CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 14/2002

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1 CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 14/2002 BEING A BY-LAW UNDER THE PROVISIONS OF SECTION 34 OF THE PLANNING ACT, R.S.O., 1990, c.p.13, AS AMENDED, TO AMEND THE COMPREHENSIVE ZONING BY-LAW NO. 3350, AS OTHERWISE AMENDED, OF THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE. WHEREAS Zoning By-law No. 3350, as amended, was passed under authority of Section 34 of the Planning Act, R.S , c.p.13, as amended, on October 1, 1991; AND WHEREAS Zoning By-law 3350 is now over eleven years old; AND WHEREAS on January 1, 2001 the Municipality of Port Hope was created by the amalgamation of the Township of Hope and the Town of Port Hope; AND WHEREAS Zoning By-law 3350 currently makes reference to the former Township of Hope and not the new Municipality of Port Hope; AND WHEREAS it is deemed beneficial to update, and begin to harmonize Zoning By-law 3350 and Zoning By-law 2857 /73 to provide current and uniform land policies and regulations throughout Ward 1 and Ward 2 of the Municipality of Port Hope; AND WHEREAS the Council of the Corporation of the Municipality of Port Hope is sponsoring an application to amend Zoning By-law 3350, the Comprehensive Zoning By-law to address certain limitations in this document; AND WHEREAS the Council of The Corporation of the Municipality of Port Hope conducted a public meeting on April 2, 2002, as required by Section 34 (12) of the Planning Act. R.S , c.p.13, as amended, in regard to passing a general house-keeping zoning by-law amendment for Ward 2 and Ward 1; NOW THEREFORE the Council of The Corporation of the Municipality of Port Hope ENACTS as follows: 1. THATSection 1.18BUILDINGBY-LAW isherebydeletedinitsentiretyand 1.18 BUILDING BY-LAW Shall mean the Building Code Act, 1992 S.O. 1992, c. 23., and Regulations passed thereunder as may be amended, replaced or re-enacted from time to time. 2. THAT Section 1.19 BUILDING PERMIT is hereby deleted in its entirety and BUILDING PERMIT Shall mean a building permit issued by the Chief Building Official of the Corporation of the Municipality of Port Hope under the Building By-law. 3. THAT Section 1.24 BY-LAW is hereby deleted in its entirety and replaced with the following: 1.24 BY-LAW Shall mean the Corporation of the Municipality of Port Hope Zoning By-law. 4. THAT Section 1.25 BY-LAW ENFORCEMENT OFFICER is hereby deleted in its entirety and.. /2

2 By-law 14/ BY-LAW ENFORCEMENT OFFICER Shall mean an officer or employee of the Corporation of the Municipality of Port Hope for the time being charged with the duty of enforcing the provisions of this By-law of the Corporation. 6. THAT Section 1.33 CHIEF BUILDING OFFICIAL is hereby deleted in its entirety and 1.33 CHIEF BUILDING OFFICIAL Shall mean the officer employed by the Corporation of the Municipality of Port Hope as is appointed under the Building By-law in accordance with the Building Code Act, 1992 S , c. 23, as amended. 7. THAT a new definition be included in Section 1 "DEFINITIONS" immediately following Section as follows: 1.33.a BUILDING INSPECTOR Shall mean an inspector employed by the Corporation of the Municipality of Port Hope as appointed under the Building By-law in accordance with the Building Code Act, 1992 S , c. 23., as amended 8. THAT Section 1.36 COMMUNITY CENTRE is hereby deleted in its entirety and 1.36 COMMUNITY CENTRE Shall mean any tract of land, or building or buildings or any part of any building used for community activities whether used for commercial purposes or not, the control of which is vested in the Municipality of Port Hope, a local board or agent thereof. 9. THAT Section 1.40 COUNCIL is hereby deleted in its entirety and replaced with the following: 1.40 COUNCIL Shall mean the Municipal Council of the Corporation of the Municipality of Port Hope. 10. THAT Section d. is hereby deleted in its entirety arid replaced with the following: Section d. d. is the whole remnant remaining to an owner or owners after a consent to sever has been granted pursuant to Section 49 of The Planning Act, S.O. 1983, c. 1, as amended, with respect to all other adjoining lands of the owner or owners, provided that the consent or consents mentioned above have not lapsed under Subsection 55(22) of The Planning Act, S.O., 1983, but for the purpose of this paragraph no parcel or tract ofland ceases to be a lot by reason only of the fact that a part or parts of it has or have been conveyed to or acquired by the Municipality of Port Hope, the County of Northumberland, Her Majesty in the Right of Ontario, or Her Majesty in the Right of Canada; or, 11. THAT a new definition be included in Section 1 "DEFINITIONS" immediately following Section as follows:.. /3

