HomeMy WebLinkAboutPort Burwell By-Laws 1987 Bayham Township
Br Laws
By-Laws
# 87 - 01 - 87 - 27
1987
Form 100 Out-72
it144. tri. I. kik L P.!! \i '
BY-LAW No. S -
p=tatu to authorize the borrowing of S SOsvo"w�
Whereas the Council of the a 0 (11`r t 4-40.1.4-411
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ SO Poo •ov to meet, until the taxes are collected, the current
expenditures of the Mynicipality for the year:
N^"-Refer And Whereas the total amount of the estimated revenues of the
to the est in.stn
1°"ne eurre°t Municipality as set forth in the est' nate: ado pted for the year 19ero is
year.iI ad°toed: P Y I
d not.w tofe 0 D_e ' �• D I D
a 1..1 res,. $ 319, `r Ss•
(Delete this And Whereas the total of amounts heretofore borrowed for the purposes
h if
npIkabk.)"°` mentioned in subsection (1) of Section 332 of The t Iunicipal Act which have
not been repaid is,S 4i L
Therefore the Council of the ll/lot- of perj 8
hereby enacts as follows:
1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to
borrow from time to time by way of promissory note from CANADIAN IsIPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate $ 50"2•0'v
to meet until the taxes are collected the current expenditures of the Municipality
for the year,including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
Passed this at, day of -1°`r— 19e
7
.��. TI DEA OF THE MUNICIPALITY •
{ SEAL 1
..��� .K
I hereby certify that the foregoing is a true copy of By-law
No. 8�"( of the (,r7t of fe-•Y
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This 2 Cday of V 19 67•-
As Witness the Seal of V
the Vof
SEAL. 1
1 CLERK
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
. 11
g7 i..., 7— f
Meeting . l—e--•-• Z ,19 87
ci
Moved By . ... L ( ',,e!
O
...1'•
C---%-)1 ‘'<\\.\•K-P4--
. That leave be granted to introduce By-law to
Seconded By C---%-)1` ‘'<\�^P4-'
cit
�� Sj °�°-
and that Bylaw presented herewith be read a first time.
By-law read a fl: --_-time
1, n ,
it
Moved By i1Arlt-4y `.��---
--
/ That By-law now read a first time be read a
� (� O second time forthwith.
Seconded By .__ ..1, �- -..-IA, ------
By-law read a ... ..... ..... . time
% •
Moved By ----- - -k% ..
�' ' That By-law now read a second time be read
a third time forthwith.
»1111Seconded B -;:;:;
1 a _—_ --time
Nyflit
Moved By -•- --- \-1144>r, -" That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By &I....—. ' sealed by the Reeve.
iez,R--
. .
410THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
7-ZABY-LAW # 87-2—
A
by-law to authorize the carrying on of a program of recreation
within the meaning of the Regulations under the Ministry of Culture and
III Recreation Act , 1975, to provide for operation, maintenance and
mangement of parks and to provide for the establishment , operation,
and maintenance of community Centres pursuant to the Community Centres
Act and Regulations made there-under.
THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
( 1 ) Pursuant to Regulations made under the Ministry of Culture and Recreation
Act, 1975, a program of recreation is hereby established for the residents
of the Municipality.
(2 ) The said board shall consist of not less than ( 7 ) members appointed from
time to time by by-law of Council and for a term stated therein,
(2 ) two of whom shall be members of the Municipal Council. The term of
the board shall run up until the 31st day of December, 1987.
( 3) The members shall be :
( 1\)04, -- -e---ki,.- h €.>.(
f'
N Ic1.e1e NAL(DvQ
(4 ) This by-law repeals and supercedes all other by-laws which contravene
the above provisions.
READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED THIS
4.4, ti DAY OF 37k1W4A-WY, 1987.
/67 Fehruord
ft
Ron Bradfie
Reeve
Elwood Varty
Clerk-Treasurer
11P THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting
446' 11
,19e
Moved By a „ //,/
That leave be granted to introduce By-law to
41 Seconded By
a AteA,44.4,
and that By-law presented herewith be read a first time.
By-law read a time
Moved By 1.411sg VA" That By-law now read a first time be read a
Seconded By
second time forthwith.
By-law read a time
_
Moved By -
.....
That By-law now read a second time be read
a third time forthwith.
Seconded By
By-law read a . —
Z / I / ft
Moved By •
That By-law now read a third time do pass,
Seconded By 1) .-ta:1-1 611 be engrossed by the Clerk, and signed and
sealed by the Reeve.
IC,. , 1.1 I lea2A,Q
1111 VILLAGE OF PORT BURWELL
BY-LAW 87-3
A by-law to rescind by-law number 86-17 which was a by-law to
zone four parcels of land on the harbour.
WHEREAS by-law number 86-17 was without proper authority
• of the Official Plan, Council enacts;
THAT by-law number 86-17 is null and void and hereby
rescinded effective upon passing of this by-law
( 1 ) MOVED SECONDED _
f �
That by-law^ No be
read a first time. Read and Carried//
( 2 ) MOVED f
[ SECONDED e �\
That by-1-w No. - be read a / •, . t� e Reading dispensed V th
A'
( 3 ) MOVED \, SECONDED A.
That by-law o. k7-3 be read a third t i e.
Reading dispensed with, FINALLY passed and carried.
/e191)(12d
Reeve.
t AGS �,= ^ .T
�'J:.1NEll
CGUN
ELs✓
......................
Clerk lrecs�rcr
110 VILLAGE OF PORT BURWELL
BY-LAW 87-4
A by-law to permit the name "Port Burwell" to be used by the
Port Burwell Non Profit Housing Corporation.
9
WHEREAS council of the Corporation of the Village of Port
Burwell is desireous of the name "Port Burwell" to be used as
1 part of the name of "Port Burwell Non Profit Housing Corporation"
be it enacted that Sermission is granted for "Port Burwell" to
be used as part of the "Non Profit Housing Corporation" effective
upon third reading and passing of this by-law.
( 1) MOVED �� ` V� ECONDED‘IC L
That by- ,;17. ,1
� - read a first time. Read and Carried `�
(2) MOVED/ fp, /4 SECONDED _` • �
That •y-law ! - be read a secon ,time. Read'ng dispensed wit
(3) MOVED SECONDED0
That by-law T7-`f be read a third time.
Reading dispensed with,. FINALLY passed and carried.
Reeve
►L
4 ► _ U v
Erna u . I
I
110 VILLAGE OF PORT BURWELL
BY-LAW 87-5
A by-law to ammend by-law 86-15, a by-law to set water rates.
WHEREAS by-law 86-15 does not include a rate for sewer usage
where Village water is not supplied.
• Council of the Corporation of the Village of Port Burwell
enacts as follows:
1 ) That the rate for sewer usage for unmetered private water
supply is $20.00 per month.
2 ) That this rate comes into effect February 1, 1987 upon
passing of this by-law.
3 ) That by-law number 86-15 is hereby ammended.
( 1 ) MOVED 1� 'ECONDED ,/(_7 /
That b -law; •e read a firstim• 'dad and Carried v
(2 ) MOVED ��. RA. ECONDED , r�,�r
.�
That b be read a second ti'e. Readingdispensed wi
( 3 ) MOVED ' , i
�I��'P SECONDED _ / '-2
That by-law fr./.4- be read .a third' time.
Reading dispensed with, FINALLY passed and carried.
Reeve
r
LLvi -I)
Clcr
Trccsir r
VILLAGE OF PORT BURWELL
BY-LAW 87-6
A by-law to ammend by-law 260 being a by-law to construct and
maintain a water works system.
Council of the Corporation of the Village of Port Burwell enacts
as follows:
1) This by-law ammeynds section "B" paragraph 1 so that the following
is added "and approved plastic or PCV pipe".
