and replaced with the following: Occupancy Certificate (seasonal conversion to year round use) Notwithstanding the uses permitted in the R3 zone, a detached dwelling unit may be occupied on a year round basis provided an occupancy certificate is issued in accordance with Section 34 (6) of the Planning Act, R.S.O No occupancy certificate for the conversion of a cottage dwelling to a detached dwelling shall be issued unless the following provisions are met: (i) (ii) (iii) (iv) All buildings and structures must conform to the minimum property maintenance and occupancy standard by-law. The property must front onto a Class 1 Municipal Road. The Sewage disposal system must meet the requirements of the Ontario Building Code Act R.S.O and regulations thereto the satisfaction of the delegated approval authority. The water supply must be of sufficient quantity, of acceptable quality meeting provincial water quality criteria, and secure from contamination to the satisfaction of the Ministry of the Environment or its agent. The lot, buildings and structures must conform to all provisions of this By-law save and except for the lot area which may be reduced to 1000 m 2 (10,764 sq.ft.), and the lot frontage which may be reduced to 15 metres (50 feet). 2) Section 5, Definitions is hereby amended by deleting the reference numbers of the section and re-ordering the definitions in alphabetical order. 3) Section 5, Definitions is hereby amended by adding the following new definitions: "LIVESTOCK HOUSING CAPACITY" means the total maximum number of livestock that can be accommodated in a livestock facility at any one time. "LIVESTOCK FACILITIES" means barns, buildings or structures where animals are housed and shall include beef feedlots and the associated manure storage facilities. "LIVESTOCK UNIT" means the equivalent values for various types of animals and poultry based upon manure production and production cycles. "TILLABLE HECTARES" means the total area of land including pasture that can be worked or cultivated. 4) Section 5, Definitions is hereby amended by replacing the definitions for "Existing","Lane", and "Street" with the following: -EXISTING", unless otherwise indicated, means existing on the date of passing of By-law 1825, being September 3rd, A substandard lot, which does not comply with the lot

2 frontage and/or area requirements of the By-law, may be increased in lot frontage and area and still be considered existing for the purposes of this By-law. "LANE"means a public or private access not more than nine metres (thirty feet) in width which affords a secondary means of access to abutting property. "STREET" means a public highway greater than nine metres (thirty feet) in width which affords the principal means of access to abutting lots but does not include a public lane or a private right-of-way. 5) Section 6.25, Home Occupations is hereby amended by deleting the section and replacing it with the following: HOME OCCUPATION - PROFESSIONAL USES Where listed as a permitted use, Home Occupation - Professional Use may be carried on within a dwelling unit by professional practitioners. Permitted uses include accountants, architects, auditors, engineers, insurance agents, planners, realtors, photographers, hair dressing salons, and other such similar uses provided that: a b The occupation is conducted by a member of the family residing on the premises Not more than twenty-five (25) per cent of the total floor area of the dwelling is devoted to the home occupation, There shall be no advertising other than a plate or facia sign which is not flashing and not larger than 0.2 square metres (2.1 square feet) in area, and attached to the main building, or otherwise located in accordance with an approved municipal sign by-law, There is no outside storage of goods or materials, One off-street parking space is provided for every nineteen square metres (204 square feet) of floor space occupied by the professional use; parking spaces may be in the form of stacked parking spaces, f The residential character of the dwelling is not changed., and HOME OCCUPATION - CONTRACTORS AND T DES PERSONS Where listed as a permitted use, Contractors and Trades Persons may carry out business within a dwelling unit. Permitted uses include electricians, plumbers, carpenters, general building trade contractors, and other such similar businesses provided that: a The occupation is conducted by a member of the family residing on the premises b Not more than twenty-five (25) per cent of the total floor area of the dwelling is devoted to the home occupation Up to one (1) accessory building to the residence may be used for the storage of equipment, vehicles and supplies, provided that not more than fifty (50) percent of the total floor area of the accessory building is devoted to such use. Accessory buildings shall not be used for office, retailing, processing or manufacturing purposes. 2

