HomeMy WebLinkAboutVienna By-Laws 1983 Vienna Village
By ,, Laws
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By-Laws
# 781 - 788
1983
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY - LAW NO . 781
L
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA ENACTS
410 AS FOLLOWS :
1 . No person shall permit the being at large or trepassing of
animals , other than dogs ion the Village of Vienna .
2 . Any animal being at large or trepassing in the Village of
Vienna may be impounded and , it not claimed within Ten
days , or if the fines , damages and expenses are not paid ,
may be sold .
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3 . Every person who contravenes any of the provisions of this
by - law is guilty of an offense and on conviction is liable
to a fine of not more than $ 2 , 000 . 00 exclusive of costs ,
for each offense .
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READ a first and second time this 13th . day of JANUARY
1983 .
READ a third time and finally passed this l 3th .day of JANUARY
1983 .
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Reeve
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DATED : JANUARY 13 , 1983 .
THE CORPORATION OF THE VILLAGE
OF VIENNA
BY - LAW NO . 781
F
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CORPORATION OF THE
BY- LAW NO . 783A
Being a B3-law to establish a Penalty
Charge for Non-Payment of Current Taxes
and to provide for Interest to be added
to Tax Arrears .
WHEREAS under the Provisions of the Municipal Act , ' r •
R . S . O . 1980 , a municipality may impose penalties on
overdue taxes in 1983 ;
AND WHEREAS a municipality may impose an interest charge
41 iy on tax arrears ;
NOW THEREFORE THE COUNCIL OF THE COPORATION OF THE VILLAGE
OF VIENNA ,ENACTS :
1 . THAT overdue taxes are those taxes that are
levied in 1983 and are not paid on or before the
date payment is due ; •
2 . THAT tax arrears are taxes that are due and
unpaid after December 31st . of the year in which
they were levied ;
3 . THAT the penalty charge to be added to overdue
taxes and the interest charge up be added to
tax arrears shall be fifteen % per annum .
4 . THAT the percentage charge as a penalty for non-
payment of current taxes shall be imposed on the
first day of default and on the first day of
each calendar month thereafter in which default
continues , but not after December 31 , 1983 ;
5 THAT the Corporation shall give notice of the
penalty rate to be imposed under sections 3 and
4 of this by-law in accordance with subsection 6
of Section 386 of the Municipal Act , R . S . O . 1980 ,
Chapter 302 ;
6 . THAT the treasurer shall add to the amount of all
tax arrears due and unpaid , interest as specified
in section 3 of this by-law at the rate of one
and one• - quarter per cent per month for each month
or fraction thereof from the day this by- law
takes effect ;
7 . This by-law shall take effect on April 1 , 1983 .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED
THIS TENTH DAY OF MARCH , 1983 .
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REEVE CLERK
THE CORPORATION OF THE
VILLAGE OF VIENNA
BY - LAW NO . 784
A By- law to provide for minimum standards for
maintenacne and occupancy for all properties
in the Village of Vienna .
The Municipal Council of the Corporation of the Village of
Vienna enacts as follows :
Section 1 SHORT TITLE
This by- law may be cited as the ' Property Maintenance and
Occupancy Standards By- law ' .
Section 2 DEFINITIONS
In this by- law , unless the context requires otherwise :
2 . 1 "Accessory Building ' means a building or structure the use
of which is normally incidential , subordinate and exclusively
devoted to the use of the main structure and is located on
the same lot therewith .
2 . 2 "Balustrade " means a row of balusters or spindles surmounted
by a railing .
2 . 3 " Bathroom" means a room containing at least a toilet and
bathtub or shower , or two rooms which contain in total at
least one toilet and one bathtub or one shower .
2 . 4 "Building" means any structure used or intended for support-
ing or sheltering any use or occupancy .
2 . 5 "Committee " means a Property Standards Committee established
under this by- law .
2 . 6 "Corporation" means the Corporation of the Village of Vienna .
2 . 7 "Council " means the Municipal Council of the corporation of
the Village of Vienna .
2 . 8 "Dwelling" means a building or structure or part of a
building or structure occupied or capable of being occupied
in whole or in part for the purposes of human habitation
and includes the land and premises appurtenant thereto and
all outbuildings , fences or erections thereon or therein .
2 . 9 "Dwelling Unit " means one or more rooms connected together as
a separate unit in the same structure and constituting an
independent housekeeping unit for residential occupancy by
humans for living and sleeping purposes .
2 . 10" Fire Resistance Rating" means the time in hours that a
material construction or assembly will withstand the passage
of flame and transmission of heat when exposed to fire under
specified conditions of test and performance criteria .
2 . 11 "Habitable Room" means any room in a dwelling unit used or
intended to be used for living , sleeping , cooking or eating
purposes .
2 . 12 "Maintenance" means the preservation and keeping in repair
of a property .
2 . 13 "Means of Egress " means a continuous path of travel by a
doorway , hallway , corridor , exterior passageway , balcony ,
lobby , stair , ramp or other egress facility for the escape
of persons from any point within a building , floor area ,
room or contained open space to a public thoroughfare or
approved open space .
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2 . 14"Multiple Dwelling" means a building containing three or more
dwelling units .
2 . 15"Multiple Use Building" means a building containing both a
"dwelling unit and a non-residential property .
2 . 16" Non-habitable Room" means any room in a dwelling or
dwelling unit other than habitable room , and includes a
bathroom , toilet room , laundry room , pantry , communicating
corridor , stairway , closet , basement , boiler room or other
space for service and maintenance of the dwelling for public
use , and for access to , and vertical travel between storeys .
2 . 17"Non-residential Property" means building or structure not
occupied or capable of being occupied in whole or in part
for the purposes of human habitation and includes the lands
and premises appurtenant thereto .
! 2 . 18"Occupancy" means the use or intended use of a building or
• part thereof for the shelter or support of persons , animals
or property .
1 2 . 19 "Occupant" means any person ( s ) over the age of eighteen years
possession of the proeprty .
2 . 20"Officer" means the Property Standards Officer who is also
the Building Inspector , appointed by the Corporation of
the Village of Vienna for the time being charged with the
duty of administering and enforcing the provisions of this
by-law .
2 . 21 "Owner" means the person for the time being managing or
receiving the rent of /or paying the municipal taxes on the
land or premises in connection with Which the word is used
whether on his own account or as agent or trustee of any
other person or who would also receive the rent if such
land and premises were let , and shall also include a lessee
or occupant of the property who , under the terms of a lease ,
is required to repair and maintain the property in accord-
ance with the standards for the maintenance and occupancy of
property .
2 . 22 "Property" means a building or structure or part of a
building or structure and includes the lands and premises
appurtenant thereto and all mobile homes , mobile buildings ,
mobile structures , outbuildings , accessory buildings ,
fences and erections thereon whether heretofore or hereafter
erected , and includes vacant property .
2 . 23 "Repair" means the provision of such facilities and the
making of additions or alterations or the taking of such
action as may be required so that the property shall conform
to the standard established in this by- law . All repairs
shall be made in conformity to the Ontario Building Code ,
the Ontario Water Resources Act , Plumbing Regulations , the
Regulations of Hydro Electric Power Commission of Ontario
and Regulations made under the Public Health Act of Ontario .
2 . 24"Residential Property" means any property that is used or
designed for use as a domestic establishment in which one
or more persons usually sleep and prepare and serve meals ,
and includes any land or buildings that are appurtenants to
such establishment and all steps , walks , driveways , parking
spaces and fences associated with the dwelling or its yard .
2 . 25"Sewage" means any liquid waste containing animal , vegatable
�or mineral matter in suspension or solution but does not
include roof water or other storm runoff .
2 . 26"Sewerage System" means the municipal sanitary sewerage
system or private sewage disposal system approved by the
Medical Officer of Health .
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2 . 27"Standards " means the standards of physical condition and
''''of occupancy prescribed for property by this by-law .
2 . 28"Structure" means anything constructed or erected , the use
'of which requires location on or in the ground , or attached
to something having location on the ground and , without
limiting the generality of the foregoing , includes a vehicle
as defined in The Highway Traffic Act .
2 . 29"Yard" means the land , other than publicly owned land , around
—Mr appurtenant of the whole or any part of a structure .
SECTION 3 GENERAL PROVISIONS
3 . 1 Application of By-law
This by-law applies to all property in the Corporation .
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SECTION 4
3 . 2 Responsibility of Owner to Maintain , Repair or
— Demolish Property
The owners of property shall :
( a ) Comply with all standards prescribed in this by-law . .
( b ) Not permit any person to go into occupation or use of
any property owned by him unless such preperty conforms-
to the standards prescribed in this by- law .
( c ) Repair or effect the demolition within the time and in
the manner specified in an order of The Property
Standards Officer which is final and binding as
profided in the Planning Act , as amended from time to
time .
PHYSICAL CONDITIONS OF YARDS AND ACCESSORY STRUCTURES
4 . 1 Cleanliness of Yards
( a ) All yards shall be maintained clean and free from
rubbish and other debris and from objects and
conditions such as holes or excavations that might
create a health , fire or accident hazard .
( b ) Any vehicle including a trailer , which is in a wrecked ,
discarded , or abandoned condition shall not be parked ,
stored or left in a yard , unless it is necessary for the
operation of a business enterprise lawfully situated on
the property .
( c ) All reasonable means shall be employed to prevent the
erosion of soil in the yard .
SEWAGE AND DRAINAGE
4 . 2 ( a ) Sewage shall be discharged into the sewerage system
acceptable to the municipality and /or Medical Officer
of HeaLTH .
( b ) All practical means shall be employed so that storm
water shall be drained from the yard so as to prevent
excessive ponding so as not to create a health hazard
or the entrance of water into basement or cellar .
4 . 3 Passageways
Steps , walks , dirveways , parking spaces , and similar areas
of a yard shall be maintained so as not to create a health ,
fire or accident hazard .