2) This by-law shall come into effect on date of third reading
( 1) MOVED , h, _ I SECONDED
That by-law;7 be re a f. st ime. Rea. cnd Carrie
(2) MOVED ,_ ' SECONDED \ , , =
That .y-law , Ave read a sec d tin ading dispensed wit/
(3) MOVED \ % \`S \16 SECONDED
That by-lawlk' , be read a third ti .
Reading dispenses, with, FINALLY passed and carried.
Reeve
•
L' v
APIP10
BY-LAW NO. 87-7-
01110 VILLAGE OF PORT BURWELL
A by-law to amend by-law number
87-2 .
WHEREAS the following persons have resigned from the
Port Burwell Recreation Board:
Mary Ellen Miller
Michelle McCord
AND WHEREAS by-law number 87-7 hereby amends, by-law
number 87-2 by deleting Mary -Ellen Miller's name and Michelle
McCord's name and adding:
Debbie Stephenson
READ A FIRST, SECOND, AND THIRD TIME, FINALLY PASSED AND CARRIED
THIS 2nd DAY OF MARCH, 1987. `'
•40-0 ///
Reeve V
Ron Bradfield
Village of Port Burwell
/////I:
wood V.rty
Clerk
fr
OVED BY \.i - A / SECONDED BY
HAT by-law n _. :7 / ' read a first tLme. jRead a d Carried.
MOVED BY ,/ /AL! Ili SECONDED BYu� C� c-
THAT by-law nwn.er : be read a second ti : , I .ling dispensed with.
AO
MOVED BYfI ' SECONDED BY /
•
THAT by-law n.mber 87-7 be read a thir. 'ime.
READING DISPENSED WITH, FINALLY PASSED AND CAR'IED.
The tt.cticiral I,ct,k10 1980
: ct3cst 1:8
. 4 ,
•
•TIIE C71WC•RAT IGa or THE
o
/. vitt:aa: OF I•drr Iti07.t1.t. •
In 7I2: 4.1.X7.:.i . I 1....;iri
•
•
BY-1.A 87-8 t
•
Being a by-law to adopt the estimates of
all sums required to Le levied against -'+
all rateable property during the year ..-t
and to strike the rates of taxation for
111 the year 1987 . `
•
IZIrREAS the Council of the Corporation of the Village of
t'nrt eery'-11 , in accorJ:ince with the provisions of The Municipal
Act, has prepared and provisionally adopted the estimates of all
- sums-required during the year 19 87 for the purposes df the
municipality, including suns required by law to he provided for
school purposes and for any board, commission or other body;
AND WHEREAS the Assessment Roll prepared in 19 87 , and
upon which the taxes for the year 1987 arc to he levied, has
teen finally revised by the Assessr..::r.t Review Court;
AND I•MEREAS the whole of the assessment for real property
and business assessment, according to the said last revised assess- •
rent roll, is as follows:
•
Residential and Farm $ 640629
Co:'rcrcial and Industrial $ 131374
Business $ 50160
AND WHEREAS for taxation purposes the said assessment is
allocated as follows:
• Residential Commercial/
and Farm Industrial/ Total
Business
Public School Support $ 640629 $ 180859 $ 821488
Separate School SuFI.ort $ 4 $ 675 $ 24829
Secondary Schoo /� Fpor�t $ • •478 $ 181534 $ 846315 .
AND t•. IEREAS The_ Ontario llncon.litinnal Granls Act, 1975,
provides for a fiftecii �.:rcci;c iii ) diiicrenclal tetween
residential/farm assess-ent and c:,:71ercia1/industr.ial/business
assessment for the purposes of levying rates, in each year;
41011 AND WHEREAS The F'nciticn 1st , 1974, provides that the
rate to be levied on 105icic:stiil ai..iiain assessment in each year
shall be eighty-five 1654) per cent of the rate to be levied on '
commercial, industrial and Lusir.ess assescr-..ent;
NOW THEREFORE THE COtl:;CIL Cr THE COR1'ORATIO:1 OF THE MUM '
OF I'DR' L'III'..T!.l. ENACTS AS FCI LO::S:
1. The estimates of the Corporation of the villin . of
F :rt 8'::1^11 for the year 1987 be and they are
hereby adopted; :,.:1. ....•: 1987: i:r:l.iI..; to t. allocated to the reserve
for I-•rl:,nl I'.:.Is. il,•::.., t '.t 1;.1;.•, aro attach-'t xr9 form appendix 'A'
of this by-lr:,.
•
Cont'd....2
-
. Y
. i
^ g y
2 - •l
I.'
. : i'}
f
The sums to be raised by means of taxation for the i
year 19 87 be as follows, subject to the adjustments
indicated, which adjustments are by law required to
be made: • ,
(a) For general municipal purposes, a sum, of $ 254284 '
• such amount to be reduced by a sum of $ 97121 i,
representing the municipality' s share of +
• the 19' resource e•;uali:ation grant pay- '
rent iinacr The Ontario t;ncnnditional Grants M.T.C. -36o00 (R•.d
Act, 1975; aiicl tui tl�cr reduc�:f Ly i dunTecreation '7:6000 .
Al of —�— $ '2792 1
representing -the municipality' s share of •
that telephone and telegraph gross .
receipts payable and r section 1C1 "
of The Municipal :pct; and further reduced
by a sum o f $ 3735 •
representing the municipality' s share of
. payr..ents=in-lieu of taxes from all sources
payable during, the year; and finally •
NIL
• reduced (increased) by a sun of p $
representing the amount of any available Other '--
surplus (deficit) from any previous year Revenue 23479
in respect of general municipal purposes;
such adjustments yielding a net levy for
general municipal purposes of $ 85157 •
(b) For county purposes, a sum of $ 30960
as requisitioned by the County of
Elgin , such a:-ount to be reduced
by the sum of $ 736
representing the County' s share of that
. portion of telephone and telegraph gross
receipts payable under section 161 of
The municipal Act; and further reduced 900
Ey tti.3-sua of--- $
representing the County' s share of
payments-in-lieu of taxes from all
sources payable in the year; and
finally reduced (increased) by a
sum of $ NIL
representing any ovcrlcvy (underlevy)
in respect of the 1986 County requisi-
tion; for a net levy for county 29324
purposes of $
(c) For public school (elementary) purposes,
a sum of $ 65038
such amount being reduced by a sum of $ 1746
representing the a-.ount of that portion
of telephone and telegraph gross receipts
payable under section 1( 1 of :he 1:uniciEal
Act that is attributable to public school
levies; and further reduced by a sun of $ 2509
representing that portion of rayments-
in-lieu of taxes that is attributable
to public school levies; and finally
reduced (increased) by a sun of $ N• I.
representing any overlevy (underlevy)
in respect of the 19 86 Board of Educa-
tion levy for public school purposes;
for a net levy for public school
(elementary) purposes of $ 60792• •
Cont'd 3
. '
•
• 3 f
lb (d) For secondary school purposes, a sun of $ 534.75 •
such ar,ount being reduced by a- sun of $ •
1306
representing the aro;:nt of that portion 1
of telephone and telegraph gross receipts
payable under :ecticn IC) cf The t'?iniciall
Act that is attributable to scccindary .
schopl levies; and further reduced by a
sum of $ 1900
representing that Fortiori of payments- t
in-lieu of taxes that is attributable ;
to secondary school le•,ies; and finally NIL
reduced (initreasei) by a sum cf $ .
representing any overlevy (nnderlevy) a
• in respect of the 1986 Roara of Educa-
tion levy for secondary school pur`oses; %.
for a net levy for secondary school 50269
purposes of S $ • ,,
(e) For separate-school purposes, a slim of $ „ 2850
such amount being reduced (increased)
by a sum of $ NIL
any overlevy (un:lerlevy) in respect of
the 1986 levy for fcran Catholic
separate school `arrows; for a net
levy for separate school purposes of $ 2850 , '
3. There shall be levied and collected upon the whole of
the assessment for real prcl.erty and business assess-
ments, according to the last revised assessment roll,
the following rates of taxation for the year 1987 ;
Residential Commercial!
and Farm Industrial i
Business •
General municipal purposes. . 97.48 112.11
County purposes 33.57 38.60 .
