The URL can be used to link to this page

Home My WebLink AboutVienna By-Laws 1990 Vienna Village By Laws 41, 01. 1011 1111111111111W 1114111 414111111iiiiP AllOP • By-Laws #90- 01 - 90 - 16 1990 • .. V 1 -4 ......t) re\ m 0 11 ctIf_--igd — lez.ws-*fip--0 i ---•) 10-1 6 ( Pt/ O) — OA Hcf --- O3 J -- 15 -- o4 — I 6. oc ---- o . - - ng . - 09 — 1 o --- f 1 , A THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 9o - / A by-law authorizing The Corporation of the Village of Vienna ( the " Municipality " ) to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment ( the "Crown " ) in the form annexed hereto as Schedule "A" to modify a service agreement ( the " Previous Agreement) with respect to the Provincially-owned water works ( the " Lake Erie Secondary Water Supply System #2 " ) . WHEREAS under Section 7 ( 2 ) and Section 8 of the Ontario Water Resources Act , R . S . O . 1980 , Chapter 361 . the Council of a municipality may by by- law authorize the municipality to enter into an agreement with the Crown for the water worts ; AND WHEREAS an agreement ( the " Previous Agreement " ) was entered into between the Crown and the Municipality on the 23rd day of September 1975 , to supply water to the Municipality from the Lake Erie Secondary Water Supply System # 2 ; AND WHEREAS the net capital cost of the Lake Erie Secondary Water Supply System # 2 in the amount of approximately $ 283 , 838 appearing on the records of the Crown will be reduced to zero by applying a portion of the project ' s surplus balance against the principal outstanding appearing on the records of the Crown ; SO ' AND WHEREAS the iunicipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System # 2 ; - 2 - AND WHEREAS the provisions of the Previous Agreement will remain in force . 4111 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS : 1 ) The Reeve and Clerk are hereby authorized to execute an agreement in the form attached as Schedule ' A ' hereto , which schedule is declared to be and forms part of this By-law . 2 ) The cost for operating the Lake Erie Secondary Water Supply System # 2 is raised by a water service rate � mposed by By-law No . ?c2.Jr . 3 ) This By - law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board . BY-LAW READ A FIRST AND SECOND TIME THIS S DAY OF r;brua r , A . D . 1990. le-X4Lt/Aietli REEVE CLERK BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS g DAY Or 410 rebriAiiri••• A . D . 1990 . _ /4Z4f.C;a0Pri REEVE CLERK MOE PROJECT # 5 - 0087 OMB FILE #E75292 SCHEDULE "A" TO BY-LAW NO . 92, —/ OF THE CORPORATION OF THE VILLAGE OF VIENNA . 410 The Agreement made in four ( 4 ) copies this day of 199 . BETWEE N : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the " Crown" ) OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF VIENNA ( hereinafter called the " Municipality " ) OF THE SECOND PART WHEREAS pursuant to an Agreement ( the " Previous Agreement " ) dated the 23rd day of September 1975 , between the Crown and The Corporation of the Village of Vienna , the Crown proposed to supply water to the Municipality from waterworks ( the " Lake Erie Secondary Water Supply System # 2 ) provided by the Crown ; and ' 41/ WHEREAS the Previous Agreement provides not only for construction and operation of the Tertiary system but also for the supply of water to the Tertiary system from the the Lake Erie Secondary Water Supply System # 2 . - 2 - WHEREAS the amount for capital cost of the Lake Erie Secondary Water Supply System # 2 can now be recovered ; and 410 WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System # 2 ; and WHEREAS it is desirable that the provisions of the Previous Agreement remain in force ; and WHEREAS the Council of the Municipality has passed By- law No . QL / authorizing the Municipality to enter into this Agreement . THE PARTIES HERETO AGREE pursuant to Sections 7 ( 2 ) and 8 of the Ontario Water Resources Act as follows : 1 . The Municipality shall pay to the Treasurer of Ontario and Ministry of Economics ( the Treasurer ) in each year : ( 1 ) all charges in accordance with the provisions of the previous Agreement . (2 ) an amount , calculated on actual water consumption , in each year placed by the Crown to the credit of a reserve account for renewals , replacements , alterations , extensions and contingencies in respect of the said Lake Erie Secondary Water Supply System # 2 ; but not exceeding the amounts specified in Schedule " A " from time to time . 3 _ 2 , ( 1 ) The Crown will establish and maintain a reserve account or accounts for the Lake Erie Secondary Water I/ Supply System # 2 to provide for renewals , replacements , alterations , extensions and contingencies in respect of the Lake Erie Secondary Water Supply System #2 and shall credit such reserve accounts and expend , use , apply , utilize and appropriate therefrom for such purposes such amounts as may , in the opinion of the Crown , be sufficient therefor . ( 2 ) The amounts in any reserve accounts established hereunder may be blended with reserve accounts and other accounts in a consolidated fund or funds which may be held by the Crown and there shall be allocated to any reserve account established hereunder the appropriate share of the earnings of any such fund and the investment thereof having regard to the respective balances from time to time remaining in the fund to the credit of such accounts . 3 ) When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds . 3 . The Municipality authorizes the Crown to apply such portion of the project ' s surplus balance against the principal outstanding recorded in the 10 books of the Crown as may be necessary to reduce the net capital cost to zero . . _ 4 _ 4 . The remainder of the project ' s surplus balance shall be placed in the reserve account referred to in S . 2 . 411 5 . Where the costs for a part of the Lake Erie Secondary Water Supply System # 2 have not been finally determined or where an error is made the Crown , may after consultation with the Municipality , by written notice to the Municipality , alter such part of Schedule " B " as the Crown determines is appropriate or add a new part to such schedule to reflect the final costs or corrections . IN WITNESS WHEREOF the parties have duly executed this Agreement under seal . THE CORPORATION OF THE VILLAGE HER MAJESTY THE QUEEN IN OF VIENNA RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT //lrf-st4fe,444.e/7,G/ c/S REEVE Yier) CLERK MINISTER 41O A Schedule "A" to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and the Corporation of the Village of Vienna 10 DESCRIPTION OF WORKS • 12 " Pipeline from the Elgin Water Works Plant to the Villages of Port Burwell and Vienna . • Elevated storage tank serving the Townships of Malahide , Yarmouth and Bayham . VALUE For Insurance Purposes $ 1 , 497 , 075 RESERVE ACCOUNT $ Maximum * $ Maximum Annual Charge Balance ( all participants ) $ 2 , 034 & * $ 100 , 000 * Municipal contribution calculated on actual water consumption . I/ * * Total annual contributions from all participants $ 10 , 000 . • Schedule " B " to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and The Corporation of the Village of Vienna MINISTRY OF THE ENVIRONMENT Provincial Project No . 5 - 0087 - 68 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS : • Gross Capital Cost $ 1 , 497 , 075 Less : Provincial Asst . - Regular $ 1 , 123 , 036 . Provincial Asst . - Special 43 , 795 1 , 166 , 831 • LOAN AMOUNT $ 330 , 244 . Estimated Cumulative Amortization 46 , 406 • ESTIMATED PRINCIPAL OUTSTANDING AT MARCH 31 / 90 $ 283 , 838 • ESTIMATED SURPLUS TO BE APPLIED TO REDUCE PRINCIPAL OUTSTANDING ( 283 , 838 ) • AMOUNT OWING BY MUNICIPALITY MARCH 31 / 90 0 SURPLUS POSITION • ESTIMATED SURPLUS AT MARCH 31 / 90 $ 391 , 947 Less : Portion applied against Principal 283 , 838 Outstanding at Mach 31 / 90 • ADJUSTED SURPLUS CE10 $ 8 , 109 t I • THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 9n -. i' A by- law authorizing The Corporation of 111 the Village of Vienna ( the " Municipality " ) to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment ( the " Crown " ) in the form annexed hereto as Schedule "A" to modify a service agreement ( the " Previous Agreement ) with respect to the Provincially-owned water works ( the " Lake Erie Secondary Water Supply System # 2 " ) . WHEREAS under Section 7 ( 2 ) and Section 8 of the Ontario Water Resources Act , R . S . O . 19801 Chapter 361 , the Council of a municipality may by by- law authorize the municipality to enter into an agreement with the Crown for the water works ; AND WHEREAS an agreement ( the " Previous Agreement " ) was entered into between the Crown and the Municipality on the 23rd day of September 1975 , to supply water to the Municipality from the Lake Erie Secondary Water Supply System # 2 ; AND WHEREAS the net capital cost of the Lake Erie Secondary Water Supply System # 2 in the amount of approximately $ 283 , 838 appearing on the records of the Crown will be reduced to zero by applying a portion of the project ' s surplus balance against the principal outstanding appearing on the records of the Crown ; AND WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System # 2 ; kyr-. r-.++_q..w.. w.�rr. r++ ��.� - • `--.' _ - __ . -_ 2 AND WHEREAS the provisions of the Previous Agreement will remain in force . 11 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS : 1 ) The Reeve and Clerk are hereby authorized to execute an agreement in the form attached as Schedule ' A ' hereto , which schedule is declared to be and forms part of this By-law , 2 ) The cost for operating the Lake Erie Secondary Water Supply System # 2 is raised by a water service rate imposed by By-law No . vas-- . 3 ) This By-law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board . -rk BY-LAW READ A FIRST AND SECOND TIME THIS o DAY OF robruary_, A . D . 1990 . / j)j2(44"414- 4)11 d REEVE CLERK BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS Y� S DAY OF ribrupr4 , A . D . 1990 . REEVE- CLERK MOE PROJECT # 5 - 0087 OMB FILE #E75292 SCHEDULE "A" TO BY-LAW NO . 9o - / OF THE CORPORATION OF THE VILLAGE OF VIENNA . 1 The Agreement made in four ( 4 ) copies this ,21-4day of 199D . BETWEE N : s ` HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT ( hereinafter called the " Crown " ) OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF VIENNA ( hereinafter called the "Municipality" ) OF THE SECOND PART WHEREAS pursuant to an Agreement ( the " Previous Agreement " ) dated the 23rd day of September 1975 , between the Crown and The Corporation of the Village of Vienna , the Crown proposed to supply water to the Municipality from waterworks ( the " Lake Erie Secondary Water Supply System # 2 ) provided by the Crown ; and WHEREAS the Previous Agreement provides not only for construction and operation of the Tertiary system but also for the supply of water to the Tertiary system from the the Lake Erie Secondary Water Supply System # 2 . • 2 _ WHEREAS the amount for capital cost of the Lake Erie Secondary Water Supply System # 2 can now" be recovered ; and WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System # 2 ; and WHEREAS it is desirable that the provisions of the Previous Agreement remain in force ; and WHEREAS the Council of the Municipality has passed By-law No . 90 -- 1 authorizing the Municipality to enter into this Agreement . THE PARTIES HERETO AGREE pursuant to Sections 7 ( 2 ) and 8 of the Ontario Water Resources Act as follows : 1 . The Municipality shall pay to the Treasurer of Ontario and Ministry of Economics ( the Treasurer ) in each year : ( 1 ) all charges in accordance with the provisions of the previous Agreement . ( 2 ) an amount , calculated on actual water consumption , in each year placed by the Crown to the credit of a reserve account for renewals , replacements , alterations , extensions and contingencies in respect of the said Lake Erie Secondary Water Supply System # 2 ; but not exceeding the amounts specified in • Schedule " A " from time to time . - 3 - 2 . ( 1 ) The Crown will establish and maintain a reserve account or accounts for the Lake Erie Secondary Water 411 Supply System #2 to provide for renewals , replacements , alterations , extensions and contingencies in respect of the Lake Erie Secondary Water Supply System # 2 and shall credit such reserve accounts and expend , use , apply , utilize and appropriate therefrom for such purposes such amounts as may , in the opinion of the Crown , be sufficient therefor . ( 2 ) The amounts in any reserve accounts established hereunder may be blended with reserve accounts and other accounts in a consolidated fund or funds which may be held by the Crown and there shall be allocated to any reserve account established hereunder the appropriate share of the earnings of any such fund and the investment thereof having regard to the respective balances from time to time remaining in the fund to the credit of such accounts . ( 3 ) When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds . 3 . The Municipality authorizes the Crown to apply such portion of the project ' s surplus balance against the principal outstanding recorded in the books of the Crown as may be necessary to reduce 410 the net capital cost to zero . - 4 - 4 . The remainder of the project ' s surplus balance shall be placed in the reserve account referred to in S . 2 . 10 5 . Where the costs for a part of the Lake Erie Secondary Water Supply System # 2 have not been finally determined or where an error is made the Crown , may after consultation with the Municipality , by written notice to the Municipality , alter such part of Schedule " B " as the Crown determines is appropriate or add a new part to such schedule to reflect the final costs or corrections . % IN WITNESS WHEREOF the parties have duly executed this Agreement under seal . THE CORPORATION OF THE VILLAGE HER MAJESTY THE QUEEN IN OF VIENNA RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT iOr! t44444.4W.-1 C/S REEVE CLERK MINISTER 4, d • t Schedule "A" to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and the Corporation of the Village of Vienna 411 DESCRIPTION OF WORKS • 12 " Pipeline from the Elgin Water Works Plant to the Villages of Port Burwell and Vienna . • Elevated storage tank serving the Townships of Malahide , Yarmouth and Bayham . VALUE For Insurance Purposes $ 1 , 497 , 075 RESERVE ACCOUNT $ Maximum * $ Maximum Annual Charge Balance ( all participants ) $ 2 , 034 * * $ 100 , 000 * Municipal contribution calculated on actual water consumption . * * Total annual contributions from all participants !II $ 10 , 000 . 7r Schedule " B " to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and The Corporation of the Village of Vienna MINISTRY OF THE ENVIRONMENT Provincial Project No . 5 -0087 - 68 411 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS : • Gross Capital Cost $ 1 , 497 , 075 Less : Provincial Asst . - Regular $ 1 , 123 , 036 . Provincial Asst . - Special 43 , 795 1 , 166 , 831 • LOAN AMOUNT $ 330 , 244 . Estimated Cumulative Amortization 46 , 406 • ESTIMATED PRINCIPAL OUTSTANDING AT MARCH ' 31 / 90 $ 283 , 838 • ESTIMATED SURPLUS TO BE APPLIED TO REDUCE PRINCIPAL OUTSTANDING ( 283 , 838 ) • AMOUNT OWING BY MUNICIPALITY MARCH 31 /90 0 SURPLUS POSITION • ESTIMATED SURPLUS AT MARCH 31 / 90 $ 391 , 947 Less : Portion applied against Principal 283 , 838 Outstanding at Ma _-ch 31 /90 411 • ADJUSTED SURPLUS BALANCE $ 108 , 109 • • 17 (pT MOE PROJECT # 5-0087/6 - 02040 - 90 10 • OMB FILE #E75292 & tE 900312 Nk)G • • SCHEDULE "A" TO"V-LAW NO . 90-1 OF THE CORPORATION OF THE VILLAGE OF VIENNA . 4f The Agreement made in four ( 4 ) copies this4K --, day of 14( ,(.47 , 1990 . BETWEE N : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT ( hereinafter called the " Crown " ) OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF VIENNA (hereinafter called the "Municipality" ) OF THE SECOND PART WHEREAS pursuant to an Agreement ( the " Previous Agreement" ) dated the 23rd day of September 1975 , between the Crown and The Corporation of the Village of Vienna , the Crown proposed to supply water to the Municipality from waterworks ( the "Lake Erie Secondary Water Supply System #2 ) provided by the Crown ; and I/ WHEREAS the Previous Agreement provides not only for construction and operation of the Tertiary system but also for the supply of water to the Tertiary system from the the Lake Erie Secondary Water Supply System #2 . S - 2 -- WHEREAS the amount for capital cost of the Lake Erie Secondary Water Supply System # 2 can now be recovered ; and 111 WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System # 2 ; and WHEREAS it is desirable that the provisions of the Previous Agreement remain in force ; and WHEREAS the Council of the Municipality has passed By-law No . 90 -1 authorizing the Municipality to enter into this Agreement . THE PARTIES HERETO AGREE pursuant to Sections 7 ( 2 ) and 8 of the Ontario Water Resources Act as follows : 1 . The Municipality shall pay to the Treasurer of Ontario and Ministry of Economics ( the Treasurer ) in each year : ( 1 ) all charges in accordance with the provisions of the previous Agreement . ( 2 ) an amount , calculated on actual water consumption , in each year placed by the Crown to the credit of a reserve account for renewals , replacements , alterations , extensions and contingencies in respect of the said Lake Erie Secondary Water Supply System #2 ; but not exceeding the amounts specified in Schedule "A" from time to time . 3 - 2 . ( 1 ) The Crown will establish and maintain a reserve account or accounts for the Lake Erie Secondary Water Supply System # 2 to provide for renewals , replacements , alterations , extensions and contingencies in respect of the Lake Erie Secondary Water Supply System #2 and shall credit such reserve accounts and expend , use , apply , utilize and appropriate therefrom for such purposes such amounts as may , in the opinion of the Crown , be sufficient therefor . ( 2 ) The amounts in any reserve accounts established hereunder may be blended with reserve accounts and other accounts in a consolidated fund or funds which maybe held by the Crown and there shall be allocated to any reserve account established hereunder the appropriate share of the earnings of any such fund and the investment thereof having regard to the respective balances from time to time remaining in the fund to the credit of such accounts . ( 3 ) When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds . 3 . The Municipality authorizes the Crown to apply such portion of the project ' s surplus balance against the principal outstanding recorded in the books of the Crovin as may be necessary to reduce the net capital cost to zero . S • • ti 4 t 4 . The remainder of the project ' s surplus balance shall be placed in the reserve account referred to in S . 2 . 110 5 . Where the costs gor a part of the Lake Erie Secondary Water Supply System #2 have not been finally determined or where an error is made the Crown , may after consultation with the Municipality , by written notice to the Municipality . alter such part of Schedule " B" as the Crown determines is appropriate or add a new part to such schedule to reflect the final costs or corrections . IN WITNESS WHEREOF the parties have duly executed this Agreement under seal . THE CORPORATION OF THE VILLAGE HER MAJESTY THE QUEEN IN OF VIENNA RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT cis REEVE 47,10\e- ; S44'4.."*. 34'41 CLERK MINIS Schedule "A" to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and the Corporation of the Village of Vienna DESCRIPTION OF WORKS • 12 " Pipeline from the Elgin Water Works Plant to the Villages of Port Burwell and Vienna . • Elevated storage tank serving the Townships of Malahide , Yarmouth and Bayham . VALUE For Insurance Purposes $ 1 , 497 , 075 RESERVE ACCOUNT $ Maximum * $ Maximum Annual Charge Balance ( all participants ) . $ 2 , 034 * * $ 100 , 000 * Municipal contribution calculated on actual water consumption . * * Total annual contributions from all participants $ 10 , 000 . • • Schedule " B " to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and The Corporation of the Village of Vienna MINISTRY OF THE ENVIRONMENT Provincial Project No . 5 -0087 - 68 111 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS : • Gross Capital Cost $ 1 , 497 , 075 Less : . Provincial Asst . - Regular $ 1 , 123 , 036 . Provincial Asst . - Special 43 , 795 1 , 166 , 831 • LOAN AMOUNT $ 330 , 244 Estimated Cumulative Amortization 46 , 406 • ESTIMATED PRINCIPAL OUTSTANDING AT MARCH 31 /90 $ 283 , 838 • ESTIMATED SURPLUS TO BE APPLIED TO REDUCE PRINCIPAL OUTSTANDING ( 283 , 838 ) • AMOUNT OWING BY MUNICIPALITY MARCH 31 / 90 0 SURPLUS POSITION • ESTIMATED SURPLUS AT MARCH 31/90 $ 391 , 947 Less : Portion applied against Principal 283 , 838 Outstanding at Mach 31 / 90 • ADJUSTED SURPLUS BALANCE $ 108 , 109 ' Ministry MinistLre of the de � Environment I'Environn : - �� Ontario '� ,, ••1* 135 St Clair Avenue West 135 avenue St Clair ouest ••• Suite 100 Bureau 100 ,•• Toronto, Ontario Toronto (Ontario) M4V 1 P5 M4V 1 P5 July 25 , 1990 Ms . L . Millard Clerk-Treasurer Village of Vienna P . O . Box 133 29 Front Street Vienna , Ontario NOJ 1ZO Dear Ms Millard : Re : Port Burwell ( Secondary ) Water Works System Municipal Project # 6 - 2020 - 90 ( Formerly Provincial Project # 5 - 0087 ) Agreement We are pleased to enclose one ( 1 )' fully executed copy of the agreement pertaining to the Port Burwell ( Secondary ) Water Works System . Sincerely , 4.**1.--w/ G r t ' Margaret Geldart Sr Field Services Officer Capital Management Section Financial and Capital Management Branch Encl . i .firt i • . , . • 7 r • v: • T • TC i rescril tariff of fees , ir. 1�L. 1 •is J :j i �1� +'• + acccrd4r ce with Section GR of The rZ anninr 7k..7*- 19P3 , fr r t;rccessiw� of i? ? icai:! crs naep in respect o; , 1 an nirq :natters . `'; i.. C. CL :.0 IL cr ccrrou TIm or `_= ' I LLAC ' Or VIEaAA I:FFEf3Y ENACTS T u : SAID rC F'S PS rrT T (-14 c 1 ) i f.'? lication fee for an f f f iri &, Pl ,'r z enerent $ 5n ' , -, n 2 ) Applica tics fee fcr z "r%ninq Cy- ! aw knenemen t 5n ^ . 12 3 ) t iql lica tier: fee ''(-1r a ! "iron 50n . r; .. 1 ) : 1 ►� f4 (iJ,� X11■ i .% INC A IW-Li :; TO ; rescria tariff of fees , ir• accc'rdance with Section 6S of '`:e F ' ennina Act 1963 , 416 fcr i rc'cessinc of al- 21 .icaticns nnaer! ? " rr spect of elannirc matters . Cr THE C C FP o PP.T I CN OF TH7 V I I,LAG E c r VIEii A IIT P.EtI• Y ENACTS Tar r SAIL FTFS r. (`T I ov'c 1 ) 1.pp ?icatien fee for an C ' fic- i 1 1, 37n \" enC:-ent $ 50f1 . r? 1 2 ) AiJilicatien f'c fcr a ". "nin By- ' ow ' ; mencrnent 5 _n . 1 ^ 3 ) keplicatioll fee for a "iror /7arian .- , 51n . r, n 4 ) lea: Iicatior. fee tc enter intfi neg. - titiors leas in' tc a develrcrcnt agreement ? _ Sri , n : .Then e : .irrr Variance cr an Amenement to tie Official Plan or Corpre'ertsive . Goninr,j By- law is ; rocesee t and an Onta r i c: R'_uni cipa l Board hearing is rec ui ru t.: , the art I i t_an t ac re e:: t r p a j' an aCeitional fee rf ” 10 , n0 to t' ili- ave of Vi =nna be orr 7ecedinel Me states' fee must he saritted to the Vi13ac7e c f Vienna before the applic ntirr is forwarded to tLc Vi 11aT3 Planner . A PITST , SECONL 71D MITT TIME, , rI' ' AT T 'x A .iI3 CT1: Dt! Y ( F' rEnruArt , 1930 , • • 1 l' '.i::::, crrporkilor OF THE V'T tt!,74.c or vrr'r ,‘ Liv-(Ail Iii 90- 3 r : 1: BEIM C A BY LAW to set tht:? fee:* to •-•n c.I. rgee for gra ri c , ?i cnnses in the t'11 1 ;-)r; e 0.r IVierInn , 1117, cou7icilo rr THE VILLACF; or VI:'gvik Tr7FBV T ACTS the following fee 4chedu3 e : InAl TAGS Thr 1992 and future : -male or slaed fertale a10 . 01 female 1 R . 0 n kennel 71 , no . LCTT RY licenses $ 5 . 00 each ( t'a1 uc ever $200 . ) 2 . 00 each ( value ureter $20n . ) TAX & Z". ING certificates $ 11 , n0 each READ A FIST , S 'CC7ID PAD T! TFD TIP' ANr rrP', T T, ' . PISS: C TUI S ?Ta! ;1z cr "AFCfi 19n0 . c -. \ REM: CLEPK , I.eld." -ts-- (ihry2d...._..... f .,_.__-, f " . . . , , , _ „• . ..,, , .., , i 1 ." i 1 r _ 1 , . 1 , 1 -......e-', 1 i t . [ ' �� T:T.F. Ct`rrrORJ T ICS'i Cr TIM, C " t'I r T"If s t 1 !3LIt;r A Y.- LAw tr : C .- fees t^. z-.,, r. 'larric.e fcr v! tICu' 1icens� l it t1-.. .P vi. 11afle rl ' ienr ;l . TE7 CCTWa L or Thr VILLAcr t 1" virNrift TrnrnY 5 7 :ACTS the fc11c intj fee gchec1ulth t Is y r w T:\GS ler 1191 arc' futur e : ii 'Fill a o •-lac cq- wee female • A4 '471o . on • j f e r a 1 e 1P . 01 !I t t N II ker_rei 7^ , r11 It li1 I 1:C ':1Tr. Zlt'^tis $ 5 , 00 each (value ever $ 2nn , >� 2 . 00 each (value unccr $2rO . ) 11 11 il T7 & 2C I: C; certificate^ $ ^ i each 4 li . --,.Il 11 i 1 li I� REI A :I RsT , SEC;C:•;D F slurp "'I! • T�AN � •, T " - 4 :. II . +� 4 } • tli . 1.7SSED Tnfi STH rAY cr YAFell / 1 ("1 . II 1' �I R r4 il rtI;ti . 7e4//tgir--,-4.1-4rZA-/ 'I 1 --1 t! i 1111 t F 1I .--..r , s ohs 46/eifitAk_ ss\inallepid II t i ' ►; 41 1 10, t � r .. . • i E 1 it .. .. , , I. 1 . . . • 4 1 ‘ 1 • - Nl { , f L I • I41 1 i y 3 E� .► c c : •Pc' T Io:I or 7-TE vI ITrr : . nr V Tr`1N)'+ 3Y4m,LAW NO . 90-- 3 BEIW; A .Y-LAW tr1 sot the fees '_ti ch a gi' for various licenses ir. tha 1'i 1_ lane oVienr. r . THE COUNCIL CIL (F THE V ILLArr Or V nNNTh Ur r AC "_': the following ee c " v c v l e DOG TAGS for 1991 and Future rza _^ or snayed female o ' N TE Ir . 11• • I.CTT2PY licenses $ 5 . 00 each ( value over $ 2nn . ) 2 . 00 each (vaZue under $ 2n1 . ) TAY E. �C::vI"�C certificates $ 1 . o J each } - PEAL A rIR T , s cc':r; nit T7urD Ti.Tirr ANr rr M P'1SSEDT UIS ST:! D1 ? OF FAFCH 19 ") . • REEI?E .. ,12aZetz._ CES.Fr �----� - r, I ._• t+ r'"+ . > ' t-tw• r rr IT • r a •�. r fi'-LAW ` :T`' . 90 .0. 4 BLINn 1. BY-LAW tr sr%t r fee seedulc rertainir7 to water r, stem rr.' .atoc c'3argos • R a THE COt14 C I L OF TW VI ".LAG r Cir. ' I£NNP T1f'. PE!3Y F;NIXTG LS FOLLOWS : 1 ) l n application fee of ” . nn levied for registering new water rye tc r3 with the r unicira1ity . section ( 7 ) of ray- law *gin , 823 is hereby rerea leo'. . 2 ) an aI'r1 icat;en fee of $ 540P e ''rr transferring regi 3trn tf cn of rid » '<-1ter ::Teter cg rec: lents wits the Tr ur.i ci ra l i ty . • 3) an insrection fee (-If $ 30 , 00 ho ieviee fc+r the inspectirn of the installation of a new water r eter in the Vienna Water System h. the Water Commissioner . RLAD A rI PS i. • SECO' c AND M a t t D TIR,i-. )"1P rmALLY I i'S:1LD THIS 8TI1 DAY Cr "1: PCsx 114o, ,?.i::Et ' ` _ee...alW. • S 1 Y-LA►T BEING A LY-LAW to set a fae n ch{ du._e pertain irte- f imp to water system re lP ted charges , 4111 THE COUNCIL NCIL OF TX:: VILL1iGT: (fir. VIr4N iirrEny mkt fi F ;1C 3 AS FOLLOWS : 1 ) -la arp1 .tcz tier. fee of ; enn t 'e / evine f' r registering new water meters with the municiralitlr . Section ( 7 ) of Sy- law Nn . 825 is hereby rerea leC, 2 ) an aj . icatiOn fee of $ 5 . 00 he 1evieca for transferring rogistratilon of old water meter agree".rants with the rrunicirnl ity . 3) ars it sre ctior fee of $ 30 . 00 he l cvieti cr r the inspection of the instal l atir-,n of a nes.•, water meter in the Vier.na Water System !-N" the Water Commissioner . /- READ A FITISrl. , SECOqF AND ; I F) i I"F r' INALLY PASSisD MIS 8TH tAY OF 7 rc : 199n , REEVE • CLERK THE corPorATIor< or "INF vzr.r WWE nr �.7ir- ?•r� BY- LAW ` '( 90- 5 BUNG A BY- LAW TO authorize the pu - c! as .- of ce tair lanc,s , THE COUNCIL OF THE COP?r)PAT I Oil OF THE VILLAGE r7 VIENN? 41/ DOCS HEREBY AGREE TO purchase from ? ' r . Walter Pccre fe 1. 1 n r- lands being part cf lots 9 , 10 , 11 Plan 54 , ri 1 lage of Vienna , County of Elgin , designated as Part 1 on RP 11R4204 , at the price of $ 5 , 000 . 00 ( fire thousand dollars ) in accordance with and subject to terns of ard sale the agreement of purchase , attached as Schedule " 7 to this By- l ate' . Schedule " A" attached hereto is declared to he a part of this by- law as if written and incorporated herein . READ A FIRST , SECWD r.'. ,D num) Timr )\Nr rTNM.T.Y P11SCFP THIS 12TH DAY cr . PPIL , 1990 , REEVE / „,, _ CT j` r 41° • • A • h 1<. ONTARIO REAL ESTATE ASSOCIATIONA y - /aw # 90 - 5V tt�Jth04 AGREEMENT, OF.PURCHASE AND SALE., �. a-ns ��s► �. `.f.,7 j-•iir, ••,T .c )• •. �h= d dD, ..o• . ., ,i, SI. V al? c ..1i '� ,i ant'.IG"'!�' r res.- `c. •a , v• • • it. • • - -. - .i-; . PURCHASER, . • .x. '. : :j •': I 9. Vendor and Purchaser agree that there is no condition. express, or implied. representation or warranty of any kind that the future intended use of the property by Purch- aser is or will he lawful except as may be specifically stipulated elsewhere in this Agreement. 10. Purchaser shall not call for the production of any titk deed, abstract, survey or other evidence of title to the property except %Itl h :is are in the possession or control of Vendor. Vendor agrees that. it requested by the Purchaser, he will deliver any sketch or survey of the property in his pon►.sesston or within his control to Purchaser as soon as possible and prior to the last day allowed for examining title. In the event that a discharge of any mortgage or charge held by a Chartered Bank, Trust Company, Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion, is not available in rtgistrabk form on completion, the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain, out of the closing funds, a discharge or cessation of charge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge. together with a direction executed by the Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on completion. I l . All buildings on the property and all other things being purchased shall he and remain until completion at the rick of Vendor. Pending completion, Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else take the proceeds of any insurance and complete the purch- ase. 12. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income TP_X Act by reason of this sak. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. 14. Rents, mortgage interest, taxes, local improvements, water and assessment rates and the cost of fuel shall he apportioned and allowed to the date of completion (the day itself to be apportioned to Purchaser. ) 15. The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in registrable form at the expense of Vendor and the Mortgage at the expense of Purchaser. 16 Time shall in all respects be of the essence hereof pin ided that the time for doing or completing of any matter provided for herein may he extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may he specifically authorized in that regard. 17. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a C.'bartered Bank, Trust Company, Province of Ontario Savings Office. Credit Union or Caisse Populaire. 18. THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW REFORM ACT, UNLESS THE VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDE!). 19, The Vendor represents and warrants to the Purchaser that the buildings used in conjunction with the property have not been, as at the date of completion, insulated with a Urea Formaldehyde foam typeof insulation. Provided that lithe building is part of a multiple unit building this warranty shall only extend to that portion of the building which is the subct of this transaction. This warranty shall survive and not merge on the completion of the transaction. 20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT AND/OR PERSONAL INkORMATiON MAY BE REFERRED TO IN CONNECTION WITH THIS TRANSACTION. 21 . The Vendor hereby appoints the Listing Broker his agent for the purpose of giving and receiving notices pursuant to this agreement. 22. Notwithstanding any terns or conditions outlined in the printed portion herein, any provisions written or typed into this Offer shall be the true terms and shall supersede the printed portion in respect to the parts affected thereby. This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no repre- sentation, warranty, collateral agreement or condition affecting this Agreement or the property or sups).'tied hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. . this 16 ole of . LANAI . . 19 . Q. . DATED at y SIGNED, SEALED AND DELIVERED iN WiTNESS whereof i have hereunto set my hand scat in the presence of: / /7 &oat //' truschaser) /21.41 . Daj4t Zfi 444/•;#4-0-7.4.) ''7Z4171:" 411 Date . . . . . . . . . . (Purchaser) The undersigned accepts the above Offer and agrees with the Listing Broker above named in consideration for his services in procuring the said Offer, to pay him on the date above fixed for completion. a commission of % of an amount equal to the above mentioned sale pnce, which commission may be deducted from the deposit. I hereby irrevocably instruct my Solicitor to pay direct to the said Listing Broker any unpaid balance of commission from the proceeds of the sale. 11r/ • this . z/�? . . . dayof . . tom" . . .• 19 y C, DATED at Y �-�-� SI NED. SEALED ANU DELIVERED iN WITNESS whereof I have hereunto set my hand a seal: ience of: . L Date ?-z- -/I 7 d tv ► . • • Date . . . . . . . . . . . . . t V eridcx) The Undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law Reform Act. In consideration of the sum of One Dollar ($1 .00), the receipt of which from the Purchaser is hereby acknowledged. the undersigned spouse of the Vendor hereby agrees with the Purchaser that heishe will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. • Date Witness Spouse ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purch- I acknowledge receipt of my signed copy of this accepted Agreement of Purch- ase and Sale, and direct the agent to forward a copy to my solicitor. ase and Sale, and direct the agent to forward a copy to my solicitor. Date Date tvemiur► tom) Date Date (V ones.) (Purchaser) Address: Address- Telephone- ddress:Telephon: Telephone: Vendor's Solicitor Purchaser's Solicitor Address Address Phorie Phone FORM No. 101 I3.1ro5 I or TIiL CORPORATION cI' THE V ILT A(F or t.-IZ' TIr BY- LAW NO . 90- 5 BEING A EY- 1JW auth -)r ze the purchase of certain lands , THE COUNCIL OF THE CORFOPATION Cf_ "13E NIDI 1cE r7 VIENN? DOES HEREBY AGREE TC purchase from Mr . Walter Pockefel ler , lands being part of lots 9 , 10 , 11 Plan A , "i 1iacte of vienna , County of Ligin , designated as Part 1 on RP 11x4204 , at the price of $5 , 000 . 00 ( five thousand dollars ) in accordance with and subject to terms of and sale the agreement of purchaseA attached as Schedule " P " to this Ly- law . ScheCu ?e " A" attached heret^ is declared to be P part of this by- law as if written and inccrporatc °herein . f LD A FIRST , S ::COND AND TiJIP.r TI "IF FINAT LY PASSET' T iIS 12TH DAY OF PPPIL , l99 . CLEF(' nadal/LtutA A. ., ONTARIO REAL ESTATE ASSOCIATION A 8 ...a,,,,„ * 9 o - s ��•,1,tr=,i" AGREEMENT OF, PURCHASE AND SALE - ,, , ij • !. :- "11'.'47.14.1..1"""M 11tf•+�`i ' yu�� M•'7 1fr .tom. ► PURCHASER, . 1/ . . . . . .- •. . t3• . : .`. . . . . . &s J .. . . . . otters to buy fmm VENDOR, : --.44 h. . . . . . %Me Ilowt ■• ti�as AGSMs - • - .+�.� •.'‘.. • i• • . Fir"=I. . •• • '• !.• • . :VI" t • r • � . • • •: i • . .': : • • • }1 . the following (tst*dsolor) 44':04 w tom:: 'a._ i. - i �p•seud . • ;t ...t..-:. 4, '4tii ter 1 . 4�te , •3".:,,-.1 •vr.t E1 •.7 PROPERTY : frontingon the side of'. ".,d qknown mu iplly •.‘V.... --11.14,4, . y(41l d r,e �, in the . . . . . . A . . .�.� . . . ,,,, . . . . . of. . 91. . none or brat a of . . . . . . . / � more or less and described as and having a frontage of . . . . . by depth 440:4400,ie.I 1-:f•V i ..::•. - • • • r.:• oh t ea,' t `r ' at the PURCHASE PRICE OF t ...ee(1•X' --7. . • • •r i a ft .!Riles .:d • fit' . , . . • ma I'• •tear .,Censdlan Dollars t .1 S ,• ':'t 'Ogle a++. )i ss)Y41 r Ail :! it. t •'"t :•le.t. .• on the following terms: • ' • - .) bolo 4-Aiworver ow z. .•t iris. lh • ....-1. . '�? •• . - , `la: i i.•:.. IJtt - 1 lt, li 1 1 Purchaser submits with this offer • • . • . . . • . . • eLla -Dollars (S. . . e ' #.- - cask/cheque payable to the as a deprishto be:lvda him in trust pending completion or other termination f this Agreement and to be credited towards the Purchase Price on completion. 1, ~/�� • 1?�i s nrv, 'Ir` eitiatAlyid. 2. Purchaser agrees toX.61/tid 1J- /ill Y'N'peirrg'ioUra iltP. . .th. . .„4. %! Vt.:��(.f • -. -'4/44 '''' /.....# ' S E. A.rt, tA.J. .--41-- i el cc. 1 , 14-i pat.! iii_k:It.;•' •7.i. , . , -.w. , • ; . - iiciee. ....4.4044ALL14.41` At:P/2Z cl -,041 f • ., • . . . , / r . - r . - i r „oil/took -& as tintt.):1.4).er'14• ?irt,---f. wztaft) /2 a..44.41.d.; .91,:: ..1, . 1;074 P. . --./ ti .r... tit . ...,,e;..?tolitt ..„‘..4q40, fi, I ii/X pcf,,, t 3 3 -p . .., . , zi a....49.e.----/- - t int, ...gilt•. , 't / •/Iv /''. t /4,17.4411 4d/' /1.4,217 ...„,d. - . i l ,1: f , /,ØO Vo4L., Liu) 5/ . • e=vae---"*--ec- . • .... ... . .,,....", , 1 • /414 "4/7'/4°117 1 .41 1---4... N • .1 ...)2A----Y$A.-ser _ f. ' 4...t;" /...4 f,/,...e.g. e71 Ofewouil , , , 9r it----4 iv &-e-ii . . . 1 r ifT:40-.:- r CY. '.4.1.°4°""awill°.# C L.4 4°11441./.4417 pâuJ a....4,14/ c'tra44/. "'Alt' •,,„ ,..e.„,i ,....Q.A,LA --6cf.,,„444).„ ..i .. ..4 , ,,,,....„....„4,,,,,LIA _ , , 744€ ....imed4„:„ ,. „.,..i2„.... • (2...„*.„44Q .-% . Ptti‘4L 6f (X )1(1ZA/ ' (4...,1/20iZsjit...41....C. ‘wejlot.. • • • • '► • i 7:9't• f 1••e•'jt? 4�Pet%. - tt! ,•• 1 :'- .4 , t t' . - . • -e - V . . • 4. •• 1' '.'•Ccs Zt'Yft;rrf, ,otAi+yd ••., u,.. .. ,• - 3. Purchaser and Vendor agree that all existing fixturesare included in.the puchase price except those listed hereunder: 0 . 1 , . w ,t -. , •' . • 1r,', . -$ti1. :{:. • and that the following chattels are included in the purchase price- 4. Purchaser agrees that this Offer shall be irrevocable by him until I I"59 p:m.on the . .'. ' �ed. day of , . 19 . . •/ .Q. . . ., after which time, if not ac this Offer shall be null void and the deposit shat rsturned to without interest or deduction. S. This Agreement shall be completed on the . . . . : day of ' . . . . . t 19 6 Upon completion, vacant possession of the property shall be given to Purchaser unless otherw' provided as follows: 6. Purchaser shall be allowed until 11:59 p.m. on the ifof , 19 710 to: examine the title to the rt at is ow a nse, to satisfy himself that there are no outstanding work orders affecting the property, that its present use . !Ca,, . 41... . . . . . . may be lawfully continued, and that the principal building may be insured against risk of fire. 7. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities required (or the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any outstanding work order, or to the fact the said present use may not lawfully be con- tinued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies theretofore paid shall be returned without interest or deduction and Vendor and Vendor's Agent shall not be liable for any coats or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 8. Purchaser acknowk4ges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement at purchase and sale between Purchaser and Vendor. 9. Vendor and Purchaser agree that there is no condition, express, or implied, representation or warranty of any kind that the future intended use of the property by Purch- aser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 10. Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such its are in the possession or control of Vendor. Vendor agrees that, if requested by the Purchaser, he will deliver any sketch or survey of the property in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for examining title. in the event that a discharge of any mortgage or charge held by a Chartered Bank, Trust Company, Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion, is not available in registrable form on completion, the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain, out of the closing funds, a discharge or cessation of charge in registrable form and to register sank der title within a reasonable period of time after completion, provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge. together with a direction executed by the Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on completion. 1 t . All hui1dings on the property and alt other things being purchased shall be arsd remain until completion at the risk of Vendor. Pending completion, Vendor shall hold all insurance policies, if any. and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage. Purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else take the proceeds of any insurance and complete the purch- ase. 12. Provided that this Agreement shall be effective to create :in interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited towards the Purchase Price with the amount. if any, which it shall be necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. 14. Rents. mortgage interest, taxes, local improvements, water and assessment rates and the cost of fuel shall be apportioned and allowed to the date of completion(the day itself to be a pportioned to Purchaser. ) 15. The deed or transfer shall, save for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in registrable form at the • expense of Vendor and the Mortgage at the expense of Purchaser. It,. Time shall in all respects be of the essence hereof pros ided that the time for doing or of any matter provided for herein may he extended of abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who niay be %pecilically authowi7cd in that regard. 17. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by hank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office. Credit Union or Caissc Populaire. it THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW REFORM ACT, UNLESS THE VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED. 19. The Vendor represents and warrants to the Purchaser that the buildings used in conjunction with the property have not been, as at the date of completion, insulated with a Urea Formaldehyde foam type of insulation. Provided that if the building iss part of a multiple unit building this warranty shall only extend to that portion of the building which is the subject of this transaction. This warranty shall survive and not merge on the completion of the transaction. 