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HomeMy WebLinkAboutVienna By-Laws 1981 .,i; ,. ; Vienna Village '� , By ' '• Laws lhor • Oto, 411004011$1001 aigOla ;01: ow.10-' By-Laws #776- 780 1981 • . .rt • 0 0 • • 0 • I Th : iif • et• • g L ...Imo 1••••..1.11111.111.411 • 1 ("12 I ---- ' A - A • Fay 100 Ont.-72 VILLAGE OP VIENNA BY-LAW No. �. IJ = to authorize the oftMtJ borrowing $ 35 , 000 . 00 Whereas the Council of the Village of Vienna (hereinafter called the " Municipality") deems it necessary to borrow the sum of $ 35 , 000 . 00 to meet, until the taxes are collected , the current expenditures of the Municipality for the year ; Norx.—Refer And Whereas the total amount of the estimated revenues of the to the estimates coerartlieaLtirrentMunicipality as set forth in the estimates adopted for the year 19 , is pted; ` if not, to those of last year. (Delete this And Whereas the total of amounts heretofore borrowed for the purposes paragraph if not applicable.) mentioned in subsection ( 1) of Section 332 of The Municipal Act which have not been repaid is $ Therefore the Council of the of Vienna 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 CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate $35 , 000 . 00 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 upon 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 9th . (lay of April 19 81 •.• •0 .. ..N• THE HEAD OF THE MUNICIPALITY SEAL CLERK I hereby certify that the foregoing is a true copy of By-law No. 776 of the Village of Vienna in the Province of Ontario, duly passed 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 9 t h , day of Apr 1 1 , 19 81 As Witness the Seal of the Village of Vienna • Lz) SEAL •NMN. (■EI CLERK 16111MMEMEMMOMMEMMWWWMOMmilmminaiiiiiiiiiiiiiiik 1 VILLAGE OF VIENNA Zoning By-Law No. 777 ,tee, 1981 r I NOTICE OF APPLICATION to the Ontario Municipal Board by the Corporation of the Village of • Vienna for approval of a by-law to regulate land use passed pursuant to Section 35 of The Planning Act . TAKE NOTICE that the Council of the Corporation of the Village of Vienna intends to apply to the Ontario Municipal Board pursuant to the provisions of Section 35 of The Planning Act for approval of By-law No . 777 passed on the 9th . day of July , 1981 . A copy of the by-law is furnished herewith and a note giving an explanation of the purpose and effect of the by- law and stating the lands affected thereby is also furnished herewith . ANY PERSON INTERESTED MAY , within twenty-one ( 21 ) days after the date of this notice , send by registered mail or deliver to the Clerk of the Village of Vienna notice of objection to approval of the said by-law or any part thereof giving details of all or the portion of the by-law to which you object and detailed reasons therefor , and shall indicate tahd f aa hthearhring ho d suthpobjethce oobor catriong. ent will ANY PERSON wishing to support the application for approval of the by-law may within twenty-one ( 21 ) days after the date of this notice send by registered mail or deliver to the Clerk of the Village of Vienna notice of his support of approval of the said by-law together with a request for notice of any hearing that may be held giving also the name and address to whom such notice should be given . THE ONTARIO MUNICIPAL BOARD may approve of the said by- law but before doing so it may appoint a time and place when any objection to the by-law will be considered . Notice of any hearing that may be held will be given only to persons who have filed an objection or notice of support and who have left with or delivered to the Clerk undersigned , the address to which notice of hearing is to be sent and , similarly , to any person who has filed a request for a change in the provisions of the by-law . THE LAST DATE FOR FILING OBJECTIONS will be , 1981 . DATED this 9th . day of JULY , 1981 . Mrs . V . Van Belois Clerk-Treasurer Village of Vienna Box 160 Straffordville , Ontario NOJ 1Y0 EXPLANATORY NOTE BY-LAW NO . 777 VILLAGE OF VIENNA • By-law No . 777 is a comprehensive zoning by- law for the Village of Vienna . The By- law implements the Official Plan of the East Elgin Planning Area as it applies to the Village . The By- law regulates the use of all land , buildings and structures in Vienna . It authorizes the uses ( i . e : residential , commerical , industrial ) set out in the accompanying and attached schedule ( zone map) , and prohibits any use of land or the construction and use of buildings and structures not specifically authorized . Exceptions to this rule are limited to those uses lawfully in existence on the day the By- law was adopted to those uses the plans for which have been approved by the Village Council prior to the day of the passing of the By- law . In addition , the By- law also permits lots existing as of the date of passing of the By- law with less than the minimum lot area , lot frontage or lot depth to be developed for the uses specified in the appro- priate zone provided all other regulations in the By- law can be satisfied . All meansureznents in the By- law are in metric units . The abrreviation ' m ' represents metres , ' m2 ' represents square metres and ' ha ' represents hectares . Conversion tables are provided at the back of the By- law for convenience . A brief summary of the provisions of By- law No . 777 are provided below . Council urges you read the entire By- law and to note in • particular how it affects your property . Applications to amend the By- law may be made at any time . SUMMARY OF BY-LAW ZONE REGULATIONS AGRICULTURAL (A ) ZONE The A zone permits agricultural uses , existing residential uses , farm buildings and structures including one single family de- tached dwelling on one lot , home occupations and accessory uses . The minimum lot area in an agricultural zone is 10 hectares ( 25 acres ) with a minimum lot frontage of 150 metres ( 492 feet ) . The minimum floor area for a single family detached dwelling is 78 square metres ( 840 square feet ) . Maximum lot coverage for any structure in an A zone is 20 percent with a minimum front yard of 18 metres ( 60 feet ) , and a minimum rear yard of 15 • metres ( 49 feet ) . s residential accommodation or where the yard abuts a Residential or Parks and Open Space Zone . INDUSTRIAL ( M) ZONE The M Zone permits manufacturing and industrial operations ; • warehousing and storage uses ; automobile body shops ; offices and retail outlets related to the industrial operations carried on in the same building ; accessory buildings ; and 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 facilities and a piped municipal water supply or a communal water supply are not available is 1380 square metres ( 14 , 855 square feet ) . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available , the minimum lot area shall be 900 square metres ( 9690 square feet ) . Additional M Zone regulations include : minimum lot frontage 30 metres ( 98 feet ) ; where no municipal services are available and where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 23 metres ( 70 feet ) . Minimum lot depth is 46 metres ( 150 feet ) where no municipal services are available and 39 metres ( 128 feet ) where municipal water is available . Maximum building height is 12 metres ( 39 feet ) ; maximum lot coverage is 65 percent ; and the minimum front yard is 9 metres ( 30 feet ) . INSTITUTIONAL ( I ) ZONE All institutional uses including schools , clinics and hospitals , churches , libraries , government offices and convalescent homes are permitted in this zone . Minimum lot areas of 1380 square metres ( 14 , 855 square feet ) and 900 square metres ( 9 , 690 square feet ) are determined by the availability of municipal services in the same fashion as in commercial zones . Maximum building height is 12 metres ( 39 feet ) ; minimum lot frontage is 30 metres ( 98 feet ) without services and 23 metres ( 75 feet ) where munic- ipal water is available ; and maximum lot coverage is 40 percent . PARKS AND OPEN SPACE ( OS ) ZONE The OS Zone permits public or private parks , including playgrounds ; conservation areas ; picnic facilities ; public buildings , including a museum or exhibition arenas and areas or community halls ; public parking areas ; dwelling units for caretakers ; and accessory build- ings . Any buildings erected in a Park and Open Space ( OS ) Zone shall be set back a minimum distance of 7 . 5 metres ( 25 feet) from any lot line and shall not cover more than 20 percent of the area of the lot . RESIDENTIAL ( R1 ) ZONE The RIzone permits one single family detached dwelling on one lot ; home occupations ; and accessory uses . The minimum lot area for single family dwellings is 1380 square metres ( 14 , 855 square feet ) where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not • available , and , 810 square metres ( 8 , 700 square feet ) where sewage disposal facilities are not available but a piped municipal water supply or communal water supply is available . Maximum building coverage is 30 percent for all dwellings . The minimum lot frontage where a piped municipal water supply is available is 21 . 5 metres ( 70 feet ) and the minimum floor area is 80 square metres ( 860 square feet ) . CENTRAL COMMERCIAL ( C1 ) ZONE The Cl zone permits a full range of commercial uses including automobile service stations and sales establishments ; banks ; hotels , motels and taverns ; offices ; restaurants ; and retail stores . The minimum lot area for General Commercial uses is 1380 square metres ( 14 , 855 square feet ) where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or communal water supply is available the minimum lot size shall be 810 square metres ( 8 , 700 square feet ) . Minimum lot frontage is 20 metres ( 66 feet ) where a piped municipal water supply is available , with a maximum building coverage of 40 percent and a maximum building height of 12 metres ( 39 feet ) . No front yard is re- quired along the north side of Front Street between Main Street and King Street , but a 3 . 0 metre front yard is required along the south side of Front Street between Main and King . A 6 . 0 metre front yard is required in all other cases . The minimum side yard where the yard abuts a Residential or Parks and Open Space Zone shall be a minimum of 4 . 0 metres ( 13 feet ) , other- wise no side year shall be required . The minimum rear yard depth is 6 metres ( 20 feet ) . LOCAL COMMERCIAL (C2 ) Z ONE Permitted uses in the C2 Zone include a convenience plaza ; a neighbourhood retail or variety store or service shop ; an in- surance and real estate office ; a medical office or clinic ; an auction room ; an automobile service station or public garage ; a storage depot for a commercial trucking operation ; dwellings connected to and forming an integral part of the commercial building and provided with a separate access ; and buildings accessory to the foregoing uses . Regulations for minimum yard and lot areas are identical to those in the Central Commercial (C1 ) Zone with the following exceptions . Maximum building height is 6 metres ; minimum front yard is 7 . 5 metres ; and minimum rear yard is 6 metres where the yard abuts a Commercial or Industrial Zone , 10 metres where the building contains FUTURE DEVELOPMENT (FD) ZONE Permitted uses in the Future Development (FD ) Zone include existing buildings , structures and uses . The lot , yard and building regulations shall remain as they lawfully existed on the effective date of the passing of the By- law . Buildings may also be enlarged and accessory buildings may be erected subject to compliance with Section 4 of the By- law which outlines a number of general provisions . Maximum floor area of an accessory building shall be 18 . 5 square metres ( 60 square feet) and the maximum height of an accessory building shall be 4 metres ( 13 feet) . The Future Development Zone is intended to accommodate future development (and temporary uses connected therewith) by way of amendment to this By- law . HAZARD LAND (H) ZONE The H Zone permits any outdoor recreation use , including public and private parks and golf courses ; conservation activities , wildlife areas and forestry ; and agriculture and horticultural nurseries . Buildings and structures , except those necessary for flood prevention and control , are prohibited in the H Zone . A number of special use regulations have also been provided for the H Zone in order to accommodate existing and proposed re- sidential , commercial , institutional and industrial land uses on lots serviced by the municipal water supply and providing the structures have no openings below the minimum elevation of 179 . 