3 By-law 14/ l.124a MODEL HOME Shall mean a dwelling house constructed and used for display or promotional purposes and which shall not be sold, rented, or occupied for residential purposes until a draft plan of subdivision and a subdivision agreement have been registered respecting the lands on which the dwelling is located. 12. THAT Section MUNICIPAL, COUNTY, PROVINCIAL MAINTENANCE DEPOT is hereby deleted in its entirety and MUNICIPAL, COUNTY, PROVINCIAL MAINTENANCE DEPOT Shall mean any land, building or structure owned by the Corporation of the Municipality of Port Hope, the County of Northumberland or the Province of Ontario used for the storage, maintenance or repair of equipment, machinery or motor vehicles used in connection with civic works and shall include a public works yard. 13. THAT a new definition be included in Section 1 "DEFINITIONS" immediately following Section as follows: l.139a MUNICIPALITY Shall mean The Corporation of the Municipality of Port Hope. 14. THAT Section STREET, IMPROVED PUBLIC is hereby deleted in its entirety and STREET, IMPROVED PUBLIC Shall mean a street or road under the jurisdiction of the Province of Ontario, the County of Northumberland or the Corporation of the Municipality of Port Hope which is maintained so as to allow normal vehicular access to adjacent properties throughout all seasons of the year. 15. THAT Section TOWNSHIP is hereby deleted in its entirety and TOWNSHIP Shall mean the former Corporation of the Township of Hope THAT Section TOWNSHIP STREET OR ROAD is hereby deleted in its entirety and TOWNSHIP STREET OR ROAD Shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Port Hope. 17. THAT a new definition be included in Section 1 "DEFINITIONS" immediately following Section as follows: l.194a UNITARY EQUIPMENT Shall mean any apparatus used for the purpose of heating, cooling, changing of air, refrigeration, pumping or filtering of water or any other similar type of equipment used for these purposes, except for an air conditioning unit located in a window opening. 18. THAT Section 2.3 APPLICATION is hereby deleted in its entirety and.. /4

4 By-law 14/ APPLICATION This By-law shall apply and be enforceable with respect to the whole of Ward 2 of the Corporation of the Municipality of Port Hope. For the purposes of this By-law, the definitions and interpretations given herein shall govern unless the context requires otherwise. 19. THAT Section 2.5 ZONE SYMBOLS is hereby deleted in its entirety and Section 2.5 ZONE SYMBOLS The Zone symbols used on Schedules "A 1" to "A5" inclusive refer to the use ofland, buildings and structures and excavations permitted by this By-law in the zone categories. Whenever in this By-law the word "Zone" is used, preceded by any of the symbols, such Zone shall mean any area within Ward 2 of the Corporation of the Municipality of Port Hope delineated on Schedules "Al", "A2'', "A3", "A4" and "A5" and designated thereon by the symbol. 20. THAT Section 2.7 ii. is hereby deleted in its entirety and replaced with the following: ii. that where a zone boundary is indicated as following the corporate limits of the Corporation of the Municipality of Port Hope, then such limits shall be the zone boundary, and; 21. THAT Section 4.2. la. iiii. is hereby deleted in its entirety and replaced with the following: 4.2. la. iii. a group home in accordance with the provisions of Section 5.20 hereinafter set forth in this By-law; 22. THAT Section a iii is hereby deleted in its entirety and replaced with the following: 4.4. l a iii a group home in accordance with the provisions of Section 5.20 hereinafter set forth in this By-law; 23. THAT Section a iii is hereby deleted in its entirety and replaced with the following: a iii a group home in accordance with the provisions of Section 5.20 hereinafter set forth in this By-law; 24. THAT Section a vii is hereby deleted in its entirety and replaced with the following: a vii a group home in accordance with the provisions of Section 5.20 hereinafter set forth in this By-law; 25. THATSection