Loading...
HomeMy WebLinkAboutPort Burwell By-Laws 1987Bayham Township Bye---; Laws By -Laws # 87 — 01 -- 87 — 27 1987 Form 100 Oat.•72 BY-LAW No. S 7 - 1 OfTap=jabj to authorize the borrowing of S 5'0/' w( Whereas the Council of the 0-�4 U (P`r+%i` &,� (hereinafter called the "Municipality") deems it necessary to borrow the sum of ; SO 0" vu to meet, until the taxes are collected, the current expenditures of the Nnicipality for the year: Nora. —Refer And Whereas the total amount of the estimated revenues of the to the "tin atn I ee the current Y MuniciP alit as set forth in the est' nate: adopted for the year VAX is year if ad., ted: if not. to t.. of I" year. y SS •° <r � . �`Q - �-�.—� �i.. d.o�.-P� - (Driete this paragraph if not applicable.) I And Whereas the total of amounts heretofore borrowed for the purposes mentioned in subsection (1) of Section 332 of The t lunicipal Act which have not been repaid is,S All L Therefore the Council of the Wf4le- of Ipf� ��r"` — hereby enacts as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from C.ANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate i SO 110 ' `0 to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed Moro from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. Passed this day of J 196 _ 7 .��. TI IIEA OF THE MUNICIPALITY SMAL 1 . I hereby certify that the foregoing is a trite copy/ of By-law No. 674 of the i f76 of r,-•Y e"^^ : in the Province of Ontario, duly prssed at a meeting of the Council of the said Municipality duly held, and that the said By-law is in full force and effect. Dated This 2 (e day of J__ 19 195- As Witness the Seal of the V-&1_ of CLERK .9 r-� THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ..... MovedBy .. .............. ._---_---------_ O y� Seconded By .-- .------_ `,1 .�`..---- --�----------------------------------- -- - .z L �) and that Bylaw presented herewith be read a first time. By-law read a ..... f_� ..--time .119... 87 That leave be granted to introduce By-law to • n � Moved By i ��c •...... _ ....__. That By-law now read a first time be read a (� O second time forthwith. Seconded By ._--�--- I By-law read a ... .......... . time Moved By Seconded By-law read a That By-law now read a second time be read a third time forthwith. 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. • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW # 8 7 — Z 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 operation, maintenance and mangement 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) members appointed from time to time 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, 1987. (3) The members shall be _�)Cmje W(6v� (4) This by-law repeals and supercedes all other by-laws which contravene the above provisions. 0 READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED THIS 441P" DAY OF 3ANUARY, 1987. Z�' Ron Bradfie Reeve l Elwood Varty Clerk -Treasurer qp 00 16 R THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 146 Meeting ..... ... .. . 196.3.4 MovedBy /e."_ ..... /Z_ . ......................................... ................ Seconded By .... LN... and that By-law presented herewith be read a first time. By-law read a .------.-.time Moved By ............. .......... Seconded By ...... .. By-law/read a ------------time - ; - - . ------- I "'11111611111ddw'�W M.A. a, Id, 0 By-law read a _1 _. — "--.time MovedBy . ................................ Seconded By .... A_ That leave be granted to introduce By-law to 87 Z That By-law now read a first time be read a second time forthwith. That By-law now read a second time be read a third time forthwith. .11� -------- - - That By-law now read a third time do pass, be engrossed by the Clerk, and signed and .... . ... sealed by the Reeve. of VILLAGE OF PORT BURWELL BY-LAW 87-3 A by-law to rescind by-law number 86-17 which was a by-law to zone four parcels of land on the harbour. WHEREAS by-law number 86-17 was without proper authority • of the Official Plan, Council enacts; THAT by-law number 86-17 is null and void and hereby rescinded effective upon passing of this by-law (1) MOVED SECONDED L / That by ^ -law No be read a f irs time. CRead and Carried, (2) MOVED [ _SECONDED e� That by-1 w No. be read a sa.Z t e Reading dispensed h (3) MOVED SECONDED That by-law o. be read a third t e. Reading dispensed with, FINALLY passed and carried. Reeve. V i c AGE CGUN ;d. ft s✓ CI^ v ...................... rk lrecs,jrcr F VILLAGE OF PORT BURWELL BY-LAW 87-4 A by-law to permit the name "Port Burwell" to be used by the Port Burwell Non Profit Housing Corporation. v WHEREAS council of the Corporation of the Village of Port Burwell is desireous of the name "Port Burwell" to be used as j part of the name of "Port Burwell Non Profit Housing Corporation" be it enacted that permission is granted for "Port Burwell" to be used as part of the "Non Profit Housing Corporation" effective upon third reading and passing of this by-law. (1) MOVED ECONDED� / That Ayv-law read a first time. Read and Carried (2) MOVED SECONDED That be read a secon time. Reading dispensed wit/ (3) MOVED SECONDED 6 That by-law be read a third time. Reading dispensed with,.FINALLY passed and carried. Reeve 4 ► _ L.% v VILLAGE OF PORT BURWELL BY-LAW 87-5 A by-law to ammend by-law 86-15, a by-law to set water rates. WHEREAS by-law 86-15 does not include a rate for sewer usage where Village water is not supplied. • Council of the Corporation of the Village of Port Burwell enacts as follows: 1) That the rate for sewer usage for unmetered private water supply is $20.00 per month. 2) That this rate comes into effect February 1, 1987 upon passing of this by-law. 3) That by-law number 86-15 is hereby ammended. v (1) MOVED ECONDED That b -law e read a firs tim ad and Carried 4,1 1 (2) MOVED ECONDED That b - be read a second ti e. Re ding ispensed wi ( 3 ) MOVED SECONDED / That by-law 7-ti be read .a third time. Reading dispensed with, FINALLY passed and carried. xz2e��� Reeve r _... Clcr Trccsurcr VILLAGE OF PORT BURWELL BY-LAW 87-6 A by-law to ammend by-law 260 being a by-law to construct and maintain a waiter works system. Council of the Corporation of the Village of Port Burwell enacts as follows: 1) This by-law amnlnds section "B" paragraph 1 so that the following ' is added "and approved plastic or PCV pipe". 2) This by-law shall come into effect on date of third reading (1) MOVED SECONDED That by-law"— be re a f' st ime. Rea �nd Carrie (2) MOVED SECONDED ,/ That y-law qV a read a sec d tim ading dispensed wit1Y (3) MOVED SECONDED That by-law be read a third ti Reading dispensed with, FINALLY passed and carried. Reeve ............. BY-LAW NO. 87-7_ VILLAGE OF PORT BURWELL A by-law to amend by-law number 87-2. WHEREAS the following persons have resigned from the Port Burwell Recreation Board: Mary Ellen Miller Michelle McCord AND WHEREAS by-law number 87-7 hereby amends,by-law number 87-2 by deleting Mary -Ellen Miller's name and Michelle McCord's name and adding: Debbie Stephenson READ A FIRST, SECOND, AND THIRD TIME, FINALLY PASSED AND CARRIED THIS 2nd DAY OF MARCH, 1987. � V J/d Reeve Ron Bradfield Village of Port Burwell i l wood V rty Clerk OVED BY \i SECONDED BY HAT by-law n 7 read a first tr-me. n Read a d Carried. YMOVED BY SECONDED BYI<� CC �� THAT by-law nwn er 7-7 be read a secoaime. ing dispensed with. MOVED BY SECONDED BY THAT by-law n mber 87-7 be read a thir READING DISPENSED WITH, FINALLY PASSED AND CAR IED. I[ 711e tt.cnicipat lct,FvO 1980 /1 :�ct�cst 1:8 TIIE CON'OrZATIG:J Or THE o V(Lt :aa: OF I• dri 13Y-1.AW 87-8 �• Being a by-law to adopt the estimates of all sur..s required to Le levied against '+ all rateable rrorerty during the year and to strike tl.c rates of taxation for the year 1987. ` MMREAS the Council of the Corporation of the VillaT of rnrt Dir.vlI in accorJ2nce with the provisicns of The Municipal l,ct, has prepared anJ provisionally aJcpted the estimates of all suns-tcquired during tLe year 19 87 for the purposes df the municipality, incluJing suns rejutre9 by law to he provided for school purposes and for any boarJ, ca!%mission or other body; AND WHEREAS the Assessment Roll prepared in 19 87 , and upon which the taxes for the year 1987 are to t:e levied, has teen finally revised by the Assessr..::r.t Review Court; AND W11EREAS the whole of the assessment for real property and business assessment, according to the said last revised assess- r..ent roll, is as follo.rs: Residential and Farn........ $ 640629 Ca.-.:r.ercial anJ Industrial ... S Business ....................$ AND 1•.MEREAS for taxation purposes the said assessment is allocated as follows: Residential Corr:crcial/ and ratm InJj,-tri3l/ Total Ausincss Public School Support ..... $ 640629 $ 180859 $ 821488 Separate School Sul•l.ort... $ 4 $ 675 $ 24829 Secondary Schoo Fpor�t..$ 478 $ 181534 S 846315 AtJD t.IEREAS The Ontario_ tin ')I Crams Act, 1975, provides for a fitteen I urcc.nt I15i) .iificrene a n residential/farm assassment and c:,:-i:rcia1litiJustr.ial/business assessment for the purposes of levy ir.; rates, in each year; AND VIIERF.AS The r-NC.ltien 1ct, 1974, provides that the rate to Le levied on resicfentiil a%i-fain assess-erit in each year shall be eighty-five I851) rer cent of tLe rate to be levied on cor. arcial, industrial and Ltisiness asscssr..cnt; NOW THEREFORE THE COUNCIL Cr THE CORPOnATIO.1 OF THE VILLAce- OF Prer eiE::.':CIS i:S FGi 1.0*..'5: 1. The estimates of the Corporation of the vill,,r . of r:rt R::1^11 for tLe year 1987 Le and they are hereby adopLeJ; :,.;t. ,.:.: 1987::r,:t.i�..: to t.� alloc-tcd to the reserve fcr t-•rkjn l oa. ls. (!.•:: ,, �,t c: :,•, ac.s at ta, h .f ,� r9 form aMr_ndix •A• of this by-lc::c, Cont•d....2 . Y ^ 2 _ � y •, i } . The suns to be raised by scans of taxation for the f i► year 19 87 be as follows, subject to the adjustments indicated, which a9just-.cnts are by law required to to made : • , (a) For general municipal purposes, a slim, of...S 254284 ' such amount to to reduced by a sun of ..... .$ 971Trj �- representing the r.ur.icipality's share of the 19, resource e•;ual i:at ion grant pay- Ontario Vairon9itional Grants M.T.C. ' -36000�R•.� mant tinder The I.ct, 1975; a sun -'Recreation ''6000 .... `of...... . ..................... .......S 2792 t representing the r..unicipality's share of • that telcrhonN and tcic5rarh gross ' receipts payable unAz r section U1 " of The Miniciral 7: t; and further reduced by a sum of....... .. .. ..... ...S 3735 • representing the municipality's share of payr..ents=in-lieu of taxes frcn all sources payable dutin% the year; and finally NIL reduced (increased) by a su:i of ... ...,.....S representing the ar..ount of any available other -- surplus (deficit) fr:-i and previous I•ear Revenue 23479 in respect of general municipal purposes; such adjustments yielding a net levy for general municipal purposes of ..............$ 85157 , ... (b) For county purposes, a sum, of... ......$ 30960 as requisitioned by the County of� Flgin , such a:-ount to be reduce9 bythe sum of.. o ........... — ........... 736 representing the County's share of that portion of telephone and tcicgrarh ,Toss receipts payable unlar section 161 of The Minicipnl Act; and further reduced bystia of ..... ........ .........5 900 representing tl.c County's share of payments -in -lieu of taxes frcm all sources payable in the year; and finally reduced (increaseJ) by a sun of.. ......... .......... .. .. .S NIL representing any ovcrlcvy (underlevy) in respect of tl;e 1986 County re gijisi- tion; for a net levy for county 29324 purposes of................................S . (c) For public school (clerentary) purposes, a sun of...... .................... .....S 65038 such amount being reduced by a sum of ...... $ representing the a-.ount of that portion of telephone and telegrarh gress receipts payable under section 1f 1 of he 1:uniei -al Act that is attributable to public school levies; and further rcdi,ce:l b1 a sun of....$ 2500 representing that portion of rah-+ents- in-lieu of taxes that is attrit:utable to public school levies; anJ finally reduced (increased) by a sun of............$ NJL representing any ovcrlevy (undcrlevy) in respect of the 19 86 Board of Utica- tion lcvy for put.lic school rurroses; for a net levy fcr rublic sclicol (eler..entary) purposes cf...................$ 60792•. Cont'd......3 MIM (d) For secondary school purposes, a sun of....S 534.75 such ar,ount teir.g rc:luced h, a - sun of ...... $13 representing tlic aro►:nt of that portion of telephone and telegraph gross receipts payable un.ler :ecticn lGl of he l:►►nicipal 1,ct that is attributable to seccrid.iry school levies; and further reJuccd Ly a SLL-D Of .. .. ........ .... 1900 representing that fortiori of payments - in -lieu of taxes that is attributable to secondary school le-ies; anJ finally NIL reduccJ (in�re3scdl ty a sun of............S representing any overlevy (►)n.:crlcvy) in respect of the 1986 n33rJ; of LJuca- tion levy for seconJ3 y school purposes; for a net levy for secondary sct.00l 50269 purposes of ......................... %...... 5 (e) For separate -school purposes, a s►lm of.....5 2850 such ar.ount being reduced (increaced) bya sum of..... .... ................S NIL any overlevy (un:ierlevy) in respect of the 1986 levy for fcrnn Catholic separate school purposes; for a net levy for separate scl.ccl purposes of ....... S 2850 3. There shall be levied and collected upon the whole of the assessment for real prcl.erty and business assess - rents, according to the last revised assessment roll, the following rates of ta):aticn for the year 1987 Residential Commercial/ and Farm Industrial i Business General municipal purposes.. 97.48 112.11 County purposes ............. 33.57 38.60 Public school purposes...... 71.23 83.81 Separate school purposes.... 114.24 134.40 Secondary school purp3--es... 58.90 69.30 T,r,l l?llc rAe 261.18 yielding a consolidated public school rate for residential and farm assessment of 261.1_8 _ rills and for ccr..mercial, industrial and business JI:=.sLss::unt of 303.82 mills; and yielding a consul i.lated sop arate school rate for residential and tarn assesss.cnt of 245.29 mills and for cc.:,r.:ercial, in,li►strial or..l business assessr..ent of 285.11 mills. V 4. In addition to the rates and taxes authorized to be levied pursuant to clause 2 of thin ty-law, all other municipal local or direct taxes, rates and charges, the collection of which is the responsibility of the runicipality or any Of its officials, Le levied and collected in the manner directed and authorizeJ by the provisicns of any General or Special Act or by-law Of the r..unicir3lity. :he kcal 1rTrrn1Crents to 1V c0l!0c•t(,l are to include eater fronta7--s, grater connect ions a:►,i set,►,r con.,k. ct ►c:►s. .irr tayes shall become Clue and payal,ic en tl:c 15th t1.,� of _ Y 19 87 0 but r..3y Le paiJ in i,+st3llt -�i.ts on tl.c 15th day oZ May , 19 87 , 11.0 15th play of _Jt,ly • 1987 , Lila 15th day ct S_- .tenber -8 1967 l•tovideddthat upon failure to nal:c ray-^nt cn any ins>allrent date, the ubole amount sl+all Lcc:.r.a dt:C and forthwith. 6, There shall be irposeJ a renalty for non-ra}Tent of taxes en due date of any install::zt.t thereof, tt.c ar.ount of 11.1 of the a-:iunt di:e anJ t,r.pa i J en tl.c first day of default, and an aJJitional rc alty cf 1%, s1:311 he adJ_d on the first day of each calcnlzr rznth tl.creafter in which default continues, L::t r.ct after the end of the year In which the talcs arc l.:vic3. 7. That where any taxes cr ether rates rc-3in due and unpaid after the 31st day of rec,: t.cr in the year in which they acre levied, there r11311 t c allc.l thereto interest at a rate of 1►.1 rer rznth V:r c3=1► t::.ntl, cr fraction thereof until the said t3xcs an.l rates are i+aiJ.• g. The Collector is hereby autl:ori:eJ to r,3il or cause to Lc nailea tlic t.oticc rf t3>:rs c),:C to the 3d3re:s of the residence cr place of Lusi►:css c! the rerscn to whom notice is requireJ to L= given. 9, xll taxes shall be raid into the Office of the Treasurer or at t c-a+vice, 1')rt Bunx:ll. pursuant to Section 366 (81 of The 1'_nicinal 1.ct . 10. l0tere a tenant of lands, o.:nc3 by the Crourn or in which - the Cro:cn has an interest, I.as 1 een crployed either within or outside the r.untcil•ality 1,, tLe .27c crployer for not less than 30 Jays, S.,:It cr; lc;-cr shall ray over to the Collector cn der..3nd ct,t of any w30.:5, salary, or other rcauncraticn due to such c-`l;)ycc tl.c arount then payable for taxes under this t.y-la.: arA sect+ r3;r.ent shall relieve the erploycr frcn any li:ijility to the crployce for the t• a f� ..1• I Ij ar..ount Fail. 11. The Collector and the Trc3st,rcr arc hereby etr.rowered"-xo ". accept part-payr.znt frcm tir2 to tine cri account of any taxes duC. , 1,11 col le tens are to l., of l-1 +.• t first to interest artrl p`nalty of oldest ,• outsty iinj ;tar. :::�,�:1i1�, t . c��t.:t.u►it:,� %a ik orders and utility collection placed en tlw roll f.r,tr.*tl.ii tax a: -.runts rnst outstanding 4 12. This by-law shall ccr.e into force and effect upon the date of its final passing. MOVED BY SECONDED BY THAT by-law number 87-8 be read a first time. Read and Carried. MOVED BY SECONDED BY THAT by-law number 87-8 be read a second time. Reading dispensed with. MOVED BY SECONDED BY THAT by-law number 87-8 be read a third time. READING DISPENSED WITH, FINALLY PASSED AND CARRIED. READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED THIS 30th DAY OF March 1981. 1 Ron Bradfield Elwood Varty Summary of mill rates k IDENTIAL 1987 1986 1985 are Village 97.48 j 107.15 102.03 County 33.5 28.23 24.08 Elementary 71 63 67.02 67.02 Separate 114. 67.02 65.11 Secondary 58.90 50.13 51.10 • Total Public supporter 261.18 252.53 244.43 Total Separate Supporter 245.29 252.53 242.32 Commercial & Business Share 1987 1986 Village 112.11 126.05 County 38.60 33.22 Elementary 83.81 78.85 Separate 134.40 78.85 Secondary 69.30 58.98 Total Public supporter 303.82 297.10 Total Separate supporter 285.11 297.10 It 1985 120.03 28.32 79.09 76.60 60.12 287.57 285.08 1984 97.25 22.08 60.55 62.41 50.01 229.89 231.75 1984 114.41 25.98 71.24 73.42 58.83 270.47 272.65 1 Port Burwell Recreation Parks and Community Centre Board Balance Sheet _ December 31, 198� ASSETS 1986 1985 1984 CURRENT ASSETS 5998 Cash • Accounts Receivable 6000 LIABILITIES Current liabilities Bank indebtedness Accounts payable 6 accrued liabilities -- Due to Village of Port Burwell SU1(PI.Ujc ( DEFICIT) 9.7 FUND RAI.At:CE 11998 11998 792 -- 6000 6792 183 __ 153 1759 1314 517 9 1650 5033 (1650) 6,792 -- I r PORT BURWELL RECREATION PARKS AND COMMUNITY CENTRE BOARD STATEMENT OF REVENUE AND EXPENDITURE YEAR ENDED DECEMBER 31, 1986 1986 1985 1984 REVENUE Rents - municipal trailer park, 10009 6416 booth 4800 • Grants - Province of Ontario 6000 12000 1240 Fees, service charges and special 8474 5851 13096 events, Interest 95 21128 85 27945 85 20837 EXPENDITURE maintenance, supplies and 6580 3976 3841 equipment Utilities and other services 447 2266 1840 supplies, services and special events 7136 7093 -- Transfer to own fund -- 14163 7093 21262 -- 22472 EXCESS OF REVENUE OVER (UNDER 6965 6683 (1635) EXPENDITURE (DEFICIT), Begining of year (surplus `)033 (1G50) ( 15) SURPLUS (DEFICIT), end of year 11998 5033 (1G50) O VILLAGE OF PORT BUpWELL BALANCE SHEET DECEMBER 31, 198i ASSETS UNRESTRICTED Cash Tax receivable Accounts receivable Other current assets • CAPITAL OUTLAY ANDFTOABEEREBy LONG OVERED IN LIABILITIES FUTURE EYARS LIABILITIES CURRENT LIABILITIES. Accounts payable and accrued liabilities Due to Dort Burwell waterworks other TIET LONG TE TtM L I AB I L I TES ACCUTTULI,TED NET RrVI:T:UE ( DLF'I C 1 ]' ) UNFINANCED CAPITAL OUTLAY RE SETtVES 1986 11441 64268 40118 11 B � 19208 NIL 1_(_ (17 �S—ti25 1985 14315 70112 12548 3724 lU 99 10�9 23138 49770 7 0 1 `,U89 (`)0332 ) ( 712811 ) 1,10334 81(090 1;0002 1 1 `)827 1 0(� 9 1984 84585 38642 94870 2525 Y 22p 22 8000 228622 98597 67274 lf,` 87i 8000 173871 8044 (83) 44 6�— 228(�_ VILLAGE OF PORT BURWELL STATEMENT OF REVENUE AND EXPENDITURE YEAR ENDED DECEMBER 31, 1986 t 1,986 1985r 1984 REVENUE 135627 134090 84008 Taxation Taxation from other governments 32737 31220 User charges 76696 162267 107169 81770 • Grants - Province of Ontario - Other municipalities 3567 3566 2478 12478 7367 7367 Investment income 33219 10694 4183 Other 429968 308300 223890 EXPENDITURE 164926 1 64547 General government 27421 22822 22822 19777 Protection to persons & properties 90329 66710 57927 Transportation services 106426 84917 44176 Environmental services 55953 16930 2847 Recreational & cultural services 8780 23668 Planning 6 Development 4.15— �57 701255 212942 EXCESS OF REVENUE OVER EXPENDITURE (15089) 7045 10948 ACCUMULATED NET REVENUE (DEFICIT), 15089 8044 (2904) BEGINNING OF YEAR ----- '-- ACCUMULATED NET REVENUE, END OF YEAR t�(144 VILLAGE OF PORT BURWELL STATEMENT OF CAPITAL OPERATIONS YEAR ENDED DECEMBER 31, 19 1986 CAPITAL FINANCING 45621 Contributions from the revenue fund 5500 Grants - Province of Ontario 15858 users Fee 84 lnvestment income 5706 • Prepaid special charges 1000 Equipment Sale 73769 CAPITAL EXPENDITURE General government 15858 Fire department 6418 Roadways -- Street lighting 5967 harbour and marina 24570 Environment services 52813 EXCESS OF FINANCING (UNDER) OVER EXP,GDOFURE YEP,R (70156 ( UNFINAr.CED CAPITAL OUTLAY) , 13EGINNI Er.D OF YEAR ( 288) 50332_ ) ( UNFI1:At�CED CAPITAL OUTLAY) , 1985 20652 19500 6031 143060 189243 6768 300 300 20844 232236 2( 44U 8 (71205) (83) (11288) 1984 36043 566164 1942 784 004933 540 1080 366155 1140 25244 208292 G02-�— 2482 ( 2565 ) (83) w r VILLAGE OF PORT BUR4;ELL soSTATEMENT OF RESEPVES YEAR ENDED DECEMBEP 31, 1TA P.EVENUE Transfer from the revenue fund Working funds • Fined assest - fire department FUND BALAOCES, BEGINNING OF YEAR FUND BALANCES, END OF YEAR TO CAPITAL ruND ANALYSIS: Po serves Working funds Fired assets - fire department EXCESS OF REVENUE OVER EY,PF.NDITURE 1986 1985 1984 62202 34000 5000 -- 3200 4000 62202 37200 9000 46790 37790 83990 46790 15858 125202 63000 5132 20990 130334 83990 46344 29000 17790 46790 VILLAGE OF PORT BURWELL WATERWORKS BALANCE SHEET DECEMBER 31, 1 981P. ASSETS CURRENT ASSETS Cash User charges receivable Due from the Village of Port Burwell • LIABILITIES CURRENT LIABILITIES Accounts payable and accrued liabilities FUND BALANCE ACCUMULATED NET REVE14UE 1986 3318 3318 3318 3318 1985 1984 50 50 2998 1614 49770 67274 52818 68938 -- 15782 52818 53156 52818 68938 1 VILLAGE OF PORT BURWELL WATERWORKS STATEMENT OF REVENUE AND EXPENDITURES YEAR ENDED DECEMB£R 31, 198,. 1986 REVENUE Sale of water General Municipal contribution •Fees and service charges late payment charges Interest EXPENDITURE Ministry of Environment - water charges - operating charges Administration Repairs, maintenance and capital additions EXCESS OF EXPENDITURE OVER REVENUE ACCUMULATED NET REVENUE, BEGINNING OF YEAR ACCUMULATED NET REVENUE, END OF YEAR A 68474 19575 389 88438 78629 19.575 7521 35531 141256 (52818) 52818 1985 71869 19787 434 1900 93990 71358 19787 3000 183 94328 338 53156 52818 1984 49278 19787 60 328 3000- 72453 56989 19787 3025 335 80136 7683 60839 53156 VILLAGE OF PORT BURWELL (PROPOSED) 1987 BUDGET TAXABLE ASSESSMENT 1987 1986 1985 1984 Residential public 640,629 624,490 637,566 620,393 Residential separate 24,154 26,140 19,094 20,114 • 664,783 650,630 656,660 640,507 Commercial Public 130,854 128,856 120,363 112,815 Commercial separate 520 500 500 500 131,374 129,356 120,863 113,315 Business public 50,005 47,195 44,060 41,790 Business separate 155 150 150 150 50,160 47, 345 44,210 41,940 846,317 827,331 821,733 795,762 VILLAGE OF PORT BURWELL 1987 BUDGET REVE14UE Telephone - Village 2792 - County 735 - School 1746 ant in lieu of taxes Ontario Grants - roads - per household - resource equalization - general support - recreation County road rebate Licences and permits Rents Penalty and interest on taxes Investment income Transfer from reserve fund OHRP Sudnry income Accumulated net revenue, beginning of year Taxation 1987 1986 1986 1985 budget Actual Budget Actual 6582 6450 6100 6018 14000 14628 10000 8700 36000 35000 35000 34100 1035N 11000 10290 64053 95217 39000 38696 22718 13000 12077 6000- 6000 6000 2000" 1950 1950 15004 8345 2000 5000 10004 8614 5000 4860 5000- 5463 2600 2000 2000.- 3556 2000 5000 2100' 1200 1500 -- 5000 42214 1740 1700 0 3000 3000 8044 1873U3 22.1667 139950 144435 228392 215240 215240 207935 415695 .138927 352370 w VILLAGE OF PORT BURWELL 1987 BUDGET EXPENDITURES 1987 1986 1986 1985 Budget Actual Budget Actual General government 16000 14208 15000 8300 Council Admin - salaries L benefits 35000 31900 31000 20300 Material, supplies, services 50000 58091 53730 36800 • Building maintenance OPP , 1fi00 -2-080 2000 1800 library, P.U.C. Capital purchases (computer, mis) 7000 --- --- 1100 Reserve for working c pital --- --- --' Sewer connection and hookup --- --- --- 11000 Fire Department Salaries and benefits 8000 6980 6000 5668 materials, supplies services 10000 11495 1000 7290 Reserve for capital replacement --- 15857 1000 3200 Conservation Authority 2000 1659 2000 1900 Protective inspections and control 6000 2302 8000 9134 Roadways Salaries and benefits Material, supplies, services 72000 90329 70000 59941 capital Street Lighting Power and maintenance 10000 8862 5000 30f,6 Capital replacement -- -- 2400 1503 Garbage Collection 20000 18198 17000 10482 Parks and Recreation Salaries, amterials services --- •123 1000 --- Transfer to recreation hoard 6000 6000 6000 6000 Planning and Zoning 8000 --- 3000 --- Debenture Charges --- --- NIL 8900 Sewer inspection, sidewalks --- --- --- (in other) Transfers to: County of Elgin 30960 25907 22000 Schools - Elementary 118513 106677 107000 2237 102237 - Separate 2850 1515 2000 1300 402073 402473 355130 326984 � building 12.772 --- --'- J "'- TOTAL EXPENDITURES: V 415695 402473 -- 355130 326984 � 0 I CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 87-9 A by-law to purchase lot 22, 23 East on/ Street and lots 23 and 24 West on Milton Street. WHEREAS section 193 R.S.O. Chapter 302 authorizes council to pass by-laws for acquiring any land required for the purposes of the Corporation. WHEREAS the Corporation of the Village of Port Burwell sponsored a Non Profit Senior Citizens apartment building. WHEREAS the Corporation has entered into an agreement to purchase the property as shown on sketch 86-591-D-1-A and which is attached and forms part of this by-law. WHEREAS the Corporation of the Village of Port Burwell will hold this property in trust and transfer this property to the Port Burwell Non Profit Housing Corporation at such time as requested by the Port Burwell Non Profit Housing Corporation . WHEREAS the Port Burwell Non Profit Housing Corporation will pay to the Corporation of the Village of Port Burwell the purchase price and such other expenses of transfer as is deemed necessary. THE Corporation of the Village of Port Burwell authorizes the Clerk to sign all documents on behalf of the Corporation to effect the purchase and transfer to Port Burwell Non Profit Housing Corporation. THE Corporation of the Village of Port Burwell authorizes the Treasurer to pay over the necessary funds to complete the transaction on or before May 30, 1987. THIS by-law to come passing. into full force and effect on date of MOVED BY �'COINDED THAT by-law rAimber 87-9 be read a carried. MOVED BY \ SECONDED THAT by-law nu er 87-9 be read a BY first t Rea and BY r seco d time. Reading dispensed with. MOVED BY SECONDED BY THAT by-1 w number 87-9 be read a third Readi dispensed with, finally passed an c.rried. A— Ksc mag dos kaqReeve Clerk 101 2 3 �V-S T v.