8 metres ( 590 feet) Canadian Geodetic Datum . • 4 I TABLE OF CONTENTS • SECTION PAGE NO . 1 . INTERPRETATION AND ADMINISTRATION 1 2 . DEFINITIONS 5 3 . ZONES AND ZONE MAP 22 4 . GENERAL PROVISIONS 24 5 . AGRICULTURAL (A) ZONE REGULATIONS 34 6 . RESIDENTIAL ( R1 ) ZONE REGULATIONS 36 7 . CENTRAL COMMERCIAL (C1 ) ZONE REGULATIONS 38 8 . LOCAL COMMERCIAL (C2 ) ZONE REGULATIONS 41 9 . INDUSTRIAL (M) ZONE REGULATIONS 44 10 . INSTITUTIONAL ( I ) ZONE REGULATIONS 46 • 11 . PARKS AND OPEN SPACE (OS ) ZONE REGULATIONS 48 12 . FUTURE DEVELOPMENT (FD ) ZONE REGULATIONS 49 13 . HAZARD LAND (H ) ZONE REGULATIONS 50 Schedule A Schedule A-1 Conversion Tables • 4 - 1 - BY-LAW NO . RESTRICTED AREA BY-LAW VILLAGE OF VIENNA A By-law to regulate the use of land , the character , loca- tion and use of buildings and structures in the Village of Vienna . WHEREAS the Council of the Corporation of the Village of Vienna deems it expedient to implement the Official Plan of the East Elgin Planning Area ; and WHEREAS authority is granted under Section 35 of The Plan- inE Act , R. S . O . , 1970 , subject to the approval of the Ontario Municipal Board , to pass this By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS : SECTION 1 INTERPRETATION & ADMINISTRATION 1 . 1 SHORT TITLE • This By- law shall be known as the " Zoning By-law" of the Corporation of the Village of Vienna . 1 . 2 APPLICATION The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the Village of Vienna 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 Vienna except in con- .. formity with the provisions of this By-law . 1 . 4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law , they are held to be the minimum requirements for the promotion of the health , safety , comfort , convenience , and general welfare of the inhabitants of the Municipality . 4 - 2 - 1 . 5 MEANING OF USE Unless the zontext 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 mandatory . 1 . 7 NUMBER AND GENDER In this By-law , unless the contrary intention appears otherwise , words imparting the singular number or the masculine gender only shall include more persons , parties or things of the same kind than one , and females as well as males , and the converse . 1 . 8 ADMINISTRATION This By-law shall be administered by the Building ' Inspector 'or such other person as the Council of the Village of Vienna designates . 1 . 9 APPLICATION FOR BUILDING PERMITS 1 . 9 . 1 In addition to all other requirements of the Ontario Building Code or any other building code or building by-law, every applicant for a building permit shall file with his application a plan , in duplicate , drawn to scale , in metrics , showing the true dimensions of the lot proposed to be built upon or otherwise developed , the proposed location , grade or height and dimensions of the building or work in respect of which the permit is applied for and the location on such lot of every existing building , together with a statement , signed by the owner , disclosing the exact use proposed for each building aforesaid and give all information necessary to determine whether or not such building and the proposed use thereof conform with the requirements of this By- law . 1 . 9 . 2 Where any Ontario fill , construction and alterations to waterways regulations are in effect , a permit form the Conservation Authority having jurisdiction is required prior to any construction or filling taking place . ' 4 - 3 - 1 . 10 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 , residen- tial 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 . 11 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 . 12 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 77#75m time to time . 1 . 13 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 Plannin Act , R . S . O . , 1970 , as amended from t me to time . 1 . 14 REPEAL OF EXISTING BY-LAWS All previous by-laws passed by the Municipality under Section 35 of The Planning Act , R . S . O . , 1970 or a predecessor thereof are hereby repealed except to the same extent that any of the said by-laws prohibit the use of any land , building , or structure for a purpose that is also prohibited by this By-law . - 4 - 1 . 15 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 . 16 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 . 17 EFFECTIVE DATE This By-law shall , upon approval of the Ontario Municipal Board , come into full force and effect as of the date of passing hereof . 1 . 18 INSPECTION OF PREMISES The Building Inspector or any employee of the Municipality acting under his direction may , at any reasonable time , enter and inspect a property or premises where there is a reason to believe that any land or building is being used , or any building or structure has been erected , altered , or enlarged so as to cause a violation of any of the provisions of this By-law . 5 - SECTION 2 DEFINITIONS 2 . 1 ACCESSORY , shall mean a use , a building or structure that is normally incidental , subordinate and exclusively devoted to a main use , building , or structure and that is located on the same lot . 2 . 2 ACCESSORY LIVING QUARTERS , shall mean living quarters within an accessory building located on the same premises as the main building for the sole use of persons employed on the premises or members of the family of the occupant of the main building , such dwelling unit having no kitchen facilities and not rented or otherwise used as a separate dwelling ;Init . 2 . 3 AGRICULTURAL USE , shall mean general farming and without limiting the generality of the foregoing shall include the raising and harvesting of field , bush , tree or vine crops , truck gardening , nurseries , greenhouses , and the sale of produce grown on the farm from which the sale is made but excludes livestock farming , mushroom farming , or the sale of such products raised on the subject premises . 2 . 4 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 dimen- sions of such building or structure or to change the type of construction of the exterior walls or • roof thereof . When used in reference to a lot , the word " alter" means to decrease the width , depth , or area thereof or to decrease the width , depth , or area of any requi wed 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 alienation of any portion of said lot , or otherwise . 2 . 5 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 common with an adjacent building or buildings . 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 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 . • - 6 - 2 . 7 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 . 8 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 the adjacent finished grade around the exterior of a dwelling . 2 . 9 BOARDING HOUSE , ROOMING HOUSE , or TOURIST HOME , shall mean any house or building or portion thereof in which the proprietor resides and supplies , for hire or gain to more than two persons , lodging and/or meals , but shall not include a hotel , motel hospital , home for the young or the aged, or insti- tution , or restaurant accommodating the general public 2 . 10 BUILDING , shall include any structure whether temporary or permanent , used or intended for sheltering any use or occupancy but shall not include a boundary wall , fence , travel trailer , camping trailer , truck camper , motor home , or tent 2 . 11 BUILDING AREA , shall mean the area of a lot within which permitted buildings or other structures may be erected , used , and maintained . 2 . 12 BULK SALES ESTABLISHMENT , shall mean the use of land , buildings , or structures for the purpose of buying and selling building materials , ice , and allied chemicals but does not include any manufacturing , assembling , or processing uses . 2 . 13 BUILDING INSPECTOR , shall mean the officer or employee of the Municipality for the time being charged with the duty of enforcing the provisions of this By- law . 2 . 14 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 structure which may be erected . Where the lot line is a curve , the same shall apply . 7 2 . 15 BUILDING LINE , ESTABLISHED , a building line shall be considered to be established between existing buildings where at lease 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 . 16 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 . 17 CELLAR , shall mean that portion of a building between two floor levels which is partly or wholly under- ground btit which has more than one-half of its height from finished floor to ceiling below adjacent finished grade around the exterior of a dwelling . 2 . 18 CEMETERY , shall mean land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried . 2 . 19 CHURCH , shall mean a building dedicated to religious worship and may include a church hall , church auditorium , Sunday school , parish hall , or church day nursery . • 2 . 20 CLINIC , shall mean any building or portion thereof containing two or more offices used or intended for use for any of the purposes of medical , dental or veterinary practice , and without limiting the generality of the foregoing includes the offices or consulting rooms of members of the medical or dental professions . 2 . 21 CLINIC , ANIMAL , shall mean any building used or intended to be used for the purpose of a vete- rinarian practice . 2 . 22 CLUB , shall mean a building used or intended to be used as a meeting place for the members of an organization , association , fraternal order , or similar type group , not operated for profit and wherein athletic facilities , dining rooms , and beverage rooms may or may not be provided . 2 . 23 CONTRACTOR ' S YARD OR SHOP , shall mean any land , building or structure used for the purpose of storing plant equipment and material or for per- forming shop work or assembly work by any building trade or other contractor . - 8 - 2 . 24 CONVENIENCE PLAZA , shall mean a group of not more than four ( 4 ) convenience stores located adjacent to one another under one roof with separate entrances , all of which front on an improved street or road which provide off- street parking . 2 . 25 COVERAGE , shall mean in the case of a residential building 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 ( but not including an outdoor 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 struc- tures erected or permitted to be erected on the lot ( but not including an outdoor swimming pool ) measured at the level of the lowest storey above grade , including in both cases all porches , verandahs , balconies , steps , cornices , eaves , bay windows , chimneys but excluding uncovered terraces . 2 . 26 DAY NURSERY , shall mean a day nursery within the meaning of The Day Nurseries Act , R . S . O . , 1970 as amended from time to time . 2 . 27 DRY CLEANING ESTABLISHMENT , shall mean a building , or part thereof , in which the business of dry cleaning , " dye drying " , cleaning , or pressing of articles or goods of fabric is carried on , in which only non-combustible and non- inflammable solvents • are used , which emits no odours , fumes , noise , or vibration causing a nuisance or inconvenience within or outside the premises . A dry cleaning establishment may include a self-service dry cleaning establishment . 2 . 28 DWELLING , shall mean a building , occupied or capable of being occupied exclusively as a home , residence or sleeping place by one or more per- sons , but shall not include hotels , boarding houses , rooming houses , motels , institutions , mobile homes , caretaker quarters or similar accessory living quarters . 2 . 29 DWELLING , APARTMENT , shall mean a dwelling , con- sisting of four or more dwelling units which have a common entrance from the street level and the occupants of which have the right to use , in common , halls and/or stairs and/or elevators and yards . g _ 2 . 30 DWELLING , BACHELOR , shall mean a dwelling unit without a separate bedroom , providing therein living , sleeping , eating , food preparation and sanitary facilities for one or two adults . Other essential facilities and services may be shared with ether dwelling units ] 2 . 31 DWELLING , CONVERTED , shall mean a dwelling originally designed as a single family dwelling unit , which because 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 . 32 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 . 33 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 . 34 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 . 35 DWELLING , SINGLE-FAMILY DETACHED , shall mean a building designed , intended and/or used for occupancy by not more than one family . 2 . 