Public school purposes 71.23 83.81
Separate school purposes114.24 134.40
Secondary school purposes58.90 69.30
;' NI t?1tc 5, LI r..tr 261. 18 303.82
yielding a consolidated public school rate for residential •
and farm assessrent of 261. 18 rills and for commercial,
industrial and business assi:ssrunt of 303.82 mills;
• and yielding a consolidated separate school race for
residential and farm a.,..4.-..:rent of 245.29 mills and
for commercial , industrial and business assessment of
285. 11 mills.
• h
V
4. In addition to the rates and taxes authorized to be levied
pursuant to clause 2 of this by-law, all other municica1
local or direct taxes, rates and charges, the collection
of which is the responsibility of the runicipality or any •
of its officials, be levied and collected in the manner
directed and authorized by the provisions of any General
or Special Act or by-law of the municipality.
The local urovcrents to tr col ec•tc'd are to include later frontag s,
water connections and set* r connect 1cas.
- Ttt taxes shall become
' due and payable en the 15th aJ7 cf . MAy , 19 87 ,
but ray Lc paiJ in install'.:uts on the 15th day oZ
1111 May , 1907 , the 15th day of July ,t+
T987 , the 15th day ct S_,ptenber . 1967
ptovideddthat upon
failure to mate pays^nt cn any insiallrcr.t date, the '
uholc amount shall Lcc:.re di.e and payable forthwith. i.'
6. There shall be irrosei a rcnalty for non-payment of taxes jf'
en due date of any i::stall::.t.t thereof, the amount of Pit ii_
of the amount due a-J ttr.pa i i en the first day of default, .•,,
and an aJJitional rc alty cf 1%1 shall he added on the .'y;,
first day of each calcr.iar renth thereafter in which "r'
default continues, 1...:tr.:t after the end of theyear I.
in uhich the tales are l.:vicJ. 1.1
• 7. That there any taxes or carr rates remain due and unpaid
after the 31st day cf rcc,: t.cr in the year in uhich they !e
were levied. there rltal l lc a.h!ei thereto interest at a _
rate of 1%1 rer rcn:h far cash ::3ntlt cr fraction thereof
until the said taxes ani rates arc paid.'
tt
8. The Collector is..
- hereby autheri:ed to rail or cause to I
Ij
be mailed the t,otice of to>:Cs doe to the address of the
residence cr place of Lusi►:css c: the rerScn to whom •j;
notice is required tO L. given. '!
,,.
9. All taxes shall be raid into the Office of the Treasurer
or at the Ca7.1Ii i;i I. ;0•i t.sI I' .: •. ..t C.. I . t.•eBun
t:11.1•)rt Buz. 11. pursuant to `
Section 366 (8) of The t'_^icinal 7.ct . :'
i.'
I.
10. Mere a tenant of lands, o_nci by the Crown or in which •
S.
the Crown has an interest , has 1 ccn cr;.loycd either within
or outside the r.untcil •ality 1.7 the sa7e crployer for not
less than 30 Jays. s.t:lt cr;.1c; cr shall pay over to the :t
Collector cn der..and cut of any wages, salary, or other ,%'
remuneration due to su:h c-` 1: yee tt.e arount then payable .:;0
for taxes under this t.7-1a.: ar,-1 such payment shall relieve
the cr.ploycr frcn any li.t,ility to the crploycc for the
amount raid.
11. The Collector and the Treasurer arc hereby erpowered"-xo •.
accept part-payr.cnt frcm tir2 to tire cn account of any
taxes due. ,
1.11 col lc:t tens are to 1., ai Irl t.•I first to interest and penalty of oldest ,'
outstu>,iinj ;tar. :. :,i17, t . cut..1.r.11:.7 ta.ik orders and utility collection
placed cn tie roll .,::.i tit:Ally, t., f.rttr:ti.al tax ar..runts rust outstanding
year.
• •
4
•
•12. This by-law shall care into force and effect upon the date
of its final passing.
MOVED BY SECONDED BY
THAT by-law number 87-8 be read a first time. Read and Carried. •
MOVED BY SECONDED BY
THAT by-law number 87-8 be read a second time. Reading dispensed with.
MOVED BY SECONDED BY ,
THAT by-law number 87-8 be read a third time.
READING DISPENSED WITH, FINALLY PASSED AND CARRIED. .
READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED
r;• •
THIS 30th DAY OF March 198f.
6 !e
Ron Bradfield •Elwood Varty • 1:
n..,..,- E l
ill
Summary of mill rates 'ei9-
aIDENTIAL 1987 1 1986 1985 1984
re
Village 97.48 j 107. 15 102 .03 97.25
County 33. 5 28.23 24 .08 22.08
Elementary 711 67.02 67.02 6(?.55
Separate 114 . • 67.02 65. 11 62.41
Secondary 58.90 50. 13 51 . 10 50.01
• Total Public supporter 261 . 18 252.53 244 .43 229.89
Total Separate Supporter 245.29 252. 53 242.32 231.75
Commercial E. Business
Share 1987 1986 1985 1984
Village 112 . 11 126.05 120.03 114 .41
County 38. 60 33.22 28. 32 25.98
Elementary 83.81 78.85 79.09 71.24
Separate 134 .40 78.85 76.60 73.42
Secondary 69. 30 58.98 60. 12 58.83
Total Public supporter 303.82 297. 10 287 .57 270.47
Total Separate supporter 285. 11 297. 10 285.08 272.65
IP
IL . `
liii; lk
k
Port Burwell Recreation, Parks and Community Centre Board
Balance Sheet
December 31 , 1986
ASSETS 1986 1985 1984
CURRENT ASSETS
5998 792 --
Cash
• Accounts Receivable
6000 6000 _
6792
LIABILITIES
Current liabilities
-- -- 183
Bank indebtedness
Accounts payable & accrued liabilities -- 153
1759 1-- 13
Due to Village of Port Burwell 517 9 1650
•
FUND) BALANCE
11998 5033 ( 1650 )
SURPLUS ( DEFICIT) 5 , 792
11998
:t9+
rr
PORT BURWELL RECREATION, PARKS AND COMMUNITY CENTRE BOARD
STATEMENT OF REVENUE AND EXPENDITURE
YEAR ENDED DECEMBER 31 , 1986
1986 1985 1984
•
REVENUE
Rents - municipal trailer park,
booth 4800 10009 6416
•Grants - Province of Ontario 6000 12000 1240
Fees , service charges and special
events, 8474 5851 13096
Interest 95 85 85
21128 27945 20837
EXPENDITURE
maintenance, supplies and
equipment 6580 3976 3841
Utilities and other services 447 2266 1840
Supplies , services and special
events 7136 7093 --
Transfer to own fund -- 7093 --
14163 21262 22472
EXCESS OF REVENUE OVER (UNDER
EXPENDITURE 6965 6683 ( 1635 )
( DEFICIT) , lseglning of year ( surplus 5033 ( 1650 ) ( 15 )
SURPLUS ( DEFICIT) , end of year 11998 5033 ( 1650 )
'O
41101 .