✓ A 2 �t_ �, /-� C-. � v � _ /w .Z T � v i2 �✓ c G.C. G o T Z •4 L�acr.� �E✓%c« _ Z/ o > Z 3 E•lI. 3�¢nJ��tLa 'k23oeyZ /-/aQvc / ���✓/LtE _ /n57 _ G a v= ' 1 0 > Z 4 lU �u C' v < v v �v7 Z Z ZZ \ 1 Hgrz./t/ l��`✓/LLE 10 7 Z.3 " Z i v A 7- L1_7 lt�' �o C�C7is -5> ST7.+�omaS 63/-137/ • • CORPORATION•OF THE VILLAGE OF PORT JaURWELL BY-LAW 87-10 BEING a by-law to lease facilities to the Ontario Provincial Police. WHEREAS the attached lease document forms part of this by-law; . WHEREAS the Corporation is desirous of leasing the Property as shown on the lease under the terms and conditions as described on the attached lease; WHEREAS during the period named in the lease, the Corporation will be offering alternate quarters to be used as a station for the Ontario Provincial Police; THEREFORE the Reeve and Clerk are authorized to sign all documents to bind the Corporation to lease the property as described in the attached lease, and further to negotiate the transfer of the lease to alternate quarters for the Ontario Provincial Police. MOVED BY SECONDED BY , THAT by-law 97-_T0 be read a first time. ried. MOVED BY SECONDED BY that BY-LAW 87-10 be read a second time. ead ng dispensed with. �m A Ph MOVED BY CONDED BY c THAT by-law -10 be read a third time. Reading dis sed with, finally passed arried. Reev Clerk Ron Bradfield Elwood Varty OFFER TO RENEW LEASE BETWEEN HER MAJESTY THE QUEEN AND • NAME OF LESSOR: The Corporation of the Village of Port Burwell DATE OF EXISTING LEASE: November 1, 1985 ADDRESS OF PREMISES: West Side of Eriess Street Port Burwell, Ontario FILE NUMBER: L-891 We, The Corporation of The Village of Port Burwell the undersigned, being lessors of the above -noted accommodation, hereby offer to renew the said lease for a period of one (1) year from November 1, 1987, at a rental rate of $2,244.80 per year, payable $185.40 monthly in advance. All other terms and conditions to remain the same, save and except the option to renew. All other terms and conditions to remain the same, and the Province shall have the option to renew the said lease for a further period of one (1) year at a rental to'-�-ble(negotiated and under the same terms and conditions. V✓� �/�*""� �j �- i c� Dated at Port Burwell this day of 1987 a, IGNATURE: ADDRESS: The Corporation of The Village of Port Burwell P. 0. Box 299 Port Burwell. Ontario NOJ 1T0 M CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 87-11 BEING a by-law to authorize the purchase, moving and erecting of Old Baptist Church. WHEREAS the Corporation of the Village of Port Burwell is authorized by Section 193 R.S.O. Chapter 302 to pass by-laws acquiring and land (or building) for Municipal purposes; • WHEREAS the Corporation is desirous of acquiring the Old Baptist Church for Municipal purposes; WHEREAS the village entered into an agreement with Mr. Norm Barber ( the registered owner) on December 24, 1986; WHEREAS the Village is desirous of moving the Old Baptist Church to a site presently owned by the Village of Port Burwell on Pitt Street, therefore the Treasurer is authorized to pay such sums as the agreement with Mr. Barber specifies; THEREFORE the Clerk and the Reeve are authorized to enter into an agreement with a building mover to move the said building (approximate cost, $6,000.00) and any other necessary agreements to effect, the move; THEREFORE the Clerk and Reeve are authorized to cause a suitable basement to be constructed on the present. Village owned site on Pitt Street (estimated cost, $12,000.00); THEREFORE the Clerk is authorized to order such work to be done to leave the site of the Church on Mr. Barber's land in the manner specified in the attached agreement. A '/ i n MOVED BY EECONDED BY THAT by-law 11 d a first, time. Rea in pen- d with. MOVED BY SECONDED BY , THAT by-law 8 - 1 re a second time. Reading dispensed with. MOVED-�-' BY e�---s Co^-- SECONDED BY THAT by-law 87-11 be read a third time. Reading dispensed with, finally passed and carried. Reeve Clerk Ron Bradfie d ' Elwood VBrty lb [I THIS AGREEMENT mane this ) y t, day of December, 1986. 9 E T W E E N THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Village" - and - NOR4-AN J . BARBER hereinafter called "the Owner" OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner is possessed of certain lands and premises (the "lands") in the Village of Port Burwell which are known as the "Old Baptist Church" on Wellington Street; AND WHEREAS the Owner wishes to have all buildings cleared from the lands; AND WHEREAS the Village wishes to acquire and preserve the "Old Baptist Church" building for its own purposes and is willing to remove this building from the lands; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. The Owner grants the Village the right to enter upon the lands and to remove all buildings from it; property in all such buildings removed shall immediately vest absolutely in the Village. 2. The Village covenants that it shall pay the Owner the sum of ONE THOUSAND DOLLARS (51,000.00) on or before January 31, 1987. 3. The right granted by the Owner to the Village shall be exercised on or before April 15, 1987. 4. The Village shall: (a) Backfill all excavations with suitable material, to grade, and compact same to normal raw land standards; (b) Remove all building products from the lands, leaving same in a neat and level condition; • (c) Bear all costs of demolition and reinstatement; (d) Obtain all necessary permits and approvals; (e) Remove and place all materials at its own risk. • 5. The Village agrees to indemnify and save harmless the said Owner against any and all liability, loss, damages, costs or expense which he may hereafter incur, suffer or be required to pay by reason of the right granted hereunder. 6. The Owner represents that he has the authority and power to grant the right conferred herein to the Village. 7. If for any reason beyond its control the Village is prevented from exercising the right conferred herein, the Owner shall refund the consideration paid to him by the Village. 8. The Owner authorizes the Village to defend, at its cost, any actions or claims respecting the lands for which indemnity is provided by this agreement, including: (a) the right to retain and instruct solicitors in such matters; (b) the right to use the Owner's name in any proceedings; (c) the right to defend, settle, compromise or negotiate matters on behalf of the Owner; except that the Village confers upon the Owner the right to settle a claim made by one Roberts in writing on or before January 15, 1987, the Village will contribute a maximum of TWO THOUSAND DOLLARS ($2,000.00) towards such settlement provided that the Owner obtains a release from Roberts and those claiming under him from all claims to the Old Baptist Church Building or damages arising from the failure of arrangements between the Owner and Roberts. 9. In the event that the lands have not been cleared and reinstated as required by April 30, 1987, the Village shall pay to the Owner the sum of ONE THOUSAND DOLLARS (51,000.00) on the 1st day of May, 1987 as liquidated damages and rent and the further sum of ONE THOUSAND DOLLARS ($1,000.00) on the 1st day of each following 1 • month to October 31, 1987 so long as the default by the Village continues. This provision shall not apply at any time that the Owner is in breach of any obligation under this agreement, and this agreement shall be at an end on October 31, 1987 if not fully discharged beforehand. Q. IN WITNESS WHEREOF the Parties have executed this aqreement this oly t' day of�t�C� 198dgl/ THE CORPORATION OF THE VILLAGE OF PORT BURWELL witness ` r . Witn NORMAN, BARBER %�'6� V CORPORATION OF THE VILLAGE OF PORT BURWELL -- BY-LAW 87-12 Being a by-law to authorize the purchase and granting of certain lands. Whereas Corporation of the Village of Port Burwell is authoriz%grg by Section 193 R.S.O. Chapter 302 to pass by-laws acquiring land for Municipal purposes. Whereas the Corporation is desirous of acquiring land to hold in trust for the Port Burwell Non -Profit Housing Corporation to construct a rent geared income Senior Citizens Building on. The attached agreements of Purchase and Sale dated the 27th day of May 1987 form part of this by-law Exhibit "A" with Loreen and Harvey Neville; Exhibit "B" with George and Ruby Anger; Exhibit "C" with Michael and Tracy Van Beers. Form part of this by-law Therefore the Clerk is authorized to sign documents on behalf of the Corporation in connection with these three transactions. The Corporation binds the Clerk's signature and seal as at May 27, 1987. The Treasurer is authorized to pay out of the general fund such monies as required by the three transactions. This by-law 1-o come into effect on date of passing. MOVED BY S ONDED BY That by -la �u ber87-1 be read a first time: Read and carried. MOVED By— SECONDED BY / That by-law au, er87-12 be read a second time. Reading dispensed �. n/� ;.)MOVED BY� SECONDED BY/�j-,.a-=/ c((l That by -la.! au er 87_12 be read a third��' ''imme. Re ding dispensed pith, finally passed and 7f� d.Reeve �Clerk 14 AGREEMENT OF PURCHASE AND SALE R I R1i r l orm t \ I-cbruJry IYx2 In. tinder,IEned..ThEs. CorPQ.rat.ion pf .t.he Village of .PQrt .Burwell ............... ........... therein called ••Purcha,cr' I ha, ing inspected the real properry hcrch+ otter, to purehast . therein t �ikd -Vendor') GeoxQe..and. Ruby .Anger ................ ...... . ......................... h............................................................................................................. t r the Vendor)• All And singular the premise, on the ..Wert.. side of ..Milton ...... • • • • • ... • - Ya l] d9e ................ of ... PO.rt . Burwe.11....... and l.nown \fume rAl �o. .. . PT...?. 132 feet Plan 12... h.r\ing frontage n(66 ft on Wellington st ., and depth of .. .......................... all measurement. being more or less, therein callcd'•the real property'•) at the price tit __ _______D,diahls 10,000.0b Ten Thousand ---------- - - - - - - - - - - - - xIUltah of IJwIIII monc\ of Can d.t. paydtle ca,h cheyuc dated May 27 (87 One Thousand ) -- IS 1000 • 00 1 tuth 1i,r the Vendor a, a Jeri,[ to c held ,u,h \gent pcndti,gcomplcuon ur uthcr termination of this A ree- mcot and to he credited on account of pur,ha,r money on ,losing. and the Purtha,er agree, to pay the halaneC J, follow+ - By cash or certified cheque to the Vendor subject to the usual 4pdjustments upon completion of this transaction. This offer is conditional upon the purchases obtaining signed accepted offers on two other parcels of land on or before June 1, 1987 at 11:00 a.m. Should these two other parcels of land nOt be available then this offer is null and void and the Purchasers deposit is to be returned in full without penalty or interest. The Purchaser agrees to obtain at his expense a survey if required. The Purchaser further agrees to pay the cost of the Vendors solicitor for such reasonable costs are necessary. en gage giNen by 1 It the principal purl:ta%crI%)thet\mndo.itan\Ot the first mhillhereduced h the amountage arranged a, 'ol,u.hextc•++tthutnall.,iticrticrmcollthr,andm•hrtmedhick hall remain the ,Jme 1 nlc,+ othcrur,e pr,,\idcd, the real properi\ +hall include all Appurtenances and tixturr, relating to the real Property and without limiting the gcPcr•ltity tit the foregoing +hill Inctilde storm and screen ,J,h and door, electric light fixtures ....... .................................................. I................. ................ all,ulh a, are' ptc,enll\ on the real propert\ and JII of which the \ endor Narrant, ow ncr+hlp. Irce and clear of hens and encumbrances. excepting the lolluwing [cros which arc not uteudcd in Ihr puichax prtee ................. he Iolluw Ing eytit pmcnl I, rented and the 11urcha cr JEnc. to .i+,unit the rental smilract and sate harit tic, + the Vendor thereunder. ........................................................ 4 In i he c\ cnt of this Agreement being executed h+ the \'endor or I'll rchasci poor to cxecurIon h\ the other anJ until executed by [he at her, this •\grccmcnl ,hall constitute an irresocahlc utter to sell h> the \'endor or to purcha,c h+ the Purchaser as the ca,c ma) he until 11,:00I m r.m on the FirSt.. das tit .... June.. ... ................ 19 8.7. alter \\ hn h toile, d not rxiruted and delnereJ Mthe olhel, wch oiler ,hall hi null and \.�,J .Ina all Jrro,ti mime -hall hr rcturncd uilhoul .merest. _ I 29 June 87 5. 1 Ili, I,, n,action tit purchase Jnd ,-Ilc I, to he completed tin oI bclorc the .. ......... on which late \,rant posse+,Ion of the Real Property is to be Wien to the Purchaser, unle„ otherwise pro\ idcd herein. b I he I'lucha,ar I, 1,I Ke allowed .. d.t\s Irum the date of ac,cptJnee• hercol to c,aounc the title at his own c\pcn,e. IL within that time. any \ and ohlection to the title Is made tit w riting to the \ endor. w hich t he \ endor ,hall he unahlc or unw ilhng to rcmo\c. and which the Purrha,erwdl not waI\c. thi,agrermrnt shall, not wlth,tandingam intermediate act, or ncgotratiom in respect of,uchoblection. he null and \oid, and the deposit +hall he returned by the \endor w tthout interest and he and his \gent shill not he liable for any cosh or damJgc+. Sa\c as it) Jn\ \Jlld ohlntion so made w iihin,u,h lone, the Purrh„cr%hall he eonclu+itch deemed to hate accepted the title n( the \endor to the real property % 7. I he \'endor +hall pro\ idc. at his expense. a description at the real PloPcrly in a form Ac,epiablc to the I and Registrar for registration. K. Provded the title h good and free from all encumbrances. except As alwv,aid. and except as to Any registered right of way or other registered casement,, registered restrictions or co\ enanr, that run ",thine land. pro\ ided such arc complied with. the Purchaser is not to call for production of any title deed, abstract or other e\ idcnce of title except such as arc in po,+.+,ion it the \endor 9 1 he Vendors an ant, that he has not. as at : he datc.inJ time ul I he .r:: cplan:c of the w shin Met rccco cd any w rtticn orders or Airften rcquell, from any municipal or other go%crnmental all IIIMIt% Put !.it,I to w hieh an% week. reran, ur replacement, arc rryutred to he perlurmcd in rc,pc:t of or in,tallcd in the I '.ri rro; ::r-...' .! rue,:.. -ti i.int, the Pur+ h.sca ,h.iII he tehc%cd and exonerated Iwin an%uhlim.nr.nit.•stakean%in%-I..gtin aoinic•peatit.ei.:. 1 \cod.nh.,,r:..i%r,1..dolprior tofhcaloicmenrloncddafe d IIme any such written order%or requests which h i%e not then t+ecn,•nnplicil sit Ith the \ cndor ,hall pro4u:c the wmc to the Purch inspection and In the event Ihat any suchoir der-, or rrquc,t% ha, a hcen recci%cd by the Vendor regardlc%% W their nun-pnxluctio i Purchaser, the Purchaser may. at his option declare the w shin agrecmem to he null and %oid and all depose and other monk, hereunder by the Purchaser shall he returned to the Purchaser but without Inicrc.t 10. Pros ided that this Agrcement shall be eflectne to create an interest only it the %uhdo iron control pro%imons of the Planning Act are complied with h% the Vendor on or hcfore compietion and Vendor hcrch% cum cnants to proceed diligently at his expense to obtain any necessary consent on or before completion. 11. 1 he Vendor w arranls that the\'ender and all Grantors who still make come%ance hereinare and still he on the day of closing re%idcnts of Canada and the Vendor shall supply adequate e%idence thereof ai or heforc closing or. in the allcrnatise. e%idence that the pro%ision%of the Canadian Income Tax Act regarding payrgent to nun-rc,ident, shall be complied w ith if or hcforc closing and the Purchaser agrees that if he is a non-resident of Canada at the tin* of t he completion of I he w ithin Agreement al Purchase and Sale t hat he will pad such tax as may be leued and imposed from time Io time under 1 he I and I ranter I a% Act lOntano) applicable a, non-resident purcha,cn. 12. 1 he Vendor warrants t hat the use tow hich the property 1% presently being put tit in conformity w it h I he pros isions of all existing coning by -law,, and il'such use is not In conformity therewith. unle%, such use I%a legally nun -conforming use, the Purchaser at his option %hat be entitled to cancel the agreement and that there he refunded to him all monies paid under the agreement but without interest. • - 13. Fuel. l=lectricny,Rentrh.Mortgage Interest. loxes.Ilicit lmpnl%cmentand N'slerKalc+.ill Ilea fipt)rtruncdiindalluwcdtt)datcabo%c fixed for completion of the sale ' 14 l his offer. w hen accepted. shall constituiC a hirWing contract of pLrcha%c and sale and timi►%hall inall re%peci% be of the essence hereof. IS. It nagreed that there is fit) rcpresentat ion. warrant%, collateral agreement or condetoin atlectingthis Agreement or the real property or supported herchy other than as expressed herein in wasting 16. All buildings and equipment upon the real property shall be and remain at the risk of the Vendor until closing. Pending completion ofthe sale, the Vendor w ill hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of damage to the said premises the Purchaser may either hd%c the proceeds of the insurance and complete the purchase, or may cancel the .Agreement and ha%e all monies theretofore paid returned without interest. 17. Dccd or liamfci tic he prepared h% the Purchaser's solicitor and life regi,tration thercul shall he at the cost of the Purchaser and any mortgage to begt%en hack by the Purchaser io the Vendor shall be prepared at the cu,i et the Purchaser h% the Vendor's %olicdor and the Purchaser shall pay for the registration thereof and for any Sheriff'% certificate. It \ ender I% a truster. deed or transfer i% w contain trustee cu%cnants only and mortgage n to he en the usual lung tut m. 18. 1 his ultcr and u% acceptance i, to he read with all changes ill gender or number required by the cunic%t. 19. Am tender ut documeni% or money hereunder may he made upon the %ohcuur acting for the party on whom tender is required and it shall be ulficicni that a negotiable, certified chrquc may he tendered in lieu ill cash Nit currency 20 1 he heirs. cwcuiur%. aJmimsirators, %ucce%stirs and assigns of th. undersigned arc hound by the terms hereof. DATED at .POIt BUIWCl.l................. this ...Z!.... day of .... MOY............... ...... A.D. 1907. SIGNED. SFAI ED AND DFLIVERED IN W11 MES/,Ajhtrcol I have her set my hand and seal in the presence of: ..... ..... ........... ................... 11'urchrsrrl . ..... ............ ... Subject. to..appr oval . by. Council. by.. by; -law. THE UNDERSIGNED fit REBY ACCFPTS THE ABOVE. OFFER. DATEDat .................................... this ..�... day of ......... ....... ................... A.D. 19 .� SIGNED, SE.AI.F.D AND DEI IVERFD IN WI 1 NFSS whrrcu I hose hereunto s my hand and seal in the presence of. The I!ndersigned Spouse of the Vendor hereby consents to the disposition e%idenccd herein pursuant to the pro%i%ions of The Family Law Reform Act, S.O. 1978. C•.2. as the %ante may he amended from time to time. In consideration of the sum of One Dollar (S I.00) the receipt of which Irons the Purchaser is herchy acknoia lodged. the Undersigned Spouse of the Vendor herchy agrees with the Purchaser that he she AIll exccut: all nccs•%%ary or Incidental documents to gi%c full force and cffe* the sale e%idcnccd herein. ................................................................................................................ wll\f�% SPOItif ha%c read and clearly unJcrstanJ this Agreement of Pumbaw and Sale anJ I a.knuwlcJgi: ha%ing rccci%ed it true copy ill it on the ........... day of .................... 19 ............... r Ihereby authurlic ................................ Agent to forward a copy w %y %uhcuu VcnJui s Solicitor .!`�eq.t a�!7!•!1 ...................... Address: ............................................... Telephone No . ........................ 116 Verdur's Signature(%) .................................... Ihereby authowe................................ Agent to lorward a copy fit my %ojI&u4vW ///%gyp//� Jdre%%................................. Icicph,rrtc %o ........................ 1'ur:ha,ci', slignatuic(o.................................. ........................................................ VendorsAddress ....................................... Telephone No . ........................ ........................................................ 1'ur,tw%cr'%-%JJress..................................... Ick'phorw %o ................... C' (J _f �- AGREEMENT OF PURCHASE AND SALE U..f �' U%-/L E B.O.C. Form 3A February 1982 The undersigntd..The..Corporation.af. the Village. of Part. .Burwell ........................... (herein called "Purchaser-1 haling inspected the real property hcrchy toiler, to purchase fn,m .Kichael,.and..Tracy..VanBeers............................................... therein called"\endor") ........................................................................................................... t all and singular the prcmues on the • Ed9t s'dc of Sha�Cespear • • • •' • • • • • • • • • • • • • • • IV illage ................. of . P.ort.. Burwell ......... and known a+ \lumcipal No. PT ...... Lot Plan ..12..... hartng lrontagc of . SO.. feet. on .Well.ington. StWepth ol.6.6..fee.t........................ all mcasurcmenr% being more or less. therein called "the real property" 1 at the prier of Three Thousand --------------------------------------- x Dollar,(S3000.00 of lawful money of ('anada, payahlc cash chcyuc dated May 27, 1987 1e Sc 1 is:T�}UB gold is } Aglnat for the Vendor as a deposit to he held by such Agent pendngcomplerion mother termination of this Agree- ment and to be credited on account of purchase money on closing, and the Purchaser agrees tto pay the balance as follows. - A parcel of land South Part of Lot 22 Plan 12 Shakespear Street with 50 feet frontage by 82 feet in depth and adjoining Lot 21 is to be .transferred to Michael and Tracy VanBeers upon completion of this transaction. The Purchasers agree to pay all costs of additional legal expenses, survey expenses and necessary reverences, to complete this transaction. The vendors agree that they have no objections to the proposed use of subject land. This offer is conditional upon the purchaserobtaining signed accepted offers -for two tether parcels of land on or before June 1, 1987 at 11:00 a.m. If the purchaser is unable to obtain the accepted offers then this offer is null and void and the purchasers deposit is to be returned in full without penalty. 1. If the principal sum of the first mortgage arranged as aforesaid exceeds the minimum abuse specified. then the mortgage gixen by the Purchaser io the \'endor. it any, shall he reduced by the amount olsuch excess but all other irrms of thc,atd mortgage hack shall remain the same. 2. Vnless otherwise provided. the real property shall include all appurtenances and lixturc+ relating to the real property and without limiting the generality of the foregoing shall include storm and screen sash and dour,, clectnc light fixtures ..................... ..................................................................................................... ...................................................................................................... all such as arc presently on the real propert% and all of which the Vendor warrants ow ner,hip. tree and clear of licns and encumbrances. excepting the following Items which are not included in the purchase price................................................. ............................................................................................... he lollowing eyuipmcnt is rented and the Purchascr agrees to assume the rental contract and +arc harmless the Vendor thereunder ....................................................................................................... 4 In thec%cnt of this .Agreement heingexccuted by the \'endor or Purchaser prior tOexeetition by the other and unrtlexecuted by the other. this Agreement shall con,titutc an irrexocable offer to sell by the to, endor or tit purche,c by the Purchaser as the case may be until ..11. a m pm, on the ... F�rst............................ day of ...Jufie.......................... 19 8.7. alter which Ionic. it not c\ecutcd and dchscrcd by the other, such otter shell he null and said Lind all deposit monies shell he returned without interest. 5 1 his irens. etiun of purchase and sale is to he completed on or heluic the ...29 ...... dax of . June. on which date xacant possesston of the Real Property is to he gi\en to the Purcha+cr, unless otherwise prm ided herein h. The Purchaser is to be allowed . 10 Jays from the date of acceptance hereof to c+.iminc the title at his town expcn,e If. within that time. inx kalid objection to the title is made in w riting to the \"codor. which the \ endor ,hell he unahle or unw dhng to remoxe. and which the Purthaser w ill not waixe. this agreement shall, not w ith+landing any intermediate acts ar negotiations in rc.pcci of such objection, he null and xoid. and the deposit shall he returned by the \ endor without interest and he and his Agent shall not he liable for any costs or damages .Sa%castoamsaliduhiectionsomade within suchtimc the Purchascrshillheournclusi\elydeemed it) hascaccepted the title of the Vendor to the real prcpert� 7. l he Vendor shall pros idc. at his expense. a description of the real property in a form acceptable to the I and Registrar for registration. 8 Pruvidcd the title is good and free from all encumbrances, except as aG rc+aid. and except as to any registered right of way or oth{f registered casements, registered restrictions or :o%cnants that run w ith the land pros ided such are complied w ith. the Purchaser is not to call for production of any title deed. absuact or other c%idcnce of title except such as are in possession ul the Vendor. 