HIGHWAYCOMMERCIALEXCEPTIONTHREE(Cl-3) ZONE PART LOT 15, CONCESSION 7 is hereby deleted in its entirety and HIGHWAY COMMERCIAL EXCEPTION THREE (Cl-3) ZONE PART LOT 2, CONCESSION 4 Notwithstanding the non-residential uses permitted within the Highway Commercial (C 1) Zone as set forth under Section (b) hereof to the contrary, within the Highway Commercial Exception No. Three (Cl-3) Zone, as delineated on the Zone Map attached hereto as Schedule "Al" and forming part of this By-law, the non-residential uses permitted shall be restricted to that of an establishment for the sale of live bait and fishing supplies together with such other accessory uses, buildings and structures as are.. /5

5 ' _. -~.\. By-law 14/ normally considered incidental and subordinate thereto. In all other.respects the provisions of the Highway Commercial (Cl) Zone shall apply and be complied with. 26. THAT Section HIGHWAY COMMERCIAL EXCEPTION FOUR (Cl-4) ZONE PART LOT 13, CONCESSION 3 is hereby deleted in its entirety and HIGHWAY COMMERCIAL EXCEPTION FOUR (Cl-4) ZONE PART LOT 13, CONCESSION 3 Notwithstanding the regulations for non-residential uses permitted within the Highway Commercial (Cl) Zone as set forth under Section hereof to the contrary, within the Highway Commercial Exception Four (Cl-4) Zone, as delineated on the Zone Map attached hereto as Schedule "A2" and forming part of this By-law, the minimum lot area requirement shall be 2, 903 square metres, and those lands placed within the Environmental Constraint (EC) Zone on the same property shall be excluded in the determination of minimum lot area. In addition, within the Highway Commercial Exception Four (Cl-4) Zone, as delineated on the Zone Map attached hereto as Schedule "A2" and forming part of this By-law, the minimum opening elevation for any principal structure shall be metres (391.5 feet) Geodetic Survey of Canada Datum. 27. THAT Section b. xi is hereby deleted in its entirety and replaced with the following: b. xi a motor vehicle gasoline bar, a motor vehicle repair garage or a motor vehicle service station in accordance with the provisions of Section hereof; 28. THAT Section Section RURAL INDUSTRIAL EXCEPTION EIGHT (Ml-8) ZONE PART LOT 10, CONCESSION 8 is hereby deleted in its entirety. 29. THAT Section b. xviii. is hereby deleted in its entirety and replaced with the following: b. xviii. a salvage yard in accordance with the provisions of Section hereof; 30. THAT Section l GENERAL INDUSTRIAL EXCEPTION ONE (M2- l) ZONE is hereby deleted in its entirety and GENERAL INDUSTRIAL EXCEPTION ONE (M2-l) ZONE Notwithstanding the uses permitted within the General Industrial (M2) Zone as set forth under Section l hereof to the contrary, within the General Industrial Exception One (M2-l) Zone as delineated on the Zone Map attached hereto as Schedule "Al" and forming part of this By-law, the uses permitted shall include that of an electrical power generating station, inclusive of the outside storage of goods and materials, together with such accessory uses, buildings and structures as normally considered incidental and subordinate thereto. In addition to the foregoing permitted uses, manufacturing, processing, assembly or fabricating facilities, workshops, warehousing, facilities for the reclaiming or recycling of goods and materials, utility functions together with such other accessory uses, buildings and structures as are normally considered incidental and subordinate thereto shall also be permitted. In all other respects the provisions.. /6

6 By-law 14/ THAT Section GENERAL INDUSTRIAL EXCEPTION EIGHT (M2-8) ZONE PARTS OF LOTS 25 & 26 CONCESSION 1 is hereby deleted in its entirety and GENERAL INDUSTRIAL EXCEPTION EIGHT (M2-8) ZONE PARTS OF LOTS 25 & 26 CONCESSION 1 Notwithstanding the permitted uses within the General Industrial (M2) Zone, within the General Industrial Exception Eight (M2-8) Zone, as delineated on the Zone Map attached hereto to Schedule "A" and forming part of this by-law, the permitted uses shall include that of an electrical power generating station, together with such accessory uses, buildings and structures as are as are normally considered incidental and subordinate thereto; workshops; warehousing; facilities for the reclaiming of or recycling of goods and materials; utility functions; and all non-residential uses as provided in the General Industrial (M2) Zone. In all other respects the provisions