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4 . 4 Accessory Bui ldinns
( a ) An accessory building , including a fence , shall be kept
in good repair and free from health , fire and accident
hazard .
( b ) Where an accessory building or any condition in a yard
may harbour noxious insects or rodents all necessary
steps shall be taken to eliminate the insects or rodents .
4 . 5 Garbage Disposal
( a ) Every dwelling and every dwelling unit within the dwelling
shall be provided with such receptacles as may be
necessary to contain all the garbage , rubbish , and
ashes that accumulate in the yard and in the dwelling ,
and this shall apply where applicable to commercial and
industrial areas .
( b ) Receptacles shall be :
( i ) made of metal or plastic ,
( ii ) made of water tight construction ,
( iii ) provided with a tight fitting cover , or tie ,
( iv ) maintained in a clean state .
( c ) Industrial , commercial structures ' and multiple dwellings °
garbage , rubbish and ashes shall be promptly stored in
bins and storage areas and removed in accordance with
• regulations of the Corporation .
( d ) Materials of an inflammable nature shall be safely
stored or removed at once from the property .
( e ) Garbage in garbage storage areas shall be kept rodent
free at all times and methods used for exterminating
rodents or insects or both , shall conform with generally
accepted practice .
SECTION 5 MAINTENANCE OF STRUCTURES
5 . 1 Pest Prevention
( a ) A building shall be kept free of rodents , vermin and
insects at all times , and methods used for exterminating
rodents or insects or both shall be in accordance with
the provisions of the current provincial Pesticides
Act and all regulations passed pursuant thereto .
( b ) Basement or cellar windows , habitually used or required
for ventilation , and any other opening in a basement or
cellar , including a floor drain , that might permit the
entry of rodents , shall be screened with wire mesh ,
metal grill or other durable material which will
effectively exclude rodents .
5 . 2 Overall Structure
Thermal insulation of buildings to minimize heat losses scall
be done in accordance with the provisions of the Ontario
Building Code where necessary and practical .
5 . 3 Exterior Walls
The exterior walls and their components of a building
shall be maintained so as to prevent their deterioration due
to weather and insects and shall be so maintained by the
painting , restoring or repairing of the walls , coping or
flashing , by the waterproofing of joints and of the walls
themselves , by the installing or repairing of termite shields
and by the treating of the soil with appropriate pesticides .
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5 . 4 Foundations
( a ) The foundation walls and basement , cellar or crawl
space floors shall be maintained in good repair and be
structurally sound , and where necessary shall be so
maintained by shoring of the walls , grouting masonry
cracks , waterproofing the walls or floors and install -
ing subsoil drains at footing levels .
( b ) Every basement , cellar and crawl space in a building
shall be adequately drained .
5 . 5 Overall Structure
( a ) Every part of a building shall be maintained in a
structurally sound condition so as to be capable of
sustaining safely its own weight and any additional
weight that may be put on it through normal use ;
material which have been damaged or show evidence of
rot or other deterioration shall be repaired or replaced .
( b ) All exterior surfaces shall be of materials which
provide adequate protection from the weather .
( c ) The exterior walls , roofs and otherparts of a building
shall be free from loose , rotten , warped and broken
materials and objects ; such materials and objects shall be
removed , repaired or replaced .
5 . 6 Roofs
A roof including the fascia board , soffit , cornice and
flashing shall be maintained in a watertight condition
so as to prevent the leakage of water into the building .
5 . 7 Doors and Windows
( a ) Windows and exterior doors and frames and basement or
cellar hatchways shall be maintained in good repair so
as to prevent the entrance of wind or rain into the
building .
( b ) Rotted or damaged doors , door frames , window frames ,
sashes and casings , weatherstripping , broken glass and
missing or defective door and window hardware shall be
repaired or replaced .
( c ) Doors and windows shall be of such a construction as
to prevent drafts and minimize heat losses through
infiltration or outside cold air in cold weather
seasons .
5 . 8 Stairs and Porches
Inside or outside stairs and porches shall be maintained
so as to be free of holes , cracks and other defects which
may constitute possible accident hazards and all treads
or risers that show excessive wear or are broken , warped
or loose and all supporting structural members that are
rotted or deteriorated shall be repaired or replaced .
5 . 9 Egress •
( a ) There- shall be provided and maintained a secondary
means of egress from the building for every dwelling
unit located on each floor above the first floor
and for two or more dwelling units located in the
basement , so as to provide a safe and convenient
means of egress in case of an emergency .
( b ) Every dwelling unit shall be provided by the occupant
with a products of combustion detector maintained in
operating condition .
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5 . 9 Continued
( c ) There shall be provided two means of egress from
every floor area where in the opinion of the Fire
Chief , the existing exits are inadequate for the
safety of the occupants .
5 . 10 Walls and Ceilings
( a ) Every wall and ceiling finish shall be maintained in
a clean condition and free from holes , loose
coverings or other defects which would permit frame
or excessive heat to enter the concealed space .
410. ( b ) Where fire resistant walls exist between separate
dwelling units , they shall be maintained in a
condition which maintains their fire resistant quality .
5 . 11 Floors
( a ) Every floor shall be reasonably smooth and level
and be maintained so as to be free of all loose ,
warped , protruding , broken or rotted boards or
material that might cause an accident , and all
defective floor boards or materials shall be repaired .
5 . 12 Cleanliness
Every floor , wall , ceiling and fixture in a building shall
be maintained in a clean and sanitary condition , and the
building shall be kept free from rubbish , debris or
conditions which constitute a fire , accident or health
hazard .
5 . 13 Water
An adequate supply of running water shall be supplied to
every sink , washbasin , bathtub or shower from a source
approved by the Medical Officer of Health .
5 . 14 Plumbing
All plumbing , pipes and plumbing fixtures shall be kept in
good working condition and free from leaks and defects ,
and all wate, pipes and appurtenances thereto shall be
protected from freezing .
5 . 15 Toilet , Kitchen and Bathroom Facilities
( a ) Every self-contained dwelling unit shall be provided
with at least one kitchen sink , water closed , wash
basin , and bathtub or shower , and an acceptable means
of sewage disposal .
( b ) Where toilet , kitchen or bathroom facilities are
shared by the occupants or residential accommodation
other than self-contained dwelling units , an approp-
riate entrance shall be provided from a common passage-
way , hallway , corridor or other common space to the
room or rooms containing the said facilities . The
number of toilets , kitchens or bathrooms required shall
be related to the number of occupants sharing the
facility in accordance with the Ontario Building Code .
5 . L6 Kitchens
( a ) Every self-contained dwelling unit shall contain a
kitchen area equipped with a sink , served with hot and
cold water where available , storage facilities , a
counter top work area and space for a stove and
refrigerator .
( b ) Every kitchen shall have provided an adequate and
approved gas or electrical or other fuel supply for
cooking purposes .
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5 . 16Kitchens continued
( c ) There shall be at least 76 centimeters ( 30 ' ) clear
space above any exposed cooking surface .
5 . 17 Heating Systems
( a ) Every dwelling shall be provided with suitable heating
facilities capable of maintaining an indoor temperature
of 20 degrees Celcius for all dwelling units contained
therein .
( b ) The required heating system shall be maintained in
good working condition so as to be capable of heating
safely to the required standard .
( c ) No room heater shall be placed so as to cause a fire
hazard to walls , curtains and furniture , nor to
impede the free movement of persons within the room
where the heater is located .
( d ) Where buildings contain two or more dwelling units ,
fuel fired heating appliances shall be located
safely enclosed or separated from the remainder of
the safely enclosed or separated from the remainder of
the building in conformance with the Ontario Building
Code .
5 . 18 Chimneys
( a ) Subject to Subsection ( d ) , any heating or cooking
apparatus or equipment used in the process of burning
fuel or combustible material shall be properly vented
to the outside air by means of a smokepipe , vent or
similar adequate chimney .
( b ) Such heating or cooking apparatus or cooking equipment
shall be properly connected to the chimney or flue by
a permanently sealed connection .
tc ) All connections between gaseous and liquid fuel
burning appliances and equipment shall be maintained
in good repair .
( d ) All gaseous and liquid fuel burning appliances
and equipment shall comply with the relevant provincial
and / or municipal regulations .
5 . 19 Electrical Services
( a ) Where available , electrical facilities shall be
provided for all residential accommodation .
( b ) Existing wiring and electrical equipment shall be in
serviceable and safe condition , as required by the
Ontario Hydro .
5 . 20 Light
( a ) Where practical and reasonable , every habitable room
except for a kitchen , shall have a window or windows ,
skylights or translucent panels that face directly to
the outside with an unobstructed light transmitting are
of not less than ten percent of the floor area of such
rooms . The glass area of a sash door may be considered
as a portion of the required window area .
( b ) All public halls and stairs in multiple dwellings
shall have an opening or openings for natural ventila-
tion and such openings shall have a minimum aggregate
unobstructed free flow area of 0 . 28 square meters ( 3 ft . )
( a) An opening for natural ventilation may be omitted from
a kitchen , living room or living-dining room if
mechanical ventilation is provided which changes the
air once each hour .
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5 . 21 Ventilation
( a ) Where practical and reasonable , every habitable room
shall have an opening or openings for natural ventila -
tion and such openings shall have a minimum aggregate
obstructed free flow area of 0 . 28 square meters ( 3 ' ) .
( b ) An opening for natural ventilation may be omitted from
a kitchen , living room or living-dining room if
mechanical ventilation is provided which changes the
air once each hour .
5 . 22 Occupancy Standards
( a ) No person shall use , or permit the use of , a non-
habitable room in a building for a habitable room
purpose .
( b ) The maximum number of occupants in a dwelling unit
shall not exceed one person per 9 . 5 square meters
( 100 square feet ) of habitable room floor area ; any
child under one year of age shall not be counted when
computing the number of occupants ; any child over one
year , but less than twelve years shall be deemed one-
half person in the computation of the number of occu-
pants .