9. The Vendor warrants that he has not. as at the date and time of the acceptance tit the within tiller recet%ed any written orders or written request, from any municipal or other go%ernmentaI author its pursuant to w hich ant wort, repair, or replacement% are required to he performed in respect of or installed in the real propern and pursuant to such warrants the Purchaser ,hall be rchc%cd and exonerated from am obligation to make am in%cstigmion in respect thereto It the \ cridot has rc:ct%cd. at or prior to the aforementioned date and time any such written orders or requests which ha%e not then been complied with the % cndor shall produce the same to the Purcha, inspection and in the went that any such orders or requests hase been reccocd by the Vendor regardle%% of their non -production Purchaser, the Purchaser may, at his option declare the within agreement to be null and surd and all deposit and other monies hereunder by the Purchaser shall be returned to the Purchaser but without interest 10. Pros ided that this .Agreement shall he effecri%e to create an interest only if the subdi%uion control pros uions of the Planning Act are complied ss ith by the \'cndor on or before completion and Vendor hereby consenani%to proceed diligently at his expense to obtain any necessary consent on or before completion. II. The Vendor warrantsthat thcVendorand al[Grantorswho will makccon%c%incc herein arcand will he tin theddy of closing residents of Canada and the Vendor shall supply adequate e%tdcncc thereol at or hcfore closing oi, in the afternari%c. cs idence that the pros i,ions of the Canadian Income tax Act regarding pa%mcni to nt)n-rcsidcnt% %hill hecomplied with at onccloreclo%ingandthe Purcha%eragrcc% that if he is a non-resident of Canada at the time of the completion of t he w thin Agreement of Purchase and Sale that he will pay such tax as may be Ic%icd and imposed from time to time under the Land I rari%lcr lax Act (Ontario) applicable to non-resident purcha,er,. 12. The Vendor warraniNthat the uscitt'vchich the Property is prcscntl% being put is inconformity with the pro% isionsofallcitiming/oning by-laws• and if %uch use is not in conformity therewith, unless such use is a legally non -conforming use, the Purchaser at his option shall • he entitled to cancel the agreement and that there be refunded to him all monies paid under the agreement but without interest 13 Fucl. Llcciricity, Rentals. Mortgage Interest. I axes. I ocal Improscmcnt a.id W atcr Nate,. to he apportioned and allowed to date above fixed for completion cif the sale. 14 This offer, when accepted• shall constitute a binding contract of purchase and sale and time %hall in all respect, be of the essence hereof. 15 It is agreed that there is no representation, warranty. collateral agreement or condition allcoing this Agreement or the real property or supported herchy other than as expressed herein in writing 16 All buildings and equipment upon the real property -shall beand remain at the risk of the Vendo• until closing. Pending completion of the sale, the Vendor will hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of damage to the said premises the Purchaser may either hase the proceeds of the insurance and complete the purchase• or may cancel the Agreement and have all monies theretofore paid returned without interest. 17. Dccd or trensler to be prepared by the Purchaser's solicitor and the rcgt%irarton thereof shall he at the cost of the Purchaser and any mortgage to he gisen hack by the Purchaser it) the Vendor shall be prepared at the c.i%i of the Purchaser by the %cndor', solicitor and the Purchaser %hall pay for the registration thereof and for any Sherifl'% cerrilicatc II Vcndoi is a tiu,tec, deed or transfer as to contain trustee co%enants only and mortgage is to be on the usual Icing form 18. This offer and its acceptance is to he read with all changes of gender or number required by the context. 19. Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is required and it shall be sufficient that a negotieblc. certified cheque may be tendered in lieu of cash or currency. 20. The heirs• executors, ad/mjinuuaton• successor and assigns of the undersigned are bound by the term, hereof DATED at .... �v . If/cr-s chi ............ this ... 1. day of ........ `1 �f �' � ................... A D 19 SIGNED. SEALED AND DELIVERED IN Will NESS whereof I base hereunto rt m% hand and seal in the presence of: I J.,. y�.�. .......... . .... .... C:�7<,. (.,� ............. tal�7�t / ' tr ur. Aa,c� THE UNDERSIGNED HEREBY ACCEPTS THE ABOVE OFFER. DATEDat ..................................... this .......... day of ..................................... A.D. 19 .... SIGNFD. SEALED AND DELIVERED IN WITNESS whereof I ha%e hereunto set my hand and seal in the presence of: ........... ........................................... I.............. i %cndoo ............................................................................................................. The Undersigned Spouse of the Vendor hereby corocnis to the disposition c%idenced herein pursuant to the pros uions of I he Family Law Reform Act. S.O 1978, C2. as the same may be amended from time to time In consideration of the sum of One Dollar (f 100) the receipt of which from the Purchaser is hereby acknowledged. the Undersigned Spouse of the Vendor hereby agrees with the Purchaser that he she will execute all necessary or incidental document, to gise full force and cffel�m the sale csidcnced herein. WITNFSS %PM tit 1 hasc read and clearly understand this Agreement of l'urcha,c and Sale and I a,knowlcdgc ha%nig rcccncd a true copy of it on the ........... day of .................... 19 ............... hereby authoriic................................ Agent to forward a copy to my solicitor. Vendor's Solicitor ....................................... Address............................................... Telephone No. ........................ Vendor's Signature(s).................................... 1 hereby authoroc................................ Agent to lorward a copy to my solicitor. Purcha,cr, Solix lor..................................... Addle ,,............................................... Icicphrmc %o ........................ Purrha,ct\ Signature(%) .................................. ........................................................ 16 Vendor's Address ....................................... Telephone No. ........................ ........................................................ Purchaser's Address ...................................... Ictcphow No . ................... L�r AGREEMENT OF PURCHASE AND SALE A 6 7—/ z E.B O.C. Form 3A February 1982 the undcrsigned..The . Coxporation..of ..the..Village..af..Por.t..B.urweLl....... I ................... (herein called "Purchaur") ha%ing inspected the real property hereby offer% to purchase from Loreen. and. Harvey. Neville ................................................. (herein called "\endor..) 0 t...................................................................................................I.......... all and singular the Premises on the .;test .. side of ... Milton Street ........................ n'*11,age .'of . Port Bufw©11 . • • . • • • • • • ......... • • • and known a% Municipal No .......... I (it . 2.5..... . Plan .. 12..... ha%ing frontage of .....6.6 .fee.t.................... and depth of ..... 13.2..f.ee.t................... all mcd%urcmcnl% being more or Ins. (herein called "the real property-') at the price of Three Thousand --------------------------------------- 1Ir,>il,ir%(S3000.00 ) of lawful money of Canada. pa-\ahle ca,h cheque dated May 27, 1987 To the Solic or Dollar% (S ) to the Agent for t%c Vendor as a deposit to be held h. such \gent pending complcrion or other termination of thi% Agree- ment and to he credited on account of purchase monc% on closing. and the Purchaser agree, to pd% the balance a% follou, - The Village of Port Burwell agrees to transfer to the Vendors Lot 23 on East side of Shakespear Street upon completion of this transaction. The Village agrees that the Vendor may lease the use of the subject land from the Village to continue the use as a propane storage site, until such time as the Village requires the land fn- other ^ (Estimated September or October of 1987)The cost of the lease to be $2.00 per annum. This offer is conditional upon the purchaser obtainLng signed agreements of sale on two ether parcels of land on or before June 1, 1987 at 11:00 a.m. Should the other offers not be accepted then this offer is null and void and the purchasers deposit is to be returned in full without penalty or interest. The Purchaser agrees that they have no objection to the Vendor moving the propane storage station to Lot 23, Plan 12 Shakespear Street. 1 II the principal sum of the first mortgage arranged a% atore,aid exceed% the minimum aho%c specified, then the mortgage green h% the Purchaser to the \ endor, if any, shall he reduced h% the amount of such exec%s but all other ter n%ol the said mortgage back %hall remain the same 2. Unless oiherui,c provided, the real property shall include all appurtcnancc, and fixture% relating to the real pr„pert% and without limtling the generality of the foregoing shall include storm and screen sash and doors, electric light fixtures .................... . ................................................................................................................. ................................................................................................................. all %tich as arc presently on the real propert% and all of w hich the Vendor uarrant%ounership. free and clear tit liens and encumbrances. excepting the following items which arc not included in the purchase price ................................................. 10 � I he following equipment is rented and the Purchaser agrm to a„uric the rental contract and sale hitle„ the It endor Ihercuitdcr. ................................................................................................................. ................................................................................................................. 4 In the e%ent of this Agreement being executed by the \ endor or Purchaser prior to c\ecution hx the other and until executed h% the other, this Agreement %hall constitute an irrc\ ocahle offer to %ell he the \'endor or it, Purchase h% the Purchaser as the case may he until ...11 : Ooa m p m no the .. First ............................ day of .....-JunE.............. ....... .. 19 .87 alter which time. it not %\%cured :end dch%crcd h\ the other, such oftcr shall tie null and %oid and all deposit monics shall be returned without interest. 5. fill, transaction of purch.i,e and %.ilc is to he comrfctcd on or hclore the .29 .... .. if.n of ...June. ........ I987.. nit which date %avant po%%cs%ion tit the Real 1'rnperty is to he gi\en to the Purchaser. unlc„ Mheruishe e pro%idcd rein 6 1 he Purchaser is to he allowed .10 day% from the date of acceptance hcrcnl to c\.rmne the title at his own expense If, within that time. am %alid obiccuon to the utle is made in u t iting to the \ endor. u hich the \ endor %hall he unable or on%ilhng to rcrnm e. and *hich the Purcha,er u dl not wai\ e. the agreement ,hall. not u nh,tanding am intermediate act or negotiation, in respect of such objection, be null and %old. and the dcpo,it shall he returned by the \ cndnr uilhout interest and he and his Agent shall not he liable for any co%t%or damage% ci:i\ca%toan%\alidohicetnon„,nindcurthin%ushi,me. the Pnrcha,crsit ill heconclu,t%chc1ccmceltoha%ea% t,prcdlhctitic of the \ endor to the real Pnyscrt%. 7 I he Vendor ,hall pro%ide. at his expense a dc,crrpuonot the real reopen% in a loon acceptable to the land Rcgntrar for registration X. Pro\Wed the title is good and free from all cncumhrance,. c%sept a, alorc,aid. and except as to any regi,tered IIght of ua% or other tc►ntcl(der,aits" nt%.I;Interedic,iii,Iton%of%r.cn.tit, t)ltttin vwit hc:atid Pro%idcd%u%ltarc comphcdwnh.the Purchaser vnotto %all tof pnvlucuon of an\ title deed. ah,ttact or othei %%+dens% of fill% c%,cpt such a, arc in possession of the \ endor 9. 1 he Vendor warrants that he has not. as at the date and time of the acceptance of the within of for rccei%ed any w riticn order% or written requests from any municipal or other gmcrnmental authority pursuant to which am uor►. repairs or replacement, are required it, be performed in respect of or installed in the real property and pursuant Ito such warranty the Purchaser %ha II be rche%ed and exuncra!ed from any obligation to make any ins estigat ion in respect thereto_ II the Vendor has rcccited. at nr prior lothe aforementioned date and time any such written orders or requests which hase not then been complied with the Vendor shill produce the same to the Pu,chjgla inspection and in the went that any such orders or requcsls hase been rcceis ed by the %enthir regardless of their nun-prtlductit Purchaser. the Purchaser may. at his option declare the wdhm agreement to he null and \oid and all deposit and other mom hereunder by the Purchaser shall he returned to the Purchaser but without interest. 10. Pro\ided that this Agreement shall be effecti\e to create an interest only if the suhdt\ ision control provisions of thc•Planning Act arc complied with by the Vendor on or before completion and %endor hereby consonants to proceed diligently at his expense to obEain any neeessary consent on or before completion. 11. The Vendor warrantsthattheVenJorandall Grantorswhuwdlmakccomcsancchercmarcandwill bconthedayofclo%ingresident%of Canada and the Vendor shall supply adequate e%idcncc thereof at or bclore closing or, in the alternatisc. c\ idcncc that the pros isions of the Canadian Income lax Act rcgardin t pay mcnt to nun-residcnis shall be complied w ith at fir before closing and the Purchaser agrees that if he is a non-resident of Canada at the time of the completion oft he a ithin Agreement of Purchase and Sale that he will pay such tax as may be lctied and impmed from timc to umc under the Land 1 ran.ler lax Art (Ontaria) applicahlc to non-resittent purchasers. 12. 1he Vendor AarranI%that the useto A ch the property is pre%ently hying put is inconformity with the pros ision\ of all exi%tingIoning by-laa%. and if such use is not in cohformi thcrew th. unless such use is a lcgalh non -conforming use. the I'urcha,cr a his option shall be entitled to cancel the agrecment and the there he refunded to him all monies paid under the agreement but without interest. M 11. Fuel. Electricity. Rentals. Mortgage Interest. I axes. Local I mprnscment and Water Rates. to he apportioncd anJ allowed to Jatr atli.\c' fixed for completion of the sale. 14 l his offer, t\ hen accepted, shall conslitute a hinding contract of purchase and sale and lime shall inail respects he of the essence heretlf 15. It is agreed that there i% nu representation. warranty, collateral agreement or condition allectingthi% Agreement or the real property or supported hereby other than as ckprc%%ed hereon in writing 16. All buildings and equipment upon the real property shall beand remain at the risk of the Vendor until closing. Pending completion of the sale, the Vendor will hold all insuranct policies and the proceeds thereof in trust for thc4partics as their interests may appear and in the event of damage to the said premises the Purchaser may either We the proceeds of the insurance and complete the purchase. or may cancel the Agreement and ha%e all monies theretofore paid returned without interest. 17. Deed or transfer to he prepared M the Purchaser's solicitor and the registration thereof shall tit at the cost of the Purchaser and am mortgage to be gisen back by the Purchaser to the N endor shall be prepared at the cost of the Purchaser by the \ endor% solicitor and the Purchaser shall pay for the registration thereof and for any Shenll's certificate. 11 %endor is a trustee. deed or transfer is to contain trustee co\enant% only and mortgage is to hi on the usual long form. IM. 1 his offer and its acceptance is to he read with all changes of gender or number required by the conic%t. 19. Any tender of documents or money hereunder may he made upon the solicitor acting tar the party on whom tender is required and it shall -he sufficient that a negotiable. eertift:d cheque may be tendered in lieu of cash of currency. 20. 1 he heirs- executors. administrators- successors and a%mgns of the undersigned are M1und by the tcrms'hereof DAI ED at 9.3 t . J PXWC.0 ................. tnis ...47 .... day of ....... MALY......................... A. 1). 19 .03 SIGNED. SEALED AND DELIVERED IN W II NCSS L77 d seal in the presence of: �' ..1.................. SubjectCouncil by by-law. . . ............. .................. ....... THE UNDERSIGNED HEREBY AC'C'EPIS IHE ABO%F OFFER. DATEDat ... .�s... '. lhs ....%. da\ of ..... A 1). 19 .C•/ SIGNED, SEALED \ND DELIVERED I?• W I I LESS saber of 1 haye h eunto set my hand and seal in the presence of: ........ .....,�.x� �1...... ............. 1 \ e1w1m 1 t ......... .! �... ..... ..../.. ...................... �U1S oa TOTl4 It, :11. E of the Pasco 1 he Undersigned Spouse of the Vcndor'4WOK CtikWl-. to the disposition et idenced herein pursuant to the pro\isions of I he Family Law Reform Act, S.O. 1979. C.2. as the same may be amended from time to time. In consideration of the sum of One Dollar (SI W) the receipt of a hick from the Purchaser is hereby acknowledged. the Undersigned Spouse of the Vendor hereoyagrees withthe Purchaser that be %hew ill execute all nece%%aryurincidentaidocument%tit gicefull force and etfes� the sale evidenced herein. .................................. ..... I............... ........................................................ w I 1 %I %% SP11I %I I ha%t read and clearly undctstand this lgreement o1 Purchasr and Sale and I acknoakdge hating recencd a true copy of it tin the ........... das of ............... .... 14 ............... Ibercby authority ................................ Ap,:nt to forward a cony to my .uficitot. Vendor's Solicitor ....................................... Address: ............................................. Telephone NO . ........................ Vendor's Sikn.itureto ........... ........ ... Ihcicb% authmiic................................ Agent It, lora:rd a ropy to my solicitor. 1'ufcha%cr'. Sijlicitor..................................... Address: ............................................... Icicphonc No . ........................ I'or, KIWI'- %1gu4turrt%1.................................. ........................................................ Vendors• Adt!ress ........................... . ...ito.... TElephsrrl� % . .................. ... ........................................................ Purchaser's Address ..................................... Ii:kpham N41. ................... F THE CORPORATION OF THE • VILLAGE OF PORT BURWELL BY-LAW 87-13 ------------------------ Being 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 users shall pay $8.50 for the first 1,000 imperial gallons of water metered each month, and an additional $8.50 for each 1,000 gallons METERED each month in excess of THE FIRST 1,000 gallons METERED per month. 2. Where municipal sewers are connected to the metered supply, the sewage service rate shall be $4.50 for the first 1,000 imperial gallons METERED each month, and an additional $4.50 for each 1,000 gallons METERED in excess of /. 1,000 gallons per month. This amount to be based on the water meter reading. 3. Metered users shall receive a minimum bill for •the first 1,000 gallons a month irregardless if it is used. 4. Metered USERS may receive a bill which is the composit of both water and sewer charges which are $13.00 for the first 1,000 gallons (if a user is connected to both sewer and water) and $13.00 per each 1,000 gallons METERED there after. 5. Commercial and industrial metered users shall pay a rate that is the same as the metered residental users. 6. Customers of occupied residence and businesses shall pay a monthly rate equivilant to eight thousand METERED gallons water and sewer if meter readings are unavailable or tampered. 7. Unmetered customers of abandoned homes or businesses shall pay a rate equivilant to 1,000 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 $15.00. This charge shall be levied in case of turn off for non payment of account. 9. All work performed on private property shall be charge 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 $11.25 per month . 11. Any out of Town user shall pay a rate of 1 1/2 times the in Village user. 12. No person may use water from a fire hydrant,with the exception of fire departments. Any persons who contravenes this by-law is subject to a fine of up to $1,000.00 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 July 1, 1987 at 1:00 A.M. THIS by-law does rWt replace the P.U.C. Act R.S.O. Chapter 423. MOVED BY SECONDED BY THAT by-1 -13 a first time. Rea #iid carri MOVED BY SECONDED BY THAT by -la �7 second time. Re di d with MOVED BY SECONDED BY THAT by-law 7-1 Ne read a third time. eading die need with, final ass REEVE CLERK k 1 J THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 87-14 ----------------------- Being a by-law to ammend the current lease between the Corporation of the Village of Port Burwell and Long Point Conservation Authority. WHEREAS the word "Lessor" appears in the fourth Lwe of the first complete paragraph on page 6 is no doubt a typographical error. THEREFORE be it enacted that the Reeve and Clerk authorized to sign a new lease with the subject word "Lessor changed to Lessee" all other terms and conditions to remain unchanged. THE subject lease is attached marked exhibit "A" and forms part f th' b law. MOVED BY SECONDED BY ` That by-1 w number 714 be read a first time. Read and carried. //' MOVED BY �. 2 P �C<..-L� SECONDED BY That by-law 87-14 be read a second time. Readi dispensed with. r� MOVED BY i4lk//�` SECONDED BY O That by-law #umber 87-14 be read a third time. R6adin dispepAed with, finally passed and rried. Reeve Clerk l c* a THE CORPORATION OF THE VILLAGE OF PORT BURWELL BYLAW 87-15 BEING A BYLAW TO AUTHORIZE AN "OFFER TO SETTLE " RE: THE OLD BAPTIST CHURCH. WHEREAS THE COURT ACTION TO SETTLE THE OWNERSHIP OF THE OLD BAPTIST CHURCH APPEARS TO BE BEYOND THE FINANCIAL LIMITS OF THE CORPORATION: WHEREAS THE ATTACHED "OFFER TO SETTLE" FORMS PART OF THIS BY- LAW AND IS MARKED APPENDEX "A': WHEREAS THE CORPORATION IS DESIREOUS SIGNING THIS AGREEMENT: THE REEVE AND CLERK ARE HEREBY AUTHORIZED TO SIGN THE "OFFER TO SETTLE" ON BEHALF OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL: 117 , MOVED BY 6)J THAT BYLAW #87-15/99 RIA SECONDED BY FIRST TIME. READ AND ORMIED MOVED BY % /aj,� /YI `ii.....y SECONDED BY, THAT BYLAW #87-16 i3l SEC07 TIME. READ MOVED BY SECONDED BY THAT BYLA 7-15 BE RBA A THIRD TIME. READI WITH FINALLY PASSED AND CARRIED. JULY 13,1987 DISPENSED B E T W E E N: '� ,, r ��8 e r %o a74' S File No. 1968 SUPREME COURT OF ONTARIO HICHAEL ROBERTS and TONI VANMILLIGEN Plaintiffs - and - NORMAN J. BARBER, NEVA E. BARBER, ELWOOD VARTY and THE VILLAGE OF PORT BURWELL Defendants OFFER TO SETTLE The Defendants offer to settle this proceeding on the following terms: 1. The Defendants waive all claims to the church building described in paragraph 7 of the Statement of Claim. 2. Tne Defendant municipal corporation acknowledges that the Plaintiffs are entitled to a demolition permit and will direct the issuance of same to the Plaintiffs. I - 2 - 3. The Plaintiffs shall complete the demolition of the church • building by September 30, 1987 by removing all building materials and leaving the site in a neat and level condition. 4. In the event that the work required in paragraph 3 has not been completed by September 30, 1987, the Plaintiffs shall be jointly and severally liable to pay the Defendant Norman Barber the sum of $30.00 for each day that such default continues, unless such default results from an act of God, the actions of the Queen's enemies, or other cause beyond the control of the Plaintiffs. 5. The Plaintiffs and the Defendants release each other jointly and severally from all claims and causes of action which in any way arise out of or concern the matters described in the Statement of Claim, and agree not to take any proceedings which might result in a claim for relief over respecting these same matters or their consequences. 6. Upon acceptance of this offer to settle, the Plaintiffs shall assume all risk and responsibility for the condition of the building and shall remain liable for all activities associated with demolition during the work required in paragraph 3. The Plaintiffs further agree to confine work to between the hours of 7:00 a.m, and C -M u - 3 - 9:00 p.m. daily and will take all reasonable steps to avoid interfering with the reasonable enjoyment of the Green Acres Campground by the tenants and guests of Norman and Neva Barber. 7. The Plaintiffs and the Defendants consent to the dismissal of the within action without costs. DATE: July 10, 1987 TO: LERNER h ASSOCIATES Barristers and Solicitors 80 Maple Street London, Ontario N6A 1K4 T. M. Conway (519) 672-4131 Solicitors for the Plaintiffs 16 SISKINO, CROMARTY Barristers and Solicitors 471 Waterloo Street London, Ontario N68 2P5 Barry R. Card (519) 672-2121 Solicitors for the Defendants THE CORPORATION OF THE VILLAGE OF PORT BURWELL on his or behalf / N RMAN J.. BARBER NEVA E. BARBER MICHAEL ROBERTS an TONI VANMILLIGEN - and - NORMAN J. BARBER, NEVA E. BARBER, ELWOOD VARTY and THE VILLAGE OF PORT BURWELL (for Judge's use only) SUPREME COURT OF ONTARIO No. 1968 PROCEEDINGS COMMENCED AT LONDON OFFER TO SETTLE SISKIND, CROMARTY Barristers and Solicitors 471 Waterloo Street London, Ontario N6B 2P5 Barry R. Card (519) 672-2121 Solicitors for the Defendants BRC/jm 12302 By -Law Number 87-16 Being a by-law to lease a portion of land adjacent to the Lighthouse on Robinson Street. WHEREAS Chapter 302 Section 208 paragraph 57 grants Council the authority to enter into an agreement for the • management or maintenance of an area which is of public interest. COUNCIL therefor.enacts that the attached lease which forms part of By-law number 87-16 and is marked appendix "A" be signed by the Clerk and is to come into effect on passing of this by-law. This by-law to come into effect on date of passing. MOVED BY V � ECONDED BY DATE o (� That by-law dumber 8776 be read a first time. Read and car i . MOVED BY�,, SECONDED BY DATE �0 7 That by-law numb r 87-16 be read a second time. Reading dispensed with. MOVED BY v SECONDED BY ` AT e-, That by-law 8716 be read a third time. ffeading dipensed wit , finally passed and ca ried.6126, AA - Clerk ek • r owe .u, ►rr. o■ •nr uw,tao •rw ro.. .. ro u.. n.c .. a .. o..r =� ra rwpo„�rruw ow.r►, ►c •••:.w Gutw 1 made the `y day of a"3 one thousand nine hundred and eighty-seven In pursuance of the Short Forms of Leases Act :LIrtiuml Bradcrinex herein called file "Lessor," of the Fint Part and The Corporation of the Village of Port Bur►iell herein called the "Lessee" of the Second Part WTNUSSUll, That in consideration of the rents, covenants and agreements hereinafter re.ersctl anti contained on the hart of the Lessee, the Lesser loth demise and lease unto the l e,see, his csecutun, a,lininistratu`s and anigns, all that mes,uage or tenement sit- uate, Ding and being k acar.t 1.1;10 t,CaLEt. Jt Robinson Street South from the Lighthouse for approximately 200 feet and from Robinson Street Jest for approximkly 70 feet. c O TO HAVE AND TO HOLD the !aid demi,td premises f.,r ai..I dar.r.d the term of a I X il,, : Llta to be can;l,ute,l irum the i i r ziL one thansand nine hundred and I.itt-n day of Juiy and frcm th.actfoith ctxt ensuing It1.I f..i; toLt cu::.1;'t.: 311A :I .IC.I. t.n It— 14th day of October 1988 t,n1,5s Othorw,se terminated. 