of the General Industrial (M2) Zone apply and be complied with. 32. THAT Section l'extractiveindustrialexception ONE (M3-1) ZONE PART LOTS 24 AND 25, CONCESSION 4 is hereby deleted in its entirety and EXTRACTIVE INDUSTRIAL EXCEPTION ONE (M3-1) ZONE PART LOTS 24 AND 25, CONCESSION 4 Notwithstanding the uses permitted within the Extractive Industrial (M3) Zone as set forth under Section l hereof to the contrary, within the Extractive Industrial Exception One (M3-1) Zone, as delineated on the Zone Map attached hereto as Schedule "Al" and forming part of this By-law, no person shall use any land or erect, alter or use any building or structure except for those purposes permitted under Section hereof, an asphalt plant, a concrete batching plant and such other accessory buildings and structures as are normally considered incidental and subordinate. In all other respects the provisions of the Extractive Industrial (M3) Zone shall apply and be complied with except that no minimum interior side yard shall be required adjacent the more northwesterly boundary of the Extractive Industrial Exception One (M3-1) Zone. 33. THAT Section EXTRACTIVE INDUSTRIAL EXCEPTION TWO (M3-2) ZONE PART LOT 9, CONCESSION 2 is hereby deleted in its entirety and EXTRACTIVE INDUSTRIAL EXCEPTION TWO (M3-2) ZONE PART LOT 9, CONCESSION 2 Notwithstanding the uses permitted within the Extractive Industrial (M3) Zone as set forth under Section of this By-law to the contrary, within the Extractive Industrial Exception Two (M3-2) Zone, as delineated on the Zone Map attached hereto as Schedule "A2" and forming part of this Bylaw, no person shall use any land or erect, alter or use any building or structure except for those purposes permitted under Section hereof and a concrete batching plant together with such other accessory uses, buildings and structures as are normally considered incidental and subordinate thereto. In all other respects the provisions of the Extractive Industrial (M3) Zone shall apply and be complied with. 34. THATSection WASTEDISPOSALINDUSTR1ALEXCEPTIONTHREE (M4-3) ZONE PART LOTS 13 AND 14, CONCESSION 2 is hereby deleted in its entirety and.. /7

7 By-law 14/ WASTE DISPOSAL INDUSTRIAL EXCEPTION THREE (M4-3) ZONE PART LOTS 13 AND 14, CONCESSION 2 Notwithstanding the uses permitted within the Waste Disposal Industrial (M4) Zone as set forth under Section hereof to the contrary, within the Waste Disposal Industrial Exception Three (M4-3) Zone, as delineated on the Zone Map attached hereto as Schedule "A2" and forming part of this By-law, no person shall use the land or erect, alter or use any building or structure except for the purposes of a waste storage area for low level radioactive and chemical wastes and contaminated building materials buried between the period from 1948 to 1955 in accordance with the licenses issued by the Atomic Energy Control Board together with such other accessory uses, buildings or structures as are normally considered incidental and subordinate thereto. 35. THAT Section UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS is hereby deleted in its entirety and Section UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed porches, verandahs, balconies, steps, patios, or decks, covered or uncovered, may project into any required yard a maximum distance of 2.5 metres, but not closer thari 1.2 metres to any lot line, provided that in the case of porches, steps or patios, such uses are not more than 1.8 metres above grade. 36. THAT a new sub-section be included in Section 5.1 ACCESSORY BUILDINGS, STRUCTURES AND USES immediately following Section as follows: UNITARY EQUIPMENT The following regulations shall apply to the location of any unitary equipment unless otherwise stated in this By-law:. 1 Minimum distance to any interior side lot line - equal to the minimum interior side yard width for the main dwelling on the lot which the equipment is situated;.2 Minimum distance to any exterior side lot line metres;.3 Minimum distance to any front or rear lot line metres, but on a lot where the side yard along its entire length is adjacent to a rear lot line(s), unitary equipment may be located within the side yard adjacent to a rear yard, a minimum distance of 1.0 metre from the lot line. 37. THAT Section BUILDING PERMIT ISSUED is hereby deleted in its entirety and BUILDING PERMIT ISSUED The provisions of this By-law shall not apply to prevent the erection or use of any building or structure, for a purpose prohibited by this By-law, for which a permit has been issued pursuant to Section 8. (2) of the Building Code Act, 1992 S.O. 1992, c. 23. prior to the date of passing of this By-law, so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected, provided further that the permit has not been revoked pursuant to Section 8.(10) of the Building Code Act, 1992 S.O. 1992, c THAT Section 5.6 EXISTING UNDERSIZED LOTS is hereby deleted in its entirety and 5.6 EXISTING UNDERSIZED LOTS.. /8