( c ) The floor area under a ceiling which is less than 2
meters ( 7 ' ) high shall not be counted for the purpose
of computing habitable room space .
( d ) EVery room used for sleeping purposes in a dwelling or
dwelling unit shall provide a minimum width of 1 . 8
meters ( 6 ' ) and 600 cubic feet of air space for each
• occupant ; the corresponding floor area should be not
less than 5 . 6 meters ( 60 square feet ) for the first
occupant and less than 3 . 7 square meters ( 40 square
feet ) for each additional occupant .
Section 6 ADMINISTRATION , ENFORCEMENT AND PENALTIES
6 . 1 Administrator
This by-law shall be administered by the Property
Standards Officer , who is also the Building Inspector .
6 . 2 Inspection
( a ) Subject to Subsection ( b ) , the property Standards
Officer and any person acting under his instructions
may , at all reasonable times and upon producing proper
identification , enter and inspect any property .
( b ) The Property Standards Officer or any person acting
under his instructions shall not enter any room
or place actually used as a dwelling unit without the
written consent of the occupant .
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6 . 3 Notice of Non-Compliance
( a ) When inspection by the Officer reveals that a property
does not conform to the standards prescribed in the
by- law , he shall serve or cause to be served by
personal service upon , or send by prepaid registered
mail to the owner of the property and all persons shown
by the records of the Registry Officer or the Land
Titles Officer to have any interest therein a notice
containing particulars of the non-conformity and may ,
at the same time , provide all occupants with a copy of
such notice .
( b ) The Notice shall state :
( i ) That the property does not conply with the standards
prescribed by this by-law and shall specity the
standards with which the property does not comply ,
( ii ) that action is required to be taken to bring the
property into compliance with the by- law and shall
specify the required action , giving reasonable
particulars .
( ii ) A time limit may be imposed at the discretion of the
Property Standards Officer ,
( iii ) that the Officer may be contacted for the purpose of
requesting information and advice or reporting that
action is being or will be taken to effect compliance
with the by- law .
6 . 4 Orders
After affording any person served with a notice provided
for by Section 6 . 3 an opportunity to appear before ,
the Officer and to make representations in connection
therewith , the officer may make and serve or cause to be
served upon or send by prepaid registered mail to such
person an order pursuant to Section 36 ( 7 ) of the Planning
Act , as amended , containing ,
( a ) the municipal address or the legal description of
such property ;
( b ) reasonable particulars of the repairs to be effected
or a statement that the site is to be cleared of all
buildings , structures , debris or refuse and left in
a graded and levelled condition and the period in
which there must be a compliance with the terms and
conditions of the order and notice that , if such repair
or clearance is not so done within the time specified
in the order , the municipality may carry out the repair
or clearance at the expense of the owner ; and
( c ) the final date for giving notice of appeal from the
order .
6 . 5 Penalties
Every person who contravenes any of the provisions of this
by- law shall upon conviction , be liable to a fine not
exceeding five hundred ( $ 500 . 00 ) dollars for each day that
he is contravention of an order that is final and
binding .
6 . 6 Validity
If any section of this by- law shall for any reason be held
to be invalid the remaining sections of the by- law
shall continue to be in force .
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6 . 7 Conflict With Other Laws
Where a provision of this by-law conflicts with another by-
law in force of the Corporation , the provision that
establishes the higher standard of the health , safety and
welfare of the general public shall prevail .
6 . 8 Property Standards Committee
( a ) There shall be and is hereby established a Property
Standards Committee of three ratepayers of the
Corporation , one of whom shall at least be 65 years
of, age : who shall hold office for three years :
provided that in making the first three appointments
to the Committee the Council shall stipulate that
one number shall hold office for three years , one
shall hold office for one year , so that thereafter
there shall be one vacancy on the Committee each year ,
and the Council will in each year forthwith fill the
vacancy which occurs . Members of Council and employ-
ees of the municipality or a local board thereof ,
are not eligible to be a member of the Committee , but
a teacher employed by the Board of Education or
School Board , is not deemed to be an employee for the
purpose of this section .
( b ) When the owner or occupant upon whom an order has been
served in accordance with Section 6 . 4 is not satisfied
with the terms or conditions of the order , he may
appeal to the committee by sending notice of appeal by
registered mail to the secretary of the committee
within fourteen days ( 14 ) after service of the Order ,
and , in the event that no appeal is taken , the order
shat ]Jbe deemed to have been confirmed .
( c ) Where an appeal has been taken , the committee shall
hear the appeal and shall have all the powers and
funtions of the officer and may confirm the order to
demolish or repair or may modify or quash it or may
extend the time for complying with the order provided ,
that in the opinion of the Committee the general
intent and purpose of the by-law and of the official
plan or policy statement are maintained .
( d ) The Property Standards Committee may grant a
registered owner of a property who is the sole occupant
thereof , either by himself or with the immediate
members of his family , an extension of not more than
one year from the end of the time specified in an
Order given under Section 6 ( 4 ) within which any repairs
are to be made , provided that no extension shall be
granted unless the Committee is of the opinion that a
refusal of the application would result in undue
hardship .
( e ) Council shall appoint a secretary for the Committee
whose duties shall be as required pursuant to Section
36 of the Planning Act , as amended ,
( f ) The Village of Vienna or any owner or occupant or
person affected by a decision of the Property Standards
Committee may appeal to a judge of the county or
district court of the judicial district in which the
property is located be so notified the clerk of the
Corporation in writing and by applying for an appoint-
ment within fourteen days after the sending of a
copy of the decision .
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6 . 9 Certificate of Compliance
( 1 ) Following the inspection of a property , the officer
may , or on the request of an owner shall , issue to the
owner a certificate of compliance if , in his opinion ,
the property is in compliance with the standards of
this by-law .
( 2 ) Where a certificate of compliance referred to in
subsection 1 is issued at the request of the owner ,
the owner shall be required to pay a fee of $ 10 . 00
to the Corporation of the Village of Vienna .
Section 7 AUTHORITY OF PANNING ACT
This by-law shall be read as subject to the Planning Act ,
as amended from time to time and wherever the provisions
of the by-law conflict or are otherwise inconsistent with
the provisions of the Planning Act , the provisions of the
Planning Act shall be deemed to be incorporated in this
by-law .
Section 8 GENERAL
8 . 1Thi s by-law shall take full force and effect from the
'date of passage by Council .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS
24th . DAY OF March , 1983 .
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Reeve -
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SCHEDULE 1
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO. 785
Being a By-law to Regulate the use of Land, Buildings and
411 Structures on Lots 10 , 11 , and 12 , Plan 54 , West Side of
Elm Street, in the Village of Vienna .
WHEREAS Council of the Corporation of the Village of Vienna has
deemed it advisable to develop zoning standards for certain
properties in the municipality ;
NOW THEREFORE, the Council of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By-law shall apply to all lands ,
" buildings and structures within the boundaries of Lots
10 , 11 and 12 , Plan 54 , West Side of Elm Street , in the
Village of Vienna as shown on Schedule ' A ' attached to
and forming part of this By-law .
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Lots
10 , 11 and 12 , Plan 54 , West Side of Elm Street except
in conformity with the provisions of this By-law .
1 . 3 ADMINISTRATION
This By-law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
1 . 4 REPEAL OF EXISTING BY-LAWS
111 All previous by-laws passed by the municipality under
the Planning Act , 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 .
s •
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2
1 . 5 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any per-
il
from the obligation to comply with the requirements
of any other By-law of the Municipality in force from
time to time or the obligation to obtain any licence ,
permit , authority , or approval required under any
By-law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By-law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By-law
shall not be affected .
• SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY, shall mean a use , a building , or structure
t at i. s normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and
that is located on the same lot as the main use ,
building or structure .
2 . 2 BUILDING , shall include any structure whether tempor-
ary 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 . 3 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 . 4 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 ( not
410 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 structures , erected or permitted to be
erected on the lot ( not including an outdoor swimming
•
s � s
3
pool ) measured at the level of the lowest storey above
grade , including in both cases all porches , verandahs ,
balconies , steps , cornices , eaves , bay windows and
411 chimneys but excluding uncovered terraces .
2 . 5 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding houses , rooming houses ,
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters .
2 . 6 ERECT , shall include build , construct , reconstruct ,
iire7 and relocate and , not to limit the generality of
the foregoing , shall be taken to include any prelimin-
ary physical operation such as excavating , grading ,
piling , cribbing , filling or draining , and the struc-
tural alteration of any existing building or structure
by an addition , deletion , enlargement or extension .
s41b
2 . 7 EXISTING , shall mean existing as of the date of passing
of th s By-law .
2 . 8 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 ( 20 ) degrees
with the horizontal shall be considered a flat
roof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
410 and b ) immediately preceding .
The height regulations shall not apply to any orna-
mental dome , skylight , chimney , tower , storage silo,
elevator enclosure ; flag pole or antennae, cupola ,
steeple ; or church spire .
4
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4
2 . 9 INSTITUTIONAL USE , shall mean the use of land, build-
ings or other structures for some public or social
purpose but not for commercial purposes . These uses
411 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 :
museums , schools , churches , municipal offices , a post
office , hospitals , and libraries .
2 . 10 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 regist-
ered 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 registered plan of sub-
division which has been deemed not to be a registered
• plan of subdivision by a by-law passed pursuant to the
Planning Act , as amended or revised from time to time .
2 . 11 LOT AREA, shall mean the total horizontal area within
the lot lines of a lot , except in the case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
2 . 12 LOT DEPTH , shall mean the horizontal distance between
TETTRWE 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 . 13 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
410 line joining the centre of the front and the centre of
the rear lot lines at a point six ( 6 ) 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 and a point six ( 6 ) metres back from the
front lot line .
•
1
5
2 . 14 LOT LINES , shall mean the boundary lines of a lot
defined as follows :
411 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 be the rear lot line . In case each of
such lot lines should be of equal length , the
• ' front lot line shall be deemed to be the front lot
line as established in the block by prior
construction .