36 DWELLING , TOWNHOUSE , shall mean a dwelling that is divided vertically into three or more dwelling units , each of which has independent entrances , to a front and rear yard immediately abutting the front and rear walls of each dwelling unit . 2 . 37 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 . 38 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 or from a common hallway or stairway inside the building . - 10 - 2 . 39 ERECT , shall include build , construct , recon- struct , econ- struct , 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 . 40 EXISTING , shall mean existing as of the date of the passing of this By- law . 2 . 41 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 and not more than two ( 2 ) persons who receive their lodging and/or board for compensation , exclusive of domestic help , occupying a dwelling unit . 2 . 42 FARM , shall mean a lot , held for the purpose of agricultural use , together with or without its dependent buildings including one single- family detached dwelling with private garage , one mobile home or dwelling as supplementary housing to the farm operation , barns , sheds , pens and similar accessory buildings except that in areas where buildings and structures are prohibited such use shall refer only to the land . 2 . 43 FLOOR AREA , shall mean the sum of the areas of all floors of a building measured from the outside of all exterior walls exclusive of any attic , base- ment , garage , verandah , porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons , and excluding any floor area with a ceiling height of less than two ( 2 . 0 ) metres . 2 . 44 FLOOR AREA , COMMERCIAL , shall mean the sum of the areas of all floors of a building or part thereof used for commercial purposes measured between the internal faces of the exterior walls , excluding the furnace-room , laundry-room , or washroom , stairwell or elevator shaft , or any area designed or used permanently for storage space . 2 . 45 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 , terrace , verandah , open or enclosed porch or sunroom , unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons . - 11 - 2 . 46 FORESTRY USE , shall mean the general raising and harvesting of wood and without limiting the gene- rality of the foregoing includes the raising and cutting of fuel wood , pulp wood , lumber , Christmas • trees , and other forest products . 2 . 47 FUNERAL HOME , shall mean a building where prepara- tion of the dead human body for interment or cremation is undertaken . 2 . 48 GARAGE , PRIVATE , or CARPORT , shall mean a building or portion of a building designed and used for the storage of not more than three ( 3 ) private motor vehicles and the storage of household equipment incidental to residential occupancy , wherein no service for profit is rendered ; and where such structure is within two ( 2 . 0 ) metres of the main building , it shall be deemed to be part of the main building and not an accessory building . 2 . 49 GARAGE , PUBLIC , shall mean a building or structure other than a private garage where motor vehicles are kept or stored for remuneration or repair including the complete repair to motor vehicle bodies , ' frames , or motors , and the painting , upholstering , washing , cleaning of such vehicles , and may include a motor vehicle service establish- ment , but does not include an automatic car washing establishment , or a motor vehicle sales lot . 2 . 50 GOLF COURSE , shall mean a public or private area operated for the purpose of playing golf including a par 3 golf course but excluding driving ranges , miniature golf courses , or combinations thereof . 2 . 51 GRADE , shall mean : a ) for a building adjoining one street only , the elevation of the sidewalk at the centre of that wall adjoining the street , provided the sidewalk is higher than the crown of the street or road ; b ) for a building adjoining more than one street , the average of the elevation of the sidewalk at the centre of all walls adjoining the streets , provided the sidewalk is higher than the crown of the street or road ; c ) Where the crown of the street or road is higher than the sidewalk , the elevation of the crown at the centre of the wall or walls shall be • used to determine the grade . 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 , or if a building has no walls adjoining the street , the grade shall be determined by the Building Inspector . Em 12 - 2 . 52 HEIGHT , when used with reference to a building or structure shall mean the vertical distance between the horizontal plane through grade level and a horizontal 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 , between the ridge and the eaves , 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 rooftype not mentioned in sub- sections a ) and b ) immediately preceding . The height regulations shall not apply to any ornamental dome , skylight , chimney , tower , storage silo , elevator enclosure , flag pole or antennae , cupola , steeple , or church spire . 2 . 53 HOME OCCUPATION , shall mean an occupation for gain or support conducted entirely within a dwelling as a secondary 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 . 54 HOME OCCUPATION , AGRICULTURAL , shall mean an occupation for gain or support , associated with an agricultural use , which serves agricultural uses , and which is conducted by only members of the family residing on the premises . 2 . 55 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 accommoda- tion of not less than six ( 6 ) guest rooms , which guest rooms contain no provisions for cooking , and all such buildings operating under The Liquor License Act , R . S . O . , 1970 and The Tourist Estab- lishments Act , R . S . O . , 1970 . 2 . 56 INDUSTRIAL USE , GENERAL , shall mean the use of land , buildings or structures for the purpose of manufacturing , assembling , preparing , inspecting , ornamenting , finishing , treating , altering , repairing , warehousing , storing , or adapting for sale of any goods , substance , article or thing , including the storage of building and construction equipment and materials , but not including any obnoxious industry , mine , pit , quarry or oil well . ILLUSTRATION OF BUILDING HEIGHT DEFINITION • __________ . H • - _ _ 1 • Flat Roof AtesiArt• FROM RIDGE • I EAVE H _ _ 1 _ Gable Roof FRONT. SIOE • RIDGE flsib 1312 •••••••1221 • F1 . _ _ . _ Hip Roof FRONT � SHOE RIDGE I1}21 I EAVE ' H _ _ 1 _ Gambrel Roof FRONT SHOE RIDGE _ ROOF DECK LINE4.4111111111111111111111116. All11111M 1 AllIEMIKA • H . ____ _ _ .� _ Mansard Roof FRONT SIDE t RIDGE EAvE H _ _ �. _ . . One Slope Roof . f� SCE 1-1-HEIGHT OF BUILDING NpTE: THE ABOVE ILL UST RATION tS FOR CLARIFICATION AND CONVENIENCE ONLY ANO DOES NOT FORM PART OF THIS BY- CAW. - 13 - 2 . 57 INDUSTRIAL USE , LIGHT , shall mean the manufac- turing , assembly or processing of component parts to produce finished products suitable for retail or service trade but does not include food , beverage , tobacco , rubber , leather , textile and knitting , wood , printing , metal fabricating or similar industries if these operations involve stamping presses , furnaces , machinery , or the emission of any air , noise or water pollution , that can be smelled , heard or otherwise perceived outside of the building . 2 . 58 INSTITUTIONAL USE , shall mean the use of land , buildings or other structures for some public or social purpose but not for commercial purposes . These uses may include governmental , religious , educational , charitable , philanthropic , or other similar but non-commercial uses and notwithstanding the generality of the foregoing institutional uses may include : schools , churches , municipal offices , post offices , hospitals , and libraries . 2 . 59 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 , raised , boarded , trained , or sold and which may offer provisions for minor medical treatment . 2 . 60 LANE , shall mean a public thoroughfare which affords only a secondary means of access to abutting lots and is not intended to be used for through traffic movements . 2 . 61 LAUNDRY ESTABLISHMENT , shall mean a building , or part thereof , in which the business of a laundry is conducted on the ground floor , in which only water and detergent are used , and the drying , ironing , and finishing of such goods r are conducted , which emits no odours , fumes , noise or vibration causing a nuisance or inconvenience within or outside the premises . A laundry establishment may include a self-service , coin operated laundromat . 2 . 62 LIVESTOCK , shall mean farm animals kept for use , for propogation or intended for profit and without limiting the generality of the foregoing , includes dairy and beef cattle , horses , swine , sheep , laying hens , chicken and turkey broilers , turkeys , goats , ducks , geese , mink , and rabbits , but excludes animals raised or housed as pets for recreational or hobby purposes . 14 - 2 . 63 LOADING SPACE , shall mean a space or bay located on a lot which is used or intended to be used for the temporary 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 an unobstructed access to a street or lane . 2 . 64 LOT , shall mean a parcel of land , described in a registered deed or other document legally capable of conveying land or shown as a lot or block on a registered plan of subdivision including any of its parts which are subject to a right-of-easement but does not include a lot or a block on a regi - stered plan of subdivision which has been deemed not to be a registered plan of subdivision by a by- law duly passed pursuant to The Planning Act , R . S . O . , 1970 , as amended from time to time . 2 . 65 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 . 66 LOT , CORNER , shall mean a lot situated at the intersection of and abutting upon two ( 2 ) •streets • which intersect at an angle of not more than one hundred and thirty- five ( 13 5 ) degrees . 2 . 67 LOT DEPTH , shall mean the horizontal distance between the front and rear lot lines . If these lines are not parallel , it shall be the length of a line joining the mid-points of the front and rear lot lines . When there is no rear lot line , lot depth means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines . 2 . 68 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 to the line joining the centre of the front and the centre of the rear lot lines at a point six ( 6 . 0 ) metres back from the front lot line , and where such lot lines meet , the lot frontage shall be measured perpendicularly to the line joining the apex of the triangle formed by the side lot lines at a point six ( 6 . 0 ) metres back from the front lot line . ILLUSTRATION OF. L 0 T . . .• ! . a .... .. . . ..„,....., . . / . Mid Pont of ' Front Line •• rft A • • I Mid Point of , iill Front Lot line ' Distance Specified ' o' 0 in t!►t Sy. Law I 1 ♦ Md Point of I Side Lot Line Rear ..ot Line t 1 off F ,� id 1Depth t lot l Side Lot Line Front and Rear Lot lye* of Triangle LotLoFrontageMeasured on Lina Lines are not Parallelror Deno to the Line Joining by the Side Lot tires the Mid Point of Front Lot Line Lot Depth to Ape: of Triangle Formed by the Side Lot Line `� No Rear Lot line Lot ron a e ,� i �4 Lot Frontage Measured on ./(1 • Line Perpendicular to Lint s / •foir+rq tr1rd Points of Front Front Lroe UnS td Rear lot LineI Through Lot Front Lot Line i i Mid Point d • � � s tN Front Lot t.. Interior Interior rI Lot Lot Ren lot SOecitsed • lint _.. M the Side Lot Line ' Corner Corner" t ey.L Lot �''� i s d point of OP,. ` ,Rear Lot Line Lot / : DeDth FrOrt and Rear Lot I Lines are Parallel � Side Lot LineI Lot - Frontage ... Lot Lines are not Paratlet LW Frontage Tangents to greet Illir#/ L mes Or awn Try oa,gh net Extremities of ' Interior Lot Line • Front La Lino ` ��r• St* Lot Line ill - am — l_ — Cornet Corner ` Lot Cor M L a . Cur red Same \ . Corner • • Caner Lot. Straight Sides • NOTE : THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND CONVENIENCE ONLY AND 00 NOT FORM PART OF THtS BY- LAW. st Mb _ 0 _0 . . _ • . - 15 - 2 . 69 LOT INTERIOR , shall mean a lot other than a corner lot . 2 . 70 LOT LINES , shall mean the boundary lines of a lot defined as follows : a ) Front lot lines shall mean , except in the case of a corner lot , 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 shorter boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite longer boundary shall be deemed to 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 estab- lished in the block by prior construction . b ) Rear lot line shall mean the lot line farthest from or opposite to the front lot line . In the case of lots abutting streets on more than two sides , the 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 . 