20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT A;VI)iOR PERSONAL INFORMATION MAY 1W REFERRED TO IN CONNECTION WITH THIS TRANSACTION. 21 . i e Vendor hereby appoints the Listing Broker his agent for the purpose of giving and receiving notices pursuant to this agreement. 22. Notwithstanding any terms or conditions outlined in the printed portion herein, any provisions written or typed into this Offer shall lx the true terms and shall supersede ih a printed portion in respect to the parts affected thereby. This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no reprre- sentation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. DATED at this 16 day of . 19 0. SiGNED. SEALED AND t)ELIVEREI) IN WITNESS whereof I have hereunto '. t env hand a seal: in the presence ot. &left ift/) ,b.L'zJ . . . tit -,�..�A/v .� Pit P�,rchs,er t /eEl/l /10a4170 4111 Date . . Pun baser) The undersigned accepts the above Offer and agrees with the Listing Bniker above named in consideration for his services in procuring the said Offer, to pay him on the date above fixed for completion, a commission of %of an amount equal to the above mentioned sale price, which commission may be deducted from the deposit. i hereby irrevocably instruct my Solicitor to pay direct to the said Listing Broker any unpaid balance of commission from the proceeds of the sale. • DATED at %. this . /4 . . , day of . . c. . . . . 19 SIGNED, SEALED ANL ELIVERED IN WITNESS whereof i have hereunto set my hand a seal: in a of: ,. • . . - �� f . . .Aliftze Date ?-a�./I 90 • 40 Date t vendor) The Undersigned Spouse ( (the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law Reform Act. in ,•onsidcration of the sur r of One Dollar (SI .00), the receipt of which from the Purchaser is hereby acknowledged, the undersigned spouse of the Vendor hereby agrees with the Purchaser that heishe will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. 111 • Date Witness Spouse ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purch- I acknowledge receipt of my signed copy of this accepted Agreement cd Purch- ase and Sale, and direct the agent to forward a copy to my solicitor. ase and Sale, .end direct the agent to forward a copy to my solicitor. Date . Date tvewdor) (Purchaser) Date Date (vea/s) (P.ch•sos) Address: Address. Telephone' Telephone: Vendor's Solicitor Purchaser's Solicitor Address Address Phone Phone FORM No. 101 BamS T • • • SCHEDULE 1 THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAN NO . 90-6 Being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters and to repeal By-law No . 90-2 WHEREAS Section 68 of the Planning Act , 1983 enable the Council of the Village of Vienna to prescribe a tariff of fees for the 410 processing of applications made in respect of planning matters ; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the Village for the processing of each type of application , amendment , or preparation of agreements provided for in the tariff ; NON THEREFORE , the Council of the Village of Vienna enacts as follows : 1 . THAT the tariff prescribed in this By- law shall apply to cover the anticipated costs incurred by the Village of Vienna in processing the following applications made in respect of the Planning Act, 1983 ._ i ) an ` amendment ' to The Village of Vienna Official Plan in accordance with Section 17 of the Planning Act , 1983 . ii ) an ' amendment ' to the Village of Vienna Zoning By-law in accordance with Section 34 , Section 35 , Section 36 , or Section 38 of the Planning Act , 1983 . iii ) a ' site ' plan and/or site plan agreement ' in accordance with Section 40 of the Planning Act , 1983 iv ) a ' minor variance ' to the Village of Vienna Zoning By- law in accordance with Section 44 of the Planning Act , 1983 . v ) a ' plan of subdivision ' in accordance with Section 50 of the Planning Act , 1983 . vi ) a ' development agreement ' in accordance with Section 49 and Section 52 of the Planning Act , 1983 . 2 . THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1 . i ) preliminary review of the subject application 410 ( including the preparation of written reports and maps , site visits , and meetings ) by Village Staff and/or Council , or the Village of Vienna Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable ; ii ) public meetings as required by the Planning Act ; iii ) special meetings of Council where deemed necessary or desirable either by Council , or where requested by the applicant , in respect of the subject application . iv ) preparation of any required amendments or agreements in respect of the subject application by the Village of Vienna Planning Consultant , Solicitor or Clerk ; • r v ) incidental expenses incurred in the processing of the subject application such as mailing costs , printing charges , and publication charges ; 3 . The tariff of fees in processing applications or agreements in accordance with this By- law shall be a combination of fixed fees and fees based on a time consumed basis in accordance with the following : i ) Official Plan Amendment $ 500 . 00 ii ) Zoning By-law Amendment $ 500 . 00 iii ) Minor Variance $ 500 . 00 iv ) Site Plan and/or Site Plan Agreements $ 600 . 00 v ) Plan of Subdivision $ 2 , 000 . 00 vi ) Development Agreement $ 600 . 00 !II 4 . Notwithstanding the foregoing , Council or the Committee of Adjustment may reduce the amount of , or waive the ' requirement for the payment of the fee in respect of an application where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff . 5 . Prior to commencing with the processing of any application listed under Section 1 of this By- law , the Village of Vienna shall require paymentin full of the tariff of fee as specified in Section 3 of this By- law . Any additional costs exceeding the tariff of fee as specified in Section 3 of this By- law which is incurred by the Village of Vienna to complete the municipal functions in processing the application as listed in Section 2 of this By- law will be paid in full by the applicant . Any remaining balance shall be returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of the By- law . 6 . Cost incurred for the preparation of , or attendance at an Ontario Municipal Board hearing by the Village of Vienna Planning Consultant and/or Solicitor and/or Village Staff or Council in respect to an application is not considered part of the municipal functions as listed in Section 2 of this By-law . All costs incurred dealing with a hearing will be paid in full by the applicant . A deposit of $ 150 . 00 will be required to be paid by the applicant to the Village of Vienna for processing an- appeal to the Ontario Municipal Board . READ a FIRST and SECOND time this 10th day of May , 1990 . READ a THIRD time and F I NALLY PASSED thi s l O t h day of M a y , 1990 . !II ACTING REEVE LE RK . % v ) incidental expenses incurred in the processing of the subject application such as mailing costs , printing charges , and publication charges ; 3 . The tariff of fees in processing applications or agreements in accordance with this By-law shall be a combination of fixed fees and fees based on a time consumed basis in accordance with the following : i ) Official Plan Amendment $ 500 . 00 ii ) Zoning By-law Amendment $ 500 . 00 iii ) Minor Variance $ 500 . 00 iv ) Site Plan and/or Site Plan Agreements $ 600 . 00 v ) Plan of Subdivision $2 , 000 . 00 vi ) Development Agreement $ 600 . 00 4 . Notwithstanding the foregoing , Council or the Committee of Adjustment may reduce the amount of , or waive the requirement for the payment of the fee in respect of an application where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff . 5 . Prior to commencing with the processing of any application listed under Section 1 of this By-law, the Village of Vienna shall require payment in full of the tariff of fee as specified in Section 3 of this By-law . Any additional costs exceeding the tariff of fee as specified in Section 3 of this By-law which is incurred by the Village of Vienna to complete the municipal functions in processing the application as listed in Section 2 of this By-law will be paid in full by the applicant . Any remaining balance shall be returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of the By-law. 6 . Cost incurred for the preparation of , or attendance at an Ontario Municipal Board hearing by the Village of Vienna Planning Consultant and/or Solicitor and/or Village Staff or Council in respect to an application is not considered part of the municipal functions as listed in Section 2 of this By-law. All costs incurred dealing with a hearing will be paid in full by the applicant . A deposit of $ 150 . 00 will be required to be paid by the applicant to the Village of Vienna for processing an appeal to the Ontario Municipal Board . READ a FIRST and SECOND time this 10th day of May , 1990 . READ a THIRD time and FINALLY PASSED this 10th day of May , 1990 . . • A / I TING REEVE C - RK SCHEDULE 1 THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 90-6 Being a by-law prescribing a tariff of fees for the processing of Applications made in respect of planning matters and to repeal By-law No . 90-2 i altREAS gig tion 68 of the Planning Act , 1983 enable the Council of the Village of Vienna to prescribe a tariff of fees for the processing of applications made in respect of planning matters ; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the Village for the processing of each type of application , amendment , or preparation of agreements provided for in the tariff ; Wbw THEREFORE the Council of the Village of Vienna enacts as follows : 1 . THAT the tariff prescribed in this By-law shall apply to cover the anticipated costs incurred by the Village of Vienna in processing the following applications made in respect of the Planning Act , 1983 . ) an ' amendment ' to The Village of Vienna Official Plan in accordance with Section 17 of the Planning Act , 1983 . ii ) an ' amendment ' to the Village of Vienna Zoning By-law in accordance with Section 34 , Section 35 , Section 36 , or Section 38 of the Planning Act , 1983 . iii ) a ' site ' plan and /or site plan agreement ' in accordance with Section 40 of the Planning Act , 1983 _ . . iv ) a ' minor variance ' to the Village of Vienna Zoning By- law in accordance with Section 44 of the Planning Act , 1983 . v ) a ' plan of subdivision ' in accordance with Section 50 of the Planning Act , 1983 . vi) a ' development agreement ' in accordance with Section 49 and Section 52 of the Planning Act , 1983 . 2 . T the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1 . i ) preliminary review of the subject application ( including the preparation of written reports and maps , site visits , and meetings ) by Village Staff and/or Council , or the Village of Vienna Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable ; ii ) public meetings as required by the Planning Act ; iii ) special meetings of Council where deemed necessary or desirable either by Council , or where requested by the applicant , in respect of the subject application . iv ) preparation of any required amendments or agreements in respect of the subject application by the Village of Vienna Planning Consultant , Solicitor or Clerk ; 7 • v ) incidental expenses incurred in the processing of the subject application such as mailing costs , printing charges , and publication charges ; 3 . The tariff of fees in processing applications or agreements in accordance with this By-law shall be a combination of fixed fees and fees based on a time consumed basis in accordance with the following : i ) Official Plan Amendment $ 500 . 00 ii ) Zoning By-law Amendment $ 500 . 00 iii ) Minor Variance $ 500 . 00 iv ) Site Plan and/or Site Plan Agreements $ 600 . 00 v ) Plan of Subdivision $2 , 000 . 00 vi ) Development Agreement $ 600 . 00 4 . Notwithstanding the foregoing , Council or the Committee of Adjustment may reduce the amount of , or waive the ' requirement for the payment of the fee in respect of an application where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff . 5 . Prior to commencing with the processing of any application listed under Section 1 of this By- law, the Village of Vienna shall require payment in full of the tariff of fee as specified in Section 3 of this By- law . Any additional costs exceeding the tariff of fee as specified in Section 3 of this By-law which is incurred by the Village of Vienna to complete the municipal functions in processing the application as listed in Section 2 of this By-law will be paid in full by the applicant . Any remaining balance shall be returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of the By- law . 6 . Cost incurred for the preparation of , or attendance at an Ontario Municipal Board hearing by the Village of Vienna Planning Consultant and/or Solicitor and/or Village Staff or Council in respect to an application is not considered part of the municipal functions as listed in Section 2 of this By- law . All costs incurred dealing with a hearing will be paid in full by the applicant . A deposit of $ 150 . 00 will be required to be paid by the applicant to the Village of Vienna for processing an appeal to the Ontario Municipal Board . • READ a FIRST and SECOND time this 10th day of May , 1990 . READ a THIRD time and F I NALLY PASSED this 10th day of M a y , 1990 . TING REEVE C ERK s • CCF.PCI.ba CT s : ir- ViLLAGT . '' Tez 'po 90-7 T • B T r a• i. 1.�°: 3 te c: s triL t : at''a h.c tCz:: maat:3. c : `"c'r : v Meer 1991 • WHEREAS the r : i 11agc• of 1 i.Ennr Ft w, �• �y ., ! ' , c , Zccrr c t'.r c. stii" r'Ates � � t ' e the �a�� •- : • .r � . r• l^ w r. r3L. .Lir• 1 tie a -.c1 o ti, r'_ . • �G11 5 �. ,.�r'�`�f•" .. r Cert' ' • virtu • a � j. the Municipal : .. .le, . ':e• t ��:1: o csn :-11 . ;rant .: t and the ECadcation . ct , r t' 1') + ,r, , i t in nth cot;say, t ,. , t:le ic ) iowir'; ^,1.1:1r e ; d . a (1. ."tom an ; cr t :"!?, " for rr r the Drew.- i 9 • • 7 i �! CCL: Y F} E,I2( ; .. - r 30 a 'rr N A "• '. v� I c ?U. h r, r t- S. "I t711,7C 5I C - • C: C(' { . r 5=."',�,� t T.0 �.�,�., .--• .Tri?. : r;.. 6 •• 1 , 2 57 C� ' �' 7` ',1%.17. l�ir4 [f - �F f ! !' � Vit:'=~'C "� R5r ��•. t . • V V til a -.1 t, c ♦ .c �..• r .. ¢ I m ,7t } C ....:,......12•••11 I° P F:+ i EI •t•h ! I. 4'' • • ..` - r o c r ty 1" r .. rolls t"1�.de for t:: c ' -car 1999 r- .: ,.'1i c-/. t�, 1990 } ,__ •.. �.� be leviad have:: rfltt 1. ne '. r . r rpt- ar. r . ;� r• r _ � tic I c icna 1. t!'�3 .^ 0f .._h0 • 4 0 - 3 > > . . c Zit E S HLRL?.S reces F.irsrz cac: ). n Sec ?': 7 -) the Crrtart nconCi '` -.rnal •' r1nis Act , R. S . Q. 19 30 ant.' he Cora-7. r r: 1 e" ' -..):: 1( r t r."1 ?!c .fined 1 cf t c s 7t:t h ye bt er.- ;le ' r' ?`' f rrrl cr `-• a.'sis of the a cr c?ntic`:c d re at rc rsc► rty rar•t1 Lili �` •- assess: tent rcl '• • NC . . TIM T'LFC' n. --J'Lr c 1 ) .•, ft • • r_. ^' ►, T'I n Y , t , on r , ! 4 �. i 11�:.c 2 of Vienna !lc:I C 7 anac is at 1 c••• ' : • / • • 2 . -0 • M • i .- I-- v S `Allure v tci ? 1 #ju 1eV1F:C &• :C_ ccj. 1C tC earr r I1 ? r tr` d lend , L ui1 rkfis 1-. . } urine a asnos !;-^r'r. t of t=.c Cr rnr'rpt ? nn c ' the ti i l lago ni '••i�onna tae fc11ow ing rates r' f tpx .:'. '- ! :-r .r FrC II`L•:TI 1 L C'nw er r r I : '. , & '7r": nt . - 77 - 7 _Y_ Ezi;i;s122L.:2,LI.2.112L • f_5:.; .:63::1.:,;?* g ., 439 , 210 $ stioit MILL PATE 157 . 640 185 . 459 TAXATIf:''.: 69 , 237 15 , 6flf A 4 , suSSE..,. •., •__ _ 439 , 2 ' 0 P4 , 14E I I L P.LTt 46 . 569 -----4 39 , 583 *.):As. I GN 17 , 5 3 , 9 _ ASLL 11'.:ti:�` 423 , G 6 r 61. 5 ° 4 , 14 C : :� � r�> 72 , 2 ( . . � . c� � ;t�h�'_ T IO:Y , • rt :L. CCNDP7Y E. U! 423 , 665 MILL FATE 64 . 979 76 , iI6 4C •. ' C:';. r.' I ,� 27 , 529 6 , 433 i •r. St EN T0 0 • MSI F.AT1: 80 , 86 4 95 , 13i .e�aAi: I Cr1 , 257 0 ! : 7(-C? 7, 71-i SLP26- "V % eiurf, -.- --, �o r..r..-mm+.....�—' woo�.. —...r•►..�M+.�. .rw ?_ - ..;tSt`ENT 15 , 545 1 } : LL RT.TE, r, 4 6 8 ' f4 . 331 gmAve IO 1 850 (' ',. T T I '.3"1 ? 46 , R73 3 ? , 11 2 179 , 9R5 I -, • • . • _, i r • 1 a ..t 3_ , e c ',} aSI 'IC.:.T IO% ' 'SIT. F `T:'r') ru-adic ~ C::icCL s TarrAITERS T r. & T-1,s" CC " t Is - : . . .w ..........•.r......._.....- - . 1S . 640 1 P • ;:i '. : gi�' 39 . 5 ^ 3 46 . 5x, ' ":L : E.::VI. ' C. :C C.L. 12 . 36 3 . 85 . r ': r 3 r t:f: a.i 1 L' •.L ', ;,:;C.C Lr r 1' . 9 7 9 7 r . 4 A i — w ` `(PA1. CCr.' i:. CILI D[; 'LD1 :� LIC `:!COL I'..FJTi: 334 . 465 393 . 499 • + , :' _..147.. r, SC�'GC'I. vL I OPTT)-S 157 . 6 4 0 1 P5 4 59 CCU:T1 39 . 583 46 . 509 3ElltEAV: EL' . .. .L..: : :/ r" Pr) . PC 4 9 5 . 134 SLP .I.r:.1i. i.._r... LAR i 54 . 6P1 • 231 L P1. `.; T . :icar ( T. ' , ''7._: 33'. 76 R 3_ 1 . 4 3 3 4. :4eTI°IZTILST .'4F1I :41w t:.: :rQvi 3 i ons o f (" L e'u e I c r ��: i s F.-7- ' - - : L'.ny adci. tlor.c. 1 taxes r ayek. 1 e as a result r` " r .7' 1, t c'r. l le roll pub.".uarit to s cct :r .: R3 cf the i ssc ss.`ient ikct , r' , `.. . ' 19 0 , s�t•~11 La that : .c rtior cf the amount r-r - :tvn!-; C-: i , r- 111 , . avc. been 1cv .c' t: f Y- thc r irrcnt y coir if t'Zc a user r 4 ' -. 7- Leer. .nada jr. ac �.:; 1 . ' , , art( t;: at pert rr ,hall ti in t ' , ratio that the ru :1_;n1... of : ' rt ;', ; rerlaininct in the current y e is l G:f tiir the lrlona.. : i ' -.li +i the rotice r rcivic'cc' fcr ',e. rc4 n e deiiveLac: or Sent.., ' -aE r s tc the rt:'- ber t'.!c 1 ''r , aryl r.;') .'31 1 I- r, t'.rternc: in. the Coikctcr ' :. roll and c::` ! iectec' in t ' c s n-"e ., a ncr • as if the ' mess.f•:.t :a.e h r. en ro.t:.ic3e ir. the ur u.i l -v Or ' C--- ....3r_ct partictular1 . (,. crit :'. c; o3 !O2 , c ' c1 If thc aasess:stent :ia: I c -r'. ':ck.cc' tc $" CI. ectr' .. _ I :v11 of ter Juno 30 , t::-.r. to:r -. - , 1 } ti e clue ,r.e ,1 -►•.' �� le • r in ( no ins ta ' : er.t cre thc last t? a r r - f t.;,.- :.rr� t' r� 1 fi cv:.3..r.^r the ez.t ry of the asscGranent ir. the `o 1 1 ( . c' - r' r ' ' nr 1 l ; anC , - . . • w • a 4c) . i , . , , A ill , I • • a If Collector ' _. F DIA aftr; ^e• .7un' 3( , t'3 * t r ." :73 shall be due pay,a, _ ._ c�a�V �•c��s.. f.'s •' last (lag,-(lag,- c ` t r►.� : .r,r.t:� �- ?.r�� is , e c a�, c __ _ �. a:3 e i !`.a e n on t h r_N. F?"- .� . . `'';e t ?XC.., shall kit.: e. k C . .. � V it • ire s to 1. e nt$ as f o 11ey•: ~ : AUGUST 30 , 1990 , and '• O 11.11j ' P. 15 , 1990 �4 ♦ r ievtc r is her' , tc rat ' , ( el ivcr or Cdr:SC " L)') nai. 11..E.C, r r can rr''t i cr n $, aX0c3 tc the a e.„, +r n ss of tile. r t 1. C c n c r ** t r c `l . stial l be ••Z •l i l e •; -a r t.. t h n C r r1 r rn t i n r \'i l la n of V ierna at the t. 1erk ' si rfi co' rr : '. -.7141 t;r' • . :}ex 133 , �."��: n� fir. :.9 ... 7 r► , ornt. the Tr:.- "ur t,, Lit 11sor1;.�12 . :' ~ _ an `e • u . l :lere :2a �. Je �.:� 1 �' ar a nen ? 1t7 for nein•^,1:'" 1..ont r taxes r~ r an;' clans rr incta1nent thererf on tht� ciur as roc.ifiec. it C1 .'.2...is 3 r' f this L.vimlaw , ate' {'• .''' r. - • a ,perflentag on .*: • •t.7art r rercnr: t• 13 . 2r. - n. ; r .,n . the first c iy r >:t f tr. r ..hr: r - r _ (7 , 1. ._ r 3 �c th 1 . r : * ci -A ` o . 6c faP °:4(73. ,c� . _-'n , ' • f c u tr 'E rat. ( .� 5 ) r12-� 1 •. . r H f�rtL: ' '+• ._ C• � -��.ati. w� •�� 1 f�l�'�( !1I� 1; id Csuf a 3. r c`; r.cv C ft or 3 ' 1 " t ! . •` �, ear in •� � ich the sai .' titi xt.s rtr1 ' ? eerie(_ e .' :r' rrartrIr n .(1 ur:t . 1 the taxa :3 ' rr' ` .� t- YCSt t s'; 1 1. r'f'r �1 n t t• n • rat : c f • .. 5 % rf.ir ...; j �R: • • • i • • • • 5 II . 40 i Os w a w OM r il f 00 - a . I .tC !- . • w tr .,,, cla Lv•L .- £ nc. Cr_ _ . C: C kc; t f ' ,• 7 rs 'I { ' :- t_- ..t .1 S r~ f 1 cif icC. urder Sc ' . r 3r ":. � 3 ) ) cric • r 'el tc c r l.vd 1.o , rcc'c . ' ar r C,Lyi f'.re, t r ?.i".1 L1 " 1. '"1r�..-i "..,,-1 ("s"" eCrCO 11 f ;f • ' • ... a �:: Cu -.�-t- �' .� , . 0 ir,!^, , + `• 1 Y{+ �.." y ` t {f r 1 • , • , • �(•'�j:•+,•crj • •• rovic cf.'. t 1 ..; '.. a,. .c - ♦. arr-"' l ' � •• • .•�,' �-' ry. . --) i ..r ,( i• ♦. r- • • 1 .` ` riot a. fc t te C<t,.... �'. -,..t J.-• c f iln• rr r:-.c' t: arr .- .-� 7. z - •_- fT:C. C � ccti b1 11.-..i . r.% i s t; . her^r+ F inr .- •• . -' r- c r E • v.-71C !: V d- any'j ' " '::_ - r•, i `' .r.' ?. moi •; '; r : �'r'', (`y r •1 a a. . Si a L. r. i. : .(.: .- r:e, 4 r. r' SL_e ct tc t..:IL_ .� •"'.,c. r. 4 r ' t. •.• -1 r trr,� ,.». 4- r c' or . t • r • • h e C -• [r r r� • n ,- i c! ! •2 ~ C ?''� ;• nec, .� a..+ ,. :: Z:> i r:� it ; _ •rc�v15i.o;2 is hc `cii.. - % rovir:trt `. � :it (-.': :? rr, !'r! - ,• ��r,', ., , • Or >r •- a 1 e ♦ ` 3 t..to _. -- ' i,"_'. '1 4- * •• or l :. t� : ..!Z T' �I 1_. Y1 1• V'�. ^ w . . c. �y fir. �,, ^ }. /� the sa:'e e. rilc e.� .f. .-;v- rot 0. ss �•• halr. ~.'1 ;. Y'l�ar L ^ irk .1 ..... ",� . " erapic e ?• Sha11 pa.� o"."e ; t o tie :rca urer ^ r (-r ' 1 r '- r '' r (4e.t rd c Ut of any wages i s�'.1 z.i.ry or other rra u' er f : .- 1 to `such i a G�f.'e `- -'•c.• .2 ' t- r `: t t, r! , ill a' • _ C' t• ,• a}:r• r•• - •• . T_ 4.1.. � .s 'jy' 1 Wei �:n(' .at-. cuc.1 « C,y. -enli si; c. 11 re 1 ifT.z-r t ''` e c^'1-• f-'.-le •- i frc' n ant' .liaL..11i 4• to the . :1p1r:'c.,c f r- r the �•.1--. t- �� r • ta r:- is Hy-Low shall. come 1 r.t c• force end t- alto r. f re c-t rr t ' . . clay it .•;eceive � Vii. : 1 api r• -va . . • •r�a 7 T FIRST , t p•• • a • -1 11.. .. . .. j.J T T 1a`• Tr a • T �•�+i.LI IRl. , Si cCltiD /'. • . ' ThII t; -" a 2. 1 -'- 1 T ,;AL y. T t'' r s^ " � . . • I l 4 TKJA y (.:47 • : •Y , 1390 • . I-C""ING 5EY1 ,. ...c./7,64,beive/14,6402&"---- r * r • . 11 4 THE CORPORATION OF THE VILLAGE OF VIENNA BY- LAW NO . 90- 8 Being a By- law to designate a head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act , 1989 . WHEREAS , under Section 3 , subsection 1 of the municipal Freedom of Information and Protection of Privacy Act , 1989 , S . O . 19 89 , Chapter 63 , the council of a municipal corporation may by by- law designate from among its members an individual or a committee of the council to act as head of the municipal corporation for the purposes of the Act ; AND , WHEREAS the council deems it necessary and expedient ent to designate a head for the purposes of the Act ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILTAGE OF VI EN NA ENACTS AS FOLLOWS : 1 . That the Reeve be designated as -head for the purposes of the Municipal Freedom of Informatior and Protection of Privacy Act , 1989 . 2 . That this by- law come into force and effect on January 1 , 1991 . READ a FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF JULY , 1990 . r • A REEVE ;- /Noie4zi CLE -.K It • • t f t ii' i " • ••`J i1 i .t • •a .l. r r1 ` MN • f t A s l , r •.1J �..'1 • .zp4.': 1~ , ' c: .. a '3,:xvai. tee of . c ": - i1 .. r- '- • ea c~ t _ o r ` ..N i , .7.•A. .p,,: 4., ... •C Co�_i_ lC�_ ' � _. : c . il a . f'1. r. r7► f•, . •• r_ •� 1_ 1 r ,,+ I, • to .. ' .':L g nt7 1.. fi �.� .►sr, c'(- � j^ .- u-,••►• rz f1 C '• t r1 r• • • . • •. .L• V T .J• t•••�, ,.L: n :.. {. "` .!1 •3. .' r T f ' • f•�c.r r .'r, I Pr, T ti _ - -..... �•... '/►` • T T r r-• r. 11‘ ‘. T �„ . r . .r- 4,_ _ -t. ".. ' a4. j ~ s^ ,.. .� i % { , , l- . . - r. r` w .i. ` 4 r 2 • ki .- t tis .:-y_ 1. . ".' Cr'rl into '_ r-.: t'c arc ` rr^ r.' i c J -.r ' r ' ' I ti • • •i ., - ?- T7. •• _ I •ram, '• • • . f ; Z .104 I '''''#ivazIThL&'id . . f 3 , I •1 e I 0 1 I • . 1 0 1 . 0 f I . / ;17 CC,- . s C .r4 :ft,fr. I c''•7 C A. •./...... I t • ' T 7 • t v .... 1 T - . ._. .• _L . ...:_ 1` ';', r. 1. I • . ••• •• • • - • L ,- 1 ( •'-) r• .... • 11 Cozorati:: :. 4-r- ...... - • - . . • ...... ! 1 •• A • II, i r.c,-c-...,-,cr. ,.. -c- Ir. .. 0 .,- - -,ri t ' ( s - ' -- „.•• ':1 ; p T.- 74, r: it 1 -I 4r-, - ..... , ,- ,....4- .4 ..- so. ....„ . ... 4-04 •-•• j• ‘.4. I .....•., . S...'1.... - .4,..1. t-,°st .. . A a er! U•''.*". ( "Ci' l 4 - ...../ 1,4 • ...A. . a r‘•.• f t *-1 1.-1 4..1 / • ..- ' 1-,....,.,,., „,... . :;.: - .1..' ..., c.,": 1..4:orn I...,1 .... -•. 1, :- (-. roe,. .. i (NT:. .-4,- : -' ,"0.4: r- c"L 4. f-1 r f--, f -0 v- : 1.• ;--:c' ; .0014 - t .0 • 4 ' . . a., • .... ""*. ...It I I:. t ,..... . 0 • (1 a P t" r r ,„ ....: ip .... .... 4,..., 1 _ E,1 ei:1" ,.$.r • (:It e li3 icin n te 4: ,. ,. ...... 7.3„,.., r,,lr,,, i 4. .; rA en.. •...... .., le r• -.,•-• • . • 1 ' ....t . ' .• - . • •, . I ..... .-.. - - .-. 6, .-." $ ' 4- '. a (..-o:11.1.13. r. ,...C.I0. 0 - r • 4 4-1- -,. .-..0-, ... ... - L.t :t.:. L;%_, A .1 *. .1. . r• (20 r-4- ,-3 t-, 1- rl " r• - . 4 ,..• • •••• "- 1 II . "..... 't r-•1 • col:1)er a- t 1..1.- .n r A r*,_ .4.. .... •.... . ,... ; :t 1 -3 1.:..rr c...z-i---, 0-4 orl-le • .f- . . • 11, t 4r..., •cop• r-•ip...7., -..„ c., f. / . .4 1 I . . • mi s 4 U p - r Li i :- ...' 0... i-4 ...• ' ir`> . r•r. . • ..-; ra, i 7 .........-- .• • • .... . . /.. 4., ... C:C '76.71..‘7. "1. r r.0 c./. ,,,-; : . (---,. ,- • • -,: 1- ( : . -,e -- "•-• • 1 • 1-. 1 01 1 ir -6-j.--.11 Crk L.'S•:"4 i : n 4..i.... a •.--1 ,-. ..-1( , , r.-.1,-. A:- .-tr, 7-,,.1 -.- .c , nk... ( :- I .1 .• If. 9 04 . • 00 k. Ir . • ' r• • $ .0•••, ..$* .4. , g • r .: • 77 ^Iv: • ' • i-f"' r , .1 . . _. s • . , . ..,, .i ..,• . ‘. 4 . : . ._. 4 ?. -- i . I . I 0-k l'-' I • - . .. •7 / .1 . .0. .. 0.0:' N, ..... •„. . , „ . - . • '"". - . , 4 - . 1, - .. . _, • _ , • ...o.... 44 .1. A 1 •:, •-• 1...1 1.. r,. .- ' t %, ' ( $ • . - . 1 . •. Oh ,t-1-, r • . I' • ' ' -', . - •••. ... -••• ••• ••• . • e- - • ,-.‘ -,-- - , --= ' • • - . .. • .... -; --• . r• = -• • • .•0 • ; .• • • t .o. , - i••• . • 0. • . ... • ...... 1 • .0.. ..• •11 • , 1 r- . - .. ; . -, 4 ...„ . .., i • /*I..- . — • • . - ' T " . o ; 4 . .,*- ,• - - • r . =•_. .... # . -- . _ . -, . . . .- - . _, f. • - • ... ., . _ 4 f . , . 1 •. 0.1 it.. . . 7k ‘' y- '- -- / , ‘• . ..... .... i 1 .... t ,.. . .•• ._ _ &_, 4._ ,.., ip 7 I 1 i . I / 1 II i • • 4 i •••- ..• et• • 1:I, " i ! • .IllellPill;7P2Jligell10L.' .. .. (......iiii t L / $ . .,'.- -..-.. . i { / 1 1 I i . I_ Iprimmmik THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 90- 9 BEING A BY- LAW TO amend By- Law No . 90 - 7 page 2 to correct a typing error in regard to the County mill rate as fo ) ]_ows : Residential & Farm rate 39 . 583 Commercial & Business rate 46 . 569 all other wording to remain unchanged . READ A FIRST , SECOND AND THIRD TIME AND FINALLY PPSSED THIS 12TH DAY OF JULY , 1990 . j' } REEVE t E / AP ..' 1 1 91 I' A 1 IL i •. .•: • r . 1 1 t-9 4...'•r. 441° 1- : '. f 1. .... g f'; .-% 1--. rji i 1 1 i1 _ .r ,.. . .. . ...‘p ... +,-.t.. `.? _1 , --•• 4 "` _ t 1, i . • • • 51 • n • \r th , # ,Y7111141 '"IC ( itet'? i If 1 • t ■ I. • • • . • C f • Ir• • r'-•l co • /•-r CZ I C ' 04 I IN 1 • ,. i 4- r." r F. L; ( t-1 C..) }a tt! ..y 4-+ • i -...of 3.•i I'L44 .." ILj '" t�4' . •V t �--� 14. •41111 1 g.•'a a ••- 3 4044,4 1:::.1.\c7,411 ,4 .114k . ei .' • ►_s lv s= f • 'J <<'S So r . t .• �,'� 1 ,', ,.4 l m f C it---t -4' U7 Or • • r ►_ . - .."..)Nlic .. - i'J i."1- a) It 4 THE CORPORATION OF THE VILLAGE Or VIENNA BY-LAW NO . 90 - 10 BEING A BY-LAW to authorize the Village Vienna of ti senna to Illir sign an agreement with the Canada Mortgage and IllirHousing Corporation for the sale of part of lots 9 , 10 , and 11 RKONtlinid Plan No . 54 , Village of Vienna , RP 11R4204 PART I ( 143 . 95 x 92 . 76 x 57 . 24 x 139 . 45 ) r Illir READ A FIRST , SECOND AND THIRD TIME AND FINALLY PPSS ED THIS 12TH DAY OF JULY , 1990 . d!2-4e)L4r,c) REE i C R . K • 1 4 1 • t THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 90- 10 BEING A BY-LAW to authorize the Village of Vienna to sign an agreement with the Canada Mortgage and Housing Corporation for the sale of part of lots 9 , 10 , and 11 mitoxxxxma Plan No . 54 , Village of Vienna RP 11R4204 PART I ( 143 . 95 x 92 . 76 x 57 . 24 x 139 . 45 ) READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF JULY , 1990 . w / REE Ifr CLERK d; \r;(Th ,J4,) j • SCHEDULE 1 THE CORPORATION OF THE VILLAGE OF VIENNA • BY-LAW NO. 90-11 Being a By-law to Regulate the use of Land, Buildings and Structures on Part Lots 17 and 20, east side of Otter Creek, west side of lighway No. 19. 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 APPUCATION The provisions of this By-law shall apply to all lands, buildings and structures within the boundaries of Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, 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 Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, except in conformity with the provisions of this By-law. 2 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 APPUCA11ON OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any other By-law of the 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 .5 VAUD(TY 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 - DEFINMONS 2.1 ACCESSORY, shall mean a use, a building, or structure that is normally incidental, sub-ordinate, and exclusively devoted to a main use, building, or structure and that is located on the same lot therewith. 2.2 ALTER, when used in reference to a building or structure or part thereof, shall mean to change any one or more of the internal or external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "atter" means to change the width, depth, or area of any required yard, setback, landscaped open space, or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alternation is made by conveyance or alienation of any portion of said lot, or otherwise. 3 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 ATTIC, shall mean the portion of a building situated wholly or part within the roof and which is not one-half storey. 2.5 BASEMENT, shall mean that portion of a building between two floor levels which is parity underground but which has at least one-half of its height from finished floor to finished ceiling above adjacent finished ground surface or grade. 2.6 DUFFER STRIP, shall mean an area used for no other purpose than the planting of a continuous row of trees or an unpierced hedgerow of natural evergreens or shrubs, not less than 1 .2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereof, along with such planting strip may be a closed board fence or chain link fence which is a minimum of 1 .2 metres high. 2.7 BUILDING, shall mean any structure whether temporary or permanent, used or intended for shettering any use or occupancy and shall include a trailer as defined in clause (a) of paragraph 95 of Section 210 of the Municipal Act, as amended and revised from time to time, and shall also include a mobile home as defined in clause 45 (1 ) (a) of the Planning Act, as amended and revised from time to time, but shall not include a boundary wall or fence. 2.8 BUILDING AREA, shall mean an area designated on a zoning map or zoning map schedule as "Building Area" which defines the area of a lot within which permitted buildings or other structures may be erected, used, and maintained. 2.9 BUILDING INSPE OR, 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, the Ontario Building Code, or any other building code or building by-law of the Municipality. 4 2. 10 CELLAR, shall mean that portion of a building between two floor levels _ which is partly or wholly underground but which as more than one-half of its height from finished floor to ceiling below adjacent finished ground surface or grade. 2.11 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 and verandas, steps, cornices, eaves, bay windows, chimneys. 2. 12 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, or living quarters for a caretaker, watchman, or other person or persons using living quarters which are accessory to a non-residential building or structure. 2. 13 DWEWNG= SINGLE-UNIT DETACHED, shall mean a completely detached dwelling unit designed, and intended for occupancy by people but does not include a mobile home. 2.14 EFFECTIVE DATE, shall mean the date that this By-law shall be deemed to come into full force and effect upon the issuance of a formal order pursuant to Section 34(19) of the Planning Act, as amended and revised from time to time. 2.15 ERECT, shall include build, construct, reconstruct, atter and relocate and, not to limit the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. • 5 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, cellar, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and excluding any floor area with a ceiling height of less than two (2.0) metres. 2.17 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a building designed 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. 2.18 HEIGHT, when used with reference to a building or structure shall mean the vertical distance between the 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). The height regulations shall not apply to any ornamental dome, skylight, chimney, tower, storage silo, barn, 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 (1 ) assistant who is not a resident of the said dwelling. 6 2.20 LOT, is all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land and shall be 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 the right-of-easement but does not include a lot or a block on a registered plan of subdivision which has been deemed to be a registered plan of subdivision by a by-law passed pursuant to the Planning Act, 1983, as amended from time to time. 2.21 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 where projected to the point of intersection. 2.22 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 lien joining the centre of the front and the centre of the rear lot lines at a point six (6.0) metres back from the front lot line and where such lot lines meet, the lot frontage shall be measured perpendicularly to the line adjoining the apex of the triangle formed by the side lot lines and a point six (6.0) metres back from the front lot line. 2.23 MAIN BUILDING, shall mean the building designed or used for the principal use on the lot. 2.24 MAIN WALL, shall mean the exterior front, side, or rear wall of a building, and all structural members essential to the support of a fully enclosed space or roof. 2.25 MUNICIPALITY, shall mean the Corporation of the Village of Vienna. 2.26 OPEN SPACE, shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this by-law, and shall include recreational facilities, landscaped areas, patios, walkways, and residential driveways. • 7 2.27 RESIDENTIAL USE, means the use of a building or structure or parts thereof as a dwelling. 2.28 STRUCTURE, shall mean any material, object, or work erected as a unit or constructed or put together of connected or dependent parts or element whether located under, on, or above the surface of the ground, but does not include a sign, fence, or boundary wall. 2.29 YARD, FRONT, shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. 'FRONT YARD D means the least horizontal dimension between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.30 YARD, REAR, shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. 'REAR YARD D means the least horizontal dimension between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.31 YARD. SIDE, shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest main wall of any building or structure on the lot. 'SIDE YARD WIDTH" means the least horizontal dimensions between the side lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.32 YARD. SIDE. EXTERIOR, shall mean a side yard immediately adjoining a public street. 2.33 YARD. SIDE, INTERI , shall mean a side yard other than an exterior side yard. 2.34 ZONE, shall mean an area delineated on a Zoning Map and identified by a zone symbol within which a specific use or group of uses are permitted by this By-law. 8 SECTION 3 - ZONES AND ZONING MAP • 3.1 ESTABUSHMENT 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 Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, in the Village of Vienna and will include the following zones: ZONE SYMBOL Special Residential First Density R1 -1 Special Parks and Open Space OS-1 Special Floodway FW-1 3.2 USE OF ZONE SYMBOLS The symbols listed in subsection 3. 1 shall be used to refer to land, buildings, and structures and the uses thereof permitted by this By-law in the said zones. 3.3 APPLICATION OF REGULATIONS No person shall within any 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 I RETATION OF ZONE BOUNDARIES The boundary of the zone is as shown on the zoning maps, hereto attached as Schedule 'A'. 9 SECTION 4 - SPECIAL SID -FIF 'T DENSITY (R1) ZONE REGULATIONS 4.1 PERMITTED USES dwelling, single unit detached; home occupations; accessory uses. 4.2 PERMI I I Li) BUILDINGS AND STRUCTURES One single-unit detached dwelling on one lot; Accessory buildings and structures for the permitted uses. 4.3 HOME OCCUPATIONS The following provisions shall apply: a) the floor area taken up by the home occupation shall be no more than 28 square metres (300 square feet) in total; b) there is no external storage of materials, containers or finished products; c) there is no mechanical equipment which gives rise to noise,fumes, dust, or odour which escape to any adjoining premises; d) the home occupation shall not involve the use of the premises as a base of operation for persons who are employed by or associated with the home occupation,nor shall the premises be used to assemble or rally such persons for transportation to a work site; rt 10 e) there shall be no visible indication that home occupation is being carried on within the dwelling unit except that one sign no larger than 0.5 square metres attached to the dwelling unit shall be permitted to show the name and callings of the residents concerned; f) no retail use of the dwelling unit shall be permitted as a home occupation, except retail sales of a finished article as provided in subsection i) ; g) no institutional use of the dwelling unit shall be permitted as a home occupation; h) no food preparation or service shall be provided in connection with the home occupation; i) no manufacturing or assembly shall be carried on or in connection with the home occupation except for the fabrication of handmade articles of clothing, arts or crafts; j) no lodging, or the establishment or operation of a boarding house, rooming house or tourist home shall be permitted in connection with a home occupation. k) no lands, premises, detached garages or accessory buildings associated with the dwelling unit shall be used in connection with the home occupation; I) one off-street parking space shall be provided for every 18.5 square metres (200 square feet) of floor area, or a portion thereof, devoted to the home occupation; m) and, for greater clarity, such uses include the offices or consulting room for a professional 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 plumber, carpenter, painter or electrician and the workroom for a dressmaker, milliner, or hairdresser and a day nursery limited to five (5) charges, but does not include or permit a clinic, any shop, tea room, tourist home, convalescent home, mortuary, funeral parlour, dancing school, rooming house, boarding house, hairdressing or any similar use or other commercial use or institutional use or a workshop, storage yard, parking area or plant for any of the trades. J:.7 .��' Cy a. - ,� ♦�1 =-v+4- ..�c .pts 5` k*:•*“-' E` I..`I++ r . , • 11 4.4 ACCESSORY USES Accessory uses, buildings or structures, are permitted subject to the provisions of this By-law provided that no accessory building or use shall: a) be used for human habitation; b) be erected in the front yard of the lot; c) be built closer to the street or road than the main building is to the street or road; d) be buitt closer than two (2.0) metres to any lot line; e) exceed eighteen and one-hatf (18.5) square metres of floor area or have a height exceeding three and one-half (3.5) metres; f} be buitt within two (2.0) metres of the main building; g) be considered as an accessory building if attached to the main building in any way; h) be considered an accessory building if located completely underground. 4.5 MINIMUM LOT AREA 2.5 hectares. 4.6 MINIMUM LOT FRONTAGE Notwithstanding any other provisions of this By-law, as now or hereafter amended, a 3.0 metre minimum lot frontage on a private road providing vehicular access to Highway No. 19 is required. 12 4.7 MAXIMUM BUILDING COVERAGE 30 percent. 4.8 MINIMUM FLOOR AREA 100.0 square metres. 4.9 MINIMUM FRONT YARD 7.0 metres from the required lot frontage in accordance with Section 4.6 of this By-law. 4.10 MINIMUM REAR YARD 7.0 metres. 4.11 REGULATIONS FOR BUILDINGS AND STRUCTURES Notwithstanding any other provision of this By-law, any building or structure erected adjacent to the Spec'al Parks & Open Space (OS-1 ) Zone shall be setback a minimum distance of 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the Big Otter Creek and 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the gully forming the eastern boundary of the Special Residential-First Density (R1 -1 ) Zone. 4.12 BUFFER STRIP A buffer strip in accordance with Section 2.6 shall be required on all lands outlined on Schedule 'B' to this By-law which Schedule is attached to and forms part of this By-law. 13 SECTION 5 - SPECIAL PARKS AND OPEN SPACE (OS-1) ZONE REGULATIONS 5.1 DEFINED AREA All lands between the 660 foot contour elevation (Canadian Geodetic Datum) and the Long Point Region Conservation Authority's established limit of the engineered Floodway (FW) Zone of the Big Otter Creek as shown on Schedule 'A' to this By-law. 5.2 PERMITTED USES Existing uses on the day of passing of this By-law. 5.3 PERMITTED BUILDINGS AND STRUCTURES Only those buildings and structures existing on the day of passing of this By-law. SECTION 6 - SPECIAL FLOODWAY (FW-I) ZONE REGULATIONS 6.1 DEFINED AREA All lands below the Long Point Region Conservation Authority's established limit of the engineered Floodway of the Big Otter Creek as shown on Schedule 'A' to this By-law. 6.2 PERMITTED USES Existing uses on the day of passing of this By-law. 6.3 PERMITTED BUILDINGS AND STRUCTURES Only those buildings and structures existing on the day of passing of this By-law. • 14 7. 