'b ) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line . In the
case of lots abuttizig 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 . 15 MAIN USE , BUILDING , OR STRUCTURE , shall mean the use ,
building or structure designed or used as the principal
use , building , or structure on the lot .
2 . 16 MUNICIPALITY, shall mean the Corporation of the Village
of Vienna .
2 . 17 NON-COMPLYING , shall mean that which does not conform,
comply or agree with the regulations of this By-law as
of the date of passing .
410
• 2 . 18 NON-CONFORMING , shall mean a use , building or structure
which is not a use, building or structure permitted in
the zone in which the said use , building or structure
is situated .
6
2 . 19 PARKING LOT , shall mean an area provided for the
temporary parking of two or more motor vehicles and may
include aisles , parking spaces and related entrance and
exit lanes , but shall not include any part of a public
street .
2 . 20 PARKING SPACE , shall mean an area enclosed in a princi-
pal building, in an accessory building , or unenclosed ,
having an area of not less than seventeen ( 17 ) square
metres , exclusive of aisles or driveways and accessible
to a street or lane and set aside for the purpose of
the temporary parking or storage of a motor vehicle .
2 . 21 PERMITTED , shall mean permitted by this By-law .
2 . 22 PUBLIC AUTHORITY , shall mean any school board , public
utility commission , Ontario Hydro , transportation
commission , public library board , board of parks
management , board of health , board of commissioners of
'police , planning boards or commission or committee of
local authority established or exercising any power or
authority under any general or special statute of
Ontario with respect to any of the affairs or purposes
of a municipality or a porition thereof , and includes
any committee or local authority established by by-law
of the Council of the municipality .
2 . 23 STREET or ROAD, shall mean a provincial highway , a
county road , a township road or improved street which
affords the principal means of access to abutting lots
but does not include a lane or a private right-of-way .
2 . 24 STREET LINE , shall mean the limit of the street allow-
ance and is the dividing line between a lot and a
street .
2 . 25 STRUCTURE , shall mean any material , object , or work
wimairTs a unit or constructed or put together of
110 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 .
i
7
2 . 26 USE , when used as a noun, shall mean the purpose for
which any land , building or structure is designed,
arranged or intended to be occupied or used , or for
411 which it is occupied , used or maintained .
2 . 27 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 industrial use , or
to more than one institutional use , or combination
thereof , situated on separate lots .
2 . 28 YARD , shall mean an open space on the same lot with a
ma n 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
110 the main building or structure .
d ) SIDE YARD, EXTERIOR, shall mean a side yard
immediately adjacent to a public street .
8
2 . 29 ZONE , shall mean an area delineated on a Zoning Map or
Schedule , and identified by a Zone Symbol within which
a specific use or group of uses are permitted by this
By-law .
SECTION 3 - ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By-law , the map hereto
attached as Schedule "A" shall be referred to as the
" Zoning Map" for Lots 10 , 11 and 12 , Plan 54 , fronting
on the west side of Elm Street in the Village of Vienna
and will include the following zone :
ZONE SYMBOL
Institutional I
3 . 2 't7SE OF ZONE SYMBOLS
The symbol listed in subsection 3 . 1 shall be used to .
refer to land , buildings , and structures and the uses
thereof permitted by this By-law in the said zone .
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zone 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
The boundary of the zone is as shown on the Zoning Map
hereto attached as Schedule "A" .
10
I
9
SECTION 4 - INSTITUTIONAL ( I ) ZONE REGULATIONS FOR
LOTS 10 , 11 , AND 12 , PLAN 54 , WEST SIDE
OF ELM STREET
I/
4 . 1 PERMITTED USES
Institutional Use
•
4 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) Buildings and structures for the permitted uses .
b ) Accessory buildings and structures for the
permitted uses .
•
ACCESSORY USES
a ) shall not be built closer to the front lot line or
side lot line than the minimum distance required
by this By-law for the main building on the lot ;
b ) shall not be located in the front yard or the .
exterior side yard , in the case of a corner lot ;
c ) shall not be built closer to the street than the
main building is to that street ;
d) shall not be built closer than one ( 1 . 0 ) metre to
any lot line ;
e ) shall not exceed six ( b ) percent coverage of the
total lot area ;
f ) shall not exceed four ( 4 ) metres in height or
contain more than one storey ;
g ) shall not be built within two ( 2 . 0 ) metres of the
d
main building ;
h ) shall not be considered as an accessory building
if attached to the main building in any way .
4 . 4 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities are
not available but a municipal water supply system is
available - 900 square metres .
I
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• 4 . 5 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities are
not available but a municipal water supply system is
available - 60 metres ,
4 , 6 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities are
not available but a municipal water supply system is
available - 40 metres ,
4 . 7 MAXIMUM LOT COVERAGE
40 percent
4 . 8 MAXIMUM BUILDING HEIGHT
12 metres
.41
4 . 9 MINIMUM FRONT YARD
10 metres
4 . 10 MINIMUM SIDE YARD
6 metres
4 . 11 MINIMUM REAR YARD
4 metres
THIS By-law comes into force :
( a ) where no notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto ,
upon the expiration of the prescribed time ; or
{b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto,
upon the approval of the Ontario Municipal Board ,
I
11
AD a FIRST time this 10th day of November , 1983 .
IIIREAD a SECOND time this 10th day of November , 1983 .
READ a THIRD time and FINALLY PASSED this 10th day of November ,
1983 .
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THIS IS SCHEDULE // !I TO
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BY— LAW NO . 785 PASSED
/
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THE IOTHDAY OFNOVEVBER1983S
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LERK
• I
SCHEDULE 2
i ) The purpose of By-lbw No . 785 is to create zone standards
for lands located in lots 10 , 11 and 12 , Plan 54 , West Side
of Elm Street in the Village of Vienna . The effect of this
By-law will be to permit the establishment of a museum in an
existing building which was formerly used as a residence
ii ) A key map showing the location of the lands to which By-Law
No . 785 applies is attached hereto as Schedule ' A ' .
•i
9
•
410
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6 b
SCHEDULE 3
STATEMENT OF CONFORMITY
411 TO THE OFFICIAL PLAN FOR THE
EAST ELGIN PLANNING AREA
I , Violet L . Petrie , the Clerk of the Corporation of the Village
of Vienna , have reviewed By-law No . 785 of the Corporation of the
Village of Vienna .
I am in the opinion that :
•
•
X The By-law is in conformity with the Official Plan in
effect for the East Elgin Planning Area .
.,,
The Official Plan in effect for the East Elgin Planning
Area does not contain provisions that apply to land which
this By-law applies .
CLERK
•
•
•
{
FORM 1
PLANNING ACT, 1983
NOTICE OF THE PASSING
OF A ZONING BYLAW BY
THE CORPORATION OF
THE VILLAGE OF VIENNA
TAKE NOTICE THAT THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF VIENNA PASSED BY-LAW NO . 78S ON THE 10TH DAY OF NOVEMBER , 1983
UNDER SECTION 34 OF THE PLANNING ACT, 1983 •
AMD TAKE NOTICE THAT ANY PERSON OR AGENCY MAY APPEAL TO THE
ONTARIO MUNICIPAL BOARD IN RESPECT OF THE BY-LAW BY FILING WITH
THE CLERK OF THE VILLAGE OF VIENNA NOT LATER THAN THE 16TH DAY OF
DECEMBER , 1983 , A NOTICE OF APPEAL SETTING OUT THE OBJECTION TO
THE BY-LAW AND THE REASONS IN SUPPORT OF THE OBJECTION .
AN EXPLANATION OF THE PURPOSE AND EFFECT OF THE BY-LAW , DESCRIB-
IN6 THE LANDS TO WHICH THE BY-LAW APPLIES , AND A KEY MAP SHOWING
THE LOCATION OF THE LANDS TO WHICH THE BY-LAW APPLIES ( OR . ALTER-
NATIVELY . AN EXPLANATION AS TO WHY A KEY MAP IS NOT PROVIDED ) ARE
ATTACHED . THE COMPLETE BY-LAW IS AVAILABLE FOR INSPECTION IN MY
OFFICE DURING REGULAR OFFICE HOURS .
DATED AT THE VILLAGE OF VIENNA THIS BOTH DAY OF NOVEMBER , 1983 .
MRS • VIOLET PETRIE
CLERK
VILLAGE OF VIENNA
aox 160
STRAFFORDYILLt, ONTARIO
NOJ IYO
SCHEDULE 1
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 786
Being a By-law to Regulate the use of Land , Buildings and
Structures on Part of Block A and Lots 1 and 2 , Plan 54 ,
!II East Side of Plank Road, in the Village of Vienna .
WHEREAS Council of the Corporation of the Village of Vienna has
deemed it advisable to develop zoning standards for certain
properties in the municipality ;
NOW THEREFORE , the Council of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By- law shall apply to all lands ,
buildings and structures within the boundaries of Part
41of Block A and Lots 1 and 2 . Plan 54 , East Side of
Plank Road , in the Village of Vienna as shown on Sche-
dule ' A' attached to and forming part of this By-law ,
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Part
of Block A and Lots 1 and 2 . Plan 54 , East Side of
Plank Road except in conformity with the provisions of
this By-law .
1 . 3 ADMINISTRATION
This By-law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
1 . 4 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality under
the Planning Act , 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 .
11
1
2
1 . 5 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any per-
I/ son from the obligation to comply with the requirements
of any other By-law of the Municipality in force from
time to time or the obligation to obtain any licence ,
permit , authority , or approval required under any
By-law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By-law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By-law
shall not be affected .
•
SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building , or structure
that is normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and
that is located on the same lot as the main use ,
building or structure .
2 . 2 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 . 3 BASEMENT , shall mean that portion of a building between
TWE-TTOBi 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 . 4 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 .
•
1
3
2 . 5 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or pther structures may be
erected , used , and maintained .