1'11:LIIING AND PAYING therefor h:vf 1•• slid ever. � year Aurin;; tLe said term unto the said Le„ur :he,unl of TWO ($2.00 ) -------------- - - - - - - dollars, to be payable on the following days and times, that is to say: On the first day of July, 1988 tire-first-<fsn eh- pal-fft t"t4 e-irreor»e �,e o�rd�eir+atiedo�}+P- day-cyf-------------------------next-arnFttre la�tparr-rnt�o�ecorne-t}t>zd W pail! in-aidtaHGe--4U-tka-----------+1-&i-k4------------------------39 THE Lessee covenants that h(,. will not Jo or permit to be done on the said premises anything which may be anrou :nlz to the Lessor, or v.hich the Lessor may deem to be a m;i-ance, and that the Lessee hill use and occupy tLe Bald premises as a shop or Ptore and prkate dw,11ir,b house omY, Jn.i will nit carry on or permit to be carried on therein any trade or business other than that of AND the said Lessee covenants with the said Leacnr to pay rent: and to pay taxes, ir.tludir.b Incal impruvements; and to pay hater rates; and to repair, rea=rnaLle wear and tear wjo daringe I,) tire, Ilghtiung anti terlpest only excepted; a-d in I:erp up fences; and not to cut &)"n timber;;I1: 1 tl,_It the s31.1 Le,;ur play enter and view state of repair, and that the sal,l Lessee will rep:ur aceordiug to notice in writing reasonable wear and tFar and damage by fire, lightning and tempest only excepted; incd will not assign or suh-let 11 itLca'1 1,:'. e, :,I it :.1:1i l•,,::"I;1 1.1:;.:, uo,wilit lan,ling tll_ I ruvj_4i.ns of �ectlon of Chapter 23' of the Ce%i<cd : tarutei of Gtitarn, 1960, h; arbar,rily refused b; the Lessor in his sole and uncontrulled discretion. AND 11 ill nut carry on upon the ,aid premises any business that may be deemed a nuisance. AND that he dill 1: ave the premises in good repair, reasonable wear and tear and damage by fire, lightning -,rid tempest only excepted. THE lessee covenants that he is the sole owner of all goods and chattels that are to be brought upon the premises, and tFat they are free from any mcrtgage, lien or other charge. PROVIDED that the Lessee may remove his fixtures if all rent due hereunder has been part. ;E'fi(1l'1PF. thaEln�het+terlt vf-fen-lishtnirrs-er-tercet TeM-sltafl-cease-nnt+the pr<•n,i,.M-;il i -rebtlilt.--- PROVIDED that, in the event of the destruction or partial destruction of the sttid pr mkes, the Lussur may d, clare the term hcrc•L'y granted to be forthwith terminated, and in such event rent shall be palal,le up to the time of such destruction cr partial destruction. Przovir1ED also that during the luL ts+o orikcr4 tka said term any stranver or str ingi r, may its; ect the gai.l pr mi,ez on nny Jay except Sun,iay, on prodnring a written order to that e.Tect,ibned Lp the Ltssur. 1'Ia t1 lllr;I1 that the Lessor way place upon the said premises at anv tune (luring the said term a n,)tice that the Faits premises are for sale, and within torn mr:lths prior to the tr•r. trinmi„n of the said terni way place a e„ti:e on the !t:ti,t premi-ei thst tl.e�: are to he lest, ar:.l the Les,ce agrec3 that I:C 11Ill r.ca remove such noticts, or pernat them to Le removed. PROVIltl?D also that if the term hereby granted, or any of the goods an-1 chattels of the l r� shall be at any titne sei-c•d or taken in executirm nr in atLtrhment by any ereditnr of the l.rs-ee, or If a writ of execatiun shall i=.+::e against the gnr,,is or chattels of the Le: -re, or if the Ltssee sh:Jl execute ally chattel mortwart: ur hill of gale t.f ant• of his Fi,nda or chaitt I;, or If the I.e,, ,e ,hall rl.,ke :illy as,ienmt nt fur the Lerel;t r,f crrdlturs, or b,•c•,mun,; I arkrtl; t ••r _.rt ;1 _II t_F:_ the hen. nt ­f arty Act that may be In furre f,,r t:lul:rul.t r,r in, I%t•nt dtLt,Ir,, or in ca-e the sail prt•Ir.I:s ,•hrcr,nir varant anti an r. main G•r the period of tw,:nty dad•+, or I e u< d for an;• other purpo+e tFan that f„r v Li: h they were I, t• or in case the Lessve .:hall attempt to aLan,lun the said pren,l„i, or to <t11 or dispute of his go, la and chattel, ,u Mat there wuul l nt,t in the exert of su,"h sale or dl,pusal Le, In tLe ul.inic,n of the Les„ r. a ,utl,clent distress on the preml-e, fur the then account; rtnt, thin the current nim,th'd ret:t, tcv-th, r lvlth the rent fc,r else three mr•nthd next a:cruin;; and tl,e taxes for the then current year (to Le recLt.r.ed on Me rate iur the next 1,recoLu6 star in ca,tc the r;.te :hell n, t have hen fixed for the then current yearl, ,earl► Imo:, dt�:, ly Lecorre d;,e an] l:al at•le, and the said term shall, rt the )I,ti,•n of the Ltr, or. furth.tlth Lccurre furfelttd any) detern,in:d. and tilt Lrr �t,l" nlay re-enter and take p,:5ie3dL)n of the ssl•1 prtlnirei as Ito -ugh the Lerst'e was hoiding over att.•r tl,e txp:r.,tl,al of tee talc! term. an•1 in tc,•ry of the ai,nve caae,; srlrh taxed or accrou.l pul(lun Iher.ul sn-Al Le Ly tLe Le,Sur In the same manner as the rent hereby re_er,td. P1,0 'IDED that in case of removal by the Lessee of his gonds and chattels from the prumi,cs, the Les.nr may full -. th,•nl f,.r thirty ti.,%s in the some manner as is pr..vi,Itd for itl 0!e ACt I.e?peitin.: and Clande,tllle I.Cllluv"I tie Gotlik THE i eciee cmenants that hp wol not .1a nr-permit to LP dire any art air thingv.hich _ r. v IT.ral-e told fir �••id.a!!.• :.. r.-,ar:.l.:e c(..n :.n: art there„f, up„n the a s.J,l (r.n::err .,r vb;4!; I:.:a, �'..�1 � .U.y IL:h':a4•t or :a•l•:ata.�l.:.l 1:.li;luLl L, Lc (•ajdl,le f..r "r.y rli:ll 11a-all:J;ce. 'I II1: 1 a • ,!..,il ..1 :all..%• ;u.. :a•L. s r..*.* 1•e. Farl .1ze or (-Ili, r 1•„ ;e or r.l.irctinnal,le :at n:a ri.d ti :a: cimnnl.•te in or a1.n,at lha LaJ!,ling, yards fir (aa-=:,gr3 of the said prerra�eai, ar•d %all at :all tine+ krap the sa;d pn mi.*vi in clo.an and whol—r-me cundili;.n, and shall, immidiah•l:• Lcl.,re the lerwinali,nl of the term hereby granted. cash the fl„firs, %vindo%s and ;;oo.f%ork of the .aid pr,'mlies. THE Lessee covenants that he:vill keep the sidewalks in front and at the aides of the said prccnu;c3 free of �anoiv and ice; nrA that the Lessee shall tint, during the said term, injure or rcnirtve any shade ?revs. -hrut here, 1ledfr i or ether tree or plant which may he in, upon or ai.mit the said prtn:i;(•+, and that he will keep in g,,..d condition the boulevard and other s-,&kd space; :about the said premises. PPOVISO for re-entry by the said Lessor on non-payment of rent or non-performance cf covenants. l"110VIi F17) also that in the case of a seizure or forfeiture of the said term for any of the e:ansrs herein set forth. the Less..r zah.all have the some r:Zht of re-entry es is given under the r.ext (receding proviso. • PROVIDED that notwithstanding anything herein contained the Lessor's right of re- entry hereunder frr non-rnyr.ent of rtr.t or nnn-perfcr:.:&nce of covenants shall become exercisable immediately upon default being made. THE said Lessor covenants with the said Lessee for quiet enjoyment. IN consideration of the foregoing and of the leasing and letting by the Lessor to the Lessee of the premises hereby demi;ed for the term hereby grnr.te,f (and it is upon that express understanding that thin indenture is entered intn),the i.essee hereby covenants anA AcTees kith the Lessor that natwiih-t:,nding anything in Sa:eticn 30 of Chapter M of the Levi=ed Slatutcs of Ontario 190, or in any other sectirna of the said Act, or in any other Act now in force or which may hereafter he passed, none of the Roods or chattels of the I.e;;Ve on the eaM premi,es at anv time during; the continuance of the said term shall Le t xempt from levy by distress for rent in arrcar by the Lessee a3 pro% ided for by any Act above referred to, and that upon any claim being make for such exemption by the Leslie, or on dl;trc-s Leing made Ly the Lessor, this covenant and agreement mny be pleaded as an estoppel against the lassee in ary action brought to test the right to the levying upon any such goods as are named as exempted in any Act aF,ove referred to, the Lessee waiving, a3 l,e hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such Act but for the above covenant. A it isr het*br agreed -between-the rallies -Trento {hat- shoeM- the -Lr_sre-rema+trtm -T--l3elatir-r cf tEt lstd—p r=ices 2fte: the x!enerr-.i-mricn of -i^e Term tereb -granted- nithaut -(•Inver-2 ecial-ag'erre". it-3':aH tx-a4a-T.-=thII-reritnt-arlr,-at-ar Tertat-of IE---------yertreath- payaLleinsaivnneeenth----------------- -dayef every- rnorth,-and-s,ubj,L-,:t irr ether rv_pecl-t., lht-tends• of -thin ieax -- -Tll E? l.e,sre hereby acicr,ovrkdgrsZhsthrh3sTeceicrd- --- - - kn-s-uf the said premise-,, -;hint- he egree3 to, return -iifRin quRling the -said, premises.- - - - - Schedule "A" attached hereto forms part of this Lease. IT iS agreed between the parties hereto that every covenant, proviso and agreement I.erein contained shall enure to the benel t of and be binding upon the parties hereto, and their heirs, executors, adminiArn tors, suc,a:ssors ar..I assigns, end that all cc,venantt l-.en•in curtained shall Le construed a being jrint and scveril, end that when the context so requires cr permits the singular numl,cr ;hall he read as if tl:e plural Acre expressed. ar.d the masculine Lcndcr Las it tl:e feminine or r,euter, as the case may Le, were expressed. In VL11I11c a Wbcrcot the parties heretu have h.•rPunto :ct their haa.- an(i- Aeals 51611a: . 5cala:f') a1H0 JCIlr;rc*Z1 in the presence of a'j /9 THE t4i-C r:Tl JN GF THE V I.L' 0 OF PORT GL•RU: U f Ron Bradfiel For Bradcranex r sf �prniii.F. "A* i • b To the Lcase dated the IC day of C � ivd7. 17" Lit- t%.t_en Bradcranex (the "Lessors") and "I.cssoes"► The Corporation of the Village of Port Burnell 1. INSURANCE The Lessee shall take out and maintain, with respect to the premises and the Lessees use thereof, insurance policies of all risk, earthquake, flood an9 public liability coverages up to such limits as the Lessor may f-rcm time to time reasonably determine and will provide certified copies of such policies to the Lessor. 2. TNDFMNTFTCATTON BY LF.SSF.E The Lessee shall indemnify and save harmless the Lessor from any and all liabilities, damages, costs, claims, suits or actions growing out of: (a) any breach, violation or non-performance of any covenant, condition or agreement in this lease set forth and contained on the part of the Lessees to he fulfilled, kept, observed and performed, and (b) any damage to property howsoever occasioned by the use and occupation of the Demised Premises anti Complex or of the buildings, structures, improvements, fixtures, equipment, machinery and facilities comprised therein and any injury to any person or persons, including death resulting at any time therefrom, occurring in or about the Demised Premises and Complex or any building, structure, improvement., fixture, equipment, machinery or facility comprised therein, and arising from or occasioned by any cause whatsoever, W 1. P. SC11 r.iule "A" - 1%ige 1. [7 • i..r, in Jr.y such breach, violation or non-performance, damage to property, injury or death occurring during the Term shall survive the termination of this Lease, anything in this Lease to the contrary notwithstanding. If the Lessor shall be made party to any litigation commecned by or against the Lessees, then, unless in such litigation or otherwise it shall be established that the Lessor was solely at fault, the Lessees shall protect,.inderrnify and hold the Lessor harmless and shall pay all costs, expenses, and reasonable legal fees incurred or paid by the Lessor in connection with such litigation. The Lessees shall also pay r -Sr all '6 b 11 expenses and legal fees (cn a solicitor and his client basis) that may be incurred or paid by the Lessor in enforcing the terms, covenants and conditions in this Lease. 3. TERh1TNATTON This Lease may be terminated prior to the expiry of the terms by either party by the giving of Thirty (30) days written notice, effective on the date delivered, at the following addresses: Lessee: Village of Port Burwell, P.O. C;.x 299, Pitt Street 6 Erieus Strect, Pert Birt:�11, Gntarto. NO3 11'0 Lessor: Ron Bradfield (Bradcranex) r Bridge Street Port Burwell, Ont. NO] 1TO 1 BY -Law number 87-17 Being a by-law to authorize the purchase of certain lands. WHEREAS The Corporation of the Village of Port Burwell is authorized by Section 193 Chapter 302 to pass by-laws acquiring land for Municipal purpose. WHEREAS The Corporation is desirous of acquiring land to hold in trust for the Port Burwell Non Profit Housing Corporation to contract a rent geared to income Senior. Citizens Building. THE attached agreements of purchase and sale dated August3,1987 forms part of by-law and is marked appendix "A". THEREFOR the Clerk is authorized to sign documents on behalf of the Corporation in connection with this transaction. THE Treasurer is au�_horized to pay the necessary funds to complete this transaction. THIS by-law comes into effect on date of passing. MOVED BYE__ ONDED BY D A T 81, _� /o That by -lay 7-17 be read a first time. Read a d carried. MOVED BY SECONDED BY , S DAT c d That by-law 87-17 be read a second time. Reig&ng dispensed with. MOVED BY�SECONDED B AT o F i That by-law 87-17 be read a third tlm . Reading dispensed lT with, finally passed and carried. Reeve, r' l erk 1. AGREEMENT OF PURCHASE AND SALE R E B O C Form 3A Iheundersigned .... T.he. Co. po.rat.ion..o.f the..V1.11age..of Port Burwell February 1982 Iherein called "Purchaser-) has mg inspected the real pro rty herehy offers to purchase from .Loreen Nevi_ile..a.nd Ha.rvey..Weville..... (hereincalled-Vendor) .................................. lfxJGM -Not.applicable....................................................................................... Iftl'Q� t'sT21rtT), all and singular the premises on the . E.ast... side of S.hakes.peax..S.tr.eet.. ................... Vi I lage................. of - Po'rt• • Bu-rwe•11......... and known as Municipal No........... I_ot .2.3...... 112 .... haling-fmmagee4-.rear. of..l.o.t..o.f.66..f.eetanddepth of...30..f.e.et...................... all measurements being more or less, (herein called -the real property") at the price of Five Thousand---------------------------------------XXDollars (s5000.00 of lawlul money of Canada. payable cash cheque ti-4 and the purchaser agrees to pay balanceoiii.. as ment and to he credued on ace•,.— of pi h— ,., s , . L,., P . A 1k, n-..-6—... g,.r�... �... ..... r .... f o 110v. To the Vendor upon completion of this transaction subject to the usual adjustments. The Vendor agrees to pay the cost of thier own solicitor. The purchaser agrees at thier own expense to provide a suitable survey. The premises to be sold i is thirty feet off the very Eastern portion of lot 23 plan 12 on the East side of Shakespear Street. The thirty foot protion is to take the full 66 feet width of lot. Lot 23 is further described by 11R2954 part 2, inst. 283135 I. If the principal sum of the first mortgage arranged a, aforesaid exceeds the minimum aho%c specified. then the mortgage given by the Purchaser to the Vendor, if any, shall he rcdu zed by the amount it such excess but all other term, ofthe said mortgage back shall remain the same ?. I nlc,s oihcrwt,c pro,iJed. the real property shall include all appurtenances and fixtures relating to the real property and without limiting the generality of the foregoing ,hall include storm and screen sash and doors, electric light fixtures ................ ..... ....................... N;.A..................................................................................... ................................................................................................................. all such as are presently on the real property and all of w hich the Vendor warrants ownership, free and clear of liens and encumbrances, excepting the following items which are not included in the purchase price ................................................. ................................................................................................................. The follow ing equipment is rented and the Purchaser agrees to assume the rental contract end says harmless the Vendor thereunder. ........................ N.A............... ............ ............ ...... ..... ................... I... ...... ... ................................................................................................................. 4 In the event of this Agreement tieing executed by the Vendor or Purchaser prior to execution by t he other and until executed by the other, this Agreement shall constitute an irrc%ocahle offer to sell by the Vendor or to purchase by the Purchaser as the case may be until 1.1..(.�Q. am p m. on the ..Sey. nth ......................... day of .... A.Ugus.t...................... 198T. alter Nfii�h time. it not eseiuted and delivered M th the oer, such offer shall be null and load .,nd all deposit monies shall be returned without intc'rc,t. i 1 his transaction of purchase and salt is to he completed on or before the ..28....... day of .August......... l9 87 on which date vacant possession of the Real Property t, to be gncn its the Purchaser, unless otherwise prm idcd herein 6 1 he Purchaser is to be allowed .... days from the date of acceptance hereof to examine the title at his own expense If, within that time. any valid abjection io the title u made in w riting to the Vendor, w hich the %rcndor shall he unahlc or unw ilhng to remove_ and which the Purchaser Ail] not wan c. this agreement shall, not w ithstanding am intermediate acisor negotiations in respect of such o.,lect ion. be null and %nid. and the depose shall be returned by the Vendor without interest and he and his %gent shall not be liable for any costs or damages Sasc as to am valid objection sit made within such time. the Purchaser shall be cunclusis cly deemed to hale accepted the title of the %cndor to the real property 7. The Vendor shall pro%idc. at his expense, a description of the real property in a form acceptable to the Land Registrar for registration. 8. Provided the title is good and free from all encumbrances, except as aforesaid, and except as to any registered right of way or other registered casements. registered restrictions or cosenants that run w ith the land, pros ided such arc complied with. t he Purchaser is not to call for production of any title deed. abstract or other evidence of title except such as arc in possession of the Vendor 9. The Vendor warrants that he has not. as at the date and time oft he acceptance oft he within offer received any written orders or written requests from an% municipal or other governmental authority pursuant to which any work. repair, or replacements are required to be performed in respect of or installed in the real property and pursuant to such warrant% the Purchaser shall he reliesed and exonerated from any obligation to makeany imcstibatton in re,pc:t thereto. It the Vendor has received. at or prior to the aforementioned date and time any such written orders or requests which have not then been complied w ith the Vendor shall produce the same to the Purchaser for inspection and in the event that any such orders or requests have been received by the Vendor regardless of their non -production tot h Purchaser, the Purchaser may. at his option declare the within agreement to be null and void and all deposit and other monies hereunder by the Purchaser shall be returned to the Purchaser but without interest. 10. Provided that this Agreement shall be effective to create an interest only if the subdivision control provisions of the Planning Acr complied with by the Vendor on or before completion and Vendor hereby convenants to proceed diligently at his expense to obtain'a; necessary consent on or before completion. 11. The Vendorwarranis that theVcndor and all Grantors who will make convc%anct herein are and will he on the day of closing residents of Canada and the Vendot shall supply adequate ev idencc thereof at or before closing or. in the alternative, evidence that the prop isions of the Canadian Income Tax Act regarding pay menttonon-residents shall be complied Aithatorbeforeclosingand the Purchaseragrees that if he is a non-resident of Canada at the time of the completion oft hew ithin Agreement of Purchase and Sale that hew ill pay such tax as may be levied and imposed from time to tim under 1 he I and 1 ranstcr Ids Art (Omariaf applicahie to non-resident purchasers. 12. The Vendor warrants that the usetowhichthe p�operty it. presently bcingput isinconformifywiihtheprovisionsofallexutingtoning by-laws, and if such use is not in conformity therewith. unless such use is a lcgall% non -conforming use. the Purchaser at his option shall be entitled to cancel the agreement and that there be refunded to him all monies ,paid under the agreement but without interest. 17. Fuel. Flectricity. Rentals. Mortgage Interest. Taxes. I ocal Improvement and N atcr Rates. to he apportioned and allowed to date above fixed for completion of the sale. 14 This offer. vt hen accepted. shall constiwte a binding contract of purchase and sale and time shall in all respects be of the essence hereof IS. It isagreed that there i, no representation. warranty, collateral agreement orcondition allccting this Agreement or the real prriperty or supported hereby other than as expressed fkrein tit writing. 16. All building% and equipment upon the real property shall beand remainat the risk ofthe % endor until closing. Pending completion ofthe sale. the Vendor will hold all insurance policies and the proceeds thereof in trust for the parries as their interests may appear and in the event of damage to the said premises the Purchaser may either have the proceeds of the insurance and complete the purchase. or may cancel the Agreement and have all monies theretofore paid returned without interest. 17. Deed or transfer to be prepared by the Purchaser's solicitor and the registration therilot shall be at the cost of the Purchaser and any mortgage to he given bark by the Purchaser to the Vendor shall be prepared at the cost of the Purchaser by the Vendor's solicitor and tfic Purchaser shall pay for the registration thereof and for any Sheriffs certificate. If Vendor u a trustee. deed or transfer is to contain trustee cosenants only and mortgage is to he on the usual long form. 18. This offer and its acceptance is to be read with all changes of gender or number required by the context. 19. Am tender of documents or money hereunder ma% be made upon the solicitor acting for the part% on Ahom'tcnder is required and it shall he sufficient that a negotiable. certified cheque may he tendered in lieu of cash or currency. 20. The heirs. executors. administrators. successors and assigns of the undersigned are bound by the terms hereof. DATED at Port. Burwel.l.................. this ....3..... day of ...August ........................ A.D. 19 87. SIGNED. SFAI ED AND DEI IVERED IN M IT MESS w have hereunto set my hand and snl— in the presence of: lZ ............ . ! .... ...... E1 od V orporation of the Village of Por'�r,'Brtrwell-Sob,ject to THE UNDER' G\ED HF-R.E•B•YeACCF.PTS TH ARM 1: Of I-ERr p ...lD.��... day of ...... A.D. 19 O. SIGNED. SEALED AND DELIVERED IN WITNFSS whereof have hereunto set my hLndscalin the presence of. ....:. I\cnJ.,rl �` lR �tH" The Undersigned Spouse of the Vendor heW%nsents to the disposition ev idenccd herein pursuant to the provisions of The Family Law Reform Act. S.O. 1978. C.2. as the same may be amended from time to time. In consideration of the sum of One Dollar (SI.00) the receipt of w hich from the Purchaser is herehy acknow ledged. the Undersigned Spouse of the Vendor hereby agrees with the Purchaser that he she w ill execute all necrs,ars or incidental documents ro Ili%c full force and effect to the sale evidenced herein. ........................................................ 46 WITNESS SP01sF 1 have read and clearly understand this Agreement of 1'urcha,c and Sale and I a:l.nowlcdgc ha\ing recci\ed a true copy of it on the ........... des).it .................... 19 .............. hereby authority ................................ Agent to forward a copy to my solicitor. %'endor's Solicitor ....................................... Address: ............................................... Telephone `o. ........................ Vendor's Signature(,) ................................... Ihercb\ authoriic................................. Agent to lorward a copy to my solicitor. Purcha,er', Solicitor .................................... Addre,s Iclephunc No ........................ Purchaser', Signaturclsl.................................. ........................................................ Vendor's Address ....................................... Telephone No . ........................ ........................................................ Purchascr's Address ..................................... fctcphonc %... ................... By -Law Number 87-18 ft Being a by-law to settle the dispute with Mr. VanMilligen and Mr. Roberts over the Old Baptist Church. WHEREAS The Corporation is desirous of no further court action. BE it resolved that the attached agreement titled "Release" be signed by the Reeve and Clerk and is binding on the Corporation. F. J MOVED BY SECONDED BY ik, DATE�t. That by-law number 87=18 be read a first time. Read nd car ie . MOVED BY CONDED BY DAT�_ ..J6 7 That by-law number 8 -18 be read a second time. Reading dispensed. MOVED BY 11 l SECONDED BY / C That by-law nu er 87-18 be read a thi d ti eading dispe ed with, finally passed and carr / Reeve, Clerk 1. n R E L E A S E ItKNOW ALL MEN BY THESE PRESENTS that the undersigned in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration (the receipt whereof is hereby acknowledged), doth hereby remise, release and forever discharge MICHAEL ROBERTS and TONI VANMILLIGEN, their respective heirs, executors, administrators, successors and assigns, of and • from all manner of action, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, claims and demands whatsoever which against MICHAEL ROBERTS and TONI VANMILLIGEN, the undersigned ever had, now has or which their heirs, executors, administrators, successors and assigns, or any of them hereafter can, shall or may have for or by reason of any cause, matter, or thing whatsoever existing up to the date hereof. And without restricting the generality of the foregoing, the undersigned releases all and any claims they may have against MICHAEL ROBERTS and TONI VANMILLIGEN as asserted in Supreme Court of Ontario Action No.: 1968/87. IN WITNESS WHEREOF we have hereunto set our hands and seals as of the IC- day of - ,, �, 1987. SIGNED, SEALED AND DELIVERED ) In the presence of j No ar er f) wo ar U i IL_ 1 _2_ WITNESS the Corporate Seal of the Village of Port Burwell, by its officers, duly authorized•in that behalf 'this ":—,day of�i��;�� , 1987. THE VILLA4 OF PORT BURWELL Per: Per: 1 - - 11 VA E1 THE CORPORATION OF THE VILLAGE OF -PORT BURWELL BY-LAW NUMBER 87-19 Being a by-law to prohibit • or regulate the keeping of animals within the limits of the Village of Port Burwell. WHEREAS it is deemed expedient and necessary to prohibit or regulate the keeping of animals within the municipality of the Corporation of the Village of Port Burwell or defined areas therein, as well as to regulate the location, erection, and use of stables, barns and manure pits within the municipality of the Corporation of the Village of Port Burwell. NOW THEREFORE, be it enacted by the Municipal Council of the Corporation of the Village of Port Burwell as follows: 1. No person shall keep any animal within the municipality of the Village of Port Burwell, provided however, that this section shall not apply to lands assessed and used as farm lands, but said lands shall not be used for the purpose of carrying on a commercial piggery business, and provided however, that this section also shall not apply to pets. 2. For the purpose of this by-law and the above section: (a) "Animal" shall include reptiles: (b) "Pets" shall mean dogs, cats and other small animals when kept solely for the pleasure of their owner on the premises occupied as a residence by their owner, but shall be ieemed not to include any horse, colt, cattle, mule, donkey, sheep or swine, and for greater certainty shall be deemed not to include the keeping of animals for commerce or trade: (c) "Commerce or trade" shall include the purchase, sale, supply, exchange, trading or dealing of animals. 3. No person shall keep any horse or mule or donkey within the municipality of the Corporation of the Village of Port Burwell, unless it is properly housed in suitable stables as hereinafter provided. 4. No person shall keep any horse or mule or donkey within the municipality of the Corporation of the Village of Port Burwell, in or upon any lands or premises which are located within an area restricted to residential uses under provisions of any by-law now or hereinafter in force. • 5. No building or part of a building used or intended to be used as a stable or barn shall be deemed to be suitable unless: (a) the same is distant at least three hundred feet, (3009 from any school, church, dwelling or other premises used for human habitation or occupancy, other than premises occupied exclusively by the keeper of such stable or barn or members of his immediate family. (b) the floors are of suitable and durable material impervious to water, so laid and provided with gutters as to drain readily the water or urine not to be allowed to lie stagnant or drain into the ground. This subsection shall not prevent the use of a wooden platform or raised flooring if an air space of at least two inches if provided above the floor. (C) There is provided for the keeping of manure a receptacle of adequate size, of an impervious material provided with an opening filled with a self -closing fly -proof door, and the whole to be constructed so as to prevent the escape of objectionable odours and the breeding of flies. (d) All doors, windows and openings shall at all times between the First day of April and the Thirtieth day of November following in each year, be kept protected by suitable screens. (e) Such stable, together with the yard, shall be kept free of refuse and shall be properly cleaned as often, as in the opinion of the Medical Officer of Health or his representative, be necessary or advisable and deodorized by means of lime or other suitable deodorant. (f) All manure shall be kept in the required receptacle which shall be emptied and cleansed and the contents disposed of in a manner satisfactory to the Medical Officer of Health at least once a week. (g) Manure boxes shall be constructed, erected or located within the Village of Port Burwell only after a permit has been received from the Building Inspector, which is to be issued only after the approval of the Medical Officer of Health has been obtained. 6. Any person convicted of a breach of any of the provisions of this by-law shall be liable upon conviction thereof to a fine(not exceeding)�exclusive of costs) the sum of ONE THOUSAND ($1,000.00) DOLLARS or each offence, and every such penalty shall be recoverable under the Summary Convictions Act, all of the provisions of which shall apply, except that the imprisonment may be for any term not exceeding SIX (6) months. ip 7. All previous by-laws on the keeping of animals are hereby rescinded. This by-law m a i effect on date of pa sing. AlLflA •MOVED BY SECONDED That by-law 87-19 be'read a first MOVED BY ECONDED That by-law 87-19 b read a second U 0 BY 4�DATE time. Read and carried. BY N ti MOVED BY _ ECONDED BY�� That by-law 8OF 9be read a third time. Fina p ed and carried. gJ Reeve, lb DATE 3I _ Fe dispen d ith. DATE4��/3d,-7� eadi g dispen d with, A To Council: 1.. February 12, 1990 Re: Animal Control By-law Since Council has not engaged a By-law Enforcement Officer for 1990 and there is an issue concerning the Animal Control By-law, I wish to offer the following comments: First, I would like to state that I am experienced, in interpreting by-laws. As the Issuing Supervisor for two years, I was required to interpret by-laws for the Metro Licensing Commission. In addition I contacted a colleague who is extremely knowledgeable in the field of by-laws to confirm my interpretation. (1) Section 210, paragraph (1) of the Municipal Act gives the municipality the authority to control animals. (2) There is no provision of non -conforming use under the Municipal Act for Animal Control. Non -conforming use applies to such things as zoning. (3) If Council wished to allow the individual in question to continue to have his animals, the by-law would have to be amended to include a grandfather clause to allow him to have his animals without. Without this clause the goats are illegal and must be removed. (4) I would like to mention that the above is based on the Municipal Act and Village by- laws. It is not intended to create friction between myself and Council but is an Interpretation of the by-laws a's they apply to the residents of the Village. The individual can and was elected to Council because the residents believed that he would help the Village. It is unfortunate that when individuals are elected to public office everything they own, do o_r say comes under public iscrutiny but that's the life of a politician. • • 1. TO: JAMES s FROM: ALLAN SPICER MARCH 1. ' 90 PLEASE FAX THE FOLLOWING (AJESTIONS TO BARRY CARD FOR A LEGAL OPINION 1 BY-LAW 87-19 WAS PASSED IN 1987 WHEN GOATS WERE PRESENT ON MY PROPERTY. NO ACTION WAS TAKEN. I RECEIVED NO COMMUNICATION CONCERNING THE BY-LAW FROM COUNCIL NOR THE BY-LAW ENFORCEMENT OFFICER. IT SEEMS STRANGE TO ME THAT IF THE INTENT OF THE BY- LAW WAS TO EXCLUDE GOATS, EVEM THE SELLING OF THEM WHY WAS I NEVER CONTACTED. I WAS CLEARLY EXISTING AT THE TIME OF THE PASSING OF THE BY-LAW. IT IS MY FEELING THAT THE EXCLUSION OF GOATS IN THE ANIMALS NAMED WAS INTENTIONAL SINCE NO ACTION WAS TAKEN ON MY ANIMALS. I HAD A SIGN ADVETISING GOATS FOR SALE AT THE TIME OF THE BY-LAW ESTABLISHMENT. I FEEL COUNCIL IS WRONG TO INTERPRET THE BY-LAW NOW AS Nor EXCLUDING SMALL ANIMA- LS SUCH AS GOATS WHEN NO ACTION WAS TAKEN AGAINST ME WHEN A NEW BY-LAW WAS PASSED IN ly$7. L THE FACT THAT I AM A COUNCILLOR IS ACTUALLY A GREAT HANDICAP IN DETERMNING THE LEGAL/POLITTCAL DECISION. i THE ISSUE ONLY AROSE BECAUSE I AM A COUNCILLOR 2 IF I WAS A PRIVATE CITIZEN IT WOULD BE MUCH EASIER FOR COUNCIL TO AMEND THE BY-LAW TO RECOGNIZE A 15 YEAR LANDMARK ACCEPTED BY THE COMMUNITY 3 RATHER THAN BEING GIVEN SPECIAL AND PRIVELEDGED TREATMENT BY COUNCIL I AM BEING DESCRIMINATED AGAINST BECAUSE I AM ON COUNCIL. SINCERELY ALLAN SPICER PS IF IT IS PERMITTED I WOULD DEFINITELY WISH COUNCIL TO SEE THIS . s WE THE. VNDERSIGNI:D ,PETITION THE VILLAGE OF PORT BURWELL COUNCIL,TO AMEND BY-LAW 87-19 , TO ALLOW THE ►-17PIN"i OF GOATS (small animals) 'WITH THE OCCASIONAL SALY,AS A HOHPY FARM ON THE PROPERTY OF ALLEN SPICER. JA -Trfy\ a � ' d VIA 41 p, Wi nonrr w,ison� 9J t'I' —tr �� � rti1M�-'�IwM�Y.'Y..1\1{`M•.v'..wa1VrM �'aiv-.YMIOIMrMi._:� ..-r ... f WE THE. UNDERSIGNED ,PETITION THE. VILLAGE OF PORT ,.BURWELL COUNCIL,TO AMEND AY —LAW 87-19 , TO ALLOW THE fU-EPI\`C � OF COATS (smAll AnimAls) 'WITH THE OCCASIONAL SALF,AS A HOMPY FARM ON f}: PRnPERTY OF ALLEN SPICER. D t;w 0 WE THE ITNDFRSIGNED ,PETITION THE VILLAGE OF PORT BURWELL COUNCIL,TO AMEND BY-LAW 87-19 , TO ALLOW THE KEEPING OF GOATS (small animals) WITH THE OCCASIONAL SALR,AS A HOBPY FARM ON THE PROPERTY OF ALLEN SPICER. ea-ZA49 Wt THI: 11N11WtSIGNED ,PETITIf)N THE VILLAGE OF PORT L'URWELL COUNCILJO VlEfdU 11Y-LA4: E7-19 , TO ALLOW THE F'.F.EPING OF GOATS (small animals) WITH THE OCCASIOtIAL SALF,AS A HOKPY FAVA, n,j Tmi PROprp'fY OF ALLFN SPICER. J s WE THE UNDERSIGNED ,PETITION THE. VILLAGE OF POKT _ BURWELL COUNC,IL,TO MEND BY-LA6! 87-19 , TO ALLOW THF%KEEPLYC OF COATS (small animals) WITH TM7-AcCASIONAL SALR,AS A 1409PY FARM Ott 'rill: PROPERTY OF ALLFN SPICER. r C� 4..410 o4N - I,ir /) �l- A i-,14 S A S1DL-" 40 C-1 Cl'-Vv,6-JLVO Pam- � �,,,.�p. THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 87-20 Being a by-law for numbering the buildings and lots along any high- way, beach, park, reserve, or any other property in the Municipality. WHEREAS Chapter 302, Section 210, Paragraph 106 and 107 R.S.O. 1980 authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to all properties and for charging the owner or occupant with the expense incident to the numbering of his lot or property. THEREFORE Council of the Corporation of the Village of Port Burwell enacts as follow: 1. The north side of each street shall be odd numbered and the south side shall be even. 2. The west side of each street shall be odd numbered and the east side shall be even numbered. 3. The Clerk shall keep a record of the numbers of the building lots and buildings and other properties. 4. The north south streets shall commence with zero at the lake. The east west streets shall start at zero at Addison street. 5. Each building or house where appropriate shall have a number assigned to the front door, and shall be numbered on the street on to which the front door opens. 6. The house numbers shall be affixed at least 1.5 meters up from ground level and be visable. 7. The numbers shall each be at least. 10 centimeters (4 inches) measuring from the top to bottom. 8. The owner of a dwelling containing more than one residence ■ay add to the designated number a part digit or letter to identify each separate residence. f 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1, 1987 any building without the designated number affixed shall have the number offered at the direction of Council, and the cost shall be collected in the same manner as taxes, or in the case of an occupant the cost may be deducted from rent payable to the owner. This by-law to come into effect upon date of passing and all by- laws inconsistent are hereby rescinded. MOVED BY ONDED BY — DATEO,3/ f� That by-1 m -20 be read a first ti Read and c r ed. 7" MOVED BY SECONDED B ATE 31 /il That by-law nu er 87-20 be rea ,a s� on�i�� time. R a ng dispensed. MOVED BY " SECONDED BYiI The by-law be read a third time. finally passed and carried. W7--:uJ4 DAT W k7 ceding dispensedlt1h, 16 li PORT BURWELL HOUSE NUMBERS During September or October 1987 the Port Burwell Voluntary Fire Department will be going to all dwellings in Port Burwell to help you number your house. They will be equipped with 4 inch black vinyl letters and they will offer to attach these to some wooden part of your house. You may: (1) let them put up your number with the black vinyl or (2) put up the black vinyl numbers yourself or (3) you may put up your own numbers that you have purchased yourself The Firemen will not affix numbers to metal or vinyl siding. /V^c 7'S W. 3I S , • Q41!r) Ak. ::. ry�\ P +�� . 1, 0 F,) ✓ TArim E`S R05 `S' 2 2 Lj : L rn al-• r2 ¢ p • 5*Ev4WS0.J ��d �r►AQ T .,/ CAR WAS ff 24 �N:��+�E s7ot� • • vd �'� • l3 � O CRAN a ar S f/olt� iq Afttg /5 �cMACT" ✓e/ LidRr S Me/d s"JIitt�K__ THE VILLAGE: OF PORT BURWE'LL BY-LAW N11M ER 87-20 Being it by-law f or numbering the buildings and lots along any high- wny, beach, park, reserve, or any other property in the Municipality. WHEREAS Chapter 302, Section 210, Paracraph 106) and 107 R.S.O. 1980 authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to rill properties and for charging the owner or occupant with the expense incident to the numbering of his lot, or Property. I'll PFZEE'OI?E Cotin ciI of the Corporation of the Village of Fort Burwell enacts as follow: 1. The north side of each street shall be odd numbered and the south side shall be even. 2. The west side of each street shall be odd numbered and the east. Ride shall be even numbered. 3. The Clerk shell ko-ep a record of the numbers of the building lots and buildings and other properties. 4. The north south streets shall commence with zero at the Jake. The east west. streets shall start, fit zero at Addison street. 5. Each building or house where appropriate shall have a number assigned to the front door, and shall be numbered on the street on to which the front door opens. 6. The house numbers shall be affixed at least 1.5 meters up from around level and be visable. 7. The numbers shall each be at least 10 centimeters (4 inches) measuring from the top to bottom. 8. The owner of a dwelling containing more than one residence may add to the designated number a part digit or letter to identify eflch separate residence. 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1, 1987 any building without the designated number affixed shall have the number offered at the direction of Council, and the cost shall be collected in the same manner as taxes, or in the cage of an occupant the cost may be deducted from rent payable to the owner. House No. 02 04 0 , 10 to 14 Ni t�*►, r 16 18 6 28 30-' W 3 6 38 4 0-1 4 4 p/6�1rK��lc 46 48 3 ✓1� .. PLEASE NOTIFY THE CLERK AT' THE MUNICIPAL OFFICE -;IF YOU SPOT ANY ERRORS OR OMMISIONS. NUMBERING VILLAG1: HOUSES Roll number Name U Description S_ 001 472-00 Chamberlain Brian Gordon O Addison E/S 001 473-00 Walton avi Jo n O Addison E/S 001 474-00 Brown Nora._4my O Addison E/S 001 475-00 Lillee Denis Eugene O Addison E/S 001 476-00 GilliE Marttarget Shelley O Addison E/S 001 477-00 A■ hank 1 x lre t,p1ar_iL-- O Addison E/S 001 478-00 Rglnson ra� E ward O Addison E/S 001 479-00 Br_;wn�rtr==ao 5u�saQnah O Addison E/S 001 480-00 CLa4ir,el aura O Addison E/S 001 482-00 H,n,_L 'ti I) rim Mabel 0 Addison F./S 001 483-00 Ro O Addison E/S 001 484-00 SnsFe3 Addison F./S 001 484-00 S (i Addison E/S 001 489-00 Guest krxB�nn--_Ceorge O Addison F/S 001 490-00 ou (1 Addison E/S 001 •191-00 y.r. `nLF;hi �rfl., O Addison E/S 001 4 9 2 - 0 0 ten O Addison E/S 001 493-00 J O Addison E/S 001 494-00 T a y U Addison E/S 001 495:-00 W _ O Addison E/S 001 496-00 Murr ., O Addison E/S 001 497-00 Sha O Addison E/S LVI LAW 70 AJ 'TOeSe H SeAckl 5T poi 262 p L-i j de 2 lgrh Type RU RDU . A%W VI. ltl: RU RU RU RIB RU RDIJ RU RU r RDU RDU RU RU RU 21 001 259-00 Lawton Joesph O Beach N/S VL 001 264-0 O Beach N/S RDU 001 263-0) O Beach N/S X'L 16 001 262-00 Wi der James G( O Beach N/S RDU 18 001 261-00 Manion Donald Patrick O Beach N/S RU O Beach S/S V11 001 �255�-O O Beach S/S VL 01 001 421-00 Bradfield Ronald O Bridge RU 0 001 400-00 Stephenson Frank Laurence O Bridge N/S RI 001 399-00 552855 Ontario Ltd. T Bridge N/S COM 001 399-00 552855 Ontario Ltd. T Bridge N/S VL 001 399-00 Conservation Authority O Bridge N/S 002 399-00 345990 Ontario Ltd. 0 Bridge N/S VL 0ig01 399-00 002 011-00 002 011-00 4 001 396-00 06 002 011-00 08 002 011-00 08 022 011-00 001 394-00 Elliot Jack 345990 Ontario ltd. 345990 Ontario Ltd.' brown Ralph Walter Bradcranex Inc. Martin Larry Douglas Martin Larry Douglas Kenneth Reid T Bridge N/5 O Bridge S/S 0 bridge S/S () bridge W/S T Bridge S/S T Bridge S/S T Bridge S/S Chatham at Bridge RU VC] R1' OT nT CIOM RU 001 276-00 Smith Robert Bruce O Brock RDU S 1 001 280-00 Cooper Ernest Arthur 0 Brock N/S RU (�' 001 275-00 Cookson Margaret Ann 0 Brock S/S VL L/L't 001 279-00 Moyes John William 0 Brock N/S RDU °- 001 278-00 Morley Wilfred 0 Brock N/S RDU 7 27 001 277-00 Landry Florent. Joesph 0 Brock N/S RU VVL 4 6 08 G1 � 2 (� 14 6 LIn 7_ l� �I �1 �3 9 11 ✓1 7 19 k Tow&%62 3 001 407-00 001 408-00 001 409-00 001 410-00 001 411-01 001 412-00 001 413-00 001 414-00 001 415-00 001 416-00 001 417-00 001 418-00 001 421-00 001 419-00 001-426-00 001 428-00 001 y31-00 001-432-00 001 433-00 001 434-00 001 435-00 001 436-00 001 437-00 Pulham Ronald S Chatham F/S Foster John Allan 0 Chatham E/S McConkey Francis Wilfred O Chatham E/S Unrau Franz O Chatham E/S Capitano Bernard T Chatham E/S Dubuque Helen(resthhouse) Axford Daniel B O Chatham E/S Remgin Development Ltd. Tait James Edward 0 Chatham E/S Calvert Robert W 0 Chatham E/S Bradt Edward Isaac O Chatham E/S Spaltenburger Joesph JK O Chatham E/S Spaltenburger J. Jedriak Edward O Chatham E/S Wilson Marion Gertrude 0 Chatham E/S Reid Ken Chatham at Bridge c) Chatham W/S Travis Erma Evelyn O Chatham W/S Smyth Marvin Charles 0 Chatham W/S D,annibale Waterloo at Chatham Robinson Alice O Chatham W/S Krygsman Pauline 0 Chatham W/S Blanchet Pierre Michael 0 Chatham W/S Neil Cyril 0 Chatham W/S Robertson Dorothea M 0 Chatham E/S RDU RU RU RU HU FRU RU (3 yZAtAR) C rA"4.F_ I A/fIlt.me 25 001 438-00 C>H>M>C. (Lemayl 0 Chatham W/S 'MTN,"f- 27 001 439=00 Hans Randell O Chatham W/S ^rd T 001 440-00 Verton John 0 Chatham W/S 001 445-00 Fisher Betty O Chatham W/S 3 001 447-00 Young Amy Melissa 0 Chatham W/S 3 001 448-00 Mitchell Gordon W 0 Chatham W/S 001 449-00 Kaufmann Geraldine 0 Chatham W/S 001 451-00 Wolf' Heimrich Georzen 0 Chatham W/S 001 452-00 Diedisch Theo 0 Chatham W/S !� 001 453-00 Mole Donald William O Chatham W/S 001 454-00 Weeks Kenneth A 0 Chatham W/S 001 455-00 Rep Helene Majewski Dec O Chatham W/S 1 001 466-00 Allin Terry Wayne O W/S V-S3 001 467-00 Mole Donald ,Jess O _Chatham Chatham W/S ,�8 001 468-00 Nickerson Betty Jean 0 Chatham W/S Vim' 001 469-00 Liberty Nancy Mary 0 Chatham W/S ./61 001 471-00 Spicer Allan Mervin 0 Chatham W/S rAR;Al 021'%oAr 001 001-00 Jacobs Louis 0 Elizabeth E/S 001 002-00 Watson Hugh 0 Elizabeth E/S 9 �0'6 001 003-00 Carnegie Robert Eugene O Elizabeth E/S iClhII( 001 004-00 Mason David Charles 0 Elizabeth F/S 001 005-01 Whitney Ernest 0 Elizabeth E/S 001 005-02 Lama Anthony 0 Elizabeth 001 005-07 Gee Marlin 0 Elizabeth E/S �9A► Elizabeth at. Wellington 001 006-01 Loucks Gordon I,ee 0 Elizabeth E/S /j VI/95 001 302-00 Southhall 0 Elizabeth V107, 001 007-00 Carlisle Barbara 0 Elizabeth W/S 001 008�-00 Sr;SSEAu 8,E6rVARO C.4AQ6nk-� O Elizabeth W/S li 001 009-00 NEx'rnvI ao�i;'S- F? C+SE 0 Elizabeth W/S /-7✓13 001 010-00 Foote Sandra Joan 0 Elizabeth W/S if V. 001 011-00 Sutherland Beverley Joan 0 Elizabeth W/S it.1/�7 001 012-00 Wistow Chester A 0 Elizabeth W/S r;o7, 001 013-00 Lauterbach Erich Alfons O Elizabeth W/S 001 016-00 Caers George John O Elizabeth W/S 20 001 016-01 Port. Burwell Public 0 Elizabeth W/S r! 7 001 017-00 Binzig Kaethe A W 0 Elizabeth W/S Z-L- 9 001 018-00 Tribe Victoria 0 Elizabeth W/S 23� 001 019-00 Genetello Ronald Emiel 0 Elizabeth W/S sv 001 020-00 Couture Stephen Joesph 0 Elizabeth .2V 001 022-00 Durling Clarence 0 Elizabeth W/S 001 023-00 Harrell Thomas Francis 0 Elizabeth W/S a44 001 024-00 Martin May 0 Elizabeth W/S a7v57 001 028-00 Smyth Norman Jack 0 Elizabeth W/S RDU RDU RDU RU RU R tJ RDU RDU RU RU RU RDU VL RU RU RU RU VL RU "02 '?g 001 243-00 Hamilton Brian T Erieus W/S .lq 001 161-00 Vyse Jean O Erieus F/S 30 / 001 1F2-00 Chenz Hong Bo O hrieus E/S 37 001 164-00 _ Macey Bob O Erieus F/S 32-✓16 001 165-00 Hughes Douglas Elmer O hrieus E/S 33✓ 18 001 166-00 Jenkins Blanche 0 Lrieus E/S 3c4,0 001 167-00 Ingolfsurd Elizabeth L 0 Erieus E/S j�.... 001 )6R-00 Loucks Norman Bruce O Erieus E/S 34,/'24 001 164-00 Brooks Douglas Hugh O Erieus E/S ..T,/26 001 170-00 Black Lawrence Arthur 0 Erieus F/S 3j ✓Z8 001 171-00 Vanness Eileen Hazel 0 Erieus E/S 3q 001 172-00 Scott Lottie Ellen O Erieus E/S ve l 001 173-00 Warren John Douglas 0 Erieus E/S Yr,./34 001 174-00 Bartolacci Att.ilio O Erieus E/S y&,/ 001 175-00 Vaughan Phillip R JR O Erieus F/S Y3 38 001 176-00 Foote Bonnie Gretchen 0 Erieus E/S �rX— 001 177-00 'Thompson Velma Eleanor 0 Erieus F./S -s 001 001 370-00 369-00 Roesch Kenneth .Andrew O Erieus 5/S v� Foster William Arnold O Erieus S/S 4 16 001 368-00 McKibbon Stuart Marshall O Erieus S/S 47A8 001 367-00 Williams; James I-rancis U Erieus S/S ' 001 365-00 Elliott hrnes, Jack 0 Erieus S/S "ffl 4 001 363-00 Collins Wanita Rose O Erieus S/S 5458 001 362-00 Barber Katura I Erieus S/S 51 &P 001 178-00 Cookson Harry R 0 Erieus W/S St 7 001 178-00 Perry Glen George T Erieus W/S 5'31.Fik�}�} 001 183-00 Lemay Marion Gail n Erieus W/S sq� 001 185-00 Port Burwell Village 0 Erieus W/S t5'1 001 187-00 Underhill Max 0 Erieus W/S 001 1R8-00 Aylmer and Malahide 0 Erieus W/S S« 1 001 189-00 Vincent Helen O Erieus W/S S7 001 190-00 Matthews Lee Burton O Erieus W/S 001 191-00 Shelly Frederick Thomas 0 Erieus W/S S9 001 192-00 Manion Anne Shirley O Erieus W/S s1 001 193-00 Manion Donald Patrick 0 Erieus W/S �.3 001 194-00 Millard Richard Thomas O Erieus V�/S 4(!,"'35 001 196-00 Spaltenburger Joesph Jr O Erieus W/S & j.j,fi7 001 197-00 Rep Alta McKi bbon Dec 0 Erieus W/S i,3�19 001 198-00 Hurley Ralph Leroy 0 Erieus W/S 6y%,41 001 199-00 United Church of Canada 0 Erieus W/S 6fc-*1 001 387-00 Kinsey Orland Ross 0 Erieus N/S �5 001 386-00 Brown Myrtle Natalie 0 Erieus N/S 001 385-00 Barrick Noble Clarence O Erieus N/S 4 001 391-00 Driver Gerald H7 0 Erieus N/S 001 384-00 Barrick Noble ) 0 Erieus N/S 001 383-00, Barrick Noble 0 Erieus N/S 61+ 001 382-00 Warr Kenneth Gordon 0 Erieus N/S i.t-45 001 381-00 Tremblay John 0 Erieus N/S 74/'S7 001 380-00 Manion Donald Patrick O Erieus N/S 1 59 001 379-00 Atkins Lena Erma 0 Erieus N/S 1 001 378-00 Culver Gail Janet O Erieus N/S 73 3 001 377-00 Bradfield Edna Mabel 0 Erieus N/S 7Y,/65 001 376-00 Bradfield Ralph Norman 0 Erieus N/S COM RU RU RIB IiDU Rli RU COM RL RIB RU RU Rill RDU RU Ru RU RU RU RU RU RU VL Oj.-_ 001 375-00 Bradfield Edward O Erieus NIS 9) 001 374-00 Brisseau Bernard Clarence O Erieus N/S 7fV13 001 372-00 Granger Robert Loyall O Erieus N/S 128 001 500-00---WPi- -Mari rr--J- O Faye S/S 001 5 0 2 - 0 0 In Faye S/S RDU 27 001 494-00 Smith ` elwi f;".,ton O Faye S/S RDU 129 001 501-00 1:roQ 1enn 0 Faye S/S RDU " 50 001 287-00 Lawton Joesph O ,George W/S RU 53 001 021-00 Herzig Linda June O George N/S RDU of < n r ; ��/ . tb NNlA y 02 001 504-00 4 ales H E127 1 47 O Libbye S/S RDU 04 001 506-00 mes n O Libbye S/S RDU 06 001 508-00 eth 0 Libbye S/S RDU 08 001 510-00 ;Ar O Libbye S/S RDU 10 001 512-00 N*&Jiam Thnmuc w; �_� _ 0 Libbye S/S RDI. 12 001 514-00 Swal-L F O Libbye S/S RDU 01 001 503-00 r O Libbye S/S RDU 03 001 505-00 d O Libbye S/S RDU 05 001 507-00 Eld - v d O Libbye S/S RDU 07 001 509-00 G Gordorl� O Libbye S/S RDU 09 001 511-00 \ 0 Libbye S/S RDU 11 001 513-00' ob O Libbye S/S RDU 74 001 094-00 Croxford Edward George O Milton W/ 77 001 081_00 Neville Harvey O Milton W/S VL 001 085 00 Wysevelde Lidia Gregory Milton W/S RU tp •1 01 086-00 Theoret Robert Joesph O Milton W/S RU ,. .A001 087-00 Toth Dorothy Mary O Milton W/S VL 001 360-00 Mathews Edgar Floyd O IV C- -roiJ 5 T yo 001 088-00 Jackson Earl Henry O Milton W/S RU 001 090-00 Smyth Wanita Eileen O Milton W/S VL 001 091-00 Syubbs John O Milton W/S VL 9�✓?,l 001 300-00 Manion Donald Patrick 0 Pitt S/S 71-001 299-00 Port Burwell Village 0 Pitt S/S V 3 001 297-00 Shelly Frederick Thomas O Pitt S/S RU �Y 8 001 296-00 Lenz Robert O Pitt S/S RU its 001 295-00 Kirkpatrick Kenneth ThomasO Pitt S/S RU 001 294-00 Scanlan Bruce Edwin O Pitt S/S RU 001 309-00 Vacant V Pitt N/S 001 293-00 Braun Johan Martens O Pitt S/S ggl 6 001 292-00 Bock Klaus Dieter O Pitt S/S RU /I 0140 Ao 001 291-00 Dyck Harold 0 Pitt. S/S RU 9� 0 P,itt S/S RDU 40 001 290-00 ,.lames Lorraine Marie O Pitt S/S q2L 1, . 001 290-00 ' O[AS E 14AROLO 0 Pitt S/S RD[; f 3 tfit 001 290-00 <.! Y[LTj/p�r�gs. Ar O Pitt S/S QY 001 289-00 Countryman J0 A O Pitt S/S RU tf ✓ 001 288-00 Stephenson John Franklin 0 Pitt S/S VL 96, 001 001 2 93 06 297-00 ©o.oS woR tN �,Q�0 F {rtRq`� Pitt S/S 4 ii reeD 0 Pitt S/S RDU q f 001 315-00 Monaco Mario 0 Pitt NIS F?1iU 4q ?3. 001 314-00 Wolf Gerhard Gerzen 0 Pitt N/S h�L; /oo 001 312-00 Port Burwell Office 0 Pitt N/S VL /of 001 31 1 -00 Harris James William 0 Pitt. N/S 102-ti5" 001 310-00 Anglican Church of Canada 0 Pitt N/S REL 103 001 309-00 Dyck Albert 0 Pitt N/S tay 9 001 308-00 Hawkins Florence V O Pitt N/S RU cos t,3'!1! 