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 26th day of July, 1990. READ a SECOND time this 26 day of July, 1990. READ a THIRD time and FINALLY PASSED this 28th day of July, 1990. p c • ov .0.4 1. /to 4. I REEVE CLERK VILLAGE o VIENNA "A" REGISTERED PLAN NO. 54 II 13 1 i 12 \ __ co 11 Irma Z 1 0 a / iI 9 8\ .. 6 • i 5 R1 -1 4 4 • GUERNSEY STREET AABY BY-LAW 634) -- 3 2 W W t/ ... S ® I V td. 0S-1 Ul s I . • • ', C r4 \ : dA 17 ! • 7 • r FW-1 . , • a OS-1 t ; �' ,� r r 4 . t� { t ff 7 This is Schedule "A" to By-law No . 90- 11 SCALE - 1:2500 passed e 28th day of July , 1990 X/ . 9 50 100 eeve C erk ` METRES k .. VILLAGE CE VIENNA SCHEDULE "B " 0 I 12 13 T i1 Z ›. , Q 10 • 9 8 rillIM-. Nimrlw 6""' "'" In.''l 0 1 -±w 1 ....___________ -s 5 4 GIUNINSEY STREET err SY4Avi 0334) /II w 3 \ V 2 w 1 ---- Area where butter strip is required it).• This is Schedule "eta to By- law No . 90- I 1 SCALE _ 1 :2500 passed t e 28th day of July , 1990 • o • o 50 goo - - �..... ' _ .. _. _ . as - . Resv. a METRES FORM 1 • PLANNING ACT, 1983 NOTICE OF PASSING OF A ZONING BY-LAW 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. 90-11 on the 28th day of July, 1990 under Section 34 of the PLANNING ACT, 1983. 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 of the Village of Vienna not later than the 21st day of August 1990, 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, describing the lands to which the By-law applies and a key map showing the location of the lands to which the By- law applies are attached. The complete By-law is available for inspection in the office of the Village Clerk on Tuesdays and Thursdays. DATED AT THE VILLAGE OF VIENNA THIS 1ST DAY OF AUGUST, 1990. • Mrs. Lynda Millard Clerk Village of Vienna P.O. BOX 133 VIENNA, Ontario NcJ 1Z0 • EXPLANATORY NOTE BY-LAW NO. 90-11 VILLAGE OF VIENNA The purpose of By-law No. 90-11 is to create zone standards for lands located on Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19 in the Village of Vienna. The subject lands are comprised of approximately 8.7 hectares (21 .5 acres) and are occupied by derelict agricultural structures. The effect of this By-law will be to permit the creation of three residential lots pursuant to the process of severance and conveyance. A private road comprised of a 7.5 metre (24.5 feet) strip of land will provide access to the proposed lots from Highway No. 19. A key map showing the location of the lands to which By-law No. 90-11 applies is attached hereto. VILLAGE OF VIENNA Proposed Residential Oev t l o pMA t • i 1 U$JECT LAMS allirtrep E-11111/ IlliggAsAt it*rill"171 ILAplos4 f 01;13,ra, . .11. ritleforr a , ..• • • SUSA CI LAMS C.�e�C�rw i ■r1 fte a '+NN... Cly 4■ir.eA� EU.) . . SCHEDULE 1 THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 90-11 Being a By-law to Regulate the use of Land, Buildings and Structures on Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19. 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 , APPUCAT1ON The provisions of this By-law shall apply to all lands, buildings and structures within the boundaries of Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, 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 1 or used within the boundaries of Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, except in conformity with the provisions of this By-law. r 2 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 APPLICATION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any other By-law of the 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 .5 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, sub-ordinate, and exclusively devoted to a main use, building, or structure and that is located on the same lot therewith. 2.2 ALTER, when used in reference to a building or structure or part thereof, shall mean to change any one or more of the internal or external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter ' means to change the width, depth, or area of any required yard, setback, landscaped open space, or parking area, or to change the location of any boundary of such lot with respect to a • street or lane, whether such alternation is made by conveyance or alienation of any portion of said lot, or otherwise. F 3 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 ATTIC, shall mean the portion of a building situated wholly or part within the roof and which is not one-half storey. 2.5 BASEMENT, shall mean that portion of a building between two floor levels which is partly underground but which has at least one-half of its height from finished floor to finished ceiling above adjacent finished ground surface or grade. 2.6 BUFFER STRIP, shall mean an area used for no other purpose than the planting of a continuous row of trees or an unpierced hedgerow of natural evergreens or shrubs, not less than 1 .2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereof, along with such planting strip may be a closed board fence or chain link fence which is a minimum of 1 .2 metres high. 2.7 BUILDING, shall mean any structure whether temporary or permanent, used or intended for sheltering any use or occupancy and shall include a trailer as defined in clause (a) of paragraph 95 of Section 210 of the • Municipal Act, as amended and revised from time to time, and shall also include a mobile home as defined in clause 45 (1 ) (a) of the Planning Act, as amended and revised from time to time, but shall not include a boundary wall or fence. 2.8 BUILDING AREA, shall mean an area designated on a zoning map or zoning map schedule as "Building Area" which defines the area of a lot within which permitted buildings or other structures may be erected, used, and maintained. CL 2.9 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, the Ontario Building Code, or any other building code or building by-law of the Municipality. 4 2. 10 CELLAR, shall mean that portion of a building between two floor levels • which is partly or wholly underground but which as more than one-half of its height from finished floor to ceiling below adjacent finished ground surface or grade. 2. 11 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 and verandas, steps, cornices, eaves, bay windows, chimneys. 2. 12 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, or living quarters for a caretaker, watchman, or other person or persons using living quarters which are accessory to a non-residential building or structure. 2. 13 DWELLING, SINGLE-UNIT DETACHED, shall mean a completely detached dwelling unit designed, and intended for occupancy by people but does not include a mobile home. 2. 14 EFFECTIVE DATE, shall mean the date that this By-law shall be deemed to come into full force and effect upon the issuance of a formal order pursuant to Section 34(19) of the Planning Act, as amended and revised from time to time. 2. 15 ERECT, shall include build, construct, reconstruct, alter and relocate and, • not to limit the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. r_ . . 5 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, cellar, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and excluding any floor area with a ceiling height of less than two (2.0) metres. 2.17 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a • building designed 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. 2.18 HEIGHT, when used with reference to a building or structure shall mean the vertical distance between the 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) . The height regulations shall not apply to any ornamental dome, skylight, chimney, tower, storage silo, barn, 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 (1 ) assistant who is not a resident of the said dwelling. • 6 2.20 LOT, is all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land and shall be 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 the right-of-easement but does not include a lot or a block on a registered plan of subdivision which has been deemed to be a registered plan of subdivision by a by-law passed pursuant to the Planning Act, 1983, as amended from time to time. 2.21 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 where projected to the point of intersection. 2.22 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 lien joining the centre of the front and the centre of the rear lot lines at a point six (6.0) metres back from the front lot line and where such lot lines meet, the lot frontage shall be measured perpendicularly to the line adjoining the apex of the triangle formed by the side lot lines and a point six (6.0) metres back from the front lot line. 2.23 MAIN BUILDING, shall mean the building designed or used for the principal use on the lot. 2.24 MAIN WALL, shall mean the exterior front, side, or rear wall of a building, and all structural members essential to the support of a fully enclosed space or roof. 2.25 MUNICIPALITY, shall mean the Corporation of the Village of Vienna. • 2.26 OPEN SPACE, shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this by-law, and shall include recreational facilities, landscaped areas, patios, walkways, and residential driveways. • 7 2.27 RESIDENTIAL USE, means the use of a building or structure or parts thereof as a dwelling. 2.28 STRUCTURE, shall mean any material, object, or work erected as a unit or constructed or put together of connected or dependent parts or element whether located under, on, or above the surface of the ground, but does not include a sign, fence, or boundary wall. 2.29 YARD, FRONT, shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest main wall of any • main building or structure on the lot. "FRONT YARD DEPTH" means the least horizontal dimension between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.30 YARD, REAR, shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. "REAR YARD DEPTH" means the least horizontal dimension between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.31 YARD, SIDE, shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest main wall of any building or structure on the lot. "SIDE YARD WIDTH" means the least horizontal dimensions between the side lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.32 YARD, SIDE, EXTERIOR, shall mean a side yard immediately adjoining a public street. • 2.33 YARD, SIDE, INTERIOR, shall mean a side yard other than an exterior side yard. 2.34 ZONE, shall mean an area delineated on a Zoning Map and identified by a zone symbol within which a specific use or group of uses are permitted by this By-law. 4. 8 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 Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19, in the Village of Vienna and will include the following zones: ZONE SYMBOL • Special Residential First Density R1 -1 Special Parks and Open Space OS-1 Special Floodway FW-1 3.2 USE OF ZONE SYMBOLS The symbols listed in subsection 3. 1 shall be used to refer to land, buildings, and structures and the uses thereof permitted by this By-law in the said zones. 3.3 - APPLICATION OF REGULATIONS No person shall within any 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 maps, hereto attached as Schedule 'A'. 9 SECTION 4 - SPECIAL RESIDENTIAL-FIRST DENSITY (R1) ZONE REGULATIONS 4. 1 PERMITTED USES dwelling, single unit detached; home occupations; - -f accessory uses. 4.2 PERMITTED BUILDINGS AND STRUCTURES One single-unit detached dwelling on one lot; Accessory buildings and structures for the permitted uses. 4.3 HOME OCCUPATIONS The following provisions shall apply: a) the floor area taken up by the home occupation shall be no more than 28 square metres (300 square feet) in total; b) there is no external storage of materials, containers or finished products; c) there is no mechanical equipment which gives rise to noise,fumes, dust, or odour which escape to any adjoining premises; • d) the home occupation shall not involve the use of the premises as a base of operation for persons who are employed by or associated with the home occupation,nor shall the premises be used to assemble or rally such persons for transportation to a work site; 10 e) there shall be no visible indication that home occupation is being carried on within the dwelling unit except that one sign no larger than 0.5 square metres attached to the dwelling unit shall be permitted to show the name and callings of the residents concerned; f) no retail use of the dwelling unit shall be permitted as a home occupation, except retail sales of a finished article as provided in subsection I) ; g) no institutional use of the dwelling unit shall be permitted as a home occupation; h) no food preparation or service shalt be provided in connection with the home occupation; i) no manufacturing or assembly shall be carried on or in connection with the home occupation except for the fabrication of handmade articles of clothing, arts or crafts; j) no lodging, or the establishment or operation of a boarding house, rooming house or tourist home shall be permitted in connection with a home occupation. k) no lands, premises, detached garages or accessory buildings associated with the dwelling unit shall be used in connection with the home occupation; 1) one off-street parking space shall be provided for every 18.5 square metres (200 square feet) of floor area, or a portion thereof, devoted to the home occupation; m) and, for greater clarity, such uses include the offices or consulting room for a professional 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 plumber, carpenter, painter or electrician and the workroom for a • dressmaker, milliner, or hairdresser and a day nursery limited to five (5) charges, but does not include or permit a clinic, any shop, tea room, tourist home, convalescent home, mortuary, funeral parlour, dancing school, rooming house, boarding house, hairdressing or any similar use or other commercial use or institutional use or a workshop, storage yard, parking area or plant for any of the trades. 1 . 11 4.4 ACCESSORY USES Accessory uses, buildings or structures, are permitted subject to the provisions of this By-law provided that no accessory building or use shall: a) be used for human habitation; b) be erected in the front yard of the lot; c) be built closer to the street or road than the main building is to the street or road; d) be built closer than two (2.0) metres to any lot line; e) exceed eighteen and one-half (18.5) square metres of floor area or have a height exceeding three and one-half (3.5) metres; . f) be built within two (2.0) metres of the main building; g) be considered as an accessory building if attached to the main building in any way; h) be considered an accessory building if located completely underground. 4.5 MINIMUM LOT AREA 2.5 hectares. 4.6 MINIMUM LOT FRONTAGE 0 Notwithstanding any other provisions of this By-law, as now or hereafter amended, a 3.0 metre minimum lot frontage on a private road providing vehicular access to Highway No. 19 is required. • 12 4.7 MAXIMUM BUILDING COVERAGE • 30 percent. 4.8 MINIMUM FLOOR AREA 100.0 square metres. 4.9 MINIMUM FRONT YARD 7.0 metres from the required lot frontage in accordance with Section 4.6 of this By-law. 4.10 MINIMUM REAR YARD 7.0 metres. 4.11 REGULATIONS FOR BUILDINGS AND STRUCTURES Notwithstanding any other provision of this By-law, any building or structure erected adjacent to the Special Parks & Open Space (OS-1 ) Zone shall be setback a minimum distance of 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the Big Otter Creek and 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the gully forming the eastern boundary of the Special Residential-First Density (R1 -1 ) Zone. 4. 12 BUFFER STRIP A buffer strip in accordance with Section 2.6 shall be required on all lands outlined on Schedule 'B' to this By-law which Schedule is attached to and forms part of this By-law. • 13 • SECTION 5 - SPECIAL PARKS AND OPEN SPACE (OS-1) ZONE REGULATIONS 5. 1 DEFINED AREA All lands between the 660 foot contour elevation (Canadian Geodetic Datum) and the Long Point Region Conservation Authority's established limit of the engineered Floodway (FW) Zone of the Big Otter Creek as shown on Schedule 'A' to this By-law. 5.2 PERMITTED USES • Existing uses on the day of passing of this By-law. 5.3 PERMITTED BUILDINGS AND STRUCTURES Only those buildings and structures existing on the day of passing of this By-law. SECTION 6 - SPECIAL FLOODWAY (FW-1 ) ZONE REGULATIONS 6.1 DEFINED AREA All lands below the Long Point Region Conservation Authority's established limit of the engineered Floodway of the Big Otter Creek as shown on Schedule 'A' to this By-law. 6.2 PERMI1 l ED USES Existing uses on the day of passing of this By-law. • 6.3 PERMITTED BUILDINGS AND STRUCTURES Only those buildings and structures existing on the day of passing of this By-law. • 14 7. 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 26th day of July, 1990. READ a SECOND time this 26 day of July, 1990. READ a THIRD time and FINALLY PASSED this 28th day of July, 1990. ie_27.Jes.:Es4 _ ________ REEVE CLERK 2 6 VILLAGE OF VIENNA SCHEDULE " A" REGISTERED PLAN NO. 54 13 � 12 T 11 cbd Z 10 Q 9 = I . 8 si Q 1 o \ 0 j .. 6 W 0 FTI - I 1.-. o 05 a. o GUERNSEY STREET ZW (CLOSED BY BY-LAW 634) a. YU ¢ 3 w Q 2 U � 02 ' d OS-1 a I til o o R o g j 0 j / 2 / FVV -110 ) -.,4-, 0 U OS-1 ; / i\‘' 1 This is Schedule "A" to Bv- law No . 90- 11 SCALE - 1 :2500 passed t e 28th day of July , 1990 . �fl�d 0 50 100 ile eeve C erk METRES • • • 4 VILLAGE CF VIENNA SCHEDULE B ____-_----._._ awl.E. enw.ww. ............ ... ........ • 1 12 13 � � • T -- o 11 Z 1 __ 10 1 \ . 9 C3 8 I I7 . , -6 — — 5 -- 4 GUERNSEY STREET (CLOSED BY BY-LAW 634) W 13 W � 2 0 i ` ti/ 1 1 1 O \ ..M.-- Area where buffer strip is required. / f . . • / / - / This is Schedule "B " to By- law No . 90- 11 SCALE - 1 :2500 passed t e 28th day of July , 1990 Aid . i'ilei4lr- ileaCt4 J 0 50 190 Reeve Cleft METRES FORM I PLANNING ACT 1963 NOTICE OF PASSING OF A ZONING BY-LAW 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. 90-11 on the 28th day of July, 1990 under Section 34 of the PLANNING ACT, I 963. 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 of the Village of Vienna not later than the 21st day of August 1990, 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, describing the lands to which the By-law applies and a key map showing the location of the lands to which the By- law applies are attached. The complete By-law is available for inspection in the office of the Village Clerk on Tuesdays and Thursdays. DATED AT TE VILLAGE OF VIENNA THIS 1ST DAY OF AUGUST, 1990. Mrs. Lynda Millard Cleric Village of Vienna P.O. BOX 133 VIENNA, Ontario NOJ 1 ZO EXPLANATORY NOTE BY-LAW NO. 90-11 VILLAGE OF VIENNA • The purpose of By-law No. 90-11 is to create zone standards for lands located on Part Lots 17 and 20, east side of Otter Creek, west side of Highway No. 19 in the Village of Vienna. The subject lands are comprised of approximately 8.7 hectares (21 .5 acres) and are occupied by derelict agricultural structures. The effect of this By-law will be to permit the creation of three residential lots pursuant to the process of severance and conveyance. A private road comprised of a 7.5 metre (24.5 feet) strip of land will provide access to the proposed lots from Highway No. 19. A key map showing the location of the lands to which By-law No. 90-11 applies is attached hereto. e VILLAGE OF V.1NA Lot srw y$IMottal Di,.Ie.t 1 • ik: ' UJJECT LMI iillirt-'ib li4 i ' 51• Vit, �- 1; 1 j_i _ `111111 ;_;A$-":1; ,�• • s O 't • NV •'t om 0! tt' ...1.112-11. vi'•?--- iitr l'ib„ sk- -Doasf-.* 1.1, • • 111.14.11AtLiVial -; ' - ii -Nil t-t; - - muk .r ,, t : 4/_% 'Z Iovzil . . ! -,..... - • 0 4. (t i s UILJECT LANK *_I b. . i . 1 ` ill ••N illi VILLAGE OF VIENNA .. . . 0 COMPREHENSIVE ZONING BY-LAW NO. 90-12 1 AUGUST 1990 FORM 1 PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW 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. 90-12 on the 13th day of September, 1990 under Section 34 of the THE PLANNING ACT, 1 93. 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 of the Village of Vienna not later than the 16th day of October, 1990, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. The purpose of this By-law is to regulate the use of land, buildings and structures in the Village. The By-law is intended to ensure orderly and compatible development throughout the Village of Vienna. The complete By-law is available for inspection in my office during regular office hours. DATED AT THE VILLAGE OF VIENNA THS 26TH DAY OF SEPTEMBER, 1990. Mrs. Lynda Millard Clerk Village of Vienna P.O. Box 133 Vienna, Ontario NOJ 1Z0 EXPLANATORY NOTE PURPOSE AND EFFECT OF ZONING BY-LAW NO. 90-12 • OF THE VILLAGE OF VIENNA The purpose of this by-law is to regulate the use of land, buildings and structures in the Village. The By-law is intended to ensure orderly and compatible development throughout the Village and must be in conformity with the Official Plan of the Village of Vienna. All Site Specific Zoning By-laws of the Village, adopted by the Council of the Village of Vienna, will be replaced by this new Zoning By-law. The By-law is comprised of the following sections. 1 . INTERPRETATION AND ADMINISTRATION: deals with matters of an interpretative and administrative nature. tt establishes, among other things, that the By-law applies to all lands within the Village, who will administer the By-law, requirements for building permits and violations and penalties for contraventions of the By-law. 2. DEFINITIONS: contains over 170 definitions of terms used in the By-law. 3. ZONES AND ZONING MAPS: establishes the specific land use zones used in the By-law. It also deals with how exceptions to a general land use zone are treated in the By-law; multiple zoning (or more than one zone on a single property), and the interpretation of zone boundaries. 4. GENERAL PROVISION: includes provisions which apply to all or a number of specific land use zones. For example, provisions are contained regarding accessory uses, home occupations, setbacks from arterial roads, buffer strips, and parking requirements. 5. RESIDENTIAL FIRST DENSITY (R1) ZONE: applies to low density residential lots within the planning area. Permitted uses include one single unit detached dwelling on one lot, home occupations and accessory uses. 6. RESIDENTIAL SECOND DENSITY (R2) ZONE: applies to medium density residential lots within the planning area. Permitted buildings and structures include a multi-unit residential dwellings, a boarding house, rooming house, senior citizen homes and accessory buildings. 7. CENTRAL COMMERCIAL (C1) ZONE: applies to commercial uses in the central core area of the Village. A broad range of commercial uses are permitted as well as dwelling units as accessory uses. 8. LOCAL COMMERCIAL (C2) ZONE: applies to commercial uses throughout the remainder of the Village. This zone permits a range of commercial uses which can exist in harmony with residential development. i 9. INDUSTRIAL (M) ZONE: applies to all industrial uses within the Village. A broad range of industrial uses are permitted in the Village of Vienna as well as dwelling units as accessory uses. 10. I NAL (1) ZONE: applies to institutional uses such as churches, schools, libraries, and government buildings or offices throughout the Village. A dwelling unit as an accessory use is also permitted. 11 . PARKS AND OPEN SPACE (OS) ZONE: applies to open space uses such as campgrounds, conservation areas and parks throughout the Village. There is no minimum lot size prescribed in the OS Zone, however, the minimum yard setback is seven and one-half (7.5) metres and shall not cover more than twenty (20) percent of the area of the lot. 12. FLOODWAY (FW) ZONE: the lands within the FW Zone have been deemed to be susceptible to flooding and therefore the list of permitted uses is limited to those uses already in existence, conservation areas, flood control, parks and parking areas. Any building activity in this zone is to be done only with the written approval of the Conservation Authority and the Ministry of Natural Resources. 13. FL00DFRINGE (FF) ZONE: the FF Zone permits similar uses as those permitted in the Residential First Density (R1 ) Zone. The zone also prescribes floodproofing measures, based on engineered flood lines, which regulate the erection and reconstruction of buildings. Any building activity in this zone is to be done only with the written approval of the Conservation Authority and the Ministry of Natural Resources. 14. FUTURE DEVELOPMENT (FD) ZONE: permits all buildings, structures and uses existing on the date of the passing of the By-law and allows their expansion in compliance with applicable regulations of this By-law. This zone is applied to areas where future development may be expected to occur pursuant to the submission of specific development proposal. ii VILLAGE OF VIENNA ZONING BY-LAW NO. 9 0 - 12 a A By-law to reguiate the use of land, and the character, location aid use of buildings and structures h the Village of Vienna WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to enact a Zoning By-law; NOW THEREFORE the Council of the Corporation of the Village of Vienna, pursuant to the Planning Act, 1983, and all other powers thereunto enabling, enacts as follows: SECTION 1 - INTERPRETATION AND AD MON 1 .1 Tnig This By-law shall be known as the "Zoning By-law" of the Corporation of the Village of Vienna. 1 .2 APPLICATION The provision of this By-law shall apply to all lands within the boundaries of the Corporation of the Village of Vienna as now or hereafter legally constituted. 1 .3 SCOPE No land shall be used and no buildings or structures shall be erected, altered, or used within the Village of Vienna except in accordance with the provisions of this By-law and except as permitted by this By-law. 1 .4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of the Municipality. 1 .5 MEANING OF SHALL In this By-law, the word "shall" shall always be construed as mandatory. 2 1 .6 NUMBER AND GENDER In this By-law, unless the contrary intention appears otherwise, words imparting the singular number or the masculine gender only shall include more persons, parties, or things of the same kind than one, and females as well as males, and the converse. 1 .7 ADMINISTRATION This By-law shall be administered by the Building Inspector or such other person as the Council of the Village of Vienna designates. 1 .8 INSPECTION OF PREMISES The Building Inspector or any other person acting under the direction of Council, may, at any reasonable hour, enter and inspect a property or premises where there is reason to believe that any land has been used or any building or structure has been erected, altered, or enlarged, or used in violation of any of the provisions of this By-law. 1 .9 APPUcATION FOR BUILDING PERMITS In addition to all other requirements of the Ontario Building Code or any other building code or building by-law, every applicant fora building permit shall file with his application a plan, in duplicate, drawn to scale, in metrics, showing the true dimensions of the lot proposed to be built upon or otherwise developed, the pro location, grade, height and dimensions of the building or work in respect of which the permit is applied for and the location on such lot of every existing building, together with a statement, signed by the owner, disclosing the exact use pro for each building aforesaid and giving all information necessary to determine whether or not such building and the proposed use thereof conform with the requirements of this By-law. 1 .10 LICENCES AND PERMITS No municipal permit, certificate, or licence shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in violation of any provisions of this By-law. 1 .11 VIOLATIONS AND PENALTIES 1 .11 .1 Pursuant to Section 66 of the Planning Act, 1983, any person who uses land, or erects or uses any building or structure or any part of any lot, building or structure in a manner contrary to any requirement of this by- law, or who causes or permits such use or erection or who violates any provision of this By-law, or causes or permits such violation, is guilty of an offence, and upon conviction is liable: on a first conviction to a fine of not more than $20,000; and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. 3 1 .11 .2 Where a corporation is convicted of contravening any provisions of this By-law, the maximum penalty that may be imposed is: on a first conviction a fine of not more than $50,000; and on a subsequent • conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 1 .11 .3 Each day of violation shall constitute an offence. 1 .11 .4 Any building or structure which contravenes any requirement of this By- law may be removed or altered at the instance of the Corporation, pursuant to the provisions of the Municipal Act, 1980, or the Planning Act, 1983, as amended. 1 .12 REPEAL OF EXISTING BY-LAWS From the coming into force of this By-law all previous by-laws passed under Section 34 of the Planning Act, 1983 or a predecessor thereof, shall be deemed to have been repealed except to the extent that any of the said by-laws prohibits the use of any land, building or structure for a purpose that is also prohibited by this By-law. 1 .13 APPLJGAI1ON OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of the Building By-law or any other by-law of the Municipality in force from time to time or the obligation to obtain any license, permit, authority or approval required under any by-law of the Municipality. 1 .14+ 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. 1 .15 EFFECTIVEDATE This By-law shall, upon approval of the Ontario Municipal Board, come into full force and effect as of the date of passing hereof. 4 SEC11ON 2 - DEF1NMONS • For the purpose of this By-law, the definitions given herein shall govern. 2.1 ABATTOIR, shall mean a building, structure or lot or part thereof used for the slaughter of livestock, pouttry or other animals for the purpose of processing or rendering. 2.2 ACCESSORY, shall mean a use, a building, or structure that is normally incidental, sub-ordinate, and exclusively devoted to a main use, building, or structure and that is located on the same lot therewith. 2.3 ACCESSORY LIVING QUARTERS, shall mean living quarters within an accessory building located on the same premises as the main building for the sole use of persons employed on the premises or members of the family of the occupant of the main building, such dwelling unit having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. 2.4 AGRICULTURAL USE, shall mean the cultivation of land, the production of crops and the selling of such product on the premises, and the breeding and care of livestock and the selling of such livestock or the product of such livestock raised on the premises, and without limiting the generality of the foregoing includes animal husbandry, and the raising and harvesting of field, bush, tobacco, tree or vine crops, truck gardening, nurseries, greenhouses, mushroom farming and sod farming including the related sights, sounds, smells, and noises. 2.5 ALTER, when used in reference to a building or structure or part thereof, shall mean to change any one or more of the internal or external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "atter" means to change the width, depth, or area of any required yard, setback, landscaped open space, or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alternation is made by conveyance or alienation of any portion of said lot, or otherwise. 2.6 ANIMAL CONIC or HOSPITAL shall mean any building containing more than two rooms, used or intended for use for the purpose of a veterinarian practice. 2.7 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. 2.8 ATTIC, shall mean the portion of a building situated wholly or part within the roof and which is not one-half storey. 5 2.9 AUTOMOBILE BODY SHOP, shall mean a building or structure where motor vehicles are kept for repair including the complete repair to vehicle 0 • bodies, frames, chassis, or motors and the painting, upholstering, glass ` replacement and cleaning of such vehicles. 2. 10 AUTOMOBILE SALES ESTABLISHMENT, shall mean a building or lot used for the display and sale of new and used motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of motor vehicles, the sale of automotive accessories and related products and the leasing or renting of motor vehicles. 2.11 AUTOMOBILE SERVICE STATION, shall mean a building o r part of a building on a clearly defined space or a lot used for the retail sale of lubricating oils and gasolines and may include the sale of automobile accessories and where only the servicing and minor repairs essential to the operation of motor vehicles are executed or performed. It may also include the washing of motor vehicles. 2.12 AUTO WRECKING ESTABLISHMENT, shall mean a building and/or lot used for the wrecking or dismantling of motor vehicles and for the storage and sale of scrap material, salvage and parts obtained therefrom, but shall not include any other automotive use defined in this By-law. 2.13 BASEMENT, shall mean that portion of a building between two floor levels which is partly underground but which has at least one-half of its height from finished floor to finished ceiling above adjacent finished ground surface or grade. 2. 14 BOARDING HOUSE, ROOMING HOUSE OR TOURIST HOME, shall mean any house or building or portion thereof in which the proprietor resides and supplies, for hire or gain to more than two person, lodging and/or meals, but shall not include a hotel, motel, hospital, home for the young or the aged, or institution, or restaurant accommodating the general public.S 2.15 BUFFER SP, shall mean an area used for no other purpose than the planting of a continuous row of trees or an unpierced hedgerow of natural evergreens or shrubs, not less than 1 .2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereof, along with such planting strip shall be landscapec and planted with ornamental shrubs, flowering shrubs, flower beds, man-made landscape materials or a combination thereof and may also contain a closed board, picket or chain-linked fence which is a minimum of 1 .2 metres high. BUILDING, shall mean any 2.1 fi structure whether temporary or permanent, used or intended for sheltering any use or occupancy and shall include a trailer as defined in clause (a) of paragraph 95 of Section 210 of the Municipal Act, as amended and revised from time to time, and shall also include a mobile home as defined in clause 45 (1 ) (a) of the Planning Act, as amended and revised from time to time, but shall not include a boundary wall or fence. 6 2.17 BUILDING STRIP, 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. 18 BUILDING AREA, shall mean an area designated on a zoning map or zoning map schedule as "Building Area" which defines the area of a lot within which permitted buildings or other structures may be erected, used, and maintained. 2.19 BUILDING BY-LAW, shall mean any building by-law within the meaning of the Planning Act, 1983. 2.20 BUILDING INSP TOR, 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, the Ontario Building Code, or any other building code or building by-law of the Municipality. 2.21 BUILDING UNE, shall mean a line within a lot drawn parallel to a lot line; it establishes the minimum distance between the lot line and any building, or structure which may be erected. Where the lot line is a curve, the building line shall be a line drawn parallel to the chord of the arc constituting the lot line. 2.22 BUILDING OPENING, shall mean a door, window or similar opening in a building. 2.2a BULK SALES ESTABUSHMENT,, shall mean the use of land, buildings, or structures for the purpose of buying and selling building materials, ice, and allied chemicals but does not include any manufacturing, assembling, or processing uses. 2.24 CAMPGROUND, shall mean a use consisting of at least five camping sites, licensed under the provisions of the Municipal Act, R.S.O., 1980, as amended, and comprising land used or maintained for seasonal recreational activity as grounds for the camping or parking of a tent, motor home, travel trailer, or truck camper, but not a mobile home. 2.25 CANTILEVERED WALL,, shall mean an exterior front, side, or rear wall of a building which may project from a "Main Wall" into a "Yard" in accordance with the provisions of Section 4.25 of this By-law. 2.26 CARPORT, refer to the definition of Garage, Private. 2.27 DELLAR, shall mean that portion of a building between two floor levels which is partly or wholly underground but which as more than one-half of its height from finished floor to ceiling below adjacent finished ground surface or grade. 7 2.28 CEME I ERY, shall mean land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. 2.29 CHURCH, shall mean a building dedicated to religious worship and may include a church hall, church auditorium, Sunday school, parish hall, and church day nursery. 2.30 CUNIC, shall mean any building or portion thereof containing two or more offices used or intended for use for any of the purposes of medical • or dental practice, and without limiting the generality of the foregoing includes the offices or consulting rooms of members of the medical or dental professions or a chiropractor. 2.31 CUNIC: ANIMAL shall mean any building used or intended to be used for the purpose of a veterinarian practice. 2.32 CLUB, shall mean a building used or intended to be used as a meeting place for the members of an organization, association, fraternal order, or similar type group, not operated for profit and wherein athletic facilities, dining rooms, and beverage rooms may or may not be provided. 2.33 COMMERCIAL USE, shall mean the use of land or buildings for the purposes of buying and/or selling commodities and supplying services. 2.34 COMMUNITY CENTRE, shall mean a building used for community activities and not for commercial purposes, the control of which is vested in the Municipality, a local board, or trustees. 2.35 CONTRACTOR'S YARD OR SHOP, shall mean the use of land, buildings or structures for the purpose of storing construction, excavation or plant equipment, vehicles, or material or performing shop work or assembly work by any building trade contractor. 2.36 CONVENIENCE PLAZA, shall mean a group of not more than four (4) convenience stores located adjacent to one another under one roof with separate entrances, all of which front on an improved street or road which provide off-street parking. 2.37 CONVENIENCE STORE, shall mean a retail store supplying groceries and other daily household necessities to an immediate surrounding residential area. 8 2.38 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 and verandas, steps, cornices, eaves, bay windows, chimneys. 2.39 DERELICT MOTOR VEHICLE, shall mean a motor vehicle that has no market value as a means of transportation or as an instrument of husbandry, or is inoperable and may not have current license plates when required. 2.40 DOG POUND, shall mean the use of land or buildings for the purposes of impounding dogs pursuant to a by-law of the Municipality and where such dogs are kept for a minimum redemption period as defined in the Animals for Research Act, R.S.O., 1989, as amended from time to time. 2.41 DVVEWNG, 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, or living quarters for a caretaker, watchman, or other person or persons using living quarters which are accessory to a non-residential building or structure. 2.42 DWELLING, APARTMENT, shall mean a dwelling, consisting of four or more dwelling units which units have a common entrance from the street level and the occupants of which have the right to use, in common, halls and/or stairs and/or elevators and yards. 2.43 DWELLING, CONVERTED, shall mean a dwelling originally designed as a single 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. 2.44 DWELLING: DOUBLE DUPLEX or QUADRUPLEX, shall mean a building that consists of two (2) duplexes attached to each other. 2.45 DWFI t ING. DUPLEX, shall mean a building that is divided horizontally into two (2) dwelling units each of which has an independent entrance either directly or through a common vestibule. 2.46 DWELLING, MAISONETTE, shall mean a building designed to contain more than three (3) dwelling units each having an entrance from a common hallway or stairway inside the building and a separate outside entrance. 9 2.47 DWELUNG, ROW HOUSE, shall mean a building that is divided vertically into three (3) or more dwelling units, each of which has independent entrances. 2.48 DWELIING, SEASONAL, shall mean a seasonal residential building or structure used or intended to be used for intermittent residential occupancy throughout the year, but not used or intended to be used for continuous habitation, as a primary residence and/or a permanent dwelling. 2.49 DWEL'JNG. SEMI-DETACHED, shall mean a building that is divided vertically into two (2) dwelling units each of which has a independent entrance either directly or through a common vestibule. 