3 d There shall be no advertising other than a plate or facia sign which is not flashing and not larger than 0.2 square metres (2.1 square feet) in area, and attached to the main building or otherwise located in accordance with an approved municipal sign by- law, o There is no outside storage of goods or materials, including heavy equipment such as excavation machinery, or any vehicles not licensed for the road One off-street parking space is provided for every nineteen square metres (204 square feet) of floor space occupied by the professional use within the residence; and 9 The residential character of the dwelling unit and/or accessory building is not changed. h Home occupation - Contractors and trades persons shall not include the retail sales of building or construction supplies nor automobile, small engine or machinery repair and HOME OCCUPATION - DOMESTIC AND HOUSEHOLD ARTS Where listed as a permitted use, a domestic or household art may be conducted as a home occupation within a dwelling unit. Permitted uses shall be limited to dressmaking, Instruction in music, dancing, arts and crafts to not more than six pupils or students at any one lesson, tailoring, weaving, painting, sculpting, moulding or otherwise making or repairing of garden or household ornaments, articles of clothing, personal effects or toys, similar uses, but shall not include the retailing of goods not produced inside of the residence, provided that: a The occupation is conducted by a member of the family residing on the premises b There is no display of goods or advertising other than a plate or facia sign attached to the main building, which is not larger than 0.2 square metres (2.1 square feet) in area, not flashing or otherwise located in accordance with an approved municipal sign by-law. There is no outside storage of goods or material d Not more than twenty-five (25) per cent of the total floor area of the dwelling unit is devoted to the home occupation. e One off-street parking space is provided for every nineteen square metres (204 square feet) of floor space occupied by the home occupation. f No mechanical equipment is used except that reasonably consistent with the use of a dwelling, and The residential character of the dwelling is not changed HOME OCCUPATION - RURAL USINESS Where listed as a permitted use, a rural business may be conducted as a home occupation within a dwelling, farm building or accessory building and shall be limited to welding, small machinery repair, cabinet making, furniture making or repair, carpentry, trades-person business, sale and service of equestrian equipment provided that: a There is no advertising other than a plate or sign which is not flashing and not larger 3

4 than one square metre (10.8 square feet) in area or otherwise located in accordance with an approved municipal sign by-law. b The occupation is conducted by a member of the family residing on the premises are provided by those residing on the property, except for the employment of one Where the home occupation is located within a dwelling, not more than twenty-five (25) per cent of the total floor area is devoted to such use. d Where the home occupation is located within a accessory building, not more than 100 square metres ( square feet) shall be devoted to such use.. 6) Subsection 8.3.(b)(2), Existing Lots is hereby renumbered to 8.3.(b)(1) 7) Section 8, General Provisions for all Rural Zone is hereby amendment by inserting the following new Section 8.4.: 8.4 Minimum Distance Separation Setbacks For New Non Farm Uses from Agricultural Uses (a) Notwithstanding any other yard or setback provisions of this By-law to the contrary, no residential, institutional, commercial, industrial or recreational use, located on a separate lot and permitted in the Zone in which the lot is situated, shall be erected or altered unless it complies with the Minimum Distance Separation (MDS I) calculated using Schedule B to this By-law. (b) Setbacks for New Livestock Buildings Notwithstanding any other yard or setback provisions of this By-law to the contrary, no livestock facility shall be erected or expanded unless it complies with the Minimum Distance Separation (MDS II) calculated using Schedule C to this By-law. 8) Section 4.4, Violations and Penalties is hereby deleted and replaced with the following: Violations and Penalties 4.4 Every person who contravenes any provision of this By-law is guilty of an offence,if the person is a corporation, every officer or director of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable; a) on the first conviction to a fine of not more than $25,000; and b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted Where a corporation is convicted under subsection 4.4, the maximum penalty that may be imposed is, a) on a first conviction a fine of not more that $50,000; and b) on subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted 9) Section 6.4.2, Non-Complying Uses paragraph (a) is hereby deleted and replaced with the following: ( a) may be changed, expanded or altered provided the change, expansion or alteration does riot further contravene the requirements of this By-law; In cases where a yard set back contravention exists, lateral extensions to exterior walls of buildings or 4

5 structures shall comply with the yard set back requirements of the zone in which the building is located; 10) By-law 1990 is hereby amended by added new Schedules Band C (Minimum Distance Separation Calculations) said Schedules are attached to and form part of this by-law. 17) This By-law shall come into force and effect on the final passing thereof by the Council of the Town of South Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, as amended. READ A FIRST & SECOND TIME THIS 23rd DAY OF February, MOVED BY SECONDED BY READ A THIRD T & FINALLY PASSED THIS 23rd DAY OF February MOVED BY SECONDED BY 5

TOWN OF MARKHAM ONTARIO

TOWN OF MARKHAM ONTARIO SITE PLAN CONTROL BY-LAW NO.262-94 This By-law is printed under and by authority of the Council of the Town of Markham (Consolidated for convenience only to June, 2009) (Schedule/Attachment