• `
VILLAGEBALANCE SHEET OF PORT BURWELL
4 DECEMBER 31 , 1981
1985 1_ 984
1986
ASSETS
UNRESTRICTED 11441
14315 84585
Cash 64268
70112 38642
12548 94870
Tax receivable 40118 $
-- 3 2525
Accounts receivable 0699 220622
Other current assets 115827
1U 3724
•
CAPITAL OUTLAY FINANCED BY LONG TERM -- —
LIABILITIES AND TO BE RECOVERED IN
FUTURE EYARS 108000
0699 2222_ 8622
LIABILITIES
CURRENT LIABILITIES .Y
Accounts 98597
payd and accrued 19208 23138
liabilitiee s NIL 49770 67274
Due to Port Burwell waterworks __ __
16617
.; 72908 165871
Other ��'82'
8000
� 8 1 7�_
NET LONG TERM L I Afi I L I TES
3871
rlINI) BALANCES
15089 80 44
ACCUMULATED NET REVENUE ( DEFICIT ) ( 71288 ) ( 83 )
( ',0332 )
UNFINANCED CAPITAL OUTLAY
8i9904`=_
1 3 0 3 3 4 ---7 701 4, 7 �
RF:;ERNES ►;0002
228622
115827 ) 00 699
O (-) +
•
41101
1
71
VILLAGE OF PORT BURWELL
11 STATEMENT OF REVENUE AND EXPENDITURE
YEAR ENDED DECEMBER 31 , 1986
•
t 1986 1985. 1984 .
REVENUE
Taxation 135627 134090 84008
95
0
9
Taxation from other governments 79540 39169 312207
376
User charges
•Grants - Province of Ontario 169033 107163 86966
- Other municipalities 2267 1969 1770
Investment income 3566 12478 7367
33219 10694 4183
Other 429968 308300 223890
EXPENDITURE
General government 164926 101636 64547
Protection to persons & properties 27421 22822 19777
Transportation services 90329 66710 57927
Environmental services 106426 84917 44176
Recreational & cultural services 55953 16930 2847
Planning & Development 8780 23668
445057 301255 212942
EXCESS OF REVENUE OVER EXPENDITURE ( 15089 ) 7045 10948
ACCUMULATED NET REVENUE ( DEFICIT) , 15089 8044 ( 2004 )
BEGINNING OF YEAR
ACCUMULATED NET REVENUE, END OF YEAR I ',089 8044
•
• 0 (i.
"14 VILLAGE OF PORT BURWELL
STATEMENT OF CAPITAL OPERATIONS
YEAR ENDED1DECEMBER 31 , 19
1986 1985 1984
CAPITAL FINANCING 3
3604
45621 20652
Contributions from the revenue fund 5500 20652 536043
Grants - Province of Ontario 15858 -- 1162
users Fee 784
Investment income 5704 146031
• gq 6031 Prepaid special charges 1000 43 --
Equipment Sale 73769 189243 604933
CAPITAL EXPENDITURE - 6768 540
General government 1_-- 300 1580
Fire department 6418 300 366080
Roadways __ 1140
Street lighting 5967 20844-- 2524411
harbour and marina 24,70 232236 208_92__,
Environment services 52813 2�8 602451 _
EXCESS OF FINANCING ( UNDER ) OVER EXPENDITURE 20956 ( 71205 ) 2482
( UNFINANCED CAPITAL OUTLAY ) , BEGINNING OF YEAR ( 71288 )
( 83 ) ( 2565 )
( UNFINANCED CAPITAL OUTLAY ) , END OF YEAR
( 5_ 0 332 ) ( 71288 ) ( 83 )
0 'O
I
1
'/ ./f/r/
VILLAGE OF PORT BUR4;ELL
STATEMENT OF RESEP+VES
YEAR ENDED DECEMBEP 31 , 19-8, ►
1986 1985 1984
REVENUE
Transfer from the revenue fund
Working funds 62202 34000 5000
• Fi::ed assest - fire department -- 3200 4000
62202 37200 9000
FUND BALANCES, BEGINNING OF YEAR 46790 37790
FUND BALANCES, END OF YEAR 83990 46790
TO CAPITAL FUND 15858
ANALYSIS:
Reserves
Working funds 125202 63000 29000
Fixed assets - fire department 5132 20990 17790
130334 83990 46790
EXCESS OF REVENUE OVER EXPENDITURE 46344
p• .2
VILLAGE OF PORT BURWELL WATERWORKS
BALANCE SHEET
DECEMBER 31 , 198 .
1986 1985 1984
ASSETS
CURRENT ASSETS
Cash -- 50 50
User charges receivable 3318 2998 1614
Due from the Village of Port Burwell -- 49770 67274
411 3318 52818 68938
LIABILITIES
CURRENT LIABILITIES
Accounts payable and accrued liabilities 3318 -- 15782
FUND BALANCE
ACCUMULATED NET REVENUE -- 52818 53156
3318 52818 68938
• t7. • O .0.
1
VILLAGE OF PORT BURWELL WATERWORKS
STATEMENT OF REVENUE AND EXPENDITURES
YEAR ENDED DECEMBER 31 , 1984.
1986 1985 1984
REVENUE
Sale of water 68474 71869 49278
General Municipal contribution 19575 19787 19787
• Fees and service charges -- -- 60
late payment charges 389 434 328
Interest 1900 3000-
88438 93990 72453
EXPENDITURE
Ministry of Environment - water charges 78629 71358 56989
- operating charges 19575 19787 19787
Administration 7521 3000 3025
Repairs, maintenance and capital additions 35531 183 335
141256 94328 . 80136
EXCESS OF EXPENDITURE OVER REVENUE ( 52818) 338 7683
ACCUMULATED NET REVENUE, BEGINNING OF YEAR 52818 53156 60839
ACCUMULATED NET REVENUE, END OF YEAR --- 52818 53156
I
re
VILLAGE OF PORT BURWELL
( PROPOSED) 1987 BUDGET
TAXABLE ASSESSMENT
1987 1986 1985 1984
Residential public 640 , 629 624 , 490 637 , 566 620 , 393
Residential separate 24 , 154 26 , 140 19 , 094 20 , 114
• 664 , 783 650 , 630 656 , 660 640 , 507
Commercial Public 130 , 854 128, 856 120 , 363 112 , 815
Commercial separate 520 500 500 500
131 , 374 129 , 356 120 , 663 113 , 315
Business public 50 , 005 47 , 195 44 , 060 41 , 790
Business separate 155 150 150 150
50 , 160 47 , 345 44 , 210 41 , 940
846 , 317 827 , 331 821 , 733 795 , 762
r'
• •
VILLAGE OF PORT BURWELL
401 1987 BUDGET
,
REVENUE •
1987 1986 1986 1985
budget Actual Budget Actual
Telephone - Village 2792 6582 , 6450 6100 6018
- County 735
- School 1746
Ant in lieu of taxes 14000 14628 10000 8700
Ontario Grants - roads 36000 35000 35000 34100
- per household 10350. 11000 10290
- resource equalization 64053 . 95217 39000 38696
- general support 22718 13000 12077
- recreation 6000- 6000 6000
County road rebate 2000 " 1950 1950
Licences and permits 15008 8345 2000 5000
Rents 10004 8614 5000 4860
Penalty and interest on taxes 5000- 5463 2600 2000
Investment income 2000,' 3556 2000 5000
Transfer from reserve fund OFIRP 2100 ' 1200 1500 --
Sudnry income 5000 42214 1740 1700
Accumulated net revenue , beginning
of year 0 3000 3000 8044
187303 223687 139950 144435
Taxation 228392 215240 215240 207935
415695 438927 352370
110
• A,
.