2.50 DWEWNG, SINGLE-UNIT DETACHED, shall mean a completely detached dwelling unit designed, and intended for occupancy by people but does not include a mobile home. 2.51 DVVELLJNG, TOWNHOUSE, shall mean a separate building containing three (3) or more attached single units with a common masonry wall dividing the two dwelling units vertically, each of which has an independent entrance either directly or through a common vestibule. 2.52 DWEWNG, TRIPLEX, shall mean a building that is divided into three (3) separate dwelling units, each of which has a independent entrance either directly or through a common vestibule. 2.53 DWEWNG. Two-UNIT, shall mean a dwelling designed and intended and/or used for occupancy by people living independently of each other including duplex or semi-detached houses. 2.54 DVVELLING UNIT, shall mean one or more habitable rooms occupied or capable of being occupied which are independent and separate housekeeping establishments in which separate kitchen and sanitary facilities are provided for the use of such people, with a private entrance from outside the building or from a common hallway or stairway inside the building. 2.55 EFFECTIVEDATE, shall mean the date that this By-law shall be deemed to come into full force and effect upon the issuance of a formal order pursuant to Section 34(19) of the Planning Act, as amended and revised from time to time. 2.56 ERECT, shall include build, construct, reconstruct, atter and relocate and, not to limit the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. 10 2.57 ESTABLISHED BUILDING UNE, shall mean the average distance from the street line of existing buildings on one side of one block where more than one-half of the lots having street access upon the said side or the • block have been built upon. 2.58 BOSTING, shall mean existing as of the date of the passing of this By- law. 2.59 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 five (5) unrelated persons. 2.60 FARM, shall mean a lot, held for the purpose of agricultural use, together with or without its dependant buildings including one single-unit detached dwelling with private garage, one mobile home or dwelling as supplementary housing to the farm operation, barns, sheds, pens, and similar accessory building except that in areas where buildings and structures are prohibited such use shall refer only to the land. 2.61 FARM PRODUCE OUTLET, shall mean a use, accessory to a permitted farm, which consists of a retail sale of agricultural products produced in the area which such outlet is located. 2.62 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, cellar, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and excluding any floor area with a ceiling height of less than two (2.0) metres. 2.63 FLOOR AREA, COMMERCIAL, shall mean the sum of the areas of all floors of a building or part thereof used for commercial purposes measured between the internal faces of the exterior walls, excluding the furnace-room, laundry-room, or washroom, stairwell or any area designed or used permanently for storage space. 2.64 FLOOR AREA. GROUND, shall mean the area of a building or structure measured from the outside of all exterior walls, at grade, exclusive of any accessory building, garage, basement, cellar, terrace, verandah, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. 2.65 FOOD PROCESSING PLANT, shall mean a building, or part thereof, other than a restaurant or refreshment room in which agricultural products are packed, frozen, prepared, processed, preserved, graded or stored for eventual human consumption, and includes a cannery, a flour mill, a dairy, a bakery, or an egg grading station, but does not include an abattoir or any premises used for the slaughtering of animals or the boiling of blood, tripe or bones. 11 -2.66 FORESTRY USE, shall mean the general raising and harvesting of wood and without limiting the generality of the foregoing includes the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees, and other forest products. 2.67 FUNERAL HOME, shall mean a building where preparation of the dead human body for interment or cremation is undertaken. 2.68 GARDEN QENTRE, shall mean the use of land, buildings or structures IP for the purpose of buying, selling and raising of plants, shrubs and trees and includes the storage and sale of accessory products generally used for landscaping and gardening purposes. 2.69 GARAGE. PRIVATE or CARPORT, shall mean a building or portion of a building designed 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. 2.70 GARAGE. PUBLIC, shall mean a building or structure other than a private garage where motor vehicles are kept or stored for remuneration or repair, including the complete repair to motor vehicle bodies, frames, or motors, and the painting, upholstering, washing, and cleaning of such vehicles, and may include an automobile service station. 2.71 GAS, shall mean natural gas, manufactured gas, propane-arc gas, or any mixture of any of them. 2.72 GOLF COURSE, shall mean a public or private area operated for the purpose of playing golf including a par three golf course, driving range,miniature gotf course, or combination thereof. 2.73 GRADE Ma, shall mean, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building, and when used with reference to a structure means the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchment,and when used with reference to a road means the elevation of the road established by the authority having jurisdiction. 2.74 GROUP HOME, shall mean a single housekeeping unit in a residential dwelling in which three to then residents (excluding supervisory staff or the receiving family) live as a family under responsible supervision consistent with the requirements of its residents. 12 2.75 GROUPED HOUSING, shall include two (2) or more separate dwelling units which may be comprised of but not limited to: semi-detached duplex, triplex, double duplex, converted dwellings or townhouse, rowhouse, maisonette dwellings and/or an apartment building located on the same lot, which lot may or may not be retained under one ownership. 2.76 HEIGHT, when used with reference to a building or structure shall mean the vertical distance between the 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). The height regulations shall not apply to any ornamental dome, skylight, chimney, tower, storage silo, barn, elevator enclosure, flag pole or antennae, cupola, steeple, or church spire. 2.77 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 (1 ) assistant who is not a resident of the said dwelling. 2.78 HOME OCCUPATION. AGRICULTURAL, shall mean an occupation for gain or support, associated with an agricultural use or a residential use, which serves agricuttural uses and which is conducted by only members of the family residing on the premises. 2.79 HOTEL, shall mean any hotel, tavern, inn, lounge, or public house in one main building or in two or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnishing sleeping accommodation of not less than six (6) guest rooms, which guest rooms contain no provisions for cooking, and shall include all such buildings operating under the Liquor License Act, R.S.O., 1980 and the Tourist Establishment Act, R.S.O., 1980 as amended from time to time. 2.80 INDUSTRIAL USE. GENERAL, shall mean the use of land, buildings or structures for the purpose of manufacturing, assembling, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, storing, or adapting for sale of any goods, substance, article or thing, including the storage of building and construction equipment and materials, but not including any obnoxious industry, mine, pit, quarry or oil well. 13 2.81 INDUSTRIAL USE, UGHT, shall mean the manufacturing, assembly or processing of component parts to produce finished products suitable for retail or service trade but does not include food, beverage, tobacco, rubber, leather, textile and knitting, wood, printing, metal fabricating or similar industries if these operations involve stamping presses, furnaces, machinery, or the emission of any air, noise or water pollution, that can be smelled, heard or otherwise perceived outside of the building. 2.82 INSTTTUTIONAL USE, shall mean the use of land, buildings or other structures for some public or social purpose but not for commercial purposes. These uses may include governmental, religious, educational, charitable, philanthropic, or other similar but non-commercial uses and notwithstanding the generality of the foregoing institutional uses may include: schools, churches, municipal offices and hospitals. 2.83 KENNEL, ANIMAL, shall mean any lot, building or structure on or within which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment. 2.84 LANDING STRIP, shall mean a strip of ground used or capable of being used for the landing and takeoff of aircraft. 2.85 LANE or ALLEY, shall mean aublic thoroughfare which affords a means p 9 of access to abutting lots but which is not intended for general traffic circulation. 2.86 LAUNDRY ESTABUSHMENT, shall mean a building, or part thereof, in which the business of a laundry is conducted on the ground floor, in which only water and detergent are used, and the drying, ironing, and finishing of such goods are conducted,with emits no odours, fumes, noise or vibration causing a nuisance or inconvenience within or outside the premises. A laundry establishment may include a self-service, coin operated laundromat. 2.87 LIVESTOCK, shall mean farm animals kept for use, for propagation, or intended for profit and includes dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit, but excluding animals such as pets raised or housed for recreational or hobby purposes. 2.88 LOADING SPACE, shall mean a space or bay located on a lot which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials used in connection with the main use of the lot or any building thereon, and which has an unobstructed access to a street or lane. 14 2.89 LOT, is all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land and shall be 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 the right-of-easement but does not include a lot or a block on a registered plan of subdivision which has been deemed to be a registered plan of subdivision by a by-law passed pursuant to the Planning Act, 1983, as amended from time to time. 2.90 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 where projected to the point of intersection. 2.91 LOT CORNER, shall mean a lot situated at the intersection of and abutting upon two (2) streets which intersect at an angle of not more than one hundred and thirty-five (135) degrees and where such streets are curved, or, in the case of a singular street with a curve of not more than 135 degrees, the angle of intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines provided that: i) in the latter case, the corner of the lot shall be deemed to be that point on the street line newest to the point of intersection of the said tangents; and ii) any portion of a corner lot distant more than thirty (30) metres from the corner, measured along the street line shall be deemed to be an interior lot. 2.92 LOT FRQN TA , 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 lien joining the centre of the front and the centre of the rear lot lines at a point six (6.0) metres back from the front lot line and where such lot lines meet, the lot frontage shall be measured perpendicularly to the line adjoining the apex of the triangle formed by the side lot lines and a point six (6.0) metres back from the front lot line. 2.93 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. 2.94 LOT INTERI , shall mean a lot other than a corner lot. 15 2.95 LOT UNES, 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 side lot line, in case each of such lot lines should be of equal length, the front lot line shall be deemed to be the front lot line as established in the block by prior construction. In the case of a through lot, the shorter boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite longer boundary shall be deemed to the rear lot line. In case each of such lot lines should be of equal length, the front lot line shall be deemed to be the front lot line as 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. c) Lot line shall mean a lot line other than a front or rear lot line. 2.96 LOT, THROUGH, shall mean a lot bounded on two opposite sides by streets. Provided, however, that if any lot qualifies as being both a corner lot and a through lot as hereinbefore defined, such lot shall be conclusively deemed to be a corner lot. 2.97 MAIN BUILDING, shall mean the building designed or used for the principal use on the lot. 2.98 MAIN USE, shall mean the predominant purpose for which any land, buildings, structures, premises or part thereof is designed, used or maintained. 2.99 MAIN WALL, shall mean the exterior front, side, or rear wall of a building, and all structural members essential to the support of a fully enclosed space or roof. 2.100 MANURE STORAGE AREA, shall mean land, buildings or structures used for the storage of manure generated by livestock. 2.101 MOBILE HOME, shall be defined according to the provisions of Section 45(1 ), (a), of the Planning Act, 1983 as amended and revised from time to time. 2.102 MOBILE HOME LOT, shall mean a parcel of land which is described in a deed or other document legally capable of conveying land, or a parcel of land which is shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. 2.103 MOBILE HOME PARK, shall mean a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. 16 2.104 MOBILE HOME SITE, shall mean an area of land within a mobile home park that is intended to be occupied by one mobile home and which • may be owned by the owner of the mobile home park. • • 2.105 MOTEL, shall mean one building, or two (2) or more detached buildings for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation with or without supplying food and shall include a motor court, auto court, and all such buildings operating under the Liquor License Act, R.S.O., 1980 and the Tourist Establishments Act, R.S.O., 1980. 2.106 MOTOR HOME, shall mean a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger automobile chassis, primarily designed to provide temporary living quarters for recreation camping and travel use. 2.107 MOTOR VEHICLE, shall mean a wheeled self-propelling vehicle for the transportation of passengers and goods and without limiting the generality of the foregoing includes automobiles, trucks, buses, ambulances, hearses, motor homes and tractors. 2.108 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking lot, building or lot where motor vehicles are hired, kept or used for hire, or where such vehicles and accessories are stored or kept for sale, and where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged or where repairs essential to the actual operation of motor vehicles are executed or performed. 2.109 MUNICIPALITY, shall mean the Corporation of the Village of Vienna. 2.110 NON-AGRICULTURAL, when used with reference to a building, structure, or use shall mean designed, intended or used for purposes other than those of an agricultural use. 2.111 NON-COMPLYING, shall mean a building or structure which does not comply or agree with the regulations of this By-law as of the date of passing thereof, but does not include a non-conforming use, building, or structure. 11 2.112 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. 2.113 NON-RESIDENT1AL when used with reference to a building, structure or use, shall mean designed, intended or used for purposes other than those of a dwelling. 17 2.114 NURSING HOME or REST HOME, shall mean a building in which the proprietor supplies for hire or gain lodging with or without meals,and, in addition, provides nursing, medical or similar care and treatment, if • required, and shall include a rest home or convalescent home. 2.115 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary basis. 2.116 OFFICE, GENERAL, shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business.labour or fraternal organization, but excludes such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. 2.117 OFFICE. PROFESSIONAL, shall mean any office used by professionally qualified persons, for the purposes of giving advice, consuttation or treatment to clients or patients. 2.118 OIL, shall mean crude oil, and includes any hydro-carbon that can be recovered in liquid form from a pool through a well. 2.119 OPEN SPACE, shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this by-law, and shall include recreational facilities, landscaped areas, patios, walkways, and residential driveways. 2.120 OUTSIDE STORAGE, shall mean the storage of goods in the open air and in unenclosed portions of buildings which are open to the air on the sides. 2.121 OWNER, shall mean the person who holds legal title to a piece of property. 2.122 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. 2.123 PARKING SPACE, shall mean an area enclosed in a principal building, in an accessory building, or unenclosed, having an area of not less than 14.4 square metres, measuring 2.4 metres by 6 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. 2.124 PARKPRIVATE, shall mean a park not open to the general public and which may be operated for commercial gain. 18 2.125 PARK. PUBUC, shall mean an area of open land, maintained or owned by the Municipality or a public authority for the enjoyment, health and • well-being of the public and normally open to the public. 2.126 PERMITTED, shall mean permitted by this By-law. 2.127 PERSON, shall include an individual, an association, a firm, a partnership, an incorporated company, municipal corporation, agent or trustee and their heirs, executors, or other legal representatives of a person to whom the context of this By-law can apply according to law. 2.128 PIT, shall mean any opening, quarrying, or excavation of or in the ground, licensed under the Pits and Quarries Control Act, R.S.O., 1980, as amended, for the purpose of removing rock, sand, gravel, earth, clay, or limestone, and may include the processing thereof such as screening, sorting, washing, crushing, and other similar operations. 2.129 PIT, WAYSIDE, shall mean a temporary pit or quarry opened and used by a public road authority on the basis of a permit issued pursuant to the Pits and Quarries Control Act, R.S.O., 1980, as amended, solely for the purpose of a particular project or road construction contract and not located on the road right-of-way. 2.130 PLACE OF ENTEMAINMENT, shall mean a building or part thereof used for the purposes of an arena, auditorium, public hall, billiard or pool rooms, bowling alley, ice or roller rink but does not include all other places of amusement not specifically listed. 2.131 PLANTING STRIP, shall mean an area used for the planting and maintenance of a continuous row of trees or unpierced hedgerow of natural evergreens or shrubs not less than 1 .2 metres (4.0 feet) in height at the time of planting, with the remainder of such an area used for both natural and man-made landscape materials. 2.132 PORCH, shall mean a roofed, open gallery, or portico attached to the exterior of a building. 2.133 PRIVATE CLUB, shall mean a lawn bowling, tennis, badminton or other athletic, social or recreational club located on private lands and not operated for profit and includes the premises of a fraternal organization. 2.134 PUBUC 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 portion thereof, and includes any committee or local authority established by by-law of the Council of the Municipality. 19 2.135 RECREATIONAL FACILITIES, shall mean a building or portion thereof designed and intended to accommodate one or more leisure or sporting activities and shall include an arena, aquatic centre, tennis, squash and • racquetball courts, dance studios and fitness centres. 2.136 RECREATIONAL USE, shall mean the use of land for outdoor leisure and sporting purposes and for purposes of enjoyment of the natural environment and activities related thereto,and without limiting the generality of the foregoing may include boating, camping, canoeing, hunting, fishing, snowmobiling and swimming. 2.137 RESIDENTIAL USE, means the use of a building or structure or parts thereof as a dwelling. 2.138 RESTAURANT, shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for consumption either on or off the premises and includes such uses as a cafe, cafeteria, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand. This definition shall not include a Drive-In Restaurant. 2.139 RESTAURANT. DRIVE-IN or TAKE-OUT, shall mean a building, or portion thereof, designed, used or intended for the sale of food or refreshments to the general public, and where such food or refreshment may be made available to a person while in his motor vehicle or while within the building, and where provision may be made for the consumption of such food or refreshment by the person while in his motor vehicle, or within the building, or elsewhere on the site. 2.144 . RETAIL STORE, shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for retail sale to the public, and offices, servicing manufacturing, repairing, warehousing or storage functions accessory thereto, but does not include a restaurant. 2.141 RETAIL STORE. GENERAL, shall mean a retail store within which is conducted the selling of groceries, convenience goods, and other general merchandise. A general retail store may be included as part of an automobile service station. 2.142 SALVAGE YARD, shall mean, an establishment where goods, wares, merchandise, substances, articles or things are processed for further use, and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open and includes a junk or scrap metal yard and an automobile wrecking yard. 2. 143 I-I L, shall mean any school established and maintained by the Elgin County Board of Education, or the Elgin County RC Separate School Board. 20 2.144 SCHOOL, PRIVATE shall mean an educational or training establishment which is not under the jurisdiction of a Board as defined by the Department of Education Act, R.S.O., 1980, as amended from time to time. 2.145 SENIOR CITIZEN HOME, shall mean a multiple housing unit for the aged where over fifty (50) percent of the dwelling units are designed, intended and/or used for persons sixty (60) years of age or over. • 2.146 SERVICE SHOP, shall mean any building or part thereof where appliances and machinery are sold, serviced, or repaired and includes building trades establishments but excludes any manufacturing, processing, or wholesaling. 2.147 $ETBAC shall mean the horizontal distance from the property boundary line, measured at right angles from a street allowance or property boundary line, to the nearest part of any building or structure on a lot. 2.148 SHOPPING CENTRE, shall mean a building or group of buildings planned, designed, developed and managed as a unit having off-street parking provided on the site and which building or buildings are designed and which function as a unit accommodating a minimum of five (5) separate business, as opposed to a business area comprising unrelated individual establishments. 2.149 SIGN, shall mean a name, identification, description, devise, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. 2.150 STOREY, shall mean the portion of the building, other than the basement or cellar, which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. 2.151 STOREY. FIRST, shall mean the lowest storey of a building, excluding the basement or cellar. 2.152 STOREY. HALF, shall mean the portion of a building located wholly or partly within a sloping roof, having side walls not less than one (1 .0) metre in height and the ceiling with a minimum height of two (2.0) metres over an area equal to a least fifty (50) percent of the area of the floor next below. 2.1`53STREET or ROAD, shall mean a public highway as defined by the Municipal Act. 2.154 STREET UNE, shall mean the limit of the street allowance and is the dividing line between a lot and a street. • 21 2. 155 STRUCTURE, shall mean any material, object, or work erected as a unit or constructed or put together of connected or dependent parts or element whether located under, on, or above the surface of the ground, but does not include a sign, fence, or boundary wall. 2. 156 TAVERN, shall mean an establishment operating under the Liquor Licence Act, R.S.O, 1980, as amended from time to time, where alcoholic beverages are sold to be consumed on the premises. • 2.157 TOURIST HOME, refer to the definition of Boarding House. 2. 158 TRAVEL TRAILER, shall mean any vehicle including a camping trailer, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, but not including any vehicle unless it is used or intended for the living, sleeping, or eating accommodation of persons therein for seasonal recreational activity. 2.159 TRUCK CAMPER, shall mean a portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping or travel use. 2. 160 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. 2.161 WATER SUPPLY, COMMUNAL shall mean a privately owned and operated system whereby water is piped to more than one dwelling unit, or to more than one commercial use, or to more than one institutional use, or combination thereof, situated on separate lots. 2. 162 WATER SUPPLY SYSTEM, PUBLIC, 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. 2.163 WATER WELL-HIGH YIELD, shall mean a hole and any structure appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, with a yield of 3.8 litres of water per second or greater. 2.164 WELL, shall mean a hole and any structure appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, that is drilled for the production of fresh water. 2.165 WRECKING YARD, shall mean an establishment with a commercial wrecking licence where goods, wares, merchandise, substances, or articles are stored wholly or partly in the open and includes a junk, scrap metal or salvage yard and an automobile wreaking yard. 22 2.166 YARD, shall mean a space, appurtenant to a building or structure, located on the same lot as the main building or structure, and which • space is open, uncovered and unoccupied from the ground to the sky • except for such buildings, structures, or uses as are specifically provided for elsewhere in this By-law. 2,167 YARD. FRONT, shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. 'FRONT YARD D means the least horizontal dimension between the front lot line of the lot and the nearest main wall of any main building or structure on the lot. • 2.168 YARD. REAR, shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. YARD D means the least horizontal dimension between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.169 YARD, SIDE, shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest main wall of any building or structure on the lot. "SIDE YARD WIDTH" means the least horizontal dimensions between the side lot line of the lot and the nearest main wall of any main building or structure on the lot. 2.170 YARD, SIDE, EQn1ERKM, shall mean a side yard immediately adjoining a public street. 2.171 YARD, SIDE, INTERIOR, shall mean a side yard other than an exterior side yard. 2.172 ZONE, shall mean an area delineated on a Zoning Map and identified by a zone symbol within which a specific use or group of uses are permitted by this By-law. 23 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 the Village of Vienna and the zoning map shall be divided into one or more of the following zones: ZONE SYMBOL Residential First Density Zone 1 R1 Residential Second Density Zone 2 R2 Central Commercial C1 Local Commercial C2 Industrial M Institutional I Parks and Open Space OS Floodway FW Flood Fringe FF Future Development FD 3.2 USE OF ZONE SYMBOLS The symbols listed in Section 3.1 shall be used to refer to land, buildings, and structures and the uses thereof permitted by this By-law in the said zones, and wherever in this By-law the word "Zone" is used, preceded by any of the said symbols, such zones shall mean any area within the Village of Vienna delineated on the zoning map and designated thereon by the said symbol. 3.3 APPUCATION OF REGULATIONS No person shall within any zone use any land or erect, build, construct, reconstruct, relocate, excavate for, atter, 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 DEFINED AREAS All zones may be subdivided into one or more defined areas within which greater or lesser restrictions shall apply. These defined areas shall be designated by reference to the symbol of the zone within which each such defined area is located together with a number so as to differentiate • different defined areas within a zone from each other and from other areas within the zone. 3.5 EXCEPTIONS FOR DEFINED AREAS Within any zone there may apply exceptions with respect to a defined area and, in addition to such exceptions, all provisions of this By-law including the general use regulations and the special use regulations applicable to the zone within which the defined area is located shall apply to the defined areas; provided that, unless a contrary intention appears from the exceptions, the following shall apply: 24 a) if the exceptions establish regulations different from the general provisions of this By-law, including the general use regulations and special use regulations applicable to the zone within which the defined area is located, the exceptions shall supersede and prevail over such corresponding regulations of this By-law. b) if the exceptions establish one (1 ) or more specifically permitted uses of the defined area, such permitted use or uses shalt be the only purpose or purposes for which land, buildings or structures within the defined area may be used; and c) if the exceptions specifically permit one (1 ) or more uses in addition to those otherwise permitted in the zone within which the defined area is located,any and all of the other exceptions applicable to the defined area shall also apply to the additional permitted use or uses and not only to the uses not otherwise permitted in the zone. 3.6 MULTIPLE ZONES Where a lot is subdivided into more than one zone, the regulations applicable to these zones shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines for the purposes of this By-law. 3.7 INTERPRETATION OF ZONE BOUNDARIES Where any uncertainty exits as to the location of the boundary of any of the said zones as shown on the zoning maps, the following shall apply: a) unless otherwise shown, the boundary of the zones as shown on the zoning maps are the centre lines of the road allowance or lot lines and the projection thereof; b) where a zone boundary is indicated as approximately following lot lines, such lot lines shall be deemed to be the said zone boundary; c) where a zone boundary is indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundary shall be construed as being parallel to such road and the distance therefrom shall be determined by the use of the scale shown on the zoning maps; d) unless otherwise indicated, a road, railway right-of-way, or watercourse included on the zoning maps is included within the zone of the adjoining lands on either side thereof; and where such road, right-of-way, or watercourse serves as a boundary between two or more different zones, a line midway in such road. right-of- way, or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones unless specifically indicated otherwise; e) in the event a road or railway right-of-way shown on the zoning maps is dosed, the land formerly inlaid road or right-of-way shall be included within the zone of the adjoining land on either side of the said dosed road or right-of-way, ad the zone boundary shall be the former centre line of the said dosed road or right-of-way; 25 f} where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the zoning maps in the office of the Municipality. 26 SECTION 4 - GENERAL PROVISIONS 4. 1 APPLICATION The provisions of this section apply in all zones except as may be indicated otherwise by this By-law. 4.2 ACCESSORY USES Accessory uses, buildings or structures, are permitted in any yard, in any zone, subject to the provisions of this By-law for the particular zone in which said building or uses located, and provided that no accessory building or use shall: a) be used for human habitation, except where a dwelling unit is a permitted accessory use; b) be buitt 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; c) where the accessory building is built on a corner lot, be built no closer to the front or side lot lines than the minimum distance required in this By-law for the main building on the lot; d) with the exception of buildings and structures for farm uses be erected in the front yard or the exterior side yard, in the case of a corner lot. e) with the exception of buildings or structures for farm uses be built closer to the street or road than the main building is to the street or road; f� be built closer than one (1 .0) metre to any lot line except: i) that common semi-detached private garages or carports may be centred in the mutual lot line; g) exceed ten (10) percent coverage of the total lot area except silos or grain handling equipment; h) with the exception of buildings and structures for farm uses exceed more than 6.0 metres in height or contain two storeys unless otherwise noted or regulated in this By-law; i) be built within two (2.0) metres of the main building; j) be considered as an accessory building if attached to the main building in any way; k) be considered an accessory building if located completely underground. 27 4.3 COMMERCIAL ACCESSORY USES Notwithstanding any other provisions of this By-law, where a commercial s use is permitted as an accessory use in an industrial zone it shall be erected within two (2.0) metres of the main building, shall not exceed ten (10) percent of the total floor area of the main building, or shall not exceed a maximum floor area of two hundred and eighty (280.0) square metres whichever is less. Where no building exits, such commercial accessory use shall not exceed one hundred (100.0) square metres of floor area. 4.4 RESIDENTIAL ACCESSORY USES 4.4. 1 Notwithstanding any other provisions of this By-law, where a dwelling unit is permitted as an accessory use in an industrial zone, it shall be erected within the main building, shall have a minimum floor area of forty- five (45.0) square metres, and shall be designed, used, or intended to be used for the exclusive use of a caretaker or security guard. 4.4.2 Notwithstanding any other provision of this By-law, where a dwelling unit is permitted as an accessory use in a commercial zone, it shall be contiguous to the main commercial use, have a minimum floor area of forty-five (45.0) square metres, be above or in the rear of the main commercial use, and be used as the residence of the owner or operator, or an employee of the owner or operator, of the main commercial use. 4.5 HOME OCCUPATIONS Where a home occupation is permitted in a particular zone, the following provisions shall apply: a) the floor area taken up by the home occupation shall be no more than 28 square metres (300 square feet) in total; b) there is no external storage of materials, containers or finished products; c) there is no mechanical equipment which gives rise to noise,fumes, dust, or odour which escape to any adjoining premises; d) the home occupation shall not involve the use of the premises as • a base of operation for persons who are employed by or associated with the home occupation,nor shall the premises be used to assemble or rally such persons for transportation to a work site; e) there shall be no visible indication that home occupation is being carried on within the dwelling unit except that one sign no larger than 0.5 square metres attached to the dwelling unit shall be permitted to show the name and callings of the residents concerned; f) no retail use of the dwelling unit shall be permitted as a home occupation, except retail sales of a finished article as provided in subsection i) ; 28 g) no institutional use of the dwelling unit shall be permitted as a home occupation; • h) no food preparation or service shall be provided in connection with the home occupation; i) no manufacturing or assembly shall be carried on or in connection with the home occupation except for the fabrication of handmade articles of clothing, arts or crafts; j) no lodging shall be provided in connection with a home occupation, however, this subsection does not preclude or prohibit the establishment or operation of a boarding house, rooming house or tourist home as defined by this By-law and where permitted by this By-law; k) no lands, premises, detached garages or accessory buildings associated with the dwelling unit shall be used in connection with the home occupation; I) one off-street parking space shall be provided for every 18.5 square metres (200 square feet) of floor area, or a portion thereof, devoted to the home occupation; m) and, for greater clarity, such uses include the offices or consulting room for a professional 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 plumber, carpenter, painter or electrician and the workroom for a dressmaker, milliner, or hairdresser and a day nursery limited to five (5) charges, but does not include or permit a clinic, any shop, tea room, tourist home, convalescent home, mortuary, funeral parlour, dancing school, rooming house, boarding house, hairdressing or any similar use or other commercial use or instutional use or a workshop, storage yard, parking area or plant for any of the trades. 4.6 AGRICULTURAL HOME OCCUPATIONS Where an agricultural home occupation is permitted in a particular zone, the following provisions shall apply: a) storage of materials, containers or finished products in the front or side yards shall not be permitted; b) any building or structure, excluding that for residential use, used for an agricultural home occupation shall not exceed seventy (70.0) square metres of ground floor area; c) agricultural home occupations shall include only a carpentry shop, a wood working shop, a welding shop, and home craft operations such as pottery or a weaving operation. 29 4.7 PUBLIC USES • The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Corporation of the Village of Vienna, or by any local Board thereof as defined by the Municipal Act, as amended and revised from time to time, any telephone, telegraph or gas company, any department of the Governments of Ontario or Canada, including Ontario Hydro, or any other public authority provided that: a) the lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located are complied with except in the case of buildings and structures erected prior to the date of the passing of the By-law in which case the requirements do not apply; b) no goods, material, or equipment shall be stored in the open in a residential zone or in a lot adjacent to a residential zone; c) any building erected in a residential zone under the authority of this paragraph shall be designed and maintained in general harmony with residential buildings of the type permitted in the zone; d) any parking and loading regulations for these uses are complied with. e) notwithstanding, the generality of the foregoing, electric power facilities shall not be required to comply with the setback or yard requirements of this By-law. 4.8 PROHIBITED USES The following uses shall be prohibited in any zone unless otherwise provided for. 4.8.1 The use of any land or the erection and use of any building or structure for the purposes of wrecking yards, salvage yards, dumps, the collection of rags, junk, any refuse,scrap iron, or other scrap metals. 4.8.2 No land shall be used, and no buildings or structures shall be erected, used, or altered in any zone for the industrial manufacture of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gun powder, petroleum and petroleum liquid material which is likely to create danger to health, or danger from fire or explosion. 4.8.3 Any use is prohibited which by its nature or by the materials used therein is declared under the Public Health Act, as amended and revised from time to time, or any regulations adopted thereunder to be a noxious or offensive trade, business or manufacture. 4.8.4 No land, building or structure shall be used for the purposes of the growing of mushrooms in the municipality. 30 4.8.5 No land, building or structure shall be used for the purposes of a pit or quarry. 4.8.6 tt shall be prohibited to locate and use a mobile home in any zone for the purposes of residential, business, industrial or institutional uses, temporarily or permanently, unless the use of a mobile home for such purposes is listed specifically in this By-law as a permitted use within a particular use zone. 4.8.7 All land, buildings, structures, uses in any zone unless specifically listed as a permitted use in that zone. 4.9 NON-CONFORMING USES The provisions of this By-law shall not apply: a) to prevent the use of any land, building or structure for any purpose prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the effective date so long as it continues to be used for that purpose; or b) to prevent the erection or use for a purpose prohibited by the By- law of any building or structure for which a permit has been issued under Section 5 of the Building Code Act, R.S.O., 1980, as amended, prior to the day of the passing of the By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under Section 6 of the Building Code Act, R.S.O., 1980, as amended. 