HomeMy WebLinkAboutPort Burwell By-Laws 1986 Port Burwell
• By r Laws
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By-Laws
# 86 - 01 — 86 - 19
1986
i
BY-LAW NO. 86 - -: 1
VILLAGE OF PORT BURWELL
1111
WHEREAS the Council of the Corporation of the Village of
Port Burwell deems it expedient to appoint a by-law Enforcement
• Officer.
NOW THEREFOR the Council of the QC�or�poration of the Village
of Port Burwell enacts that �C d /�__ __ is hereby appointed
effective May 12, 1986 at accYYrate ofa $�300�.00 per year, to be paid
June 30 and December 31.
THE Council further enacts that the following employees
of the Ministry of Natural Resourses be appointed as By-law
Enforcement Officers for the purpose of issuing parking violations
and are to be without remuneration.
These officers are; Henry Valks
Barbara Kloshe
Dave Stevens
Dave Orton
Frank Reiser
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF MAY, 1986.
Reeve ,
Ron :. adfield
• '111111116111111b.-
lerk
Elwood Varty
•
. The Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall he changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer'Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
This by-law read a •rst and second time t is 27th day of September 1994.
46 // �
/� / ..L.►�' '' _
'' omas Nesbitt, Reeve
411.4
6 •vi. ' ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 27th day of September 1994.
I / / / pip
„7/
re
T. .mas Nesbitt, Reeve
/
Davi.P1'. Free, Administrator/Clerk-Treasurer
3
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. 86-2
BEING A BY-LAW TO ESTABLISH
1111/ A SPECIAL PURPOSE BANK ACCOUNT
AT THE COMMERCE, PORT BURWELL
TO BE KNOWN AS THE LIGHTHOUSE
ACCOUNT.
•
WHEREAS Section/7/ of the Ontario Municipal Act R.S.O. requires that
special purpose funds collected be kept in separate accounts, be it inacted
that:
1. All funds received by the Treasurer for the restoration and Maintenace
of the Port Burwell Lighthouse, be deposited in this account.
2 That this account have cheque writing priviledges.
3. That the funds deposited be dispersed at the approval of and by resolution
of Council.
4. That the Treasurer may invest a portion of this account in Canadian
Imperial Bank of Commerce Term Deposits, at the then current rate
of return, for whatever length or period of time is practical.
5. That all interest earned frau the certificates mentioned in "4"
be deposited into this account.
6. The funds in this account be dispersed for the purpose of Restoring
or the maintenance of the Port Burnell Lighthouse. The Village may
recover such administration costs as are reasonable, from this account .
7. The Treasurer is the sole signing authority for cheques, with the
Reeve in the absence of the Treasurer to be an acceptable signature.
1111 READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS /(:]; DAY OF c,---,-,___1986.
/ / /' age_ —77:›-
ill Reeve / Clerk
Ron Bradfield Elwood Varty
k I
TILE CORPORATION OF THE VILLA( OF POW' BURWEL
BY-LAW NO.
A BY-LAW to provide for maintaining land in
a clean and clear condition.
IIIWHEREAS Section 210 of The Municipal Act, R.S.O. 1980,
Chapter 302, provides as follows:
• 210. 74. For requiring and regulating the filling up,
draining, cleaning, clearing of any grounds, yard and
vacant lots and the altering, relaying or repairing
of private drains.
76. For prohibiting the throwing, placing or depositing
of refuse or debris on private property or on property
of the municipality or any local board thereof without
authority from the owner or occupant of such property.
77. For making any other regulations for sewage or
drainage that may be considered necessary for sanitary
purposes.
129. For prohibiting, or regulating and inspecting the
use of any land or structures within the municipality
or any defined area or areas thereof for dumping or
disposing of garbage, refuse, or domestic or industrial
waste of any kind.
a) A by-law under this paragraph,
(i) may establish a schedule of fees chargeable
upon inspection of such regulated land or
structures;
(ii) may require the owners, lessees or occupants
of such land or structures, at the expense
of owners, lessees or occupants, to cease
using such land or structures for such
purposes, or to cover over any garbage,
refuse, or domestic or industrial waste in
any prescribed manner, whether or not such
land or structures were so used before the
passing of the by-law;
(iii) may define industrial or domestic waste.
b) For prohibiting or regulating and inspecting the use of
any land or structures for storing used motor vehicles
for the purpose of wrecking or dismantling them or
salvaging parts thereof for sale or other disposal.
NOW THEREFORE the Council of the Corporation of the village of Port
Burv.ell enacts as follows:
1. In this, by-law,
a) "By-law Enforcement Off ical" means The By-Law Enforcement
Officer for the Village of Port Burn.ell or his representat i•. •. •
b) "Village"means the, Corporation of the village of Port Burwell
c) "County" , means the County of Elgin.
d) "Domestic waste" , means any article, thing, matter or
any effluent belonging to or associated with a house
or household or concerning or relating to the home or
family that appears to be waste material; and for
greater certainty, but not so as to restrict the
generality of the foregoing terms of this clause, it is
hereby declared that domestic waste extends to the
1111 following classes of waste material:
i) accumulations, deposits, leavings, litter,
remains, rubbish, trash;
• ii) refrigerators, freezers or other appliance,
any attached hinges or latching, locking or
other closing mechanism or device;
iii) furnaces, furnace parts, pipes, fittings to
pipes, water or fuel tanks. •
e) "Inoperative motor vehicle" , means a vehicle having
missing parts, including tires or damaged or missing
glass or deteriorated or removed metal adjunctions, which
prevent its mechanical function;
f) "Owner" , means an owner, lessee or occupant;
g) "Private drain", means a drain or sewer or part
thereof situate on private property;
h) "Sewage", includes any liquid waste containing human,
vegetable, or mineral matter, waste that is in suspension
whether domestic or industrial or any other waste whether
in suspension or precipitated, but does not include roof
water or storm run-off;
i) "Waste material", means material or effluent that, in
the opinion of the fay-law Enforcement Official,
i) appears to have been cast aside or discarded
or abandoned; or,
ii) appears to be worthless or useless or of no
practical value; or,
iii) appears to be used up, in whole or in part,
or expended or worn out in whole or in part.
2. (1) Every owner, lessee or occupant shall keep his grounds, yard,
or vacant land filled up, drained, cleaned or cleared up.
(2) Every owner, lessee or occupant shall keep in repair his
private drain.
111 (3) Every owner, lessee or occupant shall alter or relay the
private drain as may be required by the By-law EnforcerrentOfficial .
(4) For the purpose of subsection 2 (1) , "clean or cleared up" ,
includes the removal of weeds or grass more than eight inches
in height un all resiriontial and commercial lots, but excludes agricultural
used porperty.
3. (1) No person shall throw, place or deposit refuse or debris on
private property without the written authority of the owner
or occupant of the property.
3. (2) No person shall throw, place or deposit refuse or debris
village property or County property without the written
authority of thevillageor County and where such property ,
occupied by a person other than the owner, without the
written authority of the occupant.
4. Every owner, lessee or occupant shall provide for the
sanitary disposal of sewage and drainage from his land or
buildings.
5. (1) Except as provided in Section 3 and in Subsection 4, every
owner, lessee or occupant shall keep his land free and cls-•
of all garbage, refuse or domestic or industrial waste of
any kind.
• (2) No person shall use any land or structure within the Village
for dumping or disposing of garbage, refuse, or domestic
or industrial waste of any kind.
(3) Subsections 1 and 2 do not apply to:
a) land or structures used by thevillage or the County
used for the purpose of dumping or disposing of garborr,
or refuse, or domestic or industrial waste;
b) land designated by by-law of thevillageor County
• for the purpose of dumping or disposing of garbage
or refuse, or domestic or industrial waste.
(4) Every owner, lessee or occupant shall cover over any garbof•'
refuse, domestic waste of any kind or industrial waste of
kind in such a manner as may be prescribed by the By-law
EnforcementOfficial in writing.
6.
No person,
shall use any land or structure in the viliarp tor storing used
motor vehicles for the purpose of wrecking or dismantling +-hem
or salvaging parts t,hereof for sale or other disposal.
7. (1) rite r3yrlaa Ehfcrcirent Official, by notice ap ed by resnitticn of Qur_il,sant IN recnsterl p
served on the owner, lessee or occupant of the land or
structure, require the owner, lessee or occupant within the-
time
hetime specified with the notice;
a) to keep his private drains in repair;
b) to alter or relay his private drains;
c) to provide for the sanitary disposal of sewacr
and drainage from his land or structure;
d) to clean, clear or remove from the land or
structure garbage, refuse or domestic or
industrial waste of any kind;
e) to cease using the land or structure for the
dumping or disposing of garbage, refuse, or
domestic or industrial waste of any kind;
f) to cover over;• screen, 'shield or enclose the
garbage, refuse or the domestic or industrial
waste in the manner prescribed by the commission^r.
(2) Every notice sent by the By-laiEdczwitirt Official shall
identify the land or structure.
(3) Every notice to an owner or lessee shall be sent to
the address shown on the last revised assessment roll
or to the last known address.
(4) Every notice sent to an occupant shall be to the
address of the land or structure or to the last known
address of the occupant.
8. (1) The By-laaf2dixt.ururt official may inspect the use of any land
or structure for the purpose of determining whether:
a) the land or structure is used for dumping or
disposing of garbage, refuse or domestic or
industrial waste of any Kind.
b) the land or structure is used for the storing of
used motor vehicles for the purpose of, wrecking
or dismantling them or salvaging parts thereof
for sale or disposal;
c) the owner, lessee or occupant has complied with
any notice sent by the By-law Bdcawr[3d- Official.
(2) Every owner, lessee ,cr occupant! shall permit the Chief
Building Official to inspect the land or structure for
the purpose of Subsection 1.
9. (1) Where the owner, lessee or occupant is in default of doing
the matter or thing required to be done under this by-law,
the By-la✓Ehfczo3rdt Offir M may:
a) fill up, drain, clean or clear up the grounds,
yard or vacant land;
b) repair the private drian or alter or relay the
private drain;
c) remove refuse or debris;
d) provide for the sanitary disposal of sewage and
drainage;
e) remove garbage, refuse or domestic or industrial
waste;
f) cover over, screen, shield or enclose domestic
or industrial waste;
g) remove used motor vehicles stored for the purpose
of wrecking or dismantling them or salvaging parts
thereof for sale or other disposal.
11 (2) Where any of the matters or things are removed in accordance
with subsection 1, the matters or things may be immediately
disposed of by the By-1,3Ar enfcrcerent Official.
(3) ThevnllaT shall recover' the expense in doing a matter or thing
referred to in subsection 1 by action, or in like manner as
municipal taxes.
- 5 -
.o. Every owner, lessee or occupant who contravenes any pro-
vision of this by-law, is guilty of an offence and liable
to a fine of not more than $2, 000. upon conviction.
. 1 . The short title of this by-law is the Waste Materials
By-Law, ;.
• READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS /3 DAY OF ` o-✓� 1986.
Reeve
Ron Bradfie d
Village of Port Burwell
7 / /
r
Clerk
Ell••••
s
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY-LAW . 466if
A By-law to authorize the carrying on of a program of
• recreation within the meaning of the Regulations undo-" '.h•
Ministry of Culture and Recreation Act, 1975, to prn•:ii•
for operation, maintenance and management of parks and
to provide for the establishment, operation, and mai! •
of Community Centres pursuant to thr Community Cent,,-,
and Regulations made there-under. •
1111111:1THE
/VILLAGE OF PORT BURWELL ENACTS AS FOI,IOWS:
1) Pursuant to Regulations made under the Ministry of Culture. and R.-,r- 1.
Act, 1975, a program of recreation is hereby established for the r'--i
of the municipality. -
2) The said board shall consist of not less tha: (7) seven members
appointed from time to time by by-law of Cow-r.il and for a term
stated therein,
(2) two of whom shall be members of the Muni(:ipal Council. The
term of the board shall run up until the 31st, day of December, 19i .
3) The members shall be:David Miller
Mary Ellen Miller
Cindy Allin Gary Hrnd ri^Y
Ken Roescchh
lly
TomMillardMillard
Hugh Brooks
Cathy Kozakievicz
Ruth Jackson
Ed Epple
Valerie Donnell
Steve Hughes
Michelle McCord
Anna Brooks
Cord Crocker
Cord Loucks
4) This by-law repeals and supercedes all other by-laws which contr-. • •--
the above provisions.
READ a first, second, and third time, finally passed and carried t.hi:- —i,
day of io,.,,` 1986.
-, / ,/ II /,
lel .. ...►r f.4..4
Reeve / ...
Ron edfie d
Elwood Varty
•
THE CORPORATION OF .
THE VILLAGE OF PORT BURWELL
J
By-law No. `66-S
a (Being a By-law to licence and regulate dogs)
WHEREAS Section 210 R.S.O.Chapter 302 1982, of the Municipal Act authorizes
• the enactment of a by-law for prescribing the licencing and regulating of dogs
within a municipality;
Z).' THEREFORE the Council of the Corporation of the Village of Port Burwell
enacts as follows;
•
THAT no person shall suffer or permit any dog of which he/she is the owner
or custodian to run at large or trespass on any property within the Village of
Port Burwell.
THAT every dog within the Village of Port Barwell, when not visibly confined
or restrained to the dwelling or property of its' owner or of the person having the
care and custody of the same, shall at all times be restrained upon a leash in
charge of some person.
THAT an animal dog tax shall be levied upon every person who is the owner or
custodian of any dog.
THAT in each year starting in 1986 on or before the first day of June, every
person who is the owner or custodian shall procure from the Dug Licencing Officer
a tag for each dog in the amount of which he/she is liable for the dog tax and
shall keep the tag securely fixed on the dog at all times during the year and until
he procures a tag for the following year, excepting that the tag may be removed
while the dog is being lawfully used for hunting in the bush.
THAT the amount of tax be established as follows;
For each male or spayed dog $8.00
For each female dog $15.00
THAT the tag shall bear a serial number and the year in which it was issued
and a record shall be kept by the Dog Licencing Officer showing the name and address
of the owner, the serial number of the tag, and the amount of the fee paid in respect
of the tax.
THAT a canine control officer, appointed by the Council of the Village of
' Port Burwell, may seize any dog found at large contrary to this by-law.
THAT any person who contravenes or fails to comply with any of the provisions
of this by-law shall be guilty of an offence, and upon conviction, shall forfeit and
pay at the discretion of the convicting judge a penalty of not more than $20.00
exclusive of costs for the first offence, and not more than $50.00 exclusive of costs
Sfor each subsequent offence, and the same shall be recoverable under the provisions
of the Provincial Offences Act, 1979, as amended.
THAT any by-law not consistent with the provisions of this by-law be and is hereby
repealed.
READ A FIRST TIME AND SECOND TIME THIS 79 DAY of /V:I.GAL , A.D. 1 qe; ,
READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 2,4 DAY OF Itk
1986, A.D.
/// rLL =1I-- , ��Z 4
E ..• y Ron Bradfield k
Clerk Reeve
r , • 1
0 . • •
THE CORPORATION OF
THE VILLAGE OF PORTR/ BU WELL
By-law No. e(0.--(9//9
Being a by-law to appoint a by-law enforcement
officer in charge of canine control.
WHEREAS an agreement is proposed between the Village of Port Burwell and Mr.
Don Whitney, for the catching, impounding and disposal of dogs and a schedule of
fees therefor;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1) That Mr. Don Whitney is hereby appointed as by-law enforcement in charge
of canine control for the Village of Port Burwell.
2) Mr. Don Whitney's premises is hereby designated as the pound for the
purposes of impounding such animals frau time to time, and Mr. Don Whitney
shall see that all dogs impounded are properly watered and fed and the
poundkeeper shall provide suitable enclosed quarters for all dogs delivered
to him.
3) That Mr. Don Whitney shall be paid such payments for services provided as
outlined by the agreement attached here to as schedule "A" to this by-law.
4) That Mr. Don Whitney shall operate in accordance with instructions as outlined
by the attached schedule "B" to this by-law.
5) That Mr. Don Whitney shall impound- all dogs running at large, subject to
the right of the owner, possessor or harbourer, to redeem the same within
96 hours from the time of capture by paying for the use of his pound
facilities. All dogs impounded under this by-law, if not redeemed within
96 hours after such impounding, may be destroyed in a humane manner or
sold at the discretion of Mr. Don Whitney.
6) That the by-law enforcement officer in charge of canine control shall
have dog tags available to sell to owners of untagged dogs.
7) That no citizen, regardless of proof of ownership, shall have any claim
on Mr. Don Whitney, if any animal is destroyed or otherwise disposed of
by him, due to sickness, viciousness or other causes.
8) That any other by-law which contravenes this by-law is hereby
repealed.
READ A FIRST TIME a 4✓t4-c-L l 9 tG
READ A SECOND TIME '41.01,-.44----/ M‘
READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS Z`f DAY OF 7/' .(t ,1986.
4,4404
Ron Bradfield
Reeve
Village of Port Burwell
A/ "..• Varty
Clerk
Village of Port Burwell
• •
SCHEDULE "A" TO BY-LAW NO. %
This agreement made in duplicate this , 4- day of 1986.
BETWEEN
THE CORPORATION OF THE VILLAGE OF PORT BURWELL.
(hereinafter called the "Corporation")
PARTY OF THE FIRST PART.
A N D
MR. DON WHITNEY.
(hereinafter called Mr. Don Whitney).
PARTY OF THE SECOND PART.
WHEREAS the Corporation has proposed a by-law naming Mr. Don Whitney as By-law
Enforcement Officer in charge of Canine Control for the Village of
Port Burwell, and naming his premises as the pound for the purpose
of impounding such animals as required from time to time:
AND WHEREAS it is expedient that as and from the date of this Agreement, the
Corporation requires such services.
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, MR. DON WHITNEY CONVENANTS
AND AGREES TO AND WITH THE CORPORATION AS FOLLOWS:
1. That Mr. Don Whitney shall provided animal control service to the Corporation
with the time and duration of individual patrols left to the descretion of
Mr. Don Whitney.
2. That the Corporation pay Mr. Don Whitney for this service a monthly fee of
one hundred dollars ($100) will be paid, and an additional twenty seven ($27)
dollars per dog which must bects-bvyed which includes cost of veterinary
or other qualified service. This fee will be paid upon receipt of service
perfoinrd by qualified person or organization.
3. The Corporation agrees to pay for the services rendered on a monthly
basis.
4. That either party of this agreement may request amendment or termination of
this agreement, by giving thirty days notice, in writing, to the other party
of this agreement.
5. That Mrs. Whitney be named as assistant by-law enforcement officer in charge.
6. That Mr. Don Whitney be named as the Dog Tax Collection Officer. He shall
receive $2.00 for each dog tag sold.
7. That this contract to commence as of April 1, 1986.
CORPORATION OF THE VILLAGE OF PORT BURWELL
REEVE, Ron Braid ield
CLE Elwood Vary
Mr. Don Whitney
Witless.
• •
SCHEDULE "B" TO BY-LAW NO. 86-6
INSTRUCTIONS TO ANIMAL CONTROL OFFICER
1. Where a dog is found to be running at large, the By-law Enforcement Officer
in charge of Canine Control shall attempt to examine the dog for the
purposes of determining whether or not it is licenced and whether there
is a tag around its neck. If it is safe to do so, he should examine the tag
and record the registration in his notebook.
2. If the dog is not tagged, or alternatively, if it is not safe to examine the
tag of a licenced dog, then the By-law Enforcement Officer in charge of Canine
Control should impound the dog. The By-law Enforcement Officer in charge
of Canine Control should then make inquiries as to who is the owner of the
dog and if a person does admits ownership, then this admission should be
recorded in his notebook. If no one admits ownership, then the By-law
Enforcement Officer in charge of Canine Control must take steps to take
possession of the dog and to take the dog to the pound.
3. If the registration number is ascertained, then the owner should be
interviewed and his or her admission of ownership obtained, and recorded in
the officer's notebook. If the owner of the dog admits ownership, then
the By-law Enforcement Officer in charge of Canine Control should then attend
before the appropriate court official and lay a charge and collect all fines.
4. That Mr. Don Whitney is to retain all fines and boarding fees. The boarding
fees are to be no more than $5.50 per day. The first day being 12 hours.
5. The Village is to supply Mr. Whitney with a suitable box type bait trap, at
the Village's expense.
6. After a report of dogs running at large, Mr. Don Whitney is to take the
trap to private property, have a .2fitAlle entry agreement signed with the
land owner and to set the trap for two nights.
7. The trap is to be frequently checked.
8. The captured dog and subsequent action, is as described in Part 1, 2, 3, and
4 above.
9. The dog tax is to be collected by house to house canvas or other such means
before June 1 of each year, and every tag is to be entered in a suitable register.
10. The By-law Enforcement Officer for Canine Control is to turn all dog tax
money in to the Treasurer. The Treasurer will then issue a current cheque to
cover the $2.00 each commission on dog tags.
11. The Village of Port Burwell hereby instructs Mr. Don Whitney that he is not
to contravene any statues or law in the performance of his duties as
described above.
12. All books, tags, traps, and other such items supplied by the Village are
to remain in the sole ownership of the Village and are to be available to
be returned on demand, and are to be kept in good order and repair.
13. All unused dog tags are to be returned by November 15.
REEVE, Ron Br ield
1
i00:›001
*40 Varty
Mr. Don Whitney
THE CORPORATION OF THE
VILLAGE OF PORT BUEWELL
BY-LAW NO. e‘
BEING a by-law respecting the issue of licences
in the Village of Port Burwell and establishing
fees and regulations therefor.
• WHEREAS the Municipal Act authorizes municipalities to pass such by-laws as
require the person carrying on, or proposing to carry on, a licenced
trade, calling, business or occupation to contribute a licence fee
in the nature of a tax for the privilege conferred by the licence;
the primary object of such by-laws being the raising of revene;
AND WHEREAS the Municipal Act provided a licencing power of different
character, being the-authority for such licencing by-laws as are
enacted primarily for the purpose of enabling the municipality to
regulate and govern the licenced trade or business and thoses engaged
in it; the legislature has commonly fixed the maximum annual licence
fee to be imposed under by-laws of this nature at a nominal amount;
AND WHEREAS all licencing powers proceed upon express legislative grant,
in the absence of which there is no authority to licence;
AND WHEREAS Village Council is desirous of regulating and licencing mobile
prepared food vending stalls.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. In this by-law, except where it is otherwise implied or shown by the context
the word "person" shall include not only an individual, but also any body
corporated, or politic, or party, or any firm and the heirs, executors,
administrators, successors, or other legal representatives thereof, to
whom the context may apply, and words imparting the singular number shall
include more persons or things as above described or things of the same
kind, than one, and words imparting the masculine gender shall be deemed to
include the feminine gender.