2 . 6 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 . 7 CELLAR , shall mean that portion of a building between
two floor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade
around the exterior of a dwelling .
2 . 8 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 ( not
including an outdoor swimming pool ) measured at the
bevel of the lowest storey containing habitable rooms ,
and in the case of a non-residential building or
structure that portion or percentage of the area of .
buildings or structures erected or permitted to be
erected on the lot ( not 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 and
chimneys but excluding uncovered terraces .
2 . 9 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding houses , rooming houses ,
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters . •
2 . 10 DWELLING , CONVERTED , shall mean a dwelling originally
designed as a single family dwelling unit , which
410 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 . 11 DWELLING , SINGLE-FAMILY DETACHED, shall mean a building
designed , intended and/or used for occupancy by not
more than one falai ly .
5
s
4
2 . 12 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
411 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 .
2 . 13 ERECT , shall include build , construct , reconstruct ,
WITTE 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 , and the
structural alteration of any existing building or
structure by an addition , deletion , enlargement or
extension .
•
•
2 . 14 EXISTING , shall mean existing as of the date of passing,
o this By-law .
.4,
---- 2 . 15 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
received their lodging and/or board for compensation,
exclusive of domestic help , occupying a dwelling unit .
2 . 16 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 , basement ,
garage , verandah , porch or sunroom unless such enclosed
porch and 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 . 17 GARAGE , PRIVATE , or CARPORT , shall mean a building or
410 portion of a building designed and used for the storage
of not more than three ( 3 ) private motor vehicles dnd
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 .
s
5
2 . 18 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 ( 20 ) degrees
with the horizontal shall be considered a flat
roof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
and b ) immediately preceding .
The height regulations shall not apply to any orna-
mental dome , skylight , chimney , tower , storage silo ,
elevator enclosure , flag pole or antennae , cupola ,
steeple , or church spire .
2 . 19 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 . 20 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 registered plan of
subdivision which has been deemed not to be a
registered plan of subdivision by a by-law passed
pursuant to the Planning Act , as amended or revised
from time to time .
411 2 . 21 - LOT AREA, shall mean the total horizontal area within
TEVTEE-lines of a lot , except in the case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
•
6
2 . 22 LOT DEPTH , shall mean the horizontal distance between
ITRMETBIT and rear lot lines . If these lines are not
parallel , it shall be the length of a line joining the
411 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 . 23 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 ) 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 and a point six ( 6 ) metres back from the
front lot line .
I♦,
2 . 24 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 be the rear lot line . In case each of
such lot lines should be of equal length , the
front lot line shall be deemed to be the front lot
line as established in the block by prior
construction .
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 o�n more than two
sides , the rear lot line shall mean the rear lot
line as established by prior construction .
4
c ) Side lot line shall mean a lot line other than a
front or rear lot line .
41/ 2 . 25 MAIN USE , BUILDING , OR STRUCTURE , shall mean the use ,
building or structure designed or used as the principal
use , building , or structure on the lot .
2 . 26 MUNICIPALITY, shall mean the Corporation of the Village
of Vienna .
2 . 27 NON-COMPLYING , shall mean that which does not conform,
comply or agree with the regulations of this By-law as
of the date of passing .
2 . 28 NON-CONFORMING , shall mean a use , building or structure
which is not a use , building or structure permitted in
the zone in which the said use , building or structure
is situated .
•,.
2 . 29 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 . 30 OCCUPANCY , shall mean to reside in as owner or tenant
on a permanent or temporary basis .
2 . 31 PERMITTED , shall mean permitted by this By-law .
2 . 32 RESIDENTIAL USE , means the use of a building or
structure or parts thereof as a dwelling .
2 . 33 STOREY , FIRST , shall mean the lowest storey of a
building excluding the basement .
410 2 . 34 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 ) metre in height and
the ceiling with a minimum height of two ( 2 ) metres
over an area equal to at least fifty ( 50 ) percent of
the area of the floor next below .
I
8
2 . 35 STREET or ROAD, shall mean a provincial highway , a
county road , a township road or improved street which
affords the principal means of access to abutting lots
410 but does not include a lane or a private right-of-way .
2 . 36 STREET LINE , shall mean the limit of the street
allowance and is the dividing line between a lot and a
street .
2 . 37 STRUCTURE , shall mean any material , object , or work
WEeFfiri's 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 . 38 USE , when used as a noun , shall mean the purpose for
which any land , building or structure is designed ,
arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
•..
2 . 39 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 industrial use , or
to more than one institutional use , or combination
thereof , situated on separate lots .
2 . 40 YARD, shall mean an open space on the same lot with a
Eirii 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
41Ostructure .
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
9
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure .
410
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 .
•
2 . 41 ZONE , shall mean an area delineated on a Zoning Map or
Schedule , and identified by a Zone Symbol within which
a specific use or group of uses are permitted by this
By- law .
..6
SECTION 3 - ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By- law , the maps hereto
attached as Schedule " A " shall be referred to as the
" Zoning Map " for Part of Block A and Lots 1 and 2 , Plan
54 , East Side of Plank Road , in the Village of Vienna
and will include the following zone :
ZONE SYMBOL
Residential R1
3 . 2 USE OF ZONE SYMBOLS
The symbol listed in subsection 3 . 1 shall be used to
411 refer to land , buildings , and structures and the uses
thereof permitted by this By- law in the said zone .
$ •
N
10
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zone 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
The boundary of the zone is as shown on the Zoning Map
hereto attached as Schedule "A" .
M
SECTION 4 - RESIDENTIAL ( RI ) ZONE REGULATIONS FOR
PART OF BLOCK A AND LOTS 1 AND 2 , PLAN 54 ,
EAST SIDE OF PLANK ROAD , VILLAGE OF VIENNA
4 . 1 PERMITTED USES
a ) Residential Uses
b ) Home Occupations •
c ) Accessory Uses
4 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) One single family detached dwelling on one lot .
b ) Accessory buildings and structures for the
permitted uses .
4 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities are
not available but a municipal water supply system is
available - 800 square metres .
410 4 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities are
not available but a municipal water supply system is
available - 20 metres .
4
i
11
4 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities are
411 not available but a municipal water supply system is
available - 35 metres .
4 . 6 MAXIMUM LOT COVERAGE
30 percent
4 . 7 MINIMUM FLOOR AREA
80 square metres
4 . 8 . MINIMUM FRONT YARD
7 metres
4 . 9 'MINIMUM SIDE YARD
3 metres
4 . 10 MINIMUM REAR YARD
7 metres
4 . 11 ACCESSORY USES
a ) shall not be built closer to the front lot line or
side lot line than the minimum distance required
by this By-law for the main building on the lot ;
b ) shall not be located in the front yard ;
c ) shall not be built closer to the street than the
main building is to that street ;
d ) shall not be built closer than one ( 1 ) metre to
any lot line ;
e ) shall not exceed six ( 6 ) percent coverage of the
total lot area ;
f ) shall not exceed four ( 4 ) metres in height or
contain more than one storey ;
I
12
g ) shall not be built within two ( 2 ) metres of the
main building ;
h ) shall not be considered as an accessory building
if attached to the main building in any way .
4 . 12 HOME OCCUPATIONS
The following provisions shall apply to all home
occupations in the Residential ( Ri ) Zone for Part of
Block A and Lots 1 and 2 , Plan 54 , East Side of Plank
Road , in the Village of Vienna .
a ) there is no outside storage of materials ,
containers , or finished products ;
b ) the character of the dwelling as a private
• residence does not change , or a public nuisance
particularly in regard to noise , traffic or
parking is not created ;
'e9 there is no equipment used , the operation of which
would result in any undue noise , fumes , dust or
odour escaping to any adjoining use ;
d ) there is no external display or advertisement
other than a sign of a maximum size of one half
( 0 . 5 ) square metre ;
e ) does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living
quarters , or forty ( 40 ) square metres whichever is
the lesser and , for greater clarity , such uses
includes the offices or consulting room for a
profession 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
10 room, tourist home , convalescent home , mortuary ,
funeral parlour , dancing shcool , 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
13
THIS By-law comes into force :
( a ) where no notice of objection has been filed with the
village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto ,
upon the expiration of the prescribed time ; or
(b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto ,
upon the approval of the Ontario Municipal Board .
READ a FIRST time this 10th day of November, 1983 .
•,.
READ a SECOND time this 10th day of November; 1983 .
READ a THIRD time and FINALLY PASSED this 10th day of November,
1983 .
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THIS IS SCHEDULE "/At TO
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BY- LAW NO . 786 PASSED
/ . THE 10TH DAY OF NOVEMBER 10
, .
/ . . -.2
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SCHEDULE 2
i ) The purpose of By-law No . 786 is to create zoning standards
410 for application to two lots created via the severance
process in part of Block A and Lots 1 and 2 , East Side of
Plank Road , in the Village of Vienna . The subject lands
consist of a former school property which has been severed
into two parcels . The northern parcel comprises 11 , 870
square metres and contains the old school building , while
the southern parcel comprises 10 , 675 square metres and is
presently vacant . Each of the two lots have been conveyed
to the adjacent property owners to the north and south
respectively .
The effect of this By-law will be to permit the establish-
• went of a single family dwelling on the southern property
and the conversion of the former school building into a
• single family dwelling on the northern property .
ii ) A key map showing the location of the lands to which By-Law
No . 786 applies is attached hereto as Schedule ' A ' .
• • r, •
SCHEDULE 3
STATEMENT OF CONFORMITY
TO THE OFFICIAL PLAN FOR THE
EAST ELGIN PLANNING AREA
I , Violet L . Petrie , the Clerk of the Corporation of the Village
of Vienna , have reviewed By-law No . 786 of the Corporation of the
Village of Vienna .
I am in the opinion that :
X The By-law is in conformity with the Official Plan in
effect for the East Elgin Planning Area .