4.10 NON-COMPLYING USES Where a building or structure has been erected prior to the effective date on a lot having less than the minimum frontage and/or area, or having less than the minimum setback and/or side yard and/or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: a) the alterations, enlargement, reconstruction, repair or renovation does not further reduce a front yard and/or side yard and/or rear yard and/or setback having less than the minimum required by this By-law, and b) all other applicable provisions of this By-law are complied with. 4.11 TEMPORARY USES Notwithstanding any other provisions of this By-law, uses such as a construction camp or other such temporary work camp, a tool shed, mobile home, scaffold, sign or other building incidental to construction are permitted in any zone provided that: a) such uses or buildings are used only as long as same are necessary for work in progress which has neither been finished nor abandoned; orariod of year whichever is less, and; � one 31 • b) such uses or buildings are removed when the work for which they • • were permitted is terminated. • 4. 12 DUSTING LOTS Notwithstanding any other provisions of this By-law, existing lots with less than the required lot area or lot frontage may be developed for the use specified in the appropriate zone provided all other regulations of the By- law are satisfied and: • a) sewage disposal facilities meet the approval of the Ontario Ministry of the Environment and the local medical officer of health; b) all other requirements of this By-law are satisfied. 4. 13 HAZARDOUS AREAS 4.13.1 Buildings and structures for uses permitted by this By-law are permitted if an only to the extent permitted by the regulations made under the Conservation Authorities Act, R.S.O., 1980, as amended from time to time. 4.13.2 Where in this By-law a front, side or rear yard is required, and part of the area of the lot is covered by water or marsh for more than two months in the year, or is beyond the rim of a river bank or watercourse, or between the top and toe of a cliff or embankment having a slope of thirty (30) degrees or more from the horizontal, then the required yard shall be measured from the nearest main wall of the main building on the lot to the nearest edge of said area covered by water or marsh, or to the rim of said river bank or watercourse, or to the top of the said cliff or embankment. 4. 13.3 Any application for a building permit on a lot in any zone within the Municipality may be referred by the Building Inspector to the Ministry of Natural Resources or the Long Point Region Conservation Authority for analysis of the severity and location of hazardous natural conditions before issuance of the said permit. 4.14 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS 4.14.1 No new building shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed, and sanitary conveniences installed and, where applicable, kitchen and heating facilities have been installed and are in a satisfactory working order. 4.14.2 A certificate of occupancy may be issued prior to the external siding being erected subject to the work being completed within twelve (12) months of the date the certificate was issued. 32 4.15 TRUCK, BUS AND COACH BODIES OR TRAVEL MAILERS, TRUCK CAMPERS, MOTOR HOMES OR TENTS USED FOR HUMAN OCCUPANCY • 4.15.1 No truck, bus, coach or street car body shall be used for human occupancy within the Municipality whether or not the same is mounted on wheels. 4.15.2 No travel trailer, truck camper, motor home, or tent shall be used for the living, sleeping or eating accommodation of persons within the Municipality for more than thirty (30) consecutive days unless such travel trailer, truck camper, or motor home is located in a campground licensed by the Municipality. 4.16 MOVING OF BUILDINGS In all zones, no building shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality without a permit from the Building Inspector. 4.17 MAIN ACCESS UMITAT1ONS The main access to a dwelling unit shall not be by means of an outside staircase having more than ten (10) risers or a height of one and one- half (1 .5) metres unless to satisfy a condition of floodproofing requirements as imposed by the Long Point Region Conservation Authority. 4.18 STREET FRONTAGE OF BUILDING LOTS Except as hereinafter provided in this By-law, no person shall erect a building or structure and no person shall use any land, building, or structure, unless the lot or parcel to be so used or upon which the building is situated, erected or proposed to be erected abuts or fronts on a public street or public road. 4.19 SIGHT RESTRICTION ON CORNER LOT Notwithstanding any other provisions of the By-law, and except in a commercial zone, on a corner lot within the triangular space included between the street lines for a distance of nine (9.0) metres from their point of intersection no shrubs or foliage shall be planted or maintained which obstruct the view of a driver or a vehicle approaching the intersection and, no building or structure shall be erected, or driveway shall be located. 4.20 PRIVATE GARAGES ON CQRNER LOTS Notwithstanding any other provisions of this By-law, no private garage on any corner lot shall be located closer than six (6.0) metres to the street line, and no portion of any driveway shall be located closer than (9.0) metres to the intersection of the two street lines or their projections. 33 4.21 MINIMUM SETBACKS FROM ARTERIAL STREETS • OR ARTERIAL ROADS Notwithstanding any other provision of this By-law, where a building or structure is erected adjacent to a Kiing's Highway, or a County Road, and in the absence of an established building line as determined by the Ontario Ministry of Transportation and Communications, the County of Elgin or the Village of Vienna, as the case may be minimum setbacks from such arterial streets or arterial roads shall be as follows: King's Highway 14.5 metres from the edge of the right- of-way County Road 25.0 metres from the centre line 4.22 ESTABLISHED BUILDING UNE ON STREETS OR ROADS Notwithstanding any other subsequent provisions of this By-law, where a single-unit detached dwelling or accessory use thereto is to be erected within a built-up area where there is an established building line, such dwelling or accessory use may be erected closer to the street line or to the centre line of the street or road, as the case may be, than required by this By-law provided such dwelling or accessory use is not erected closer to the street line or to the centre line of the street or road, as the case may be, than the established building line on the date of passing of this By-law. 4.23 USE OF YARDS ON LANDS WITHOUT BUILDINGS Where land is used for or in connection with residential, commercial, industrial, or institutional uses but without any buildings or structures thereon, all yards required by this By-law on a lot in the respective use zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such use zone. 4.24 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES No part of a yard or other open space required about any building for the purpose of complying with the provisions of this By-law shall be included as part of a yard or other open space similarly required for another building. 4.25 PERM! ! la) ENCROACHMENTS IN YARDS Unless otherwise specified in this By-law, every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky, provided, however, that those structures listed below shall be permitted to project into the yards indicated for the distance specified: 34 MAXIMUM PROJECTION STRUCTURE PERMITTED YARD FROM MAIN WALL. window sills, cornices, eaves, gutters, chimneys, or pilasters any yard 0.5 metres fire escapes & exterior rear yard 1 .5 metres staircases only bay windows & awnings front, rear & 1 .0 metres exterior side yard only open, roofed porches front & rear 2.2 metres not exceeding one storey yards only including in height uncovered for all dwellings eaves, terraces except apartment cornices & dwellings; any canopies yard for apartment dwellings cantilevered wall front & rear 0.7 metres yards Enclosures to any porch or terrace permitted in Section 4.25 of this By- law shall be limited to one (1 .0) metre in height exclusive of roof supports but this shall not prohibit the enclosure of a porch or terrace by latticing or screening or any other form of enclosure provided at least fifty (50) percent of the surface area of the said enclosure is open and unobstructed to the air. 4.26 BUFFER STRIPS 4.26.1 A buffer strip shall be located within the zone for which it is required; it shall be planted, nurtured and maintained by the owner of the lot on which the buffer strip is located, and replacement of trees and plants be made by the owner, as necessary from time to time. 4.26.2 In all cases where access driveways extend through a buffer strip, it shall • be permissible to interrupt the strip within three (3.0) metres of the edge of such driveway. 4.26.3 A buffer strip may form part of any required landscaped open space, including the required front, side and rear yards. 4.26.4 Where a commercial zone or an industrial zone abuts a residential zone, an institutional zone, or a park and open space zone, a strip of land not less than four and one-half (4.5) metres in width adjacent to and inside the commercial or industrial zone boundary shall not be used for any other purpose than a buffer strip. 35 4.26.5 Where an institutional zone abuts a residential zone, a strip of land not less than three (3.0) metres in width adjacent to and inside the • institutional zone boundary shall not be used for any other purpose than a buffer strip. 4.27 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL, INSTITUTIONAL AND PARKS AND OPEN SPACE ZONES Where any commercial zone or industrial zone fronts on a street or road • opposite to, or directly abuts any residential zone, institutional zone, or parks and open space zone, the following provisions shall be complied with: a) no parking of vehicles with capacity over nine hundred (900) kilos shall be permitted in any side yard adjacent to the neighbouring zone with 4.5 metres; b) no loading space shall be located in, nor open onto any side yard adjacent to the neighbourhood zone with 4.5 metres; c) a buffer strip shall be provided in accordance with the provisions of Section 4.26. 4.28 PARKING REQUIREMENTS For every type of building listed below erected, altered, or enlarged in any zone after the passing of this By-law, off-street parking shall be provided and maintained in accordance with the following provisions: TYPE OF USE PARKING REQUIREMENT Dwelling unit in a single unit One (1 ) parking space detached, semi-detached duplex, per dwelling unit triplex or double duplex dwelling Dwelling unit in a townhouse, One and one-quarter rowhouse, apartment or a building (1 .25) parking space containing both commercial and per dwelling unit residential uses Auditoriums, restaurants, where there are fixed community centres, private clubs seats, one (1 ) parking and other places of assembly space for every five (5) seats; or, where there are no fixed seats, one (1 ) parking space for each ten (10.0) square metres of floor area devoted to public use hospitals, senior citizens' homes, one (1 ) parking space nursing homes, rest homes, and for each two beds welfare institutions 36 TYPE OF USE PARIQNG REQUIREMENT churches one (1 ) parking space for every ten (10) seats or six (6.0) metres of bench space hotels and motels one (1 ) parking space per rental unit taverns one (1 ) parking space • per table boarding house, rooming house one (1 ) parking space or tourist home for every two (2) rental units retail stores one (1 ) parking space for every fifty-five (55.0) square metres of retail floor area industrial uses one (1 ) parking space for every thirty-seven (37.0) square metres of manufacturing floor area travel trailer parks one (1 ) parking space per unit and one (1 ) parking space for every four (4) units for visitor parking. 4.29 PARKING REGULATIONS IN RESIDENTIAL ZONE 4.29. 1 No motor vehicle shall be parked or stored in any residential zone other than a private passenger automobile, a motor home, travel trailer, or truck camper, or in the case of a commercial motor vehicle as provided for in Section 4.29.2 of this By-law. 4.29.2 No commercial motor vehicle, having a capacity of greater than 1000 kilos, shall be parked or stored in a residential zone. 4.29.3 All parking spaces in any residential zone shall be located in an attached or detached private garage, or in a driveway, or in a side or rear yard provided that the lot coverage of the spaces shall not exceed fifteen (15) percent of the total lot area. 4.30 DRIVEWAY REGULATIONS WHERE A DRIVEWAY IS REFIRED TO SERVE A RESIDENTIAL USE 4.30.1 The maximum width of a driveway, measured along the sidewalk, where such exists, and along the street line shall be nine (9.0) metres. 37 4.30.2 The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be nine (9.0) metres. 4.30.3 The minimum distance between an interior side lot line and any driveway, with the exception of a mutual or common driveway, shall be one (1 .0) metre. 4.30.4 The interior angle formed between the street line and the centre line of • any driveway shall not be less than forty-five (45) degrees. 4.31 WAYSIDE PIT Wayside Pits shalt be permitted in all zone categories except zones which are established to recognize existing development or areas of particular environmentally sensitive upon which wayside pits may be prohibited. 4.32 DEVELOPMENT OF CLOSED WASTE DISPOSAL SITES Section 45 of the Environmental Protection Act prohibits the use of a waste site for any type of development for a period of 25 years from closure. Notwithstanding any other provisions of this By-law closed waste sites shall be prohibited from development of buildings and structures until such time as deemed permissible by the Ontario Ministry of Environment. 38 SECTION 5 - RESID -FIRST DENSITY (R1) ZONE REGULATIONS 5.1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Residential First Density (R1 ) Zone except for the following purposes: single unit detached dwelling; home occupations; accessory uses. 5.2 PERMITTED BUILDINGS AND STRUCTURES One single-unit detached dwelling on one lot; Accessory buildings and structures for the permitted uses. 5.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 ,380.0 square metres. Where municipal sanitary sewer disposal facilities are not available but a piped municipal water supply or a communal water supply is available - r 800.0 square metres. 5.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 30.0 metres. Where only a piped municipal or communal water supply is available - 20.0 metres. 5.5 MINIMUM LOT DEPTH Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 46.0 metres. Where only a pipe municipal or communal water supply is available - 40.0 metres. 5.6 MAXIMUM BUILDING COVERAGE 30 percent. 5.7 MINIMUM FLOOR AREA 80.0 square metres. 39 5.8 MINIMUM FRONT YARD 7.0 metres. 5.9 MINIMUM SIDE YARD a) Where a garage or carport is attached, the minimum width shall be 1 .5 metres plus 0.5 metres for each additional or partial storey above the first storey on each side of the combined building. b) Where no garage or carport is attached, the minimum width shall be 1 .5 metres plus 0.5 metres for each additional or partial storey above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building. c) On a corner lot, the side yard abutting a public street shall be a minimum of 3.5 metres and the side yard on the other side of the main building shall be a minimum of 1 .5 metres. 5.10 MINIMUM REAR YARD 7.0 metres. 5.11 REGULATIONS FOR ACCESSORY BUILDINGS Notwithstanding the provisions of Section 4.2, the following shall apply: a) Except as provided in paragraph b) of this clause, no accessory building shall be located within 1 .5 metres of a side or rear lot line. b) Notwithstanding the provisions of paragraph a) , no accessory building shall be located within 6.0 metres of a public street. c) Maximum Height - 3.5 metres. d) Maximum Floor Area - 18.5 square metres. 5. 12 EXCEPTIONS - RESIDENTIAL FIRST DEITY (R1) ZONE 5.12. 1 5.12.1 Defined Area R1 -1 as shown on Schedule 'A' to this By-law. 5.12.1 .2 Minimum Lot Area 2.5 hectares. 5.12.1 .3 Minimum Lot Frontage Notwithstanding any other provisions of this By-law, as now or hereafter amended, a 3.0 metre minimum lot frontage on a private road providing vehicular access to Highway No. 19 is required. 40 5.12.1 .4 Minimum Front Yard •• 7.0 metres from the required lot frontage in accordance with Subsection 5.12.1 .3 of this By-law. 5.12.1 .5 Minimum Floor Area 100.0 square metres. 5.12.1 .6 Regulations For Buildings and Structures Notwithstanding any other provision of this By-law, any building or structure erected adjacent to the Special Parks & Open Space (OS-1 ) Zone shall be setback a minimum distance of 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the Big Otter Creek and 15.0 metres from the 660 foot contour elevation (Canadian Geodetic Datum) (Top-of-Bank) of the gully forming the eastern boundary of the Special Residential-First Density (R1 -1 ) Zone. 5.12.1 .7 Accessory Uses a) be used for human habitation; b) be erected in the front yard of the lot; c) be built closer to the street or road than the main building is to the street or road; d) be bit loser than two (2.0) metres to any lot line; e) exceed eighteen and one-half (18.5) square metres of floor area or have a height exceeding three and one-half (3.5) metres; f) be built within two (2.0) metres of the main building; g) be considered as an accessory building if attached to the main building in any way; h) be considered an accessory building if located completely underground. 5.12.1 .8 Buffer Strip A buffer strip as defined in Section 2.15 of this By-law shall be required as follow: i) adjacent to the property boundary between the R1 -1 Zone and Lot 12 and 13 of R.P. 54 of the Village of Vienna; ii) adjacent to the property boundary between the R1 -1 Zone and Lot 7 of R.P. 54 of the Village of Vienna to a distance of 25.0 metres from Highway No. 19 right-of-way; iii) adjacent to the property boundary between the R1 -1 Zone and Lot 8 of R.P. 54 of the Village of Vienna to a distance of 25.0 metres from Highway No. 19 right-of-way. 41 SECTION 6 - RESID -SECOND DENSITY (Fta ZONE REGULATIONS t • 6.1 PERMI i i tD USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Residential Second Density (R2) Zone except for the following purposes: semi-detached dwellings; duplex dwellings; triplex dwellings; double duplexes; townhouse dwellings; rowhouse dwellings; apartment buildings; boarding houses; rooming houses; senior citizen homes; accessory buildings and structures. 6.2 PERMITTED BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and stuctures for the permitted uses. 6.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available: semi-detached and duplex dwellings - 1610.0 square metres all others - 1840.0 square metres. Where municipal sanitary sewer disposal facilities are not available but a piped municipal water supply or a communal water supply is available: semi-detached and duplex dwellings - 1000.0 square metres; all others - 1200.0 square metres. 42 6.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available: semi-detached and duplex dwellings - 35.0 metres; all others - 40.0 metres. Where only a piped municipal or communal water supply is available: semi-detached and duplex dwellings - 25.0 metres; all others - 30.0 metres. 6.5 MINIMUM LOT DEPTH Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are not available - 46.0 metres. Where only a pipe municipal or communal water supply is available - 40.0 metres. 6.6 MAXIMUM BUILDING COVERAGE semi-detached, duplex, triplex, double duplex dwelling units - 40 percent; rowhousing, townhousing units - 30 percent; apartment buildings, boarding, rooming or senior citizen homes - 40 percent. 6.7 MINIMUM FLOOR AREA semi-detached, duplex, triplex, double duplex dwelling units - 80.0 square metres; apartment building units - 50.0 square metres; boarding, rooming or senior citizen dwelling units - 40.0 square metres. 6.8 MINIMUM FRONT YARD 7.0 metres. 6.9 MINIMUM SIDE YARD a) Where a garage or carport is attached, the minimum width shall be 1 .5 metres plus 0.5 metres for each additional or partial storey above the first storey on each side of the combined building. 43 • b) Where no garage or carport is attached, the minimum width shall be 1 .5 metres plus 0.5 metres for each additional or partial storey • above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building. c) On a corner lot, the side yard abutting a public street shall be a minimum of 3.5 metres and the side yard on the other side of the main building shall be a minimum of 1 .5 metres. 6.10 MINIMUM REAR YARD 10.0 metres. 6.11 REGULATIONS FOR ACCESSORY BUILDINGS Notwithstanding the provisions of Section 4.2, the following shall apply: a) Except as provided in paragraph b) of this clause, no accessory building shall be located within 1 .5 metres of a side or rear lot line. b) Notwithstanding the provisions of paragraph a), no accessory building shall be located within 6.0 metres of a public street. c) Maximum Height - 3.5 metres. d) Maximum Floor Area - 18.5 square metres. 6.12 EXCEPTIONS - RESIDENTIAL SECOND DENSITY (R2) ZONE 44 SECTION 7 - CENTRAL COMMERCIAL {C1 ) ZONE REGULATIONS 7.1 PERM! ! i ED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Central Commercial (C1 ) Zone except for the following purposes: animal clinics; auctioneer's premises; automobile service station or public garage; banks and other financial institutions; barber shops and beauty parlours; bus station; bakeries; convenience plaza; farm equipment sales and service outlets; funeral homes; hotels, motels, taverns; laundry and dry-cleaning establishments; offices (commercial and professional); public and private hospitals and nursing homes; recreation and entertainment establishments; restaurants or snack bars; retail stores or service shops not engaged in manufacturing on the premises; tourist homes connected to and forming an integral part of the commercial building and located over the first storey commercial use; residential uses as an accessory use connected to and forming an integral part of the commercial building and located over the first storey commercial use, to a maximum of two storeys above the permitted commercial use except that, residential uses will not be permitted within a building that contains a public garage or an automobile service station; buildings accessory to the foregoing uses. . R 45 7.2 PERMITTED BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 7.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1380.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 7.4 MINIMUM LOT FRONTAGE a) Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are not available - 24.0 metres. b) Where only a piped municipal or communal water supply is available - 20.0 metres. 7.5 MINIMUM LOT DEPTH a) Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 57.5 metres. b) Where only a pipe municipal or communal water supply is available - 40.0 metres. 7.6 MAXIMUM BUILDING COVERAGE 60 percent. 7.7 MINIMUM BUILDING HEIGHT • 12.0 metres. 7.8 MINIMUM FRONT YARD a) 3.0 metres along the south side of Front Street between Main Street and King Street. b) no front yard is required along the north side of Front Street between Main Street and Feng Street. c) 6.0 metres for all other cases. 46 7.9 MINIMUM SIDE YARD Where a yard abuts a Residential, Institutional, or Parks and Open Space • Zone 4.5 metres, otherwise no side yard shall be required. 7. 10 MINIMUM REAR YARD 6.0 metres. 7. 11 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERM I LI) IN SEAN 7.1 a) Minimum Lot Area Per Dwelling Unit: 460.0 square metres in addition to the requirements established in Section 7.3. b) Floor Area: TYPE OF DWELLING MINIMUM FLOOR AREA Bachelor Unit 45.0 square metres One-bedroom Unit 55.0 square metres Two or more bedrooms 70.0 square metres s 47 SECTION 8 - LOCAL COMMERCIAL (C2) ZONE REGULATIONS 8. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Local Commercial (C2) Zone except for the following purposes: auctioneer's premises; • automobile service station or public garage; convenience plaza; insurance and real estate office; medical office or clinic; retail store; service shop; one dwelling unit as an accessory use connected to and forming an integral part of the commercial building and provided with a separate access, except that residential uses will not be permitted within a building that contains an automobile service station or public garage. 8.2 PROHIBITED USES shopping centres. 8.3 PERM! ! l hi) BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 8.4 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1 380.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 8.5 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are not available - 30.0 metres. 48 Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 20.0 metres. • 8.6 MINIMUM LOT DEPTH Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 46.0 metres. • Where municipal sanitary sewage disposal facilities are not available but piped municipal water supply or a communal water supply is available - 40.0 metres. 8.7 MAXIMUM BUILDING COVERAGE 40 percent. 8.8 MINIMUM BUILDING HEIGHT 6.0 metres. 8.9 MINIMUM FRONT YARD 7.5 metres. 8.10 MINIMUM SIDE YARD 4.5 metres. 8.11 MINIMUM REAR YARD a) Where the yard abuts a Commercial or Industrial Zone: 6.0 metres. b) Where the building contain residential accommodations: 10.0 metres. c) Where the yard abuts a Residential, Institutional, or Parks and Open Space Zone: 10.0 metres. 8.12 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMITTED IN SECTION 8.1 a) Minimum Lot Area Per Dwelling Unit: 460.0 square metres in addition to the requirements established in Section 8.4. 49 b) Floor Area: TYPE OF DWELLING MINIMUM FLOOR AREA Bachelor Unit 45.0 square metres One-bedroom Unit 55.0 square metres Two or more bedrooms 70.0 square metres One single dwelling unit 80.0 square metres 8. 13 VEHICLE STORAGE In a Local Commercial (C2) Zone, any person who conducts a commercial undertaking in which commercial vehicles are stored on the premises shall provide and use for the storage of such vehicles an enclosed building that is designed, constructed and maintained in general harmony with the commercial buildings and the residential buildings in and around the Local Commercial Zone. 8. 14 EXCEPT1ONS - LOCAL COMMERCIAL (C2) ZONE 50 SECTION 9 - INDUSTRIAL (M) ZONE REGULATIONS • • 9.1 PERMIiih.D USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Industrial (M) Zone except for the following purposes: manufacturing and industrial operations; warehousing and storage uses; offices and retail outlets as accessory uses related to industrial operations; a public works yard; one dwelling unit as an accessory use located within the main building and intended to be used for one caretaker or one person and his family employed in the manufacturing and industrial operations or uses permitted in this subsection. buildings accessory to the foregoing uses. 9.2 PERMITTED BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 9.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1850.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 1000.0 square metres. 9.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are not available - 37.0 metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 25.0 metres. 51 9.5 MINIMUM LOT DEPTH Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 50.0 metres. Where municipal sanitary sewage disposal facilities are not available but piped municipal water supply or a communal water supply is available - 40.0 metres. • 9.6 MAXIMUM LOT COVERAGE 60 percent. 9.7 MAXIMUM BUILDING HEIGHT 12.0 metres. 9.8 MINIMUM FRONT YARD Ten (10.0) metres except that where the lot fronts onto a K'ing's Highway and any connecting links or concession roads, it shall be fourteen and one-half (14.5) metres from the property line of the said road. 9.9 MINIMUM SIDE YARD 4.5 metres except where the use abuts a Residential, Institutional, Park and Recreation Zone in which case the yard will be 7.5 metres. 9.10 MINIMUM REAR YARD 7.5 metres except where the use abuts a Residential, Institutional or Parks and Open Space Zone in which case the yard shall be 10.5 metres. 9.11 STORAGE a) No storage shall be permitted outside the building or buildings on the lot until a fence of a minimum 1 .5 metres in height is erected and maintained at all times around the area of the lot to be used afor storage. b) No storage shall be permitted outside the building or buildings on the lot in the front yard, or in a side or rear yard which fronts, is opposite to, or abuts a Residential or Parks and Open space Zone. 52 9.12 REGULATIONS FOR ACCESSORY RESIDENTIAL USES PERMITTED IN SECTION 9.1 a) Minimum Lot Area Per Dwelling Unit: 460.0 square metres in addition to the requirements established in Section 9.3. b) Floor Area: TYPE QF DWELLING MINIMUM FLOOR AREA • Bachelor Unit 45.0 square metres One-bedroom Unit 55.0 square metres Two or more bedrooms 70.0 square metres One single dwelling unit 80.0 square metres 9.13 EXCEPTIONS - INDUSTRIAL fM) ZONE 53 SECTION 10 - INSTITUTIONAL (I) ZONE REGULATIONS 10. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or attered in the Institutional (I) Zone except for the following purposes: church; school; library; museum; cultural institution; hospital; clinic; convalescent home; nursing home; government offices; community centre; cemetery or mausoleum; accessory uses. 10.2 PERMITTED BUILDINGS AND STRUCTURES Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 10.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 1500.0 square metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 54 10.4 MINIMUM LOT FRONTAGE Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are not available - 30.0 metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is available 20.0 metres. 10.5 MINIMUM LOT DEPTH Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply are not available - 50.0 metres. Where municipal sanitary sewage disposal facilities are not available but piped municipal water supply or a communal water supply is available - 40.0 metres. 10.6 MAXIMUM LOT COVERAGE 40 percent. 10.7 MAXIMUM BUILDING HEIGHT 12.0 metres. 10.8 MINIMUM FRONT YARD Ten (10.0) metres except that where the lot fronts onto a IGng's Highway and any connecting links or concession roads, it shall be fourteen and one-half (14.5) metres from the property line of the said road. 10.9 MINIMUM SIDE YARD 6.0 metres. 10.10 MINIMUM REAR YARD 4.0 metres. 10.11 EXCEPTIONS - INSTITUTIONAL (I) ZONE 55 SECTION 11 - PARKS AND OPEN SPACE (OS) ZONE REGULATIONS 11 . 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Parks and Open Space (OS) Zone except for the following purposes: campground; • conservation area; fairgrounds; public park; private park; parking area (public) ; one dwelling unit for a caretaker or an essential workman whose presence on the premises is necessary at all times; buildings and structures accessory to the above uses. 11 .2 REGULATIONS FOR BUILDINGS Any buildings erected in a Parks and Open Space (OS) Zone shall be set back a minimum distance of seven and one-half (7.5) metres from any lot line, and shall not cover more than twenty (20) percent of the area of the lot. 11 .3 EXCEPTIONS - PARKS AND OPEN SPACE (OS) ZONE 11 .3.1 11 .3.1 .1 Defined Area OS-1 as shown on Schedule 'A' to this By-law and defined as all lands between the 660 foot contour elevation (Canadian Geodetic Datum) and the Long Point Region Conservation Authority's established limit of the engineered Floodway (FW) Zone of the Big Otter Creek. 11 .3.1 .2 Permitted Uses Existing uses on the day of passing of this By-law. 11 .3.1 .3 Permitted Buildings and Structures Only those buildings and structures existing on the day of passing of this By-law. 56 SECTION 12 - FLOODWAY (FW) ZONE REGULATIONS 12. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Floodway (FW) Zone except for the following purposes: conservation area; • marina; parking areas; private parks excluding permanent buildings or structures; public parks excluding permanent buildings or structures; water oriented commercial and recreational uses; flood or erosion control structures. 12.2 SITE, BUILDING AND LOT REGULATIONS No buildings or structures may be erected, enlarged, extended, redeveloped, constructed or placed on lands within the Floodway (FW) Zone and no fill shall be placed or removed without the written approval of the Conservation Authority, the Ministry of Natural Resources or are in compliance to other provisions of this By-law. 12.3 EXCEPI1ONS - FLOODWAY (FW) ZONE 12.3.1 12.3.1 .1 Defined Area FW-1 as shown on Schedule 'A' to this By-law and defined as all lands below the Long Point Region Conservation Authority's established limit of the engineered Floodway of the Big Otter Creek. 12.3.1 .2 Permitted Uses Existing uses on the day of passing of this By-law. 12.3.1 .3 Permitted Buildings and Structures Only those buildings and structures existing on the day of passing of this By-law. 4. 57 SECTION 13 - FLOODFRINGE (FF) ZONE REGULATIONS 13. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or attered in the Floodfringe (FF) Zone except for the following purposes: single unit detached dwelling; • home occupations; accessory uses. 13.2 PERMITTED BUILDINGS AND STRUCTURES Building and structures for the permitted uses subject to the written approval of the Conservation Authority. 13.3 SITE, BUILDING, LOT AND USE REGULATIONS a) Permitted Uses, the minimum lot area and frontage, the minimum front, side and rear yard depths, the maximum lot coverage and building height, shall be in accordance with the regulations of Section 5 of this By-law. b) The foregoing shall not apply to prevent the enlargement of dwellings or the erection of buildings accessory thereto subject to compliance with the regulations in Section 4.2 of this By-law. 13.4 EXCEPTIONS - FLOODFRINGE (FF) ZONE 13.4. 1 13.4.1 .1 Defined Area FF-1 as shown on Schedule 'A' to this By-law. 13.4.1 .2 Site. Building and Lot Regulations a) Permitted uses, the minimum lot area and frontage, the minimum 41101' front, side and rear yard depths, the maximum lot coverage and building height, shall be in accordance with the regulations of Section 7 of this By-law. b) The foregoing shall not apply to prevent the construction of buildings or structures accessory thereto subject to compliance with the regulations in Sections 4.2, 4.3 or 4.4 of this By-law. 58 SEC-110N 14 - FUTURE DEVELOPMENT (FD) ZONE REGULATIONS 14. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected, used, or altered in the Future Development (FD) Zone except for the following purposes: existing agricultural uses; existing residential uses; farm buildings and structures including one single unit detached dwelling on one lot; home occupations; agricultural home occupations; accessory uses; uses lawfully in existence as of the effective date of passing this By-law. 14.2 PROHIBITED USES The establishment of new 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. 14.3 - SITE AND BUILDING REGULATIONS a) The minimum lot area and frontage, the minimum front, side and rear yard depths, the maximum lot coverage and building height, shall remain as they lawfully existed on the effective date of the passing of this By-law. b) The foregoing shall not apply to prevent the enlargement of dwellings or the erection of buildings accessory thereto subject to compliance with the regulations in Section 4.2. READ A FIRST TIME THIS 13TH DAY OF SEPTEMBER, 1990. READ A SECOND TIME THIS 13TH DAY OF SEPTEMBER, 1990. READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF SEPTEMBER, 1990. rlaNdevL.Igee4/ VILLAGE OF VIENNA COMPREHENSIVE ZONING BY-LAW NO . 90-12 :;)1 SEPTEMBER 1990 r II VILLAGE OF VIENNA [ ii p C !� Cp [ JI COMPREHENSIVE ZONING 1 BY-LAW NO . 90-12 . J : 7 I J SEPTEMBER 1990 � FORM 1 Now ei PLANNING ACT, 193 11. NOTICE OF THE PASSING OF A ZONING BYLAW BY ME CO( ORAflON OF nE VLLAGE OF VIENNA TM NOTICE that the Counol of the Corporation of the Village of Vienna passed 8y- Isw No. 90.12 on the 131h day of September, 1990 under Section 34 of THE PLANNING ACT, 1913. AND TAKE NO11GE 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 i Ott day of October, 1990, a nonce of appeal setting out the objection to the 8y-law and the reasons in support of the objection. The purpose of this By-law is to regulate the use of land; buildings and structures in ' - the Village. The By-4aw is intended to ensure orderly and compatible development throughout the Village of Vienna. The complete By-law is available for inspection in my office during regular office hours. ' = DATED AT THE VILLAGE OF VIENNA THIS 2Gttt DAY OF SEPTEMBER, 1990. • I -7 I _ Mrs. Lynda Millard Clerk Yiage of Vienna' _ P.O. Box 133 VIENNA, Ontario • NOJ 1 ZD I l_ .. EiCPLAPU\TORY NOTE PURPOSE AND EFFECT OF ZONING BY-LAW NO. 90-12 OF T1iE VILLAGE OF VIENNA The purpose of this by-law is to regulate the use of land, buildings and structures in the Village. The By-law is intended to ensure orderly and compatible development throughout the Village and must be in conformity with the Official Plan of the Village of Vienna. All Site Specific Zoning By-laws of the Village, adopted by the Council of the Village of Vienna, will be replaced by this new Zoning By-law. The By-law is comprised of the following sections. 1 . f[i83PFiEt'ATiQN AND ADMINISTRATION: deals with matters of an interpretative and administrative nature. It esrablisttes, among other things, that the By-law applies to all lands within the viNage, who will admires the By-law, requirements for building permits and violations and penalties for contraventions of the By-law. 2 QERN(T10NS; contains over 170 definitions of terms used in the By-law. 3. ZONEIAND ZONING MAPS; establishes the specific land use pones used in the By-law. R also deals with how exceptions to a general land use zone are treated in the By-law; multiple zoning (or more than one zone on a single property), and the interpretation of zone boundaries. 4. SAL PROVISION; indudes provisions which apply to ail or a number of specific land use zones. For example, provisions are contained regarding accessory uses, home occupations, setbacks from arterial roads, buffer strips, and parking requirements. 5. RESIDENTIAL FST DENSITY ea ZONE: applies to low density residerttial lots within the planning area. Permitted uses include one single unit detached dwelling on one lot, home occupations and accessory uses. it I 6. RESIPENTIAL SECOND DENSIrtf 11321 ZONE: applies to medium density residerttial lots within the planning area. Permitted buildings and structures ' include amulti-unit residential dwellings, a boarding house, rooming house, senior citizen homes and accessory buildings. 7. - apples to commercial Maes in the central core area of the Village. Abroad range at commercial uses are s I permitted as well as dwelling wets as accessory uses. 8, • applies to commercial uses throughout the • remainder of the viler. This zone permits a range of commercial uses which Cart exist in harmony with residential development 9. fLTAL OA) ZONE: applies to all irduaGrfal uses within the Village. A broad range of industrial uses are permitted in the Village of Vienna as well as ,dwelling units as accessory tis. . I 10. INE71TLti10NAL lit ZONE: applies to institutional uses such as churches, sdhools. Ybraries, and government buildings or alias throughout the Wim. A dwelling unit as an accessory use is also permitted. V 1 11 . PAF*3 AND OP�i SPACE (OSl ZONE: applies to own space tie welt as • campgrounds. conservation areas and parks throughout the Village. There is no minimum lot size prescribed in the OS Zone, however, the minimum yard niblick is seven and en•ttalf (7.5) metres and shah not cover more than Minty (20) percent of the area of the lot it 1 12. FLOQDWAY (PA[1 ZONE the lands within the FW Zone have been deemed to be susceptible to flooding and therefore the list of permitted uses is limited to those uses already in existence, conservadon areas, flood control, parks and parking areas. Any building activity in this zone is to be done only with the I written approval of the Conservadon Awtiority and the Ministry of NaturalResources. j j II ii 13. FWQOFRINGE ffF) ZONE the FF Zone permits similar uses as those permitted in the Residential First Density (RI ) Zone. The zone also prescribes floodproofing measures, based on engineered flood lines, which regulate the erection and reconstruction of buildings. Any building activity in this zone is to be done only with the written approval of the Conservation Authority and the Ministry of Naturai Resources. 14. fainfiraaaggiaeigtiLEQUQUE: permits ani buidin9s, structurn and uses eocisting on the date of the passing of the By-iaw and allows their expansion in compliance with applicable regulons of this By-taw. This is applied to areas where future development may be expected to occur pursuant to the submission of specific development proposal. iii VILLAGE OF VIENNA ZONING BY-LAW No. 90-12 A t regulate the use of land, and he character, Socadon and use of buildings and siTUCILWEIS in the Village of Vienna WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to enact a Zoning By-law; 'THEREFORE.1 NOW the CouncI of the Corporation of the Village of Vienna, pursuant to the Planning Act, 1983, and all outer powers thereunto enabling, enacts as follows: SECEEXUaitiMESEMMLAND ADMINISMATION i 1 .1 -- This By-law shall be known as the 4Zoning By-4aw" of tte Corporation of the Village of Vienna fU • .2 MENEM& The provision of this By-law shall apply to all lands within the boundaries of the Corporation of the Village of Vienna as now or hereafter legally constituted. 1 .3 ZWEE No land shall be used and no buildings or structures shall be erected, altered, or used within the Village of Vienna except in accordance with the provisions of this By-law and except as permitted by this By-law. IOW Ip _ . 