71 LOT , THROUGH , shall mean a lot bounded on two opposite sides by streets . Provided , however , that if any lot qualifies as being both a corner lot and a through lot as hereinbefore defined , such lot shall be conclusively deemed to be a corner lot . Y 2 . 72 MAIN BUILDING , shall mean the building designed or used for the principle use on the lot . 2 . 73 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 . 74 MOBILE HOME , shall be defined according to the provisions of Section 35C ( l ) ( a ) of The Planning Act R . S . O . , - 1970 as amended from time to time . - 16 - 2 . 75 MOBILE HOMESTAND , shall mean that part of a Mobile Home Lot which is reserved for the placement of a mobile home . 2 . 76 MOBILE HOME LOT , 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 . 78 MOTEL , shall mean one building , or two ( 2 ) or more detached buildings for the purpose 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 Estab- lishments Act , R . S . O . , 1970 . 2 . 79 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 . 80 MOTOR VEHICLE , shall mean a wheeled self -propelling vehicle for the transportation of passengers and goods and without limiting the generality of the foregoing includes automobiles , trucks , buses , ambulances , hearses , motor homes and tractors . 2 . 81 MOTOR VEHICLE SALES ESTABLISHMENT , shall mean a parking lot , building or lot , or part thereof , 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 . 82 MOTOR VEHICLE SERVICE ESTABLISHMENT , shall mean - a building , or part of a building , or a clearly defined space on a lot where gasoline , oil , grease , antifreeze , tires , tubes , tire acces- sories , 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 . 17 - 2 . 83 MUNICIPALITY , shall mean the Corporation of the Village of Vienna . 2 . 84 NON-COMPLYING , shall mean that which does not conform , comply or agree with the regulations of P this By-law as of the date of passing thereof . 2 . 85 NON-CONFORMING , shall mean a use , which is not a useP ermitted in the zone in which the said use is situated . 2 . 86 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 . 87 NURSING HOME or REST HOME , shall mean a building in which the proprietor supplies for hire orgain gg 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 . 88 OCCUPANCY , shall mean to reside in as owner or tenant on a permanent or temporary basis . 2 . 89 OFFICE , GENERAL , shall mean any building or part of a building in which one or more persons are employed in the management , direction or con- ducting of an agency , business , labour , or fra- ternal organizations but excludes such uses as retail sale , manufacture , assembly or storage of goods ,, or places of assembly and amusement . 2 . 90 OFFICEe PROFESSIONAL , shall mean any office used by professionally qualified persons , for the purposes of giving advice , consultation or treat- ment to clients or patients . 2 . 91 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 . 92 OWNER, shall mean the person who holds legal title to a piece of property . 2 . 93 PARKING LOT , shall mean an area provided for the temporary parking of two or more motor vehicles � Y parking spaces and related and may include aisles , p g P entrance and exit lanes , but shall not include any part of a public street . AM - 18 - 2 . 94 PARKING SPACE , shall mean an area enclosed in a principal building , in an accessory building , or unenclosed , having a minimum width not less than three ( 3 . 0 ) metres , a minimum length not less than six ( 6 . 0 ) metres , and a minimum area of not less than eighteen ( 18 . 0 ) square metres , exclusive of aisles or driveways and accessible to a street or lane and set aside for the purpose - of the temporary parking of a motor vehicle . 2 . 95 PARK , PRIVATE , shall mean a park not open to the general public and may be operated for commercial gain . 2 . 96 PARK , PUBLIC , shall mean an area of open land , maintained or owned by the Municipality or a public authority for the enjoyment , health and well-being of the public and normally open to the public . 2 . 97 PERMITTED , shall mean permitted by this By- law . 2 . 98 PERSON , shall include an individual , an associa- tion , a firm , a partnership , an incorporated company , municipal corporation , agent or trustee and their heirs , executors , or other legal repre- sentatives of a person to whom the context of this By- law can apply according to law . 2 . 99 PIT , shall include a quarry , sand or gravel pit , oil well or gas well and means any opening or excavation in or working of the ground for the purpose of removal of mineral , soil , rock , quartz , limestone , earth , clay , sand , gravel or natural resource , but does not include a well intended for private or municipal water supply . 2 . 100 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 . 101 PUBLIC AUTHORITY , shall mean any school board , public utility commission , transportation com- mission , public library board , board of parks management , board of health , board of commis- sioners 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 munici- pality or a portion thereof , and includes any committee or local authority established by by- law of the Council of the Municipality . - 19 - 2 . 102 RESIDENTIAL USE , means the use of a building or structure or parts thereof as a dwelling . 2 . 103 RETAIL STORE , shall mean a store or shop within which is conducted the selling or buying of goods or the providing of a service primarily to or from the general public , and offices , servicing , manufacturing , repairing , warehousing or storage accessory thereto and may include motor vehicle accessories stores , bake shops , general merchan- dise , food stores , furniture stores , variety stores , clothing stores , hairdressers , banks , restaurants , and snack bars , but shall not include an animal clinic , a vehicle sales establishment , a motor vehicle service establishment , a motel , or a public garage . 2 . 104 SCHOOL , shall mean any school established and maintained by the Elgin County Board of Education , or the Elgin County RC Separate School Board . 2 . 105 SCHOOL , PRIVATE , shall mean an educational or training establishment which is not under the jurisdiction of a Board as defined in The De art- ment of Education Act , R . S . O . , 1970 , as amen ed from time to time . 2 . 106 . 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 used for persons sixty years of age or over . 2 . 107 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 . 108 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 . 2 . 109 SHOPPING CENTRE , shall mean a building or group of buildings planned , designed , developed , and managed as a commercial unit having off-street • parking provided on the site , and which building or buildings contain one or more retail stores . 2 . 110 SIGN , shall mean a name , identification , descrip- tion , device , display , or illustration which is affixed to , or represented directly or indirectly upon a building , structure or lot and which directs attention to an object , product , place , activity , person , institution , organization or business . 20 _ 2 . 111 STOREY , FIRST , shall mean the lowest storey of a building excluding the basement . 2 . 112 STOREY , HALF , shall mean the portion of a building located 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 two ( 2 . 0 ) metres over an area equal to at least fifty ( 50 ) percent of the area of the floor next below . 2 . 113 STREET or ROAD , shall mean a public highway as de ined by The Municipal Act , R . S . Q . 1970 . 2 . 114 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 . 115 STRUCTURE , shall mean any material , object , 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 . 116 TAVERN , shall mean an establishment operating under The Liquor License Act , R . S . O . , 1970 , where alcoholic beverages are sold to be consumed on the premises . 2 . 117 TOURIST HOME , refer to the definition of Boarding House . 2 . 118 TRAVEL TRAILER , shall mean any vehicle including a camping trailer , so constructed that it is suit- able 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 . 119 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 . 2 . 120 USE , (when used as a noun ) shall mean the purpose Y617 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 . - 21 - 2 . 121 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 . 122 YARD , shall mean an open space on the same lot with a main building or structure , unoccupied and unobstructed except as otherwise provided in this By- law . a ) FRONT YARD , shall mean a yard extending across the full width of the lot between the front lot line and the nearest wall of the main building on such lot . The depth of any front yard shall be deemed to be the perpendicular distance measured in a horizontal plane between a point in the front lot line and the nearest part of the main building or structure . b ) REAR YARD , shall mean a yard extending across the full width of the lot between the rear lot line and the nearest wall of the main building on such lot . The depth of any rear yard shall be deemed to be the perpendicular distance measured in a horizontal plane between a point in the rear lot line and the nearest part of the main building or structure . c ) SIDE YARD , shall mean a yard between a building or structure and the side lot line extending from the front yard or front lot line ( if no front yard is required ) to the rear yard or rear lot line ( if no rear yard is required ) . The depth of any side yard shall be deemed to be the perpendicular 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 DEFINITIONS i... t•1 D.p lb .../ , 1 Lot I A••• LW &Jew 11Pllfs..t _ !kw ,.lr AIL 1g... rail ' sew Pose .f Ve law Vert •t •1 - 7 ------ - - -- - T - L - _�_�Nom. mm._•_•_.......r -. ,ti`s"' �"""_ \ moi_ #�iif**' 't' �' � ,):A 1 alk ‘:%% \*)4.t°k1 ;,* :� Building ; i .11.1. i Building ,; I• w.......t ,� I IAIMAI I • 1� Smile si•..'•••• Sod N 'A' I s... �... #'.11 8 I r v �`�•XI 1809.“.• 1 • I - 'w I tr"is" 1 ,.'%%.% NA)`,›N\VX411/4 &.4 ,-.,,,,ec‘4%4*. I tIdI& 4 I i .-- i I -...- -tve 1 N s,4 I I I ^ N4144,..i.t\t•'• .0?..X....V• I I , 1.,.0...,,,,.., „ %, . 4 #felel rat.. g _ L L . _ _ ....1 _ _ _ —+T - — �• �T — 1 _ — 0+0.4,..... 11••.....4 /,M, v•;• l.."/ 1. EA'i . 114"4"1"114"4"1"..Ar S•1 Seca V.,. •t I• •1 -a /'•... r.ti s.. k• 1 f J1 j r smifl tow M 01,0061 LM t.wf ........... .. _L. . C.A1.01...• •S S1..•1 NOTE : The Above Illustration is for Clarification and Convenience Only and does not form part of this By. law. .4 .. _. w. • . - 22 - SECTION 3 ZONES AND ZONE MAP 3 . 1 ESTABLISHMENT OF ZONES For the purposes of this By- law , the maps hereto annexed as Schedules " A" and "Al " shall be referred to as the " Zoning Maps " for the Village of Vienna and the zoning maps may be divided into the following zones : ZONE SYMBOL Agricultural A Residential R1 Central Commercial Cl Local Commercial C2 Industrial M Institutional I Parks and Open Space OS Future Development FD Hazard Lands H 3 . 2 USE OF ZONE SYMBOLS The symbols listed in Section 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 , preceeded by any of the said symbols , such zones shall mean a►ny area within the Village of Vienna delineated on the zoning map and desig- nated thereon by the said symbol . 3 . 3 APPLICATION OF REGULATIONS No person shall within any of the zones of the municipality use any land or erect , build , construct , reconstruct , 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 : • 3 . 4 . 1 unless otherwise shown , the boundary of the zones as shown on the zoning map are the centre lines of the road allowance , or lanes , or lot lines and the projection thereof ; 3 . 4 . 2 where zone boundaries are indicated as approxi- mately following lot lines shown on a registered plan of subdivision , such lot lines shall be deemed to be the said boundary ; - 23 - 3 . 4 . 3 where zone boundaries are indicated as approxi- mately parallel to the line of any street and the distance from such street is not indicated , such tone boundaries shall be construed as being parallel to such street and the distance therefrom shall be determined by the use of the scale shown on the zoning map ; • 3 . 4 . 4 unless otherwise indicated , a street , lane , railroad or railway right-of-way , or watercourse included on the zoning map , is included within the zone of the adjoining property on either side thereof ; and where such street , lane , right-of- way , or watercourse serves as a boundary between two or more different zones , a line midway in such street , lane , right-of way , or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones unless specifically indicated otherwise . 