046
The Official Plan in effect for the East Elgin Planning
Area does not contain provisions that apply to land which
this By-law applies .
CLERK
•
ift 41,
FORM 1
PIANNIN6 ACT , 1983
(941/
NOTICE OF THE PASSING
OF A ZONING BY-LAN BY
THE CORPORATION OF
THE YIlLA6E OF VIENNA
TAKE NOTICE THAT THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF VIENNA PASSED BYLAW NO . 7S6 ON THE LOTH DAY OF NOVEMBER , 1983
UNDER SECTION 34 OF THE PLANNIN6 ACT; 1983 •
AMD TAKE NOTICE THAT ANY PERSON OR AGENCY MAY APPEAL TO THE
ONTARIO MUNICIPAL BOARD IN RESPECT OF THE BYLAW BY FILING WITH
THE CLERKTHE VILLAGE OF VIENNA NOT LATER THAN THE 16TH DAY OF
DECEMBER , QF
83 , A NOTICE OF APPEAL SETTING OUT THE OBJECTION TO
THE BY -LAW AND THE REASONS IN SUPPORT OF THE OBJECTION •
AN EXPLANATION OF THE PURPOSE AND EFFECT OF THE BY-LAW , DESCRIB-
ING THE LANDS TO WHICH THE BYLAW APPLIES , AND A KEY MAP SHOWING
THE LOCATION OF THE LANDS TO WHICH THE BY-LAW APPLIES ( OR , ALTER '
NATIVELY , AN EXPLANATION AS TO WHY A KEY MAP IS NOT PROVIDED ARE
ATTACHED . THE COMPLETE BY-LAW IS AVAILABLE FOR INSPECTION IN MY
OFFICE DURING REGULAR OFFICE HOURS .
•
DATED AT THE VILLAGE OF VIENNA THIS 10TH DAY OF NOVEMBER , 1983 .
MRS • VIOLET PETRIE
CLERK
VILLAGE OF VIENNA
sox 160
STRAFFORDVILLE , ONTARIO
NOJ 1YO
• r
SCHEDULE 1
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAK NO. 787
• Being a By-law to Regulate the use of Land, Buildings and
Structures on Part of Lots 12 , 13 , 14 , 15 , 16 and 17 , Plan
411 54, West Side of Centre Street, in the Village of Vienna .
WHEREAS Council of the Corporation of the Village of Vienna has
deemed it advisable to develop zoning standards for certain
properties in the municipality ;
NOM THEREFORE, the Council of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By-law shall apply to all lands ,
buildings and structures within the boundaries of Part
"' of Lots 12 , 13 , 14 , 15 , 16 and 17 , Plan 54 , West Side
of Centre Street , in the Village of Vienna as shown on
Schedule ' A ' attached to and forming part of this
By-law .
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Part
of Lots 12 , 13 , 14 , 15 , 16 and 17 , Plan 54 , West Side
of Centre Street except in conformity with the
provisions of this By-law .
1 . 3 ADMINISTRATION
This By-law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
41O 1 . 4 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the municipality under
the Planning Act , 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 .
•
I
2
1 . 5 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any per-
410 son from the obligation to comply with the requirements
of any other By- law of the Municipality in force from
time to time or the obligation to obtain any licence ,
permit , authority , or approval required under any
By-law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By-law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By-law
shall not be affected .
SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building , or structure
'that is normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and ,� --
-- that is located on the same lot as the main use ,
building or structure .
2 . 2 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 . 3 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 .
411
2 . 4 BASEMENT , shall mean that portion of a building between
IVE77"554 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 .
I
3
2 . 5 BUILDING , shall include any structure whether temporary
or permanent , used or intended for sheltering any use
or occupancy but shall not include boundary wall ,
411 fence , travel trailer , camping trailer , truck camper ,
motor home or tent .
2 . 6 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or other structures may be
erected , used , and maintained .
2 . 7 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 . 8 CELLAR , shall mean that portion of a building between
two oor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade
around the exterior of a dwelling .
.41
2 . 9 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 ( 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 structures erected or permitted to be
erected on the lot ( 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 and
chimneys but excluding uncovered terraces .
2 . 10 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not111
include hotels ; boarding houses , rooming houses ;
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters .
4
•
•
4
2 . 11 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
410 partition and the addition of sanitary facilities and
cooking facilities into more than one dwelling unit .
2 . 12 DWELLING , SINGLE-FAMILY DETACHED , shall mean a building
designed , intended and/or used for occupancy by not
more than one family .
2 . 13 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 .
2 . 14 VRECT , shall include build , construct , reconstruct ,
iTITE" and relocate and , not to limit the generality of
the foregoing , shall be taken to include any prelimin-
ary physical operation such as excavating , grading ,
piling , cribbing , filling or draining , and the struc-
tural alteration of any existing building or structure
by an addition , deletion , enlargement or extension .
2 . 15 EXISTING , shall mean existing as of the date of passing
TiFINEW7w- law .
2 . 16 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
received their lodging and/or board for compensation ,
exclusive of domestic help , occupying a dwelling unit .
410 2 . 17 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 , basement ,
garage , verandah , porch or sunroom unless such enclosed
porch and 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 ) metres .
•
5
2 . 18 GARAGE , PRIVATEt 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
410 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 . 19 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
.46
having a slope of less than twenty ( 20 ) degrees
with the horizontal shall be considered a flat
roof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
and b ) immediately preceding .
The height regulations shall not apply to any orna-
mental dome , skylight , chimney , tower , storage silo ,
elevator enclosure , flag pole or antennae , cupola ,
steeple , or church spire .
2 . 20 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 .
411 2 . 21 HOME OCCDPATION , AGRICULTURAL , shall mean an occupation
conducted 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 .
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2 . 22 LIVESTOCK , shall mean farm animals kept for use , for
Fic-FaTatron or intended for profit and without limiting
the generality of the foregoing , includes dairy and
410 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 .
2 . 23 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 registered plan of
subdivision which has been deemed not to be a
registered plan of subdivision by a by-law passed
pursuant to the Planning Act , as amended or revised
from time to time .
2 . 24 LOT AREA , shall mean the total horizontal area within
TETTOT-lines of a lot , except in the case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
2 . 25 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 . 26 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
410 line joining the centre of the front and the centre of
the rear lot lines at a point six ( 6 ) 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 and a point six ( 6 ) metres back from the
front lot line .
7
2 . 27 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
Seemed to be the rear lot line . In case each of
such lot lines should be of equal length , the
front lot line shall be deemed to be the front lot
line as established in the block by prior
construction .
13') Rear lot line shall mean the lot line farthest
4 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
lineas established by prior construction .
c ) Side lot line shall mean a lot line other than a
front or rear lot line .
2 . 28 MAIN USE , BUILDING , OR STRUCTURE , shall mean the use ,
building or structure designed or used as the principal
use , building , or structure on the lot .
2 . 29 MUNICIPALITY , shall mean the Corporation of the Village
of Vienna .
2 . 30 NON-COMPLYING , shall mean that which does not conform,
comply or agree with the regulations of this By-law as
410 of the date of passing .
2 . 31 NON-CONFORMING , shall mean a use , building or structure
which is not a use , building or structure permitted in
the zone in which the said use , building or structure
is situated .
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2 . 32 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 . 33 OCCUPANCY , shall mean to reside in as owner or tenant
on a permanent or temporary basis .
2 . 34 PERMITTED , shall mean permitted by this By-law .
2 . 35 RESIDENTIAL USE , means the use of a building or
structure or parts thereof as a dwelling .
2 . 36. STOREY , FIRST , shall mean the lowest storey of a
building excluding the basement .
2 . 37 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 ) metre in height and
the ceiling with a minimum height of two ( 2 ) metres
over an area equal to at least fifty ( 50 ) percent of
the area of the floor next below .
2 . 38 STREET or ROAD , shall mean a provincial highway , a
county road , a township road or improved street which
affords the principal means of access to abutting lots
but does not include a lane or a private right-of-way .
. 2 . 39 STREET LINE , shall mean the limit of the street
allowance and is the dividing line between a lot and a
street .
2 . 40 STRUCTURE , shall mean any material , object , or work
WETETW7Tis 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
410 pool .
2 . 41 USE , when used as a noun , shall mean the purpose for
rch any land , building or structure is designed ,
arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
9
2 . 42 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 industrial use , or
to more than one institutional use , or combination
thereof , situated on separate lots .
2 . 43 YARD , shall mean an open space on the same lot with a
maw building or structure unoccupied and unobstructed
except as otherwise provided in this By-law .
a ) FRONT YARD , shall mean a yard extending across the
? i1TIdth 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 ) SIDEYARD , 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 structuro .
d ) SIDE YARD , EXTERIOR, shall mean a side yard
immediately adjacent to a public street .
2 . 44 ZONE , shall mean an area delineated on a Zoning Map or
INUndule , and identified by a Zone Symbol within which
a specific use or group of uses are permitted by this
By-law .
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SECTION 3 - ZONES AND ZONING MAP
11 3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By-law, the map hereto
attached as Schedule "A" shall be referred to as the
" Zoning Map" for Part of Lots 12 , 13 , 14 , 15 , 16 and
17 , Plan 54 , West Side of Centre Street , in the Village
of Vienna and will include the following zone :
ZONE SYMBOL
Special Agricultural A-i
3 . 2 USE OF ZONE SYMBOLS
The symbol listed in subsection 3 . 1 shall be used to
refer to land , buildings , and structures and the uses
thereof permitted by this By-law in the said zone .
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zone 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
The boundary of the zone is as shown on the Zoning Map
o
hereto attached as Schedule "A" .