441 -` • • 2 16.4 in Eitsrprig and applying the oviuIons this By-1 , they us hid to a I be the minimum requirements tar the pmnon of the hsl , sdstr• comfort convenience, and guisri wiMfe of the Wi at the Municipality, 1.111 traitiO.SEMNal. 4 In this By-4aw, the %fiord eshar shall always be construed as mindebsy. 1 .6 In this By , unless the contrary 1i 'tthci appears otherwise, words 1TS19 the singular number or the rnrculino gsnr only lid include n,ore persons, parties, or things at the IST1S kind nvn an., andti.mrl.. as well as miss, and 1M cortwrINL 1 .7 ifighallEengti ey-w� b. �Building.a e„ nBuilding k'upsorw This shall .,ah is � pawn as the CJncd of the VmSQ. of Vienna deesta. , .8 nu &i*ç inspector or any other psrn acting under the *son at COLI'ICd, may, az any reasonable heir, enter and upset a prsity or prsmlsss where there is reason to bihsys that any lend Ias been used I or any buiding or =xnrs has been x«.'ted, *srsd, or 'Merged, or used in violation of any at the provisions of this Bylaw. 3 1 .9 APPLICA1ION FOR BU1LILG PERMfTS In addition to all other requirements of the Ontario Building Code or any other building code or building by-4aw, every applicant for a building permit shall me with his application a plan, in duplkaL, drawn to scale, in metria. showing the true dimensions of the lot proposed to be built upon or otherwise developed, the proposed location, grade, height and dk'nsnions of the building or work in respect of which the permit is applied for and the $ocaton on such I of over/ existing building, together with a staDsmert signed by the owner, disdosing the exact use proposed for each building aforesaid and giving all information necessary to deturmine whether or not such building and the Proposed us* thereof conform with the requirements of this 8y-law. 1 .10 LM4DPgRMn1 No municipal permit certificate, or licence shall be issued where the said perm is required for a proposed use of land or a proposed e►ec:bn, aNwatlon, enlargement or use of any building or structure that is in violation of any provsons of this By-4aw. 1 .11 VIOLATIONS AND PENALTIES 1 .11 .1 Pswt to S.con 66 of the Planrung Act. 1983, any person who uses land. or erects or was any building or yrs or any part of any lot, idktg or structure in a manner contrary to any requirement of this bY- Ww. or who cams or psrmi such use or erection or who violates any provision of this By-less, or causes or pumila such viohllon, is guilty of an offence, and upon conviction is liable: on a first conviction to a fine of not more than 520,000; and on a subsequent conviction to a fine of not more than 510.000 for each day or part thereof upon which the contravention has continued after the day on which he was first Convicted. 1 .11 .2 Where a corporation is convicted of contravening any provisions of this By-law. the maximum penalty that my be imposad is: on a first conviction a fine of not more trian SOU= and on a subsequent convection a fine of not more tlian $25.000 for each day or part thereof upon rMwh the corrvaventlan hes oorinted after the day on which the carpataliDn was first convicted. 1 . t t .3 Each day of violation It* =institute an offence. 111 a I 1 . 11 .4 my budding or structure ia, contravenes any requirement or this By- lav4 'may be removed or altered at the instance of the Corporation, ' pursuant to the provisPtannngiioru of the Municipal Act, 1980, or the t Act, 1983, as arnotWsd. 1 .12 I I underthe coming into., rte. of thisa, s,,.+� ail� e,,.+�. IFromun9Sicon 34 d Pt 'mingthe Act. 1983 or a predse, ortherof,thereof, the said bye pmhb the ia at any land. txdInga struure� for a purpose that Is oixofrWbitsd by this ey�a,.shall bit deemed to have boon repelled except to the extent that any of I w 1 .13 APPLICAIION QF OTPØI BY-LAyl($ ' i Nothing inthis Bylaw shat lrrve LD * w** w* any persOn flan 1tN obligation to comply requirementswith therequirrequirements d thert &ikng By4sw or any ' other by4sw at the MtaiiIty in force from time to thT or the I obligation to obtain Y I ., permit, auCharltY or aPProwl rpuYod under any by4aw of the MimIaMty ' 1 .14 yaugax Should or/ action, cis or provlion at this By-law be hid by a courty- OR1 of OpWfTt jurIuon to be EivaMd, Y the varemainderthelly O� the remainder of t ey-lav shaM not be affected. I 1 .15 ZETECThasaia ey.i shot upon approval of the Ontario Munlöpi Bowl. comeir I E' Mforcsaidotth. o . ofpassi,gh.r.of. ' III ff I elio 5 SECTION 2 - DEEINfI'IONS rip For the purpose of this By-law, the definitions given herein shall govern. rtirt. 21 ABATLQU3, structure shall mean a building, thereof or lac or part used for ate slaughter of livestock. poultry or other animals for the purpose of r processing or rendering. iv) 22 ACCESSORY, shall mean a use, a building, or structure that is normally I I Incidental, sub-ordinate, and exdusivey devoted to a main use, building, or structure and that is located on the same lot therewith. i .. 1 1 jar 2.3 shall mean living quarters within an accessoryr. building located on the same prmee as the main building 1 � for the sole personse of employedpremises on the or members of 1M family of the occupant of the main budding, such dwelling unit having II i no kien fUes and not rented or othxwiw used as a separate dlUng unit LI J 2.4 cv* UL11JRALi� r� sfnen the cultivation of lurid, the production of sops and the selling of such product on the premises, and 7u Itl bres * g and Care of livestock and CN sMOf1q of such livestock or the pru of such livestodc raid on the premises, and without limiflng the generality of the fO('5Qg includes animal husbai 'y, and the raining 1E _, , and haivesthg of field, btmh. OObaeeo, tree or vine crops, truck gardening, nurseries, greenhouses, mushroom farming and sod farming . 1 Wucing the related sigha, aou++W, smells, and Walesa. 1 1 2.5 egg, when used in reference to a building or structureldinystructure or part thereof. C 1 shall mean to change any one or more of the internal or miasmal dimensions of such bustling of structure or to change the type of I I Li, construction of ths exterior exterior wails or roof thereof. When used in reference to a lot, the ward °atter' means to change the width, depth, or area of any required yard. setback, landscaped open space, or parking area, or miachange the location of any boundary of such lot with respect to a street or lane, whethim such alternation is made by conveyance or alienation of any portion of said lot, or otherwise.�l r . . . � 6 2. 6 . , . . ,•:% . ir. shall mean any btiding containing more than '+'1F • . . - • intended for use for tM purpow of 3 Markarian practice. 2. 7 - « . _ I shag mean a building otherwise complete in tssIf, which 1 I • • .. for sn'tc:turol support or complete andostn, upon a division wig or was shared in common with an adjacent bung or buildings. 0 2.8 ATTIC, shay MOW thi porton of a twilling siat.d wholly or part within N the roof and which is not ono-half worry. I 2.9 .E BODY SHOP, shall moan a building or structure where ' motor vehicles aro kept for repair nck1idlng the complete repair to vehicle bodies, frnss, chassis, or motors and the pindng, upholstering, glass replacement and cleaning of such vehicles. 210 shall mMn a bii 'sg or loe , used for the display and saki of new and used motor which). and may include the svidng, repair, dimming, poshk'sg and grassing of motor veikles, the sale of automotive accessorise and related products and the losing or nrltlnq of motor vehicles. 1 2.11 shall mere a budg or part of a buikling on a dimly defined space a a lot used for Ili mil sale of iuhliatlnp oils and gollnes and may nctuds the sols of automobile accuissories and where only the servicing and minor repairs essential to the operation of motor vehiciss are woocuted or performed. It may aka° include the washing of motor vehicies. 2,z shall mean a building zncuor lot used for the wrecking or dismantling of motor vehicles and for the J storage and sale of scrap material, salvage and parts obtained n,..a«,,, but shad not ina,ae any other auoemowe u.e d&In.d in this ayslaw. JI � J r 1 1 p I I 7 213 BAS9.4ENT, shall mean that portion of a building between two floor p i 1 levels which is partly underground but which has at least one-halt of its height from finished floor to finished ceiling above adient finished r i ground surface or grade. p I 2.14 :.*. iik_at i ka aA. :��`: ei.ki. .. V Balk �ra *A; Lel 1 it SI ►i ... shad 1 • mean any house or building or gonion thereof in which the proprietor resides and suppites, for hire or gain to more than two person, lodging r i andlor meals, but shall not include a hotel, motel, hospital, home for the I. a young or the aged, or nsöbon, or restaurant accommodating tha 1 1 general public. I a 2.15 BUFFERSTRIP. shall mean an area used for no other purpose than the planting of a continuous row of trees or an unpierced hedgerow of Cnatural evergreens or shrubs, not lest than 1 .2 metres in height at the time of planting, immediately adjacent to the lot line or portion thereat, 1 alongwith such planting strip shall be landscaped and planted with t i omamerttal shrubs, flowering shrubs, flower beds, man-made landscape materfais or a combination thereof and may also contain a dosed board, r JP picket or chain-linked fence which is a minimum at 12 metres high. II a 2.16 1 shall mean structure whether temporary or permanent, 1 rused or intended for sheitsring any use or occupancy and shall include a r I trader as defined in clause (a) of paragraph 95 of Simon 210 of the L i Municipal Act, as arrerwied and revised from time to tfms, and shay also include a mobile homy as denod in clause 45 (1 ) (a) of the Planning . fr „ as amended and s�d from ms to kms, but shaN nat include a ct, revisedtimeboundary wall or fence. C 2.17 BUILDING STRIP, shall in-dude any structure whether temporary or psrms'isnt, used or intended for sheltering any use or occupancy but p I shall not include a boundary wall, fence, travel railer, camping trailer, L.. • truck camper, motor home, or tent p 1 La 218 aUllatraAag& shall mean an area designated on a zoning map or zoning map sole as "Building Area” which defines the area of a lot p I within which permEed buildings or other structures may be erected, L. I used, and maintained. hi J 1i 18 2.19 ULD1NG BY-LAW, shall mean any building by-law within the meaning of I trio Planning Ac[. 1983. r 220 Sre II meths officer or employee of the r 1 Itwiópllty for the ms being charged with the duty of enforcing the provisions of this By-law. the Ontario Building Code, or any other i I budding code or building by4aw of the AAurtidpalky. I 1 k I 221 illajariallf, shall mean a line within a lot drawn parallel to a lot fins; I 1 R establishes the minimum dics bstn the lot fins and any bi. lng, or structure which may be erected. When the lot line is a it i aum, the building line shall be a line drawn parallel to the chord of the 1 1 arc constituting the lot tins. r ' 1 222 alliallaSEMEQ, shall mean a door, window or !Enda* opening in a bulking. k 1 223 mars 1M bid,atoll rt� uM of buildings, or � I structures for purposer r d buying and aeitq biding materials, ice, and allsd chemicals but doss not Include arty rtwxdacCrYfp, I a, assembling, or processing uses. 1 2.2. mean, shad ..n a use m � dfiv campingrtlrq �t camping is sites, licensed under the provisions of the Miaip1AMt A.S.O.. 1980, as 1 1 amended, and comprising luld used or maintained for tseasonal it rearestlonr activity oun asfor Cr camping or pulI'ig of a Lint, motor hones. travel veer, or truck camper, but not a mobile horns. k. 1 225 CeinUMZEILWALL, *tail mien an exterior front, side, or rear wall of a bui 'ig wiikh may prosc from a 'Mlah war into a °Yards in accordance with Vie provisions at Sn 4.23 of VhU ey-law. k I 21e Car= rater to the diftnit of gime. PrIve. is 1 iii 1 l _ J 9 2.27 02121a shall mean that portion of a building between two floor levels which is partly or wholly underground but which as more than one-halt of its height from finished floor to ceiling below adjacent finished ground surface or grade. 2.28 CAETERY, shall mean land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. 229 Mina shall mean a buing dedicated to religious worship and may indud a church hall, church audtOorfum. Sunday school. Pariah had, and church day nursery. 230 GM& shall mean any building or portion thereof containing two or more offices used or intended for use for any of the purposes of medical or dental pracce, and without limEtfng the generality of the foregoing inciudes the offices or consulting rooms of members of the medical or dental professions or a chiropractor. 231 SINIQuaadigot kali mean any bsidlng used or intended to be used for the purpos. of a veterinarian prs. i 2.32 QM, shall mean a building used or intended to be used as a meeting place for U7• members of an agan¢atlOn, uon, fraternal order, or sin type group, not operated for prot and wherein athletic fDtiee, *Iig rooms, and bevsrag rooms may or may not be provided. 2.33 shall mean the use of land or buäidlngs for the purposes of buying and/or sealing commodities and supplying services. ` 2.34 MitififilligeffEE, shad mean a building used for community aelhiNbi and not for commercial purposes. the control of which is vested in the Muniapality, a lopl board, or trustees. i 10 t 2.35 CONTRACTOR'S YARD QA SHOP. shall mean the use of land, buildings t or structures for the purpose of storing construction, excavation or plant punprtisrrt, vehicles, or material or performing shop work or assembly work by any building trade contractor. 2.36 MEISIMENCEELAZIN, shall mean a group of not more than four (4) l convenience stores located adjacent to one another under one roof with separate entrances, MI of which front on an improved strut or road which provide off-street pIdflQ 2.37 Mtfableigalinfe shall moan a retail store supplying groceries and other dy household necessities to an immediate surrounding residential area. 1 2.38 abaffigfig. shall mean in the case of a residential building or structure that por01t or psrcites of the ar.it of any doe upon which btding. or structures an rd or permIsd to be erected on to lot (not Wu .dng an outdoor swfmrMrq pool) rteswsad at the IsI of the lwwt Loony containing hlls roarr, and in the Cass of a non-residential building or structure that portion or prcsns of the am of bungs or structures erected of psrrnd to be erected on the lot (not inuig an outdoor swYmirq p000 measured at the li of the lowest storey above grade, inc1ng in both cases all porches and wrendas, stops, cornices, saves, bay *Wows, chimneys. c I 239 shall mien a motor vehiclo that has no motet vakmo as a mows of transportation or as an instnsnent of thy, or is inoperable and may not have current license plates r1Qf required. I 240 Manila shall mean the use of land or biAkIngs for the purposes of impounding dogs Pix to a by-law of the P*. nicipality and where such dogs are kept for a minimum ndomptlon period as defined in the Animals for Research Act, R.S.0.11 sea, as amended from time to time. IT I I I I] 6 1. 1 2.41 Malaita occupied exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, board houses, rooming houses, moteis, institudons, mobile homes, or living quavers for a caretaker, watchman, or other person or persor using living quarters which are accessory to a nog-residential building or structure. 242 APstaiN mean a dwelling, consisting of four or more dwelling units which units have a common entrance from the street level and the occupants of which have the right to use, in aomnon, Ps and/or stairs and/or elevators and yards. 2.43 shall mean a dwelling originally designed as a single dwelling unit, which because of size or design is or can be converted by partion and the addition of sanitary fes and cooking facilities into more than one dwelling unit 1 1 2.44 =alIt franot�F n��c ci Dana shay mean a budding that consists of two (21 duplexes attached to each other. � Tr, l ` 24S ( Ar11 *1 rZnit Et shall mean a building that is divided horizontally into two (Z dwelling units each of which has an ind.pendent entrance either directly or through a common vestibule. it 2.48 shall mean a bujiding designed to contain ` more than three (3) dwellIng unitseach having an entrance from a entrance.corttrtnon hallway or stairway inside the building and a separate outside 247 shall mean a budding that is divided vertically into three (3) or more dwelling units, each of which has independent entrances. i � ir i 12 2a8 DyguitraimisaziaL, shall mean a seasonal residential building or SiTUCtUrli Lind or intended to be used for intermittent residential occupancy t OI4OL the y , but not used or intended to be used for * JOLIS habitidon, as a prWiy residence andla a psrmrvt dwelling. 249 DINEUING, SB .OETMH5), shall mean a budg that is divided l w,t.ily into clew (2) dwsllkig units each of which h.. a independent entrance either dIrsy or through a conrnon vim. 2.50 gild m.., a camw.a1,, detached dwslfrag iit deigned, and intended for occupancy by psople but doss not indi. e a mobile hang. 2.31 cul men a separate buik*ig mining li'iS (3) or mon attached single units with a common masonry wad dvidng the two dwslig units vertlaly, each of which has an Epsndsnt entrance either directly or through a aomrtwn vestibule. 2.52 IffeijagiliateneX, shag mow a wilding that is dMdid into tree (3) separate dwsIig unit. each of which his a indspsndsnt entrance either directly or through a common vestibule. 2.5;{ OlkiELLING. T )-I14T, shall mean a dwsl 'vg deigned and intendsd .naor used for occupancy by psapls Uving independently of each atter inciuding dupiex or simiidMadwd houses. 23. Malta shall mean one or more hitls rooms occupied or i cambia of big occupied which an independent and separate housicssping establishments in which separate Ian and sanitary fIt$ss an provided for the use of such psopis, with a prtvs entrance from b.4Adlngttw or from a common hwsy or Stairway inside 111 i I 13 2.55 EFFECTIVE DATE, shall mean the date that this By-law shall be deemed to cartes into fuM fa' and effect upon the issuance of a formal order pursiart to SectIon 34(19) of the Plamng Act as amended and revised from time to drr . 2.56 SECT, shall inds build. construct reconstruct, alter and relocate and, not to limit the generality of the foregoing, shall be taken to include any 111 preliminary physical apentlan such as excavating, gradIng, piling, crabbing, Ming or drairrinq, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. i 2.57 ESMBUSHED BUILDING U shall mean the average distance from the street line of existing buddings on one side of one block where more time one-halt of the lob having street access upon the said side or the block have been built upon. 2.58 agElta shall mean existing as of the date of the passing of this BY- kw. 2.59 F .Y.AMshall most an individual, or two (2) or more persons who are interrelated by blood, or marriage, or legal adoptlon, or a group of not more than five (5) unrelated persons. 290 MI shad most a tot, held for the pusposi at ghouftural uw, together with or without its dsperctarrt buildings including one single4s'nily dhsd dwelling with private garage, one mobile home or dwelling as supplementary housing to the farm operation, barns, sheds, pens, and similar accessory building .mac that in areas where buidings and xn,eares are prohbtsd such u.e shag refer only to the land. 281 faittieffiDUCE QUJ1.EL shall most a use, aooesaaY to a permitted 1 farm, wich consists of a regi sale of agricultural Product produced in the area which such outlet is located. 1 14 if 2.62 aggla.ffig& shall mean the sum of the areas of all floors of a building measured from the outside of all exterior wails exciusive of any attic, bessmont, =Aar. garage, verandah, porch or sunroom unless such 'Wooed porch or sunroom is an integral pat or the big and tile in ail seasons, and excluding any Hoar area with a ceiling hight of less Can two (2.0) metres. 1 2.63 shall mean the sum of the areas of all fors of a building or pat thereof used for oortm+enaal purposes I� measured betwssn ths internal faces of the exterior walla, excluding the furnace-room. Laun&y.room, or washroom, stairwell or any area designed or used psrmaneny for storage space. 2.64 shall mean the area of a building or structure �I measured from the outside of all exterior walb, at grade, exclusive of any accessory building, garage, basement, cellar, terrace, verandah, open or enclosed porch or wnroam, unless such sunroom or enclosed porch is an integral part of the budding and habitabl in ad masons. 2.65 dull mean a building, or part thereof, a1w than a restaurant or rehadmortt room in which agriarel Products are pack.d, fron, prs procesd, preserved, graded or stored for eventual human consumption, and includes a cannery, a flour rMl, a dairy, a bakery, or an egg gradIng station, but does not include an abattoir or any premises used for the slaughtering at animas or the balm of blood, tripe or bones. 2.66 EQBESIBLUIE shaN mean the general raising and harvesting of wood and without limiting the generality of the foregoing includes the raising and cutting of fuel wood. pt4p wood, lumber, ( ihstmas tress. and other for products. 267 atefiajjalgo shall mean a building where preparation of the dead human body for interment or cremation is undertaken. 15 1 2.68 GARDEN CENTRE, shall mean the use of land, buildings or structures for the purpose of buying, selling and raising of plants. shrubs and trees and includes the storage and safe of accessory produces generally used for landscaping and gardening purposes. ! 289 GARAGE PRNATE a► CARPORT. shaM mean a building or portion of a building designed for the storage of not more than three (3) private motor vehiGes and the storage of household equipment inddental to residential occupancy, wherein no service for prot is rendered; and when such structure is within two (2.0) metres of the main budding, it shall be deemed to be part of the main building and not an accessory building. 270 GARAGE. PUBUQ, shall mean a building or structure other than a private garage where motor vehicles are kept or stored for remuneration or repair, including the complete repair to motor vehicle bodies, frames, or m000rs, and the painting, uPhobteririg, washing, and cleaning of such vehicles, and may include an automobile service station. 2.71 gali, shall mean natural gas, manufactured gas, propanearc gas. or any mbmus of any of thorn. 272 QOUQQUJF shall mean a Public or private area operated for the purpos. at playing golf irictuding a par three got? course, driving rarge.mirnaare golf course, or combination thereof. 2.73 GIQ1 1YL shall mean, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building, and when used with reference to a structure means the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchmerrt.and when used with 11 reference to a road means the elevation of the road established by the authority having jurisdiction. G . f r • eseiguaud eta uo 6, Awe 614 'squaw A 6Q pru yam, p sew Rnvpo!r6e muss tpltlM '�cn equep S.' a �o ionpaq�rr�ube ue tam psBOS ioddns Jo UPC r JO} uopedro00 us btu Sys 82,12 eL .Mp PS wt gu+.P!esi e rou a oyw, uIMwe ( t) uetA aow 30U told .,u1Jd ata uo upusi Apia{ eta p ancRa»W IAg Apo pu sin kepurzeme Bupemp e ytAm Alejgus Perm= Loddns JO WO ic4 wpiednxo ue usow pays LLZ *sighsLpnu4o JO 'NOUS 'mum. m clod Cell 'due .10211A0p 'wig 'ode sOaioOt 'awo0 VauwItP 1LI6ØAS 'owoP IftWOLLIBUJO due of /wide lou pew wopenbu 3tAs4 �LL I ' (qpue (e wo c u! ptJSA ou odea boa e ono Wl W, 'Opp pue aaneo uwhn1sQ MSM OeSJOAs Hyl (a :pm e pampa= sq uJoq 41!m 'sweep (ria) MueM usyt nM yO Wm a U!A, pas 4ons 36tA PSP!AOJd 'wiM et4 pue e5pp otA wahyaQ 'boa odolt 'Duo a p em o4i (q JOOJ )pSpBJOpOJRIJBLM Buippnq esm oUl w AIgWSS JOOJ eta p 7uoc1 setOFI eta (s ip :46nat44 weld uozpoq o4t waMtaQ *pump pow mit ueew Ileus empnAs JO 5upnq e Wspousuemu twit Pew ulkim MEER 94CE ociplustimo euo aRm psu OCi mu feu x) Aiw dol LAINM '101 Muge wt uo mem Duppri4 susususde Jo/pue eANemP suotospew ' psnaYva+ + 'nnaM1maa JO sewer* Pm*MJ ' aoIdnP ',mop 'xgdW laRcinp petpeopaguse xsz piL u iq psipdw sQ Aiw UxIM "Pun Dugemc swedes wow„o te) omt .pnpu! Wig SKETRXragarita5 SLZ I) - ) iampsai suo suatmemnbei etiz Lmm lump= uopytiodx MpcuodN1 apun Apt&m e CE mu (Apwe 5L4Appai �F JO jjes Aiosuuedns 6upnPxa) queP!sai ueUi w eenA Up4M Ln !Sunlamp lepuepisei e ui *in 6utdeesmnoii el6urs e ueew 1145 3WON dflOE1v vLZ �I 9i �l 17 j279 H l0,, shall mean any hotel, tavern, inn, lounge, or public house in one main building or in two or more buildings used mainly for the purposes of catering to the needs of the travelling Public by supplying food and furnishing sleeping accommodation of not leas than six (6) guest rooms, which guest rooms contain no provions for coaldng, and shall include all such buildings operating under the Liquor license Act. R.S.O., 1980 and the Tourist Establlshment ActR.S.O., 1980 as amended from time to time. 2.80 shay mean the use of land, buildings or j structures for the purpose of manufacturing, assembling, preparing, � inspecting, omamenang, finishing, traaan9, alterin9, repairin9, warehousing, storing, or adapting for sale of any goods, substance, article or thing, including the storage of building and construction equipment and materials, but not including any obnoxious industry, mine, pit, quarry or oil well. 2.81 INDUSTRIAL USE. UGHT shall mean the manufacturing, assembly or procsssing of component parts to produce finished products suitable for read or service trade but does not include food, beverage, tobacco, rubber, leather, textile and knttting, wood, printing, meld fabricathg or similar industries if these operations involve stamping presses, furnee, machinery, or the emission of any air, noise or water pollution, that can be smelled, heard or otherwise perceived outside of the building. 2.82 Igninnalisuga, shall mean the use of land, buildings or other 1 structures for some public or social purpose but not for commercial i4sp . These uses may include govemmeri , religious, educatlonal. 1 charitable, philanthropic, or other similar but non-commercial uses and notwithstanding the generality of the foregoing institutional uses may include: Schools, dnuChe9, municipal offices and hospitals. 2.83 Mlles_ ANIMAL., shall mean any lot, building or structure on or within which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment 1 2.84 LANDING STRIP, shall mean a strip of ground used or capable of being 7 used for the landing and takeoff of aircxatt. 1 r_ '� 18 r 2.85 kANE or ALLEY, shall mean a public thoroughfare which affords a means I _ Of access to abutting lots but which is not intended for general traffic * n. 2.811 which the business of a shall man a building, or part thsmof, in laundry is conducted on the ground Haar, in wtich only water and detergent are used, and the drying, ironing, and finishing of such goods aro co ,d ,c0ed.wiU, emits no odours, ftLmes noise or vibration cawing a nuisance or inconvenience within or outside the prnsss. A laundry establishment may include a aeM-service, coin operated Laundromat. 2.87 Lomax shall mean farm animals kept for use, for propagation, or kitsndsd for profit and includes dairy and beef cams, horses, swim, sheeP, laying hens, chicken and turkey broilers, turkeys, goat. geese, 1.1 ducks, mink and rabbit, but excluding animals wdt as pale raised or hued for recreational or hobby purposes. 288 jgeneaSEAGE, shall mean a epees or ay Iod on a lot which is Www or intended to be used for the temporary psicEig of any commercial vehicle *vie iong or unloading goods, merchandise, or .� materials used in connection with the main use of the lot or any building thereon, and which has an unobstructed access to a street or lane. 11 " 289 Lathslandheldoronsdundercncandsspwats I� ownership from the ownership of the fee or equity of redemption in abutting land and shall be described in a registered deed or other document lags* capable of cornering land or shown as a lot or block on a registered Plan of subdivision including any of Irts which aro �1 aubloct to the right-0f-essortwnrt but does not include a lot or a block on a registered plan of subdivision which has been deemed to be a if registered Plan of subdivision by a by-law paused Pursuant to the Planning Act. 1983, as amended from dine ED time. If if ►r I 19 2.90 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 comer with a radius of six (6.0) metres, or less, where the ot area of ji lot shall be calculated as if the lot lines where projected to the point of mon. 2.91 LOT CORNS, shall mean a lot situated at the intersection of and abutting upon two (2) streets which intersect at an angle of not more than one hundred and thirty-eve (135) degrees and where such streets are curved. or, in the case of a singular street with a curve of not more than 135 degrees, the angle of intersection of the tangents to the street tines, drawn through the extremities of the interior lot lines provided that in the latter case, the corner of the lot shall be deemed to be that point on the street dna nearest to the point of intersection of the said tangents; and ii) any portion oi a corner lot distant more than thirty (30) metres from the corner, measured along the street line shall be deemed to be an interior lot. 2.92 LTJ3QT shall mean the horizontal distance between the side lot tines of a lot measured at right angles, but where such lot lines are not parallel, the lot frontage shall be measured perpendicularty to the lien joining the centre of the front and the centre of the rear lot lines at a point six (6.0) mattes bk from the front lot line and where such lot lines meet, the lot frontage shall be immured psrper!dlcularty to the line adioinin9 the apex of the triangle formed by th side lot lines and a point • six (6.0) metres back from the front lot line. • 293 INIOT DEPTH, shall mean the horizontal distance between the front and rear lot lines. tt these lines are not parallel. it shalt 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 foamed by the • side lot lines. • 2.94 LCL tNnR10R. strall mean a lot other than a corner lot. • r il I [ 20 i [ 1 2.95 LOT UNES, shall mean the boundary lines of a lot defined as follows: I I I a) Front lot lines shay mean, accept in the ase of a corner lotthe I line dividing the lot from the street: in the easy of a cartes lot 1M a1wr0er boundary 14w abutting ttw !treat shallbe deemed tha aids if Ilot line, in case acd suchatsqa1 h ch lat 1ralloulC b� tength, 1M front lot line affil be doomed to be the front lot Ins s I I ISh.d in the blodpñor� by o�,. In the ce.e a a throu lot, the shorter boundary dMdng the doe from the aa..e shall be deemed to be the front lot tine and the opposile longer ir boLmdy shall be deemed to the rear lot Ons. in case each of I Ludt lot Ines should be of agar lsng the front lot lin shad be desnsdtob. thsfrontloUmsasestabIishsdIflthSbOdCbyprIOr ihir construction. I b) Rsu' lot line shall mean the lot line farthest from or opposite to the I 1 frontlottine. 1p 1 c) Iat 9rw s` aY mean a lot lino other than a front ar rear lot 14ie. 4f 2.96 shall, ah� mean a lot banded on two opposite sides by if I streets. Pro1dsd, however, Cat if any lot qualifies as being both a I corner lot and a ttraugh lot as hsrsEor disd, such lot shay be conclusively deemed to be a corner lot. 4f 2.97 Mfillijiailagi moanshall dlgnsdwor ed for the I principal use an the lot I i f 2.98 MeaUlag, statl mean the predominant purpose for Wrria, any hand. I buildings, structures, premises or part thereof is designed, used or !r maintained. 1 298 hifiELWALL shay mean the exterior front. side, or rear wail of a building, 1 I and all structural members essential to the support of a fully endosed J space or roof. f 2.100 MANURE crnwer.�ApFs gay mean land, buildings or structures used if for the storage of manure generated by livestock. ' I ;‘ Ir 111 2.101 MOBILE HOME, shall be defined according to the provisions of Section .11 45(1 ) , (a) , of the Planning Act, 1983 as amended and revised from time to time. 2102 SLE HOME LQL shall mean a parcel of land which is described in a deed or other doam.nt legally capable of conveying land, or a parch of land which is shown as a lot or blod on a registered plan of subdivision and which is intended for the placement of a mobile home. 2.103 MINI,FanAE PARK shall mean a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. 2.104 Main F igafigaig shall mean an area of land within a mobile home park that is intended to be occupied by one mobile home and which may be owned by the owner of the mobile home park. 111 2.105 hignis, mall mean one building, or two (2) or more detached buildings for the purpose of catering to the needs of the travelling public by : furnishing sleeping accommodation with or without supplying food and shall include a motor court, auto court, and all such buildings operating under the Liquor Ucense Act, A.S.O., 1980 and the Tourist Establishments Act, R.S.O., 1980. 2.106 MOSEU:Sate shall mean a structure built on and made an integral pat of a self-propelled motor vehicle chassis other than a passenger automobile chassis, primarily designed to provide temporary living quarters for recreation camping and travel use. � 2.107 MCgalaidiaL shall mean a wheeled self-propelling vehicle for the � transportation of passengers and goods and without limiting the generality of the foregoing indudes automobiles, trades, buses, 7 ambulances, hearses, motor homes and tractors. ' 1 i 2 .: i- 2.108 MOTOR VEHICLE SALES ESTA !JSHMENT, shall mean a perking lot, Ir building or lot where motor vehicles are hired, kept or used for hire, or where such vehicles and accessories are stored or k.pt for sale, and where motor vehicles may be oiled, grssd or waelwd, or haus thsir . 1 ignition adjusted, tires inflated or bñes dwgsd or where repairs if essential to the actual operation of moor vehicles are executed or performed. if 2109 $.RiUCP*LflY, shall mean the Corporation of the VlUage of Viennar I 2.110 tabagalCafijUBAL when used with reference to a budding. sovcaue, or use a ehashag' mean designed,. intended ar used for purposes other thans, � I those an agricultural use. 2.111 shall mean a building or structure which does not r I campy or agroe with the regulations of this By.lawas of the data or passing thereof, but dose not indude a non. iforming use, building, or I structure. 1_ 1 2112 salsammitte sh mean a use, buildup or structure whlth is not r I a use, buidng or structure permid in the zone in which the said use, 1._ building or structure is situated. I 2113 when used with reference to a budding, mucriue or r I use, shill mow designed, intended or used for purposes other thanr thossofadw I MING HONE ar HEST FINE shall rton a building in which the I 2.114 proprietor supplies for hire or min lodging with or wiOI rffseb.and, in f I eddidon,1nursing,1 NON-Cmedical or similar tete and treatment, it squired, and shay incYuds a rest home or cornalescwnt home. i r I 2.115 QCCUPANCy, shay rtw�n to reside in as owner or on a 1 ill permanent or temporary basis. f . r I b_. -1 r I I .2 1 I I1 23 .11 2.116 OFFICE. GENERAL shall mean any building or part of a building in I which one or more persons are employed in the management, direcon J or conducng of an agency. businesa.labour a fraternal organition,Ibut excludes such uses as retail so , manufacXure, assembly or storage 1 of goods, or places at assembly and amusement. I 2.117 shall mean any office used by professionally I qualified persons, for the purposes of giving advice, consultation or Itreatment to dints or patients. I � 2.118 IL shall mean crude oil, and includes any hydro-carbon that can be recovered in liquid form from a podthrough a well. C � .1 2.119 WEN SP shall mean an unoccupied space open to the sky except such land as is used or required for parkingpurposes b1/ this by4aw, f and shall include recreational fIWes, Landscaped areas, patios,` � walkways, and readerttlal driveways. 1 I i 2120 . JTE4Q shall mean the storage of goods in the open air and in unenclosed portions of buildings which areopen to the air on the I sides I � 2.121 2Effiga shall mean the person who holds legal title to a piece of prs . I 1 2.122 MEWING LQT, shall mean an area provided for the temporary parking of I 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 i I I 1 2.123 PRK1NG SPAS shall mean an area enclosed in a principal building, in an accessory building, or unenclosed, having an area of not less than 1 i 14.4 square mases, measuring 2.4 metres by 6 metres, exclusive of accessible1 or driveways and acceible to a street or lane and set aside for 1 i 1 the purpose of the temporary parking or storage of a motor vehicle. 1 *I 1.1 I , i I I i r I 24 I 2.124 PARK PRIVATE, shall mean a park not open to the general public and f which may be operated for commeraal gain. I ' 2.125 1fealUNDIX, shallmeanrtn an area of open land. maintained or owned � i Munidpalltyby the authorityor a public authority for the enjoyment, health and ( wail-being of the public and normally open to the public" L I 2128 PrrED, shall mean permitted by this By-law. r 2127 =WS shall include an indMóiaI, an association, a firm, a � ' partnership, incorporated an company, municipal rporatlon, agent or ' r Mates and their heirs, mcea0os, or other legal representatves of a person to whom the context of this By-law can apply according to law. I_ 2128 in shall men any opening.Nopening. quarryingquarrying. or �acavabn of or in the I ' ground, licensedIlcwd urxYrtfw Pits and Quarries Control �►ct. Fl&0., t9e0, tas amended, for the purpose d removing rods send. Drawl. mirth, clay, f or &risme, and may include the processing thereof such as saserting. L 0. 0. 0, and other similar operations. ' sorting, PITWy1Q129 E shall mean a temporary ptt or quarry opened and used El I by a public mad aWhoriry on the basis of a permit issued pursuant to1 theQuam.s Pb and Con ActRS.O., ramended,. 1980, as ad. solely for 1_ I the purpose of a plw xosct or road construction concoct and not r located on the road right-of-sway. 2t30 e shall mean a building or part thereof used r I for the purposea of an arena, audiEorium, public had, billiard or pool I roans, bowling alley, icy butar roller riMcdose not ince all other pisses of amusement not specifically listed. r r I 2131 PLANTING $TRI?, shall mean an area used for the planting and I maintenance of a oontwous row of trees or unpierced hedgerow of natural evergreens or shrubs not I than 1 .2 metres (4.0 feet) in height I. at the thrix of planting, with tremainder of such an area used for both natural and man-made landscape materials. 1 - II4 1 -, I ii 1 1 i � I 1 Z5 1 2.132 PORCH, shall mean a roofed, open gallery, or portico attached to the 1 � exterior of a building. I ii a1 2.133 alyAlEgajja, shall mean a lawn bowling, tennis, badthton or other Iledc, social or recreational dub located on private lands and not operated for profit and inctudes the premises of a fraternaloorganization.� MOM 213s shall mean any school hoard. public utility commission, Ontario Hydro, transportation commission, public library I bond. board of parks managemerrt, board of health, board of commissioners of poi , plairlig boards or commission or committee of local authority established or ardsYg any power or authority under .1 any general or special statute of Ontario with respect to any of the affairs or purposes of a municipality or a portion hereof, and includes any committee or local authority established by by-law of the Councd of the 1 i Municipality. a1 i nd inshall mean a building or porton thereof designed and intended to accommodate one or more ess or sporting i 4 activities and shall include an arena, aquatic centre, tennis, squash and racquetball courts, dance studios and fitness centres. 1 i i i shall aFt�.aFannn�ni i�� mean the use of land for outdoor leisure and 2.136 sporting purposes and for purposes of enjoyment of the natural environment and activities related thereto,and without limiting the generality of the foregoing may include boating, camping, canoeing, fishing, Mmfi9. smvKnobiling and swimming. i I 2.137 RESIDEN hAL U� means the use of a building or structure or parts Li! thxeof as a dwelling.I 2.138 RETAURANTI shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for consumption I either on or off the premises and includes such uses as a cafe, cafemrta, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand. This definition shall not include aOrme-In Restaurant ii � I 26 2.139 JESTAURANT. DRIVE IN or TA -O!JI, shall mean a building, or portion thereof, designed, used or intended for the sale of food or refreshments r LD the gensra public, and where such food or refreshment may be made avadsUls to a person while in his motor whirls or while within the tâiig, and where proon may be mads for the consumption of such 11. food or refreshment by the pion WNW in his motor vrhkb, or within ths tjiIdç, or elsewhere on the sits. 1 2.140 agragMagp shall mean a building or part of a budding in which floods. war... m.ravrdie., wbstanas, artier or things are offered or kspt for retail sale to the pubic, and oAkee, servicing manufacturing, repairing. warehousing or storage functions accessory thereto, but does not Include a rests:ant. 2141 figralLSMegSgEON. steal reef a retail store within which is i1 meted the wing of groceries, convenience goods, and other generi merchandise. A gsnsrel Mei store may be Wicdsd as part of ,r an automobile service station. q 2.142 SfiLYSKINID, steal mean, an establishment where goods, wares, if rterchandise, substances, articles or thugs an procssd for further uM, and where such goods, wales, rtlefchendlse, articles or things aro If stored wholly or partly in the open and includes a junk or seep metal � yard and an automobile wrecking yard. 2143 ZOOM shall mean any school established and maintained by the Bn County fiord of E& on, or the Bn County RC Separate if Stho Board. 