3 . 4 . 5 in the event a dedicated street , lane , or right- of-way shown on the map is closed , the property formerly in said street , lane , or right-of-way shall be included within the zone of the adjoining property on either side of the said closed street , lane , right-of-way , and the zone boundary shall be the former centre line of said closed street , lane , or right-of-way . 3 . 4 . 6 where any zone boundary is left uncertain after application of the preceding provisions , then the boundary line shall be determined according to the • scale on Schedules "A" and "Al to this Bylaw . - 24 - 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 no accessory building or use : 4 . 2 . 1 shall be used for human habitation , except where a dwelling unit is a permitted accessory use ; 4 . 2 . 2 shall 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 be located in the front yard or the exterior side yard , in the case of a corner lot ; 4 . 2 . 4 shall be built closer to the street than the main building is to that street ; 4 . 2 . 5 shall 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 exceed six ( 6 ) percent coverage of the total lot area ; 4 . 2 . 7 shall exceed six ( 6 . 0 ) metres in height or contain more than two storeys ; 4 . 2 . 8 shall be built within two ( 2 . 0 ) metres of the main building except where a dwelling unit is a per- mitted accessory use ; • 4 . 2 . 9 shall 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 ; - 2 5 4 . 2 . 10 shall 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 accessory 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 4 . 4 . 1 Notwithstanding any other provisions of this By- law , where a dwelling unit is permitted as an accessory use in an industrial zone , it shall be erected within the main building , shall have a minimum floor area of forty ( 40 . 0 ) square metres , and shall be designed , used , or intended to be used for the exclusive use of a caretaker or security guard . 4 . 4 . 2 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 , have a minimum floor area of forty ( 40 . 0 ) square metres , be above or in the rear of the main commercial use , 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 outside storage of materials , con- tainers , or finished products ; 4 . 5 . 2 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 . 3 there is no equipment used , the operation of which would result in any undue noise , fumes , dust , or odour escaping to any adjoining use . - 26 - 4 . 5 . 4 there is no external display or advertisement other than a sign of a maximum size of one half ( 0 . 5 ) square metre . 4 . 5 . 5 does not occupy more than 25 percent of the total floor area of the dwelling unit including basement ares 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 pupil is instructed at a time , the office for a trade such as a painter or 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 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 . - 27 - 4 . 7 . 3 no land , building or structure shall be used in the municipality for the industrial manufacture of coal oil , rock oil , fuel oil , burning fluid gas , naptha , benzene , gasoline , dynamite , dualene , nitroglycerine , gun powder , petroleum and petroleum liquid material which is likely to create danger to health , or danger from fire or explosion . 4 . 7 . 4 no land , building or structure shall be used for the purposes of an animal kennel in the municipality or for the raising of livestock or for the growing of mushrooms . 4 . 7 . 5 no land , building or structure shall be used for the purposes of a pit or quarry in a residential , commercial , industrial , institutional , open space and parks , future development , or hazard land zone . 4 . 8 NON-CONFORMING USES The provisions of this By- law shall not apply : 4 . 8 . 1 to prevent the use of any land , building or struc- ture for any purpose prohibited by this By- law if such land , building or structure was lawfully used for such purpose on the effective date so long as it continues to be used for that purpose ; or 4 . 8 . 2 to prevent the erection or use for a purpose prohibited by this By- law of any building or structure the plans for which have , prior to the day of the passing of the By- law , been approved by the Building Inspector , so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or struc- ture is commenced within two years after the day of the passing of the By- law and such building or structure is completed within a reasonable time after the erection is commenced . 4 . 9 NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS Where a building has been erected prior to the effective date on a lot having less than the minimum frontage and/or area , or having less than the minimum setback and/or side yard and/or rear yard required by this By- law , the said building may be used , enlarged , reconstructed , repaired or renovated provided that : 4 . 9 . 1 the use , enlargement , reconstruction , repair or renovation does not further reduce a front yard and/or side yard and/or rear yard having less than the minimum required by this By- law , and 4 . 9 . 2 all other applicable provisions of this By- law are complied with . 4 . 10 EXISTING LOTS a- 28 - Notwithstanding any other provisions of this By- law , existing lots with less than the required lot area or, lot frontage may be developed for a use specified in the appropriate zone provided all other regulations of the By- law are satisfied . 4 . 11 HAZARDOUS AREAS 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 Conserva- tion Authorities Act , R . S . O . , 1970 as amended from time to t ime . 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 required 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 water- course , or to the top of the said cliff or embankment . 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 . - 29 - 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 Notwithstanding any other provisions of this By- law , existing lots with less than the required lot area , lot frontage , or lot depth may be developed for the uses specified in the zone in which they are situate and the following provisons shall apply : a ) sewage disposal facilities meet the approval of the Ontario Ministry of the Environment and the local medical officer of health . b ) all other requirements of this By- law are satisfied . 4 . 16 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 . 17 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 eighteen ( 18 ..0 ) metres from the centreline or the required front yard depth or side yard depth of the zone in which the building or structure is erected , whichever is the greater . - 30 - 4 . 18 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 . 4 . 19 USE OF YARDS ONE 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 maintanined 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 . 20 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 , 21 PERMITTED ENCROACHMENTS IN YARDS Every part of any yard required by this By- law shall be open and unobstructed by any structure from the ground to the sky , provided , however , that those structures listed below shall be per- mitted to project or encroach into the yards indicated for the distances specified where applicable : - 31 - Max . Projection Structure Permitted Yard from Main Wall window sills , belt courses , cornices , eaves , gutters , chimneys , or pilasters any yard 0 . 5 metre fire escapes and exterior staircases rear yard only 1 . 5 metres bay windows and awnings front , rear and 1 . 0 metre exterior side yards only boundary wall or fence any yard -- 4 . 22 PARKING REGULATIONS IN RESIDENTIAL ZONES 4 . 22 . 1 No motor vehicle shall be parked or stored in any residential zone other than a private passenger automobile , a motor home , travel trailer , or truck camper , or in the case of a commercial motor vehicle as provided for in Section 4 . 22 . 2 of this By-law . • 4 . 22 . 2 -No commercial motor vehicle , having a capacity of greater than 1000 kilos , shall be parked or stored in a residential zone . 4 . 22 . 3 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 . 23 DRIVEWAY REGULATIONS WHERE A DRIVEWAY IS REQUIRED TO SERVE A RESIDENTIAL USE 4 . 23 . 1 The maximum width of a driveway , measured along the sidewalk , where such exists , and along the street line shall be nine ( 9 . 0 ) metres . 4 . 23 . 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 . 23 . 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 . 23 . 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 . - 32 - 4 . 24 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 or structure 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 . 4 . 25 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 . _ 4 . 26 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS No new building shall be occupied before the main side walls and roof have been erected and the ex- ternal siding and roofing have been completed , and sanitary conveniences installed and , where applicable , kitchen and heating facilities have been installed . 4 . 27 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 , - 33 - a ) If the special regulations are different from the corresponding regulations of this By- law , including the general regulations applicable to the zone within which the defined area is located , the special regula- tions shall supercede and prevail over such corresponding regulations of this By- law ; b ) If the special regulations establish one or more specifically permitted uses of the defined area , such permitted use or uses shall be the only purpose or purposes for which the defined area may be used , and c } If the special regulations specifically permit one or more uses in addition to those otherwise permitted in the zone within which the defined area is located , any and all of the other special regulations applicable to the defined area shall apply only to the additional permitted use or uses and not to uses otherwise permitted in the zone . - 34 - SECTION 5 AGRICULTURAL (A) ZONE REGULATIONS 5 . 1 PERMITTED USES a ) agricultural uses b ) farm buildings and structures including • a single family detached dwelling c ) existing residential uses d ) forestry uses e ) horticultural nurseries and commercial greenhouses f ) pits and quarries g ) home occupations and agricultural home occupations h ) accessory uses 5 . 2 PROHIBITED USES • Any livestock agricultural uses including feedlots , piggeries , poultry farms , mushroom farms , dog kennels , and farms for the raising of horses , mink , rabbits , goats and sheep shall be prohibited . 5 . 3 PERMITTED BUILDINGS AND STRUCTURES a ) agricultural buildings and structures including one ( 1 ) one-family detached dwelling accessory thereto b ) existing single-family detached dwellings c ) accessory buildings in connection with the permitted uses 5 . 4 MINIMUM LOT AREA a ) 10 . 0 hectares for permitted agricultural uses b ) 1 , 855 . 0 square metres for permitted residential uses 5 . 5 MINIMUM LOT FRONTAGE a ) 150 . 0 metres for permitted agricultural uses b ) 30 . 0 metres for permitted residential uses 35 _ 5 . 6 MINIMUM LOT DEPTH 60 . 0 metres for permitted residential uses 5 . 7 MINIMUM FLOOR AREA OF DWELLINGS 80 . 0 square metres for a single- family detached dwelling 5 . 8 MAXIMUM BUILDING COVERAGE 20 percent 5 . 9 MINIMUM FRONT YARD 18 . 0 metres 5 . 10 MINIMUM SIDE YARD 6 . 0 metres 5 . 11 MINIMUM REAR YARD 15 . 0 metres • - 36 - • SECTION 6 RESIDENTIAL ( R1 ) ZONE REGULATIONS 6 . 1 PERMITTED USES a ) residential uses b ) home occupations c ) accessory uses 6 . 2 PERMITTED BUILDINGS AND STRUCTURES a ) one single- family detached dwelling on one lot b) accessory buildings and structures for the permitted uses 6 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 , 380 . 0 square metres . Where municipal sanitary sewage disposal facilities • are not available but a piped municipal water supply or a communal water supply is available - 750 . 0 square metres . 6 . 4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 30 . 0 metres ( 98 . 4 ft . ) . Where only a piped municipal or communal water supply is available - 20 . 0 metres ( 65 . 6 ft . ) . 6 . 5 MINIMUM LOT DEPTH s Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 46 . 0 metres . Where only a piped municipal or communal water supply is available - 37 . 5 metres . 6 . 6 MAXIMUM BUILDING COVERAGE • 30 percent 6 . 7 MINIMUM FLOOR AREA 80 . 0 square metres - 37 - 6 . 