SECTION 4 - SPECIAL AGRICULTURAL ( A- 1 ) ZONE REGULATIONS FOR
PART OF LOTS 12 ; 13 , 14 , 15 , 16 AND 17 , PLAN 54 ,
WEST SIDE OF CENTRE STREET ; VILLAGE OF VIENNA
4 . 1 PERMITTED USES
a ) agricultural uses
b ) existing residential uses
c ) home occupations
d ) agricultural home occupations
e ) accessory uses
11
4 . 2 PROHIBITED USES
Any livestock agricultural uses including feedlots ,
411 piggeries , poultry farms , mushroom farms , dog kennels ,
and farms for the raising of horses , mink , rabbits ,
goats and sheep shall be prohibited .
4 . 3 PERMITTED BUILDINGS AND STRUCTURES
a ) agricuEural buildings and structures including one
( 1 ) single family detached dwelling accessory
thereto
b ) existing single family detached dwellings
c ) accessory buildings in connection with the
permitted uses .
4 . 4 MINIMUM LOT AREA
existing lot areas as of the date of passing of this
'by-law .
4 . 5 YARD REGULATIONS
existing yards related to the main uses of each lot as
of the date of passing of this By-law .
4 . 6 ACCESSORY USES
a ) shall not be built closer to the front lot line or
side lot line than the minimum distance required
by this By-law for the main building on the lot ;
b ) shall not be located in the front yard ;
c ) shall not be built closer to the street than the
main building is to that street ;
d ) shall not be built closer than one ( 1 ) metre to
410 any lot line ;
e ) shall not exceed six ( 6 ) percent coverage of the
total lot area ;
f ) shall not exceed four ( 4 ) metres . in height or
contain more than one storey ;
•
12
g ) shall not be built within two ( 2 ) metres of the
main building ;
10 h ) shall not be considered as an accessory building
if attached to the main building in any way .
4 . 7 HOME OCCUPATIONS
The following provisions shall apply to all home
occupations in the Special Agricultural ( A-' l ) Zone for
Part of Lots 12 , 13 , 14 , 15 , 16 , and 17 , Plan 54 , West
Side of Centre Street , in the Village of Vienna .
a ) there is no outside storage of materials ,
containers ; or finished products ;
b ) the character of the dwelling as a private
residence does not change , or a public nuisance
particularly in regard to noise , traffic or
parking is not created ;
. ) there is no equipment used , the operation of which
would result in any undue noise , fumes , dust or
odour escaping to any adjoining use ;
d ) there is no external display or advertisement
other than a sign of a maximum size of one half
( 0 . 5 ) square metre ;
e ) does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living
quarters , or forty ( 40 ) square metres whichever is
the lesser and , for greater clarity , such uses
includes the offices or consulting room for a
profession such as a physician , dentist ,
chiropractor , lawyer , engineer , accountant ,
teacher, musical instruotor 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
10 room , tourist home , convalescent home , mortuary ,
funeral parlour , dancing shcool , 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 .
13
THIS By-law comes into force :
( a ) where no notice of objection has been filed with the
' Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto,
upon the expiration of the prescribed time ; or
(b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto ,
upon the approval of the Ontario Municipal Board .
READ a FIRST time this 10th day of November, 1983 .
Oft
READ a SECOND time this 10th day of November , 1983 .
READ a THIRD time and FINALLY PASSED this 10th day of November,
1983 .
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0
SCHEDULE 2
i ) The purpose of By-law No . 787 is to create zone standards
410 for lands located in Part of Lots 12 , 13 , 14 , 15 , 16 and 17 ,
Plan 54 , West Side of Centre Street , in the Village of
Vienna . The subject lands include two irregularly shaped
lots recently created via the severance process . Each of
these lots contains an existing single family detached
dwelling as well as existing agricultural uses .
The effect of this By- law will be to recognize the existing
land uses and lot configurations of the subject lands .
Further attempts to sever and convey any part of the subject
lands or to change the existing use of the subject lands
will , therefore , require an amendment to this By- law .
ii ) A key map showing the location of the lands to which By-Law
No . 787 applies is attached hereto as Schedule ' A ' .
d
SCHEDULE 3
STATEMENT OF CONFORMITY
410 TO THE OFFICIAL PLAN FOR THE
EAST ELGIN PLANNING AREA
1 , Violet L . Petrie , the Clerk of the Corporation of the Village
of Vienna , have reviewed By- law No . 787 of the Corporation of the
Village of Vienna .
I am in the opinion that :
X The By- law is in conformity with the Official Plan in
effect for the East Elgin Planning Area .
The Official Plan in effect for the East Elgin Planning
Area does not contain provisions that apply to land which
this By- law applies .
7
1 ...4.24LAJL.,
CLERK
FORM 1
PLANNING ACT , 1983
NOTICE OF THE PASSING
OF A ZONING BY .LAW BT
THE CORPORATI011 OF
THE VILLAGE OF VIENNA
TAKE NOTICE THAT THE COUNCIL OF THE CORPORATION OF THE YIILAGE
OF VIENNA PASSED BY -LAW NO . 7H7 ON THE LOTH DAY OF NOVEMBER , 1983
UNDER SECTION 34 OF THE PLANNING ACT , 1953 •
AND TAKE NOTICE THAT ANY PERSON OR AGENCY MAY APPEAL TO THE
ONTARIO MUNICIPAL BOARD IN RESPECT OF THE BY -LAW BY FILING WITH
THE CLERK 41F THE VIIIAGE OF VIENNA NOT LATER THAN THE 16TH DAY OF
DECEMBER , 1y83 , A NOTICE OF APPEAL SETTING OUT THE OBJECTION TO
THE BY -LAW AND THE REASONS IN SUPPORT OF THE 08JECTION •
AN EXPLANATION OF THE PURPOSE AND EFFECT OF THE BY -LAW , DESCRIB-
ING THE LANDS TO WHICH THE BYLAW APPLIES , AND A KEY MAP SHOWING
THE LOCATION OF THE LANDS TO WHICH THE BY -LAW APPLIES (oR , ALTER -
NATIVELY ,
LTERNATIVELY . AN EXPLANATION AS TO WHY A KEY MAP IS NOT PROVIDED ) ARE
ATTACHED . THE COMPLETE BY-LAN IS AVAILABLE FOR INSPECTION IN MY
OFFICE DURING REGULAR OFFICE HOURS .
DATED AT THE VILLAGE OF VIENNA THIS LOTH DAY OF NOVEMBER , 1983 .
MRS . VIOLET PETRIE
CLERK
VILLAGE OF VIENNA
410 sox 160
STRAFFORDVILLE , ONTARIO
NOJ 1YO
SCHEDULE 1
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO. 787
• Being a By-law to Regulate the use of Land , Buildings and
Structures on Part of Lots 12, 13 , 14, 15 , 16 and 17 , Plan
54 , West Side of Centre Street, in the Village of Vienna .
WHEREAS Council of the Corporation of the Village of Vienna has
deemed it advisable to develop zoning standards for certain
properties in the municipality ;
NOW THEREFORE , the Council of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By- law shall apply to all lands ,
buildings and structures within the boundaries of Part
of Lots 12 , 13 , 14 , 15 , 16 and 17 , Plan 54 , West Side
of Centre Street , tn the Village of Vienna as shown on
Schedule ' A " attached to and forming part of this
By- law .
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Part
of Lots 12 , 13 , 14 , 15 , 16 and 17 , Plan 54 , West Side
of Centre Street except in conformity with the
provisions of this By- law .
1 . 3 ADMINISTRATION
This By- law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
1 . 4 REPEAL OF EXISTING BY-LAWS
All previous by- laws passed by the municipality under
the Planning Act , 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 .
2
1 . 5 APPLICATION OF OTHER BY-LAWS
Nothing in this By- law shall serve to relieve any per-
son from the obligation to comply with the requirements
of any other By- law of the Municipality in force from
time to time or the obligation to obtain any licence ,
permit , authority , or approval required under any
By- law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By- law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By-law
shall not be affected .
SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building , or structure
'that is normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and
that is located on the same lot as the main use ,
building or structure .
2 . 2 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 . 3 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 . 4 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 .
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2 . 5 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 . 6 BUILDING AREA , shall mean the area of a lot within
w1ich permitted buildings or other structures may be
erected , used , and maintained .
2 . 7 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 . 8 CELLAR , shall mean that portion of a building between
WiTTroor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade
around the exterior of a dwelling .
2 . 9 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 ( 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 structures erected or permitted to be
erected on the lot ( 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 and
chimneys but excluding uncovered terraces .
2 . 10 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding houses , rooming houses ,
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters .
4
2 . 11 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 . 12 DWELLING , SINGLE- FAMILY DETACHED , shall mean a building
designed , intended and/or used for occupancy by not
more than one family .
2 . 13 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 .
2 . 14 21RECT , shall include build , construct , reconstruct ,
a ter and relocate and , not to limit the generality of
the foregoing , shall be taken to include any prelimin-
ary physical operation such as excavating , grading ,
piling , cribbing , filling or draining , and the struc-
tural alteration of any existing building or structure
by an addition , deletion , enlargement or extension .
2 . 15 EXISTING , shall mean existing as of the date of passing
177ERTIThy- law .
2 . 16 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
received their lodging and/or board for compensation ,
exclusive of domestic help , occupying a dwelling unit .
2 . 17 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 , basement ,
garage , verandah; porch or sunroom unless such enclosed
porch and 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 ) metres .
0
5
2 . 18 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 . 19 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 saves , provided that such roof
having a slope of less than twenty ( 20 ) degrees
with the horizontal shall be considered a flat
roof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
and b ) immediately preceding .
The height regulations shall not apply to any orna-
mental dome , skylight , chimney , tower , storage silo ,
elevator enclosure , flag pole or antennae , cupola ,
steeple , or church spire .
2 . 20 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 . 21 HOME OCCUPATION , AGRICULTURAL , shall mean an occupation
conducted 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 .
6
2 . 22 LIVESTOCK , shall mean farm animals kept for use , for
gropagat on 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 .
2 . 23 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 registered plan of
subdivision which has been deemed not to be a
registered plan of subdivision by a by-law passed
pursuant to the Planning Act , as amended or revised
from time to time .