2.144 SCHOOl.. PIWAT , shaM mean an educational or training establishment if which is not under the jurisdion of a Board as defined by the Department of Educaon Act, R.S.0., 1980, as amended from time to if time. if 2.145 shell mien a multiple hotng unit for the aged where over fifty (50) Percent of the dwelling units are designed, intended and/or used for Persons sixty (SO) Years of age or over. I I i II Ii J 1 27 1 2.146 SERVICE SHOP, shall mean any budding or part thereof where includes appliances and machinery are sold, serviced, or repaired and inudes 1 building trades establishments but excludes any manufacturing, processing, or wholesaling. I j 2.147theproperty, shall mn the horizorrtal distance from I boundary line, measured at rightangles from a street allowance or 1 property boundary line, to the nearest part of any building or structure on a IOC 1 I J2.148 shall mean a building or group of buildings Iplanned, designsd, developed and managed as a unit having off-street 1 parking provided on the site and which building or buildings are designed and which function as a unit accommodating a minimum of five I (5) separate business, as opposed to a business area comprising unrelated individual establishments. Ii 2.149 SIGN, shall mean a name, identification, description, devise, display, or 1 i Lation which is affixed to, or represented directly or indirey upon a building, struus or lac and which directs atattention to an abjecC 1 1 product, place, activity, Person. instltzton, organization or business. I 1 2.150 STOREY. shall mean the portion of the building, other than the basement which or cellar, Idea between the surface of the floor and the surface of the next floor above it, or if thereis no floor above it, then the space between such1 floor and the catling or roof new above it. I j 71 2.151 STOREY. FIRST, shall mean the lowest storey of a building, excluding the 1 bement or collar. L 1 1 2.152 STOREY. HALF, shag mean the portion of a building located wholly or L 1 partly within a sloping roof, having side wails not less than one (1 .0) metre in height and the ceiling with a minimum height of two (2.0) metres over an area equal to a least fifty (50) percent of the area of the floor nm¢ below. 1 i 1., i I r I FI I 1 28 2.153 STREET or ROAD, shall mean a public highway as defined by the r Municipal Act I 2.154 finglajlashad shad mean trio limit of the street allowance and is the � I dividing line between a lot and a street r I_ 1 2.155 MOSE Thal mean any rtaterial, oblect, or work erected as a unit r I or constructed or put together of connected or dependent pare or dsmsi* *lather Woad under, on, or above the surface of the ground. I but do.. not includs a sign, fence, or boundary wail. r 2.156 SII mean an establishment operating under the liquor r I Ln Act. R.S.O, 1980, as amended from time to time, where alcoholic brsragss aresold to consumed med on the premises. I r 2.157 EXIMMICAZ refer to the definton of Boarding House. r I 2.158 IneaffilaBiaga shall mean any vehicle inducting a camping traiNr, soI constructed thatsuitablet it is suitable for being attached to a motor vrhicle for f 1 ptrpe of beteg drawn or propelled by the m000r vehicle, but notus kickiding any vehicle unless it is used or intended for the living, sleeping, i I or sating accommodation of persons therein for seasonal recreational [ 1 acegy. r I 2159 mucasaina shad mean a portable structurs, designed to be loaded one, or affixed to, the bed or chassis of a lnrck, constructed to Pie � livingY quartersrecreation,forrecreation, on, camping or travel use. r r - I 2.160 UK 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. r I 1 2,161 shall mean a privately owned and r I operated system whereby water is piped to more than one dwelling unit, or to more than one commercial use, or to more than one institutional use, or combination thereof, situated on separate lots. f � 29 2.162 WAlER SUPPLY SVSTEP1I. PUBLIC. shall mean a publicly owned and operated system whereby water is piped to more than one dwelling unit, Jor 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. 1 2183 WATER Wa. HIQH YIB,D, shall mean a hole and any structure I appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, with a yield of 3.8 litres of water per second or greater. I � 2.164 WELL shall mean a hole and any structure appurtenant thereto, drilled into a geological formation of Cambrian or more recent age, that is drilled for the production of fresh water. I � 2185 WC1NG YARD, shall mean an establishment with a commercial wrecking licence where goods, wares, merchandise, wbstancee, or artkJes are stored wFfaYy or partly in the open and includes a junk, scrap metal or salvage yard and an automobile wreaking yard. I + 2.166 YARD, shall mean a space, appurtenant to a building or structure, located on the same lot as the main building or structure, and which space is open, uncovered and unoccupied from the ground to the sky xcspt for such buildings, strucuuea, or uses as are specifically Provided . for elsewhere in this By-18w. L YARD. FRQW , shall mean a yard tending across the full width of the lot between the front lot line of the lot and the nearest main wall of any main building or structure on the lot 'FRONT YARD OEP'TIf means the least horizontal dimension between the front lot Iln of the lot and the nearest main wall of any main building or structure on the lot 2.168 YARD. RFS, shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest main wall of any main �-•■ budding or structure on the lot. "REAR YARD D 'TFf means the least horizontal dimension between the rear lot line of the lot and the nearest main wall of any main building or structure on the lot II 30 � 1 2.169 VsaQjlig. shall mean a yard extending from the front yard to the rear I yard and from the side lot line of the lot to the nearest main wall of any buidkig or structure an the I . 'SIDE YARD WVTW means the let I hortaxesi dIrriisw btins a the bsn a,. sle the doe and nearest mein wail d any mein building a structure on the lot I_ 2.170 shall mew a side yard knmedlately adloinin9 a � I public street I 2.171 sh rt,.a, a side yard other than an exterior aids yard. r I • 2.172 aka shy mean an area delineated on a Zng M and identfied by r I a mrn symbol within whidi a specific use or gaup d uses are perrnitted by this By4aw. r' I I r I 1 IT I fI • rI : r ., 4 t4 31 t _ j SECTION 3 - ZONES AND ZONING MAP 3.1 F�TA&JSk�JT OF ZONES For the purposes of this By-law, the maps hereto aCached as SdeduJe 1 'A', shall be referred to as the *Zoning Mar for the V1Us of Vienna and the zoning map shall be divided into one or more of the following zones: ZONE saws Ridental Frst Density Zone t Rt Rbidenoal Second Density Zone 2 R2 Central Commercial C1 Local Commercial C2 hidustial M lnsidonal Pailcs and Open Space OS Floodway FW Flood Fringe FF FubseO.ielopmwt PO � use OF ZONE SYMBOLS The symbols listed in section 3.1 shall be used to refer to land, buildings, and structures and the uses thereof permifted by this By-law in the said mnM, and wherever in this By-law the word ZonV Is used, Preceded by any of the said symbob, such zones shay mean any area within the Viegs d Vienna delineated on the zoning map and designated thereon by the said symbol. 3.3 j No person shall within any zone use any land or erect, build, construct reeaatruct 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 2 3.4 DgEtgaffig&I Al zones may be subdivided into one or more ddned areas within which l grssr or lesser restrictions shall apply. These defined areas shall be designated by reference to the symbol of the zone within whirls each such dVc.sd area is located together with a number so as to ffersntiate dIIrsnt defined are within a zone from each other and from other aNs *dirt the zone. 3.S EXC9'T1S FOR DINED AREAS 1 WI 'iin any zone there may apply exceptions with respect to a defined area and, in addition to such eoceptlotm, all provisions of this By-law k'icludlng the genial use regulations and the special use regulations applicable to the zone within which the deflnd area is located shall apply LD the defined areas; provided that, unless a contrary intention appears from the mcaptloru, the following shall appy: a) if the exceptions ewWbtt regulations different from the general provisions of this By4aw, inudIng the general use regulations and special use regulations apptlpbh to the zone within which the defined area is lod, the exceptions shad supersede and 1 preyed over such corresponding regulations of this Bir-law. b) if the exceptions establish one (1 ) or more specifically permitted uses of the defined area, such perTnid use or uses shall be the only sposs or purpcees for which land, buildings or structures �f wiWn the defined area may be used: and c) it the =options specifically permit one (1 ) or more uses in 11 adcltlon to thou otherwise permitted in the zone within which the disd area is IocaDed.anY and all of the other exceptions applicable to ths dlkisd area shall also apply to the atlditlonal �[ permitted use or uses and not only to the was not otherwise permitted in the tone. Jr 3.6 M'LAJWIgxwec Whers a lot is subdivided into more than one zone, the regulations applc . to these zones shall apply to the respective areas so Honed, and the zone lines shall be deemed to be iot lines for the purposes of this By-law. I � i L 3 3 ly_ r- 3.7 INTERPRETATION QF ZONE BOVNDARIES Where any uncertainty exits as to the location of the boundary of any of itthe said zones as shown on the zoning maps, the following shall apply: a) unless otherwise shown, the boundary of the zones as shown on the zoning maps are the centre lines of the road allowance or lot lines and the projection thereof; b) where a zone boundary is indicated as approximately following lot lines, such lot lines shall be deemed to be the said zone boundary; C) where a zone boundary is indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundary shall be construed as being parallel to such road and the distance therefrom shall be determined by the use of the scale shown on the zoning maps; d) unless otherwise indicated, a road, railway right-of-way, or • watercourse inducted on the zoning maps is included within the zone of the adjoining lands on either side thereof; and where such road, right-of-way, or watercourse serves as a boundary between two or more different zones, a line midway in such road, right-of- wary, or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones unless specifically indicated otherwise; e) in the event a road or railway right-of-way shown on the zoning maps is dosed, the land formerty in said road or right-of-way shall be included within the zone of the adjoining land on either side of the said dosed road or right-of-way, ad the zone boundary shall be the former centre line of the said dosed road or right-of-way; f) where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the zoning maps in the office of the �� ` MunicpaUty. 34 SEC11O11 4 - GENERAL PRQVISIONS 1 4. 1 himucKnoti 1 The provisions of this section apply in all zones except as may be indicated tfl erwise by this By-larv. 4.2 AOR'( USES Accessary uses, buildings or structures, are permitted in any yard, in any none, subject to the provisions of this By-law for the particular zone in which said building or uses located, and provided that no accessory 1 building or use shall: a) be used for human habitation, except where a dwelling unit is a p.rmed accessory use; b) be built closer to the front lot tine or side tot line than the minimum distaice required by this By4aw for the main building on the lob jc) where the accessory building is built on a corner let, be budt no closer to the front or side lot linea than the minimum distance required in this By-law for the main building on the lot, d) with the exception of buildings and structures for farm uses be erected in the front yard or the exterior side yard, in the case of a comer tot e) with the exception of buildings or structures for farm uses be built closer to the street or road than the main building is to the street or road; J t) be buitt closer than one (1 .0) mere to any lot line except 't ) that common semi-detached private garages or carports .� may be centred in the mutual lot line; 1 g) exceed ten (10) percent coverage ths total tot area except silos 35 h) with the exception of buildings and structures for farm uses exceed more than 6.0 metres in height or contain two storeys unless otherwise noted or regulated in this By-law; I) be buitt within two (2.0) metres of the main building; D be considered as an accessory buikfing if attached to the main f building in any way; k) be considered an accessory building if od completely I' underground 4.3 NotwIthstanding any other provisions of this By-law, where a commercial [ use is permitted as an cessory use in an irk zone it shall be erected within two (2.0) metres of the main building, shall not exceed ten (10) psrcsntatth total floor area or u,e main bii 'ig, or sIvr not r famed a maximum floor area of two hundred and eighty (290. square metres whichever is lass. Where no budding ecib, such commercial acallofy use shall not exceed one hundred (100.0) square metres of floor ara 4.4 RESIDernAL ACCgaaarLUSES a at Notwithstanding any other provisions of this By.4sw, where a dwelling unit is permitted as an accessory use in an Ei mne. R shag W erected within the main building, shall have a minimum floor area of forty- five 1 (45.0) square metres, and mall be disd, used, or intended to be used for the exclusive use at a caretaker or security guard. 1.42 Notwithstanding any other provision of this By-4aw, where a dwelling unit is permitted as an acx.eaeay use in a commercial zone, it shall be contiguous to the main commercial use, have a minimum floor area at forty-five (45.0) square metres, be above or in the rear of the main I[ commercial use, and be used as the residence of the owner or operator, or an employee of the owner or operator, of the main commercial use. ir 1 1 J 1 36 1 i 1 4.5 HOME OCCUPATIONS I 1 Where a home occupation is permitted in a particular zone, the following 1 J provisions shall apply: I I 1 i a) the floor area taken up by the hom occupation shall be no more I 1 than 28 square metres (300 square feet) in total; 1 i b) there is no external storage of materials, containers or finished I 1 products; c) there is no mechanical equipment which gives rise to noise.fumea, Idim, or odour which escape to any adjoining premises; d) the home occupation shall not involve the use of the premises as Iabase of operation for persons who are employed by or 1 associated with the home occupatian,nar shall the promises be 1 i used to assemble or rally such persons for ansportaton to a Ll work site; i - to Uwe shad G no visible indication that harts occupation is being I _� canted on within the dwelling unit except that one sign no larger than 0.5 square metres attached to the dwelling unit shall be 1 permitted to show the name and callings of the residents concerned; L� no retail LAO of a» dwelling ural shall be permitted as a home occupation, except retail sales of a finished article as provided in subsection I) ; I J. g) no institutional use of the dwelling unit shall be permitted as a home occupation;I . J h) no food preparation or service shall be �roviced in connection with the home occupation; 71 i) no manufacturing or assembly shall be carried on or in connection with the homo occupation except for the fabrication of handmade I, ii articles of doting, arts or crake: Lit Li 37 i) no lodging shall be provided in connection with a home occupation, however, this subsection does not preclude or prohibit the establishment or operation of a boarding house, rooming house or tourist home as defined by this 8y-18w and wiiere permitted by this By-law; k) no lands. premises, deisd garages or accessory buildings associated with the dwsllng unit shai be used in connection with the home occupation; I) one off-sVeet paring space shall be provided for ever}, 1a5 r square metres (200 square feet) of floor area, or a portion thereof, devoted to the home occupation; 1 m) and, for greater clarity, such uses include the offices or consulting room for a professional such as a physian, dentst chiropractor, lawyer, engineer, accountant, teacher, musical instructor where a single pupil is iructed at a time, the office for a trade such as a Pte. carpenter, Pew or electrician and the workroom fora r dressmaker, milliner, or hairdresser � and a day nursery Umited to five (5) charges, but does not include or permit a clinic, any shop, Lia roorR tourist homy, convalescent hoot. mortuary, ftierai parlour, dancing stl1od, rooming house, bonding house, hsig or any similar use or other commercial use or E " on1 use or a workshop, storage yard, parking area or r ‘ 1 plantthe trades.for any at adea. I 4.8 Where an gricuttural hams occupation is pwT*ttsd in a partioular zone, the following pmvons shad apply: a) storage of materials, containers or finished product in the front or sid yards shall not be psrmd; b) any building or structure, occluding that for residential use, used for an agricultural horns oeaupatlan shall not exceed seventy (70.0) square m.aes of grana floor an.: c) agrbltiis1 home axvpstlors atoll include only a carpentry shop, a wood working shop, a weeding shop, and horns salt operations such as pottery or a weaving operation. �� l 38 4.7 PUBLIC USES The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Carporaon of the Village of Vienna, or by any local Board I thereof as defined by the MunkpaI Act. as amended and revised from time to time, any telephone, telegraph or gas company, any department of the Governments of Ontario or Canada, inducting Ontario Hydro, or any other public authority provided that a) the lot coverage, setback and yard requirements prescribed for I the zone in which such land, building or structure is boated are complied with except in the case of buildings and structures erected prior to the date of the passing of the By4aw in which case the requirements do not apply; b) no goods, material, or equipment shall be stored in the open in a Iresidential zone or in a lot adjacent to a residential zone; c) any building residential erected in aresidentialal zone under the authority of I this paragraph shall be designed and maintained in general hwnony with residential buildings of the typo perrnftted in the zone; d) any parking and loading regulations for these uses are complied with. a e) iotwithstandMg, the generality of the foregoing, electric power f1tIes shall not be required to comply with the setback or yard requirements of this By-law. 7 4.8 EBOSECLIZEZ The following uses shall be prohibited in any zone unless otherwise provided for. 4.8.1 The use at any land or the erection and use of any building or structure far the purposes of wrecking yards, salvage Yards, dumps, the collection of raps. X+114 any rofues.scrap iron, or other scrap metals. 7 if 3 9 if 4.82 No land shall be used, and no buildings or structures shall be erected, used, or altered in any zone for the industrial manufacture of coal oil, if rock air fui oi, burning fluid gas, naphtha, berne, gasolki., dynamite, dueler's, nitroglycerine, gun powder, potroieuni and pn Iqd rinOrir which is likely to create danger to health, or danger from fire or if �q�o�On• 4.8.3 Any use is prohibited which by its nature or by the materials used therein I� is dsdard under the Public Health Act. as amended and revised from tine to time, or any regulations adopted thereunr to be a nodous or offensive trade, business or manufacture. 4.8.4 NO laid, buildingpurposesnG or structure shall be used for the of the It growing of mushrooms in the municipality. f 4.8.5 Nolsid, bsAdingorstructur. shallb. us.dforthspurposesofapitor gamy 4.8.8 It tah be proted to lote and use a moles horns in any is for the Ixrposse of fMiderltlal, business, induial or institutional uMs, tanporarly or psrms'is, y, unless the we of a mobile hang for such r purposes is listed specifically In s By-law as a permitted use within a � pti use zone. I 4.8.7 fri Ind. bLidin , aen+auns, uses in any zone unless specifically Ud timaximemtalismas a penuilsd use in that zone. 1.9 The provisions of this E3y4aw shall not apply: a) to prevent the use of any tend, budding or structure for any çxrposs prohibited by this By4.w if such Ind. budding or structure vim lawfully used for such purpose on the effective date so long as it continuos to be used for that purpose; or 1 r. l 4 0 b) to prevent the erection or use for a purpose prohibited by the By- law of any building or structure for which a permit has been I issued under Section 5 of the Budding Code Act, R.S.O., 1980, as amended, prior to the day of the passing of the By-law, so long as the building ar strtxture when erected is used and continues to be used for the purpose for whicf, it was erected and provided the permit has not been revoked under Son 8 of the Building Code Act, R.S.O., 1980, as amended. 4.10 tigtEMAIMINCLUSES 1 Where a building or structure has been erected prior to she e(fecbve date on a lot having less than the minimum frontage and/or area, or having less than the minimum setback and/or side yard and/or rear yard required by this By-law, the said building may be enlvged, reconstructed, repaired or renovated provided that a) the atceratlorn, enlargement, reconstruction, repair or renovation does not further reduce a front yard and/or side yard and/or rear yard and/or setback having less than the minimum required by this By-4aw, and 111 b) all other applicable provsons of Ude By-law are compiled with. 4.11 largBISMAIM � NotwUtinding any other provisions of this By-law, uess sucri as a � camp or other such temporary work camp, a tool shed, mobile home, scaffold, sign or other building incidental to construction are pemiftted in any zone provided that: a) such uses or buildings are used only as long as same are necessary for work in progress which has neither been finished nor abandoned, or a period of one year whichever is less, and: b) such uses or buddings are removed when the work for which they were pemed is terminated. ft 41 4.12 EXIST1NG LOTS 111 Notwithstanding any other provisions of this By-law, existing lots with tess than the required lot area or lot frontage may be developed for the use (r specified in the appropriate norms providsd all other regulations of the By- Itw are satisfied and: a) sewage disposal fIls meet the approval of the Ontario Ministry of the Environment and the local medical officer of health; b) all other requirements of this By-law are satisfied. tr. 4.13 kffinernaiSEEM 4.13.1 BLidings and am,couns for uses psrmthed by this Br-law are permitted If an only to the extent psrmled by the regulations made under the Conssrvsdon Authorities Act. R.S.O.. t980. as amended from time to time. 4.13.2 Where in this By-law a front, side or rear yard is requirod, and part of the area of the let is covered by weal of marsh for mon than two months in the year, or is beyond the rim of a river bank or wanrcouras, or between 1 the top and to. of a cliff or embankment h Ing a slope of thirty (30) degrees or more from the horizontal, then the required yard shad be measured from the nearest main wail of the main biáig on the lot to the nearest edge of said area covered by water or tnafah, or to the rim atofaidrtvsrbankorw.tsrcars., ortothstopofthsscllffor rriberyatfent. 4.13.3 My application for a buddk'g permit on a let in any zone within the MLriópality may be referred by the Building Inspector to the Mnistry of Natural Resources or the Long Point Region Conservation Authority for analysis of the severity and location of hazardous natural conditions briars issuance of the said permit l 4.14 OCCLPAN(.Y OF PAHi1AllY COI�i+LEi9] 9l1.ON(3S Frb l� 42 j4.14. 1 No new building shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been II completed, and sanitary conveniences installed and, where applicable,kitien and heating facilities have been installed and are in a satisfactory working order. 1 4.14.2 A certificate of oxupancy may be issued prior to the external siding bng erected subject to the work being completed within twelve (12) Imonths of the date the certificate was issued. I � 4.15 'TRUCK BL .S AND COACH BODIES OR TRAVEL TRAILERS. 'TRUCK CAMPERS, MOTOR HOMES OH TENTS USED FOR HUMAN I OCCUPANCY I 1 i I i 4.15.1 No tuck, bus, coach or street car body shall be used for human occupancy within the Mtuticpaltty whether or not the same is mounted on heels. 1 I vr j 4.15.2 No trailer,travel truck camper, motor home, or tent shall be used for the I living, accommodation sleeping or eatlnflaccommodation of persona within the 1 MunicipalityMunicipality for, more thai thirty (30) consecutive days unless such travel truckcamper, or motor home is located in a campground licensedI by the Municipatity. I �1 4.161 i MOVING OF BUILDINGS In ad zones, no building shall be moved within the limits of the Munidpllty or shad be moved from outside the Municipality into the 1 I 1 1 4.16 without a permit from the Budding Inspector. 1 1 1 4.17 MAJN /ACCESS JJI1ITAT2 L J The main access to a dlUngs unit shall not be by means of an outside staircase having more than ten (10) risers or a height of one and one half (1 .5) metres unless to satisfy a condition of fioodprocflng requirements as imposed by the Long Point Region Conservation ,.___ 1 Authority. r 43 F 4.18 3'i�I' FRONTAGE OF BUILDWG L075 Ept as hereinafter provided in this By-law, no person shall erect a bolding or structure and no paean shay uN any kind, building, or structure, unless the lot or poral to be so used or upon which the bilding is gGaoed, erected or proposed to be erected abuts or fronts t , on a public street or pubtic road. 4.19 SOKAE.STf�CT1�N dd CORNER � F Notwithstanding any other provisions of the By-law. and except in a cortvneroal ns, on a comer lot within the triangular apace inducted bmwe.n the street ansa for a distance of nine (9.0) metres from their point of intsrsei no shrubs or foliage shall be planted or maintained r which obstruct the view of a driver or a vehicle approaching the intersection and, no building or structure shall be erected, or driveway still be located. 4.2A Notwithstanding anY other provisions of this By.law, no prIvs gar on any coma lot dull be located closer than sac (&0) metres to the street i+.. and no portion of any driveway shall be wand closer than (9.0) metres to the intersecdon of the two west lines or their proecttons. 4.21 MINIMUM SETBACKS FROM ARTEMAL STREE'TS r OR ARTERIAL ROADS Notwithstanding any other Provision of this By-law. where a building or t structure is erected adacsnt to a tang's Highway, or a County Road, and in she absence of an established building line as determined by the (' Ontario Ministry of Transportadon and Communtions, the County of � Hain or the village of Vienna, as the case may be minimum setbacks from such arterial streets or arterial roads Thal be as folI : I- t King's Highway 14.5 metres from the edge of the right- of-way F County Road 25.0 metres from the centre line l 44 422 ESTABLISHED BUILDING LINE QN STREETS OR ROADS Notwithstanding any other subsequent provisions of this By-law, where a single-unit detached dwelling or accessory use thereto is to be erected within a built-up area where there is an established building line, such dwelling or accessory use may be erected dower to the street tine or to the centre line of the street or road, as the cage may he, than required by this Bylaw provided such dwelling or accessory use is not erected loser to the street line or to the centre line of the street or road, as the case may be, than the established building line on the date of passing of this By-law. 4.23 LE OE YARDS ON LANDS WiTHOUT BUILDINGS Where land is used for or in connection with residual, commercial, industrial, or instjonal ups but without any buildings or structures I thereon, all yards required by this BY-law on a lot in the respective use zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gs'd.ning or open space Purposes not prohibited by this Bylaw in such use zone. ] 424 YID AND OPENSPACE PROVISIONS FOR ALL ZONES No part of a yard or other open space required about any building for 7» purpose of complying with the provisions of this By-law shall be inducted as pert of a yard or other open space similarly required for another building. 425 P�ih�T1� BrCAOACtiMB�fTS IN YARDS Unless otherwise specified in this By-law, every part of any yard required by this By-law shall be open and unobstructed by any ire from the ground to the sky, Provided. however, that those structures fisted below shall be permitted to project into the yards indicated for the cistance 1 specified: 45 t % iiiii: MAXIMUM ii PROJECTION MEM= Pu IA' I i YARD FAIN MAiN WALL window sps, cornices, saves, gutters, s, or piasters NW Yard 0.5mss I fire escapes & exterior � yard 1 .5 metres staircases bay windows & awnings frontrear & 1 .0 metres exterior aids Il yard onty open, roofed porches front & rear 2.2 metres 11 not eammodhq one storey yards only including in PIght uncovered for l dwséUngs yaws, (f terraces except apartment cornices & dWngs; any canopies yard for apartrnent dDngs ! a cantilevered wad front & rsar 0.7mstres I I Yards 1 i Erclomsss to illy porch Of terrace permitted in Seon 4.25 of this By- law shad be lkiiltsd to one (1 .0) metre in hsi 'tt exduelyi at roof supports but this shall not probit the enclosure of a porch or terrace by (among (r or screening or any other form of enclosure provided at least fifty (50) percent at the surface area of the said enaoaas is open and 4unobstructeair.ruca�d to the a . 426 ilialliMES 1 i . 4.26.1 A bu strip liii be located within an none for whin, it is req.Lred: it (Ell shll be pimr nurtured and maintained by the owner of the lot on which the txer strip is boated. and npisprtMrx at tress and ptan bef made by the owner, as necessary from *re to time. I � ( l r 46 ' ' 4.26.2 in all cases where access driveways extend through a buffer strip, it shall be permissible to interrupt the strip within three (3.0) metres of the edge of such driveway. 428.3 A buffer strip may form Part of any feQuired landscaped Win space, 1CtLIding the required front, side and rear yards. 4.26.4 Where a commercial zone or an industrial zone abuts a residential zone, an insttztional zone, or a park and open space zone, a strip of land not less than four and one-halt (4.5) metes in width adjacent to and inside the commercial or industrial zone boundary shall not be used for any other purpose than a buffer strip* 4.28.5 Where an instttlonal zone abut a reaiderttlal zone, a strip of land not less than three (3.0) metres in width adjacent to and inside the institutional zone boundary shall not be used for any other purpose than a buffer strip. 4.27 COMAL AND W4DUSTRL ZONES ABWflNG OR ADLACENT TO RESIDENTIAL, INSIThJ1IONAL AND PARIS AND OPEN SPACE ZONES Where any commercial zone or Industrial zone front on a street or road opposite to, or directly abuts any residerttlal zone, ins onal zone, or Parks and open space zone, the foliowing provisions shall to eornpYsd . with: a) no parking of vehicles with capacity over nine hundred (900) kion w � shall be permitted in any side yard adjacent to the neighbouring zone with 4.5 metres; b) no loading space shall be located in, nor open onto any side yard adjacent to the neighbourhood zone with 4.5 moves; —� C) a buffer strip shall be provided in accordance with the provisions of Section 4.28. 47 4 4.28 PARKING For every type of biá*ig Md blow Mec'ad, altered, or enlarged in any zone after the pip of this By-law, off-street parking shall be provided and maintained in a000rdanea with the following provisions: IYPE OF USE Owg unit in a Ingi. unit One (1 ) parking space dsd, NmindMadted duplex, per dwelling unit triplex or double duplex dwslng Omig unit in a townhotas, One and one-quarter row►wuse, apartment or a building (1 .25) parking space containing both commercial and per dwelling unit residential uses • • l Morkjme, n.tasa ,Cf, *Nye there are wed i aaemK++ilY orntes. private dubs sass, one (1 ) puldng and other p of assembly apse for every Ave (5) or, where ths'sa' notsd oasts, one (1 ) parking app for each Lm t (10.01 agars metres of floor area devoted to - us. hIs, senior citizens' homes, ono (1 ) parking space nursing homes, rest homes, and for each two beds we Eisons 48 t TYPE OF USS PARKING REQUIREMENT l churches one (1 ) parking space for seats or soc (8.0) metres of bench space hote's and motels ani (1 ) psldng space per rental orris taverns arM (1) parking space per tads boarding hours. morning has one (1 ) parking space or tourist home for every two (2) rental units 1 retail stores one (1 ) parking space for every fifty4lv. (55.x) square metres of retail floor area (ndustrtal uses am (1 ) parking space 7 for every thirty-seven (37.0) i square metres of manufacturing Boor area travel tailor Porto one (1 ) parking space per unit and ons (1 ) parking space for 7 every four (4) urnts for visitor � -9. 429 P 4.28.1 Na motor vehicle shell be parked or stored in any residential zone other than a peiv automobds, a motor home, travel trailer, or truck camper, or in the case of a commercial motor vehicle as provided for in Son 4292 of this By4aw. 7 • 49 4429.2 No commercial motor vehicle, having a capacity of greater than 1000 Igoe. shall be perked or stored in a residential zone. i 4.2G,3 All parking spaces in any residential zone shall be located in an attached or dhsd private garage, or in a driveway, or in a side or rear yard providsd that the lot coverage of the spaces shall not exceed llfteen (15) percent of the total lot arx [ 4.3C1 011VNAY IEGULA11ONS Wt A DRIVEWAY f aliggiABEWAMEMEABZUNKiligaii§e 430.1 The modrtwm width of a driveway, measured along the sidewalk, where such aodib, and along the street line shall be nine (9.0) metres. 4.30.2 The minimum dim ben a driveway and an inWson of street Iles nnYtrsd along the street lino itsrssd by such driveway mall b� nine (8.0) metres. 430.3 The. minimum dice between an interior side lot line end any driveway, with the exception of a muad or carunon driveway. shag be one (1 .0) r • MOW The lrsrlor angle formed between the street AM and th centre line of L any driveway shall not be less tftan forty'fIve (48) degrees. 4.31 WAYMEMr Wayside Pits shag! be permitted in ad zone categories =opt zones witch are eimabished to recognize misting development or areas of pertiar environmentally sensitive upon wttich wayside Pits may be prohthsd. r , • is) . • 1117 . r . 50 4.32 412 • PMS • K •_. y��. � `. 11 ?- SectIon 45 of the Environmental Protection Act prohibits the use of a waste site for any type of development for a period of 25 years from I aoeure. Notwithstanding any other provisions of this By4aw dosed waste sjtes shad be prohibited from development at buildings and structures until such time as deemed permbl. by the Ontario Ministry of En*onment 1 1 1 51 SECTION 5 RES1DEN11AL- F1RST DNS1TY 1811 ZONE REGULATIONS 5. 1 MAMMA= No land shall be used and no buildings or structures shall be erected, used, or altered in the AesdentiaI First Density (RI ) Zone except for the following purposes: single unit detached dwe1llng; home occupations; accessory wea. 52 P6iMITTm BUILDINGS AND STAUCTLJFiES IOne single-unit detached dw. 1Ing on one lct Accessory buildings and structures for the perrnEed uses. j 5.3 MESSIMICLEABEIS Where municipal sanitary sewage dposaL facthbes and a piped ' municipal water supply or a communal water supply are assa available 1 .380.0 square metres. 71 Where municipal sanitary sewer disposal fUdes are not available but a piped municipal water supply or a communal water supply is available 800.0 square metres. 1 5.4 MINIMUM LOT FROt'{I'A( E Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are ngt available 30.0 metres. 1 . • Where onty a piped municipal or communal water supply is available 14'4)- 20.0 metres. r 1 I I 52 it 5.5 MINIMUM LOT DEPTH I [ Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are ma available 46.0 metres. 1 Where only a pipe municipal or commits' water supply is available 10.0 MOMS. I 5.e i I 30 percent. if 5.7 11 80.0 square metres. 5.8 7.0 metres. I 5.9 failtaitairmnaa a) Where a gars or carport tsd, the minimum width shall be 1 .5 metres Plus 0.5 metres for each additional or Partial storey above the firs storey on each side of the cartlbYnd bulking. b) Where no garage or carport is fwd. the minimum width shad be 1 .5 metres pka 0.5 metres for each additional or Partial storey above the firm storey on one side of the main building and a minimum of 3 metres on the other side of the main building. c) OnacomenIotthesideysrdabiigapublic 'estshallb. a minimum of 3.5 metres and the side yard on the other side of the 111 1 ) main building shay be a minimum of 1 .5 metres. 5.1 0 111NIMUNI REA/I YARD 7.Om . it 1 53 I 5. 11 IEGULA11ONS FOR ACCE$$pFiY B ULD I NGS Notwithstanding the provisions of Seion 4.2, the following shall apply: a) Except as provided in paragraph b) of this clause, no accessory Ibuilding shall be located within 1 .5 metres of a gide or roar lot Une. b) Notwithstanding the provisions of paragraph a) , no accessory building shall be located within 6.0 metres of a public street. c) Maximum Height 3.5 metres. d) Maximum Floor ,4r.. - 18.5 square metres. 5. 12 1?. FzJI.e.k.• rat 1s. .1 5.12.1 I 5.12.1 2111011.9C211 R1 -1 as shown on Schedule 'A' to this By-law. 5.12.1 .2 hinialieLLAA@9 I2.3 hectares. 3.121 .3 aglainiath22022 Notwithstanding any other provisions of this By4aw, as now or hereter amended, a 3.0 metre minimum lot frontage on a private road providing vehicular access to Highway No. 19 is required. 1r 54 5.12.1 .4 MinimurnstQ 1 • 7.0 metres from the required lot frontage in accordance with Subsection 3.121 .3 of this By-law. sr 5.12.1 .5 MOIMIMOSICKANI 100.0 square metres. 5.12.1 .6 Notwithstanding any other provision of this By-law, any building or • structure erected adjacent to the Special Parks & Open Space (os-1 ) Zane shall be setback a minimum distance of 15.0 metres from the 880 foot contour elevation (CatIan Geodetic Datum) (Top-ctBank) of the Big Otter Creek and 15.0 metras from the 880 foot contour elevation (Canadian Geodetic Dim) (Top-of-Bank) of the guHy forming the east= boundary of the Special Ridsntii-Rrst Density (R1 -1 ) Zone. 5121 .7 tigningOLAIII a) bsusedforhumanhabion; b) be erected in the front yard of the lot .0) bsbuiltcioeertothestreetorroadthanthemalnbuddlngistothe street or road; ci) be built dow than two (2.0) metres to any lot line; e) exceed eighteen and one-halt (1 &5) square metres of door area or have a height exceeding three and onswhalf (3.5) metres; }) be built within two (2.0) metres of the main buildings g) be considered as an accessory building if attactted to the main building in any way; h) be considered an accessory building if toted completely underground. I • ss j 5.12.1 .8 BuffStrir A buffer snip as defined in SectIon 215 of this By-law shall be required j as follow: adjacent to the property boundary between the R1 -1 Zone and Lot12and13ofR.P. 54ottheVll! ofVIennaR.P. : ii) adjacent to the property boundary between the Rt -1 Zone and Lot7ofR.P. 54 of the VIli . of Viennatoadistance of 25.0 metres from HIghway No. 19 right-of-way; OD adjacent LD the property boundary between the R1 -1 Zone and Lot8ofR.P. 54of the V1ageotV1.nnato a distance of 25.0 metres from Highway Na. 19 1ghtofway. - I �l �l . 1 .4 �I 1 I i, .. 2 ii tp , 0 1 ffil 1 ktk 5 i . ....: W k ; h 1 m g 1 . 1. L 1g no I 1 g 1 to v W .0 i o � � 0 5 cc • • [I; 13 Z . . 15) 1 1 5 0 i g 1 i g it tia a h3 ffl .3 .G p. A • • (9,4 . .. 1 I g g i i :6 ao, -g l' itt 1.6n o � n• la N C n rtf.. 1: t L 2 p t y 111 5 7 116 6.3 MINIMUM LOT ARF r Where municipal sanitary sewage disposal facilities and a piped municipal wsupply or a communal water supply are figt available: Ir semFdsrached and duplex dwellings 1610.0 square mitres �r all others - 1840.0 agars metres. Where municipal sanitary sewer disposal facilities are not available but a ST piped municipal water supply or a communal water supply is available: serni-detached and duplex dv4feilings • IT 1000.0 square metres all others - 1M0.0 square metres. 6.4 LOT FRONGE Where a municipal sanitary sewer and a piped municipal water supply or communal water supply service are asa available: wed and duplex dwellings - 35.0 metres; ail others 40.0 metres. Whir. only a piped municipal or communal water supply is available: I� semi-detached and duplex dwellings 25.0 metres; if all others - 30.0 metres. If 8.5DEPTHM nor Where a municipal sanitary sewer and a piped municipal water supply or if cartVnund water supply service are rte[ available r 18.0 metres. Where only a Pipe mural or communal waxer amply is aveYlbN - if 40.0 metres. Ian 58 6.6 MAXIMUM BUILDING CCVWAQE semi-detadied, duplex, triplex. double duplex dwelling units . 40 percent rovvhousing, townhousing units - 30 percent; apartment buildings, boarding, rooming or senior citizen homes - 40 percent. 6.7 MINIMUM FLQOR ABges semi-detached, duplex, triplex, double duplex dwelling unit 80.0 7 square metres; J apartment building units 50.0 square metres; boarding, rooming or senior cien dwelling units 40.0 square metres. 