001 308-00 Scott Martin Laurence 0 Pitt N/S RU �0[�3'� 001 307-00 Barber Norman James 0 Pitt N/S COM i67i 001 307-00 Barber [Greenacres] O Pitt N/S 0 Pitt N/S RDU io 001 306-00 Sawyer Jack GARAGE 0 Pitt N/S RU 39 001 305-00 McHugh Jame- B O Pitt NIS RDU 10 001 Soy -co CAMe6HT YvawJL* KATW-R;ME O Pitt *V RU 001 303-00 Farlow M V Joyce 0 Pitt N/S RDU w/S 02 001 200-00 Ross James Travis O Robinson E/S 04 001 201-00 Utting William Charles 0 Robinson RDU 06 001 203-00 Kettlewell Howard L 0 Robinson E/S RDU 08 001 204-00 Rickwood Gordon K O Robinson E/S RDU vo 001 202-00 Becker Graham 0 Robinson E/S RDU 02 001 205-00 Adams E William 0 Robinson E/S RU Ib':tN.n,C 1 001 206-00 Kerr Richard George 0 Robinson E/S RU 6 001 207-00 McConkey Ila Pearl 0 Robinson E/S PU dc18 001 208-00 Manion Donald Patrick 0 Robinson F./S RDU 22 001 210-00 Reid Wilmot. Ervin O Robinson E/S RU (1: 6 24 001 211-00 Kemp Mavis O Robinson E/S 26 001 213-00 Bradcranex Inc. 001 214-00 Frank Stephenson Food 0 Robinson E/S 001 215-00 Liquor Control Board Ont. O Robinson 001 216-00 Barrie Vincent A 0 Robinson E/S VCI 001 217-00 Stephenson Timothy Frank O Robinson E/S ,k 001 218-00 Tradewinds O Robinson E/S COM 001 218-00 McBride Randell Philip O Robinson E/S 001 219-00 Kaufman Elsie O Robinson E/S RU 2 001 220-00 Ostranders Funeral HomeLtdO Robinson E/S VL 001 221-00 Lockrey George Bennett 0 Robinson E/S RU A''At.,7 48 001 222-00 Underhill Max Edward 0 Robinson E/S �01*IPF 2 001 224-00 Shaw Christopher R 0 Robinson E/S RU 54 001 225-00 Martin Larry Douglas 0 Robinson E/S RU ►'11 001 212-00 Port. Burwell Lighthouse O Robinson E/S 001 230-00 Bradcranex Inc. O Robinson W/5 001 231-00 Glover Elva O Robinson W/S t;,5-- 001 232-00 Manion Donald Patrick O Robinson W/S D-If 001 233-00 Manion Donald Patrick O Robinson W/S 001 234-00 Manion Anne Shi rly O Robinson W-/S yaf 001 235-00 Chalk Annie C O Robinson W/S ,,43 001 237-00 Harding Laura O Robinson W/S v'(5 001 238-00 Canadian Imperial flank O Robinson W/S L�39 001 239-00 Toth Louis Victor O Robinson W/S -A] 001 240-00 Roesch Mary Patricia O Robinson W/S 001 241-00 Foster .Alan Lyal U Robinson W/S 4� 001 242-00 Bradcranex Inc. O Robinson W/S 001 094-00 Neville Loreen 0 Shakespeare E/S fit 001 095-00 Neville Harvey Richard O Shakespeare F../S „z 001 096-00 Paterson Marion Margaret O Shakespeare E/S j,3 L,A�, 001 097-00 Shelly Edward Brailsford O Shakespeare E/S „y Ll"• 001 098-00 Mathews Kenneth Nalcclm O Shakespeare E/S us1�T, '—✓ 001 100-00 Alward Harry Owen O Shakespeare E/S a� 001 101-00 Smith Kenneth Edward O Shakespeare E/S 001 102-00 Crocker Gordon Leonard O Shakespeare E/S /17- 54 - 001 103-00 Smyth Wanita Eileen O Shakespeare E/S Al°/�F 8Y 001 104-00 Stafford Lloyd O Shakespeare E/S a 001 105-06 Smith Carl L O Shakespeare E/S ,it 001 106-00 Nickerson Wayne O Shakespeare E/S 001 107-00 Dyck Johan 0 Shakespeare E/S �1 001 108-00 Charlton John O Shakespeare E/S 001 356-00 Blyth Charles Pennycook O Shakespeare W/S Ott.LX001 109-00 Ross Donald O Shakespeare W/S 001 110-00 Smyth Jack Norman 0 Shakespeare W/S oil 001 111-00 Mathews Edgar O Shakespeare W/S IZY� 001 112-00 Howick Gordon 0 Shakespeare W/S 001 113-00 'fate Larry Sorbie O Shakespeare W/S 14,1149 001 115-00 Granger David Loyall O Shakespeare W/S ao-,51 001 116-00 Fehr Mary O Shakespeare 02,, vi 001 119-00 Kanter Hans 0 04 001 273-00 Kanter Hans O 137 8 001 268-00 Stock Susan 0 001 266-00 Murphy Anthony F 0 12$ 4 001 124-00 Brisseau Lenard Edward 0 21VIO6 KiF/'N -r1.% 4 Southey S/S Strachen E/S Strachen E/S Strachen E/S Strachen E/S Strachen E/S Sfi,� AGH z7 / ic VL VL RU VL VL RU RV RU RU RU RU V [. RU RU RU VL RU VL RU RU RDU V1. RDU RDU RU 130 001 125-00 Elgin County Board O Strachen E/S EDN 13 2 001 127-04 Wilson Clifford Ellis Jr 0 • Strachen E/S RU 001 128-00 Baron Horst Guenter 0 Strachen E/S VL #erto ,c 7 001 129-00 'Waite Murray D 0 Strachen E/S RU 13 001 130-00 Hamm Abram W 0 Strachen E/S RU �3 �. 001 131-00 Brady Murray Graham O Strachen E/S RU r;S'9 - 2 001 132-00 Brown Bertha Alvina O Strachen F:/S RU 1340, 001 133-00 Roy Paul John 0 Strachen E/S RU 001 135-00 Brooks Douglas Hugh O Strachen E/S RU 03 001 160-00 Port Burwell Village T Strachen W/S RU �3 001 139-00 Guenther Susana 0 Strachen W/S RU �j 001 142-00 Epple Edwin Frank 0 Strachen W/S 001 145-00 Stephenson Frank Laurence 0 Strachen W/S VL 001 146-00 Gheysen William 0 Strachen W/S RU ►Yo 001 147-00 Bucheski Philip O Strachen W/S RU 001 148-00 Elliot Ernest Wayne O Strachen W/S RU ►yg 001 149-00 Th n Mary Elenor O Strachen W/S RU _1 ryY / 001 150-00 urke Davi _.— O Strachen W/S 5 001 151-00 Hayward Mary Helen 0 Strachen W/S RU �yGl 001 152-00 Loewen Anna 0 Strachen W/S RU ,Y7 001 153-00 Manion Donald 0 Strachen W/S # 001 154-00 Manion Donald Patrick 0 Strachen W/S V1, 3 001 155-00 Blenkinsop Harold C 0 Strachen W/S RU 45�� 001 156-00 Dohnt. Karl Henry 0 Strachen W/S RDU 15-00" 001 158-00 Dye Shirley A 0 Strachen W/S RDU 22 001 481-00 Muzzin Luigi Gino 0 Tennyson N/S RDU /:5 001 030-00 Norman Robert Rowan O Victoria F./S RU 001 031-00 Farlow John Robert O Victoria E/S VL �S 001 033-00 Proud Jan Robert O Victoria E/S RU �S 548 001 034-00 Brown Helena Grace 0 Victoria E/S RU �sY 001 035-00 Dohland Anne 0 Victoria E/S 001 036-00 Parsons Edna M 0 Victoria E/S VL ids '',0., 001 038-00 Smithson Donald C O Victoria E/S fit! isL 2. 001 039-00 Caers George John 0 Victoria E/S RU 001 040-00 Caers George John O Victoria E/S VL /S 3 001 041-00 Gillis Carl Leo O Victoria E/S 001 043-00 Wilson Thomas Lee 0 Victoria E/S RU iS7�4 001 044-00 Shelly Kathleen 0 Victoria E/S RU if9 001 045-00 Rep Beula A Ireland Dec O Victoria E/S /&C' 001 046-00 Redekop Abraham O Victoria E/S RU dci� 001 047-00 Eveland Ross Albert 0 Victoria E/S j6z✓�` 001 049-00 Boyd Wanda Lucille O Victoria E/S RU 001 050-00 Toth Louis Victor 0 Victoria E/S X'L 001 051-00 Roloson John 0 Victoria E/S 001 052-00 Gibbons Randy Chester 0 Victoria E/S RU r�//h,�j58 rr� 001 053-00 Brandt 0 Victoria E/S RU 62 001 054-00 Smyth Jack Norman O Victoria E/S R11 `nY 446 001 055-%00• Laemers Trucking Ltd U Victoria E/S f, 001 056-00 Wolfe Morley Franklin 0 Victoria E/S RU 001 057-00 Taylor bonnie Rose O Victoria E/S - R4+ // 001 058-00 McCord John Maxwell () Victoria E/S 8 �Vs Bayham McCord Farms C) Victoria E/S 1 , 5r/ 001 001 059-00 061-00 Webster Brown Vidlet Frances O Victoria W/S RU V 7 001 06'2-00 Parsons Edna O Victoria W/S Rl' Ne sr1 M ,�i 001 064-00 Philips iii✓25' 001 065-00 Claus Morley Harry O Victoria W/S RU 1�r/.nrF 27 001 066-00 Travis James Lee 0 Victoria W/S RU i72_ OOl 067-00 Longstaff Grace k'innifred 0Victoria W/SkU 3 001 068-00 Miller David T Victoria RU � 068-00 Brown Ralph 0 Victoria W/S �IV001 001 070-00 Stewart Madeline Florence 0 Victoria W/S RU /7fW-IS 001 072-00 Suderman Ant -on U Victoria W/S ,7L✓49 001 074-00 Chretien William 0 Victoria W/S ►i,;r"f51 001 075-00 McCord David John U Victoria W/S RU 001 076-00 Eveland Frank Stanley 0 Victoria W/S 5 001 077-00 kedekop Peter W O Victoria W/S RU Al, rW,-%�157 001 078-00 Stubbs John O Victoria W/S RU 59 001 079-00 Mooney .John G T Victoria W/S RU "9 001 079-00 Roman Catholic Episcopal 0 Victoria W/S ipo f,] 001 080-00 Leatherdale C Larry T Victoria W/S CO'M lid- 001 354-00 Durling Clarence David O Waterloo S/S 113 001 353-00 Hoshal Harold Harvey O Waterloo S/S RU f 24 'Sy 001 352-00 Anderson Steven Douglas 0 Waterloo S/S RU /1S U01 351-00 Scanlan Mabel Pearl 0 Waterloo 5/S ftl? ,25 001 358-00 Ronson W J Reginald O Waterloo N/S 117 27 001 357-00 Marr Doug • O Waterloo ,ea rWOIM411 001 355-00 McCurdy Ralph Ivan 0 Waterloo N/S /ta XJH 001 336-00 Kwarciany Richard 0 Wellington S/S Isy0 001 335-00 The Aylmer A Malahide 0 Wellington S/S Ifa.4'-��"� 001 168-00 Loucks Norman 0 Wellington ✓2.4 • 001 334-00 Stephenson John Frnest 0 Wellington S/S RU 001 333-00 Shelly George Brian T Wellington S/S RU 001 333-00 Canada Mortgage Housing O Wellington S/S 8 001 332-00 Toth Dorothy Mary 0 Wellington S/S RU its 30 001 331-00 Kerr Alastair Innes 0 Wellington S/S RU3 NJ'ffi°/46i") 001 329-00 Scanlan Arthur George 0 Wellington S/S RU 34 001 328-00 Barber Norman James 0 Wellington S/S OT 194 r/�36 001 327-00 Caers George John O Wellington `SAS • t CO ✓40 001 326-00 Dort Burwell Hayham 0 Wellingto,, S/S OT 11702 001 325-00 Tait Wilfred 6 Wellington S/S UE im.,4.4 001 324-00 Durling Clarence William O Wellington S/S R[ ,t1A6 001 324-00 Nesbitt Thomas Allen O Wellington S/S RiJ r48 001 324-00 Croxford Allen O Wellington S/S, RDU �� 50v 001 323-00 Burleigh Gary Ernest O Wellington S/S 11DU 52 001 323-00 Flick Margaret O Wellington S/S 54 001 322-00 Robertson Carl Alexander G Wellington S/S RDU 56• 001 321-00 Roberts Robert Nelson O Wellington S/S RDU 58 001 320-00 Karn Vera G O Wellington S/S RDU 12601- 001 319-00 Skelton John Robert O Wellington S/S RDU j 001 349-00 Manion Donald Patrick 0 Wellington h/S 001 348-00 Durst Paul 0 Wellington N/S 001 347-00 Stewart Madeline Florence O Wellington N/S 001 347-00 Public Works Canada T Wellington N/S FG 001 346-00 Port Burwell Village T Wellington N/S LG 001 345-00 party Elwood Robert 0 Wellington N/S RU 001 344-00 Kindy Norman Gerald 0 Wellington h/S RU 001 343-00 Hendrick Norman Albert T Wellington N/S RU 001 342-00 Underhill Max Edward O Wellington N/S 001 341-00 Van Beers Michael O Wellington N/S RU 001 340-00 Port Burwell Village O Wellington NIS VL 001 339-00 Redmond Aubrey- Daniel 0 Wellington N/S RU 001 338-00 Elliot James Wright 0 Wellington N/S 001 338-00 Scanlan V Wellington N/S RU 001 006-05 Todd Norman Burl O Wellington N/S RU Rori I\ 0105 e pj iA m7w 0 VILLAGE OF PORT BURWELL BY-LAW 87-21 Being a by-law to rescind by-law number 87-16. 0 WHEREAS by-law number 87-16 authorized an agreement between the Corporation of the Yillage of Port Burwell and the Port Burwell Public Utilities Commission. WHEREAS the Municipal Act RSO, chapter 302, section 218, paragraph 19 allows Council to appoint agencies to have charge and the power and the responsibility for the billing and collecting water and sewer usage rates and any other relevant matter or thing. WHEREAS the Council of the Corporation of the village of Port Burwell is desirous of discontinuing the responsibilities for billing, collecting, and managing the Village water and sanitary sewer system, which is presently performed by the Port Burwell Public Utilities Commission. THEREFORE be it enacted: 1. All services and responsibilities of the Port Burwell Utilities Commission as related to the water and sewer system are terminated effective September 30, 1987. 2. By-law 86-16 is hereby rescinded andnnrep sled effective September 30, 1987. �., n n 11 6 MOVED BY A That by -la _SECONDED BY DATEC97 7 d a first tile. Read ncFcarried. MOVED BY SECONDED BY :� -PAV711.a3� That by- aw 8-7-2read a gecgnd time Readi g dispensed c MOVED BY _ i ONDED BY DAT; � 7 That by-law87-21 b read a third time. R ing dispensed wi h. finally passed and carried. 0 f Being a by-law to authorize the Corporation of the Village of Port Burwell to enter into agree- ment with London Public Utilities Commission. WHEREAS the Corporation of the Village of Port Burwell is desirous of obtaining the utility billing service of the London Public Utilities Commission. THEREFOR the Reeve and Clerk are authorized to sign the attached agreement which forms part of this by-law. MOVED BYE That by -la 6 _DAT d an ar ie . MOVED BY I% SECONDED BY f �f////"(1/ DATF / That by-law num 87-22 be react- time. ea ng s/ dispensed l.' MOVED BY SECONDED Lim% SECONDED BY DATE Zhv37197 l That by-law number 87-222 be read a thi d�� e. Reading dis d with,�inally passed.1/ ECONDED BY be read a Reeve, C1Prk BETWEEN: OV Pi P(...-- ?6 -7 z �- J THIS AGREEMENT made this day of THE VILLAGE OF PORT BURWELL COUNCIL (hereinafter called "Port Burwell") OF THE FIRST PART - and - THE PUBLIC UTILITIES COMMISSION OF THE CITY OF LONDON (hereinafter called "London") OF THE SECOND PART WHEREAS the Village of Port Burwell Council hereby makes application -to the Public Utilities Commission of the City of London to produce residential and commercial bills, and reports pertinent thereto; NOW THEREFORE Port Burwell agrees and covenants with , 1987 London to:- 1. Use the reporting devices supplied by London and send such devices to London for each billing period. 2. Forward meter reading cards or other appropriate device to London at Port Burwell's expense. 3. Pay to London a one-time charge of $300.00, plus 102 per customer for creating master records. 4. Pay to London the current rate of 38.0¢ per bill issued, with a minimum charge of $50.00 per billing. Rate includes billing register, credits and arrears list, consumption to revenue report, S.I.C. statistics, customer's bill, accounts receivable card, meter reading cards, envelope and handling, and any future rate revisions. The said rate may be varied during the lifetime of this agreement. 5. Pay to London the postage for all bills mailed from London to utility consumers. 6. Pay to London the following items, if Port Burwell requests London to provide such items or if charges for the same are incurred by London as the result of an omission by Port Burwell:- long distance telephone calls, shipping charges, travel expense, overtime, special handling requested by Port Burwell. - 2 - AND THEREFORE London agrees and covenants with Port Burwell to:- &V Prepare domestic and commercial water and sewer bills at intervals of not less than sixty days. 2. Prepare a statistical analysis of consumption and revenue according to classification and a billing register which is a listing of accounts billed. 3. Supply Port Burwell with mark sensed reading cards, or other appropriate device, which are to be billed during the current period. 4. Be -responsible for and pay the expense of mailing and shipping cards; AND FURTHER, London agrees to a billing schedule which shall be prepared and followed by mutual consent of both parties. FURTHER, Port Burwell agrees to pay for any work done by London pertaining to this billing application which is not specifically contained herein; AND FURTHER, Port Burwell agrees to pay the accounts rendered for this service within thirty days from date of invoice, including any tax that may be applicable thereto. The charges shown herein are those currently in effect. All charges are subject to change upon at least two months' prior written notice during the lifetime of this agreement. This agreement is effective from the date it is accepted and shall remain in force, except as otherwise provided, until two years following the date the first billing is ready for use. Thereafter it may be terminated by either party at the end of any calendar month, provided Port Burwell gives London at least six months' prior written notice thereto and London gives Port Burwell at least twelve months' prior written notice thereto. London shall carry out the terms and conditions as herein ofstated to the best of its ability but shall not be responsible for delays caused by breakdown and/or malfunction of its machines, strike, lockout, or any other conditions beyond its control. - 3 - Port Burwell will indemnify and save harmless London from any or all claims, demands, actions and causes of action and from all costs to which rndon may suffer in respect of or in any way arising out of any work or service done or omitted to be done by London in respect of the work and services required to be done under the terms of this agreement. This agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement. SIGNED, SEALED AND DELIVERED in the presence of: VILLAGE OF PORT BURWELL COUNCIL ���1 i�'! ACC %•Lc <<� THE PUBLIC UTILITIES COMMISSION OF THE CITY OF LONDON Chairman Secretary -Treasurer 1. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 87-23 -------------------------- Being 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. section' 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 sufficient 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. R. There are to be no T's or supply splits between the stop cock and the meter. RATES: 1. All metered users shall pay $1.21 for the first cubic meter ($5.50 for the first 1,000 imperial gallon) of water metered each month, and an additional $1.21 for each cubic meter, metered each month in excess of THE FIRST 5 cubic meters (approx.1000 gal) METERED per month. 2. Where Municipal sewers are connected to the metered supply, the sewage service rate shall be $13.64 each and every month irregardless of the quantity of water used. Metered users shall receive a minimum bill for the first 5 -op % cubic meters a month irregardless if it is used. 04. Commercial and industrial metered users shall pay a rate that. is the same as the metered residential users. 5. Customers of occupied residence and businesses shall pay a monthly rate equivalent to 80 cubic meters if meter readings are unavailable or tampered. 6. Unmetered customers of abandoned homes or businesses shall pay a rate equivalent to upon approval. by resolution of Council. 7. 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 $15.00. This charge shall he levied in case of turn off for non payment of account. 8. 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 lien on the property and is to be collected as an extension or addition to the water/sewer bill. 9. Should a Municipal sewer to be hooked to a private water supply, the rate shall be $13.64 per month. 10. Any out. of Town users shall pay a rate of 1 1/2 times the in Village users. 12. No person may use water from a fire hydrant, with the exception of fire departments. Any person who contravenes this by-law is subject to a fine of lip to s1,000.00 upon summary conviction. THIS by-law repeals and rescinds all other previous by-laws that determine user rates. so?Il THIS by-law to come into effect on , 1987 at 1:00 A.M. THIS by -la o lace the P.U.C. Act R.S.O. Chapter 423. 67 MOVED BY SECONDED BY That by-law 8 -23 a 7,ad a first time. add, d ca ed. MOVED BY SECONDED BY THAT by-law 87-23 a read a second time. 'Read and disp se with. J4 MOVED BY SECONDED BY DAT--bq , , 4 Ir.'i, I dS7 THAT by-law 87-1be read a third time. Readin dispensed h, finally passed. REEVE -� �- r 0 • • I BY -Law number 87-24 -Being a by-law to amend 1 by-law number 86-13 a bf-law to zone certain lands on Milton Street and Wellington Street as "institutional". WHEREAS by-law 86-13 was duly passed through its various readings signed and sealed. BY-LAW 86-13 is hereby amended property zoned institutional attached sketch marked appendix 87-24. so that the boundary of the is redefined as shown on the "A" which is part of by-law THE by-law to come nto full force and effect on date of passing. If XMOVED BY SECONDED BY Ewq�i� That by-law number 7-24 be read a firs time. R ad and carried. MOVED BY - IY Vi. ONDED That by-aby4av numbe 87-24 be dispensed. MOVED BY A.. W111k. SECONDED That by-law ndOer 87-24 be read with, finally passed. DATE I-IdV BY �/98) read a second time. Readin g -U DAT EI�$j a third time. Reading dispense Reeve, Jerk s VIILAGE OF PORT BURWELII' SCHEDULE 'A' Frocrtl Sub fc cfi 0 � ay qrw (OL-13) Sb Ir Fe4,r L.tLt/23 P1d, IMI tot Z31 zy Pjw :02uols �,�cr :ovIMCIAI. ►C�t A AGRICULTURAL R1 RESIDENTIAL ZONE 1 TP TRAILER PARK Cl GENERAL COMMERCIAL C 2 LOCAL COMMERCIAL C9 IIARDOIIR COMMERCIAL 1114T ZONAL • • ^ M INDUSTRIAL 7 1 S C H E D O L E I require thiS plain to be PLAN I I R-3% CAUTION • PART LOT INSTRUMENT AREA deposited unde� Received and Deposited : 1 25,Mest on Milton 264275 854 eR Registry Act. Date: Tw/y /a' /907 metres 21 and22, west on 195762 882 sQ pale' JUNE 24 2 Milton Street metre• 3 2I, East on 230992 342 sa This plan If not Shakes Street metres Lhl Subc,vis►� Deputy Land Regletr 4 22, Eosf on 2B 3513 405 sv 1 Shakespeare Street metreshe mei"Ing for the Registry Dlvisil J G. RUPERT of Elgin (II). 5 21, East on 230992 548 sVlarmirg Act. ONTARIO LAND SURVEYOR Shakespeare Streit metres . -- --- ,..• r, .a . e.r .,.....,.. _... -- -- -- >- PLAN 0 F SURVEY �.r,re .•r •,••n4 r•,•.••,— .}+---- 11ff•=T'40•w 41411 •ees. —--t.2fe n 1'n —• -- -- +a POF Mo•so'so•E PART. -. I � _--�'� LOT 25,West on Milton Street AND PARTS OF .- !0. 525 wee•I - West on Milton S tree tet,.,.• '; �' �-�o•o.•:o•w LOTS 21 and 22, 94 sr //5_ „^S r 57 ,-s =00 0.,2, AND PARTS OF I I LOTS 21 and 22, East on Shakespeare REGISTERED PLAN 12 �1 --460• W1o0-er 1940 4VILLAGE OF PORT BURWELL w not 1a•rr'.PIt ' N COUNTY OF ELGIN J. G. RUPERT LTD �L 41, z ONTARIO LAND SURVEYORS f w SCALE 1 500 METRES It ° o NOTES e h, I •j �I I 1 I um • BEARINGS ore AsrrorwmK and on referred to • fn• IlL r s ` I �l I North limit of part 3 as anon on Hc .Ierene ^ oI J 1 W E E Plan IIR-2954 hovingobeanngof Nd8•3900 M. 1 A?i 1/ 12_ DISTANCES shown on this Dion ore in metres and / /lr i i je1rf: S Nl �f-e14 40 I can be converted by dividing by 0 3048. rr� --� +.• ,r rr _ .r+„ ,. »+. O Devotee Survey Monument Planned ! • _ 'e1,10. , -- • Denotes Survey Monument Found r L,MBMN'30•r -s ee a4t — eteee sale Denotes Standard Iron 8or s f6.494 —� 7 \ IB Denotes Iron oar or a III I Ssle Denotes Short Standard iron oar I G� C • AI Denof.e Angie Iron in concrete Q) O L " I� • 41 O M • I it30 Denotes J G Rupert, 0 L S c� Nt 2f'E •_ W °'y n C�1 PART 4 cc Denotes cur Cross 'v I 1f.l66� 0� ` R.P Oenote, RegU fared Pion a • • �i N �n < Rat Big Reference Bearing 3 h S SURVEYOR'S CERTIFICATE N ee•40, or �e N66.40'wN ,,. ,n .,y �. �= f- - 1 26 4ee q G • 1, 1 HEREBY CEIi iY THAT C O �,,� n y ::; PART 5 ; p AQ I, �_ I ! This survey and Dian are correct and occardc�u . 1 0 " w " PART 3 o rite Surrep Act and rho Reyrstrr Au an the O ` , • O - (L in i �, agulOtlons mode thereunder I I 10, 2 Th. survey was completed on rns i81n do' or June, •+� 21t Off 4,0,t 21 La ftkit . ....__ i— -�—L 1987 171fe6•f6'70•w ke.•,. so•w +fsr _T' i� / / — — II II'' I �y J G RuDerr , Ontario Land Surveyor • � n G Rs,/Em, _ r0 , !N R/O L ANO SURVE rORs (7/V' 90 CURriS S r, s r rNOMAs, ONT `� /N t1r9/ 611"731/ 86-591-D-2 e — Village of korit b urwell BY-LAW NUMBER 87-25 Being a by-law to authorize the Reeve and Clerk to sign a new lease agree- ment with the County of Elgin for Library facilities. WHEREAS the Corporation of the Village of Porgy Bulrwell owns property known as East part of Lot 21 Plan 12 on the North aide of Wellington Street and is located on the North west corner of the intersection of Wellington and Erieus Street in the village of Port Burwell, County of Elgin. WHEREAS approximately five hundred and fifty square feet are used as a Library facility. WHEREAS the Corporation is desirous of entering into the attached lease marked appendix "A" with the County of Elgin. THEREFORE the Clerk and Reeve are authorized to sign the attached lease to bind the Corporation . THIS by-law comes into full force MOVED BY I SECONDED THAT by-law nudber 87-2 be read and effect on date of passing. BY DATE 47-C7 -Zlj ' isj first time,& MOVED BY SECONDED BY THAT by-law number 87-25 be read dispensed. MOVED BY r NDED THAT by-law umber 8 -25 be read a with, and finally passed. DATE / z 5 - Read d BY2AO DATE 21 third t e. eading dispense K REEVE BY-I.AW NO. 87-26 Being a by-law to zone R-1 (residential) a parcel of land as shown on schedule "A" and "AA" in the Village of Port Burwell. WHEREAS Counc-1- ire desirous nF zoning this parcel of land as residential (R-1) & residential (R-2) WHEREAS the East Elgin Official Plan is now in effect and this zoning conforms with this official plan. COUNCIL therefore enacts by-law number 87-26 as it applies to the parcel of land as shown on schedule "A" and "AA". THIS by-law r s q to u11 force and effect on date of passing. MOVED BY SECONDED BY E THAT by- aw nu er 7-26 be read a first ime. MOVED B �� SECONDED BY �� ` DATE THAT by-law number 87-26 be read a secon ad and dis en MOVED BY _�� ECONDED BY DATE THAT by2laV number 7-26 be read a third time. Reading dispen ire with and finally passed. 7 5 e d v*��^^ d. .. i I'i u .► Str g �� • u � u,ice I _ wL Fliiabattl Sbuct 1 . ; 1 OL ' 2 f lot too i P tt02UOts arAcw \ ►tOV lwC1AL ►Att _ - \\ P A AGRICULTURAL R1 RESIDENTIAL ZONE 1 TP TRAILER PARK C1 GENERAL COMMERCIAL CT LOCAL COMMERCIAL C.3 HARBOUR COMMERCIAL INSTITUTIONAL M INDUSTRIAL P PARK i RECREATIONAL H HAZARD LAND A , VILLAiE OF PORT BUNELL SCHEDULE "A" ! P 177 ' er 0 On Ftl t IC2 -' eC3 g t3 Cit 1 t PC IL TP • I I 'r - R1 � �_ _�;�Rt _ r � CT.T qq G= fit.C3 P d P3 CE .P P �3 VON [ l This is Schedule 'A' to Hy -Law No. Passed the Ca). of 19! Reeve clerk TAGLF orCO`:TE':TS SECTION TITLE PAGE 1 Interpretation and Administration 1 2 Definitions 5 3 Zones and Zoning Map is 4 General Provisions 20 5 R-1 Zoning 30 6 R-2 Zoning 33 7 Schedule "A" & "AA" 36 0 0 EXPLANATORY NOTE By-law No. 87-26 Village of Port Burwell By-law 87-26 is a zoning by-law for the East side of Elizabeth Street,North of Wellington and only affects the lands as shown on schedule "AA". This by-law implements the Official Plan of the East Elgin Planning area as it applies to this land. The by-law regulates the use of all land, buildings and structures that will be part of a new subdivision on approximately 8 acres of land. I BY-LAW t70. 87-26 RESTRICTED AREA BY-LAW VILLAGE OF PORT BURWELL East side of- Elizabeth Street north of Wellington as shown on the accached male marked appendix "A". 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 33 of -he Plan- ing Act, R.S.O., 1984' to Dabs znis By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SECTION 1 INTERPRETATION & ADMINISTRATION 1.1 SHORT TITLE This By-law shall be known as the "Zoning By-law number 87-26 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 as shown on schedile "AA". 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 as the subject land as shown on schedule "AA". 1.4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of the Municipality. it affects M - 2 - 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 through 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 mzn__ d�orJ _ 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, I.orade 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 4 h rS 4'4AW . - 3 - 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 therec= 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. r • - 4 - - 1.16 APPLICATION OF OTHER BY-LAWS 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 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. 1.13 EFFECTIVE. DATE This by-law shall come into full force and effect upon passing. I a, - 5 - 0SECTION 2 DEFINITiOt'S 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 1"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. lip 2.8 BOARDING HOUSE,, and ROOMING HOUSE and TOURIST HOME, shall mean any house or building or 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 o` 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 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. ILLUSTRATION .9 HEIGHT OF - BUILDING. DEFINITION H j-6.�Oo �....%& . I' - - FRONT RIDGE —gin— EAvE H FRONT SIDE RIDGE FAVE H FRONT SIDE 0 Flat Roof Gable Roof. Hip Roof RIDGE EL Gambrel Roof FRONT SIDE RIDGE DF DECK LINE T. H I - FRONT H FRONT SIDE RIDGE [AVE Slrr_ Mansard Roof One Slope Roof - H- HEIGHT OF BUILDING NOTE. THE ABOVE ILLUSTRATION IS FOR CLARIFICATION AND CONVENIENCE ONLY AND DOES NOT FOP&A 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. 2.21 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. - 8 - 2.26 DWELLING, SEASbNAL, shall mean a dwelling used as a secondary place o.f 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-FA.^1ILY 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 7 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. - 9 - 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 go 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 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, P..S.O., 1970 and The Tourist Establishment Act, H.S.O., 1970. 4 ,- - i. . 