2 . 24 LOT AREA , shall mean the total horizontal area within
TETTa-lines of a lot , except in the' case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
2 . 25 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 . 26 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 ) 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 and a point six ( 6 ) metres back from the
front lot line .
i •
2 . 27 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 be the rear lot line . In case each of
such lot lines should be of equal length , the
front lot line shall be deemed to be the front lot
line as established in the block by prior
construction .
Vr) 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 . 28 MAIN USE , BUILDING , OR STRUCTURE , shall mean the use ,
building or structure designed or used as the principal
use , building , or structure on the lot .
2 . 29 MUNICIPALITY , shall mean the Corporation of the Village
of Vienna .
2 . 30 NON-COMPLYING , shall mean that which does not conform ,
comply or agree with the regulations of this By-law as
of the date of passing .
2 . 31 NON-CONFORMING , shall mean a use , building or structure
which is not a use , building or structure permitted in
the zone in which the said use , building or structure
4 is situated .
0
8
2 . 32 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 . 33 OCCUPANCY , shall mean to reside in as owner or tenant
on a permanent or temporary basis .
2 . 34 PERMITTED , shall mean permitted by this By- law .
2 . 35 RESIDENTIAL USE , means the use of a building or
structure or parts thereof as a dwelling .
2 . 36 STOREY , FIRST , shall mean the lowest storey of a
building excluding the basement .
2 . 37 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 ) metre in height and
the ceiling with a minimum height of two ( 2 ) metres
over an area equal to at least fifty ( 50 ) percent of
the area of the floor next below .
2 . 38 STREET or ROAD , shall mean a provincial highway , a
county road , a township road or improved street which
affords the principal means of access to abutting lots
but does not include a lane or a private right-of-way .
. 2 . 39 STREET LINE , shall mean the limit of the street
allowance and is the dividing line between a lot and a
street .
2 . 40 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 . 41 USE , when used as a noun , shall mean the purpose for
iTch any land , building or structure is designed ,
arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
I
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2 . 42 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 industrial use , or
to more than one institutional use , or combination
thereof , situated on separate lots .
2 . 43 YARD , shall mean an open space on the same lot with a
ii731717 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 .
2 . 44 ZONE , shall mean an area delineated on a Zoning Map or
Schedule , and identified by a Zone Symbol within which
a specific use or group of uses are permitted by this
By- law .
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SECTION 3 - ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By- law , the map hereto
attached as Schedule " A" shall be referred to as the
" Zoning Map " for Part of Lots 12 , 13 , 14 , 15 , 16 and
17 , Plan 54 , West Side of Centre Street , in the Village
of Vienna and will include the following zone :
ZONE SYMBOL
Special Agricultural A- 1
3 . 2 USE OF ZONE SYMBOLS
The symbol listed in subsection 3 . 1 shall be used to
refer to land , buildings , and structures and the uses
thereof permitted by this By-law in the said zone .
•i
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zone 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
The boundary of the zone is as shown on the Zoning Map
hereto attached as Schedule " A " ,
SECTION 4 - SPECIAL AGRICULTURAL ( A- 1 ) ZONE REGULATIONS FOR
PART OF LOTS 12 , 13 , 14 , 15 , 16 AND 17 , PLAN 54 ,
WEST SIDE OF CENTRE STREET , VILLAGE OF VIENNA
: . 1 PERMITTED USES
a ) agricultural uses
b) existing 'residential uses
c ) home occupations
d ) agricultural home occupations
e ) accessory uses
I
f
11
4 . 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 .
4 . 3 PERMITTED BUILDINGS AND STRUCTURES
a ) a ricu�tural buildings and structures includingone
9 g
( 1 ) single family detached dwelling accessory
thereto
b ) existing single family detached dwellings
c ) accessory buildings in connection with the
permitted uses .
4 . 4 MINIMUM LOT AREA
existing lot areas as of the date of passing of this
4 . 5 YARD REGULATIONS
existing yards related to the main uses of each lot as
of the date of passing of this By- law .
4 . 6 ACCESSORY USES
a ) shall not be built closer to the front lot line or
side lot line than the minimum distance required
by this By- law for the main building on the lot ;
b ) shall not be located in the front yard ;
c ) shall not be built closer to the street than the
main building is to that street ;
d ) shall not be built closer than one ( 1 ) metre to
any lot line ;
e ) shall not exceed six ( 6 ) percent coverage of the
total lot area ;
f ) shall not exceed four ( 4 ) metres in height or
contain more than one storey ;
I
12
g ) shall not be built within two ( 2 ) metres of the
main building ;
h ) shall not be considered as an accessory building
if attached to the main building in any way .
4 . 7 HOME OCCUPATIONS
The following provisions shall apply to all home
occupations in the Special Agricultural ( Al )- Zone for
Part of Lots 12 , 13 , 14 , 15 , 16 , and 17 , Plan 54 , West
Side of Centre Street , in the Village of Vienna .
a ) there is no outside storage of materials ,
containers , or finished products ;
b ) the character of the dwelling as a private
residence does not change . or a public nuisance
particularly in regard to noise , traffic or
parking is not created ;
there is no equipment used , the operation of which
would result in any undue noise , fumes , dust or
odour escaping to any adjoining use ;
d ) there is no external display or advertisement
other than a sign of a maximum size of one half
( 0 . 5 ) square metre ;
e ) does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living
quarters , or forty ( 40 ) square metres whichever is
the lesser and , for greater clarity , such uses
includes the offices or consulting room for a
profession 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 shcool , 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 .
$ S
13
THIS By- law comes into force :
( a ) where no notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto,
upon the expiration of the prescribed time ; or
(b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant thereto ,
upon the approval of the Ontario Municipal Board .
READ a FIRST time this 10th day of November , 1983 .
-ft
READ a SECOND time this 10th day of November , 1983 .
READ a TH I RD time and F I Y PASSED this 10th day of Novembe r ,
1983 .
REEVE CLERK
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VILLAGE OF VIENNA SCHEDULE .,,AT
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THIS IS S "A" TO
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i .,
. /. BY- LAW NO . 787 PASSED
/ i
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/ .i THE 10TH DAY OFNOVEMBER 1983 .
. / ".
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1 ,L_ i REEVE
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LLERK
•
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SCHEDULE 2
i ) The purpose of By-law No . 787 is to create zone standard
for lands located in Part of Lots 12 , 13 , 148 15 , 16 and 17 ,
Plan 54 , West Side of Centre Street , in the Village of
Vienna . The subject lands include two irregularly shaped
lots recently created via the severance process . Each of
these lots contains an existing single family detached
dwelling as well as existing agricultural uses .
The effect of this By-law will be to recognize the existing
land uses and lot configurations of the subject lands .
Further attempts to sever and convey any part of the subject
lands or to change the existing use of the subject lands
will , therefore , require an amendment to this By-law .
ii ) A key map showing the location of the lands to which By-Law
No . 787 applies is attached hereto as Schedule ' A ' .
•.,
•
•
•
SCHEDULE 3
STATEMENT OF CONFORMITY
TO THE OFFICIAL PLAN FOR THE
EAST ELGIN PIANSINCs AREA
I , Violet L . Petrie , the Clerk of the Corporation of the Village
of Vienna , have reviewed By-law No . 787 of the Corporation of the
Village of Vienna .
I am in the opinion that :
X The By- law is in conformity with the Official Plan in
effect for the East Elgin Planning Area .
The Official Plan in effect for the East Elgin Planning
Area does not contain provisions that apply to land which
this By-law applies .
CLERK
A
•
•
• • I . t
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FORM 1
•
PLANNING ACT , 1983
NOTICE OF THE PASSING
OF A ZONING BY- LAW BY
THE CORPORATION OF
THE VILLAGE OF VIENtIA
TAKE NOTICE THAT THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF VIENNA PASSED BYLAW NO . 787 ON THE LOTH DAY OF NOVEMBER , 1983
UNDER SECTION 34 OF THE PLANNING ACT, 1953•
AND TAKE NOTICE THAT ANY PERSON OR AGENCY MAY APPEAL TO THE
ONTARIO MUNICIPAL BOARD IN RESPECT OF THE BY =LAW BY FILING WITH
THE CLERK !�F THE VILLAGE OF VIENNA NOT LATER THAN THE 16TH DAY OF
DECEMBER , 1y83 , A NOTICE OF APPEAL SETTING OUT THE OBJECTION TO
THE BY -LAW AND THE REASONS IN SUPPORT OF THE OBJECTION .
AN EXPLANATION OF THE PURPOSE AND EFFECT OF THE BYLAW , DESCRIB-
ING THE LANDS TO WHICH THE BYLAW APPLIES , AND A KEY MAP SHOWING
THE LOCATION OF THE LANDS TO WHICH THE BY-LAW APPLIES AOR , ALTER -
NATIVELY , AN EXPLANATION AS TO WHY A KEY MAP IS NOT PROVIDED ARE
ATTACHED . THE COMPLETE BYLAW IS AVAILABLE FOR INSPECTION IN MY
OFFICE DURING REGULAR OFFICE HOURS . •
•
DATED AT THE VILLAGE OF VIENNA THIS LOTH DAY OF NOVEMBER , 1983 .
MRS . VIOLET PETRIE
CLERK
VILLAGE OF VIENNA
Box 160
STRAFFORDYILLE , ONTARIO
NOJ 1YO
THE CORPORATION OF THE
VILLAGE OF VIENNA
BY - LAW NO . 788
BEING a By- law to confirm all actions of the Council of the
Village of Vienna for the year commencing December 1 , 1982
through November 30 , 1983 .
BE IT ENACTED by the Municipal Council of the Corporation
of the Village of Vienna that all actions by the said
Council by by- laws and resolutions for the year commencing
December 1 , 1982 through November 30 , 1983 be and the
same are hereby approved and confirmed .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS
13th . DAY OF December , 1983 .
/4. 4(2-#4.--114 /
. c,
Reeve Clerk
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