2. From and after the passing of this by-law, all other by-laws and parts
thereof that are inconsistent with the provisions of this by-law, shall
be and the same are hereby repealed.
3. No person shall engage in or carry on any activity occupation business or
callings mentioned in section 4 of this by-law unless and until he shall
have procurred a licence authorizing him to do so, and shall have paid to
the Village Treasurer the fee set out in the said section, with respect
to such licence and shall have complied with all of the provisions and
conditions set out in other sections of this by-law relative to the
acquisition of such licence, if applicable, and no such licence shall
be issued until such fee has been paid and such provisions and conditions
have been satisfied as determined by the Village Clerk-Treasurer.
-1-
-2-
4. A) For a hawkers and pedlars licence, for a person who goes frau place to
place, or to a particular place with prepared food goods, that includes
french fries, hot dogs, hamburger, pogos, pizza, or any other food that
requires deep frying for sale or to expose samples, which are to be
1111 delivered in the municipality afterwards.
Non Residents of Village of Port Bruwell ; $500.00.
B) For a transient Traders Licence to a person whose name has not been entered
on the assessment roll and who is in the activity of offering deep fried
• foods for sale ; $500.00
5. Upon receipt of an application for a licence under section 4, the Village
Clerk shall forthwith forward details of the application to: the Chief
of the Village Fire Department who shall determine whether or not the
premises named in the application comply with the applicable fire regulations.
; and the Chief Building Official who shall determine whether or not the
Pqemises named in the application have been lawfully constructed.
6. Where any determination is made that the premises named in the application
do not comply, the deficiences shall be specified and the Clerk shall
notify the applicant in writing, of all dificiencies.
7. Where an applicant advises the Clerk that he disputes the determination
made under section 5, the matter shall be referred forthwith to the Council
who shall determine the matter.
8. The Clerk shall not issue a licence until the following have been provided;
1) All the information the applicant is obliged to supply.
2) The licence fee.
3) Confirmation Int each official named in Seciton 5.
of-
9. Every licence issued under this by-law shall expire on December 31, unless
revoked earlier.
10. This by-law may be suspended for given periods of time by resolution
of the Village Council to accomodate special events or days.
DUTIES OF THE BY-LAW ENFORCEMENT OFFICER.
11. The By-law Enforcement Officer shall be charged with the enforcement of
this by-law and shall do or cause to be done, the following;
411 a) Report to Council whenever he shall be required.
b) Make all necessary inquiries on behalf of the Village with respect
to suspension or revocation of licences and to examine vehicles and
equipment if necessary.
c) Prosecute all persons who shall offend against provisions of this
by-law.
-3-
12. No such licence shall be required for persons wholesaling supplies.
13. The licencee shall at all times while carrying on business have his
licence with him.
110 14. Each section of this by-law is enacted and shall be read and construed
as being, separate and severable frau the other sections of this by-law.
• 15. Any by-law inconsistent with the provisions of this by-law are hereby
repealed.
16. This by-law shall became effective and take force from the date of the
final passing 'hereof.
17. If any provision of this by-law is found by a Court of Competent
jurisdiction to be ultra vires, such finding shall not affect the other
provisions hereof.
18. Unless otherwise stated, any licence issued under this by-law shall be
valid only frau the date of its issue until December 31, of the year of
its issue.
19. PENALTIES.
1) Every person who contravenes any of the provisions of this by-law
is guilty of an offence and on conviction is liable to a fine of
not less than $25.00 and not more than $1,000.00, exclusive of
costs, and every such penalty is recoverable under the Provincial
Offences Act, R.S.O. 1980.
2) The imposition of a fine or the payment thereof does not relieve
a convicted person frau fulfilling any obligations for the
neglect of which the penalty was imposed.
20. This by-law shall cane into force and take effect on the day following the
final passing thereof.
S` READ A FIRST TIME /14414`` Z`t(<<1 Bb
READ A SECOND TIME M,e.G.Z 1/(1f 6k.
READ A THIRD TIME AND FINALLY PASSED THIS Z f DAY OF 4986.
leReeve ty I.;.. lgtV��11
Ron Bradfield
7
I'
Clerk,
Elwood Varty
-3-
12. No such licence shall be required for persons wholesaling supplies.
13. The 1icencee shall at all tines while carrying on business have his
licence with him.
110 14. Each section of this by-law is enacted and shall be read and construed
as being, separate and severable from the other sections of this by-law.
• 15. Any by-law inconsistent with the provisions of this by-law are hereby
repealed.
16. This by-law shall become effective and take force from the date of the
final passing "hereof.
17. If any provision of this by-law is found by a Court of Competent
jurisdiction to be ultra vires, such finding shall not affect the other
provisions hereof.
18. Unless otherwise stated, any licence issued under this by-law shall be
valid only from the date of its issue until December 31, of the year of
its issue.
19. PENALTIES.
1) Every person who contravenes any of the provisions of this by-law
is guilty of an offence and on conviction is liable to a fine of
not less than $25.00 and not more than $1,000.00, exclusive of
costs, and every such penalty is recoverable under the Provincial
Offences Act, R.S.O. 1980.
2) The imposition of a fine or the payment thereof does not relieve
a convicted person from fulfilling any obligations for the
neglect of which the penalty was imposed.
20. This by-law shall care into force and take effect on the day following the
final passing thereof.
IIIREAD A FIRST TIME 444-4-14-14i(' d!b
\ READ A SECOND TIME 447-`�/(!r 6q
READ A THIRD TIME AND FINALLY PASSED THIS Z 4( DAY OF 986.
i � j)/_ ��
II, Reeve,
(\
Ron Bradfield
I,
Clerk,
Elwood Varty
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. f6 —�
. BEING a by-law respecting the issue of licences
in the Village of Port Burwell and establishing
fees and rejulations therefor.
. WHEREAS the Municipal Act authorizes municipalities to pass such by-laws as
require the person carrying on, or proposing to carry on, a licenced
trade, calling, business or occupation to contribute a licence fee
in the nature of a tax for the privilege conferred by the licence;
the primary object of such by-laws being the raising of revene;
AND WHEREAS the Municipal Act provided a licencing power of different
character, being the authority for such licencing by-laws as are
enacted primarily for the purpose of enabling the municipality to
regulate and govern the licenced trade or business and thoses engaged
in it; the legislature has commonly fixed the maximum annual licence
fee to be imposed under by-laws of this nature at a nominal amount;
AND WHEREAS all licencing powers proceed upon express legislative grant,
in the absence of which there is no authority to licence;
AND WHEREAS Village Council is desirous of regulating and licencing mobile
prepared food vending stalls.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. In this by-law, except where it' is otherwise implied or shown by the context
the word "person" shall include not only an individual, but also any body
corporated, or politic, or party, or any firm and the heirs, executors,
administrators, successors, or other legal representatives thereof, to
whom the context may apply, and words imparting the singular number shall
include more persons or things as above described or things of the same
kind, than one, and words imparting the masculine gender shall be deemed to
include the feminine gender.
2. From and after the passing of this by-law, all other by-laws and parts
thereof that are inconsistent with the provisions of this by-law, shall
be and the same are hereby repealed.
' 3. No person shall engage in or carry on any activity occupation business or
callings mentioned in section 4 of this by-law unless and until he shall
have procurred a licence authorizing him to do so, and shall have paid to
the Village Treasurer the fee set out in the said section, with respect
to such licence and shall have complied with all of the provisions and
conditions set out in other sections of this by-law relative to the
acquisition of such licence, if applicable, and no such licence shall
be issued until such fee has been paid and such provisions and conditions
have been satisfied as determined by the Village Clerk-Treasurer.
-1-
-2-
4. A) For a hawkers and pedlars licence, for a person who goes from place to
place, or to a particular place with prepared food goods, that includes
french fries, hot dogs, hamburger, pogos, pizza, or any other food that
requires deep frying for sale or to expose samples, which are to be
110 delivered in the municipality afterwards.
Non Residents of Village of Port Bruwel1 ; $500.00.
B) For a transient Traders Licence to a person whose name has not been entered
on the assessment roll and who is in the activity of offering deep fried
• foods for sale ; $500.00
5. Upon receipt of an application for a licence under section 4, the Village
Clerk shall forthwith forward details of the application to: the Chief
of the Village Fire [department who shall determine whether or. not the
premises named in the application comply with the applicable fire regulations.
; and the Chief Building Official who shall determine whether or not the
P it_rnises named in the application have been lawfully constructed.
6. Where any determination is made that the premises named in the application
do not comply, the deficiences shall be specified and the Clerk shall
notify the applicant in writing, of all dificiencies.
7. Where an applicant advises the Clerk that he disputes the determination
made under section 5, the matter shall be referred forthwith to the Council
who shall determine the matter.
8. The Clerk shall not issue a licence until the following have been provided;
1) All the information the applicant is obliged to supply.
2) The licence fee.
3) Confirmation each official named in Seciton 5.
0
9. Every licence issued under this by-law shall expire on December 31, unless
revoked earlier.
10. This by-law may be suspended for given periods of time by resolution
of the Village Council to accomodate special events or days.
41/1
DUTIES OF THE BY-LAW ENFORCEMENT OFFICER.
11. The By-law Enforcement Officer shall be charged with the enforcement of
this by-law and shall do or cause to be done, the following;
S a) Report to Council whenever he shall be required.
b) Make all necessary inquiries on behalf of the Village with respect
to suspension or revocation of licences and to examine vehicles and
equipment if necessary.
c) Prosecute all persons who shall offend against provisions of this
by-law.
• -3-
12. No such licence shall be required for persons wholesaling supplies.
13. The licencee shall at all times while carrying on business have his
licence with him.
110 14. Each section of this by-law is enacted and shall be read and construed
as being, separate and severable from the other sections of this by-law.
• 15. Any by-law inconsistent with the provisions of this by-law are hereby
repealed.
16. This by-law shall become effective and take force from the date of the
final passing hereof.
17. If any provision of this by-law is found by a Court of Competent
jurisdiction to be ultra vires, such finding shall not affect the other
provisions hereof.
18. Unless otherwise stated, any licence issued under this by-law shall be
valid only from the date of its issue until December 31, of the year of
its issue.
19. PENALTIES.
1) Every person who contravenes any of the provisions of this by-law
is guilty of an offence and on conviction is liable to a fine of
not less than $25.00 and not more than $1,000.00, exclusive of
costs, and every such penalty is recoverable under the Provincial
Offences Act, R.S.O. 1980.
2) The imposition of a fine or the payment thereof does not relieve
a convicted person from fulfilling any obligations for the
neglect of which the penalty was imposed.
20. This by-law shall cane into force and take effect on the day following the
final passing thereof.
111
READ A FIRST TIME 2 9 ot`'-`'��/ /i
Q
READ A SECOND TIME 2't✓n"-f / (I*
READ A THIRD TIME AND FINALLY PASSED THIS 2.-"/ DAY OF Ag "i—`1986.
71::e ,
111 Reeve,
Ron Bradfield
/JL
Clerk, •,
El ... . - y
The tlunicipal Act,RSO 198C
• Section 158
THE CORPORATION OF THE
VILLAGE OF FORT BURWELL
IN TIE COUNI7 OF ELGIN.
BY-LAW 86- 8
Being a by-law to adopt the estimates of
lilt all sums required to be levied against
all rateable property during the year
and to strike the rates of taxation for
the year 19.8P.
WHEREAS the Council of the Corporation of the Village of
Port Burwell , in' accordance with the provisions of The Municipal
Act, has prepared and _provisionally adopted the estimates of all
sums required during the year 1986 for the purposes of the
municipality, including sums required by law to be provided for
school purposes and for any board, commission or other body;
AND WHEREAS the Assessment Roll prepared in 1985 , and
upon which the taxes for the year 1986 are to be levied, has
been finally revised by the Assessment Review Court;
AND WHEREAS the whole of the assessment for real property
and business assessment, according to the said last revised assess-
ment roll, is as follows:
Residential and Farm $ 650630
Commercial and Industrial $ 129356
Business $ 47345
AND WHEREAS for taxation purposes the said assessment is
allocated as follows:
Residential Commercial/
and Farm Industrial/ Total
Business
Public School Support $ 624490 $ 176051 $ 800541
Separate School Support $ 26140 $ 650 $ 26790
Secondary School Support $ 650630 $ 176701 $ 827331
AND WHEREAS The Ontario Unconditional Grants Act, 1975,
provides for a fifteen percent (15%) differential between
residential/farm assessment and commercial/industrial/business
assessment for the purposes of levying rates, in each year;
110 AND WHEREAS The Education Act, 1974 , provides that the
rate to be levied on residential and farm assessment in each year
shall be eighty-five (85%) per cent of the rate to be levied on
commercial, industrial and business assessment;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BUF'dELI, ENACTS AS FOLLOWS:
1. The estimates of the Corporation of the Village , of
Port Burwell for the year 1986 be and they are
hereby adopted; with any 1986 suprplus to be allocated to the reserve
for working funds. These estimates are attached and form appendix "A"
of this by-law.
Cont'd. . . .2
- 2 -
2. The sums to be raised by means of taxation for the
year 1986 be as follows, subject to the adjustments
indicated, which adjustments are by law required to
be made:
(a) For general municipal purposes, a sum of $ 214703
111/ such amount to be reduced by a sum of $ 66885
representing the municipality' s share of
the 19 86 resource equalization grant pay' M.T.C. - 35400 oR�ad
under )
ment The Ontario Unconditional Grants
Act, 1975; and further reduced by a sum
411
of $ 2703
representing the municipality' s share of
that telephone and telegraph gross
receipts payable under section 161
of The Municipal Act; and further reduced
by a sum of $_ 3735
representing the municipality' s share of
payments-in-lieu of taxes from all sources
payable during the year; and finally
reduced (increased) by a sum of $ 14000
representing the amount of any available
surplus (deficit) from any previous year
in respect of general municipal purposes;
such adjustments yielding a net levy for
general municipal purposes of $ 91980 .
(b) For county purposes, a sum of $ 25752
as requisitioned by the County of
Elgin , such amount to be reduced
by the sum of $ 633
representing the County' s share of that
portion of telephone and telegraph gross
receipts payable under section 161 of
The Municipal Act; and further reduced
by the sum of $ 882
representing the County' s share of
payments-in-lieu of taxes from all
sources payable in the year; and
finally reduced (increased) by a
sum of $ NIL
representing any overlevy (underlevy)
in respect of the 1985 County requisi-
�. tion; for a net levy for county
purposes of $ 24237 .
411, (C) For public school (elementary) purposes,
a sum of $ 59997
such amount being reduced by a sum of $ 1772
representing the amount of that portion
of telephone and telegraph gross receipts
payable under section 161 of The Municipal
Act that is attributable to public school
101,?, levies; and further reduced by a sum of $ 2493
representing that portion of payments-
in-lieu of taxes that is attributable
to public school levies; and finally
reduced (increased) by a sum of $ NIL
representing any overlevy (underlevy)
in respect of the 1985 Board of Educa-
tion levy for public school purposes;
for a net levy for public school
(elementary) purposes of $ 55732
Cont'd 3
•
•
- 3 -
(d) For secondary school purposes, a sum of $ 46284
such amount being reduced by a sum of $ 1361
representing the amount of that portion
of telephone and telegraph gross receipts
payable under section 161 of The Municipal
411/ Act that is attributable to secondary
school levies; and further reduced by a
sum of $ 1890
representing that portion of payments-
in-lieu of taxes that is attributable
• to secondary school levies; and finally
reduced (increased) by a sum of $ NIL
representing any overlevy (underlevy)
in respect of the 19 85 Board of Educa-
tion levy for secondary school purposes;
for a net levy for secondary school
purposes of $ 43033 .
(e) For separate school purposes, a sum of $ 1803
such amount being reduced (increased)
by a sum of $ NIL
any overlevy (underlevy) in respect of
the 1985 levy for Roman Catholic
separate school purposes; for a net
levy for separate school purposes of $ 1303 .
3. There shall be levied and collected upon the whole of
the assessment for real property and business assess-
ments, according to the last revised assessment roll,
the following rates of taxation for the year 1986
Residential Commercial/
and Farm Industrial b
Business
General municipal purposes. . 107.15 126.05
County purposes 28.23 33.22
Public school purposes 67.02 78.85
Separate school purposes67.02 78.05
Secondary school pur,p osers50.13 58.98
Tc F4I (�h1 t ' 14,1 k,fc 252.53 297.10
yielding a consolidated public school rate for residential
and farm assessment of 252.53 mills and for commercial,
industrial and business assessment of 297.10 mills;
and yielding a consolidated separate school rate for
residential and farm assessment of 252 . 53 mills and
for commercial, industrial and business assessment of
297. 10 mills.
4111 4. In addition to the rates and taxes authorized to be levied
pursuant to clause 2 of this by-law, all other municipal
local or direct taxes, rates and charges, the collection
of which is the responsibility of the municipality or any
of its officials, be levied and collected in the manner
directed and authorized by the provisions of any General
or Special Act or by-law of the municipality.
1111 The local improvements to be collected are to include water frontages,
water connections and sever connections.
- Y
5.
Tut taxes shall become
due and payable on the 16th day of May , 1986 ,
but may be paid in installments on the 16th day of
May , 19 86 , the 16th day of iWy
1986, the 6th day of Septent.er , 1986 ,
' provided that upon
failure to make payment on any installment date, the
whole amount shall become due and payable forthwith.
6. There shall be imposed a penalty for non-payment of tares
on due date of any installment thereof, the amount of 1:%
of the amount due and unpaid on the first day of default,
and an additional penalty of 11/41 shall be added on the
• first day of each calendar month thereafter-,in which
default continues, but not after the end ofithe year
in which the taxes are levied.
* 7. That where any taxes or other rates remain due and unpaid
after the 31st day of December in the year in which they
were levied, there shall be added thereto interest at a
— rate of 11/41 per month for each month or fraction thereof
until the said taxes and rates are paid.
8. The Collector is hereby authorized to mail or cause to
be mailed the notice of taxes due to the address of the
residence or place of business of the person to whom
notice is required to be given.
9. All taxes shall be paid into the Office of the Treasurer
or at the Canadian Imperial Bank of Camrrce, Port Burwell, pursuant to
Section 386 (8) of The Municipal Act .
10. ?here a tenant of lands, owned by the Crown or in which
the Crown has an interest, has teen employed either within
or outside the municipality by the same employer for not
less than 30 days, such employer shall pay over to the
Collector on demand out of any wages, salary, or other
remuneration due to such employee the amount then payable
for taxes under this by-law and such payment shall relieve
the employer from any liability to the employee for the
amount paid.
11. The Collector and the Treasurer are hereby empowered to
accept part-payment from time to time on account of any
taxes due.
All collections are to be applied first to interest and penalty of oldest
outstanding year. Secondly, to outstanding work orders and utility collectior
placed on the roll and finally, to principal tax amounts most outstanding
year.
40 •
12. This by-law shall come into force and effect upon the date
of its final passing.
• Read a first and second time thisIII 7th day April , 19 86 .
Read a third time and finally passed this 7th day of April
1986 .
"7
/22
, -, „7"V11/___
REEVE
RON BRADFIELD
---p041::::)&--
'.-..:,;Y, CLERK
SCHEDULE "A"
• 1986 SUWARY OF MILL RATES
RESIDENTIAL 'V `'
Share 1986 1985 1984
Village 107.15 102.03 97.25
County ��
�p•�23 24.08 22.08
Elementary 67.02 67.22 60.55
Separate 67.02 65.11 62.41
Secondary 50.13 51.10 50.01
•
TOTAL PUBLIC SUPPORTER 252.53 244.43 229.89
TOTAL SEPARATE SUPPORTER 252.53 242.32 231.75
COM•'€RCIAL & BUSINESS
Share 1986 1985 1984
Village 126.05 120.03 114.41
County 33.22 28.32 25.98
Elementary 78.85 79.09 71.24
Separate 73.35 76.60 73.42
Secondary 58.98 60.12 58.83
TOTAL PUBLIC SUPPORTER 297.10 287.57 270.47
TOTAL SEPARATE SUPPORTER 297. 10 285.08 272.65
MATERIALS, SUPPLIES, SERVICE, GENERAL ADr•1INISTRATION - ESTIMATED EXPENDITURES.
Lawyer 3000
Auditor 8000 c,
Stationery 2000 + ,� 1
Photo copier 1150 • ��,
Tax bills 1200 1 1 ,-,
4
Water/Sewer bills 600 , S•
Postage 1200 I '
Insurance 8923
Associations & Conventions
Clerk & Village 2000
Office cleaning 780
Office Hydro 900
Office Phone 1000 •
Office repairs 500
Misc. Village supplies 1000
SWater Meters 750
Beach Cleaning 1000
Village Promotion ( Brochure) 1000
New Mower 6500
41503
SCFEDULE "A"
• 1986 SUVARY OF MILL RATES
RESIDENTIAL `_ ,
Share
1986 1985 1984
Village 107.15 102.03 97.25
County 28.23 24.08 22.08
Elementary 67.02 67.22 60.55
Separate 67.02 65.11 62.41
Secondary 50.13 51.10 50.01
•
TOTAL PUBLIC SUPPORTER 252.53 244.43 229.89
TOTAL SEPARATE SUPPORTER 252.53 242.32 231.75
CO?4[RCIAL & BUSINESS
Share 1986 1985 1984-
Village 126.05 120.03 114.41
County 33.22 28.32 25.98
Elementary 78.85 79.09 71.24
Separate 73.35 76.60 73.42
Secondary 58.98 60.12 58.83
TOTAL PUBLIC SUPPORTER 297.10 287.57 270.47
TOTAL SEPARATE SUPPORTER 297. 10 285.08 272.65
MATERIALS, SUPPLIES, SERVICE, GENERAL ADMINISTRATION - ESTIMATED EXPENDITURES.