VILLAGE OF PORT BURWELL
1987 BUDGET
EXPENDITURES
1987 1986 1986 1985
Budget Actual Budget Actual
General government
Council 16000 14208 15000 8300
Admin - salaries & benefits 35000 31900 31000 20300
Material , supplies , services 50000 58091 53730 36800
• Building maintenance OPP ,
library, P. U.C . 1Y00 -2-080 2000 1800
Capital purchases ( computer, mis ) 7000 --- --- 1100
Reserve for working c pital --- --- ---
Sewer connection and hookup --- --- --- 11000
Fire Department
Salaries and benefits 8000 6980 6000 5668
materials , supplies services 10000 11495 1000 7290
Reserve for capital replacement --- 15857 1000 3200
Conservation Authority 2000 1659 2000 1900
Protective inspections and control 6000 2302 8000 9134
Roadways
Salaries and benefits
Material , supplies , services 72000 90329 70000 59941
capital
Street Lighting
Power and maintenance 10000 8862 5000 3066
Capital replacement -- -- 2400 1503
Garbage Collection 20000 18198 17000 16482
Parks and Recreation
Salaries , amterials services --- 123 1000 ---
Transfer to recreation board 6000 6000 6000 6000
Planning and Zoning 8000 --- 3000 ---
Debenture Charges --- --- NIL 8900
Sewer inspection, sidewalks --- --- --- ( in other )
Transfers to:
County of Elgin 30960 25907 22000 21063
Schools - Elementary 118513 106677 107000 102237
- Separate 2850 1515 2000 1300
402073 402473 355130 326984
IPbuilding 12..772 --- ---- ---- J
TOTAL EXPENDITURES: 415695 402473 355130 326984
'I I
p 0
CORPORATION OF THE
4111 VILLAGE OF PORT BURWELL
BY-LAW NO. 87-9
A by-law to purchase lot 22, 23 East
on/ Shakespeare Street and lots 23 and
24 West on Milton Street.
WHEREAS section 1J3 R.S.O. Chapter 302 authorizes council to
pass by-laws for acquiring any land required for the purposes of
the Corporation.
•
WHEREAS the Corporation of the Village of Port Burwell
sponsored a Non Profit Senior Citizens apartment building.
WHEREAS the Corporation has entered into an agreement to
purchase the property as shown on sketch 86-591-D-1-A and which
is attached and forms part of this by-law.
WHEREAS the Corporation of the Village of Port Burwell will
hold this property in trust and transfer this property to the
Port Burwell Non Profit Housing Corporation at such time as
requested by the Port Burwell Non Profit Housing Corporation .
WHEREAS the Port Burwell Non Profit Housing Corporation will
pay to the Corporation of the Village of Port Burwell the
purchase price and such other expenses of transfer as is deemed
necessary.
THE Corporation of the Village of Port Burwell authorizes
the Clerk to sign all documents on behalf of the Corporation to
effect the purchase and transfer to Port Burwell Non Profit
Housing Corporation.
THE Corporation of the Village of Port Burwell authorizes
the Treasurer to pay over the necessary funds to complete the
transaction on or before May 30, 1987 .
. THIS by-law to come into full force and effect on date of
passing.
MOVED BY CONDED BY
11110 THAT by-law tuber 87-9 be read a first t Rea and
carried.
JNA
MOVED BY�ql•c� eUk) SECONDED BY V-----...ce—
THAT
by-law nu�ber 87-9 be read a seco d time. Reading
dispensed with . _
Ni
MOVED BY SECONDED BY y.,. ! -.Alp _\
THAT by-1 w number 87-9 be read a third iiiiiii .
Readi dispensed with, finally passed an. c= rried.
4E !P
ce4I4 ,2'
Reeve f/ � ' Clerk
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Ink
CORPORATION• OF THE VILLAGE OF
_ PORT .3URWELL
BY-LAW 87-10
•
•
BEING a by-law to lease facilities to
the Ontario Provincial Police.
WHEREAS the attached lease document forms part of this
by-law; .
WHEREAS the Corporation is desirous of leasing the Property
as shown on the lease under the terms and conditions as described
on the attached lease;
WHEREAS during the period named in the lease, the
Corporation will be offering alternate quarters to be used as a
station for the Ontario Provincial Police;
THEREFORE the Reeve and Clerk are authorized to sign all
documents to bind the Corporation to lease the property as
described in the attached lease, and further to negotiate the
transfer of the lease to alternate quarters for the Ontario
Provincial Police.
/4/ ir
MOVED BY � �� , _ . SECONDED BY 14:.-
THAT by-la/w. 87- ' 0 be read a first time. '' ad . / rried.
MOVED BY Z1. 4 `G---,--/2 SECONDED BY ...A
that BY-LAW 87-10 be read a second time. ''ead ng dispensed
with. I 011
MOVED BY CONDED BY 47,7.'111". 1 .�ir . e-cek.c.fi
THAT by-law -10 be read a third time. 1
Reading dis • , se• with, finally passed ./ arried.
•
Reev Clerk
Ron Bradfield Elwood Varty
s -
gillikhk .
OFFER TO RENEW LEASE
BETWEEN HER MAJESTY THE QUEEN
AND
• NAME OF LESSOR : The Corporation of the Village of Port Burwell
DATE OF EXISTING LEASE : November 1 , 1985
ADDRESS OF PREMISES : West Side of Eriess Street
Port Burwell , Ontario
FILE NUMBER: L-891
We , The Corporation of The Village of Port Burwell the undersigned ,
being lessors of the above-noted accommodation, hereby offer to renew
the said lease for a period of one ( 1 ) year from November 1 , 1987 ,
at a rental rate of $2 , 244 . 80 per year, payable $185 . 40 monthly in
advance .
All other terms and conditions to remain the same , save and except
the option to renew.
All other terms and conditions to remain the same , and the Province
shall have the option to renew the said lease for a further period of
one ( 1 ) year at a rental to be negotiated and under the same terms
and conditions . -- �
- "tr �C "' 6;1- / c-'
Dated at Port Burwell this 2-7 day of Ct.---1?-5.....j 1987
ItS 1
IGNATURE:
/ / __ /L - 4111k.•...1— _ --J.v....:.
lir
ADDRESS : The Corporation of The Village of Port Burwell
P . O. Box 299
Port Burwell , Ontario
NOJ 1T0
CORPORATION OF THE VILLAGE OF
110 PORT BURWELL
BY-LAW 87-11
•
BEING a by-law to authorize the
purchase, moving and erecting of
Old Baptist Church .
WHEREAS the Corporation of the Village of Port Burwell is
authorized by Section 193 R. S .O. Chapter 302 to pass by-laws
acquiring and land ( or building ) for Municipal purposes ;
• WHEREAS the Corporation is desirous of acquiring the Old
Baptist Church for Municipal purposes ;
WHEREAS the village entered into an agreement with Mr. Norm
Barber ( the registered owner) on December 24 , 1986 ;
WHEREAS the Village is desirous of moving the Old Baptist
Church to a site presently owned by the Village of Port Burwell
on Pitt Street , therefore the Treasurer is authorized to pay such
sums as the agreement with Mr. Barber specifies ;
THEREFORE the Clerk and the Reeve are authorized to enter
into an agreement with a building mover to move the said building
(approximate cost, $6 , 000 . 00 ) and any other necessary agreements
to effect the move ;
THEREFORE the Clerk and Reeve are authorized to cause a
suitable basement to be constructed on the present Village owned
site on Pitt Street (estimated cost , $12 , 000 .00 ) ;
THEREFORE the Clerk is authorized to order such work to be
done to leave the site of the Church on Mr. Barber' s land in the
manner specified in the attached agreement.
MOVED BY 2� —Et- n
AR y CONDED BY
THAT by-law /ll • : : d a first time. Rea• in: .!' spens,d with .
MOVED BY ///
L �., ,�.,�:�, SECONDED BY � � �
c,-
MOVED
THAT by-law 8, -1,1 re: :l a second time. Reading dispensed with.
E--s
MOVED BYCa- SECONDED BY 45,,ie2
THAT by-law 87-11 be read a third time.
Reading dispensed with , finally passed and carried.
Reeve Clerk /// '
Ron Bradfie d ' Elwood VBrty
THIS AGREEMENT made this pi t , day of December , 1986.