8.8 ANNUM FRONT YARD 7.0 metres. a) Where a garage or carport is apached, the minimum width still be 1 .5 metres plua 0.5 mores for each additional or psi storey above the first storey on each side of the combined building. b) Where no garage or carport is attached, the minimum width shall be 1 .5 metres plus 0.5 metres for each additional or partial storey above the first storey on one side of the main building and a minimum of 3 metres on the other side of the main building. Ic) On a corner tat, the side yard abutting a public street shall be a minimum of 3.5 metres and the side yard on the other side of the main building shall be a minimum of 1 .5 metres. _ _ I Wit. 1=0 NNW howl r am ` hemr inst tam hum heir • . 1 li LA ab 1 L.- 1 a b a ; I 41 I ?). e4 ...... li 1 1 1 1 - *a:: tI3 t fr; M11 0 1 _ 4 I IS i AI t il 11 1 1 at eh: 2 ,F, v.: tri /4 . , rl 1 .g 1 g I vs, 1 , 1 14 i 1 i B .8 i, 1 7. : g 11 I 1 L,-. 1 ; it. 40 : - 1 .1 I I I a 1 -41. . 1 I m _ . 1 ' I 0 /1: . . ,I � • - a li � SI' 1 IL 0 N II . ‘ t7J ;3 Crti li I ! j 60 j SECTION 7 - CENTRAL COMMtEMCIAIJCI) ZONE HECiUlAT10NS 7.1 No land shall be used and no buildings or area shay be erected. used, or altered in the Cenal Commercial (Cl) Zone except for thre following purposes: animal clinics; auctioneer's premises; automobile service stolon or public parapet banks and other finandel isis; barber shops and beauty pariours; bus station; bakeries; 7 convenience plaza, J farm equipment sales and service armlets: funeral homes: hotels, models, taverns; laundry and dry-deaning establishments; offices (commercial and Professional): ] public and private hospitals and nursing homes: recreation and entertainment establishments; restaurants or snack bars; 111 retail stores or service shops not engaged in manufacturing on the premises: ----1 r t, U : . . _ -1.- ,. 61 11-4, . . tourist homes connected to and forming an integral part of the commercial building and located over the first storey commercial use; 1.1 1 1 1 residential uses as an accessory use connected to and forming an integral part of the commercial building and located ow the first soorsf/ commercial use, to a maximum of two storeys above the permitted commercial use except that residential uses will not be permitted within a building that contains a public garage or an aueomobBe service station; bLi1g5 accessory to the fcxgoEig uses. sr .t, lit - 1 72 1 1' Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 1 ' 1 7.3 II 'I Where municipal sanitary Sswags dopes ftUtlss and a Apeda. I I 1 municipal water supply or a communal water supply an tun available .• 1OO squam mases. Where municipal sanitary sewage disposal facilities are not available but I 1 I a piped municipal b water supply or a communal water supplyi 1 avatlabts • 800.0 square metres. i I II 7.4 MIPJM LOT FRONTAGE a) Where a municipal sanitary sewage disposal facilities and piped I I municipal water supply or a communal water supply are raj i I available - 24.0 metres. 1 b) Where only a piped municipal or communal water supply is g I available - 20.0 metres. J 1 62 i 7.5 MINIMUM LOT DEPTH a) where a municipal sanitary sewage disposal facilities and a piped 1 municipal water supply or a communal water supply X 345 .I available 57.5 metres. 7 b) Where only a pipe municipal or communal water supply is .I available 40.0 metres. 7.6 MAXIMUM BUILDING COVB9Qg j60 percent 7.7 MINIMUM BUILDING H9GHT 12.0 metres. 7.8 MINIMUM FAONT YAM a) 3.0 metres along the south side of Front Street between Main Street and King Street b) no front yard is required along the north side of Front Street between Main Street and King Street c) 8.0 metres for all other cases. 7.9 MINIMUM SIDE YARD Where a yard abuts a Residential, 1nstonai, or Parks and Open Space Zone 4.5 metres, otherwise no side yard shah be required. 7. 1 0 MINIMUMLAR YARD 8.0 metres. rro",",•,:$( . -. ""-:.••2•••vtw•,3-..,•::.•.:t••••--_$.0.-;*.rer-t-,:l.Vm.eritteremelot,„"ThregiEe,!Wete.. , - -., ... . -,, _ -.,..:•.,_- . • bc::` . 1, • 1 r: lh E 63 I., ti 7.11 REGULATIONS FOR ACCESSORY IESIDBITIAL USES ....,^1A E15111111TIED IN SECTION 7.1 ....,wi 1 a) .aiIiinLftzssPerDwsIngLk* 4 , .0 a to t icy 7 Sson7.3. 4 ;.... t.. ._ . .......:,01 b) floor Area. 4.4442.1 • ,.:,....., irre.gEseffentits Bachior Unit 45.0 square metres Ou -b.droom Unit 55.0 square metres 1 ` Ave or more bedrooms 70.0 square I . I I • . r1 ... C l r , .. . ._. _ „.. . L .:,...... ''• • • �- -. - S. 4.: ' 351 ' 'jib . • . � , •• • ::::. p • .` y nr ':`f 4, • - - 3 t{, .. '!.` a r'4� 1, r•• •: .. r. .y: a y. •�av ,: ' �� ' ._+ r'� a. _r' i. L ti • f t •1r --/ � - F ` _1 l f� _ �+ .r•-. • i. c '4' 9t".. ..�. _ _ h P r s' � t�,� a c r _ - _ J:- _ - � :.-t:� moi` - _.rte_. �� _ f• _ • - _ '`r ----.•__-- v -y.• .••:�v,.. - :`. x .�r - .-�•_ -y`> - —� tom..-_ �...:�- _ `,,,�� '�Fs .�ti!' • v - - -- - - _ _.: - - ` ----- ---- --. _-- --- ' - - -- - _- = --- -' _ -... ---'------`'--'--i- ---- -- ---� -- -- ---------j-----j`--------- -. .c_— _ sa- � � 'c—ate j 64 SECTION 8 - LOCAL COMMERCiAL (CZ ZONE REGULATION1 8.1 USES j used, or altered in the Local CommercaI (CM Zone except for the JfollovAng pspes auctioneer's premises; automobile service station or public garage; .41 convenience plaza; 7 insurance and real estate office; .1 medical office or clinic, r retail store; I =vice shop; one dwelling unit as an accessory use connected to and forming an integral Part of the commercial building and provided with a separate access, except that residential uses will not be permitted within a building area contains an automobile service station or public garage. 82 shopping centres. 8.3 PffIMfTT� BUILDINGS AND SiAUCT1JRE5 Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. few- • 1 65 8.4 MINIMVM .LQT AFiFA Where municipal sanitary sewage disposal facilides and a piped municipal water supply or a communal weer supply are r,� available 1380.0 square metres. Where municipal sanitary sewage deposal facilites are not available but a piped municipal water supply or a communal water supply is available - 800.0 square metres. 8.5 WIMUM nor FJRO)1TAGg Where a municipal sanitary sewage disposal facthtles and piped municipal water supply or a communal water supply are ma available 30.0 metres. Where municipal sanitary sewage disposal facilities are not available but 11 a piped municipal water supply or a communal water supply is available - 20.0 mews. {r 8.8 �r Where a municipal sanitary sewage disposal facilities and a piped municipal water supply or a communal water supply aro agt available - (r 48.0 metres. Where municipal sanitary a.w.oe disposi fffties are not available but .r piped municipal water supply or a communal water supply is available - 40.0 metres. 8.7 IMMILIMIEMAIG_MaBeag 40 pord3nt 8.8 6.0 metres. if if II . d 66 8.9 MINIMUM FRONT YARD 7.5 metres. 8.10 WIPAUM SIDE YARD 4.5 metres. 8.11 MINIMUM REAR YARD a) Where the yard abuts a Commercial or Industrial Zone: 6.0 metres. b) Where the building contain residential accommodations: 10.0 metres. c) Where the yard abuts a Residential, lnstitional, or Parks and Open Space Zone: 10.0 metres. 8.12 REGULATIONS FOR ACCESSORY RESIDENTIAL USES Pfl7 IN UM/ION eol a) Minimum Lot Area Per Dwelling Unit 480.0 square metres in addition to the requirements estabUehed in Section B.A. J b) Poor Area: J TYPE OFMI811NG MINIMUM FLOQR AREA Bathelor Unit 45.0 square metres Onetedroom Unit 55.0 square metres Two or more bedrooms 70.0 square metres One single dwelling and 80.0 square metres ... ,41! .5.. . . ;,/ , ;,; 7.--1 ._ • .1 I 1 f A ‘: .,, ir .•,, i:4,-,..--. : „ ...,:. • NM ‘41.0j „ • ilia W" ------41 "*14. • ;'.I . . '-- i *)iji:Cf' - % , ' ..*04(4 Viii6 .4- : - t, $ I,. 5 es , • to • /is* • • I 1 11 ID 11112,9 7 f o . ii, • • iiir 11 till Z• g • . . , I . (`b ti Big itgi 44 i • a•9 MIN ;1 ti IjiiiI j n. CI cid T T al 1.1 68 SECtiON 9 - INDUSTRIAL (PA) ZONE REGULATIONS J 9.1 EgeigragLfiga No land shall be used and no buildings or structures shall be erected, J used, or altered in the Industrial (M) Zone except for the following purposes: Jmanufacturing and industrial operations; warehousing and storage uses; Joffices and retail outlets as accessory uses related to industrial operations; Ja public works yard; 7 one dwelling unit as an accessory use located within the main building and intended to be used for one caretaker or one person and his family employed in the manufacturing and indusVtal operations or uses ] permitted in this xt3ssction. buildings accessory to the foregoing uses. 9.2 PMITTED BUILDINGS ANO STRUCTURES Buildings and structures for the permitted uses; Aeseory buildings and structures for the permitted uses. 9.3 MINIMUM LOT AREA Where municipal sanitary sewage disposal fiUtIes and a piped municipal water supply or a communal water supply are n� available 1850.0 square metres. Where municipal sanitary sewage disposal facilities are not available but " I a piped municipal water supply or a communal water supply is available - 1000.0 square metres. • li 1 r 1 6 9 11_ 1 9.4 MINIMUM LOT FRONT 1 1 Where a municipal sanitary sewage disposal facilities and piped municipal water supply or a communal water supply are az available - r 1 37.0 metres. I 1 r 1 Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply isU i available - 25.0 metres. 9.5 MAC EL L0125511 j la municipal sanitary sewage disposal facilities and a piped � I municipal water supPy =or a communal water supply are available50.0 metres. r Where municipal sanitary sewage disposal facilities are not available butPlod municipal water soppy or a communal water supply is available 1. f 40Ometres. ' 9.B M ` I 60percent r I 9.7 1._ 12.Ometres. 9.8 MNIMUM,FRONT YARDr I Ton (10,0) metres except that where the lot fron onto a King's Highway I and any conrrocting links or concession roads. R shall be fourteen and ens-half (14.5) metres from the property Une of the said road. 9,9 mum jpg YI $D � . Am., 1 43 metres except where the use abut a Residential, tnstitztlonal, Park MI I and As 'eation Zone in which cage the yard will be 7.5 metres. I7o 9.10 MINIMUM REAR YARD 7.5 metres except where the use abuts a Residential, Institutional or Parks and Open Space Zone in which case the yard shall be 10.5 metres. 9.11 STORAGE j� a) No storage shall be permitted outside the building or buildings on .1' the lot until a fence of a minimum 1 .5 metres in height is erected and maintained at all times around the area of the lot to be used for storage. b) No storage shall be permitted outside the building or buildings on the lot in the front yard, or in a side or rear yard which fronts, is opposite to, or abuts a Residential or Parks and Open space Zone. 9.12 REGULATIONS FOR ACCESSORY RESIDENTIAL USES �� • J' MITID) IN SECTION 9.1 a) Minimum Lot Area Per Dwelling Unit 460.0 square metres in addition to the requirements established in SectIon 9.3. b) Floor Area: TYPE OF DiWH1JH(i • Bachelor Unit 45.0 square metres One-bedroom Unit 55.0 square metres Two or more bedrooms 70.0 square metres One single dwelling unit 80.0 square metres 9.13 EXWTIONS - INDUSTRIAL (M') ZONA J .8 I I 1 g 1 . ... I 3 1 (I ii P b A r.-ig4 . 1 ‘; 1-11 r 0 1 N a: a .E Z • ip. -u Q 5 4. 1 5 E igi s J� o � 1 I 1 B 1 1• •: • A 130 h !ei • .. I I t : 4 b. .c ri 5 E 11 5 , I .: 17 ti • 40_, t•- I i I ii1 2 1 a 6 2 di E 8 .c 1 1 -Etill. _ _ .;i' 1 1 A m <$:). Z 1 •Ii c‘l 0 • diAN o"nf imi ! 1m7 Pa1 Poo! ?mill !�y r"'7 t�, ' Im7 !mil �i rl r"1 ! m1 Cam" rwmil r !"""11 7z T U 10.3 MINIMUM WI ARF& Where municipal sanitary sewage disposal faciUtles and a piped municipal water supply or a communal water supply are available 1500.0 square metres. Where municipal sanitary sewage deposal ftles are not available brt a piped municipal water supply or a communal water supply is available • 800.0 square metres. 10.4 MINIMURLOT FRONTS Where a municipal sanitary sewage disposal fUtles and piped municipal water supply or a communal water supply are mil available 30.0 metres. Where municipal sanitary sewage disposal facilities are not available but a piped municipal water supply or a communal water supply is aveisbls - Z0.0 metres. 10.5 migatuarmal Where a municipal sanitary sewage disposal ftIltles and a piped municipal water supply or a communal water supply ars agg available 50.0 metres. Where municipal =Miry sewage disposal facilities are not available btrt piped municipal wa* supply or a cannurW water supply is available - 40.0 metres. 10.6 mismanalguniesseg if 40 percent. if 10.7 if 12.0 metres. I[ if If 73 10.8 MINIMUM FRONT YARD Ten (10.0) metres except that where the I fron onto a King's Highway J and any connecting links or concession ros, it shall be fourteen and one-haM (1a.� metres from the property line of the said road. J 10.9 MINIMUM SIDE YARD 8.0 metres. J -` 10.10 MINIMUM REAR YARD 4.0 metres. J 10.11 J J J J J J 74 l_a•L • N 11 - P • - +. • 10 • PPA *i t. N R Nit_ • • J 11 .1 msmirEalam No land shall be used and no buildings or structures shall be erected. J used. or altered in the Parks and Open space (OS) Zone except for the following purposes: Jcampground; conservation area; fairgrounds; public park; private pa**, 1 parking area (public); .� one dwelling unit for a caretaker or an essential workman whose presence on the premises is necessary at all times; Jid1ngs and structures accessory to the above uses. J112 J Any buildings erected in a Parks and Open Space (OS) Zone shall be sat back a minimum distance of seven and one-haft (7.5) metres from any lot line. and shall not cover more than twenty (20) percent of the area of the lot a a a r 75 r 11 ,3 EXCEPTIONS - PARK Al__USI PEN SPACE_RX) ZONe 11 .3.1 1 1 -al DidOICULMI OS-1 as shown on Schedule 'A' to this By-law and defined as all lands between the 880 foot contour elevation (Canadian &olc Dam) and the Long Point Region Conservation Authortty's established limft of the j engineered Roodway (FW) Zone of the 81p Or Geek. 1 11 .3.12 forniksiihm Existing ossa on the day of passing of tie By-law. 1 1 .3.1 .3 Onty those buildngs and structures eooWlp on the day of pslng of this r A By-law. I l • 1 1 r1 1 i 4 4J 114 • I al el 76 SECTiON 12 - FLOODWAY (FW) ZONE REGULATIONS 12.1 MEMO= Na land shall be used aid no buildings or structures shall be erse0ec1, used, or altered in the Floodway (FW) Zone eoacept for the folowlig •[ purposes; marina; parking areas; private parks excluding permanent buildings or structures; public parks excluding permanent buildings or structures; water oriented commercial and recreational uses; flood or erosion control structures. J 12.2 FTEi BUILDING AND LQIJEGULA11QN No building5 or structures may be erected, enlarged, extended, redeveloped, constructed or placed on lands within the Floodway (FW) "1 Zone and no fill shall be placed or removed without the written approval J of the Conservation Authority. the Ministry of Natural Resources or ars in compliance to other provisions of this By-law. J J .tie:':4.:....::4 4 Ll..A.21::::4: 77 0.. .... 12.3 IXCEPTIONS - ROODWAY (FWI ZONE it 12.3.1 1 12.3.1 .1 �,� FW-1 as shown on Sthedule 'A' to this By-law and defined as all lands below the Long Point Region Conservation Authortty's established limit of the engineered floodway of the Big Or Creek. 12.3.12 alMintallial Edsting uses on the day of passing of this By-law. 12.3.1 .3 Only those buildings and strm:txsa mdatlng on the day of passing of this r Byaw. l l I I III if i it :.. .. . , . . it . ,.. ii . . . .11 7a SECTION 13 - FLOODFRINGE (F9 ZONE REGULATIONS 13.1 No land shall be used and no buildings or structures shall be erected, J used, or altered in the Floodfringe (FF) Zone except for the fallowing purposes: single unit detached dwelling; home occupations; accOsaory uaea. 13.2 I Building and structures for the perrnted uses subject to the written approval of the Conservation Authority. 13.3 Ja) Permitted Uses, the minimum let area and frontage, the minimum front, side and rear yard depths, the maximum lot coverage and J building height, shall be in accordance with the regulations of Section S of this By-law. b) The foregoing shall not apply to Prevent the enlargement of J dw.iIlngs or the erection of buildings accessory thereto subject to compliance with the regulations in Section 42 of this13.4 By-law. J J 134.1 J 13.4.1 .1 ritemahas FF-1 as shown on Schedule 'A° to this By-law. MO r r i..i 1111110 NNW1� r.r Imo �+ rr Y�li i , �r low lipx law z 1 • ti :1 I E t1 .4 c E _ ,, gi, 1 8 2 e ai 13 11 g I nt 4 wi I g b 7 igi 111 1,.i iil g P 11 ; 1 : ! ggik lit ( ill 14 lidt**65 4211 i A * 1 ro Fr N a cd 80 Q]]QN 14 - FUTURE DEVELOPMENT (FD) ZONE REGULATIOF$ pr-it 14.1 feBiarEing§ga No hand shall be used and no buildings or structures shall be erected, used, or altered in the Future Development (FD) Zone except for the �.�" following purposes: Jexisting agricultural uses; existing residential uses; J farm buildings and structures inc'udIng one single unit detached dwellIng on one lob •� home occupations; .' agricultural home occupations; accessory uses; uses lawfully in existence as of the effective d of pawing this By-law. 14.2 ffighiliffeallagS jThe establishment of new livestock agricultural uses induding feedlots. piggenes, poultry fms, mushroom farms, dog kennels and farms for the raisinghorses,at mink, rabbit, goat and sheep shall be prohibited. -41 14.3 a) The minimum lot area and frontage, the minimum front, side and mar _ rear yard depths, the maximum lot coverage and budding height, shall remain as they lawfully existed on the effective date of the passing of this By-law. b) The foregoing shall not apply to prevent the enlargement of dwellings or the erection of buildings accessory there subject to -� compliance with the regulations in Seaton 42 r � 8 1 READ A FIFT TIME THIS 13TH DAY OF SEPTEMBER, 1990. FEAD A SECOND TIME THIS 13TH DAY OF SEPTEMBER, 1990. r READ A ThIn TIME AND FIIALLY PASSE) THIS 13TH DAY OF SEPTEMBER, 1990. I � (ACT111(14:11461134-464462tgr611- 1 I� 1 4 9. Vendor and Purchaser agree that there is no condition, express. or implied, representation oe warranty of any kind that the future intended use of the property by Pluckier is or will he lawful except as may be specifically stipulated elsewhere in this Agreement. I0. Purchaser shall not call for the production of any title deed. abstract. survey or other evidence of title to the property except sulk as are in the possession or control of Vendor Vendor agrees that, it requested by the Purchaser, he .silt deliver any sketch or survey of the properly in his possession or within his contralto Purchaser as soon as possible and prior to the last day allowed for eeamining title In the event that a discharge of any mortgage or charge held by a Chartered Rank. Trust Company. Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion. is not available in registrable form on completion. the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain. out of the closing funds, a discharge or enmities. of charge in registrable form and to register same on title within S) days after completion. provided that on or before completion the Vendor shill pro vide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge. together with a direction executed by the Vendor directing payment to the mortgagee. of the amount required to obtain the discharge out of the balance des on completion. I I. All butldinp on the property and all other things being purchased shall be and remain until completion at the risk of Vendor Pending completion, Vendor shall hold all insurance policies. if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage. purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. 12. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited towards the Purchase Price with the amount. if any. which it shalt be necessary for Purchaser to pay to the Minister Of National Remove It order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tart Act by reason cid this sale. Purchaser shall not clam such credit if Vendor deliver on completion the prescribed certificate or his statutory declaration that he is not then a non-resident of Canada. i4. At the purchasers option Fire insurance shall be assigned to the Purchaser on completion subject to the consent of the insurer having been obtained to suck assignment, and the Vendor shall supply to the purchaser at least five (5) days before the completion date details of any such policy to be so assigned i5. Unearned fire insu,siice premiunis of any policy to he assigned pursuant to paragraph 14 herein. rents. mortgage interest. taxes. local improvements. water and assessment rates and the cost of fuel shell be apportioned and allowed in the date of completion (the day itself to be apportioned to Purchaser I Yttesit li. The deed or transfer shall, salt fur the Land Transfer Tax Affidavit. which shall be prepared and completed by the Purchaser, be prepared in registrable form at the expense of Mortgage at the expense of the Purchaser tYurci! t the I7. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter pros ided for herein may he extended or abridged by arta jree►r,tntin writing signed by Vendor and Purchaser or by their respective solicitors who may be specifically authorized in that regard 11I. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of th.a Agreement. Money may be Irwdered by bank draft or cheque certified by • Chartered Bank. Trust Company. Province of Ontano Savings Office, Credit Union or Caine Populaire. 19. THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW REFORM ACT. UNLESS THE VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED. 20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT AND/OR PERSONAL INFORMATION MAY SE REFERRED TO IN CONNECTION WITH THIS TRANSACTION. 21. Notwithstanding any terms of conditions outlined in the printed portion herein, any provisions written or typed into this Offer shall be the true terms and shall supersede the printed portion in respect to the pans affected thereby. This Agreement shall constitute the entire agreement between Purchaser and Vendor and there is no representation. warranty.collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing This Agreement shall be read with all changes of gender or number required by the context 22. prase aekaowlndges having htestpaeted the property prior to subsalfting this Offer and unedemaanis that upon Vendor accepting this Ober*meshed ba a 11srtMg agr410■asttih 1 porthaw and soak between Psrebaser and Vendor. DATED at AYlrrer the. day�d August 19 9 SIGNED. SEALED AND DFLiVLKEI) IN WITNESS whcrei► has. • - runto .►•t tits hand and seal. in the primer of: Elgin-A4 o lding Ltd . Mario ei- Pz .,- _ 4111 De las :P•fr . . . Ch Chin President . . . Date i(•uta Aa.. i The undersigned accepts the above Offer and agrees with the Vendors agent above named is conaideratiot. for his services in procuring the said Offer, to pay ham on the date find d for complaint, a commission of . . no/ :Me . . . . . . Ae of an amount equal to the above mentined sale price, which commission may be deducted from the deposit. I hereby irrevocably instruct my Solicitor to pay direct to the said Agent any unpaid balance of commission from the proceeds of the sale. day . 19 90 DATED .' Vienna . . . . the. �� of �e� SIGNED. SEALED AND DELIVERED IN WITNESS %Wren. I have hera'unnn ..•t my hared ,end seal: • in the presence of: /1--< 0 Dare ofat/ • ?° 1 lb -S.i R ve j\. .. . ad • Date .0 .t^ ` �,/fid• Cler e iv a►+i The Corporation of the Vi l ll, eof Vienna The Undersigned Spouse of the Vendor herehy consent• to the dr es i int •rein pursuant to the pots 1.110,1% o .,ami y Law dec r>rm Act In consideration of the sum of One l)tillar ill Mi. tli. receipt sal whit from the Purchaser is hereby aknow►ledgcd. the undcniltned spouse of the Vendor hereby agrees • with the Purchaser that hcushc will exrcuic all ruce.wr) or era'dental .l.ikunivnt. to usi` full truce and ct't':t to the --de evidenced horns. Dost Witness Sptwtie ACKNOW LEDGEMtr:NT atcknnwkdr receipt of my sir ri'►! hilly of this actrpte.l Agrcentwnt of Punt• I acknowledge receipt of my signed copy of this accepted Agreement of Purch- ase and Sale. ad direct the agent to forward a copy to my .tilk ittw. ale and Sale. and direct the agent to forward a copy to my schen a. Date . Dirt 1Venini iPINK kwi Date Dire t veaiirt t Pun ewer i Address: Address: . . . . . . . . . . Telephone: Telephone: • Vendor's Solicitor Ptlaethasees Solscitor GLOIN r HALL & ASSOCIATES Bruce W. Farnell Pow iso. list F r • r p THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO . 90- 13 • BEING A BY-LAW TO AUTHORIZE the sale of certain lands THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF , VIENNA DOES HEREBY AGREE TO sell to Elgin-Aylmer • ' Development & Holding Ltd . , lands being North part of lot 7 , WS Hwy 19 , Plan 54 , Village of Vienna , Frontage 24 . 50 ' , Depth 330 . 00 ' , . 19AC , and being Roll No . -001-027- 01 , at the price of $ 500 . 00 ( five hundred dollars ) in accordance with and subject to terms of the agreement of purchase and sale , attached as Schedule " A." to this by- law . Schedule ' A" attached hereto is declared to be a part of this by- law as if written and incorporated • herein . BEAD A FIRST AND SECCND TIME THIS 10TH DAY OF OCTOBER , 1990 . • • ets\cm Mr4-2 CLEK READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF OCTOBER , 1990 . nAliZI -In IS A Cf.E 3 • • 7- _. .._......_ SCHEDULE " A " TO BY LAW NO 9Q - 13 VILLAGE OF VIENNA ito to LONDON AND ST . THOMAS REAL ESTATE BOARD Ian- • • • AGREEMENT OF PURCHASE AND SALE , - Elgin - Aylmer Development & Holding Ltd . gen � Iwrra_ PURCHASER. YEN DORS The Corporation of the Village of Vienna .ibreemb Va� Mr'a AGENT. n ia 44at Slogan Oa... *r..teri tiered k.e.nl PROPERTY: [ n/ione west side of Highway 19 knows outaaupallyas la the village of Vienna t end having a frontage of 24 . 5more or leu by a depth o[ 3 3 • more or kis and described as part of Lot 71 west of Plank Road , Plan 54 , Village of Vienna designated as Part 2 , Plan 11R- 4380 at the PURCHASE PRICE OF ��rr' aleu�tr1 0 d'� —st n''– Caaadsaa Dollars (Wais , } on the following terms: • I. Purchaser submits with this otter . . . . --:--» • Dollars (Scan .i 0Y 1 cash/cheque payable to the Vendors Agent a. . Jcpu►,t to be held by him in trust pending completion or other termination of this Agreement and to be endued towards the Purchase Priae,on completion 2. Purchaser agrees to pay the balance of the purchase price on closing . ., • S 3. Purchaser and vendor agree that all ealatinig fixtures arc included in the partaken incept an perm those luted hereunder: none . L sad that the foUowiag chattels ate included in the purchase price: none . IP • 4. Pu ser agrees that this Offer shall be errest&able by him until 11:39 p.m on the day of August • 19 , after which time, if nut .cccptcd. this Mee shall be sued aid void and the deposit shall be returned to Purchaser without interest or deducuon. 3, This Agreement shall be completed on the , 1 9th day of . . October 14 9 Upon completion. neon poaaesuoa of the property shall be given to Purchaser unkss otherwise provided se follows. S . ar b. Purchaser shall be piloted until 11:50pa on the b t 1'1` we . 4 , 19 90 to:etassn thetitk ta1Att 'fopeAy.at bis own upeabe, to ssttafy tumuli that there arc no ostaadi g wort orders effeetitj the property, that its preach sae as ire r .] tu • may be lawfully continued. and that the pont spat bitilliling may be insured against rest of fire 7. Provided that the title to the prupcny a good and tree num all cncumbranccsaces as aforesaid and encept for any registered restrictions of convenants that run with the land providing that such are cumpltcd with a:md casein Icer any minus casements to public uttltt+es required for the supply of domestic utility serv•ces to the property If within the time allowed for exammntng the tale ant salmi ublesttutt iti title. La to any outstanding work order, or to the fact the said present use may not lawfully be continued. or that the principal building may not be insured against risk of lite a made to witting to Vendor and which Vendor is unable or unwilling to remove, remedy of satisfy and which Purchaser will not waives-INS Agreement, notwithstanding any stttcentcdtatc acts us negotiations in respect of such cojectrons. shall be at an end and all monies theretofore paid shall be returned without interest or deduction and Vendor and Vendor's Agent shall not be liable for any costs or damages Save as to any valid ob$eteoo so made by such day and eactpt for any obpection gong to the root of the tale. Purchaser shall be conclusively darned to have accepted Vendor's title to the propsny. I. The Vendor represents and warrants to thr fuels hoer shot the buildings used in conjunction with the property base nut betn.as at the date of cumptetion. insulated with a Ire. tueinekekyde fa type insulation. Pros Hied that at the budding is a part of a multtpie scut buiWag ibis warranty all Daly eateed to that punters or the aradlag which is the MsJ-c1 of this west don.This Warranty shat/ surmise and nut AMrge on the coaspiettws o1 the treasection. 1 - I tt a • • Vendor and Purchaser agree that there is no condition. express, Or 'implied, reprtsenution or warranty of any kind that the future intended a of the properly by Purchaser is or will he lawful neer' as may be specifically stipulated elsewhere in this Agreement. 10 Purchaser shall not call for the production of any title deed. aburaet. survey or other evidence of title to the property eacept such as are in the possession or control of Vendor Vendor agrees that. if requested by the Purchaser. he will deliver IOW sketch or survey of the propeny in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for etamining tisk In the trent that a diwharge of any mortgage or charge held by a Chartered Hank. Trust Company. Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion. is not available in registrable form on completion, the Purchaser agrees to accept the Vendor's solicitor's penonal undertaking to obtain, nut of the closing funds. a discharge or cesaatiri. of charge in registrable form and to register same on title within tO days after completion. provided that on or before completion the Vendor shall pit vide to the Purchaser a mortgage statement prepared by the mongagee setting out the balance required to obtain the discharge. together with a duection executed by the Vendor directing payment to the mortgagee. of the amount required to obtain the discharge out of the balance due on completion I i '. All butldinp on the property and all other things being purchased shall be and remain untilcompktion at the risk of Vendor Pending completion. Vendor shall hold all insurance i policies. if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage. purchaser may either terminate this Agreement � and have all monies theretofore paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchaseIII 12. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provtstonsbf The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed uiligently at his expense to obtain any necessary consent on or before completion. I), Purchaser shall be retched towards the Purchase Price with the amount• if any, which it shall bt recesury for Purchaser to pay to the Minister of National Revenue iw order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor deliven on completion the prescribed certificate or his statutory declaration that he is tot then a non-resident of Canada 14, At the purchaser option Fin insurance shall be assigned to the Purchaser on completion subject to the content of the insurer having been obtained to such assignment. and the Vendor shall supply to the purchaser at kast five ( 3) days before the completion date details of any such poise} to be so assigned U. U, earned fire tnst..alite premiums of any policy Iii he assigned pursuant to paragraph It herein. rents. mortgage interest. taxes. local improvements. water and assessment rates J and the cost of fuel shall be apportioned and allowed to the date of completion (the day itself to be apportioned to Purchaser j 16. The deed or transfer ;hall, sale for the Land Transfer Tax Affidavit. which shall be prepared and compkted by the Purchaser, be prepared in registrable form at the expense of S1 end the Mortgage at the expense of the Purchaser .ircxi s e r 17. Time shall in all respects be of the essence hereof pros ideti that the time for doing or completingof any matter pros ided for herein may he extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may be specifically authonred en that regard I/. Amy tender of documents or money hereunder may be made upon Vendor or Purr baser or their respective solicitors on the day set for completion of this Agreement Money may be ' tendered by bank draft or cheque certified by a Chartered bank. Trust Company. Province of Ontario Savings Office. Credit Union or Crosse Populaire. 19. THE VENDOR WARRANTS THAT SPOUSAL CONSENT iS NOT NECESSARY TOT HIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW REFORM ACT. UNLESS 1HE. VENDOR'S SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED. 20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT AND/OR PERSONAL INFORMATION MAY BE REFERRED TO IN CONNECTION WITH THIS TRANSACTION. 21 . Notwithstanding any terms of conditions outlined in the printed portion herein, any provisions written or typed into this Offer shall be the true terms and shall supersede the printed portion in respett:t to the pans affected thereby This Agreement shall constitute the entire ageement between Purchaser and Vendor and there is no representation. warranty, collateral agreement or condition affecting this Agreement or the properly or supported hereby other than as expressed herein in writing This Agreement shall be read with all changes of gender or number required by the context 22- Pere hereer arckaowtdgel having Inspected the property prior to submitting this 0fTis and saw/tntands that upon Vendor sat piing this Oftentimes shall be a binding apse d perches and alt between Purchaser and Vendor. s DATED ,' . . . . . . . . . Aylmer Iht. August - 19 . 9 0. - Jay s►) SiGNED. SEALED AND DELIVERED iN WITNLSS whim's has • % otto .:t itis hand and seal: in the presence of: Elgin-A o • : ' • lding Ltd . P . . 4110 Date li, 410 Mario Chirirs 'President . . . . • Date Por,h.... g i Tlie undersigned aaorpts the above Oiler and agrees with the Vendors agent above named in corsaideratior. for his services in procuring tic said Offer, to pay him on the date above fined for conspktion, a comm ission of . . n11. A . . els of an amount equal to the above mentined sale price, which commission may be deducted from the deposit. I Mtreby inevtatt,ab y instruct my Solicitor to pay direct to the said Agent any unpaid balance of comm►auon from the proceeds of the sale 0 7A DATED at Vienna . . . . . . . the, .. U Jay of . 4 . Leri t9 9O SIGNED, SEALED AND DELIVERED IN WITNESS ishcfo f ! have hereunto .e t my hand and scsi: S the preienct of: ,/<' ,...eet.,-.1 .?-1.---.A.A.A.41-0-02.„ 40 Dat ael /9/.1.... . sbasci.i Reeve 1\_ __ - addate .0 . �l�t C1er ivraa..i The Corporation of the Vill c e of i vi a The Undersigned Spouse a the VL.tithir ketch) conwa l%inthe• dipog lin►n c% sacra etI n rctn pursuant to ih: firti%s.ttmsti .irsss y Law Kc form Ari in considerstton of the sum at One thiIl.ir (Sl .111/1. the resells cal which from the Putt-hailer A hereby acknowl dvcJ, the untkr.t}mid .pause of the Vendor hereby agrees with the Purchaser that hci he will elks:euts.• all nev swa> or mild ntat JO(uit►4,nl. hi tubs full bocce ard cheet hs the 'ak evsde•rtt:cd herein. ai 10 Date Witness • Spouse` ACKNOWLEDGEMENT 1 acknuwkdgc receipt of ns) stood cep) ttI ihn act Cpied Agrs•cnwnt of Purch- I acknowledge receipt of my signed copy of this accepted Agreement of Purch- ase and Sale. and direct the aprnt hs forward a Copy to my .iilii tsau au and Salc. and direct the agent to 'inward a copy to my soirestoe. . i)sac . Date weals►:s i Pure kale i I DateDate *Venial thee banes I �_,......r. . — — — ,x AAA...•. • THE CORPORATION OF THE VILLAGE OF VIENNA BY- LAW NO . 90- 14 BEING A BY- LAW to confirm all actions of the Council of the Corporation of the Village ., f Vienna for the year commencing December Jr 1989 to November 30 , 1990 . e BE IT ENACTED by the Council of the Corporation of • the VILLAGE OF VIENNA that all actions of the said Council by By- laws and Resolutions for the year commencing December . 1 , 19 89 to November 30 , 1990 be and the same are hereby approvec' and confirmed . READ A FIRST , SECOND AND THIRD TIME PND FINALLY PASSED THIS 13TH DAY OF DECEMBER , T990 , REEVE /01, CLERKZ A A 4 • It THE CCRPORATI GN OF THE VILLAGE OF VIENNA BY-LAW NO . 90 - 14 BEING A BY-LAW to confirm all actions of the Council of the _ Corporation of the Village of Vienna for fTh year commencing encing December , , 1909 to November 30 , 199 0 . BE IT ENACTED by the Council of the Corporation of • • • the VILLAGE OF VIENNA that all actions of the said Council `ay By- laws and Resolutions for the year • commencing December .1 , 1989 to November 30 , 1990 be and the same are hereby approved and confirmed . ? REM) A Z' IRST , SECOND AND THIRD TI "T AND FINIfLLY PASSED TilIS 13TH DAY OF DECEMBEF , 1990 . • REEVE eLERK .4e2adeLad&ct • J z -• . C1 . • a THE CORPORATION OF TIIE VILLAGE OF VIENNA BY-LAWNO . 90-15 BEING A BY-LAW to appoint Municipal Officers for the year 19 91 . THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE VILLAGE OF VIENNA : THAT TEE MUNICIPAL OFFICERS FOR THE YEAR1991 BE AS FOLLOWS : CLERK-TREASURER LYNDA MILLARD TAX COLLECTOR lerNDA MILLARD HALL MANAGER MARJORIE GARRETT Iii: CUSTODIAN :� . .• LL CUS a +" WEED CONTROL RICK MARLATT ROADS SUPERINTENDENT EDWARD BEATTIE CANINE CONTROL • DONALD WHITNEY SIDEWALKS ARTHUR GOETHALS FENCE VIEWERS WM . GORVETT , GILLES MENARD , DON HORTON AUDITORS BARKER , STANLeY & PTNRS . LICENSE ISSUER LYNDA MILLARD E WATER BILLING CLERK RUTH BEATTIE WATER COMMISSIONER BUILDING INSPECTOR WM , UNDERHILL PLUMBING INSPECTOR WM . UNDERHILL 1 BY-- LAW ENFORCEMENT OFFICER NM . GOPVETT FINANCE CHAIRMAN EDWARD BEATTIE PROPERTY STANDARDS 3yr . ) WAYNE PAPKFP ( 2nd ) COMMITTEE 2yr . ) pLy.,NPLI TCHER ( 2nd 1 r �L COMMUNITY CENTRE BOARD K . C . EMERSON , ART GOETHALS (Members of Council ) D . BRACKENBURY , E . BEATTIE , & R . MARLATT • EDISON MUIEUM BOARD E . BEATTIE , R , BEATTIE , WM . UNDERHILL , J . SEGHERS , M . EALE VILLAGE PLAINER % PAUL HINDE , CUMMING COCKBU LTD . • t,',T j.4L ?Tq .; I.:1: ; Ii: l :► ' I ' CYRIL J . DEMEYEPE r READ A FIRST , SECOND AND TH I PD TIME AND FINALLY • PASSED THIS 13TH DAY OF DECEMBER , 1990 . A REEVE, f- - CLEPI: J . •• o. . 5 e t THE CORPORATION OF THE VILLAGE OF VIENNA 4 i BY-LAAO' NO , ,'. 90- 15 BEING A BY- LAW to appoint Municipal Officers for the ;fie ar 1991 . THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL 1 OF TI iE VILLAGE OF VIENNA : THAT THE MUNICIPAL OFFICERS FOR THE YE,AP 1991 BE Ali F GLLOWS : 1 i C = P.K-T REASU'REI LYNDA MILLARD k TAX COLLECTOR LYNDA MILLARD HALL MANAGER MARJORIE GARRETT A . HALL CUSTODIAN 4 • WEED CONTROL RICK MARLATT ROADS SUPERINTENDENT EDWARD BEATTIE .� CANINE CONTVOL DONALD WHITNEY ii - - t .. I' j SIDEWALKS • ARTHUR GOETHALS I 1 FENCE VIEWERS WM . GORVETT , GILLES MENARDi DON HOPTON AU DI TORS BARKER , S TANI$Y & P TN P.S . LICENSE ISSUER LYNDA MILLARD WATER BILLING CLERK RUTH BEATTIE WA TE R COMMISSIONER F t e l BUILDING.. INSPECTOR WM . UNDERHILL PLUMBING INSPECTOR WM . UNDERHILL i 1 BY- LAW ENFORCE.-`ENT OFFICER WM . GORVETT FINANCE CHAI P.IAN EDWARD BEATTIE i PROPERTY STANDARDS 3yr . ) WAYNE PARKER ( 2nd ) �,• . . ij COMMITTEE� hE 2yr . ) MARLYN FLETCHER ( 2nd I lyr ) COM : UNITY CENTRE BOLPD K . C . EMERSON , ART GOETHALS10 (Members of Council ) D . BRACKENBURY E . BEATTIE ( i, & R . MARLATT } ELISON MUSEUM BOARD E . BEATTIE , R . BEATTIE , WM I UNDERHILL , J . SEGHEPS , M . MALE VILLAGE PLANNER PAUL HINDE , CUMMING COCKBURN LTD . [ 410 VILLT.G Ei:GI +LFP CYRIL J . DEMEYEPE I , ' READ A FIRST , SECOND AND THIS'D TIME AND FINALLY PASSED THIS 13TH DAY OF DECEMBER , 1990 . REEVE SIAdedSC: } " CLERK4/74}windiend 1 I . at + e/ i • • 1 • THE CORPORATION OF THE VILLAGE OF VIENNA BY- LAW NO . 9 0- 16 BEING A BY-LAW to set the Interim Mill rates of taxation for the year 1991 The new rates being : RESIDENTIAL b 167 . 232• • • COMMERCIAL & 196 . 674 BUSINESS r The taxes shall be due and payable in two equal instalments as follows : THURSDAY , FEBRUARY 2R , 1991 . t • THURSDAY , MAY 30 , 19 91 G • READ A FIRST , SECOND AND THIRD TI`E AND PINALLY PASSED THIS 13TH DAY OF DECEMBER , 1990 . • REED it(eheatai • CLERK *-414a\niNs4A • 1 • 411 • 4 • • e e f ' 1 I . l j f v w - t I • • 4 . I I THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 94- 16 BEING A BY-LAW to set the Interim Mill rates of taxation for the year 1991 A iik I - ,,AII The new rates being : RESIDENTIAL 167. 232 COMME RCI AL & 4 ' BUSINESS 196 . 674 ' 1 • t The taxes shall be due and payable in two equal j instalments as follows : THURSDAY , FEBRUARY 28 , 1991 THURSDAY , MAY 30 , 1991 READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF DECEMBER , 1990 . REEVE /aAlecteLierAv CLERK47LIAN-in ;UPJ • ,l .. H I . r C - • r M VM.nw�-/-��/:an_..� .�..... -_. rtr-r hast -_ - .. - .. '•i4'tatM • . • i' • . • eh THE CORPORATION OF THE VILLAGE OF VIENNA • i BY- LAW NO . 904- 16 i i BEING A BY-LAW to set the Interim Mill rates of 1ill , ttaxation for the year 1991 Cif' . , i I The new rates being : RESIDENTIAL 167.4232 I ' I COMMERCIAL & 196 . 674 E BUSINESS . r The taxes shall be due and payable in two equal 1 i { ;_ . instalments as follows : THURSDAY , FEBRUARY 28 , 1991 r i THURSDAY , MAY 30 , 1991 li 4st ` • $ �,s,'.. READ A FIRST , SECOND AND THIRD TIME AND FINALLY . i _ ' . PASSED THIS 13TH DAY OF DECEMBER 1990 . ?, f del mak iit, 4-T, , _ . REEVE )e/geFf.pit2444;34) b.i CLERK , , I „�I a-. . a H- Ii h i • 1 { i Iy i I ii i 1 1 I i 4110 •} , • 'I { a i 4r r 4 1 I i -N1 , , J i i y. 4. f ii ...' i; , s 1 - iiN, 4 .,7,... - ...et,. - . - _ . .. - - - -• - _ - - - - - _