Lawyer 3000
Auditor 8000 cc
Stationery 2000 T.^(9
Photo copier 1150 ( f_
Tax bills 1200 1° L
�d I .
Water/Sewer bills 600 (, .
Postage 1200
Insurance 8923
Associations & Conventions
Clerk & Village 2000
Office cleaning 780
Office Hydro 900
Office Phone 1000
Office repairs 500
Misc. Village supplies 1000
SWater Meters 750
Beach Cleaning 1000
Village Promotion ( Brochure) 1000
New Mower 6500
41503
SCHEDULE "A"
t .
1986 EXPENDITURES FORCASTS
Council - Pay plus conventions 15000
Administration Salaries 31000
Materials, supplies, Services 41503
Building Maintenance - OPP, Library, PUC 2000
Fire Department Salaries 6000
Materials 6916
Conservation Authority 2000
III Protection - Canine 2000
By-law Enforcement 1000
Sewer Inspectors 2000
Roads 70800
Street Lighting & Maintenace 5000
Captial replacement 2400
Garbage Collection 18000
Parks & Recreation 1000
Transfer to Recreation Board 6000
Industrial & Development 3000
County of Elgin 25752
Schools - Elementary 59997
Secondary 46284 _7- 106281
Separate ise;
349,455
* Any surplus, excess of revenue over expenditure is to be placed in reserves
for working funds in 1986.
1986 BUDGET REVENUE FORCAST
Telephone Taxation 6469
Grant in liew of Taxes 10000
Ontario Road Grant 35400
Ontario House Hold 10290
Ontario Resource Equalization 39027
Ontario General support 17568
l'Il Ontario Recreation 6000
Investment 2000
County Road Rebate 2000
Sundry Income - dog tags, photo copies 1500
Taxation 215201
IDRents 4000
349,455
11.1111111.1111 .
THE CORPORATION OF THE VILLAGE�yOF PORT BURWELL
p(p
BY-LAW NO. "9
A by-law to authorize the carrying on of a
program of Recreation within the meaning of
the Regulations under the Ministry of Culture
and Recreation Act, 1975, to provide for the
establishment, operation and maintenance of
Community Centres pursuant to the Community
Centres Act , and the Regulations made there-
under.
IllpWHEREAS pursuant to the Ministry of Culture and Recreation
Act , 1975, the Municipal Act and the Community Centres Act the
Council is authorized to pass by-laws to provide for the establishment ,
operation and maintenance of Community Centres;
AND WHEREAS council deems it expedient to so provide.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF
PORT BURWELL ENACTS AS FOLLOWS;
1. a) Pursuant to Regulations made under the Ministry of Culture and
Recreation Act, 1975, a Program of Recreation is hereby
established for the residents of the Municipality.
b) Pursuant to the Community Centres Act and the regulations
made thereunder, a Community Centre (or Centres) is hereby
established for the residents of the Municipality.
c) The said Program of R;creation and the said Community Centre
(or Centres ) shall be directed, managed, and controlled on
behalf of the Concil of the Corporation by a Board know as
the Port Burwell Recreation Board, herein referred to as the
"Board".
2. The said Boated shall consist of not less than 7 members appointed
from time/to time by council and for a term stated therein, and
the appq-intments shall be consistant with the Community Centre Act.
3. Subject to the approval of Council the said Board shall formulate
policies, rules and regulations for and relating to the Administration
of!/Community Programs of Recreation.
. a), the said Board shall conduct and spervise organized public
i
recreation activities and is authorized to provide and establish,
operate, conduct , and maintain a supervised recreation system
and to operate, improve and maintain property both real and
personal for playgrounds, recreation centres and other
recreational facilities and activities.
4. The said Board shall operate, maintain, manage and develop on
behalf of the said Corporation all recreational centres,
playgrounds and other real property of a like nature vested in or
leased by the Corporation and used or designed for recreational
purposes and shall be in charge of, manage and make available for
recreational purposes all personal property belonging to the
-2-
said Corporation and used or designed for recreational purposes.
5. The said Board shall hold regular monthly meetings.
alAt any meeting of the said Board a quorum shall consist of
a minimum of five members, one of which must be a member of
Council.
7. The said Board shall elect a Chairman annually from amoung its
members and such other officers as may be required.
8. The said Board shall submit to Council an annual report of its
activities and such other reports as may be required from time
to time.
9. When advisable, the said Board may appoint committees and authorize
such committees to establish and operate area community programs of
recreation, and the Board shall provide such services as it deems
necessary to assist these committees in carrying on their activities.
10. The said Committee shall be composed of any number of members that
the Board may from time to time determine and may be dissolved at any
time by the said Board.
11. On or before the first day of February in each year the said
Board shall submit and interpret to Council of the said Corporation
a detailed estimate of its budget requirements for the then current
year. All books and accounts of the said Board shall be kept by
the Treasurer of the Corporation and a treasurer appointed by the
Board.
12. No debt or obligation shall be incurred by the said Board and no
payments shall be made by or on behalf of the said Board unless
duly authorized by Resolution of Council.
13. The said Board may incur expenses to the extent provided in the
annual report ands approved by the Council of the Corporation
all of which expenditures shall be submitted to Council for
approval and payment thereby.
�4 . The said Board may prescribe fees for participating in or admittance
to any part of the community program of recreation or facilities
used.
15. The said Board may solicit or receive gifts or bequests of money
and services on behalf of the Village, to be applied in furtherance
of the community program of recreation.
I
-3-
16. The said Board may recommend to the Municipal Council the appointment
of a properly trained and qualified Municipal Recreation Director
shall be responsible to Council of the Corporation of the Village of
•Port
Burwell throught the mid Board.
17. The duties and responsibilities of the Director shall be set forth
from time to time by the Council of the Corporation.
18. In carrying out the provisions of this by-law, the said Board shall
110 at all times be the agent of the Municipal Corporation and while
acting bona fide within the limits of the authority of this by-law,
neither the Board nor any member thereof shall incur any liability
by the reason of anything done or left undone by the Board; provided
however, that nothing in this paragraph contained shall authorize
or empower the board to incur any debt , liability or obligation for
which the Municipal Corporation shall become liable without having
previously obtained the consent of the Council of the Corporation.
19. This by-law to come into effect on Wednesday, June 25, 1986 at
10:00 A.M. and repeals and resinds all previous by-laws dealing with
establishing a recreation committee or Board.
THIS By-law shall come into full force and effect upon the final
passing thereof.
READ A FIRST TIME _4- :3,/ r v
READ A SECOND TIME ^_k 'Z '3/e r Ce`i„...,:A)
READ A THIRD TIME AND FINALLY PASSED THIS .2 3 DAY OF �,.. . 1?�
/6e , Cil
Reeve
Ron Bradfield
Village of Port Burwe
lif, -Ar'
' Cl: k
lwood
!I
THE CORPORATION OF THE VILLACE OF PORT BURWELL
BY-LAW NO.86-10
4111
A by-law to authorize the carrying on of a
recreation within the meaning of the Regulations
under the Ministry of Culture and Recreation
Act , 1975, to provide for operation, maintenance
. and management of parks and to provide for the
establishment , operation, and maintenance of
Community Centres pursuant to the Community
Centres Act and Regulations made there-under.
THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS;
1. Pursuant to Regulations made under the Ministry of Culture and
Recreation Act, 1975, a program of recreation is hereby established
for the residents of the Municipality.
2. The said Board shall consist of not less than ( 7) seven members
appointed from time totime by by-law of Council and for a term stated
therein,
(2 ) two of whom shall be members of the Municipal Council. The
term of the Board shall run up until the 31st day of December, 1986.
3. The members shall be:
plcc k, ' .,c,,,(V
, \\ Q \(( cti \
•c-44 elk \\1,\\(, \\\1,\\(, \`P \
.11
r• .• • .► r, .
)., i `
C.:, n&sstl. n
4. This by-law repeals and supercedes all other by-laws which contravene
IIIthe above provisions.
•D A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED AND CARRIED THIS
3 DAY OF ,Js,.. �, (9s.h.
i::7, 4/ePg
Reeve
Ron Br..field
A -.021111111,
Cle/k
Elwoo. . ty
r
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 86-11
BEING a by-law to establish an operating
ilkaccount for the Port Burwell Recreation
Board.
WHEREAS by-law number 85-9 establishes a Recreation Board
for Port Burwell the Treasurer is authorized to establish an
1, operating account at the) Canadian Imperial Bank of Commerce in
Port Burwell with the following conditions;
1. All cheques are to be signed by the Treasurer of the Corporation
of the Village' of Port Burwell and a second person appointed by the
6 Recreation Board; -
2. All funds of this account are to be kept separate from all other
Village funds.
3. The treasurer is authorized from time to time if surpluses are
present in this account to purchase short term guarenteed
investment Certificate from the Bank of Commerce and to deposit
the earned interest into this account for the benefit of the
Port Burwell Recreation Board.
READ A FIRST TIME
Q` 3 /786 C .44.4/ ci
/01
)
READ A SECOND TIME yJ-4�--c 23 19,5'6 av,-�-�
READ A THIRD TIME AND/ FINALLY PASSED AND CARRIED THIS :23 ct/°i `' -f
�k' �4 g(c
irC, 4...-e9yi 4
Reeve
Ron Bradfield
Village of Port Burwell
/"( 1
Vtli
,zood Varty
r
/Fr—
VILLAGE OF PORT BURWELL
BY-LAW 86-12#
A by-law to authorize the expropriation of land
ilbuildings and improvements thereon for the purpose of establishing
, eum.
WHEREAS under section 193 of the Municipal Act being Chapter 302
IlltSO 1980 the council of every Corporation may pass by-laws for acquiring
or expropriating any land required for the purpose of the Corporation;
and whereas in exercise of its powers and in performance of its
obligations under section 208 of the Municipal Act being Chapter 302
RSO 1980 paragraph 57 and other statutes the Village•of Port Burwell
finds or may find it neeess-ary to expropriate land and buildings or
improvements thereon as shown on schedule "A" attached.
BE IT therefore enacted by the Municipal Council of the Corporation
of the Village of Port Burwell;
1 . That the Reeve and Clerk of the Corporation of the Village of Port
Burwell be and are, authorized to sign any and all documents relating
to the property to be expropriated as shown on schedule "A" attached
and to affix thereto the Seal of the Corporation and to register
the same in the County of Elgin Registry Office.
2. That the Treasurer be and is hereby authorized to pay to the
owners of the lands hereby expropriated such amounts as may be
agreed upon as compensation as may be determined by arbitration
under provisions of the Expropriation Act being Chapter 148 RSO 1980
or as maybe determined by mutual agreement.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS 29th DAY OF September 1986
Ron Bradfiel-r
Reeve
11111/
wod ty
Clerk
Village of Port Burwell
Illr—
VILLAGE OF PORT BURWELL
BY-LAW 86-12#
A by-law to authorize the expropriation of land
buildings and improvements thereon for the purpose of establishing
Deum.
WHEREAS under section 193 of the Municipal Act being Chapter 302
•SO 1980 the council of every Corporation may pass by-laws for acquiring
or expropriating any land required for the purpose of the Corporation;
and whereas in exercise of its powers and in performance of its
obligations under section 208 of the Municipal Act being Chapter 302
RSO 1980 paragraph 5' and other statutes the Village -of Port Burwell
finds or may find it neeess.ary to expropriate land and buildings or
improvements thereon as shown on schedule "A" attached.
BE IT therefore enacted by the Municipal Council of the Corporation
of the Village of Port Burwell ;
1 . That the Reeve and Clerk of the Corporation of the Village of Port
Burwell be and are, authorized to sign any and all documents relating
to the property to be expropriated as shown on schedule "A" attached
and to affix thereto the Seal of the Corporation and to register
the same in the County of Elgin Registry Office.
2. That the Treasurer be and is hereby authorized to pay to the
owners of the lands hereby expropriated such amounts as may be
agreed upon as compensation as may be determined by arbitration
under provisions of the Expropriation Act being Chapter 148 RSO 1980
or as maybe determined by mutual agreement.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS 29th DAY OF September 1986
41111
1 ie
Ron Bradfielqf
Reeve
:Aj
11111(
wod arty
Clerk
Village of Port Burwell
,,ii 1 ,. Wii-4.0.•- ,VAA::,:i ill,.(‘1(4 irciiA,..,,tiA, 1//i.a:,,6);
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made
thousand eight hundred arid iscv'entyftrc_. one -.'. . --
- -. ... _.••
ring 5itort t ornt.,.... of C.:_oituciraitcv,..;: -. --- - .--------- .lit l'ut.'5uitucc- .1)-t the (A'ct ::':: '.1::;••
cs i • . • • • , •,• , •.‘ . _, 12:
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ralet it oetertbr it'..et-i.ZIE-9-tc-cii. ce-•-t•6 Utlair ,,- 43#Sait.reir_ILLzicr 1 :
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Si the LEA.-1 s.4-44/4.- • of XiIii 4.1.l t.t. . j• - . - .• -., ....-4- 4'2
in the County of a c..i. iii_. . ,....L__ • 4. ..,•!.
and Province of Ontario, hereinafter called The Grantor, N.. -.1.-
• -.. -
of the FIRST FART• and JL l://,.,,-e-ncs-d.s.,ef ite-( 4,/a -,4f-.4.4 c. a/1;c!., ' g dAt4.4.4 , •• !'''.
. C.,a e/i 1st-a-ca,.ci pCrek; al(0 el.Lc.i'.214-;1.—1 l'.21-2.4/..c_ A-1-13/itt,„c. ,-4.d Gii4 ./k2.,...e...,• • ':Y;
• • - ?-.:('`°""•4'47-1,..,‘...4.4.4417..1%4 .4 ‘, /yrfic.
7 .- -/4,607......,.....
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—
.• s • .•-, :• -f-
- of il -4..._of.7.31-74 4.4.1.40--..—. .--in the County Of i.1)-9--€44-
•
___ .___ and said Province, hereinafter called The Trustees, of the SECOND PART; • '!".
— ..414.44 :e?de-ieje-44..4.6‘,,e4re--/-etri/dte.,44,-;•‘tii7i, ciiisha.4,..-if_e_hai.4, , ..• • -_
a. / . • .
•il _../Lail irfreird /14,4..1--/a4 pit.1/. iZrit-eiz....../- _ ..
0 G.' --7 . : •. •
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..... ._ ......._ __ _ . .. . . — .. . — _
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Vallierqa5, by an Act of the Legislature of Ontario, passed in the Thirty-Sixth Year;Jr --
l . • .e.
the Reign of Her Majesty Queen Victoria, and intituled, "An Act respecting the Property of ..- -.
...
Religious Institutions," any Religious Society or Congregation of Christians desirous of taking a . •:-.
. -
. con veyance of land for the site of a Church, Chapel, Meeting House. Burial Ground, Residence for .
, a Minister,or for'any other religious or congregational purpose'whatever,are authorized to ippoint ...• -*
•
Trustees, to whom, and their successors to lie appointed in the manner specified in the deed of .. -
-.,- - . — . •
conveyance, the land requisite for all or any of the purposes aforesaid may be caveyed. . ' . ..... • • • '.
' - -
- • ... •• • .
. ... .
(Alta (ckacr.car.i, a Religions Society or Congregation of Christians known as "The .__
Church," desire to take a conveyance of . •
. -.1--1.-s•-,.-,,,,,Zte_Bapttst the land hcrei. after , .
,.. . ,
for mentioned for the site of a church, chapel or meeting houselos-r. - • - -
el . _ . • • - . ,-• • .
lb- .
L.*
the support of Public Worship and the propagation of the Christian Religion, and bare appointed • .
the said parties of the Second Part to be Trustees for the purpose of taking a conveyance of the •
said hinds, and holding the same for the use of the said Society. . . . • , . ... . r .
• . - • -
• . ,
. • • • s.
(Aua 4VItcrra5,
the said grantor bath agreed to sell and convey the said lands for the price of •• • -
. „
--,---7-'7-7) V. -- Z('''/- . -• . . . . . — •
. .
. • • - - - -• - • - .' -
.
...- . .--., .... !rt.:.. ....:•• ,-:-.. • •-..• • -• -
•
:• cr*-g tu tlii.5 guttraturc Uittir,5rici1t, that in consae;ation of,;//, 2f2-:/ ...... '''-----.
1.;!.. ..
nf lawful money of Canada;now paid by L.
said Tr':•tees unto the said grantor (the receipt whereof is hereby acknowledged) the said 7'. • .:.
cantor 171a111 t,:rzut unto said Trustees and their successors for ever: gAlt nud 5ingulnr,1 that
_, .... ,
ii certain parcel or tract ofland and premises situate,lying and being i h.I . uri,,LX _,/,7 • , •-"-
-• ../- 2
— • - ze..z, .6::,... ______6• ,,L. _,
.__.a. . 'NA. re° .i.... th....eaci..061124..r.t.6-C/bed-h.:. &I-1;e041t,Lic.I. P•4.„,(41,,gi:Glitsos. j7 •
,, ,
/./.. 6,. , -• . -: , . : .
6(21:-Atr.r4<-W.,-_./4.441•4*-21....-ete•--(24-.
- •• /_ ,- A .: _...../* - .y # , if.. . ...
-
• 114.1. ' .:-/ 6
41A...e...iezazu.c..4-•&....C.1,4./ L...,a.u...dziZej../14..47, .../..4„.- ...t.
i • • / .1 7
./.; -?-e..Za......ce.A.,-z..7 d'
;i. ... di it . 4•-•ff_./4(.4.L.,0,7‘ i3•4.-.* ,--e4.1 s•t 4.G44.At.s 41.2/47,....i
- . --
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x /- L riz A "G le( laCr pi t.rt.:i'if zel j IL, -4 144.-4 4.17Z..14.4../..114 IL6Ztraf47-6/i
.•
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ezilella.a..24, ,./&z,z, ...7 -•----
:b. :__ ..1... .
a P .; itzt.Act.-/4•)-
,
e.1
.l ii. f� _�:..%?r.«..,�.:l 614. .:�..(:..4/7•_:,tat./ �,li�, leza../1.�..,L;%i�,�C.1/= fi,
G it. .i',
.¢�1 !t<.�..f..r��',:..�<.�Aa«��ill.�_��../f�:;•l�i�c c' �.cr[��u�.11���,..�,.�u.n'l
1.
Pitea.../d.4_4c,T..: ---
{ Via• .‘.. . *
' r. , • • 't • •
j'�
•
i
•7•• L • *.
• • • i
•
.s.,-.; . 111 ,clinic and Io•io1d, unto the said Trustees, and t� •r successors for ever,by the name'
:" of"The Trustees of this [`�a �s.G. � A[,2� /_LBaptis't.Chime
uroN Tnusv that the same shall be field for the use, fur the purposes aforesaid, of ie Members of a .
•:: . Regular Baptist Church, which Church small be exclusively composed of persons who have been • •
';r;;.' • .baptized by.immersion,'on a personal profession of their faith in Christ,and holding the following •,
,�, •doctrines, that•is to say : •
'•.gi,.Tbe'being and unity of God: .the existence of three equal persons in the Godhead: the
•7::f i i•nspir tion of the old and new Testaments; the total depravity of man; election according to the:. .
. •forekuoiv]edee of.God; the Divinity of Chri<t and the all sufficiency of his atemeiuent; justification -
_ .by•faith alone inthe righteousness of Clu•ist; the work of the Holy Spirit in regeneration;
• perseverance of the Saints; the resurrection of the dead; the final judgment; the punishment of
•e t the•wicked, arid the blessedness of the righteous;both eternal; the immersion of believers in water '1 i
• in time name of th F other 'Son and ]Iol S irit time onlythe Lord's aprivilege•.•,,.
Y P , baptism; Supper,
peculiar to baptizedbelievers;a Church;a company of baptized believers voluntarily associated and=,
Meeting in one place on -the first day of the week fur mutual edification and the maintenance and
propagation of these doctrine•s;• the word of God a complete and infallible rule of faith and : .
ptactice; the religious observance of the first day of the week;and the obligation of every intelligent:•
-creature to believe the record.iwhich God ha' given of his Son. _ - • ._ : .
.- r _ ,.
�
'i` • Ud Xlpau ist, at all times to permit any-Church, Chapel or Meeting house then upon
1.' . the said land,to be used by the said Society for the purpose of Public Worship,and for the business'-:•
and other,meetings of the said Society, and fur the purpose of holding a Sunday School when and '';
1 as the said Society'may direct. • • •. ;t,;,f.,,•:/• ._ - • -• .
Attar upon f rn5t) at.all times here ►fter to permit.any Minister or Preacher,duly authorized
• by the a
sid Church, to officiate in any Church, Chapel or Meeting House then being upon, the said
! • land. - • •
end roan tbras}) to apply the rents or profits derived from any portion of the said land•—
towards the support of Public Worship in the said church, chapel or meeting house, or towards the-.
3. ' repair and improvement of the said property,or to such other religious purpose as may be designated
•
•
t_ " • . :by the said Society. . . . - _ -- .. _ . - .. -•- _�. :.
• 1" �' t a-el T, �'rdfre that the Trustees shall'be three in number,and when and as often.:
'renumber . �� •� FA 4'i R• ) ,
"1.15 `1 . as anyTrustee shall die, be excluded from the fellowshipof the said Church, remove from Ontario
•rete, gee ,.
lrt"""sae•r •'unite with any other religious deuumivation, resign or be discharged from office by the said Church
+e .
'`'"t' by a two-thirds vote of the members present at any regular Church meeting,a.week'spublic.noti e
• - . having been given that at such meeting the subject of Removal ,f ChurchTrustees would be,
- . considered, then the Pace of such Trustee shall be deemed vaesmt, and may be filled by the said
.. t Church by a two-thirds vote of the members present at any. regular Church meeting,a week's
• -public_notice haviug been given in manner aforesaid : `nd it iS farther declared, that if it isstate�d-
in the notice to be the intuition to proceed also with the election of Trustees.at-the meeting at•
:• which the question of Removal of Church Trustees is to b_ considered; then,-in that ease,tt-sliall-
bs lawful to fill any v.v: ir.y nt such meeting. It is hereby declared that nopersocishall be eligible
and it is 1xcrtbu fnrtlirr tltclaretl, that a minute or any notice as aforesaid, also of any .