8 By-law 14/ Where a lot having a lesser lot area and/ or lot frontage than the 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 on the date of passing of this Bylaw, or where such 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 the parcel has a minimum frontage of fifty percent (50%) or more of the minimum frontage required by the zone in which the parcel is situated, provided that an adequate supply of potable water is available to service the proposed use, provided such erection, alteration or use does not contravene any other provisions of this By-law and provided that all relevant regulations made under the Health Protection and Promotion Act and all relevant requirements of the local Health Unit are complied with. Notwithstanding the foregoing, the provisions of this subsection shall not apply to any of the lands shown on Registrar's Complied Plan 173, being a graphic index of part of Lot 34, Broken Front Concession, and part of Lots 34 and 35, Concession 1, with the exception of the following lots as shown on said Registrar's Compiled Plan No. 173: Lots 1, 2, 51, 158, 161 and 162 provided they are combined and treated as one lot, 163, 164, 165, 170, 172, 173, 175 and 176 provided they are combined and treated as one lot, 205, 206, 207, 217, 236, 237, 238, 239, 241, 243, 276, 277, 278, 283, 284 and 288, and lots 360 and 361, provided they are combined and treated as one lot, and lots 286 and 287, provided they are combined and treated as one lot, and lots 49 and 50, provided they are combined and treated as one lot, and lot 285 which said lots on Registrar's Compiled Plan No. 173, and no others, shall be entitled to the benefit of the provisions of this subsection. Notwithstanding any other provision of this By-law to the contrary, where an existing lot of record has a lesser lot area and/ or frontage than required herein and is the subject of a consent to a land severance, an amendment to this By-law to recognize the further reduction in the lot area and/ or frontage Will not be required, provided that all other applicable zone provisions of this By-law are complied with. 39. THAT Section 5. 9 HOME OCCUPATION is hereby deleted in its entirety and 5.9 HOME OCCUPATION The following regulations shall apply to regulate a home occupation where such a use is permitted in conjunction with a permanent dwelling house, either within the principal permitted structure or within a permitted accessory structure, namely; 1. such home occupation shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling house or unit; 2. there shall be no display, other than a sign, neither luminous nor illuminated nor flashing, erected in conformity with the Sign By-law of the Municipality, to indicate to persons outside that any part of the dwelling house, unit or lot is being used for a purpose other than residential; 3. there shall be no outside display or storage of goods or materials associated with a home occupation use;.. /9

9 By-law 14/ there shall be no parking of commercial vehicles on the residential lot, where the definition of commercial vehicle includes tractor trailers, large trucks and buses, as defined in the Traffic By-law of the Municipality; 5. the home occupation shall not generate more than one commercial vehicle visit per day; and shall not accommodate commercial vehicle visits between the hours of8:00 p.m. and 8:00 a.m.; 6. the maximum number of non-resident employee positions allowed for a home occupation, on the same lot as the home occupation, shall be as follows: 1. for all lots greater than 1.7 ha (4.2 acres) and zoned RU or ER, not more than three employee positions for the home occupation shall be filled by non-residents; 2. for all lots greater than 0.6 ha (1.5 acres) and less than or equal to 1.7 ha (4.2 acres) and zoned RU or ER, not more than two employee positions for the home occupation shall be filled