BETWEEN :
THE CORPORATION OF THE VILLAGE OF
PORT BURWELL
nereinafter called the "Village"
OF THE FIRST PART
10 - and -
NOR4AN J . BARBER
hereinafter called "the Owner"
OF THE SECOND PART
WHEREAS the Owner is possessed of certain lands and
premises ( the "lands" ) in the Village of Port Burwell which are
known as the "Old Baptist Church" on Wellington Street;
AND WHEREAS the Owner wishes to have all buildings cleared
from the lands;
AND WHEREAS the Village wishes to acquire and preserve the
"Old Baptist Church" building for its own purposes and is willing to
remove this building from the lands;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the mutual covenants and agreements herein
contained , the parties do hereby agree as follows:
1. The Owner grants the Village the right to enter upon the
lands and to remove all buildings from it; property in all such
buildings removed shall immediately vest absolutely in the Village.
2. The Village covenants that it shall pay the Owner the sum
of ONE THOUSAND DOLLARS (51,000.00) on or before January 31, 1987.
3. The right granted by the Owner to the Village shall be
exercised on or before April 15, 1987.
4. The Village shall :
( a) Backfill all excavations with suitable material, to
grade, and compact same to normal raw land standards;
(b) Remove all building products from the lands, leaving
same in a neat and level condition;
• (c) Bear all costs of demolition and reinstatement;
(d) Obtain all necessary permits and approvals;
(e) Remove and place all materials at its own risk.
• 5. The Village agrees to indemnify and save harmless the said
Owner against any and all liability, loss, damages, costs or expense
which he may hereafter incur , suffer or be required to pay by reason
of the right granted hereunder.
6. The Owner represents that he has the authority and power to
grant the right conferred herein to the Village.
7. If for any reason beyond its control the Village is
prevented from exercising the right conferred herein, the Owner
shall refund the consideration paid to him by the Village.
8. The Owner authorizes the Village to defend, at its cost ,
any actions or claims respecting the lands for which indemnity is
provided by this agreement , including:
(a) the right to retain and instruct solicitors in such
matters;
(b) the right to use the Owner's name in any proceedings;
(c) the right to defend, settle, compromise or negotiate
matters on behalf of the Owner;
except that the Village confers upon the Owner the right to settle a
claim made by one Roberts in writing on or before January 15, 1987,
the Village will contribute a maximum of TWO THOUSAND DOLLARS
(52 ,000.00) towards such settlement provided that the Owner obtains
11111 a release from Roberts and those claiming under him from all claims
to the Old Baptist Church Building or damages arising from the
failure of arrangements between the Owner and Roberts .
9. In the event that the lands have not been cleared and
reinstated as required by April 30, 1987, the Village shall pay to
the Owner the sum of ONE THOUSAND DOLLARS ( 51,000.00) on the 1st day
of May , 1987 as liquidated damages and rent and the further sum of
ONE THOUSAND DOLLARS ( 51,000.00) on the 1st day of each following
1
. .
month to October 31, 1987 so long as the default by the Village
continues. This provision shall not apply at any time that the
Owner is in breach of any obligation under this agreement, and this
1101 agreement shall be at an end on October 31, 1987 if not fully
discharged beforehand.
• o
IN WITNESS WHEREOF the Parties have executed this agreement
this ,71./1-* day of aet-m417, , 198.
THE CORPORATION OF THE VILLAGE OF
• PORT BURWELL
+
I... ...�� . ./i` / ' ' - -
Witness ` / -
4 1/
-,,
r/a.:-/ /
Witn "'' NORM Nl ,Y. BARBER 7-2.,,e..,4/_r_,._,
%V.' 41:a4
11111
Al
CORPORATION OF THE VILLAGE OF
V PORT BURWELL --
BY-LAW 87-12
Being a by-law to authorize the
purchase and granting of certain
lands.
Whereas a Corporation of the Village of Port Burwell
is authorizupg by Section 193 R.S.O. Chapter 302 to pass
by-laws acquiring land for Municipal purposes.
Whereas the Corporation is desirous of acquiring land to
411 hold in trust for the Port Burwell Non-Profit Housing Corporation
to construct a rent geared income Senior Citizens Building on.
The attached agreements of Purchase and Sale dated the
27th day of May 1987 form part of this by-law 'Exhibit "A"
with Loreen and Harvey Neville; Exhibit "B" with George and
Ruby Anger; Exhibit "C" with Michael and Tracy Van Beers.
Form part of this by-law
Therefore the Clerk is authorized to sign documents
on behalf of the Corporation in connection with these three
transactions.
The Corporation binds the Clerk's signature and seal
as at May 27, 1987.
The Treasurer is authorized to pay out of the general
fund such monies as required by the three transactions.
This by-law ,:.o come into_ effect on date of passing.
MOVED BY 141DED BYThat by-la nuber87- be read a first time: Read and
carried.
MOVED BY t SECONDED BY
That by-law nu, er87-12 be read a second ime. Reading
dispensed wii I.
MOVED BY\\ t� giLL, SECONDED BY/#4,_ a _ Ab, _ /
<WI That by-la.' su er 87-12 be read a third ime. Reading
dispensed ,ith, finally passed and c. ried.___.—---Th
/ i A ' if Reeve / i. Clerk
K,
AGREEMENT OF PURCHASE AND SALE K I R i t I.rrm l\
February 19112
Iheundersigned. .'.hEs. Corpprat.;on of .t.bo V Xll4ge of Part Burwell
therein called"Purchaser-)ha,ing inspected the real property herchs tillers to purehate
tion George..and.Ruby.Anger therein ealkd"Vendor")
trio&Ir the Vendor),all and singular the premises on the ..We St.. side of ..Milton
r,i.11age of ...Poxt.Aurwe.11 and(cousin Municipal
No.feet .PT... Lot 21, 22
Plan 12... hating frontage nf66 ft On Wellington St• and depth of .
all measurements being more or less.(herein called"the teal property-(at the price of
Ten Thousand
66 l>.."arses 10,000.ob
of IL..1111 manes of Can day.pa akle cash cheque dated Max 27/87 One Thousandl
o
(s 1000.00 I l.lh� hir the Vendor as a deposit to a held ,such Agent pending completion or other termination of this�\grce-
ment and to he credited on account of purchase money on closing.and the Purchaser agrees to pay the balance as tollnws-
By cash or certified cheque to the Vendor subject to the usual
•djustments upon completion of this transaction.
This offer is conditional upon the purchases obtaining signed
accepted offers on two other parcels of land on or before June 1 , 1987
at 11:00 a.m. Should these two other parcels of land not be
available then this offer is null and void and the Purchasers deposit
is to be returned in full without penalty or interest .
The Purchaser agrees to obtain at his expense a survey if
required.
The Purchaser further agrees to pay the cost of the Vendors
Solicitor for such reasonable costs are necessary.
i It exceeds
y e
.then
e
iven by
principal
to sum ot
endor,it any mortgage
reduced h the amounttol suche mee esst'hutnall ft'ther otermsollthe said mortgage mortgage
gethack sthall remain
the same
2 1 tyles+otherwise prostded. the real property shall include all appurtenances and tistures relating to the real property and without
limiting the gePerrlity of the foregoing shall include storm and screen sash and doors.electric light fixtures
all such as are presently on the real property and allot a hrch the Vendor warrants ownership.tree and clear of liens and encumbrances,
excepting the following items which are not included in the putehase prise
11111he follow tog equipment is rented and the Purchaser agrees to assume the rental,onttact and tat harmless the Vendor thereunder.