Y. discharge or election,shall be entered in the Church Book by the Church Clerk,and the said minutes
shall be sufficient evidence of such discharge and election as aforesaid. •
mie.Ude 4lnb it is hcrtbp furtlttr bcclatcb, that in case the said Church shall cease to exist, then the
wmoat
e Coo. were hereby vested'in such Church for the removal or'nppointtnent of Trustees shall vestin the
Executive Board of the Regular Baptist Missionary Convention of Ontario, and may be: exercised
• by the said Board at guy of its regular Quarterly Meetings,until the reorganization of the said Church;.. .
when the said powers shall again, rf4so fart*, vest in the said Church so re-organized. roridetl t
Always, that while the existence of the said Church is suspended, the Trustees, for the time, shall ;: i
••
be under obligation to open the said church, chapel or meeting house fur regular or occasional t
service to.any Minister or Missionary of the Regular Baptist Denomination, who shall be in '•',i
•
=?: :
noun#u of F /1 a...4"2..2-.
. '�' .,_.G.y /{.,., • .
•• • - of the• )- �¢•tei:9 of /r,f& �.. _
. r I 4 i TO WIT: O • .Ce.-4..,..,.....,42.....4
/ // in the Counts f � t
Cl.e zrzezi,o �/ f1�1��Gt—. • r
•
• . I ' ' 1 i make oath and say 1
�,• i*• . '~ . 1.- ,' l ti • • . 1. That I was personally present,.and did see the within instrument,and a
, \ duplicate thereof, dul signed, scaled and executed byes-d.j....), 'i......� -,j"" �" '"'•
r - ` 1�ti,• I►:G[.�...�o4 L l......w /..c.c....�.. t:.L.c�--tia....i
' • T le Trus/ces of the • ; ; 7.11","'" 'r;;.• + \r<<<.> ,(_.�- ,`;,,�. .'..�•_ _ the parties thereto.
•
. • • �r1 , . r I. ;' • 2. That the said instrument and duplicate were executed�b} the said parties
-- .0. • ` �' at the /'..LL ate/c7e'7'----/I-1-,k- A .. ..--e-t— tee: r.�� • �'
•
. : C J Af 4 i �•' iY ! I1. tJt t.'•
_ 3. That I know the raid parties,;��
• • s :a i 4: That I.-am a subscribing witness to the said instrument and duplicate.
i. 9 !.,D: .•.. ',': .� •
' •e ja' horn before me at ✓� ,.,(,4. • i
•, .. .. .
• F• in the County of • q,,,J, 4----7---. a
co�TTTPVT 4 •:
•. -Tc� or •
LOT. ' k: . this J .
r.'' - -- - — -- ---- --'-'' `'�; day of Q..,,,-i;, 'j...:.!,:-•A.• .D.1S75 ., ,• • . . .
•
. ' . '.'.art:' ;.J'.-�• J.• '�'•rr..;: :r-4r;;:is; ' • t' �Y•-J2�iLL It c,...,`1t,,..., • ;.f •
• <1•' c-J.tf.'L iii rr; .J: f:ie J� '' r,.i : .1', • -, .7775•e i 4 Co�miuioner,
it • :: .. r'� ,{ =t �' �` i• int
•. �.- J:at yt.G:• :1rJ=r-4::. •r .•"'' i{, :• i f • INSTEIJ'CTIONS FOR EEZ"IITI0:1 &t '(not to be c3
. . .. ,•_ : ''.7:;_: 1•' C.,f'a b9 tho E:Ssirar.)
. }} •( � Pc; The Execution by all the Grantors must be'provesby.affidavit of a subscribing witness,
:,1:_:.'....•
•
: .�:,_ •' � ar/04•01..g.14..� X,:, �• •�O•• . 'i • �.•./}vi'lich•may be sworn in Ontario before the Registjar r hiseputy, sof an •
r e a Judge Y of the
,�•• . 11. ...;� •. /• i•/ Superior Courts,a Ju re of a County Court within his ounty, o Commissioner author d by
, .`.,1,z••••••�•: x•.•1..1.-•,;;Z. .':•_;.,.$,V,`•.9vi•I,; ..i s any •of the Superior Courts to take af5davits3 •s• .
1. , .7.: 1,,,,A7..--• ,..•;'• ,� t •'•-,A'''' The witness should •now thearty or parties w e execution h '
�•" �_ 'fie,• •``'` • • r; ••f:i:.•'' 1 It is enacted• by 'on Is, chapter t3s 36. ic,that"the tees
_ 4• r t I a•• �• 14cncrtin after the execs • .of Douro(Con a the sivi-' '
,yt. .� ((:.� J:!•�7� 4'.'•.tt ' ' .:.i•.l.µ- L . Cause. ,�f in . �� �`
.. :.`i71 ..;t. `A 71/4 • 'L.A", r�!�► 1.'i'1fOr! •:+ •ill!Office of the Reristrir of the minty 41.R:•M...:':..:..s,3.;.�, I....3.- - <. . _
Form 101--Deed Without Dower Lt Peon United St.tlon.q Co. Limited. Intel Form Dept.
NI Richmond St.W.,Toronto.
ais 1 natal:unto.
I
Imade (in duplicate) the fourth day of October, '
i
II one thou:and nine hundred and sixty-one.
•
In lursuanrr of Lht mini t Norms of (fnnarganrrs Art.
i
ttWan
3inerva Fleming of the City of Woodstock, in the
County of Oxford, didow, hereinafter called the Grantor,
OF THE FIRST PART,
• ]; -and- . .
••�. The Corporation of the Village of Port Burwell,
' • is hereinafter called the Grantee,
• ' OF THE SECOND FART.
' ' •
r•
' • WHEREAS by deed registered on the 4th day of November, 1944, as
, Number 26667 the hereinafter described lands were conveyed to
: : ];
the said Grantor and her husband, Robert James Fleming, as joint
. . • tenants and not as tenants in common.
• AND W7ERE'AS the said Robert James Fleming died on or about the
30th day of .Decernber, 1959, and by virtue of her survivorship
the Grantor is now the owner of the said lands.
AND WHEREAS Certificate that all Succession Duties have been
paid, issued by the Treasurer of Ontario as Number 215675 on
the 26th day of September, 1961, was registered in the Registry
Office for the County of Elgin on the 2nd day of October, 191,
as -umber 84619.
ZgattlitiOttb that in consideration of One
-Dollars of lawful money of Canada, now paid. II
by the said Grantee to the said Grantor ,the receipt whereof is hereby
i
I by her acknowledged, -,:he the said Grantor Ea th osrant
unto said Grantee in fee simple.
All and eingular th nt certain parcel or tract of land and premises ,
situate, lying and being Lot Number Fifteen on the east side of
Robinson Street, in the Village of Port Bur••rell, in the County
of Elgin and Province of Ontario, as shown on registered Plan
te
No. 12..
i
successors
,rw',11, Co hour anb to ho1L unto the said Grantee its Ada and assigns to
r.r.a
peed
w tho t Dowel. and for it and their sole and only use forever.
£zubtrrt nrurrthelrns to the reservations, limitations, provisos and conditions
expressed in the original grant thereof from the Crown.
..� She said Grantor (Lournant swith the said Grantee khat she has the
1' right to convey the "said lands to the said Grantee notwithstanding any act
of the said Grantor.
And that the said Grantee shall have quiet possession of the said lands, free
1
• from all incumbrances.
1
And the said Grantor Tuuruant s with the said Grantee that she will
execute such further assurances of the said lands as may be requisite.
And the said Grantor (Covenant swith the said Grantee that s he ha s
done no act to incumber the said lands.
And the said Grantor arlraesrs to the said Grantee All her
claims upon the said lands.
In '•'':: itntso Slibertof the said parties hereto have hereunto set
their hands and seals.
Signeb. Braley anb &rllurrrb
IN THE PRESENCE OF
Per.4AFFIDAVIT AS TO MARRIAGE STATUS
For woe with County
'. nu Doer ( UNDER THE REGISTRY ACT AND LAND TITLES ACT
peed of Oxford
To Wit:
I, Minerva Fleming,
in the within instrument named make oath and say:
THAT at the time of the execution and delivery by me of the within instrument I was
Still,nut
...rd.and
part.
[rnat•xied 4nwma ried},-[a widower},-and of the full age of twenty-one years ol<x and the
and initial. recitals herein contained are true.
THAT-at-the•ti+ne_ef-the-exeeutien-and-delivery-by Arte-of the-within tri*ment-I-we,-
MarriM nun
rile Mining.
legally-married to .... ,the•person-joining
therein as my wife-to-bar her-dower and-was-of the foil-age-of twenty-one years er-
Mari l.d
THAT-at-the time-of the exectftien and-delivery-ef-the-veithininstritment,-F-was-legally
tear�ied to the parson-named-therein-as-
my-h*sband,-and he wee of thefell age-cif-twenty-one-years.
SWORN before me at the City
a Woodstock,
•, in the County
of 0x#'ord
this 3„If day of October,
is 61.
A Com sioner for king Affidavits,etc.
AFFIDAVIT UNDER LANDS TRANSFER TAX ACT
In the Matter of The Land Transfer Tax Act
Province of Ontario l I, Minerva Fleming,
County of the City of Woodstock,
of in the County of Oxford, Widow,
Oxford
To Wit: make oath and say:
Thio.Rldavit may 1. I am the Grantor
he made by the
,,.rehaaer or von_ named in the within (or annexed) transfer.
slur or by any onir
arcing for them 2. i have a personal knowledge of the facts stated in this affidavit.
oder power of
genta accredited br.n 3. The true amount of the monies in cash and the value of ro rt or included in the
write gthepur any property Y security
writing by ehr pur consideration is as follows:
chaser or vendor
or by theeoliritor (a) Moniespaidn cash 1.00
i
„f either of them. ----...._----------...._.....------------'__-_'_" -•— �•— ---
(b) Property transferred in exchange: Equity value =______ _ _
Encumbrances.__ —_��..r =_.-____-_ blanks An
(e) Securities transferred to the value of _.—__...________.._ — __ ni must
sllel
(d) Balances of existing encumbrances with interest owing at date of transfer =___.__— _nil — e.
la
(e) Monies secured by mortgage under this transaction_— —_ _ __—.. nil._
(1) Liens,annuities and maintenance charges to which transfer is subject _ ..
Total consideration _ _.-_.__ _..___I.QQ
4. if-censideration-is-nomrirrsi7 isthe trans/sr for natural love.and-a/ectlen?..___•
Clause 4.; 5. 1f-err-what-is the ra ationehipbetween-Grnnter-.wd-Grantee?---.._.._..._
erad t should
e.truck ons 6. Other.remarks.and-explanations,if-Meeeseayy.-
if not.pplicabl. — — —
necalauce
____--__.........
•
SWORN before me at the City
of Woodstock, 1 /,
oothr County
r Oxford
this LIZ day sober, C
Is 61. J •
A Commissioner or taking Atli vita,etc.
Pae.c AFFIDAVIT AS TO MARRIAGE STATUS
...r with County
Feral no Dower UNDER THE REi8TRY ACT AND LAND TITLES ACT
of Oxford
To Wit:
I, Minerva Fleming,
in the within instrument named make oath and say:
THAT at the time of the execution and delivery by me of the within instrument I was
St.ike.mt
word.and
!ulna not f Iaar.i -(yamaKyed} a
-{a widower ,- nd of the full age of twenty-one years 0 x and the
“Mhutblr
• .l roilial. recitals herein contain.d are true.
TWAT-at-the Aiinef-the-exoeutien$flddelivery.hy-me-ef the-within rnstrament-I-was-
Married man J
wile pursing.
legally-married 4e .._..._.. .._----.-•--•-•-.•-•-••...............--•---- ,the-peraorrjeireing-
•
therein my-w+fe-to her her-dower-and-was-of the fell-age-of twenty-one years er-
M.
THAT-at-the.time-of tate elrecution and-delivery-ef-the-within instrtrment,-I-was-tegahly
alarried to . , the porsoi.earned-therein-as-
my fittsband,-e -he-wee of the-fall age-ef-twenty-one-yeare.
SWORN before me at the City ��
in Woodstock, /�io l
in the County ( V`"(12-
of Oxford
this j„ day or October,
1961.
A Com sinner for king Affidavits.etc.
AFFIDAVIT UNDER LANDS TRANSFER TAX ACT
In the Matter of The Land Transfer Tax Act
Province of Ontario l I, Minerva Fleming,
County /of the City of Woodstock,
of in the County of Oxford, Widow,
Oxford
To Wit: make oath and say:
TTis affidavit mar 1- I am the Grantor
be made by the named in the within (or annexed) transfer.
•or or by am one
sting for them 2. I have a personal knowledge of the facts stated in this affidavit.
under power of
agent ac Of by.n 3. The true amount of the monies in cash and the value of anyproperty or securityincluded in the
,rent accredited the .n P Pe Y
rritlnr by the pur consideration is as follows:
chaser or vendor
or by the solicitor 1 /�0.0
„f hill.,of them- (a) Monies paid in cash -------....__...._..------------___.__—_ — __---._----
(b) Property transferred in exchange: Equity value $.__.—____ $ nil
Encumbrances. __...._—_ _ ___..-- All
(c) Securities transferred to the value of _- blank.ni _..
be ailemu,t
n11 d
Id) Balances of existing encumbrances with interest owing at date of transfer $ — in
(e) Monies secured by mortgage under this transaction__.. ___—_ __ - ____. nil
(f) Liens,annuities and maintenance charges to which transfer is subject— .
Total consideration _._- $--__-1.QQ... --f
4 If•-censideratien-irmrmira}is the-tranetar for satusallove.and(ectien?_._____ ...._.....--.-----
Clause c.s 5. If-eer-what is She ralatioeehip-between(rsntor.aed-Grantee?...._.__
.rad t should
be struck out 6. Ocher remarks.and-explanations,if-reeeaeeey
if not applicable ._----•---'-•--•-•--'_—.—or neees.arr. ...............—.___. ---._.____—_—
SWORN before me at the City
in Woodstock, w�
oothe County ( ISL �C
r Oxford
this L,'Q day tober,
19 61. J ,
A Commissioner or taking Affi vita,etc.
. .
p/)/. I✓ez.e t�� / ' 4
17.-OF � of the of �j/e-t'-'i
in the
of
j� i
TO WIT: /'' a e a and say': ,
1. THAT I was personally present and d see the within or annexed-I ment and a duplicate th Kf duly
signed. sealed and executed by leiy,�
eye-6 of the parties theretq.
2. THAT the said Instrument and duplicate were executed by the said pay at thei of
3. THAT I know the said par
4. THAT I sin a subscribing tneas to the said Instrument and duplicate.
S�OR before me t the r�t (&......,,,,_,, of
/�i(� rote �L Z.;
of
this i C CP'
�� day oft,/.6....hc., c .i� -"Lc.eze-JLe. 2//er�LG�`-e
A.D. 196/ �i�
A Commissioner for taki Affidavits,etc.
OF 1,of the of in the
of
TO WIT: I make oath and say:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by
of the parties thereto.
2. THAT the said Instrument and duplicate were executed by the said part at the of
3. THAT I know the said part
4. THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before me at the of )
in the f
of
this day of
c
A.D. 19
A Commissioner for taking Affidavits, etc.
O
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THIS SPACE TO BE RESE.I{VED FOR REGISTRY OFFICE CERTIFICATES
The Corporation of the
Village of Port Burwell („0
it
/ J0'
11111 BY-LAW 86-13
(Illi'
WHEREAS "The East Elgin Official Plan” (consolidated for the Village
of Port Burwell, 1983 ) in Section 3.4 . 5. allows for the designation of
Institutional uses by a zoning by-law.
r WHEREAS the council of the Village of Port Burwell deems it necessary
for a Senior Citizens Home to be constructed as soon as possible on
lot 22 and 23 East Side of Shakespeare Street and onlot 23 and 24 West
Side of Milton Street , Plan 12.
WHEREAS by-law number 364 has not received three readings.
NOW THEREFOR all items of by-law 364 are enacted thatare part of
Institutional ( I ) zoning and as it relates to the above four lots.
NOW THEREFOR lots 22, and 23 on East Side of Shakespeare Street
Plan 12 and lots 23 and 24 on the West Side of Milton Street are zoned
Institutional.
This by-law to come into effect and force upon approval of the
Ontario Municipal Board.
The attached schedule "A" forms part of this by-law.
READ A FIRST TIME September 29, 1986.
READ A SECOND TIME September 29, 1986.
READ A THIRD TIME September 29, 1986.
Ron Bradfield, Reeve
Village of Port Burwell
•
El'ood arty, Clerk
illage—eff Port Burwell
7/LQ I/L-A--k.L I
P-714 ee---/
EXPLANATORY NOTE
1110 BY-LAW NO. 364
VILLAGE OF PORT BURWELL
By-law No. 364 is a comprehensive zoning by-law for the Village
of Port Burwell. The By-law implements the Official Plan of the
East Elgin Planning Area as it applies to the Village .
The By-law regulates the use of all land , buildings and structures
in Port Burwell. It authorizes the uses (i .e: residential,
commercial, industrial) set out in the accompanying and attached
schedule (zone map) , and prohibits any use of land or the con-
struction and use of buildings and structures not specifically
authorized. Exceptions to this rule are limited to those uses ,
lawfully in existence on the day the By-law was adopted and to
those uses the plans for which have been approved by the Village
Council prior to the day of the passing of the By-law. In
addition, the By-law also permits lots existing as of the date
of passing of the By-law with less than the minimum lot area, lot
frontage or lot depth to be developed for the uses specified in
the appropriate zone provided all other reculations in the By-law
can be satisfied.
All measurements in the By-law are in metric units. The abbrevia-
• tion 'm' represents metres , 'm2 ' represents square metres and
'ha ' represents hectares . Conversion tables are provided at the
back of the By-law for convenience.
A brief summary of the provisions of By-law No. 364 are provided
below. Council urges you read the entire By-law and to note in
particular how it affects your property . Applications to amend
the By-law may be made at any time .
SUMMARY OF BY-LAW ZONE REGULATIONS
AGRICULTURAL (A) ZONE
The A zone permits agricultural uses, existing residential uses,
farm buildings and structures including one single family de-
tached dwelling on one lot, home occupations and accessory uses.
The minimum lot area in an agricultural zone is 10 hectares
(25 acres) with a minimum lot frontage of 150 metres (492 feet) .
The minimum floor area for a single family detached dwelling is
78 square metres (840 square feet) . Maximum lot coverage for
any structure in an A zone is 20 percent with a minimum front
yard of 18 metres (60 "feet) , and a minimum rear yard of 15
metres (49 feet) .
•
RESIDENTIAL (P.1) ZONE
The R1 zone permits, one single. family detached dwelling; one
duplex dwelling; one semi-detached dwelling or one unit of a
semi-detached dwelling on one lot; multiple-family dwellings
with a maximum of four dwelling units ; home occupations; and
accessory uses . The minimum lot area for single family dwell-
ings is 1855 square metres (20, 000 square feet) where municipal
sanitary sewage disposal facilities and a piped municipal water
supply or a communal water supply are not available, and , 800
square metres (8, 600 square feet) where sewage disposal facilities
are not available but a piped municipal water supply or communal
water supply is available. The minimum lot area for one unit
of a semi-detached dwelling is 370 square metres (4 , 000 square
feet) . The minimum lot area for a multiple family dwelling is
1855 square metres where sanitary sewage disposal facilities and
a piped municipal water supply are not available and 1, 140 square
metres where a piped municipal water supply is available. Maximum
building coverage is 30 percent . for all dwellings except multiple
family buildings which may cover 40% of the lot. The minimum
lot frontage where a piped municipal water supply is available
is 20 metres (66 feet) and the minimum floor area is 78 square
metres (840 square feet) .
TRAVEL TRAILER PARK (TP) ZONE
•
The TP zone permits travel trailers; an administrative or rental
office; a recreational centre ; a private park; and a detached
single family dwelling for a caretaker or watchman. The minimum
lot area for each trailer site is 220 square metres (2368 square
feet) where septic tanks are used and 148 square metres (1593
square feet) where communal holding tanks are provided. The
minimum lot frontage is 12 metres (39 feet) and the minimum lot
depth is 18 metres (59 feet) except where communal sewage
facilities exist where it is 12 metres (39 feet) . A maximum
number of 60 travel trailers will be permitted in a travel trailer
park.
GENERAL COMMERCIAL (Cl) ZONE
The Cl zone permits a full range of commercial uses including
automobile service stations and sales establishments; banks;
hotels, motels and taverns; offices; restaurants; and retail
stores . The minimum lot area for General Commercial uses is
1855 square metres (20, 000 square feet) where municipal sanitary
sewage disposal facilities and a piped municipal water supply or
a communal water supply are not available .
Where municipal sanitary sewage disposal facilities are not
available but a piped municipal water supply or communal water
supply is available the minimum lot size shall be 800 square
metres (8 , 600 square feet) . Minimum lot frontage is 20 metres
al (66 feet) with a maximum building coverage of 60 percent and a
maximum building height of 12 metres (39 feet) . No front yard
is required along Robinson Strevt between Waterloo Street and
liltPitt Street, or along Wellington Street from Robinson Street
o Erieus Street but the minimum front yard elsewhere shall be
7 metres (23 feet) . The minimum side yard where the yard abuts
a Residential or Park an& Recreation Zone shall be a minimum of
4 . 0 metres (13 feet) , otherwise no side yard shall be required.
The minimum rear yard depth is 6 metres (20 feet) .
LOCAL COMMERCIAL (C2) ZONE
Permitted uses in the C2 zone include a neighbourhood retail
store; a variety store; an automobile service station; a T.V.
sales and service shop; a medical office or clinic; dwellings
connected to and forming an integral part of the commercial
building and provided with a separate access; and buildings
accessory to the foregoing uses . Regulations for minimum lot
areas are identical to those in the General Commercial (C1)
zone. Minimum lot frontage is 20 metres ( 66 feet) , maximum
building height is 12 metres (39 feet) , minimum front yard is
7 metres (23 feet) , and the minimum side yard is 4 metres
(13 feet) .