8 MINIMUM FRONT YARD 7 . 0 metres 6 . 9 MINIMUM SIDE YARD a ) Where a garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above the first storey on each side of the combined building . b ) Where no garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building . c ) On a corner lot , the side yard abutting a public street shall be a minimum of 3 . 5 metres and the side yard on the other side of the main building shall be a minimum of 1 . 5 metres . 6 . 10 MINIMUM REAR YARD 7 . 0 metres 6 . 11 REGULATIONS FOR ACCESSORY BUILDINGS a ) Except as provided in paragraph b ) of this clause , no accessory building shall be located within 1 . 5 metres of a side or rear lot line . b ) Notwithstanding the provisions of paragraph a ) , no accessory building shall be located within 6 . 0 metres of a public street . c ) Maximum Height - 3 . 5 metres d ) Maximum Floor Area - 18 . 5 square metres , 9ei f wti - 36 - fi641 SECTION 6 RESIDENTIAL ( R1 ) ZONE REGULATIONS 6 . 1 PERMITTED USES leSQQ a ) residential uses ,%time b ) home occupations c ) accessory uses 6.. 2 PERMITTED BUILDINGS AND STRUCTURES a ) one single-family detached dwelling on one lot b ) accessory buildings and structures for the permitted uses 6 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 , 380 . 0 square metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 810 . 0 square metres.. 6 . 4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 30 . 0 metres . Where only a piped municipal or communal water supply is available - 21 . 5 metres . 6 . 5 MINIMUM LOT DEPTH Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 46 . 0 metres . Where only a piped municipal or communal water supply is available - 37 . 5 metres . 6 . 6 MAXIMUM BUILDING COVERAGE 30 percent 6 . 7 MINIMUM FLOOR AREA 80 . 0 square metres - 37 - 6 . 8 MINIMUM FRONT YARD 7 . 0 metres 6 . 9 MINIMUM SIDE YARD a ) Where a garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above the first storey on each side of the combined building . b ) Where no garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building . c ) On a corner lot , the side yard abutting a public street shall be a minimum of 3 . 5 metres and the side yard on the other side of the main building shall be a minimum of 1 . 5 metres . 6 . 10 MINIMUM REAR YARD 7 . 0 metres 6 . 11 REGULATIONS FOR ACCESSORY BUILDINGS a ) Except as provided in paragraph b ) of this clause , no accessory building shall be located within 1 . 5 metres of a side or rear lot line . b ) Notwithstanding the provisions of paragraph a ) , no accessory building shall be located within 6 . 0 metres of a public street . c ) Maximum Height - 3 . 5 metres d ) Maximum Floor Area - 18 . 5 square metres _ 38 - SECTION 7 CENTRAL COMMERCIAL ( Cl ) ZONE REGULATIONS 7 . 1 PERMITTED USES Automobile service stations , automobile and accessory sales rooms , new and used automobile lots ,/ public garages and automobile repair shops , automobile rental and taxi establishments , but not including automobile body shops . Auctioneer ' s premises . Banks and other financial institutions . Barber shops and beauty parlours . Bus Station . Bakeries . Convenience Plaza . Farm equipment sales and service outlets . Funeral homes or undertaking establishments . Hotels , motels , taverns . Laundry and dry-cleaning establishments . Newspaper offices and plants or printing establishments . Offices ( commercial and professional ) . Public and private hospitals and nursing homes and small animal clinics . Recreation and entertainment establishments . Restaurants or snack bars . Retail stores or service shops not engaged in manufacturing on the premises unless such manufacturing is incidental to such retail business , does not exceed fifty ( 5 0 ) percent of the total floor area of the establishment and the products manufactured are primarily for sale at retail on the premises . Tourist homes and boarding and rooming houses connected to and forming an integral part of the commercial building and located over the first storey commercial use . - 39 _ Residential uses connected to and forming an integral part of the commercial building and located over the first storey commercial use , to a maximum of two storeys Above the permitted commercial use except that , residential uses will not be permitted within a building that contains a public garage or an automobile service station . Buildings accessory to the foregoing uses . 7 . 2 PERMITTED BUILDINGS AND STRUCTURES a ) Buildings and structures for the permitted uses . b ) Accessory buildings and structures for the permitted uses . 7 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or communal water supply are not available - 1380 . 0 square metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 810 . 0 square metres . 7 . 4 MINIMUM LOT FRONTAGE a ) Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 24 . 0 metres . b ) Where only a piped municipal or communal water supply is available - 20 . 0 metris . 7 . 5 MINIMUM LOT DEPTH a ) Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 57 . 5 metres . b ) Where only a piped municipal or communal water supply is available - 40 . 0 metres . 7 . 6 MAXIMUM BUILDING COVERAGE • 40 percent 7 . 7 MAXIMUM BUILDING HEIGHT 12 . 0 metres - 40 - 7 . 8 MINIMUM FRONT YARD a ) 3 . 0 metres along the south side of Front Street between Main Street and King Street . b ) no front yard is required along the north side of . Front Street between Main Street and King Street . c ) 6 . 0 metres for all other cases . 7 . 9 MINIMUM SIDE YARD Where the yard abuts a Residential or Parks and Open Space Zone 4 . 0 metres , otherwise no side yard shall be required . 7 . 10 MINIMUM REAR YARD 6 . 0 metres 7 . 11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMITTED IN SECTION 7 . 1 a ) Minimum Lot Area Per Dwelling Unit : 460 . 0 square metres minimum in addition to the requirements established in Section 7 . 3 b ) Floor Area Type of Dwelling Minimum Floor Area Bachelor Unit 45 . 0 square metres One-bedroom Unit 55 . 0 square metres Two or more bedrooms 70 . 0 square metres One single-family dwelling 80 . 0 square metres - 41 - SECTION 8 LOCAL COMMERCIAL (C2 ) ZONE REGULATIONS 8 . 1 PERMITTED USES a convenience plaza • a neighbourhood retail or variety store or service shop an insurance and real estate office a medical office or clinic • an auction room an automobile service station or public garage a storage depot for a commerical trucking operation dwellings connected to and forming an integral part of the commercial building and provided with a separate access , except that residential uses will not be permitted within a building that contains an automobile service station or public garage . buildings accessory to the foregoing uses 8 . 2 PERMITTED BUILDINGS AND STRUCTURES a ) Buildings and structures for the permitted uses . b ) Accessory buildings and structures for the • . permitted uses . 8 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped water supply or a communal water supply are not available - 1 , 380 square metres Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 810 . 0 square metres . 8 . 4 MINIMUM LOT FRONTAGE Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 24 . 0 metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 20 . 0 metres . - 42 - 8 . 5 MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 57 . 5 metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 40 . 0 metres . 8 . 6 MAXIMUM BUILDING COVERAGE 40 percent . 8 . 7 MAXIMUM BUILDING HEIGHT 6 . 0 metres . 8 . 8 MINIMUM FRONT YARD 7 . 5 metres . 8 . 9 MINIMUM SIDE YARD 4 . 0 metres . 8 . 10 MINIMUM REAR YARD a ) Where the yard abuts a Commercial or Industrial Zone : 6 . 0 metres . b ) Where the building contains residential accommodation : 10 . 0 metres . c ) Where the yard abuts a Residential or Parks and Open Space Zone : 10 . 0 metres . 8 . 11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMITTED IN SECTION 8 . 1 a ) Lot Area per Dwelling Unit 460 . 0 square metres minimum in addition to the requirements established in Section 8 . 3 . b ) Floor Area Type of Dwelling Minimum Floor Area Bachelor Unit 45 . 0 square metres One-bedroom Unit 55 . 0 square metres Two or more bedrooms 70 . 0 square metres - 43 - 8 . 12 VEHICLE STORAGE In a Local Commercial ( C2 ) Zone , any person who conducts a commercial undertaking in which commer- • cial vehicles are stored on the premises shall provide and use for the storage of such vehicles an enclosed building that is designed , constructed and maintained in general harmony with the commer- cial buildings and the residential buildings in and around the Local Commercial Zone . 8 . 13 SHOPPING CENTRES PROHIBITED Shopping Centres are not permitted in the local Commercial Zone ( C2 ) . - 44 - SECTION 9 INDUSTRIAL (M) ZONE REGULATIONS 9 , 1 PERMITTED 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 dwelling unit or units in a portion of the non- residential building , in conformity with the floor space regulations for an R1 Zone , for one care- taker or one person and his family employed in the manufacturing and industrial operations or uses permitted in this subsection . 9 . 2 PERMITTED BUILDINGS AND STRUCTURES a ) Buildings and structures for the permitted uses . b ) Accessory buildings and structures for the permitted uses . 9 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 , 380 . 0 square metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 900 . 0 square metres . 9 . 4 MINIMUM LOT FRONTAGE Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 30 . 0 metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 2 3 . 0' metres . • • - 45 - 9 . 5 MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 46 . 0 metres , • Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 39 . 0 metres . 9 . 6 MAXIMUM LOT COVERAGE 65 percent 9 . 7 MAXIMUM BUILDING HEIGHT 12 . 0 metres 9 . 8 MINIMUM FRONT YARD 9 . 0 metres 9 . 9 MINIMUM SIDE YARD 4 . 0 metres except where the use abuts a Residen- tial or Park and Recreation Zone in whch case the yard will be 7 . 0 metres . 9 , 10 MINIMUM REAR YARD 7 . 0 metres except where the use abuts a Residen- tial or Parks and Open Space Zone in which case the yard shall be 10 . 0 metres . 9 . 11 STORAGE a ) No storage shall be permitted outside the building or buildings on the lot until a fence of a minimum 1 . 5 metres in height is erected and maintained at all times around the area of the lot to be used for storage . b ) No storage shall be permitted outside the building or buildings on the lot in the front yard , or in a side or rear yard which fronts , is opposite to , or abuts a Residential or Parks and Open Space Zone . - 46 - SECTION 10 INSTITUTIONAL ( I ) ZONE REGULATIONS 10 . 1 PERMITTED USES Institutional uses including churches , schools , and librairies ; clinics , hospitals and convalescent homes ; government offices and accessory uses . • 10 . 2 PERMITTED BUILDINGS AND STRUCTURES a ) Buildings and structures for the permitted uses . b) Accessory buildings and structures for the permitted uses . 10 . 3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 , 380 . 0 square metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 900 . 0 square metres . 10 . 4 MINIMUM LOT FRONTAGE Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 30 . 0 metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 23 . 0 metres . 10 . 5 MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 46 . 0 metres . Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 39 . 0 metres . 10 . 6 MAXIMUM LOT COVERAGE 40 percent 10 . 7 MAXIMUM BUILDING HEIGHT 12 . 0 metres - 47 10 . 8 MINIMUM FRONT YARD Ten and one-half ( 10 . 5 ) metres except that where the lot fronts onto a King ' s Highway and any con- necting links or concession roads , it shall be eighteen ( 18 . 0 ) metres from the property line of the said- road . 10 . 9 MINIMUM SIDE YARD 6 . 0 metres 10 . 10 MINIMUM REAR YARD 4 . 0 metres a • - 48 - SECTION 11 PARKS AND OPEN SPACE (OS ) ZONE REGULATIONS 11 . 1 PERMITTED USES public or private parks , including playgrounds conservation area , picnic facilities public buildings , including a museum or exhibition arenas and areas or community halls parking area (public ) dwelling unit for a caretaker or an essential workman whose presence on the premises is necessary at all times buildings and uses accessory to the above uses 11 . 2 REGULATIONS FOR BUILDINGS Any building erected in a Parks and Open Space (OS ) Zone shall be set back a minimum distance of 7 . 5 metres from any lot line and shall not cover more than twenty ( 2 0 ) percent of the area of the lot . - 49 - SECTION 12 FUTURE DEVELOPMENT ZONE ( FD ) REGULATIONS 12 . 