1
e Vendor or
r
hi the
er and
til
ed his
e
4
In thish.\greemen t of fish ll Agreementis insttutC an irre'executed
.filer iii sell hythe Purchaser endrr11or,to puth.t execution hi the Purchaser as the easet mayhhe other,til
1hi h li m itp.tr onthe .Fust
Jai lit ....June 19 8.7.
alter ii has h little. not exicutcd and dclnered h,the other,such eller shall he null and s.aJ and all deposit mune++hall he rejoined
aithi.w interest. I 29 , June 1487
5 this transactionnt purchase and sale is to he completed..n in belorr the .. .. ...... da. i.t
on which date tacant possession of the Real Property is to he go en to the Purchaser.unless otherwise prostded herein.
f+ l he Purchaser is ti;Me allowed .... dais(rum the date u(acceptance hereon to examine the title at his own expense. If.within that
time.any s aha objection to the tole is made lir a riling to the\endor.a hrch t he\endor shall he unable or unwilling to remote,and which
the Purchaser a ill not a arse.this agreement shall.not a ithstandtng any intermediate acts or negotiations in respect of such objection.be
null and void,and the deposit shall he returned As the Vendor without interest and he and his \gent shall not he liable for any costs or
damages.Sate as to ant salid ohlecuon so made w ohm such time.the Purchaser shall he conclusr'els deemed to hate accepted the title
of the\endor to the real property ,
7- 1 he Vendor shall pros ide.at his expense.a description at the teal property in a limn acceptable to the I and Registrar for registration.
N. Pros ded the title is good and free from all encumbrances.except as.toresaid.and except as to any registered right of way or other
registered casements.registered restrictions or cotenants that run w t h the land.pros tied such are complied with.the Purchaser is not to
call for production of an) title deed,abstract or other es tdence of title except such as are to possession of the Vendor
l •
•
9 1 he Vendor*arrant.that he has not.as at:be date and time ul the.acceptance ol t he whin,Alec recess ed any written orders or written
requests from any municipal or other gosernmcntal amnions put :.ar.t to a hieh ars aork.repasts or replacements arc required to he
perlormed in respect of or installed ni thea .•i rrnp::r. ..•.!put.:.. .•r.+such w,n r.i
-6-;,C-1..-e ',,-ti e7(,,,, 6 7-rt._
AGREEMENT OF PURCHASE AND SALE K E B.O.C. Form 3A
„ • . February 19132
Theundersrgncd. .The..C.orp.oration.of the V.illage..of Port..Bur.well
Iherein called"Purchaser"(has mg inspected the real property hereby utters to purchase
from .Miehae 1..and.Tracy..VanBeers therein called" endor")
lioff=ve*Pok+ri
I ,all and singular the premises on the •East side of Shakes pear
i Village of .Port..Burwell and known as Municipal No. PT tot ..21
Plan 12 has ing Irrrntageof .50..feet. on Well.ington. Stidepth,rl .6.6..fee.t
all measurements being more or less.therein called"the real property-I at the price of
Three Thousand _ xx nonan Is 3000.00 1
01laalulmoney ofCanada.payable cashcheque dated May 27, 1987 1e Sc1re:}�}u0 Bol
IS sonelelitaintent for the Vendor as a deposit to he held by such Agent pending completion or other termination of this Agree-
ment and to be credited on account of purchase money on closing,and the Purchaser agrees to pay the balance as follows:- •
A parcel of land South Part of Lot 22 Plan 12 Shakespear Street with
50 feet frontage by 82 feet in depth and adjoining Lot 21 is to be
.transferred to Michael and Tracy VanBeers upon completion of this
transaction.
The Purchasers agree to pay all costs of additional legal expenses,
survey expenses and necessary severences, to complete this transaction.
The vendors agree that they have no objections to the proposed use of
subject land. •
This offer is conditional upon the purchaserobtaining signed accepted
offers-for two 'other parcels of land on or before June 1, 1987 at 11:00 a.m.
If the purchaser is unable to obtain the accepted offers then this offer
is null and void and the purchasers deposit is to be returned in full
without penalty.
I. If the principal sum of the first mortgage arranged as aforesaid exceed,the minimum chose specified.then the mortgage gisen by the
Purchaser to the Vendor.it any.shall he reduced by the amount o,such excess but all of her terms of the said mortgage hack shall remain
the same.
2. Unless otherwise provided, the real property shall include all appurtenances and fixtures relating to the real property and without
limiting the generality of the foregoing shall include storm and screen sash and doors,electric light fixtures
all such as are presently on the real property and all of a hich the Vendor warrants ossnership.Irce and clear of liens and encumbrances.
excepting the following nems a hich are not included in the purchase price
he lottowrng equipment is rented and the Purchaser agrees to assume the rental contract and,ase harmless the Vendor thereunder
IP!
4 In the es ent of this Agreement being executed by the Vendor or Purchaser prior to execution by the other and until executed by the other.
this Agreement shall constitute an rrrecocable offer to sell by the‘endor or to purchase by the Purchaser as the case may he until
11 a m p m.on the ...F),I•St day of ...June 198.7.
alter which time.rl not csCt.utcd and dclisered by the other,such otter shall Ix'null and cord and all deposit monies shall he returned
without interest.
5 1 his transaction of purchase and sale is to he completed on or heloie the .29 dal of .June 198.7..
on which date vacant possession of the Real Property is to be goers to the Purchaser,unless otherwise pros idea herein.
h. The Purchaser is to be allowed .10 Jays from the date of acceptance hereat to es amine the title at his ran expense If.within that
time.any k alyd objection to the title is made in a ruing to the Vendor.V.hich the endor shall he unable or unw dhng to remote.and which
the Purchaser a ill not anisc.this agreement shall,not a it hstanding any intermediate acts or negotiations in respect of such objection,he
null and cold,and the deposit shall he returned by the Vendor a it bout interest and he and his Agent shall not be liable for any costs or
damages.Sas a as to any valid iihjeciion so made a thin such time.the Purchaser shall he conclusis ely deemed to hate accepted the title
of the Vendor to the real property,
7. rhe Vendor shall pros ide.at his expense,a description of the real property in a form acceptable to the I and Registrar for registration.
R Provided the title is good and free from all encumbrances,except as aforesaid.and except as to any registered right of way or oth{f
registered casement:.registered restrictions or:os enants that run a ith the land.pros ided such arc complied a kb.the Purchaser is not to
1 call for production til any title deed.abstract or other es rdcnce of title except such as arc in possession of the Vendor.
9. The Vendor warrants t hat he has not.as at the date and time of the acceptance ot the within offer recessed any written orders or written
requests from ans municipal or other gosernmental authorits pursuant to which any work.repairs or replacements are required to be
performed in respect of or installed in the real properly and pursuant to such warrants the Purchaser shall he reliesed and exonerated
from ans obligation to make any ins estigal ion in respect thereto It the\endor has recessed.at or pt to the aforementioned date and
time any such written orders or requests which base not then been complied with the\endor shall produce the same to the Purchas
inspection and in theesent that any such orders or requests base been recessed by the Vendor regardless of heir non-production
Purchaser,the Purchaser may.at his option declare the within agreement to he null and sold and all deposit and other montes
hereunder by the Purchaser shall he returned to the Purchaser but without interest
10. Pros ided that this Agreement shall be effectne to create an interest only it the subdnuion control pros isions of the Planning Act are
complied with by the Vendor on or before completion and Vendor hereby consenants to proceed diligently at his expense to obtain any
necessary consent on or before completion.
II. The Vendor warrants that theVendasr and all Grantors who will make consesance herein are and will he on the day of closing residents of
Canada and the Vendor shall supply adequate esidence thereof at or before closing ser,in the alternatise.es idcnce that the pros isions of
the Canadian Income lax Act regarding payment to non-residents shall he complied with at or bt'toreclsising and the l'urchaseragrees
that if he is a non-resident of Canada at the time of the completion of the within Agreement of Purchase and Sale that hew ill pay such tax
as may be les ied and imposed from time to time under the I and I ranster las Act(Ontario)applicable to non-resident purchasers.
12. The Vendor warrants that the use to'which the property is presently being put is in conformity with the pros isions of allexisting,ontng
by-laws.and if such use is not in conformity therewith,unless such use is a legally non-conforming use.the Purchaser at his option shall•
he entitled to cancel the agreement and that there he refunded to him all monies paid under the agreement hut without interest.