HARBOUR COMMERCIAL (C3) ZONE
The C3 zone permits marinas; boat construction; fishing
businesses; public and private parks; industrial uses including
boat repair operations, grain elevators; storage areas for
gas exploration equipment; and a heliport. The minimum lot areas ,
frontage, depth, and rear yard are the same as the General
Commercial Zone as are the maximum building coverage and building
height regulations.
INSTITUTIONAL (I) ZONE
All institutional uses including schools , hospitals, churches,
government offices and senior citizen homes are permitted in
this zone. Minimum lot areas of 1855 square metres (20, 000
square feet) and 800 square metres (8 , 600 square feet) are
determined by the availability of municipal services in the
same fashion as in commercial zones. Maximum building height
is 12 metres (39 feet) , minimum lot frontage is 20 metres
(66 feet) , and maximum building coverage is 40 percent.
INDUSTRIAL (M) ZONE
The M1 Zone permits manufacturing and industrial operations;
warehousing and storage uses; automobile body shops; offices
and retail outlets related to the industrial operations carried
on in the same' building; accessory buildings; arra dwelling units
in a portion of the non-residential building, in conformity with
R1 floor space regulations, for one caretaker or person and his
II family employed in the industrial operation permitted on the site.
The minimum lot area where municipal sanitary sewage disposal
facilities and a piped municipal water supply or a communal water
IPsupply are not available is 1855 square metres (20, 000 square
feet) . Where municipal sanitary sewage disposal facilities are
not available but a piped municipal water supply or a communal
water supply is available, the minimum lot area shall be 930
square metres (10, 000 square feet) . Additional M Zone regula-
tions include: minimum lot frontage 30 metres (98 feet) ; •
minimum lot depth 54 metres (177 feet) ; maximum building height
12 metres (39 feet) ; maximum building coverage 40 percent;
minimum front yard 9 metres (30 feet) .
PARK AND RECREATION (P) ZONE
The P Zone permits public or private parks, including play-
grounds; conservation areas; picnic facilities; Public
marinas; public buildings, including a museum or exhibition
arenas and areas or community halls; public parking areas;
dwelling units for caretakers;. and accessory buildings. Any
• buildings erected in a Park and Recreation (P) Zone shall be
set back a minimum distance of 7 metres (23 feet) from any
lot line.
HAZARD LAND (H) ZONE
The H Zone permits any outdoor recreation use including
conservation activities; public and private parks and golf
courses ; forestry and wildlife areas ; horticultural nurseries;
and agriculture . Buildings and structures are prohibited
except those necessary for flood prevention and control.
Ir
/
. TABLE OF CONTENTS
SECTION TITLE PAGE
1 Interpretation and Administration 1
2 Definitions 5
3 Zones and Zoning Map 18
4 General Provisions 20
5 Agricultural (A) Zone Regulations 29
\)6 Residential Zone 1 (R1) Regulations 30
Travel Trailer Park (TP) Zone Regulations 35
11 8 General Commercial (C1 ) Zone Regulations 36
i 9 Local Commercial (C2) Zone Regulations 39
10 Harbour Commercial (C3) Regulations 41
11 Institutional Zone (I) Regulations 43
1/4 ,,.12 Industrial Zone (M) Regulations 45
i 13 Park and Recreation (P) Zone Regulations 47
14 Hazard Land (H) Zone Regulations 49
Schedule A
Conversion Tables
- 1 -
•
BY-LAW NO. 364
RESTRICTED AREA BY-LAW
VILLAGE OF PORT BURWELL
A By-law to regulate the use of land, the character, loca-
tion and use of buildings and structures in the Village of
Port Burwell.
WHEREAS the Council of the Corporation of the Village of
Port Burwell deems it expedient to implement the Official
Plan of the East Elgin Planning Area ; and
WHEREAS authority is granted under Section 35 of The Plan-
ing Act, R. S .O. , 1970, subject to the approval of the
Ontario Municipal board, to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BURWELL ENACTS AS FOLLOWS :
SECTION 1 INTERPRT'TATION & ADMINISTRATION
1 . 1 SHORT TITLE
This By-law shall be known as the "Zoning
By-law" of the Corporation of the Village of
Port Burwell .
1 . 2 APPLICATION
The provisions of this By-law shall apply to all
lands within the boundaries of the Corporation of
the Village of Port Burwell as now or hereafter
legally constituted .
1 . 3 SCOPE
No lands shall be used and no buildings or struc-
tures shall be erected, built, constructed,
reconstructed, relocated, altered, enlarged or
used within the Village of Port Burwell except in
conformity with the provisions of this By-law.
1. 4 MINIMUM REQUIREMENTS
In interpreting and applying the provisions of
this By-law, they are held to be the minimum
110 - requirements for the promotion of the health,
safety, comfort, convenience, and general welfare
of the inhabitants oT the Municipality.
_ Z _
1 . 5 MEANING OF USE
Unless the context otherwise requires, the expres-
sion "use" or "to use" in this By-law includes
anything done or permitted by the owner or occu-
pant of any land or building, directly or indirectly
or by or th-rough any trustee, tenant, servant, or
agent, acting for or with the knowledge or consent
of such owner or occupant, for the purpose of
making use of the said land or building.
1 . 6 MEANING OF SHALL
In this By-law, the word "shall" shall always be
construed as mandatory.
1.7 NUMBER AND GENDER
In this By-law, unless the contrary intention
appears otherwise, words imparting the singular
•
number or the masculine gender only shall include
more persons , parties or things of the same kind
than one, and females as well as males, and the
converse.
1 . 8 ADMINISTRATION
This By-law shall be administered by the Building
Inspector or such other person as the Council of
the Village of Port Burwell designates.
1 . 9 INSPECTION OF PREMISES
The Building Inspector or any other person acting
under the direction of Council , may, at any reason-
able hour, enter and inspect a property or premises
where there is reason to believe that any land has
been used or any building or structure has been
erected, altered, or enlarged, or used in violation
of any of the provisions of this By-law.
1 . 10 APPLICATION FOR BUILDING PERMITS
In addition to all other requirements of the'
Ontario Building Code or any other building code
or building by-law, every applicant for a building
permit shall file with his application a plan, in
duplicate, drawn to scale, in metrics, showing the
true dimensions of the lot proposed to be built
upon or otherwise developed, the proposed location,
grade or height and dimensions of the building or
work in respect of which the permit is applied for
and the location on such lot of every existing
building, together with a statement, signed by the
owner, disclosing the exact use proposed for each
building aforesaid and give all information necessary
to determine whether or not such building and the
proposed use thereof conform with the requirements
of this By-law.
- 3 _
1 . 11 BUILDINGS TO BE MOVED
In all zones, any building or structure which is
moved from one location to another, whether within
the zone or from one zone to another; or from any
location beyond the boundary of the Municipality,
into any zone, shall be considered as being a new
building or structure and shall comply with the
provisions of this By-law. No building, residential
or otherwise, shall be moved within the limits of
the municipality or shall be moved into the Municipality
from outside without a permit from the Building
Inspector. This provision shall not apply to
utility sheds .
1 . 12 LICENCES AND PERMITS
No municipal permit, certificate, or licence shall
be issued which would allow a violation of any of
the provisions of this By-law.
1 . 13 VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses
any building in a manner contrary to any require-
ment 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, is
guilty of an offence and upon conviction shall be
liable to a fine not to exceed one thousand dollars
($1 , 000 . 00) exclusive of costs , for each offence,
and every such penalty shall be recoverable under
The Summary Convictions Act, R. S .O. , 1970 as amended
from time to time.
1 . 14 REMEDIES
Where any building is or is proposed to be erected,
altered , reconstructed , extended or enlarged, or
any building or part thereof is or is proposed to
• be used, or any land is or is proposed to be used,
in contravention of the provisions 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, R. S .O. , 1970, as amended from
time to time.
1 . 15 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality
under Section 35 of The Planning Act, R. S.O. , 1970
or a predecessor thereof are hereby repealed
- except to the same extent that any of the said
by-laws prohibit the use of any land, building,
or structure for a ,purpose that is also prohibited
by this By-law.
- 4
•
1 . 16 APPLICATION OF OTHER EY-LAWS
1111) Nothing in this By-law shall serve to relieve any
person from the obligation to comply with the
requirements of any other by-law of the Munici-
pality in force -from time to time or the obliga-
tion to obtain any license, permit, authority or
approval required under any by-law of the
Municipality .
1 . 17 VALIDITY
•
Should any section, clause or provision of this
By-law be held by a court of competent juris-
diction to be invalid, the validity of the re-
mainder of the By-law shall not be affected.
1 . 18- EFFECTIVE DATE
This By-law shall, upon approval of the Ontario
Municipal Board, come into full force and effect
as of the date of passing hereof.
•
•
- 5 -
SECTION 2 DEFINITIONS
2. 1 ACCESSORY, shall mean a use , a building or structure
that is normally incidental , subordinate and exclusively
devoted to a main use, building or structure and that
is located on the same lot.
2. 2 AGRICULTURAL USE, shall mean the cultivation of land,
the production of field crops and the selling of such
produced on the premises, and includes the breeding,
care and raising of livestock and the selling of such
livestock or the product of such livestock raised in
the premises.
2 . 3 ALTER, when used in reference to a building or structure
or part thereof, shall mean to change any one or more
of the internal or external dimensions of such building
or structure 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 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 street or lane ,
whether such alteration is made by conveyance or alie-
nation of any portion of said lot, or otherwise.
2 . 4 ATTACHED, shall mean a building otherwise complete in
itself , which depends for structural support, or complete
enclosure upon a division wall or walls shared in com-
mon with an adjacent building or buildings .
2. 5 AUTOMOBILE SALES ESTABLISHMENT, shall mean a building
or lot used for the display and sale of new and used
motor vehicles and may include the servicing , repair,
cleaning, polishing and greasing of motor vehicles ,
the sale of automotive accessories and related products
and the leasing or renting of motor vehicles .
2. 6 AUTOMOBILE SERVICE STATION or SERVICE STATION, shall
mean a building or part of a building or a clearly
defined space on a lot used for the retail sale of
lubricating oils and gasolines and may include the
sale of automobile accessories and establishments where
only the servicing and minor repairing essential to the
operation of motor vehicles are executed or performed;
it may also include the washing of motor vehicles.
2. 7 BASEMENT, shall mean 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 adjacent finished grade.
- 6 -
2 . 8 BOARDING HOUSE, and ROOMING HOUSE and TOURIST HOME,
IP shall mean any house or building cr portion thereof in
which the proprietor resides and supplies for hire or
gain to other persons, lodging and/or meals, but shall
not include a hotel , motel , hospital, home for the
young or the aged, or institution, or restaurant
accommodating the general public.
2 . 9 BUILDING, shall include any structure whether temporary
or permanent, used or intended for sheltering any use
of occupancy but shall not include a boundary wall or
fence, travel trailers , company trailer, truck camper,
motor home or tent.
2. 10 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or other structures may be
erected, used and maintained.
2. 11 BUILDING BY-LAW, shall mean any building by-law within
the meaning of The Planning Act, R.S .O. , 1970 .
2 . 12 BUILDING INSPECTOR, shall mean the officer or employees
of the Municipality for the time being charged with the
duty of enforcing the provisions of the Building By-law.
2. 13 BUILDING LINE, shall mean a line within a lot drawn
parallel to a lot line; it establishes the minimum
distance between the lot line and any building or struc-
ture which may be erected. Where the lot line is a
curve, the building line shall be a line drawn parallel
to a chord of the arc constituting the lot line. A chord
is a straight line joining two points on a curve.
2 . 14 BUILDING LINE, ESTABLISHED, a building line shall
be considered to be established between existing
buildings where at least five (5) main buildings
have been erected on any one side of a continuous
one hundred and fifty (150 . 0) metre strip of land
fronting on a street or road. The established
building line shall thus mean the average setback of
the existing main buildings .
2. 15 CAMPGROUND, shall mean a use consisting of at least
five camping sites , licensed under the provisions of
The Municipal Act , R.S .O. , 1970 , and comprising land
used or maintained for seasonal recreational activity
as grounds for the camping or parking of a tent, motor
home, travel trailer, or truck camper, but not a mobile
home.
2 . 16 CARPORT, refer to definition of Garage (Private)
2. 17 CELLAR, shall mean that portion of a building between
so :
two floor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade.
- 7 -
2 . 18 CHURCH, shall mean a building dedicated to religious
worship and may include a church hall , church
auditorium, Sunday school, parish hall and church day
nursery.
2 . 19 CLINIC, shall mean any building containing more than
two rooms used or intended for use for any of the pur-
poses of medical or dental practice, and without limit-
ing the generality of the foregoing, includes 'the offices
or consulting rooms of members of the medical or dental
professions listed in this By-law under the definition
"Home Occupations" and includes any building in which
two or more Home Occupations are being carried on by
members of the said medical or dental profession.
2 . 20 COVERAGE, shall mean in the case of a residential build-
ing or structure that portion or percentage of the area
of any lot upon which buildings or structures are erected
or permitted to be erected on the lot (not including a
swimming pool) measured at the level of the lowest
storey containing habitable rooms, and in the case of
a non-residential building or structure, that portion
or percentage of the area of buildings or structures
erected or permitted to be erected on the lot (not in-
cluding a swimming pool) measured at the level of the
lowest storey above grade, including in both cases all
porches and verandahs , open, unenclosed terraces at
grade, steps, cornices, eaves, bay windows, chimneys.
2 . 21 DRAIN, MUNICIPAL, shall mean a drain owned by a
Municipality.
2 . 22 DWELLING, shall mean a building, occupied or capable
of being occupied exclusively as a home, residence or
sleeping place by one or more persons , but shall not
include hotels , boarding or rooming houses , motels,
institutions or living quarters for a caretaker, watch-
man or other person or persons using living quarters
which are accessory to a non-residential building or
structure.
2 . 23 DWELLING, CONVERTED, shall mean a dwelling originally
designed as a single family dwelling unit, which be-
cause of size or design is or can be converted by
partition and the addition of sanitary facilities and
cooking facilities into more than one dwelling unit.
2 . 24 DWELLING, DUPLEX, shall mean a building that is divided
horizontally into two (2) dwelling units each of which
has an independent entrance either directly or through
a common vestibule.
2 . 25 DWELLING, MULTIPLE-FAMILY, shall mean a building that
contains three (3) or four (4 ) dwelling units which have
a common entrance and the occupants of the units have
the . use of common corridors, stairs, elevators, yards or
one or more of them.
2 . 26 DWELLING, SEASONAL, shall mean a dwelling used as a
secondary place of residence for recreational purposes
and not intended to be occupied as a year-round permanent
dwelling.
•
2 . 27 DWELLING, SEMI-DETACHED, shall mean a building that is
divided vertically into two (2) dwelling units each of
which has an independent entrance either directly or
through a common vestibule.
2 . 28 DWELLING, SINGLE-FAMILY DETACHED, shall mean a building
designed, intended and/or used for occupancy by not-
more than one family .
2 . 29 DWELLING, TOWNHOUSE, shall mean a separate building
containing three or more attached one-family units with
a common dividing wall , each of which has an independent
entrance either directly or through a common vestibule.
2 . 30 DWELLING TRIPLEX, shall mean a building that is divided
horizontally into three (3) separate dwelling units , each
of which has an independent entrance either directly or
through a common vestibule.
2. 31 DWELLING UNIT, shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
or family, with a private entrance from outside the
building.
2 . 32 ERECT, shall include building construct, reconstruct,
alter and relocate and, not to limit the generality of
the foregoing, shall be taken to include any preliminary
physical operation such as excavating, grading, piling,
cribbing, filling or draining, structurally altering
any existing building or structure by an addition,
deletion, enlargement or extension.
2 . 33 EXISTING, shall mean existing as of the date of the
passing of this By-law.
2 . 34 FAMILY, shall mean an individual, or two (2) or more
persons who are interrelated by blood or marriage or
legal adoption, or a group of not more than three (3)
unrelated persons , exclusive of servants, occupying a
dwelling unit, and not more than two (2) persons who
receive their lodging and/or board for compensation.
2 . 35 FARM, shall mean a parcel of land together with its
dependent buildings including one single-family detached
dwelling and accessory buildings held for the purpose
of agricultural use.
2 . 36 FLOOR AREA, shall mean the ground floor area of a build-
ing measured in the manner set out in the definition of
"Ground Floor Area" in this By-law. The "Floor Area"
shall not include the basement or cellar as a portion
of the "Floor Area" .
2. 37 FLOOR AREA, GROUND, shall mean the area of a building
or structure measured from the outside of all exterior
walls, at grade, exclusive of any accessory building
garage, basement, cellar, terrace, verandah, open or
enclosed porch or sunroom, unless such sunroom or en-
closed porch is an integral part of the building and
habitable in all seasons .
2 . 38 GARAGE (PRIVATE) or CARPORT, shall mean a building or
portion of a building designed for the storage of not
more than three (3) private passenger motor vehicles
wherein no service for profit is rendered; where such
structure is attached to the main building, it shall be
deemed to be part of the main building and not an acces-
sory building.
2 . 39 GARAGE, PUBLIC, shall mean a building or structure where
motor vehicles are kept or stored for remuneration or
repair, but does not include an automatic car washing
establishment, a motor vehicle sales lot or an automobile
service station.
2 . 40 GAS, shall mean natural gas , manufactured gas , propane-
arc gas, or any mixture of any of them.
2 . 41 GOLF COURSE, shall mean a public or private area
operated for the purpose of playing golf including a
par three golf course, driving range, miniature golf
course, or combination thereof .
2 . 42 GRADE, shall mean:
a) for a building adjoining one street only, the
elevation of sidewalk at the center of that wall
adjoining the street;
b) for a building adjoining more than one street the
average of the elevation of the sidewalk at the
center of all walls adjoining the streets;
c) for a building having no walls adjoining the street,
the average level of the ground (finished surface)
adjacent to the exterior walls of the building;
d) all walls not more than four and one-half (4 . 5)
metres from the street line shall be considered
as adjoining the street. If the adjoining street
has no public sidewalk, the grade shall be deter-
mined by the Building Inspector.
- 10 -
• 2 . 43 HEIGHT, when used with reference to a building or struc-
ture shall mean the vertical distance in feet between
110 the horizontal plane through grade level and a horizon-
tal plane through:
a) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof;
b) the average level of a one slope roof , provided
that such roof having a slope of less than twenty
degrees with the horizontal shall be considered
a flat roof ;
c) the average level between eaves and ridges in the
case of a roof type not mentioned in sub-sections
(a) and (b) immediately preceeding.
The height regulations shall not apply to any ornamental
dome, chimney, tower, storage silo, barn, cupola, steeple,
church spire or water storage tank.
2. 44 HOME OCCUPATION, shall mean an occupation for gain or
support conducted entirely within a dwelling as a sec-
ondary use and only by members of the family residing
on the premises plus not more than one (1) assistant who
is not a resident of the said dwelling .
2. 45 HOTEL, means any hotel , tavern, inn, lounge, 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 public by supplying food and furnishing
sleeping accomodations of not less than six (6) guest
rooms, which guest rooms contain no provisions for cooking,
and all such buildings operating under The Liquor License
Act, R. S.O. . 1970 and The Tourist Establishment Act, R. S.O. ,
1970.
2 . 46 INSTITUTIONAL USE, shall mean the use of land, buildings
or other structures for some public or social purpose
but not for commercial purposes and may include govern-
mental , religious, educational , charitable, philanthropic,
hospital or other similar but non-commercial uses .
2. 47 KENNEL, ANIMAL, shall mean any lot, building or structure
on or within which four ( 4 ) or more domesticated animals
more than four (4) months of age are housed, groomed, bred,
boarded, trained, or sold and which may offer provisions
for minor medical treatment.
2. 48 LOADING SPACE, shall mean a space or bay located on a
lot which is used or intended to be used for the tem-
porary parking of any commercial vehicle while loading
or unloading goods, merchandise or materials used in
connection with the main use of the lot or any building
thereon, and which has unobstructed access to a street
or lane.
ILLUSTRATION OF BUILDING
7
PHEIGHT DEFINITION
•
•
I t F
• H
_ _ _ I _ Flat Roof
FRONJT RIDGE
hT-- E AVE
Gable Roof
FRONT. SIDE
RIDGE
1t
AIM
_1 1
H
Hip Roof
FRONT SIDE
RIDGE
j)2.
;ll SAVE
H
I _ Gambrel Roof
FRONT SIDE
RIDGE
ROOF DECK L INE
H
Mansard Roof
RONT SIDE
RIDGE
)21
H
One Slope Roof
FRONT SIDE
H-HEIGHT OF BUILDING NO1E: THE ABOVE IL1US1RATION tS FOR CLARIFICATION AND C Y VENIEtvAE ONLY AND DOES NO1 FORM
PART OF THIS BY-LAW.
- 10 -
2 . 43 HEIGHT, when used with reference to a building or struc-
IP ture shall mean the vertical distance in feet between
the horizontal plane through grade level and a horizon-
tal plane through:
a) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof ;
b) the average level of a one slope roof , provided
that such roof having a slope of less than twenty
degrees with the horizontal shall be considered
a flat roof ;
c) the average level between eaves and ridges in the
case of a roof type not mentioned in sub-sections
(a) and (b) immediately preceeding .
The height regulations shall not apply to any ornamental
dome, chimney, tower, storage silo, barn, cupola, steeple,
church spire or water storage tank.
2. 44 HOME OCCUPATION , shall mean an occupation for gain or
support conducted entirely within a dwelling as a sec-
ondary use and only by members of the family residing
on the premises plus not more than one (1) assistant who
is not a resident of the said dwelling .
2. 45 HOTEL, means any hotel , tavern, inn, lounge, 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 public by supplying food and furnishing
sleeping accomodations of not less than six (6) guest
rooms, which guest rooms contain no provisions for cooking,
and all such buildings operating under The Liquor License
Act , R. S .O. , 1970 and The Tourist Establishment Act , R. S.O. ,
1970.