1 PERMITTED USES a ) existing buildings , structures and uses b ) buildings , structures and uses accessory to , the permitted uses 12 . 2 SITE AND BUILDING REGULATIONS a ) The minimum lot area and frontage , the minimum front , side and rear yard depths , the maximum lot coverage and building height , shall remain as they lawfully existed on the effective date of the passing of this By- law . b ) The foregoing shall not apply to prevent the enlargement of dwellings or the erection of buildings accessory thereto subject to com- pliance with the regulations in Section 4 . 2 . 12 . 3 REGULATIONS FOR ACCESSORY BUILDINGS Notwithstanding the regulations in Section 4 . 2 , the following regulations shall apply : a ) The maximum floor area of an accessory building shall be 18 . 5 square metres . b ) The maximum height of an accessory building shall be 4 . 0 metres . - 50 - SECTION 13 HAZARD LAND ( H ) ZONE REGULATIONS 13 . 1 GENERAL USE REGULATIONS 13 . 1 . 1 PERMITTED USES • Any' outdoor recreation use , including public and private parks and golf courses ; conservation activities , wildlife areas and forestry ; agriculture and horticultural nurseries . 13 . 1 . 2 PROHIBITED BUILDINGS Buildings and structures , except those necessary for flood prevention and control , are prohibited . 13 . 2 SPECIAL USE REGULATIONS The special regulations contained in this subsection 13 . 2 shall apply to the areas defined below : 13 . 2 . 1 13 . 2 . 1 . 1 DEFINED AREA H-R1 as shown on Schedule " A- 1 " to this By- law . 13 . 2 . 1 . 2 OTHER PERMITTED USES s Residential uses , home occupations and accessory uses in addition to all other uses permitted in the H Zone . 13 . 2 . 1 . 3 PERMITTED BUILDINGS AND STRUCTURES a ) one single- family detached dwelling on one lot b ) accessory buildings and structures for the permitted uses 13 . 2 . 1 . 4 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 810 . 0 square metres . 13 . 2 . 1 . 5 MINIMUM LOT FRONTAGE Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 21 . 5 metres . 13 . 2 . 1 . 6 MINIMUM LOT DEPTH Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 37 . 5 metres . - 51 - 13 . 2 . 1 . 7 MAXIMUM BUILDING COVERAGE 30 percent 13 . 2 . 1 . 8 MINIMUM FLOOR AREA 80 . 0 square metres 13 . 2 . 1 . 9 MINIMUM FRONT YARD 7 . 0 metres 13 . 2 . 1 . 10 MINIMUM SIDE YARD a ) Where a garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above the first storey on each side of the combined building . b ) Where no garage or carport is attached , the minimum width shall be 1 . 5 metres plus 0 . 5 metres for each additional or partial storey above . the first storey on one side of the main building and a minimum of 3 . 0 metres on the other side of the main building . c ) On a corner lot , the side yard abutting a public street shall be a minimum of 3 . 5 metres and the side yard on the other side of the main building shall be a minimum of 1 . 5 metres . 13 . 2 . 1 . 11 MINIMUM REAR YARD 7 . 0 metres 13 . 2 . 1 . 12 REGULATIONS FOR ACCESSORY BUILDINGS a ) Except as provided in paragraph b) of this clause , no accessory building shall be located within 1 . 5 metres of a side or rear lot line . b ) Notwithstanding the provisions of paragraph a ) , no accessory building shall be located within 6 . 0 metres of a public street . c ) Maximum Height - 3 . 5 metres d ) Maximum Floor Area - 18 . 5 square metres 13 . 2 . 1 . 12 BUILDING REGULATIONS No building may be erected , enlarged , extended , reconstructed or built with openings below the minimum elevation of 179 . 8 metres ( 590 feet ) Canadian Geodetic Datum . - 52 - 13 . 2 . 2 13 . 2 . 2 . 1 DEFINED AREA H-Cl as shown on Sechedule "A-1 " to . this By-law . 13 . 2 . 2 . 2 OTHER PERMITTED USES i Existing commercial uses in addition to all other uses permitted in the H Zone . 13 . 2 . 2 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES The existing buildings and structures . 13 . 2 . 2 . 4 BUILDING REGULATIONS No building may be erected , enlarged , extended , reconstructed or built with openings below the minimum elevation of 179 . 8 metres ( 590 feet) Canadian Geodetic Datum . 13 . 2 . 3 13 . 2 . 3 . 1 DEFINED AREA H-I as shown on Schedule "A-1 " to this By-law . 13 . 2 . 3 . 2 OTHER PERMITTED USES Existing institutional uses in addition to all other uses permitted in the H Zone . 13 . 2 . 3 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES The existing buildings and structures . 13 . 2 . 3 . 4 BUILDING REGULATIONS No building may be erected , enlarged , extended , reconstructed or built with openings below the minimum elevation of 179 . 8 metres ( 590 feet) Canadian Geodetic Datum . 13 . 2 . 4 13 . 2 . 4 . 1 DEFINED AREA H-M as shown on Schedule "A- 1 " to this By-law . 13 . 2 . 4 . 2 OTHER PERMITTED USES Industrial uses in addition to all other uses permitted in the H Zone . - 53 - 13 . 2 . 4 . 3 OTHER PERMITTED BUILDINGS AND STRUCTURES Buildings and Structures for the permitted uses . 13 . 2 . 4 . 4 BUILDING REGULATIONS No building may be erected , enlarged , extended , reconstructed or built with openings below the minimum elevation of 179 . 8 metres ( 590 feet ) Canadian Geodetic Datum . Read a FIRST time this 9th . day of July , 1981 Read a SECOND time this 9th . day of July , 1981 Read a THIRD time and passed this 9th day of July , 1981 ec-• A Reeve Clerk • • 4 l $ F , VILLAGE OF VIENNA ,,,i .. , SCHEDULE "A" A A 1 1 1111111 WI 00-014:7:::::17s, 0,A1 loirmi „ ,_-- *. 111 ‘----: 2 W H ti i ilia MEI 'ice !s� VI. Aillimill Eig tint . • 5,,.. ___ ,, imili-"-M1171_711_1 maw E _ - iii. III H-R1 . ,--'°-.---. 11,7 i' 1 ,f;;;:tzt la Sr' t' '' i '.1 -m. ,4:,.: ,iapi - - ' 101111111r. itia!ro _._ ___ 4 ;.--. -. fisemo...„Lie iii ., IFF. , A -,„ -- i :,....... A--- --� �� MI RI Maki sow' �{ ,4-- i IsIF- 6 govii 1 :r i ral'S ----4----- ITI. ii1 � - � isti r Taw° �"ti JM i . 1 ---„ 1 1 w ,...- . ,. iiigi ill ___ II 1 - Ell 1 - • ---- . law Si LI._ 11%NLIIIIN L....-. ____1„....-itros -4- ‘ 41--, - li° A IL- Ili 111 E . _.klirt tr, .•Is --, °441411 ir ie .\ Er- ott-).• sio f .....4-, 114: Iwo. . . . . , . ” V ... , % 1 ,,, agis _. ,, " I ••.:.--- - ' . ,,,u# , .: . 1 [--- lb tqjSee ;. Schedule "A - 1" v - - °r4. IA I f 1 4. I 1 1 1 .. Iv1 0 1400 FEET " a0 ! yAt.%_, j i r T„ :e►r: METERS r. Ii I ' Z / , '''''.-- ' ..- A �.4 A AGRICULTURAL '''.*% -::. Nii:,..7 44. 7' 0 RI RESIDENTIAL -V k i / i 1 el 7- 1.1 .P / �'� - Cl CENTRAL "" 7: COMMERCIAL This is Schedule A to By- law No . 777 ;;s'° C2 LOCAL COMMERCIAL passed the 9th day71.1;ofM INDUSTRIAL July , 1981 . I INSTITUTIONAL ,./ e-je evek OS PARKS $ OPEN SPACE � r F D FUTURE DEVELOPMENT C erk HAZARD LANDS % I -, t VILLAGE OF VIENNA Township of Bayha. SCHEDULE "A -1" IfRI i ,- - See libliki. \ lo Schedule "A' • EE3 .4‘ Will - ac 1.,. 00 ti-• ....._ Q 4 ioto ....-.5° Cr- - IIIII EZ gig gig See Schedule NA" Si4 e . 1110Vs°M1 W.I (---r2 • ''. . .. ' 11°11 -Pigili H \ad X4-1 H-R1 • rovig Si 10!!!:171 • cal iiiws \ITilliiiiiisi\ i .. 1001,iiiiiii 0 •• ,.....-----iiiisigilrinicas IA toit - • litillik IP - -... ..i. . . � „ ,, 1 4 111 -1111- . 1%. 1. itti•rov ,' ..41, r.oi, ...,, , _, , c'''16 '' 4411111111!!' \ , ,..., This is Schedule "A- 1” r i',$ H s . a to By-law No. 777 I • z _•A he�� passed the 9th day of H-RS o eS °C July , 1981 . Township of 44111k I Townshipof 8a ha■ Bayhan Bay ham I �, H- 1eve / • 4111‘14111/4/1 rifillI - -R . --4. 4 Egz- -ex./1.444.4) e ric . 41.4 */ .. IF . AI • H14742 f . HAZARD LANDS Sr H-RI HAZARD LANDS - RESIDENTIAL � H-�1 - . i ‘,,PIHR14 f T HAZARD LANDS CENTRAL COMMERCIAL . •• it:. it 4.04HAZARD LANDS INSTITUTIONAL 1 HAZARD LANDS INDUSTRIAL -,ff4Lip , /keit Jail 0 100 200 Metres f 1 , . igniE;._=,m10,- t 1 I 0 400 800 Feet if TABLE I TO CONVERT METRES TO FEET , AND FEET TO METRES I- 1 To convert metres to feet , divide the number of metres by tit conversion factor , i . e . : Xv0 . 3048 - Y where X - number of metres 0 . 3048 - conversion factor Y - number of feet • For example : metres feet rounded 0 . 5 1 . 64 1 . 5 1 . 0 3 . 28 3 . 5 1 . 5 4 . 92 5 . 0 2 . 0 6 . 56 6 . 5 2 . 5 8 . 20 8 . 0 3 . 0 9 . 84 10 . 0 3 . 5 11 . 48 11 . 5 4 . 0 13 . 12 13 . 0 4 . 5 14 . 76 15 . 0 5 . 0 16 . 40 16 . 5 6 . 0 19 . 68 19 . 5 7 . 5 24 . 61 24 . 5 8 . 0 26 . 24 26 . 0 9 . 0 29 . 52 29 . 5 • 10 . 0 32 . 81 33 . 0 10 . 5 34 . 45 34 . 5 • 12 . 0 39 . 37 39 . 5 14 . 0 45 . 93 46 . 0 15 . 0 49 . 21 49 . 0 17 . 0 55 . 77 56 . 0 18 . 0 59 . 05 59 . 0 . . 18 . 5 60 . 97 61 . 0 20 . 0 65 . 62 65 . 5 Z1 . 0 68 . 9.0 69 . 0 22 . 0 72 . 17 72 . 0 25 . 0 . 82 . 02 82 . 0 26 . 0 85 . 30 - 85 . 5 . 30 . 0 98 . 42 98 . 5 30 . 5 100 . 07 100 . 0 32 . 0 104 . 99 105 . 0 35 . 0 114 . 83 115 . 0 40 . 0 131 . 23 131 . 0 45 . 0 147 . 64 147 . 5 50 . 0 164 . 04 164 . 0 • 55 . 0 180 . 45 180 . 5 60 . 0 196 . 85 197 . 0 70 . 0 • 229 . 65 229 . 0 80 . 0 262 . 47 262 . 5 90 . 0 295 . 28 295 . 5 100 . 0 328 . 08 , 328 . 0 150 . 0 492 . 12 492 . 0 _ TABLE I . . . . . continued I- 2 t To convert feet to metres , multiply the number of feet times the conversion factor , i . e . : X x 0 . 3048 = Y where X - . number of feet 0 . 3048 = conversion factor Y = number of metres • For example : feet metres rounded 1 . 0 0 . 30 0 . 3 2 . 0 0 . 61 0 . 5 3 . 0 0 . 91 1 . 0 4 . 0 1 . 22 1 . 0 S . 0 1 . 52 1 . 5 6 . 0 1 . 83 2 . 0 7 . 0 2 . 13 2 . 0 7 . 5 2 . 29 2 . 5 0 8 . 0 2 . 44 2 . 5 9 . 0 2 . 74 2 . 5 10 . 0 3 . 05 3 . 0 12 . 0 3 . 66 3 . 5 13 . 0 3 . 96 4 . 0 14 . 0 4 . 27 4 . 5 15 . 0 4 . 57 4 . 5 20 . 0 6 . 10 6 . 0 25 . 0 7 . 62 7 . 5 30 . 0 9 . 14 9 . 0 35 . 0 10 . 66 10 . 5 40 . 0 12 . 19 12 . 0 45 . 0 13 . 72 14 . 0 50 . 0 15 . 24 15 . 0 55 . 0 16 . 76 17 . 0 60 . 0 18 . 29 18 . 5 • 65 . 0 19 . 81 20 . 0 70 . 0 • • 21 . 34 21 . 5 75 . 0 22 . 86 23 . 0 80 . 0 24 . 38 25 . 0 85 . 0 25 . 90 26 . 0 90 . 0 . 27 . 43 27 . 5 100 . 0 30 . 48 30 . 5 105 . 0 32 . 00 32 . 0 115 . 0 35 . 05 35 . 0 120 . 0 36 . 58 36 . 5 130 . 0 39 . 62 40 . 0 140 . 0 42 . 67 42 . 5 150 . 0 45 . 72 46 . 0 180 . 0 54 . 86 55 . 0 200 . 0 60 . 96 60 . 0 • 300 . 0 91 . 44 91 . 5 400 . 0 121 . 92 122 . 0 f • NOTE : The above table is for explanation and convenience only and does not form part of the By-law . • imummommik TABLE II TO CONVERT SQUARE METRES TO SQUARE FEET , AND SQUARE FEET TO SQUARE METRES II - 1 To convert square metres to square feet , divide the number of square metres by the conversion factor , i . e . : X , 0 . 09290304 • Y where X is number of square metres 0 . 09290304 in conversion factor Y • number of square feet For example : square metres ,square feet, rounded • 0 . 5 5 . 38 5 . 5 1 . 0 10 . 76 11 . 0 1 . 5 16 . 15 16 . 0 2 . 0 21 . 53 21 . 5 3 . 0 32 . 29 32 . 5 . 4 . 0 43 . 06 43 . 0 4 . 5 48 . 43 48 . 5 9 . 0 96 . 88 97 . 0 10 . 0 107 . 64 107 . 5 14 . 0 150 . 69 151 . 0 18 . 5 199 . 13 199 . 0 19 . 0 204 . 51 204 . 5 30 . 0 322 . 92 323 . 0 40 . 0 430 . 56 430 . 5 45 . 0 484 . 38 484 . 5 55 . 0 592 . 02 592 . 0 65 . 0 699 . 65 700 . 0 70 . 0 753 . 47 753 . 5 75 . 0 807 . 30 807 . 0 80 . 0 861 . 11 861 . 0 90 . 0 968 . 75 969 . 0 • 95 . 0 1 , 022 . 57 1 , 022 . 5 100 . 0 1 , 076 . 39 1 , 076 . 5 130 . 0 1 , 399 . 30 1 , 399 . 0 200 . 0 _ 2 , 152 . 78 2 , 153 . 0 230 . 0 2 , 475 . 70 2 , 416 . 0 280 . 0 3 , 013 . 89 3 , 014 . 0 300 . 0 3 , 229 . 17 3 , 229 . 0 375 . 0 4 , 036 . 47 4 , 036 . 5 465 . 0 5 , 005 . 22 5 , 005 . 0 500 . 0 5 , 381 . 96 5 , 382 . 0 550 . 0 5 , 920 . 15 5 , 920 . 0 600 . 0 6 , 458 . 35 6 , 458 . 5 695 . 0 ' 7 , 480 . 91 7 , 481 . 0 4 700 . 0 7 , 534 . 74 7 , 535 . 0 750 . 0 8 , 072 . 93 8 , 073 . 0 930 . 0 10 , 010 . 44 10 , 010 . 5 TABLE II . . . . . continued 114P2 To convert square feet to square metres multiply the number of square feet times the conversion factor , i . e . : X x 0 . 09290304 = Y where X = number of square feet 0 . 09290304 = conversion factor Y = number of square metres ( m2 ) For example : 4 square feet • square metre3 rounded 4 0 . 37 0 . 5 6 0 . 56 0 . 5 9 0 . 84 1 . 0 12 1 . 11 1 . 0 30 2 . 79 3 . 0 32 2 . 97 3 . 0 40 3 . 71 3 . 5 50 4 . 64 4 . 5 100 9 . 29 9 . 5 150 13 . 94 14 . 0 200 18 . 58 18 . 5 300 27 . 87 28 . 0 400 37 . 16 37 . 0 500 46 . 45 46 . 5 600 55 . 74 55 . 5 700 65 . 03 65 . 0 720 66 . 89 67 . 0 750 69 . 68 69 . 5 850 78 . 97 79 . 0 900 83 . 61 84 . 0 1 , 000 92 . 90 93 . 0 1 , 200 111 . 48 111 . 5 1 , 800 167 . 22 167 . 0 '. 2 , 000 185 . 80 186 . 0 2 , 500 232 . 26 232 . 0 3 , 000 278 . 70 279 . 0 4 , 000 371 . 61 371 . 5 5 , 000 464 . 50 464 . 5 5 , 500 510 . 97 511 . 0 6 , 000 557 . 41 557 . 5 7 , 500 696 . 77 697 . 0 8 , 500 789 . 68 789 . 5 9 , 000 836 . 12 836 . 0 10 , 000 929 . 03 930 . 0 15 , 000 1393 . 54 1393 . 5 20 , 000 1858 . 06 1860 . 0 25 , 000 2322 . 57 2322 . 