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 anv commercial vehicle while loading or unloading goods, merchandise or materials used in connection with the main use of the lot or any building Is thereon, and which has unobstructed access to a street or lane. 2.49 LOT, shall mean a parcel of land, described in a deed 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. ILLUSTRATION OF DEFINITIONS M.d PO'nt of Frnnl Lot L7 Orsunce Spec'Ired rn Ile By' Law \ Sroe Lot Lrrr r t r Side Lot Lme Lot Froma{fe Measured on LON Ptrpindreular 10 Ine Lrne .FOr^'nq Ine Mrd POrnI Ot Ffon, lol Lmt to Ave. of Lra^yre fof reed Dy trrt S.or Lot Lr^e Lot Frontage Fro^, L01 Ont M.d Po.n1 0& ne F toLo' L i O'startc.a Sp<CrlTd/ In ,rat By Lai 10, Frontage Measured on Lw{ pt,De"ocurar t0 L" yrnrry 164.0 Pprnis Of Floral end Rear Lot Lrne Srdt Lot L'rr M.rt point of Rear Lot L-nt f — Sale Lot Lrne Lot Frontage Lot L-Ks Yt nl.' F'aralrt' i Ma• mom / ----�`/-Gornw Lot Corner c o' ^tr l of S' a•gnl Sots i .51 f Pornl of ml One Neal Lot Lint Lot Depth Front ar4 Rea' Lot Lwtes are no! Puantl lnrougm Lot et,er.Or Lot I col Mf Lot Inllrror I LOI co, Mr Lo' "/C\ LOT �l ,I Mrd Porn) of Front Lot Lrne roe■ or lnanpit I F d mee oy l ^t S roe lnt l rues Depth ,Lot No Rear Lot Lrne Fronf Lot Lrne—_ Rear Loth I L,ne 1 Lot Depth ff(/H " Rrar Lot L-es art pafatlef tot Fro^lags \ lange^ts 10 61r N1 L rMs pr avn 1 rr Oust cOr nN E.Iref^•Ires d I^I� er.of Lot Lrne e„dt Lot Lr^1 ♦ • Mai f fonl Lot LrM Lot Corner Gof I,& L 01. G.r 'red Son NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE ONLY AND DO NOT FORM PART OF THIS BY—LAW. ;7 - 13 - 2.64 MOTOR HOME, shall mean _a structure built on and made an 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. b, - 12 - b) Rear lot line shall -mean the lot line far�chest 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 HOPIESTAND, 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 11014E 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. Q. s 6 - 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 retai sa e, 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. o�-, . 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 PER14ITTED, 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, gr-vel, 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. 7 - 15 - 2.85 PIT, WAYSIDE, shall mean a pit opened and used by a public road authority for the purposes of a particular road 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, means 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 R SC ep aoi�oard. 1.• o 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. 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 to such centre line, to the nearest part of any building or structure on a lot. 16 - 05 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 ow_r=iL� 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. ut,i.., 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 10,08 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 icy -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. ILLUSTRATION OF YARD DEFINITIONS 1,0. 1.0 L .— L.1 O.A.. a.., to, Ll- L— b., Building t.\\<< Building *A7 ,7. NOTE: The Above Illustration is for Clarification and Convenience Only and does not form part of this By- low. - 18 - SECTION 3 ZONES AND ZONING MAP 3.1 ESTABLISHMENT OF ZONES - For the purposes of this By-law the as Schedule 'A' shall be referred to Map" for the Village of Port Burwell shall be divided into the following ZONE Agricultural Residential Zone 1 Trailer Park General Commercial Local Commercial Harbour Commercial Institutional Industrial Park and Recreation Hazard Land 3.2 USF. OF ZONE SYMBOLS map hereto annexed as the "Zoning and the Zoning Map zones: SYMBOL A R1 TP Cl C2 C3 I M P H 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; b) where zoning boundaries are indicated as approx- imately following lot lines shown on a registered plan of subdivision, slch lot lines shall be deemed to be the said boundary; - 19 - c) where zoning boundaries are indicated sap approx- imately imately parallel to the line of any the distance from such es shalltbesconstruadnot cased, such zoning boundary being parallel to such street and tthe u distance therefrom shall be determined by of the scale shown on the zoning zone boundary is left uncertain after d) where any application of the provisions of sections 3.4 a), b) and c) of this By-law, then the boundary line cording to the scale on shall be determined ac Schedule 'A' to this By-law. I. - 20 - 0 SECTION 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; c11 - 21 - sp 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, or forty (40.0) square metres whichever 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 our)il is instructed at a - 22 - 40 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, qun powder, petroleum and petroleum liquid material which is likely to create danger to health, or danger from fire or explosion. 16 - 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 Vhere 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. b4.11 HAZARDOUS AREAS 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 24 - 4.11.2 Where in this By-law a front, side or rear yard is required, and part of the area of the lot is covered by water or marsh for more than two months in the year, or is beyond the rim of a river bank or watercourse, or between the top and toe of a cliff or embankment having a slope of thirty (30) degrees or more from the horizontal, then the re- 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 w4th access only by an existing, private right of way may be developed for all uses in the appropriate zone provided that: 25 - 10 - 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 (Cl) 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, 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. 1. - 26 - to 4.20 USE OF YARDS.ON LANDS WITHOUT BUILDINGS Where land is used, for or in connection with residential, commercial, industrial, or instit- utional uses but without any buildings or struc- tures thereon, all yards required by this By-law on a lot 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 ENCROACHKENTS IN YARDS C*rnr-+biro 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: Permitted Yard Max. Projection 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 NW.23 PARKING REGULATIONS IN RESIDENTIAL ZONES 4.23.1 All parking spaces in any residential zone shall • be located*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 with residential buildings of the type permitted in the Zone. ,,: 1. - 28 - so 26 MOBILE HOMES PROHIBITED IN ALL ZONES It shall be prohibited to locate and use a mobile home in any 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. 27 OCCUPA14CY 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. .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 supersede 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. - 3 r) - SECTION 6 R.F.-1-IDENTIAL ZO17E (R1 ) REGULATIONS 6.1 pEP-HITTED USES residential uses including seasonal dwellings home occupations accessory uses 6.2 PERMITTED BUILDINGS AND STRUCTURES a) one single family dwelling onlone lot. h), buildings for the permitted uses c) accessory buildings for the permitted uses 6.3 at Lct jqI-e,t where municipal sanitary sewage disposal facilities and a piped municipal water supply are available: 440 square metres = 4750 square feet - -44o square metres for a single-family dwelling a * 4 - 31 - Where a municipal sanitary sewage disposal facility and a piped municipal water supply are available: 15.0 metres for a single-family dwelling 6.5 MINIMUM LOT DEPTH Where municipal sanitary sewer and water supply services are not available - 60.0 metres Where only a piped municipal water supply is available - 38.0 metres Where municipal sanitary sewage disposal facilities and a piped municipal water supply are available - 2 29.0 metres. 6.6 MAXIMUM BUILDING COVERAGE 30 percent - single family, 6.7 MAXIMUM BUILDING HEIGHT 9.0 metres 6.8 MINIMUM FLOOR AREA 78.0 square metres 6.9 MINIMUM FRONT YARD DEPTH 5 .0 metres 6.10 MINIMUM SIDE YARD WIDTH a) Attached Garaqe or Carport: -side yard on each side of the combined buildings .7 metre plus 0.5 metres for each additional or partial storey above the first storey. 32 - b) No Attached Garage or Carport: -side yard on one side of the main building, 0.7 metre, plus 0.5 metres for each additional or parital storey above the first storey -side yard on the other side of the main building, 0.7 metres. e) Corner Lot: -side yard abutting a public street - 3.0 metres -side yard on the other side of the main building -0.7 metre plus 0.5 metre for each additional or partial storey above the first storey. 6.11 ti,INIMUM RF,AR YARD DEPTH 7.0 metres 6.12 SPECIAL USE REGULATIONS The special regulations contained in this sub -section 6.12 shall apply to the area or areas defined below: 6.12.1 6.12.1.1 Defined Area x-i . as shown on Schedule "A" and "AA" on the by-law. 6.12.1.3 Other Permitted Buildings and Structures The existing buildings and structures. 6.12.2 (33) &':�CITION & RESIDENTIAL ZONE R-2 REGU,'.ATIONS 7.1 PERMITTED USES residential uses including seasonal dwellings home occupations accessory uses 7.2 PERMITTED BUILDINGS AND STRUCTURES a) one single-family dwelling on one lot, one duplex dwelling or one unit of a semi-detached dwelling on one lot. b) multiple -family dwellings c) buildings for the permitted uses d) accessory buildings for the permitted uses 7.3 MINIMUM I.OT AREA 7.4 7.5 7.6 Where municipal sanitary sewage disposal facilities and piped municipal water supply are available; - 440=4750 462 square metres for a single-family dwelling - 370.0 square metres for one unit of a semi-detached dwelling - 740.0 square metres for a duplex dwelling - 300.0 square metres for each dwelling unit in a multiple -family dwelling. MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facility and a piped municipal water supply are available; - 15.0 metres for a single-family dwelling - 10.0 metres for one unit of a semi-detached building - 21.0 metres for a duplex dwelling - 10.0 metres per dwelling unit for multiple -family dwelling MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities and a piped municipal water supply are available 29.0 metres MAXIMUM BUILDING COVERAGE 30 percent - single family, duplex and semi-detached dwellings 40 percent - multile family dwellings ( 34 ) 7.7 MAXIMUM BUILDING HEIGHT 9.0 metres 7.8 MINIMUM FLOOR AREA 78.0 square metres 7.9 MINIMUM FRONT YARD SEPTH 5.0 metres 7.10 MINIMUM SIDE YARD WIDTH a) Attached Garage or Carport: -side yard on each side of the combined buildings .7 metre plus 0.5 metres for each additional or partial storey above the first storey. b) No attached Garage or Carport: -side yard on one side of the main building 0.7 metres plus 0.5 metres for each additional or partial storey above the first storey -side yard on the ether side of the main huilding 0.7 metre c) Semi-detached Dwelling -side yard between the common vertical wall dividing one dwelling unit from the adjoining dwelling unit - nil -side yard on the other side of the unit - 3.0 metres d) Multiple -Family Dwelling: -minimum combined side yard - 9.0 metres -minimum side yard on one side - 3.0 metres e) Corner Lot: -side yard abutting a public street - 3.0 metres -side yard on the other side of the main building - 0.7 metre plus 0.5 metre for each additional or partial storey above the first storey. 7.11 MINIMUM REAR YARD DEPTH 7.0 metres 7.12 SPECIAL USE REGULATIONS 1 The special regulations contained in this sub -section 7.12 shall apply to the area or areas defined below: 7.12.1 Defined Area R1-1 as shown on schedule "A" to this by-law. (35) • .12.2 Other Permitted Buildings and Structures The existing buildings and structures. 7.12.3 Defined Area R-2 as shown on -schedule "A" and "AA" -of this by-law. 0 •'TA T TO CONVERT METRES TO FEET, AND FEET Tv METRES •I-1 To convert metres to feet, divide the number of metres by the conversion factor, i.e.: • X T 0.3048 = Y I • where X = number of metres �I 0.3048 = conversion factor Y Q number of feet For example: metres 0. 5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 6.0 7.5 8.0 9.0 10.0 10.5 12.0 14.0 15.0 17.0 18.0 18.5 20.0 21.0 22.0 25.0 26.0 30.0 30.5 32.0 35.0 40.0 45.0 50.0 55.0 60.0 70.0 80.0 90.0 100.0 150.0 feet 1.64 3.28 4.92 6.56 8.20 9.84 11.48 13.12 14.76 16.40 19.68 24.61 26.24 29.52 32.81 34.45 39.37 45.93 49.21 55.77 59.05 60.97 65.62 68.90 72.17 82.02 85.30 98.42 100.07 104.99 114.83 131.23 147.64 164.04 180.45 196.85 229.65 262.47 295.28 328.08 492.12 rounded 1.5 3.5 5.0 6.5 8.0 10.0 11. 5 13.0 15.0 16.5 19.5 24.5 26.0 29.5 33.0 34.5 39.5 46.0 49.0 56.0 59.0 61.0 65.5 69.0 72.0 82.0 85.5 98.5 100.0 105.0 115.0 131.0 147.5 164.0 180.5 197.0 229.0 262.5 295.5 i 328.0 492.0 k P SIDENTIkL (RI) ZONE The R1 zone permits one singlb family detached dwelling; one duplex dwelling; one semi-detbehed 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 Wupply or a communal water supply are not available, and, 800 square metres (8,600 sguare 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. Y.aximum building coverage is 30 percent for all dwellings except multiple family buildings which may cover 40t 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 PAPY (TP) 7.0NE 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 CO"'. FRCIAL (Cl) ZONE The C1 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. tuere municipal sanitary sewage disposal facilities are not vpply ailable but a piped municipal water supply or communal water is available the minimum lot size shall be 800 square metres (8,600 .guare 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 ab Pitt Street, or along Wellington Street from Robinson Street to Erieus Street but the minimum front yard elsewnere shall be 7 metres (23 feet). The minimum side yard wnere 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 rear yard depth is 6 metres (20 feet). `AL (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 r.,inimu.m lot areas are identical to those in the General Corrmercial (Cl) zone. Minimum lot frontage is 20 metres (66 feet), maximum building heic_ht is 12 metres (39 feet), minimum front vard is 7 metres (23 feet), and the minimum side yard is 4 metres (13 feet) . HARBOUR C0.%t'-tFFCIAL (C3) ZONE The C3 zone permits marinas; boat construction; fishing businesses; public and private parks; industrial uses including boat repair operations, grain elevators; storaoe 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 ) ONE 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 scuare feet) and 800 square metres (81600 scuare feet) are dcterrr.ined 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) "ONE e M1 Zone permits manufacturing and industrial operations; 9nd rehousing and storage uses; automobile body shops; offices retail outlets related to the industrial operations carried on in the same'building; accessory buildings; arl dwelling units in a portion of the non-residential building, in conformity with R1 floor space regulations, for one caretaker or person and his family employed in the industrial operation permitted on the site. The minimum lot area where municipal sanitary sewage disposal a facilities and a piped municipal water supply or n communal water supply are not available is 1855 square metres (20,000 square feet). 47here 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). Ad-_�itional M Zone regula- tions include: minimum lot frontage 30 metres (98 feet); minimum lot death 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. It 1 TABLE OF CONTENTS TITLE PAGE Interpretation and Administration .l Definitions 5 Zones and Zoning Map 18 General Provisions 20 Agricultural (A) Zone Regulations 29 ' Residential Zone 1 (R1) Regulations 30 Travel Trailer Park (TP) Zone Regulations 35 General Commercial (Cl) Zone P.egulations 36 Local Commercial (C2) Zone Regulations 39 Harbour Commercial (C3) Regulations 41 Institutional Zone (I) Regulations 43 Industrial Zone (M) Regulations 45 Park and Recreation (P) Zone Regulations 47 Hazard Land (H) Zone Regulations 49 Schedule A Conversion Tables c► BY-LAW NO. 364 RESTRICTED AREA BY-LAW VILLAGE OF PORT BURWELL *by-law to reculate the use o_` land, the character, loca- ion and use of buildings and structures in the Village of Port Burwell. TV"HEREAS 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 'he Plan- ina Act, R.S.O., 1970, subject to the approval of ;.he Untario ?:unit:pal board, to pass this B%,-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SEC-TION 1 I':TERPRrT7-.T.'0N b ;-.DMTNISTRATION 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 Villaqe 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. 4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of the Municipality. so 1.5 MEANIUG 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 throuch 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 NU BEER AND GEI.DER In tnis 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 ISTR.',TION 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 FOP, 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 eaci 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. ?M440--r 0,�t 1"r if ;Z P16nning Act 1783 NOTICE OF A PUBLIC MEETING To Be Held By PORT BURWELL VILLAGE COUNCIL Respecting an Amendment to By-law 8613 Take notice that the council of the corporation of the village of Port Burwell will hold a public meeting for the purpose of in- forming the public in respect of a proposed amendment to by- law 86)3 in accordance with the provisions of the planning act. The amendments to be considered are as follows: APPLICATION To Port Burwell non-profit Housing Corporation requests that institutional zoning as described in by-law 8613 be extended to- include the additional lands DurMse to accommodate the redesigned one storey senior c� � building located on Milton St. The public meeting will be held in the clerk's office, 21 Pitt St., Port Burwell at 7:30 p.m., Monday, November 9, 1987. Any inquiries prior to that date may be directed to the village clerk (874-4343). Elwood Valrty Clerk, Village of Port Burwell Box 10 Port Burwell, Ont. No,J 1 TO F. EXPLANATORY 111 NOTE BY-1,AW NO. 364 VILLAGE OF PORT BURWELL By-law No. 364 is a co:^rrehensive zoning_ by-law for the Village of Port bur -well. The by-law implements the Official Plan of the Last 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 acccmoanying and attached schec!ule (zone map) , and prohibits any use of lane: or the con- struction and use of buildings and structures not specifically authorized. rxceptions to this rule are limited to those uses, lawfully in existence on the day the Fey -law was adc-Dted and to those uses the plans for which have Seen approved by to e Village Council prior to the day of the passing of the Lv-law. In addition, the Py-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 rec_ulations 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 brie: su.:.mary of the provisions of Ay -law No. 364 are provided below. Council zeroes you read the entire By-law and to note in particular how it affects your property. Applications to amend the D%F-law may be made at any time. FU"L': ;RY OF BY—LAW 700E RFC;L'L1,TJ 0' S AGRICULTURAL (A) ZONE The A zone permits agricultural uses, exiting residential uses, farm buildings and structures including one single family de- tached dwelling on one lot, home occupations and acce-snory 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 anv structure in an A zone is 20 percent with a minimum front ird of lb metres (60-feet), and a minimum rear yard of 15 ;etres (49 feet) . 1.11 BUILDINGS TO Br XOVED 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, br from any location beyond the boundary of the Municipality, into any zone, snall 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 o: shall be moved into the Punicipality :rom outside without a permit from the Building Inspector. This provision shall not apply to utility sheds. 1.12 LICENCES A2.D 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 VICLATIO`:S A1:D PENALTIES 1.14 Every person who uses a any building in a manne mcnt of this Ev-law, or use or erection, or who this By-law or causes o guilty of an offence an liable to a fine not to ($1,000.00) exclusive o and every such penalty The Summary Convictions from time to time. REMEDIES ny land or erects or uses r contrary to any require - who causes or permits such violates any provision of r permits a violation, is d upon conviction shall be exceed one thousand dollars f costs, for each offence, -hall be recoverable under Act, R.Q.O., 1970 as amended :here 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 Plannina Act, R.S.O., 1970, as amended from time to time. 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. j 1.16 APPLICATION OF OTHER. BY-LAWS ?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 obliaa- 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 D:unicipal Board, come into full force and effect as of the date of passing hereof. 0 SECTION 2 DEFI"ITIONS 2.1 ACCESSORY, shall mean a use, a building or structure that is normaliy incidental, subordinate and exclusively devoted to a main use, building or structure and that is located on the same lot. ' 2.2 AGRICU-'TURAL USE, shall mean the cultivation of land, t-he 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 cf 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 :,jade 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 ESTABLISH"'IENT, 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. .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. 2.8 BOAP.DING HOUSE, and ROOJ'I17G HOUSE and TOURIST 13O!E, shall mean any house or building c= 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 aaed, or institution, or restaurant accommodating the general 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, carper, 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 Planr.inn A^t, R.S.O.,_1970. 2.12 BUILDING INSPECTOR, shall mean the officer or employees of the T:unicipality 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 mininum 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 cor^prising land usea 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 two floor levels which is partly or wholly underground but which has more than one-half of its height from z finished floor to ceiling below adjacent finished grade. 1. 7 a - 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 forea_oing, includes the offices • or consulting rooms of members of the medical or dental professions listed in this Hy -law under the definition "Home Occupations" and includes any building in which two or more }dome 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 sw•imning 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 desiqned 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. &.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 DW ALLING, SEASON7L, shall mean a dwelling used as a secondary place of residence for recreational purposes and not intended to be occupied ar a year-round permanent dwelling. 2.27 DWELLING, Sa"11-DETACHED, shall mean a building that is divided vertically into two 12) dwelling units each of which has an independent entrance either directly or through a common vestibule. '2.28 DWELLING, SIN GLE-FAIMILY 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 roods 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 I'A.":ILY, 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. 1. 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 Ps ea" shall not include the basement or cellar as a portion of the "Floor P.rea" 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 aas, 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 the horizontal plane through grade level anda 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 averaqe 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 ridnes 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 OCCUPA:'ION, 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 accomoaations of not less than six (6) guest rooms, which guest rooms contain no provisions for cooking, and all such buildinqs operating under The Liquor License 1970 and The Tourist Establisrment Act, P.S.O., 1970. 2.46 INSTITUTIOT�AL 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 YENNEL, W;IMAL, 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. 2.46 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 HEIGHT OF BUILDING DEFINITION H FROIJT RIDGE --- �-- E AVE 1010 _J 1 H F wiNT 1.1DE F4nGE F-4: F AVE H FPONT SIDE RIDGE �M H F RUNT SIDE Ril)GE RDOF DF C✓. I INE H I PONT SIDE RIDGE H all — -- i- F RONIT S IDE Flat Roof Gable Roof Hip Roof Gambrel Roof Mansard Roof One Slope Roof H- HEIGHT OF BUILDING NOTE: THE ABOVE ILILfwlRATION LS FOR CLARIFICATION AND CO+:vEn:E►rCE ONLY AND DOES NOT FORM PART OF THIS BY-LAW, 2.49 LOT, Shall mean a parcel of land, described in a deed or other document legally capable of conveying land or shown as a lo�t 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, COMER, 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 Doining 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 lonaer 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 e-_ual length, the front lot line shall be deemed to be the front lot line as established in the block by prior construction. - ly lie 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 4e 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. M 9 r SECTION 4 GENERF.L PROVISIO112 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 the permitted in any yard, in any zone, subject to 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; 4.2.6 shall not be built within two (2.0) metres of the main building except where a dwelling unit is a permitted accessory use; shall not be considered as an accessory building ,2.9 if attached to the main building in any way except where a dwelling unit is a permitted accessory use; 4.2.10 shall not be considered an accessory building if located completely underground. 4.3 CoMmERCIAL ACCESSORY USES t.,otwithstanding 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 corrs-tercial accessory use shall not exceed one hundred (100.0) square metres of floor area. 4.4 pWSIDEN`17 L 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 er,ployee 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 (Tuarters, or forty (40.0) square metres whichc .?;-)r 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 - L Z - 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 T-N.PORARY 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 dr-naer from fire or explosion. - 23 NOON -CONFORMING USES The provisions of this By-law shall not apply: 4.8.1 to prevent the use of any land, building o,r 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 Py-law and such building or structure is completed within a reasonable time after the erection is commenced. 4.9 1:014-COPSLIANCE WITH N.INIYUM LOT OR WARD PEOUIRE!