by non-residents; 3. for all lots less than or equal to 0.6 ha (1.5 acres) and zoned RU or ER, not more than one employee position for the home occupation shall be filled by a nonresident; 4. and for all lots zoned RR, HRl, HR2 and SRI, not more than one employee position for the home occupation shall be filled by a non-resident; 7. the maximum number of persons working for a home occupation, who work off the lot where the home occupation is located, shall be unlimited; 8. one off-street parking space is to be provided for each nonresident employee vehicle, and the home occupation shall also comply with the Traffic By-Law of the Municipality; 9. such home occupation shall not interfere with television or radio reception of others in adjacent buildings or structures, nor shall it cause the emission of noise, as defined and regulated in the Noise By-Law of the Municipality, odours, dust, smoke, fumes, light, or vibration onto adjoining properties where it becomes a nuisance; 10. where such home occupation is conducted within the principal residence, not more than twenty-five per cent (25%) of the gross floor area of the dwelling house shall be used for. the purposes of the home occupation; 11. where such home occupation is located within a permitted accessory building or structure, the maximum gross floor area associated with such use shall not exceed: m 2 (1,507 ft2) for lots zoned RU or ER that are greater than 1.7 ha (4.2 acres); m 2 (1,076 ft2) for lots zoned RU or ER that are greater than 0.6 ha (1.5 acres) and equal to or less than 1.7 ha (4.2 acres); 3. 50m 2 (538 ft2) for lots zoned RU or ER that are equal to or less than 0.6 ha (1.5 acres); and 4. 50m 2 (538 ft 2 ) for lots zoned RR, HRl, HR2 and SRl. 12. such home occupation shall not include: 1. a medical or dental clinic; 2. a private hospital; 3. a nursing home; 4. an eating establishment;.. / 10

10 By-law 14/ a hotel or motel; 6. a veterinary clinic; 7. akennel; 8. automobile or vehicle maintenance, repairs, sales, rentals; 9. automobile body shop; 10. painting of vehicles, trailers, boats; 11. arcade or adult entertainment parlour; 12. convenience store, variety store or video rental store; 13. welding shop. Notwithstanding any other provision of this By-law to the contrary, a bed and breakfast establishment shall be permitted as a home occupation use within a dwelling unit located in a Rural, Hamlet Residential or Rural Residential Zone. For the purposes of this Bylaw a bed and breakfast establishment shall mean a dwelling house, containing not more than three guest rooms used or maintained for the overnight accommodation of the travelling public, in which the proprietor supplies lodging, with or without meals in return for monetary compensation. All other provisions of this section shall apply and be complied with. 40. THAT Section i.d. is hereby deleted in its entirety and replaced with the following: d. vehicles designed to only run on rails; 41. THAT Section GENERAL is hereby deleted in its entirety and replaced with the following: GENERAL Except as provided for in Subsection hereof, the provisions of this Bylaw shall not apply to prohibit the use of any lot or the erection or use of any building or structure for the purposes of public services provided by the Corporation of the Municipality of Port Hope, or any Public Authority including any department of the County of Northumberland or any Department or Ministry of the Government of Canada or Ontario, or any Conservation Authority established by the Government of Ontario, and, for the purposes of this Section shall include Ontario Hydro; any telephone, cable television or telegraph company; and, any natural gas distribution system operated by a Company which possesses all the necessary powers, rights, licenses and franchises. 42. THAT Section STREETS AND INSTALLATIONS is hereby deleted in its entirety and 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, storm sewer, gas main, pipeline or overhead or underground hydro or communication line or high voltage and extra high voltage electrical facilities owned, operated and maintained by Ontario Hydro, provided the location of such main or line has been approved by the Council of the Corporation of the Municipality of Port Hope. Notwithstanding the generality of the foregoing, this approval by the Council of the Corporation of the Township of Hope shall not be required for any public use which has received prior approval pursuant to the provisions of The Environmental Assessment Act, R.S.O., 1980, c.140, as amended. 43. THAT Section 5.22 SPECIAL USES PERMITIED is hereby deleted in its entirety and SPECIAL USES PERMITIED A tool shed, construction trailer, scaffold or other building or structure incidental to construction is permitted in all Zones within the Corporation on the lot where construction is being undertaken and only for so long as it is.. / 11