5 30 , 000 2787 . 09 2787 . 0 43 , 560 ( 1 ac ) 4046 . 85 4046 . 5 87 , 120 ( 2 ac ) 8093 . 71 8094 . 0 ( 0 . 8 ha ) 1 , 089 , 000 ( 25 ac ) 101171 . 41 101171 . 5 ( 10 . 1 ha ) NOTE : The above table is for explanation and convenience only and does not form part of the By - law . CI I CORPORATION OF THE VILLAGE OF VIENNA DRAINAGE BY- LAW NO . 778 The Drainage Act , 1975 , Chapter 79 , Section 45 ( 1 ) ; Form 6 I A By-Law to provide for a drainage works in the Village of Vienna in the Couney of Elgin and for borrowing on the credit of the municipality the sum of $ 11 , 100 . 00 for completing the drainage works . ( a ) WHEREAS the requisite number of owners , as shown by the last revised assessment roll , of the property hereinafter set forth requiring drainage have petitioned the Council of the Village of Vienna requesting that the following lands and roads may be drained by a drainage works . ( b ) Chapel Street in the Village of Vienna and Lot 14 , Concession 3 and road allowance in the Township of Bayham . AND WHEREAS , the Council has procured a report made by SPRIET ASSOCIATES and the report is as follows : ( c ) AND WHEREAS the Council is of the opinion that the drainage of the area described is desirable ; THEREFORE the Council of the Village of Vienna pursuant to The Drainage Act , 1975 , enacts as follows : 1 . The report is hereby adopted , and the drainage works as there- in indicated and set forth are hereby authorized and shall be completed in accordance therewith . 2 . The Corporation of the Village of Vienna may borrow on the credit of the Corporation the sum of $ 11 , 100 . 00 ( d ) being the funds necessary for the drainage works , not otherwise provided for provided that such sum shall be reduced by the amount of grants and commuted payments with respect to the land and roads assessed . 3 . For paying the sum of $ 2 , 230 . 00 , the amount charged against such lands and roads apart from lands and roads belonging to or controlled by the municipality . Township of Bayham - Roads and lands - Assessed $2 , 230 . 00 4 . For paying the sum of $8 , 870 . 00 the amount assessed against such roads and lands of the municipality . 5 . This By-law comes into force on the passing thereof and may be cited as the "CHAPEL STREET DRAIN BY-LAW . " FIRST READING May 13th . , 1982 . SECOND READING May 13th . , 1982 PROVISIONALLY ADOPTED this 13th . day of May , 1982 mum- CLERK THIRD READING ENACTED this /044 day of 1982 REEVE • CLERK NOTICE OF SITTING OF COURT OF REVISION Notice is hereby given that a Court of Revision will be held at the Public Library , Vienna , Ontario on the 10th . day of June , 1982 at 8 : 30 P . M . o ' clock in the afternoon to hear any owner of land , or , where roads in the local municipality are assessed , any ratepayer , who complains that his or any other land or road has been assessed too high or too low or that any land or road that should have been assessed has not been assessed , or that due consideration has not been given or allowance made as to type of use of land , who personally , or by his agent , has given notice in writing to the clerk of the municipality that he considers himself aggrieved for any or all such causes . Clerk of the Municipality If no notice of intention to make application to quash a by- law is served upon the clerk of the municipality within ten days after the passing of the by- law or , where a notice of intention has been given , if an application to quash is not made to the referee within three months after the passing of the by- law , the by-law , or so much thereof as is not the subject of or is not quashed upon any such application is valid and binding accord- ing to its terms , so far as it prescribes or directs anything within the proper competence of the council : The Drainage Act , 1975 . a 4 f THE CORPORATION OF THE MUNICIPALITY OF VIENNA BY-LAW NO . 779 BEING A BY- LAW to set the mill rate for 1981 . WHEREAS the Corporation has assessment of $439 , 340 . , being $ 108 , 710 . Public Commercial ; $ 321 , 775 . Public Residential ; $ 1 , 755 . Separate Commercial ; $ 7 , 100 . Separate Residential . AND WHEREAS THE Corporation deems it necessary to raise THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF VIENNA . 1 . That the mill rate for the year 1981 be : PUBLIC SEPARATE Residential -Commercial Residential -Commercial General Village 101 . 248 119 . 115 101 . 248 119 . 115 County of Elgin 13 . 751 16 . 178 13 . 751 16 . 178 Elementary School 35 . 666 41 . 960 37 . 317 43 . 902 Secondary School 30 . 504 35 . 887 30 . 504 35 . 887 181 . 169 213 . 140 182 . 820 215 . 082 2 . The aforelisted mill rates shall be levied upon all properties in the Village of Vienna in their respective school categories and the resulting taxes shall be paid in three instalments being 1st . Instalment on or before April 15th . , 2nd . Instalment on or before August 17th . and 3rd . Instalment on or before Nov . 16th . provided however , that taxes have a gross value of Fifteen Dollars or less , shall 'become due and payable on August 17th . , 1981 . Discounts for prepayments and penalties for defaulted payments shall ballowed as per schedule followed in previous years . READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 11th . DAY OF July , 1981 (2C- AII " REEVE CLERK THE CORPORATION OF THE VILLAGE OF VIENNA BY- LAW NO . 779 BEING a By- law to repeal By- law No . 777 . WHEREAS By„- law No . 777 passed by the Council of the Corporation of the Village of Vienna on the 9th . day of July ., 1981 , has been circulated to all owners of property in the Village of Vienna . AND WHEREAS several objections to By- law No . 777 have been received indicating that the aforesaid owners of property are of the opinion that the said By- law is too restrictive , particulary as relates to hazard lands and floodplain . AND WHEREAS comments from the Long Point Region Conser- vation Authority and Ministry of Natural Resources in- dicate that the said By- law must be more restrictive , particularly as relates to hazard lands and floodplain . AND WHEREAS it appears that the said By- law is not accep- table in its present form . THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA THAT By- law No . 777 as passed by the Council of the Corp- oration of the Village of Vienna bn the 9th . day of July , 1981 be and the same is hereby repealed . READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 12th . DAY OF November , 1981 . i0 VILLAGE OF VIENNA Moved by Seconded by Date • >41. 19 S� Y THAT : - -79' 77? AL-42-Lx-7 .4.� ,[.cA,. -4-et,4,-4cAr-4,P it- /f.y . CARRIED Reeve VILLAGE OF VIENNA Moved by Seconded by Date i 15L 19 4;2- :'i THAT : " --- tJ 1J JA-t' -ct--/ CARRTD Reeve VILLAGEAmin OF VIENNA Moved by Seconded by Date Q1n,/ i5/ 19 /2-- THAT : LTHAT : 0.1-€/) — �a.c✓ Pet-- 7 7 9 ,�e1 �,c�J /`� 20 "- CARRIED Reeve CORPORATION OF THE VILLAGE OF VIENNA BY - L A 78 o BEING a by- law to authorize the . .Reeve and Clerk to execute an agreement with the Elgin County Board of Education for the conveyance of certain lands . WHEREAS the Corporation of the Village of Vienna has P g requested the Elgin County Board of Education to convey • certain lands owned by the Board to the Corporation . AND WHEREAS the Board has agreed to convey such lands subject to certain terms and conditions . AND WHEREAS those terms and conditions are acceptable to the boupcil of the Corporation . THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA : 1 . THAT the Reeve and Clerk are hereby authorized to execute an agreement with the Elgin County Board of Education whereby the Board agrees to convey to the Corporation certain lands , being all of Lot 5 and part of Lots 6 and 12 in that block of lots bounded on the West by Pine Street , on the North by Ann Street , on the East by Snow Street nd on the South by Fulton Street according to Registered Plan 54 and particularly described in Schedule "B" attached hereto ; and upon the Corporation fulfilling certain oblications as set out in the said agreement . READ A FIRST , SECOND , AND THIRD TIME AND FINALLY PASSED THIS 17th . DAY OF DECEMBER , 1981 . _,/e//f6LX:ce>lp441,4, REEVE CLERK A.' THIS AGREEMENT made in duplicate this 26th day of November , 1981 . BETWEEN : THE ELGIN COUNTY BOARD OF EDUCATION Hereinafter called the "Board" OF THE FIRST PART - and 411 THE CORPORATION OF THE VILLAGE OF VIENNA Hereinafter called the "Village Corporation" OF THE SECOND PART 0 WHEREAS the Village Corporation has requested the Board to convey certain lands owned by the Board to the Village Corporation ; AND WHEREAS the Board has agreed to convey such lands subject to the terms and conditions of this agreement ; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the Board and the Village Corporation covenant and agree as follows : 1 . The Village Corporation agrees at its expense to construct a vehicular parking area on the Board ' s lands for the exclusive use of the Board , such parking area to be located approximately as shown in green on Schedule "A" attached to and forming part of this agreement . The precise location shall be determined by the Board ' s Supervisor of Building and Maintenance . Such parking area shall be enclosed with railway ties and the surface gravelled . Plans and specifications for the same shall be submitted to and approved by such Supervisor prior to the commencement of the work and the construction thereof shall be completed to his satisfaction by such reasonable date as he shall name . 2 . The Village Corporation further agrees to pay the Board ' s legal costs in connection with this agreement , the deed arising therefrom and all matters relating thereto , such costs to be paid on a solicitor and his own client basis . • 3 . Upon the Village Corporation completing the construction of the parking area in accordance with this agreement and to the satisfaction of the Board ' s said Supervisor , the Board agrees to conveyto the P � 8 - 2 - Village Corporation for the sum of One Dollar ( $ 1 . 00 ) the lands more particularly described in Schedule " B" hereto . The conveyance shall be in a form satisfactory to the Board ' s solicitor and for so long as such lands are used by the Village Corporation for community recreation centre purposes . 0 4 . This agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties hereto and the provisions of section 2 shall survive the delivery of the deed referred to in 3 above . IN WITNESS whereof the parties have hereunto set their hands and seals SIGNED , SEALED AND DELIVERED in the presence of : ) THE ELGIN COUNTY BOARD OF EDUCATION ) ) ) ) Chairman ) ) ) ) ) Secretary y ) ) THE CORPORATION OF THE VILLAGE OF VIENNA ) ) ) . eS ) Reeve ) ) ) Clerk ) '1 i r . , 4...................................1111........:...............................................:..............ir • / . 0 li VI i (:)(0 , PPi . kt........... I z frV . • ' kirs/ E.. , 1 . cep,....,, ,,, CD 1 t.g ots i. 5 6.17;G• f8C ' r i t i . •i ."1...t /Soft%)Au; I 13.4s 13 otiteJ 1r A . 40 . Tgxi o . . i RoPc9,-(y 4 _ il V L.1,04 c 1 i . 111 9 Q i•4---- ‘ 4 ' ,,--fc.-t.ac 70, i 0 f ryi g30_ i 1 „ . .,, ._ . .._ _ . _ . . v A... , , - .. OR'N 4 '' SCALE if . ( , / i , t� NIt�A u �. tc. K�ei.. _. _ CND DWG. No. _ _ _.. .- _ _ MITI . AEO'D % DATE g e SCHEDULE "B" In the Village of Vienna , in the County of Elgin being all of Lot S and part of Lots 6 and 12 in that block of lots bounded on the West by Pine Street , on the North by Ann Street , on the East by Snow Street and on the South by Fulton Street according to Registered- Plan 54 and more particularly described as follows : COMMENCING at the Southeasterly angle of said Lot 5 ; THENCE Westerly along the Southerly limits of said Lots 5 and 6 . - ninety feet (90 ' ) to the Southeast angle of the lands now owned by. the Village Corporation ; • - THENCE Northerly along the Easterly limit of the lands now owned by the Village Corporation and parallel to the Westerly limit of said Lot 6 one hundred and eighty feet ( 180 ' ) to the Northeast angle of • the lands now owned by the Village Corporation ; THENCE Easterly parallel to the Southerly limits of said Lots 6 and - 5 ninety feet ( 90 ' ) to a point iri the Easterly limit of said Lot 12 ; THENCE Southerly along the Easterly limit of said Lots 12 and 5 one hundred and -eighty feet ( 180 ' ) more -or less to the point of commencement . mow Dated ; Noyember 26 ? 1981 BETWEEN : THE ELGIN COUNTY BOARD OF EDUCATION - and - THE CORPORATION OF THE VILLAGE OF VIENNA i AGREEMENT McKay , McKay , Vedova & Collins Barristers and Solicitors 344 Talbot Street P . O . Box 588 St . Thomas , Ontario NSP 4B1 W KAM : j m