2. 46 INSTITUTIONAL USE, shall mean the use of land, buildings
or other structures for some public or social purpose
but not for commercial purposes and may include govern-
mental , religious , educational , charitable, philanthropic,
hospital or other similar but non-commercial uses.
2. 47 KENNEL, ANIMAL, shall mean any lot, building or structure
on or within which four (4 ) or more domesticated animals
more than four (4) months of age are housed, groomed, bred,
boarded, trained, or sold and which may offer provisions
for minor medical treatment.
2. 48 LOADING SPACE, shall mean a space or bay located on a
lot which is used or intended to be used for the tem-
porary parking of any commercial vehicle while loading
or unloading goods, merchandise or materials used in
connection with the main use of the lot or any building
thereon, and which has unobstructed access to a street
or lane.
•
ILLUSTRATION OF BUILDING
0 HEIGHT DEFINITION
I r—__.,_F y
H
-
�v.QG �� - - �- - Flat Roof
FRONT RIDGE
T-
1I E AVE
H
_ _ I - Gable Roof
FRONT. SIDE
• RIDGE
12).2
AIM
H
_ _ _ Hip Roof
FRONT SIDE
RIDGE
0 i)2•
It21 SAVE
H
_ _ I _ Gambrel Roof
FRONT SIDE
RIDGE
_ROOF DECK l INE IIIIIII
H
_ _ _ Mansard Roof
F PONT SIDE
RIDGE
i2)2 AIM
H
_
. _ l_ _ One Slope Roof
FROM FROSIDE
I--1-HEIGHT OF BUILDING NOTE: THE ABOVE ILL US1RAT ION tS FOR CLARIFICATION AND
coNvENiENCE ONLY AND DOES P401 FORM
PART OF THIS BY-LAW.
- 11 -
2 . 49 LOT, shall mean a parcel of land, described in a deed
iI.ho -
ill or other document legally capable of conveying land
or shown as a lot or block on a registered plan of sub-
division.
2 . 50 LOT AREA, shall mean the total horizontal• area within
the lot lines of a lot and in the case of a corner lot
having street lines rounding at a corner with a radius
of six (6 . 0) metres or less , the lot area of such a lot
is to be calculated as if the lot lines were projected
to this point of intersection.
2. 51 LOT, CORNER, shall mean a lot situated at the intersec-
tion of and abutting upon two or more streets which
intersect at an angle of less than one hundred and
• thirty-five (135) degrees and each of which is at least
ten (10.0) metres wide.
2. 52 LOT DEPTH, shall mean the horizontal distance between
the front and rear lot lines . Where these lines are
not parallel, it shall be the length of a line joining
the mid-points of the front and rear lot lines; for
lots with curved front lot lines , the measurement shall
be taken from a line drawn parallel to the chord of the
arc of the curve constituting the front lot line, lying
midway between said chord and a line drawn parallel to
said chord and tangent to said arc.
2.53 LOT FRONTAGE, shall mean the horizontal distance between
the side lot lines of a lot measured at right angles,
but where such lot lines are not parallel, the lot
frontage shall be measured perpendicularly from the
line joining the center of the front and rear lot lines
at a point six (6) metres back from the front lot line.
2. 54 LOT INTERIOR, shall mean a lot other than a corner lot.
2. 55 LOT LINES, shall mean the boundary lines of a lot de-
fined as follows :
a) Front lot lines shall mean the line dividing the
lot from the street; in the case of a corner lot
the shorter boundary line abutting the street
shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed
the side lot line, in case each of such lot lines
should be of equal length the front lot line shall
be deemed to be the front lot line as established
in the block by prior construction. In the case
of a through lot, the longer boundary dividing
the lot from the street shall be deemed to be the
front lot line and the opposite shorter boundary
shall be deemed to be the rear lot line. In case
each of such lot lines should be of equal length,
- the front lot line shall be deemed to be the front
lot line as established in the block by prior
construction.
111. ILLUSTRATION OF LOT
DEFINITIONS
`
7�
\. YL0 4pr., of
�ftonl line
M.O Pool oIN.,......
iron, Lot lne - /1/
ied
n One BrLam \ ��
I
i w.d Pant of I I
/ if
Sae lot Lem Lot Line fel
Ltd P:
of fro
Lot Depth tLptl.
S.6e Lot lme iron? and Rear Lot
Formed
Ones a. rot P.•al.ei ivea Gt Lr.anq.t
pr M.asweO on Lrc , Formed try the Soe lot Lows
Lof fronta
trePe, M O.W.ar to In, L.r.e
Pant Ot front Lot Lot Depth
pt•
Pa npFormed py
Lee 10 Aoe• of Tr. . No Rejr Lot Lone S.oe Lot L
Lot Frontage
r-_
Lot Frontage ►Ws..n.d on silli. / ! - - •,.
Lr.e PerpenOcutar to Let
›tt Lot Lea / Jorn+.p .a4 Portes of f r on?
�,1r r f nO Rear Lot l.ne- I I nroupr. Lot I Font Lot Late I
OPond / �
-----
wit lot Lr,O% - truer,or tn,rr.
tame I Lot
Lot I Fear Lot -__ I
rutted/ / . lra
ItY 54e lot Loft I Caner Gone. /^
La Loi LO' t
M.° po.n, OI — ----— --� Lot Depth
I
/ Rear Lot Lee
f erre .aGLot
r.
lea are
F41e F. allrt
54e Lot Lew
Lott 1.. Fro'e not ntage
ralriti
•
/ Lot hoer ape
lrnpem► to s•rett
e s G• m a. 1 n.o.ya.. '
l.r. Cr.te
I•i.e•n.,.es d
n
V;• rnuT / Inle..0. Lot INr
,35° f.On. Lot Lee ` • v2 54e lo, Loser \ t35o /
`Carer Lot Corner
Lot Corner ��. `aGw.e° S�" \
Carr Lot Sua.pnt S.oes
`\-
NOTE: TF'_ ABOVE ILLUSTRATIONS ARE
FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO
NOT FORM PART OF THIS
BY—LAW.
- 12 -
' b) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line . In the
case of lots abutting streets on more than two
sides, rear lot line shall mean the rear lot line
as established_ by prior construction..
c) Side lot line shall mean a lot line other than a
front or rear lot line.
2 . 56 LOT, THROUGH, shall mean a lot bounded on two opposite
sides by streets each of which is at least ten (10 . 0)
metres wide. Provided, however, that if any lot quali-
fies as being both a corner lot and a through lot as
herein before defined, such lot shall be conclusively
deemed to be a corner lot.
2 . 57 MAIN BUILDING, shall mean the building in which is
carried on the principle purpose for which the lot is
used.
2 . 58 MAIN WALL, shall mean the exterior front, side or rear
wall of a building, and all structural members essential
to the support of a fully enclosed space or roof .
2 . 59 MOBILE HOME, shall be defined according to the provisions
of Section 35C (1) (a ) of The Planning Act R. S .O. , 1970 as
amended from time to time .
2 . 60 MOBILE HOMESTAND, shall mean that part of a Mobile Home
Lot which is reserved for the placement of a mobile
home.
2. 61 MOBILE HOME LOT, shall mean a parcel of land within
a Mobile Home Park intended to be occupied by no more
than one mobile home.
2 . 62 MOBILE HOME PARK, shall mean a parcel of land under
single ownership which contains lots for mobile homes
together with commercial and recreational uses for the
Mobile Home Park residents .
•
2 . 63 MOTEL, shall mean a building , or two (2) or more
detached buildings for the purposes of catering to the
needs of the travelling public, by furnishing sleeping
accommodation with or without supplying food and shall
include a motor court, auto court, and all such buildings
operating under The Liquor License Act, R. S .O. , 1970 and
The Tourist Establishments Act , R.S .O. , 1970 .
•
- 13 -
2. 64 MOTOR HOME, shall mean a structure built on and made
Pan integral part of a self-propelled motor vehicle
chassis other than a passenger automobile chassis,
primarily designed to provide temporary living quarters
for recreation camping and travel use.
2 . 65 MOTOR VEHICLE, shall mean a wheeled self-propelling
vehicle for the transportation of passengers and goods
without limiting the generality of the foregoing in-
cludes automobiles, trucks, buses , ambulances, hearses,
motor homes and tractors .
2 . 66 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking
lot, building or lot where motor vehicles are hired,
kept or used for hire, or where such vehicles and
accessories are stored or kept for sale , and where motor
vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries charged
or where repairs essential to the actual operation of
motor vehicles are executed or performed.
2 . 67 MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building
or part of a building, or clearly defined space on a lot
where gasoline, oil , grease, anti-freeze, tires , tubes ,
tire accessories, electric light bulbs, spark plugs and
batteries for motor vehicles are stored or kept for sale,
or where motor vehicles may be oiled, greased or washed,
or have their ignition adjusted, tires inflated or
batteries charged or where only minor or running repairs
essential to the actual operation of motor vehicles are
executed or performed.
2 . 68 MUNICIPALITY, shall mean the Corporation of the Village
of Port Burwell .
2 . 69 NON-COMPLYING, shall mean that which does not conform
comply or agree with the regulations of this By-law as
of the date of final passing thereof .
2 . 70 NON-CONFORMING, shall mean a use which is not a use
permitted in the zone in which the said use is situated .
2. 71 NON-RESIDENTIAL, when used with reference to a building,
structure or use, shall mean designed, intended or used
for purposes other than those of a dwelling .
2 . 72 NURSING HOME, shall mean 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 shall include a
rest home or convalescent home.
2 . 73 OCCUPANCY, shall mean to reside in as owner or tenant on
a permanent or temporary basis .
- 14 -
2 . 74 OFFICE, GENERAL, shall mean any building or part of a
• building in which one or more persons are employed
in the management, direction or conducting of an
agency, business, labour, or fraternal organization,
but excludes such uses as retail sale, manufacture,
assembly or storage of goods , or places of assembly
and amusement. '
2. 75 OFFICE, PROFESSIONAL, shall mean any office used by
professionally qualified persons , for the purposes of
giving advice, consultation or treatment to clients or
• patients.
2. 76 OIL, shall mean crude oil, and includes any hydrocarbon
that can be recovered in liquid form from a pool through
a well.
2. 77 OUTSIDE STORAGE, shall mean the storage of goods in the
open air and in unenclosed portions of buildings which
are open to the air on the sides.
2. 78 OWNER, shall mean the person who holds legal title to a
piece of property.
2. 79 PARKING LOT, shall mean an area provided for the parking
of motor vehicles and may include aisles, parking spaces
and related entrance and exit lanes, but shall not include
any part of a public street.
2 .80 PARKING SPACE, shall mean an area enclosed in a principal
. building, in an accessory building or unenclosed, having
an area of not less than eighteen (18) square metres,
exclusive of aisles or driveways and accessible to a
street or lane and set aside for the purpose of parking
an automobile.
2. 81 PARKS AND RECREATIONAL USE, shall mean any area of land,
whether enclosed or not, maintained or owned by the
Municipality or a public authority for the enjoyment,
health and well-being of the people and normally open
to the public.
2 . 82 PERMITTED, shall mean permitted by this By-law.
2 . 83 PERSON, shall include an individual , an association, a
firm, a partnership, an incorporated company, municipal
corporation, agent or trustee and their heirs , executors,
or other legal representatives of a person to whom the
context of this By-law can apply according to law.
2 . 84 PIT, shall mean any opening , quarrying, or excavation
of or in the ground for the purpose of removing soil ,
rock, sand, gravel , earth, clay, or limestone and the
processing thereof for commercial purposes including
screening, sorting, washing, crushing, and other similar
operations, including required buildings and structures,
but does not include a water well, oil well, natural
gas well, or way-side pit.
- 1J -
2 . 85 PIT, WAYSIDE, shall mean a pit opened and used by a public
road authority for the purposes of a particular road
1110 construction project or contract only.
2 . 86 PUBLIC AUTHORITY, shall mean any school board, public
utility commission, transportation commission, public
library board, board of parks management, board of
health, board of commissioners of police, planning
boards or commission or committee of local authority
established or exercising any power or authority under
any general or special Statute of Ontario with respect
to any of the affairs or purposes of a municipality
or a portion thereof, and includes any committee or'
local authority established by by-law of the Council .
2 . 87 RESIDENTIAL USE, moans the use of a building or structure
or parts thereof as a private dwelling .
2 . 88 RETAIL STORE, shall mean a store or shop within which is
conducted the selling or buying of goods primarily to
or from the general public and accessory thereto and may
include automobile accessories stores, garden centres
and liquor stores .
2 . 89 SANITARY SEWAGE FACILITIES, MUNICIPAL, shall mean a
publicly-owned and operated system whereby sanitary
sewage is pumped, transported or piped from any or all
buildings in the municipality to a central collection
station for processing and discharge pursuant to the
regulations of the Ontario Ministry of the Environment.
2 . 90 SCHOOL, shall mean any school established and maintained
by the Elgin County Board of Education, or the Elgin
County RC Separate School Board.
2 . 91 SCHOOL, PRIVATE, shall mean an educational or training
establishment which is not under the jurisdiction of a
Board as defined by The Department of Education Act,
R. S .O. , 1970, as amended from time to time.
2 . 92 SENIOR CITIZEN HOME, shall mean a multiple housing unit
for the aged where over fifty ( 50) percent of the dwelling
units are designed, intended and/or used for persons sixty
(60) years of age or over. *';ir , ,
2 . 93 SERVICE SHOP, shall mean any building or part thereof
where appliances and machinery are sold, serviced, or
repaired and includes building trades establishments but
excludes any manufacturing , processing , or wholesaling.
2. 94 SETBACK, shall mean the horizontal distance from the centre
line of the street allowance, measured at right angles
/110 to such centre line, to the nearest part of any building
or structure on a lot.
- 16 -
2 . 95 SHOPPING CENTER, means a building or a group of build-
ings for the use of commercial business establishments ,
planned, designed, developed and managed as a unit
having off-street parking provided on the site.
2 . 96 STOREY, FIRST, shall mean the lowest storey of a building,
excluding the basement or cellar.
2. 97 STOREY, HALF, shall mean the portion of a building lo-
cated wholly or partly within a sloping roof, having
side walls not less than one (1 . 0) metre in height and
the ceiling with a minimum height of 2 . 3 metres over
an area equal to at least fifty (50) percent of the
area of the floor next below.
2. 98 STREET, ARTERIAL or ROAD, ARTERIAL, shall mean a street
or road under the jurisdiction of the Province of Ontario
or the County of Elgin.
2 . 99 STREET OR ROAD, shall mean a public highway as defined
by The Municipal Act.
2 . 100 STRUCTURE, shall mean any material , objects or work
erected as a unit or constructed or put together of
connected or dependent parts or elements whether located
under, on, or above the surface of the ground, but does
not include a sign, a fence or a swimming pool.
2 . 101 TAVERN, shall mean an establishment operating under
The Liquor License Act, R. S .O. , 1970, as amended from
time to time, where alcoholic beverages are sold to
be consumed on the premises .
2 . 102 TOURIST HOME, refer to the definition of Boarding House .
2 . 103 TRAVEL TRAILER, shall mean any vehicle so constructed
that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled
by the motor vehicle, but not including any vehicle
unless it is used or intended for the living, sleeping
or eating accommodation of persons therein for seasonal
recreational activity.
2 . 104 TRAVEL TRAILER LOT, means a parcel of land intended to
be used by no more than one travel trailer.
2 . 105 TRAVEL TRAILER PARK, means a parcel of land under single
ownership which provides accommodation for travel trailers .
2 . 106 TRUCK CAMPER, shall mean a portable structure, designed
to be loaded onto, or affixed to, the bed or chassis of
a truck, constructed to provide temporary living quarters
for recreation, camping or travel use.
10 . 2 . 107 USE, (when used as a noun) shall mean the purpose for
which any land, building or structure is designed,
arranged or intended to be occupied or used, or for
which it is occupied, used or maintained.
- 17 -
110 2 . 108 WATER SUPPLY SYSTEM, MUNICIPAL, shall mean a publicly-
owned and operated system whereby water is piped to
more than one dwelling unit, or to more than one
commercial use, or to more than one institutional use,
or combination thereof , situated on separate lots.
2 . 109 YARD, shall mean an open space on the same lot with a
main building or structure, unoccupied and unobstructed
except as otherwise provided in this By-law.
a) FRONT YARD, shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building
on such lot. The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the
front lot line and the nearest part of the main
building or structure.
b) REAR YARD, shall mean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot. The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure.
c) SIDE YARD, shall mean a yard between a building
or structure and the side lot line extending from
the front yard or front lot line (if no front
yard is required) to the rear yard or rear lot
line (if no rear yard is required) . The depth of
any side yard shall be deemed to be the perpendi-
cular distance measured in a horizontal plane
between a point in the side lot line and the
nearest part of the main building or structure.
d) SIDE YARD, EXTERIOR, shall mean a side yard
immediately adjacent to a public street.
, 10
ILLUSTRATION OF YARD
DEFINITIONS
Is... 1., 1.—
IN G.N.
/
lel
I.MI.p.
1 - A•.I la lM•
l w.•. .1..1 M ••• w ►... N 1
s.......I I I ,-.T,....r.( y7" I
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I I
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¢ Building I w.�•.. W BuildingI
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114
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I a..�jc�
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1,40.441 ♦.I. I I :4 N \\_ "-:'i
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w......w T w....... p. _..... /.•. *Mew. w.•.�..
f.. •s• II... r.A .1 • •I • S....�..•• s•I f
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NOTE: The Above Illustration is lot Clarilic'lion
and Convenience Only and does not loan
part of t',is By-law.
- Its -
•
•
SECTION 3 ZONES AND ZONING MAP
IP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By-law the map hereto annexed
as Schedule 'A' shall be referred to as the "Zoning
Map" for the .Village of Port Burwell and the Zoning Map
shall be divided into the following zones:
ZONE SYMBOL
Agricultural A
Residential Zone 1 R1
Trailer Park TP
General Commercial Cl
Local Commercial C2
Harbour Commercial C3
Institutional I
Industrial M
Park and Recreation P
Hazard Land H
3 . 2 USE OF ZONE SYMBOLS
The symbols listed in Subsection 3 . 1 shall be used to
refer to land, buildings , and structures and the uses
thereof permitted by this By-law in the said zones, and
wherever in this By-law the word " zone" is used, pre-
ceeded by any of the said symbols , such zones shall
mean any area within the Village of Port Burwell delin-
eated on the Zoning Map and designated thereon by the
said symbol.
3 . 3 APPLICATION OF REGULATIONS
No person shall within any of the zones of the munici-
pality use any land or erect, build, construct, recon-
struct, relocate, excavate for, alter, add to, enlarge,
extend or use any building or structure, except in
conformity with this By-law for the zone in which such
land, building, structure or use is located.
3 . 4 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the
boundary of any of the said zones as shown on the
Zoning Maps, the following shall apply:
a) unless otherwise shown, the boundary of the zones
as shown on the Zoning Maps are center street
lines or lot lines and the production thereof;
' OP b) where zoning boundaries are indicated as approx-
imately following lot lines shown on a registered
plan of subdivision, such lot lines shall be deemed
to be the said boundary;
- 19 -
c) where zoning boundaries are indicated as approx-
imately parallel to the line of any street and
the distance from such street is not indicated,
such zoning boundaries shall be construed as
being parallel to such street and the distance
therefrom shall be determined by the use of the
scale shown -on the zoning map;
d) where any zone boundary is left uncertain after
application of the provisions of sections 3. 4 a) ,
b) and c) of this By-law, then the boundary line
shall be determined according to the scale on
Schedule 'A' to this By-law. •
•
- 10 ,1
•
- zu -
IPSECTION 4 GENERAL PROVISIONS
4 . 1 APPLICATION
The provisions of this section apply in all zones
except as may be indicated otherwise.
4 . 2 ACCESSORY USES
Accessory uses, buildings, or structures, are
permitted in any yard, in any zone, subject to the
provisions of this By-law for the particular zone
in which said building or use is located, and
provided that any accessory building or use :
4 . 2. 1 shall not be used for human habitation, except
where a dwelling unit is a permitted accessory use;
4 . 2. 2 shall not be 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;
4 . 2. 3 shall not be located in the front yard or the
exterior side yard, in the case of a corner lot;
4 . 2 . 4 shall not be built closer to the street than the
main building is to that street;
4 . 2. 5 shall not be built closer than one (1 .0) metre to
any lot line except:
a) that common semi-detached private garages or
carports may be centred on the mutual lot
line;
b) that where a lot line abuts a public lane an
accessory building may be located not less
than one-half (0. 5) metre from said lane.
4 . 2 . 6 shall not exceed six (6) percent coverage of the
total lot area;
4 . 2 . 7 shall not exceed six (6 . 0) metres in height;
4 . 2 . 8 shall not be built within two (2 . 0) metres of the
main building except where a dwelling unit is a
permitted accessory use;
4 . 2. 9 shall not be considered as an accessory building
if attached to the main building in any way except
where a dwelling unit is a permitted accessory
use;
- 21 -
III 4 . 2 . 10 shall not be considered an accessory building if
located completely underground.
4 . 3 COMMERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law,
where a commercial use is permitted as an acces-
sory use in an industrial zone, it shall be located
within the main building or within two (2 . 0)
metres of the main building, and shall not exceed
ten (10) percent of the total floor area of the
main building or a maximum of two hundred and
eighty (280 . 0) square metres whichever is the less .
Where no buildings exist, such commercial accessory
use shall not exceed one hundred (100 . 0) square
metres of floor area.
4 . 4 RESIDENTIAL ACCESSORY USES
Notwithstanding any other provision of this By-
, law, where a dwelling unit is permitted as an
accessory use in a commercial zone, it shall be
contiguous to the main commercial use and have a
minimum floor area of forty (40 . 0) square metres,
and be used as the residence of the owner or
operator, or an employee of the owner or operator,
of the main commercial use.
4 . 5 HOME OCCUPATIONS
Where a home occupation is permitted in a particu-
lar zone, the following provisions shall apply :
4 . 5. 1 There is no external display or advertisement
other than a sign of a maximum size of one half
(0. 5) square metre.