�ETS 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. HAZARDOUS AREAS 4.11.1 Buildings and structi,res 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 ti4ne. P4.11.2 Where in this By-law a front, side or rear yard is required, and part of the area of the lot is covered by water or marsh for more than two months in the year, or is beyond the rim of a river bank or watercourse, or between the top and toe of a cliff or embankment having a slope of thirty (30) degrees or more from the horizontal, then the re- 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 CAJ%-iERS, MOTOR HON.-ErS OR TENTS 4.12.1 14o 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 carper, 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 MAI1: 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 may be developed for all uses in the appropriate zone provided that: 0 C� - 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 COPJ:ER LCT Notwithstanding any other provisions of this By- law, and except in a General Commercial (Cl) 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,l 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. _JJ 4.19 EETABLIFHED BUILDING LINT' ON FTREETS OR PO?:DS 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. 0 �I - 26 - i 4.20 USE OF YARDS ON LANDS WITHOUT -BUILDINGS Where land is used for or in connection with residential, commercial, industrial, or instit- utional uses but without any buildings or struc- tures thereon, all yards required by this By-law on a lot in the respective use zone shall be is 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 ?.O';ES No part of a yard or other open space required about any building for the purpose of corrplying 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 ENCROACHN_rT,TS IN YARDS Structure Every part of any yard required by this By-law shall be open and unobstructed by any structure from the around to the sky, provided, however, that those structures listed below shall be per- r�itted to project or encroach into the yards indicated for the distances specified where applicable: Permitted Yard Max. Projection 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 or only boundary wall or fence any yard -- lJ 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) FP.ONT 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 ( i f 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. it 10 • ILLUSTRATION OF YARD got DEFINITIONS s.s. A., A.- Building B u o.ld.inq B of A NA. NOTE: The Above Illuslial,on is for Clar4ocalion and ConvenernCO Only and does not form part of INIS Bylaw, SECTION 3 ZOTIES A14D ZONING FLAP 3.1 ESTABLISHXENT OF Z014ES 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 Rl 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 SYMPOLS The symbols listed in Subsection 3.1 shall be used to refer to land, buildings, and structures and the uses thereof permitted by this isy-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 APPLTCATION OF REG'_'L.A^_'TONS 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 .here 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 Naps are center street lines or lot lines and the production thereof; 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; ILLUSTRATION OF DEFINITIONS M.0 Pam of Flont Lot LD-►uMf Spfcdytl / n I,e By' Ls. / S,« lot L trle Stof Lai Line LCI F,on1w.* fAfa►urrO On Lire Per[Nro•cu ar to IM Lww do—ir. Po.nl OI Ft lot L.* In AI•f• o' ,t.a rl(l,f I"o' 0 riy Ire S.o' lot line Lot Frontage Lot Ftontepf WafureO on Ltry Per[.fno-c.4, to line Flom Lot L1r* J[rnrp 1601t0 poan1► of Fro^• ulo PRot knO keel LO' L•M _ F,on1 �� Dtttar Saeul- StOt LOI Llnt In I- pert 01 /,kel F+ea, lot lM Sof Lot Lev • Frontage u i 13�0 Lot Corner cane, Lai S ra'pnt S•oes Ffont Llnf 1 .o Fife, lot Life Lot Depth Front ant MIa• Lci L—" a,f f"61 Pa+ait., ' I ,nlovgln Lai 14 f r 101 Lai Cary Lot LOT Mtn P, Cl flo Lot Lit F p wC VY I M Sot Lrlt L ✓ws Lot Depth rt htl r LD I L" F t Owl LD t L trr kes, Lai Ltrlf _ _ Lot Depth Frtrc rC Fvv LCI L ~) f•t 11-6101 "' "", \ / 1 •nf) D' avn l rr o.q1 —c.7 rtev E urfrw•1r► d In- to lot L fie F t arm L of L 1M / ♦ v+ S of Lot L +If Lot Corner ar y CrLot Gro %u" \ NOTE: TF'E ABOVE ILLUeTRATVJNS .RE FOR CLARIFICATION AND CONVENIENCE ONLY AND DO NOT FORM PART OF THIS BY — L AW. so - 12 - b) Rear lot line shall mean the lot line farthest from or opposite to the front lot line. In the case of lots abvtti_ng 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. 0.56 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 BUILDING, shall mean the building in which is carried on the principle purpose for which the lot is used. 2.56 ►17*11N 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 P..S.O., 1970 as amended from time to time. 2.60 MOBILE HO::ESTAND, 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 11OBILE 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 accom.^nodation 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, k.5.0., 1970. - 13 2.64 N.10TOR HOME, shall mean a structure built en and made an 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, ar.bulances, 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 MO OR VEHICLE SERVICE ESTABLISH_"' -ENT, 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 NION-CONFORIMING, shall mean a use which is not a use permitted in the zone in which the said use is situated. 2.71 NON- RESIDENT II.L, 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 14URSING 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, GENER;rL, shall mean any building or part of a huilding 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, asserr.bly or storage of goods, or places cf 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 Or^:ER, shall mean the person who holds legal title to a piece of property. 2.79 PAPJ',11;G 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.B0 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 PARY.S 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 enDoyment, health and well-being of the people and normally open to the public. 2.82 PERl:ITTED, shall mean permitted by this By-law. 2.83 PEP.SON, shall include an individual, an association, a firm, a partnership, an incorporated corpany, 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. 4 PIT, shall mean any opening, quarrying, or excavation of or in the around for the purpose of removing soil, rock, sand, gravel, earth, clay, or limestone and the processing thereof for commercial purposes including r 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. *A5 PIT, WIYSIDE, shall mean a pit opened and used by a public road authority for the purposes of a particular road 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 co=ittee or local authority established by by-law of the Council. 2.87 P.ESIDENTIAL USE, m6ans 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 000ds 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 Durisdiction of a Board as defined by The Department of Education Act, R.S.O., 1970, as amenaed 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 ."r...-s (60) years of age or over. fl _ 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 to such r-entre line, to the nearest part of any building or structure on a lot. 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, JL%LF, shall mean the portion of a building lo- cated wholly or partly within a sloping rocf, 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, --hall mean a street or road under the jurisdiction of the Province of Ontario or the County of Elgin. 2.99 STP=T 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 1-.ct , P.. S . 0. , 1g70, as amended from time to time, wnere alconolic beverages are sold to be consumed on the premises. 2.102 TOURIST 1101-IE, 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. r�. 2.107 USE, (when used as a noun) shall mean the purpose for which any land, building or structure is designed, arrana_ed or intended to be occupied or used, or for which it is occupied, used or maintained. 27 - a - 4.23 PAPY.ING PEGULATIONS ZN ZONES • C1 4.23.1 All parking spaces in any residential zone shall be located 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 WTFERE A DP.IVEWAY IS RE7;;IRED TO SERVE A P?SIDENTIAL 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 PEPI',ITTED 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 with residential buildings of the type permitted in the Zone. 28 - -- 26 MOBILE HOMES PROHIEITED IN ALL ZOJ:ES I i It shall be prohibited to locate and use a mobile home in any zone for the purposes of residential, business, industrial or institutional uses, tempor- arily or permanently, unless the use of z mobile home for such purposes is listed specifically in this By-law as a permitted use within a particular use zone. • 4.27 OCCL'PAJ.CY 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 AP—EAS 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 reculations, all provisions of this By-law including the general reaulations 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 reculations 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 wit1Zin 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 - EC:'ION 11 INSTI;TUTIONAL ZONE (I) REGUI.A:'IONS 11.1 PEPMITTED USES Institutional uses including churches, schools, senior citizen homes, hospitals and government offices. 11.2 PEPUMITTED 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 11.4 11.5 11.6 Where municipal sanitary sewage disposal facilities and a piped municipal supply are available - 555.0 square metres. MINIMUM LOT FRONTAGE Where municipal sanitary sewage disposal and piped water supply facilities are available - 15.0 metres Otherwise - 20.0 metres MINIMUM LOT DEPTH 38.0 metres 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 H£IG11T 12.0 metres r 11.8 MINIMUM FRONT YARD 07V 1.0 aW metres 011.9* MINIMUM SIDE YARD I 4.0 metres' 1!11:IMUM 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 1 SE^_TIO11 12 INDUSTRIAL Z.014E (M) RECULATIONS 12.1 PEPMITTED USES 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 buildings accessory to the permitted uses dwelling unit or units in a portion of the non- residential building, in conformity with the floor space reaulations 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 PEP-MITTED BUILDINGS F.1:D STRUCTURES Buildings and structures for the permitted uses or accessory to the permitted use. 12.3 MINIMUM LOT AREA 12.4 12.5 Where municipal sanitary sewage disposal facilities and a piped municipal water supply are not available - 1,655.0 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 Y.I N I MUM LOT FRONTAGE where municipal sanitary sewage disposal facilities and a piped water supply are available - 25.0 metres Otherwise - 30.0 metres MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities and a piped municipal water supply are not available - 76.0 metres 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 MAXlyuM BUILDING COVERAGE 40 percent 12.7 pAyIMUM BUILDING HEIGHT 12.0 metres 12.8 MINIMUM FRONT YARD 9.0 metres 12.9 12.10 MINI!•:UM SIDE YARD 4.0 metres except where the use abuts a P.esidential or Park and Recreation Zone in which case the yard will be 7.0 metres MITI MUM PEAR 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 outsioe 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. 0 -)-J BY-LAW NO. J1-I?*, OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL Being a By-law respecting the issue of Taxi 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 revenue; AND WHEREAS THE Municipal Act provides a licencing poorer 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 those engaged in it; the Legislature has commonly fixed the maximun 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 consolidating existing Licencing By-laws into one document that confirms with current legislation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE toOF 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 corporate, or politic, or party, of 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) 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 of the trades, occupations, businesses 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 paidto 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 satified, as determined by the Village Clerk -Treasurer. 4. For a cab or taxi licence; $25.00; For a cab driver or taxi driver's licence; $10.00; 5 The Council hereby reserve the rights conferred upon it to revoke any licence granted under or by virtue of this By-law, at any time, without any reason therefor. 6. CAB OWNERS AND DRIVER DEFINITIONS (a) In this Subsection: (1) Village shall mean the municipality of the Village of Port Burwell. (2) Police shall mean the Ontario Provincial Police of the Village of Port Burwell. (3) "Corporation" shall mean the Corporation of the Village of Port Burwell. (4) "Licence" shall mean a licence issued by the Council, under the provisions of this By-law. (5) "Cab" shall mean a motor vehicle kept or used for hire for the conveyance of passengers, which vehicle has a seating capacity of not more than ten persons, but shall not include a bus, an ambulance, a funeral hearse or a snowmobile. DUTIES OF BY-LAW ENFORCEMENT OFFICER (b) (1) The By-law Enforcement Officer shall be charged with the enforcement of this by-law, and in connection there- with, shall do or cause to be done, the following: (a) Report to the Council whenever he shall be required by It so to do; (3) (b) Submit to the Council, applicantions for licences and all necessary reports pertaining thereto; (c) Make all necessary inquires on behalf of the Village with respect to suspension and revocation of licences, In connection with applicants for licences and to examine vehicles and equipment therefor, as is necessary prior to or after the issuance of a licence; • (d) FL-nish each person taking out a licence, pursuant to the provisions of this By-law, with a copy of the By-law; (e) Prosecute all persons who shall offend against all of the provisions of this By-iaw; (f) To authorize the issuance of licences by the Village Clerk upon presentation of evidence of payment of the required fees. LICENCE (1) Within the Village of Port Burwell no person shall; (a) Drive a cab without having a current valid licence so to do, issued under the provisions of this By-law and herein referred to as a driver's licence; (b) Keep a cab for hire without having a current valid licence so to Co, issued under the provisions of this By-law, and referred to herein as a cab owner's licence. (2) Any licence issugdu.nder this By-law shall be for the year commencing First, in which it is issued or the balance thereof, unless at the time of issue, the applicant holds a valid licence of the same type for; the balance of that year, in which case, the licence shall be for the next following year, commencing 1.13rch First. APPLICATIONS FOR LICENCE (1) Applications for licences shall be addressed to the Village Council and delivered to the Village Clerk together with such evidence or material as is required by this By-law. The Clerk shall submit each application and his report In respect thereto, to the Council. Unless the Council otherwise directs, every applicant for a driver's licence shall submit with his application, (a) Cab o►,ner's licence, if owner; (b) A letter from a cabovi.nar confirming that he will employ such applicants if the applicant As granted a driver's licence; (4) (c) Evidence that the applicant has the appropriate Provincial driver's licence; (d) A medical certificate certifying that the applicant has been tested within a month prior to the date of such application, and is found to be free of tuber- culosis; (e) A medical certificate certifying that the applicant has • had a Wassermen test within 1 month prior to the date of such application, and that the results of such test are negative; (f) A certified copy of a current valid policy of insurance, issued by a Company authorized to do business in Ontario, which insurance shall apply to the vehicle in respect of which the licence is applied for or held by the applicant, and shall indemnify and protect the owner and the public, including passengers carried in such vehicles and shall be in amount of $500,000.00, or such amount as the Council may from time to time approve by resolution, inclusive of public liability and property damage; (g) Proof of mechanical fitness of the vehicle from a licenced mechanic. REVOCATION OR SUSPENSION OF LICENCE (f) Licences may be refused or revoked by the Council in its discretion, and it shall not be bound to give any reason for refusing or revoling any licence. Notice of the revocation of any licence may be given by the Council by personal service or by ordinary post to the licensee mailed to the address on record given by the licensee to the Council and upon such notice, being given, the licence shall be revoked and of no further effect. QUALIFICATIONS go (g) (1) No person shall be licenced under the provisions of this By-law; (a) who has been convicted of any criminal offence or any breach of the Liquor Licence Act, while in the operation of a vehicle, until the Council has had placed before it, all facts pretaining thereto, and thereafter, author- ized the issuance of a licence; (b) who is under the age of eighteen years; (c) who is unable to speak, read and write the English language; (d) who applies to be licenced as an owner unless the cab (5) In respect of which the licence is to be Issued is registered and licenced for the then current year under the provisions of The Highwav Traffic Act of Ontario; SEPERATE LICENCE FOR EACH VEHICLE (h) Every owner of more than one cab required to be licenced under the provisions of this By-law, shall hold a • seperate licence for each cab, and no licence shall be transferable, provided, however, that whenever any licenced owner disposes of his vehicle and acquires another vehicle In its stead for use as a cab, he shall, hefore using the same as a cab submit the same to the By-law Enforcement Officer for inspection and approval and apply for and obtain a new licence to cover the newly acquired vehicle without the payment of any additional fee. TARIFF - RATES OR FARES (I) The rates or fares to be charged by the owners or drivers of cabs for the conveyance of passengers wholly within the Village of Port Burwell, or to any point not more than 4.miles beyond its limits, shall be in accordance with the following schedule; 1. RATES AND FARE Basic Rate --------------------------- $3.00 Basic Rate on Sundays ---------------- 40'4.00 Basic Rate from 12:00 midnight to 6:00 A.M. --------- $5.00 2. ADDITIONAL CHARGES WHERE APPROPRIATE Groceries ---------------------------- $1.00 Stops -------------------------------- $0.50 Deliveries --------------------------- $3.50 The above rates do not prevent the owner and a customer from entering into a contract, in writing, for services to extend for a fixed points at an agreed upon tariff or for a passenger to arrange for the use of the cab on a hourly basis. Upon request from a customer, the owner or driver of a cab shall be able to produce tariff card Illus- trating the most current rates or fares. DISPUTE OVER FARES (j) When a dispute arises,with a passenger as to the fare the driver or owner in charge of the cab may refer the same to the By-law Enforcement Officer, and if the (6) driver or owner was correct in the demand for fare made by him, he may add thereto an amount equal to the proper charge under tariff "C" for the distance travelled from the place where the dispute arose to the By-law Enforcement Officer. MAINTENANCE OF RECORDS (1) The driver of a cab shall keep a daily record (herein- after referred to as a "trip" record) of all trips made by him, and such record shall contain the follow- ing information; (A) The Provincial motor vehicle licence number of the cab owner's licence, issued under the provisions of this By-law. (b) The name, address and identification number of the driver. (c) The date, time and location of the beginning and termination of each trip, and number of passengers carried. (d) The amount of the fare collected for each trip; (e) Every driver who drives a cab of which he is not the owner shall, at the end of each day's tour of duty, deliver to the said daily record. (2) The owner who hires a driver for a cab shall check the daily trip record kept by the driver and shall require an entry for each trip recorded. The driver shall turn the copy of his trip record over to his employer with- out undue delay and not later than one hour after the end of his shift. (3) Every o►iner shdil retain the records referred to in this By-law for a period of time not less than twelve months; these records shall be open to inspection by any person authorized by the Council and may be removed and retained by the Council for a reasonable time. rGENERAL PROVISIONS (1) Every driver licenced under this By-law shall; (a) Make available his trip record and give full infor- mation thereof, to any Police Constable on being required so to do; (b) Keep the interior and exterior of his cab clean and in a state of good repair. Whenever the owner of any such cab or his driver is notified by any Police Con- stable of the Village that such vehicle is not so kept, stating briefly the items complained of, such owner shall, forthwith, put the same in a fit and proper condition and the By-law Enforcement Officer shall report his action to the Council. (7) (c) Upon request of any passenger, give In writing, his name, address, number of licence issued to him under the provisions if this By-law and the Provincial motor vehicle licence number of his cab; Upon request of any Police Constable of the Village, provide full infor- mation as to passengers carried; Punctually keep all his appointments and engagements and shall, while on duty, unless his cab has been previously engaged, serve at any place within Village, and at any specified time, whether by day or night, any person who may lawfully require his cab, and he shall not neglect to fulfill his appointments or engagements, except for reasons beyond his control; (2) No driver licenced under this By-law shall, while in charge of a cab; (a) Solicit any person to take or use his cab by calling out or shouting; the person wishing to use or engage a cab shall be left to choose without interruption o solicitation; (b) Be under the influence of any intoxicant or take, consume or have in his possession any intoxicant while In charge of a cab, nor shall the use thereof by him, be apparent while he is in charge of such vehicle; (c) Carry any passenger who is under the influence of any Intoxicant while his cab is occupied by a person who is not accompanying the person so under the influence; (d) Carry any person while on duty or subject to call, other than the person or persons employing his services; (e) Allow any immoral, indecent or disorderly conduct In his cab; (f) When his cab is not employed, prevent or hinder a person authorized by the Council from entering the same or at any time, prevent or hinder such person from entering his garage or other building for the purpose of inspecting such vehicle; (g) Smoke while a passenger is being carried by him without first asking for permission. (3) Every owner shall, in respect of every cab, for which he holds a licence under the provisions of this By-law; 9A) Submit his vehicle for examination prior to a licence being issued for the same, and at all other times aLl required by the Council; (b) Upon disposing of his vehicle, the owner shall, within forty-eight hours, attend at the office of the. Village Clerk . and surrender the licence held by him in respect of such cab; (8) (c) When employing a driver, notify the Council within forty-eight hours, thereafter that he has employed such driver, and when the said driver leaves his employ, notify the Council within forty-eight hours to such effect, giving the reasons therefor; (d) During the term of employment of any driver, retain In his possession the licence issued to such driver, • by the Council and return such licence to the driver within forty-eight hours of the time the driver leaves his employ unless otherwise directed by the Council. (4) No owner licenced under this By-law shall; (a) Employ any personother than a driver duly licenced under this By-law to operate his cab; (b) Permit any cab to be driven under the authority of a licence issued to him except that in respect of which the licence has been issued. SCOPE (m) This By-law shall apply to owners and drivers of cabs which cabs are kept or used for hire in the Village of Port Burwell. The tariff attached hereto and forming a part of this By-law shall apply for the use of cabs wholly within the s d municipality or to any point not more than miles beyond its limits. HEADINGS (n) The headings contained in this By-law are for conven- ience only and are not to be considered a part of this By-law and do not in any way limit or amplify the terms and provisions of this By-law. 7. Any By-laws inconsistent with the provisions of this By-law are hereby repealed. G 8. This By-law shall become effective and take force from the date of the final passing hereof. 9. If any provisions of this By-law is found by a court of cpmpetent jurisdiction to be ultra vires, such finding shall not affect the other provisions hereof. 10. Unless otherwise stated, any licence issued under this By-law sh 11 be �1 only from the date of its issue until of the year of its issue. 11. PENALTIES (1) Every person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction (9) and on conviction is liable to a fine of not less than $25.00 ar.d not more that $1,000.00, exclusive of costs and every such penalty is recoverable under the Pro- vincial 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. 12. This By-law shall come into force and take effect on the day following the final passing thereof. W MOVED BY ,may SECONDED BY ' C/ THAT by-law 87-15 be read a first time. Read and c cried. O _ MOVED BY SECONDED BY THAT by-law 87-1 be read a second time. Read and Carrie . MOVED BYA ,�� SECONDED BY THAT by-law 87-15 be read a third time. Read and carried. 0 u 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; 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 he 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 be changed to BY-LAW 125. BY-LAW 230 being a by-law for the Roads Expenditure shall remain. 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 he 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 he 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 mas Nesbitt, Reeve and second time t}is 27th day of September 1994. 70 L vi 'ree, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 27th day of September 1994. N esbitt, Reeve IV 0:: e - �"_ Davi Free, Administrator/Clerk-Treasurer