11 By-law 14/ necessary for the work in progress and until the work is completed or abandoned. For the purpose of this Section, "abandoned" shall mean the revocation of the building permit pursuant to the provisions of Section 6 of The Building Code Act MODEL HOMES Nothing in this By-law shall prevent the use of land for the erection of model homes in accordance with the conditional permit provisions as provided in the Building Code Act, 1992 S , c. 23. Model homes shall only be permitted in accordance with the applicable regulations of this Bylaw and on lands zoned residential that have been issued conditions of draft plan of subdivision approval. 44. THAT Section 5.26 REGULATING AIR CONDITIONERS, HEAT PUMPS AND SOLAR PANELS is hereby deleted in its entirety. 45. THAT Section 5.27 REGULATING SATELLITE DISHES is hereby deleted in its entirety. 46. THAT Section ADMINISTRATION is hereby deleted in its entirety and ADMINISTRATION This By-law shall be administered and enforced by the Chief Building Official or such other person or persons as may be appointed for such purpose by the Council of the Corporation of the Municipality of Port Hope from time to time THAT Section BUILDING AND OTHER PERMITS is hereby deleted in its entirety and BUILDING AND OTHER PERMITS Notwithstanding the provisions of, the Building Code Act, 1992 S.O. 1992, c. 23., as amended and the Regulations passed thereunder, or any other By-law of the Corporation, no building permit or occupancy permit shall be issued where the proposed building, structure or excavation or where the proposed use or activity would be in violation of any of the provisions of this By-law. 48. THAT Section OCCUPANCY OF UNCOMPLETED DWELLING HOUSES is hereby deleted in its entirety and OCCUPANCY OF UNCOMPLETED DWELLING HOUSES No dwelling house shall be used for human habitation until the Building Code Act, 1992 S.O. 1992, c. 23., as amended,, and the Regulations passed thereunder have been complied with and, in any event, not before the main side walls and roof have been erected; the external siding and roofing completed; and kitchen, heating and sanitary conveniences have been installed and rendered usable, safe and fit for human habitation. 49. THAT Section ZONE SCHEDULES is hereby deleted in its entirety and ZONE SCHEDULES The provisions of this By-law shall apply to all lands within the limits of Ward 2 of the Corporation of the Municipality of Port Hope. For the purposes of this By-law such lands are divided into various Zones which are delineated on Schedules "Al'', "A2", "A3", "A4" and "A5'', the Zone Maps, attached hereto and forming part of this By-law. 50. THAT Section REPEAL OF OTHER ZONING BY-LAWS is hereby deleted in its entirety and.. / 12

12 By-law 14/ REPEAL OF OTHER ZONING BY-LAWS All Zoning By-laws which serve to regulate the use ofland and the character, location and use of buildings and structures within Ward 2 of the Corporation of the Municipality of Port Hope are hereby repealed in their entirety so as to give effect to the provisions of this By-law and the provisions of this By-law shall hereafter govern. Without limiting the generality of the foregoing the following By-law is specifically repealed, to take effect on the date this By-law comes into force; namely: By-law No as enacted on the 14th day of October, THAT Zoning By-law No.3350, as otherwise amended, is hereby amended to give effect to the foregoing, but Zoning By-law No. 3350, as otherwise amended, shall in all respects remain in force and effect save as same may be otherwise amended or hereinafter dealt with. 52. THAT this By-law shall come into force on the date it is passed by the Council of The Corporation of the Municipality of Port Hope, subject to the applicable provisions of the Planning Act, R.S.O. 1990, c.p.13, as amended. THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME and finally passed on the 9th day of April, FRANCES M. AIRD, CLERK