4 . 5. 2 there is no outside storage of materials, con-
tainers, or finished products;
4 . 5. 3 the character of the dwelling as a private resi-
dence does not change, or a public nuisance par-
ticularly in regard to noise, traffic or parking
is not created;
4 . 5. 4 there is no equipment used, the operation of which
would result in any undue noise, fumes, dust, or
odour escaping to any adjoining use.
4 . 5. 5 does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living quarters,
• 110
or forty (40. 0) square metres whichev,nr is the
lesser and, for greater clarity, such uses in-
cludes the offices or consulting room for a pro-
fession such as a physician, dentist, chiropractor,
lawyer, engineer, accountant, teacher, musical
instructor where a single pupil is instructed at a
time, the office for a trade such as a painter or
- 2 2.
electrician and the workroom for a dressmaker,
milliner, or hairdresser, but does not include or
permit a clinic, any shop, tea room, tourist home,
convalescent home, mortuary, funeral parlour,
dancing school, rooming house, boarding house,
hairdressing if more than two persons are engaged
in the' business , or any similar use or other
commercial use or institutional use or a workshop,
storage yard, or parking area for any of the
trades.
4 . 6 TEMPORARY USES
Notwithstanding any other provisions of this By-
law, uses such as a construction camp or other
such temporary work camp, a tool shed, mobile
home, scaffold, sign or other building incidental
to construction are permitted in any zone provided
that:
4 . 6 . 1 such uses or buildings are used only as long as
same are necessary for work in progress which has
neither been finished nor abandoned, or a period
of one year whichever is the lesser;
4 . 6 . 2 such uses or buildings are removed when the work
for which they were permitted is terminated.
4 . 7 PROHIBITED USES
All uses, including the following uses, shall be
prohibited in any zone unless otherwise provided
for:
4 . 7 . 1 the use of any land or the erection and use of any
building or structure for the purposes of wrecking
yards , salvage yards, dumps , the collection of
rags, junk, any refuse, scrap iron, or other scrap
metals;
4 . 7. 2 any use is prohibited which from its nature or the
materials used therein is declared under The Public
Health Act or any regulations adopted thereunder, to
be a noxious trade, business or manufacture .
4 . 7 . 3 no land, building or structure shall be used in the
municipality for the industrial manufacture of coal
oil, rock oil , fuel oil , burning fluid gas , naptha,
benzene, gasoline, dynamite, dualene, nitroglycerine,
gun powder, petroleum and petroleum liquid material
which is likely to create danger to health, or danger
from fire or explosion.
- 23
4 . 8 NON-CONFORMING USES
•
The provisions of this By-law shall not apply:
4 . 8. 1 to prevent the use of any land, building or struc-
ture for any purpose prohibited by this By-law if
such land, building or structure was lawfully used
for such purpose on the effective date so long as
it continues to be used for that purpose; or
4 . 8. 2 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
day of the passing of the 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 struc-
ture is commenced within two years after the day
of the passing of the By-law and such building or
structure is completed within a reasonable time
after the erection is commenced.
4 . 9 NON-COMPLIANCE WITH MINIMUM
LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the
effective date on a lot having less than the
minimum frontage and/or area, or having less than
the minimum setback and/or side yard and/or rear
yard required by this By-law, the said building
may be used, enlarged, reconstructed, repaired or
renovated provided that:
4 . 9.1 the use, enlargement, reconstruction, repair or
renovation does not further reduce a front yard
and/or side yard and/or rear yard having less than
the minimum required by this By-law, and
4 . 9. 2 all other applicable provisions of this By-law are
complied with.
4 . 10 EXISTING LOTS
Notwithstanding any other provisions of this By-
law, existing lots with less than the required lot
area or lot frontage may be developed for a use
specified in the appropriate zone provided all
other regulations of the By-law are satisfied.
4 . 11 HAZARDOUS AREAS
so 4 . 11.1 Buildings and structures for uses permitted by
this By-law are permitted if and only to the
extent permitted by the regulations made under
The Conservation Authorities Act, R.S .O. , 1970 as
amended from time to time.
•
7....14`414
.....14`41
4 . 11 . 2 Where in this By-law a front, side or rear yard is i
required, and part of the area of the lot is
11/1 covered by water or marsh for more than two months
in the year, or is beyond the rim of a river bank I -
or watercourse, or between the top and toe of a
cliff or embankment having a slope of thirty (30) T(
degrees or more from the horizontal , then the re- ' Dv
quired yard shall be measured from the nearest
main wall of the main building on the lot to the
nearest edge of said area covered by water or marsh,
or to the rim of said river bank or watercourse, or
to the top of the said cliff or embankment.
4 . 11 . 3 The minimum setback from the Lake Erie shoreline
bluff is 15 . 0 metres from the edge of the bluff for
permitted buildings and structures east of Robinson
Street to the eastern limits of the municipality.
4 . 12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH
BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS,
MOTOR HOMES OR TENTS
4 . 12. 1 No truck, bus , coach or streetcar body shall be
used for human occupancy within the Municipality
whether or not the same is mounted on wheels;
4 . 12 . 2 No travel trailer, truck camper, or motor home
shall be used for the living, sleeping or eating
accommodation of persons within the Municipality
for a period of more than sixty (60) days in any
period of ten (10) consecutive months.
4 . 13 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by
means of an outside staircase having more than ten
(10) risers or a height of one and one-half (1 . 5)
metres.
4 . 14 STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law, no
person shall erect a building or structure and no
person shall use any land, building, or structure,
unless the lot or parcel to be so used or upon
which the building is situated, erected or pro-
posed to be erected abuts or fronts on a public
street or public road.
4 . 15 EXISTING LOTS
Existing lots having less than the minimum frontage,
depth or area required by this By-law and/or with
access only by an existing, private right of way
11110 may be developed for all uses in the appropriate
zone provided that:
- 25 -
a) permission is granted in writing for the use of
the right of way from both the Village and the
holder of title to the right of way;
b) sewage disposal facilities meet the approval
of the Ontario Ministry of the Environment and
the local medical officer of health.
4 . 16 SIGHT RESTRICTIONS ON CORNER LOT
Notwithstanding any other provisions of this By-
law, and except in a General Commercial (C1) Zone
no building or structure shall be erected; no
driveway shall be located; and no boundary wall,
fence, shrubs, or foliage shall be erected, planted
or maintained which obstruct the view of a driver
of a vehicle approaching the intersection, on a
corner lot within the triangular space included
between the street lines for a distance of nine
(9 . 0) metres from their point of intersection.
4 . 17 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By-
law, no private garage on any corner lot shall be
located closer than six (6 . 0) metres to either
streetline, and no portion of any driveway shall
be located closer than nine ( 9 . 0) metres to the
intersection of the two streetlines or their
projections..
4 . 18 MINIMUM SETBACKS FROM ARTERIAL '
STREETS OR ARTERIAL ROADS
Notwithstanding any other provisions of this By-law, i
where a building or structure is erected adjacent
to a County Road, and in the absence of an estab-
lished building line, the minimum setbacks from
such arterial streets or arterial roads shall be
ten (10 . 0) metres plus the required front yard or
side yard.
4 . 19 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of
this By-law, where two main buildings less than
ninety (90. 0) metres apart are at less than the
required set-back or yard, the building line for
the intervening space shall be a straight line
drawn between the adjacent front corners of the
existing buildings.
c1
- 26 -
1111 4 . 20 USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection with
residential , commercial , indlistrial , or instit-
utional uses but without any buildings or struc-
tures thereon, all yards required by this By-law
on allot in the respective use zone shall be
provided and maintained as yards and the appli-
cable regulations shall apply, except where the
land or lot is used for gardening or open space
purposes not prohibited by this By-law in such ' use
zone.
4 . 21 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required
about any building for the purpose of complying
with the provisions of this By-law shall be
included as part of a yard or other open space
similarly required for another building .
4 . 22 PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law
shall be open and unobstructed by any structure
from the ground to the sky, provided, however,
that those structures listed below shall be per-
mitted to project or encroach into the yards
indicated for the distances specified where
applicable :
Max. Projection
Structure Permitted Yard from Main Wall
window sills , belt
courses , cornices ,
eaves , gutters , chimneys ,
or pilasters any yard 0. 5 metre
fire escapes and
exterior staircases rear yard only 1 . 5 metres
bay windows and awnings front, rear and 1 . 0 metre
exterior side yards
only
boundary wall or fence any yard --
- 27 -
•• 4 . 23 PAP.Y.ING REGULATIONS IN RESIDENTIAL ZONES
4 . 23 . 1 All parking spaces in any residential zone shall
be l..cated in an attached or detached private
garage, or in a driveway, or in a side or rear
yard provided that the lot coverage of the spaces
shall not exceed fifteen (15) percent of the total
lot area.
4 . 24 DRIVEWAY REGULATIONS WHERE A DRIVEWAY
IS REQUIRED TO SERVE A RESIDENTIAL USE
4 . 24 . 1 The maximum width of a driveway, measured along
the sidewalk, where such exists, or along the
street line shall be nine (9 . 0) metres.
4 . 24 . 2 The minimum distance between a driveway and an
intersection of street lines measured along the
street line intersected by such driveway shall be
nine (9 . 0) metres .
4 . 24 . 3 The minimum distance between an interior side lot
line and any driveway, with the exception of a
mutual or common driveway, shall be one (1 . 0)
metre.
4 . 24 . 4 The interior angle formed between the street line
and the centre line of any driveway shall not be
less than forty-five (45) degrees .
. 4 . 25 PERMITTED PUBLIC USES
The provisions of the By-law shall not apply to
the use of any land or to the erection or use of
any building or structure for the purpose of
public service by the municipality or by any local
Board thereof as defined by The Municipal Affairs
Act, Chapter 98 , R. S.O. 1970, any telephone,
telegraph or gas company, any department of the
Governments of Ontario or Canada, including Ontario
Hydro or any other public authority provided that:
a) the lot coverage, setback and yard requirements
prescribed for the zone in which such land,
building is located shall be complied with;
b) no goods, material , or equipment shall be
stored in the open in a Residential Zone;
c) any building erected in a Residential Zone
under the authority of this paragraph shall
be designed and maintained in general harmony
410
with residential buildings of the type permitted
in the Zone.
- 28 -
•
4 . 26 MOBILE HOMES PROHIBITED IN ALL ZONES
11.
It shall be prohibited to locate and use a mobile
home in ariy zone for the purposes of residential,
business, industrial or institutional uses, tempor-
arily or permanently, unless the use of a mobile
home for such purposes is listed specifically in
this By-law as a permitted use within a particular
use zone.
4 . 27 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main
side walls and roof have been erected and roofing
have been completed, and sanitary conveniences
installed and, where applicable , kitchen and
heating facilities have been installed.
4 . 28 SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone there shall
apply such special regulations as may be estab-
lished by this By-law with respect to such defined
area and, in addition to such special regulations,
all provisions of this By-law including the general
regulations applicable to the zone within which
the defined area is located shall apply to the
defined area; provided that, unless a contrary
intention appears from the special regulations,
•
a) If the special regulations are different
from the corresponding regulations of this
By-law, including the general regulations
applicable to the zone within which the
defined area is located , the special regula-
tions shall supercede and prevail over such
corresponding regulations of this By-law;
b) If the special regulations establish one or
more specifically permitted uses of the defined
area , such permitted use or uses shall be
the only purpose or purposes for which the
• defined area may be used, and
c) If the special regulations specifically
permit one or more uses in addition to those
otherwise permitted in the zone within which
the defined area is located, any and all of
the other special regulations applicable to
the defined area shall apply only to the
additional permitted use or uses and not to
uses otherwise permitted in the zone.
- 43 -
• SECTION 11 INSTITUTIONAL ZONE (I) REGULATIONS
11 . 1 PERMITTED USES
Institutional uses including churches , schools,
senior citizen homes , hospitals and government
offices.
11. 2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses.
11. 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
1 , 855. 0 square metres
Where municipal sanitary sewage disposal facilities
• are not available but a piped municipal water supply
is available - 800 . 0 square metres
Where municipal sanitary sewage disposal facilities
and a piped municipal supply are available - 555. 0
square metres .
11. 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal and piped
water supply facilities are available - 15. 0 metres
Otherwise - 20 . 0 metres
11 . 5 MINIMUM LOT DEPTH
38. 0 metres
11. 6 MAXIMUM BUILDING LOT COVERAGE
Where municipal sanitary sewage disposal and piped
water supply facilities are available - 60 percent
Otherwise - 40 percent.
11. 7 MAXIMUM BUILDING HEIGHT
12. 0 metres
11 . 8 MINIMUM FRONT YARD
brit I.0 NEIN metres
01 11. 9 MINIMUM SIDE YARD
•
4 .0 metres
- 44 -
S11 .10 MINIMUM REAR YARD
where the yard abuts a Commercial or
Industrial Zone: 6 . 0 metres
where the building contains residential
accommodation: 10 . 0 metres
where the yard abuts a Residential or
Park and Recreation Zone: 10 . 0 metres
4b
r '
SECTION 12 INDUSTRIAL ZONE (M) REGULATIONS
12 . 1 PERMITTED USES
manufacturing and industrial operations
warehous:ing_ and storage uses
automobile body shops
offices and retail outlets related to the industrial
operations carried on in the same building
buildings accessory to the permitted uses
dwelling unit or units in a portion of the non-
residential building, in conformity with the floor
space regulations for an R1 Zone, for one caretaker
or one person and his family employed in the
• manufacturing and industrial operations or uses
permitted in this subsection.
12 . 2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses
or accessory to the permitted use.
12 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
1 , 855 . 0 square metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 930 . 0 square metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
740 . 0 square metres
12 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped water supply are available - 25. 0 metres
•
Otherwise - 30 . 0 metres
12 . 5 MINIMUM LOT DEPTH
4 Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
76. 0 metres
111 . Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 54 . 0 metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
30. 0 metres
12 . 6 MAXIMUM BUILDING COVERAGE
40 percent
12. 7 MAXIMUM BUILDING HEIGHT
12 .0 metres
12. 8 MINIMUM FRONT YARD
9.0 metres
12. 9 MINIMUM SIDE YARD
4 . 0 metres except where the use abuts a Residential
or Park and Recreation Zone in which case the yard
will be 7 . 0 metres
12 . 10 MINIMUM REAR YARD
7 . 0 metres except where the use abuts a Residential
or Park and Recreation Zone in which case the
yard shall be 10 . 0 metres
12 . 11 STORAGE
a) No storage shall be permitted outside the
building or buildings on the lot until a
fence of a minimum 1 . 5 metres in height
is erected and maintained at' all times
around the area of the lot to be used for
storage. •
b) No storage shall be permitted outside the
building or buildings on the lot in the
front yard, or in a side or rear yard which
fronts, is opposite to, or abuts a Residential
or Park and Recreation Zone .
A
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BY-LAW NO. 86-14
THE CORPORATION OF THE VILLAGE OF
PORT BURWELL
A by-law to amend by-law number
86-13.
WHEREAS The Planning of Statues of Ontario 1985 Chapter as
amended by 1983 Chapter 82; 1984 Chapter 32, 5.21 and 1985 Chapter 16
provides that zoning by-laws may be passed by the Councils of local
Municipalities, and whereas approval of Ontario Municipal Board is
not required as there are no objections, therefore by-law 86-13 is
ammended so that the by-law comes into effect and full force 35
(thirty five) days from date of passing.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF October, 1986.
44/1014/
Reeve
Ron Bradfield
Village of Port Burwell
LTC , --
Elwood Varty
I . .
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
•
Meeting iCZ--7 ,19 63 '
Moved By A'
I That leave be granted to introduce By-law to
Seconded By % cs„..4? ,. 4\14.,
' r") ift-J 6v" 11AA/44n— e6- /3
and that By-law presented herewith be read a first time.
By-law read a ......_Lai- time
Moved By ......
.0...JA e ;'j That By-law now read a first time be read a
second time forthwith.
Seconded By
By-law read a .42,1-.4 - time
Moved By i..tS.ett a
That By-law now read a second time be read
.
a third time forthwith.
Seconded By ../.../14- 6.--j
By-law read a .......3...,4_.,__....time
Moved By . etjA 2--s-1
11
...
.. ''-` ":4"64C.7. That By-law now read a third time do pass,
be engrossed bythe Clerk, and signed and
Seconded By ..
sealed by the Reeve.
CAAAA-P2/
et 41,4114 l'-'-
..
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. ec-is
fBeing a by-law to set water
and sewer user rates in the
Village of Port Burwell.
WHEREAS by Chapter 302 R.S.O. section 218 paragraph ( 16)
the council of a local municipality may by by-law provide for
• imposing upon owners or occupants of land who use sewage works a
sewage service rate.
WHEREAS Chapter 302 R.S.O. chapter 218 paragraph 2 and
R.S.O. Chapter 423 section 12, 27 and others provides for imposing
rates, regulating, metering, measuring and collection frequencies,
methods for water and sewer rates.
THE Corporation of the Village of Port Burwell hereby enacts:
1. That all users of Port Burwell Municipal Water System are to
have their water supply metered.
2. The meter, remote readout and meter connections are owned
by the Corporation.
3. The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken, except by a Corporation
representative.
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficent space, with unhindered
visibility and access close enough for reading with the naked
eye.
5. The utility user or occupant may enclose the meter.
6. The meter is not to be altered, defaced, or changed in any
manner.
7. The meter is to be installed without a valve between the meter
and the exterior stop cock.
8. There are to be no T's or supply splits between the stop cock
and the meter.
RATES:
1. All metered residential users shall pay $5.50 for each 1000
• gallons of water metered ( $5.50 for 4 .54609 cubic meters)
b2 . as a water rate.
Where residential municipal sewers are connected to the metered
supply, the sewage service rate shall be $4 .50 for each metered
1000 gallons of water ( $4.50 for 4 .54609 cubic meters) .
3. Metered residential users shall receive a minimum bill for
1000 gallons a month irregardless if it is used.
4 . Metered residents may receive a bill which is the composit of
both water and sewer charges which are $10.00 per 1000 gallons
( if user is connected to both sewer and water) ( $10.00 per
4 . 54609 cubic meters) .
• -2-
5. Commercial and industrial metered users shall pay a rate
that is 115% of the metered residential users.
6. Unmetered customers of occupied residence and businesses shall
1111 pay a monthly rate of equivilant to eight thousand gallons.
7. Unmetered customers of abandoned homes or businesses shall pay
a rate eqivilant to 1000 gallons upon approval by resolution
of council.
8. All customers shall be entitled to one free turn on or
turn off per calender year, and each turn after this shall
• be charged at $10.00. This charge shall be levied in case of
turn off for non payment of account .
9. All work performed on private property shall be charged at the
current rate and is to be due on rendering of account . This
charge is to be a lien .on the property and is to be collected
as an extension or addition to the water/sewer bill.
10. Should a municipal sewer be hooked to a private water supply,
the rate shall be $13.50 per month for a residential user.
ANY persons who contravenes this by-law is subject to a fine
of up to $1,000 upon summary conviction.
THIS by-law repeals and resinds all other previous by-laws
that determine user rates.
THIS by-law to come into effect on February 1, 1987 at
12:01 A.M.
THIS by-law does not replace the P.U.C. Act R.S.O. Chapter
423.
READ A FIRST TIME /id-7"i".
READ A SECOND TIME Q4,7186
READ A THIRD TIME n_ .Z'e()
/67?" 'T:
w
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
• BY-LAW 86-15
Meeting December 22 ,19 86
i 1 I
Moved By ..Z., la
\ j-1.---' That leave be granted to introduce ft By-law86-15
Seconded By A....-4.1-- ----- -7'- 03
reg i
to set water and sewer users rates effective February 1 , 198 .
and that Bylaw presented herewith be read a first time.
By-law read a
Moved By . 4 • ....-/ ..„...„-_____41--
II Ili That By-law now read a first time be read a
second time forthwith.
Seconded By .
By-law read a S .Ii ,d_ time
Moved By —. ' .-C.N. ....k.k..._..........__
, Ta htahtirBdf
y•la
time wnoorwthrweiathd.a second time be read
Seconded By 67 ---A--1 - .„."-r-/
By-law read a .......Thir.d_____--time
1 -c)..tcol
1111Moved By ..a.._.Z
‘
. Itt..h(Dat,, That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By N.q,, ,,S .... k- sealed by the Reeve.
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
111 BY-LAW 86-16
Meeting December 22 ,19 86
Moved By A-
(7
That leave be granted to introduce By-lawXaC 86-16
Seconded B . !Alf
to authorize the Reeve nd Clerk to sign the attached agreement which
forms part of this by-law and is with the Port Burwell P.U.C. to give
the Port Burwell P.U.C . certain authorities to exercise regarding the
Municipal water and sewage system of Port Burwell.
and that Bylaw presented herewith be read a first time.
By-law read a First time
Q _ .
B _ _..
Moved y
That By-law now read a first time be read a
Q second time forthwith.
Seconded By -__. __-- rN _ c1
By-law read a _.Second__._ time
��Moved By „A.& ., � •.r-.�--• ------------
/ \ 1 1 That By-law now read a second time be read
a third time forthwith.
Seconded By - — - - -
By-law read a
•
Moved By .-...... ..- -...._.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By sealed by the Reeve.
sao-
Wel ,.., 86-4
110
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
and
PORT BURWELL PUBLIC UTILITIES COMMISSION
AGREEMENT:
WHEREAS the Municipal Act RSO Chapter 302 Section 218 paragraph 19
allows the council of the local Municipality to impose water and
sewer usage rates and to:
1. Fix times, periods and frequencies for which water rates and sewer
rates shall be payable.
2. Add penalties for non payment.
3. Appoint agencies to have charge and the power and the responsibility
for billing and collecting such rates.
4. Billing and collecting of such rates.
5. Any other relevant matter or thing.
WHEREAS the Port Burwell Public Utilities Commission was established
by plebisite in 1952 with elected Commissioners.
WHEREAS the Port Burwell Public Utilities Commission are desireous
of assuming the responsibilities for billing, collecting, and managing
the Village water system and the Village sanitary sewer system that the
Corporation of the Village of Port Burwell now exercise.
The Council of the Corporation of the Village of Port Burwell agrees
to:
Review and establish the next year's water and sewer usage rate by
December 15. Such rate to provide for the collection of sufficient funds
to;
A) Pay Ministry of Environment for all estimated costs that is Port
Burwell share of Primary System Project 5-0002-00, Secondary
System Project 50087, and Tertiary System Project 5-0013.
B) Pay any anticipated deficit in collections for current year.
C) Pay any costs of Corporation of village of Port Burwell incurred
on behalf of the water or sewage system.
D) If required'Imaintenance reserve or sinking fund to offset future
repairs as designated by the Corporation of the Village of Port
Burwell. Such fund to be under the care and control of the Council
of the Village of Port Burwell.
E) Pay costs of collection, billing, and managment as established
by the Public Utilities Commission.
F) Pay the costs of maintenance and repairs of the water and sewer
system within the Village limits.
G) Pay the cost of operation agreement on the Sewage System with
Ministry of the Environment.
The rates are to be established on the basis of cubic meters or
1,000 gallons of usage or a flat rate may be set.
' -2- 40
The following is the method of calculation of Rates:
Water Rate Overhead.
Current years deficit on water system $
Water related cost incurred by
Corporation of Village $
Reserve Fund requirements $
Current years deficit, PUC for cost
of collection, billing, managment X .5
Next years cost by PUC for cost of
collection, billing, managment X .5
Current years deficit incurred by PUC
for repairing & maintenance of water system
Next years cost of repair & maintenance
by PUC of water system
TOTAL
Total overhead X 1 = Overhead $ /1000 gal.
estimated next years usage 1000
Total Water Rate.
M.O.E. service rate for next year - project 50002 (primary) $/1000 ga
M.O.E. service rate for next year 5-0087 (Secondary) $/1000 ga
M.O.E. service rate for next year 50013 (Tertiary) $/1000 ga
Add overhead (above) $/1000 ga
Total ( Residential) Rate "X" $/1000 ga
Commercial Rate = Residential Rate X 115 = $ /1000 gal.
100
Sewer Rate.
Current years deficit $
Sewer related cost incurred by Corporation
of the Village of Port Burwell $
Reserve Fund Requirements $
Current years deficit of PUC for cost of
collection, billing, & managment X .5 $
Next years cost by PUC for cost of collection
billing, & managment X .5 $
Current years deficit incurred by PUC for
repairs, & maintenance for sewer system $
Next years cost of repair & maintenance by
PUC for sewer system $
M.O.E. estimated operating cost next year $
TOTAL $
Total $ = $ /1000 gal of sewage (Residential)
Estimated 1000 gal of water
Commercial sewage rate = Residential rate X 115 = $ /1000 gal sewa
100
THE Council further agrees that the P.U.C. shall transfer funds to
the Treasurer of the Village on or near the following dates all
collected M.O.E. service rates and M.O.E. sewage operating costs:
March 31
June 30
Sept 30
Dec 30
On December 30 a further payment to be made to the Treasurer of
all collected reserve funds, and collected funds over and above the
costs incurred by the P.U.C. for collection, billing, managment, repair,
and maintenance. This is in accordance with the P.U.C. Act Section 34 .
THE Council of the Corporation of the Village of Port Burwell
further agrees that ;
A) The PUC shall have the right to hire personell, purchase parts,
and supplies and enter agreements to provide for adequate repair
and maintenance of all water lines and related valves and equipment
including water meters as previously provided by the Village.
B) The PUC shall have the right to provide a billing and collection
service at a frequency and a method as they determine adquate.
THE Council of the Corporation agrees that the P.U.C. does not have
the following rights as related to the water or sewer system ;
A) Without prior approval of Council, purchase any equipment over $1,000.
B) Enter into any agreement for a long term lease or contract (over
6 months) without approval of Council.
C) Any other duty not allowed by any statue.
D) Maintain a sinking fund or reserve fund.
E) Enter any supply or operation agreement with Ministry of the
Environment.
THE Public Utilities Commission agrees to provide to the Council of
the Village of Port Burwell the following data: to Villag
1. Monthly readings of (a) water meters measuring water supply
(b) total of all user meters
(c) Sewage Treatment Plant flowmeter (total flow)
The readings should be for a simular period of time.
2. Monitor and compare the various flow meters and investigate any
pipeline loss over 10% and report to council what action has been
taken.
The M.O.E. water service rate is the total of project 50002,
50087, and 50013 as set by M.O.E. for the current year.
The quarterly rate due to the Village on March 31, June 31, Sept 30,
and Dec 30, is the sum of these three rates multiplied by the waterflow
to the Village plus sewage plant operating costs. The P.U.C. agrees
o
transfer this collected money on the above dates. collection
The P.U.C. further agrees to turn over the balance of any
for the current year, to the Village on December 30, after deducting any
expenses incurred by the P.U.C.
411 III-4-
The P.U.C. agrees to supply the Corporation of the Village of
Port Burwell a detailed statement of all expenses incurred for- the
curent year.
The P.U.C. agrees to maintain a separate ledger and bank reconciliation
for the money collected on behalf of water and sewer.
The P.U.C. agrees to maintain a separate accounting of the expenses
incurred by the P.U.C. on behalf of the water and sewer and such
accounting to provide a year to date total. The expenses to be recorded
as repair labour, hired equipment , material, misc. overhead, billing labour,
billing materials, rented equipment, overhead. This category to be used
as a basis to provide by December 15 of the current year an estimate of
the next years requirements.
The estimate for the next years requirements shall also contain an
estimate of the expected water consumption. (This material is to
assist the Council in esIablishing the water rates) .
The P.U.C. agrees to allow the Village auditor free access to any
records, information or documents at any reasonable time.
The P.U.C. agrees that the Village policy for non payment of
accounts by a customer is to send a reminder notice about 10 days after
the due date and to disconnect the service on about the 21 day.
The P.U.C. agrees to continue the above policy. The P.U.C. agrees
that no water or sewer account is to be accepted in the name of a tenant.
The P.U.C. as a courtesy to the landlord may bill the tenant directly,
but the account is to remain in the name of the Landlord.
Should a dwelling become vacant with money owing on behalf of water
and sewer, the service is to be immediately shut off and not turned on
until the account is current .
The P.U.C. agrees to provide a list of accounts in arrears and
amount owing on June 30, and Dec 30.
The P.U.C. agrees to provide adequate repairs and maintenance of
all water lines, and related valves an equipment including water meters,
The P.U.C. agrees to provide adequate managment , billing, and
collection service as required.
This agreement to come into effect and full force on February 1, 1987
at 12:01 A.M.
On behalf of Port Burwell P.U.C. On behalf of Corporation of
Village of Port Burwell
ie k
�� tet— L2y/Witness / f, ;6
Witness �/ ��;��� .. ;/ "L
Co issioner Date isoto, Reeve Date
Witness �F � Witness A Ob
Commissioner Date Clerk Dat:
•
/41— ea-4
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
and
PORT BURWELL PUBLIC UTILITIES COMMISSION AGREEMENN T:
111/
WHEREAS the Municipal Act RSO Chapter 302 Section 218 paragraph 19
allows the council oof the local Municipality to impose water and
sewer usage rates and to:
1. Fix times, periods and frequencies for which water rates and sewer
rates shall be payable.
• 2. Add penalties for non payment.
3. Appoint agencies to have charge and the power and the responsibility
for billing and collecting such rates.
4. Billing and collecting of such rates.
5. Any other relevant matter or thing.
WHEREAS the Port Burwell Public Utilities Commission was established
by plebisite in 1952 with elected Commissioners.
WHEREAS the Port Burwell Public Utilities Commission are desireous
of assuming the responsibilities for billing, collecting, and managing
the Village water system and the Village sanitary sewer system that the
Corporation of the Village of Port Burwell now exercise.
The Council of the Corporation of the Village of Port Burwell agrees
to:
Review and establish the next year's water and sewer usage rate by
December 15. Such rate to provide for the collection of sufficient funds
to;
A) Pay Ministry of Environment for all estimated costs that is Port
Burwell share of Primary System Project 5-0002-00, Secondary
System Project 50087, and Tertiary System Project 5-0013.
B) Pay any anticipated deficit in collections for current year.
C) Pay any costs of Corporation of village of Port Burwell incurred
on behalf of the water or sewage system.
D) If required maintenance reserve or sinking fund to offset future
repairs as designated by the Corporation of the Village of Port
Burwell. Such fund to be under the care and control of the Council
of the Village of Port Burwell.
E) Pay costs of collection, billing, and managment as established
by the Public Utilities Commission. .
• F) Pay the costs of maintenance and repairs of the water and sewer
10 system within the Village limits.
G) Pay the cost of operation agreement on the Sewage System with
Ministry of the Environment .
The rates are to be established on the basis of cubic meters or
1,000 gallons of usage or a flat rate may be set.
-2-
The following is the method of calculation of Rates:
Water Rate Overhead.
k ,
Current years deficit on water system $
Water related cost incurred by
Corporation of Village $
Reserve Fund requirements $
Current years deficit , PUC for cost
of collection, billing, managment X .5
• Next years cost by PUC for cost of
collection, billing, managment X .5
Current years deficit incurred by PUC
for repairing & maintenance of water system
Next years cost of repair & maintenance
by PUC of water system
TOTAL
Total overhead 1
X = Overhead $ /1000 gal.
estimated next years usage 1000
Total Water Rate.
M.O.E. service rate for next year - project 50002 (primary) $/1000 ga
M.O.E. service rate for next year 5-0087 (Secondary) $/1000 ga
M.O.E. service rate for next year 50013 (Tertiary) $/1000 ga
Add overhead (above) $/1000 ga
Total ( Residential ) Rate 'X" $/1000 ga
Commercial Rate = Residential Rate X 115 = $ /1000 gal.
100
Sewer Rate.
Current years deficit $
Sewer related cost incurred by Corporation
of the Village of Port Burwell $
Reserve Fund Requirements $
Current years deficit of PUC for cost of
collection, billing, & managment X .5 $
• Next years cost by PUC for cost of collection
b billing, & managment X .5 $
Current years deficit incurred by PUC for
repairs, & maintenance for sewer system $
Next years cost of repair & maintenance by
PUC for sewer system $
M.O.E. estimated operating cost next year $
TOTAL $
Total $ = $ /1000 gal of sewage ( Residential)
Estimated 1000 gal of water
Commercial sewage rate = Residential rate X 115 = $ /1000 gal sew&
100
-3-
THE Council further agrees that the P.U.C. shall transfer funds to
the Treasurer of the Village on or near the following dates all
collected M.O.E. service rates and M.O.E. sewage operating costs: .
March 31
June 30
Sept 30
Dec 30
On December 30 'a further payment to be made to the Treasurer of
all collected reserve funds, and collected funds over and above the
• costs incurred by the P.U.C. for collection, billing, managment, repair,
and maintenance. This is in accordance with the P.U.C. Act Section 34 .
THE Council of the Corporation of the Village of Port Burwell
further agrees that ;
A) The PUC shall have the right to hire personell, purchase parts,
and supplies and enter agreements to provide for 'adequate repair
and maintenance of ell water lines and related valves and equipment
including water meters as previously provided by the Village.
B) The PUC shall have the right to provide a billing and collection
service at a frequency and a method as they determine adquate.
THE Council of the Corporation agrees that the P.U.C. does not have
the following rights as related to the water or sewer system ;
A) Without prior approval of Council, purchase any equipment over $1,000.
B) Enter into any agreement for a long term lease or contract (over
6 months) without approval of Council.
C) Any other duty not allowed by .any statue.
D) Maintain a sinking fund or reserve fund.
E) Enter any supply or operation agreement with Ministry of the
Environment.
THE Public Utilities Commission agrees to provide to the Council of
the Village of Port Burwell the following data:
1. Monthly readings of (a) water meters measuring water supply to Village
(b) total of all user meters
(c) Sewage Treatment Plant flowmeter (total flow).
The readings should be for a simular period of time.
2. Monitor and compare the various flow meters and investigate any
pipeline loss over 10% and report to council what action has been
• taken.
AOThe M.O.E. water service rate is the total of project 50002,
50087, and 50013 as set by M.O.E. for the current year.
The quarterly rate. due to the Village on March 31, June 31, Sept 30,
and Dec 30, is the sum of these three rates multiplied by the water flow
to the Village plus sewage plant operating costs. The P.U.C. agrees to
transfer this collected money on the above dates.
The P.U.C. further agrees to turn over the balance of any collections
for the current year, to the Village on December 30, after deducting any
expenses incurred by the P.U.C.
-4-
The P.U.C. agrees to supply the Corporation of the Village of
Port Burwell a detailed statement of all expenses incurred for the
curent year. ,
The P.U.C. agrees to maintain a separate ledger and bank reconciliation
isor the money collected on behalf of water and sewer.
The P.U.C. agrees to maintain a separate accounting of the expenses
incurred by the P.U.C. on behalf of the water and sewer and such
accounting to provide a Year to date total. The expenses to be recorded
as repair labour, hired equipment , material, misc. overhead, billing labour,
billing materials, rented equipment, overhead. This category to be used
• as a basis to provide by December 15 of the current year an estimate of
the next years requirements.
The estimate for thy next years requirements shall also contain an
estimate of. the expected water consumption. (This material is to
assist the Council in establishing the water rates) .
The P.U.C. agrees to allow the Village auditor free access to any
records, information or documents at any reasonable time.
The P.U.C. agrees that the Village policy for non payment of
accounts by a customer is to send a reminder notice about 10 days after
the due date and to disconnect the service on about the 21 day.
The P.U.C. agrees to continue the above policy. The P.U.C. agrees
that no water or sewer account is to be accepted in the name of a tenant.
The P.U.C. as a courtesy to the landlord may bill the tenant directly,
but the account is to remain in the name of the Landlord.
Should a dwelling become vacant with money owing on behalf of water
and sewer, the service is to be immediately shut off and not turned on
until the account is current.
The P.U.C. agrees to provide a list of accounts in arrears and
amount owing on June 30, and Dec 30.
The P.U.C. agrees to provide adequate repairs and maintenance of
all water lines, and related valves an equipment including water meters,
The P.U.C. agrees to provide adequate managment , billing, and
collection service as required.
This agreement to come into effect and full force on February 1, 1987
at 12:01 A.M.
On behalf of Port Burwell P.U.C. On behalf of Corporation of
• • Village of Port Burwell
itness Witnes i., !. .,i ,lr� _ .?3 ' .
Commissioner Date Reev- I Date
Witness WitnesThi .r'
,Z 6(
Commissioner Date Cler Date
i
r
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. 86-17
1111 WHEREAS the Council of the Village of Port Burwell deems it desirable
that Commercial and Residential uses be permitted on the subject lands,
and
WHEREAS the Council intended to designate site plan control over
411 the subject lands, and thus, subject to Development Agreement(s) , and
WHEREAS the Council deems it desirable and expedient that this
by-law be enacted to encourage development in the harbour area pursuant
to the East Elgin Official Plan as the policies apply to the Village
of Port Burwell and m9re .,particularly to the subject lands. This
by-law recognizes the requirement for any permits pursuant to Ontario
Regulation 545/84 as amended under the Conservation Authorities Act.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF
PORT BURWELL ENACTS AS FOLLOWS:
Area 1.
General Commercial (C1 ) Zone andHarbour Commercial (C3 ) Zone
The Cl zone permits a full range of commercial uses including
automobile service stations and .sales establishments; banks; hotel,
motels and taverns; offices; restaurants; and retail stores. The
minimum lot area for General Commercial uses is 1855 square metres
( 20,000 square feet ) where municipal sanitary sewage disposal facilities
and a pipe municipal water supply or a communal water supply are not
available.
Where municipal sanitary disposal facilities are not available
but a piped municipal water supply or communal water supply is
available, the minimum lot size shall be 800 square metres ( 8,600
square feet ) . Minimum lot frontage is 20 metres ( 66 feet ) with a
maximum building coverage of 60 percent and a maximum building height
of 12 metres ( 39 feet ) . No front yard is required along Robinson Street
between Waterloo Street and Pitt Street , or along Wellington Street
from Robinson Street to Erieus Street but the minimum front yard elsewhere
shall be 7 metres ( 23 feet ) . The minimum side yard where the yard abuts
a Residential or Park and Recreation Zone shall be a minimum of 4 .0 metres
( 13 feet ) , otherwise no side yard shall be required. The minimum
mar yard depth is 6 metres ( 20 feet ) .
The C3 zone permits marinas; boat contruction; fishing businesses;
public and private parks; industrial uses including boat repair operations,
grain elevators; storage areas for gas exploration equipment; and a
heliport . The minimum lot areas, frontage, depth, and rear yard are the
same as the General Commercial Zone as are the maximum building coverage
and building height regulations.
. -2- .
Area 2.
General Commercial (C1 ) Zone and Harbour Commercial (C3) Zone as
defined in Area 1 including recreation uses such as a water slide an4
water related commercial activities and associated usea.
0
Area 3.
Special Residential! ( RMSC) Zone to permit an apartment building
ilk
for senior citizens at a maximum density of 30 units per acre and a IOI
maximum height of 12 metres ( 39 feet ) . On site parking shall be
provided with a minimum of one space per two units.
Area 4.
Special Residential (RM;FI) Zone to permit a maximum of 24
townhouses. On site parking shall be provided with a minimum of two
spaces per unit which may include garages.
General Provisions. '
No building shall be located within 25 feet of an open public
road allowance or lot line. Unless otherwise specified, the maximum
height for any building or structure is 15 metres.
THIS by-law comes into full force and effect on March 10, 1987
or upon approval of the Ontario Municipal Board.
PASSED THIS 22nd DAY OF DECEMBER , 1986.
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CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 86-) ' ( '
1116
A by-law to designate the property known
Municipally as the Old Baptist Church,
Con. 1 Part lot 12, Wellington Street,
Port Burwell, as being of architectural
• and historical value or interest.
WHEREAS section 29 of the Ontario Heritage Act , 1974 authorizes
the Council of a Municipality to enact by-laws to designate real
property, including all buildings and structures therdon, to be of
architectural value and
WHEREAS the Council of the Corporation of the Village of Port
Burwell will cause to be served on the owners of the lands and premises
known as Old Baptist Church at Part lot 12 concession 1, Wellington
Street, Port Burwell, and upon the Ontario Heritage
Foundation, notice of intention to be published in the same newspaper
having general circulation in the municipality once for each of three
consecutive weeks;
THEREFORE the Council of the Corporation of the Village of Port
Burwell enacts as follows;
1. There is designated as being of architectural and historical
value the real proper:y known as Old Baptist Church on
Wellington Street , more particulary described as assessment
roll number 34-02-000-001328-00-0000.
2. The municipal solicitor is hereby authorized to cause a copy of
this by-law to be registered against the property described in
schedule "A" hereto in the proper land registry office.
3. The Clerk is hsreby authorized to cause a copy of this by-law
to be served on the owner of the aforesaid property and on the
Ontario Heritage Foundation and to cause notice of the passing
of this by-law to be published in the same newspaper having
general circulation in the municipality once for each of three
consecutive weeks.
S OF THREE READINGS: r.:1)
1f��.,
Reeve, Ron Br dfield
O
1111f/
er , Elwood Varty
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 86-0 N "
A by-law to designate the property known
Mynicipally as the Old Baptist Church,
Con. 1 Part lot 12, Wellington Street,
Port Burwell, as being of architectural
and historical value or interest.
411
WHEREAS section 29 of the Ontario Heritage Act, 1974 authorizes
the Council of a Municipality to enact by-laws to designate real
property, including all buildings and structures thereon, to be of
architectural value and
WHEREAS the Council of the Corporation of the Village of Port
Burwell will cause to be served on the owners of the lands and premises
known as Old Baptist Church at Part lot 12 concession 1, Wellington
Street, Port Burwell, and upon the Ontario Heritage
Foundation, notice of intention to be published in the same newspaper
having general circulation in the municipality once for each of three
consecutive weeks; •
THEREFORE the Council of the Corporation of the Village of Port
Burwell enacts as follows;
1. There is designated as being of architectural and historical
value the real property known as Old Baptist Church on
Wellington Street, more particulary described as assessment
roll number 34-02-000-001328-00-0000.
2. The municipal solicitor is hereby authorized to cause a copy of
this by-law to be registered against the property described in
schedule AN hereto in the proper land registry office.
3. The Clerk is hereby authorized to cause a copy of this by-law
to be served on the owner of the aforesaid property and on the
Ontario Heritage Foundation and to cause notice of the passing
of this by-law to be published in the same newspaper having
general circulation in the municipality once for each of three
consecutive weeks.
1111V
ES OF THREE READINGS:
4
Reeve, Ron adfield
Clerk, Elwood Varty
4
The Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Por"Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall he changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall be changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
he changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
This by-law read a .ret and second time t.is 27th day of September 1994.
•
.Aii•ok'e"
omas Nesbitt, Reeve
L 416. -
1).vi. 3 ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed-this 27th day of September 1994.
T. .mas Nesbitt, Reeve
Davi.►'. Free, Administrator/Clerk-Treasurer
3
THE VILLAGE OF PORT BURWELL
BY-LAW NO. 86 , cf
Being a by-law to appoint a Chief
Building Official.
WHEREAS Chapter 51 R.S.O. the Ontario Building Code section 3
requires that the Council of each Municipality shall appoint a Chief
Building Official..
NOW THEREFORE it i5 inacted thatMr. Tom Millard is appointed
//��
s Chief Building Official effective �b ' 412&,iSBlat a salary of
3 trQ . per annum plus $ per hour for each hour worked
at his duties.
Payment to be made annually in December. {
c0,04,4„,,
READ A FIRST TIME /
46
READ A SECOND TIME 61e .6/e6
READ A THIRD TIME AND FINALLY PASSED THIS p DAY OF !moi 19 6k.
Ate ,
..i
Ron Bradfiel�
Reeve
411 k
Iwo.: arty
Clerk
•
. ...
The Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act'RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
he changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall he changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87.15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
This by-law read a :rst and second time t•is 27th day of September 1994.
f4k.
/ Amek.e4Air
omas Nesbitt, Reeve
. � L
I.vi. '1 -ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 27th day of September 1994.
d/VA/
T• •mas Nesbitt, Reeve
Davie'. Free, Administrator/Clerk-Treasurer
3