I J Fuel-Electricity,Rentals.Mortgage Interest. l axes.I tical Improsemcnt a.id W cies Rates.to be apportioned and allowed to date above
fixed for completion of the sale.
14 This offer,w hen accepted,shall constitute a binding contract of purchase and sale and time shall in all respects he til the essence hereof.
15 It is agreed that there is no representation.warranty.collateral agreement or condition affecting this Agreement or the real property or
supported hereby other than as expressed herein in writing
16. All buildings and equipment upon the real property.shall he and remain at the risk of the Vendo•until closing.Pending completion of the
sale,the Vendor will hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the
event of damage to the said premises the Purchaser may either base the proceeds of the insurance and complete the purchase,or may
cancel the Agreement and have all monies theretofore paid returned without interest.
17. Deed or transfer to be prepared by the Purchaser's solicitor and the registration thereof shall he at the cost of the Purchaser and any
mortgage to he gis en hack by the Purchaser to the Vendor shall he prepared at the cost of the Purchaser by the\endur's solicitor and the
Purchaser shall pay for the registration thereof and for any Sheriff's certificate II Vendor is a trustee,deed or transfer is to contain
trustee cosenants only and mortgage is to he on the usual long form
18. This offer and its acceptance is to he read with all changes of gender or number required by the context.
19. Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is required and it
shall be sufficient that a negotiable.certified cheque may be tendered in lieu 01 cash or currency.
20. The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms hereof.
DATED at (1-1 at'''. this day of `1le'e A.D. 19 .13
SIGNED.SEAI.ED AND DELIVERED IN WIl NESS whereof I hase hereunto et my hand and seal
in the presence of: l
)�ur. / 1.
THE UNDERSIGNED HEREBY ACCEPTS THE ABOVE OFFER.
DATED at this day of A.D. 19 ....
SIGNED.SEALED AND DELIVERED IN WITNESS whereof I hase hereunto set my hand and seal
in the presence of:
•
i%endon
40
The Undersigned Spouse of the Vendor hereby consents to the disposition es idenced herein pursuant to the pros isions of f he Family Law
Reform Act.S.O. 1978.C.2.as the same may be amended from time to time
In consideration of the sum of One Dollar(SI 001 the receipt of which from the Purchaser is hereby acknowledged.the Undersigned Spouse
of the Vendor hereby agrees with the Purchaser that he she w ill execute all necessary or incidental documents to gis a full force and effect
the sale evidenced herein.
WITNFSS st'tit sr
1 hase read and clearly understand this Agreement of Purchase arid talc and I ayknos.ledge hasiiig recessed a true copy of it on the
day of 19
I hereby authorise Agent I hereby authori/c Agent
to forward a copy to my solicitor. to Iorward a copy to my solicitor.
Vendor's Solicitor Purchaser's Solicitor
Address '\ddress
Telephone No. I cicphunc No
Vendor's Signature(s) Purchase(\Signature(%)
,
Vendor's Address Purchaser's Address •
,
Telephone No. Iclephonc No.
, :u
C't1.. q 7-1z
AGREEMENT OF PURCHASE AND SALE .E.B.O.C. Form 3A
• February 1982
The undersigned. .The.Co.rporation..of..the..Village..af..Por.t..B.urweLl
(herein called"Purchaser")ha%ing inspected the real property hereby offers to purchase
from Lore.en.and.-Har.vey.Ne.ville (herein called-Vendor-)
t
.all and singular the premises on the .West., side of ...Milton- Street
e .VilLage-of-Port .Bufwell and know n as Municipal\o Ia1 .2.5
Plan ..12 haling frontage of 66 .fee.t ind depth of 13.2..f.ee.t
all measurements being more or less.therein called"the real property")at the price of
Three Thousand 1n0l1.1r,(S 3000.00 )
of lawful money of Canada.payable cash cheque dated May 27, 1987 To the Solic Jor Dollars
IS Do the Agent for elle Vendor as a deposit to be held h such \gent pending completion or other termination of this Agree-
ment and to he credited on account of purchase money on closing. and the Purchaser agrees to pethe balance as follows-
The Village of Port Burwell agrees to transfer to the Vendors
Lot 23 on East side of Shakespear Street upon completion of this
transaction.
III
The Village agrees that the Vendor may lease the use of the subject
land from the Village to continue the use as a propane storage site,
until such time as the Village requires the land fes- other ^
(Estimated September or October of 1987 ) The cost of the lease to be
$2.00 per annum.
This offer is conditional upon the purchaser obtaining signed
agreements of sale on two other parcels of land on or before
June 1, 1987 at 11:00 a.m. Should the other offers not be accepted
then this offer is null and void and the purchasers deposit is to be
returned in full without penalty or interest .
The Purchaser agrees that they have no objection to the Vendor
moving the propane storage station to Lot 23, Plan 12 Shakespear Street .
I it the principal sum of the first mortgage arranged as aforesaid exceeds the minimum ahose specified.then the mortgage green by the
Purchaser to the\endor,if am,shall he reduced by the amount of such excess hut all other terms oI the said mortgage hack shall remain
the same
2. Unless otherwise pros ided. the real property shall include all appurtenances and fixtures relating to the real property and without
limiting the generality of the foregoing shall include storm and screen sash and doors.electric light fixtures
all such a,arc presently on the real property and all of w hich the Vendor warrants ow nership.free and clear of liens and encumbrances.
excepting the following items which arc not included in the purchase price
. The following equipment is rented and the Purchaser agrees to assume the rental contract and sage harmless the\endor thereunder.
11111
4. In thee'ent of this Agreement being executed by the\endor or Purchaser prior to execution In the other and until executed by the other.
this Agreement shall constitute an irres ocahle offer to sell by the Vendor or to purchase by the Purchaser as the case may he until
...11:.01:)f m pm nn the ..First day of June 19 .87
alter w hich time.it not executed and delisered hs the other.such offer shall be null and sold and all deposit monies shall he returned
aithaut interest.
5. I hi,transaction of purchase and sale is to he completed on or helore the 29 d.r, ii June 1987,
on which date sacant possession of the Real Property is to he go en to the Purchaser.unless otherwise pros herein
6 I he Purchaser is to he allowed .10 days horn the date of acceptance herein!to examine the title at his own expense If.within that
time.any salid objection to the title is made in a ruing to the\endor.which the\endor shall he unable or unwilling to remoi e.and which
the Purchaser will not wail e.this agreement'hail.not a thstanding any intermediate acts or negotiations in respect of such objection.be
null and cord.and the deposit shall he returned by the\endor without interest and he and his Agent shall not he liable for any costs or
damages ',aye as roans s,tlid ohreetion so meds within sus h tone.the Purchaser sh ill he conclusisels deemed to hay assepred the title
of the\endor In the teal pi pert\.
7 I he Vendor shall pros ide.at his expense.a description nI the real property in a Iona acceptable to the I and Registrar for registration
X. Pro%ided the title is good and free front all encumbrances.esaept as aforesaid.and except as to any registered tight oI way or other
registetedeasements.t;gistetcdtesti',tions or sr,en.uosAltiinseit•iitic:and pt.is I'd sits Iijt ennritphieil a it Ii.i he l'urcfi;iscr is not to
%.ill for production of any title deed.abstract or other ex idols,.of ink e\sept such as arc in possession of the\endor
�•• s
9. 1 he Vendor warrants that he has not.as at the date and time of the acceptance of the w ohm offer receis ed any written orders or w ritfen
requests from any municipal or other goscrnmentalauthority pursuant to which any work.repasts or replacements are required to be
performed in respect of or installed in the real property and pursuant to such warranty the Purchaser shall he relieved and exonerated
from any obligation to make any ins estigation in respect thereto.II the Vendor has wets ed.at or prior to the aforementioned date and •
time any such written orders or requests which has e not then been complied with the Vendor shall produce the same to the Porch-
inspection and in the event that any such orders or requests has been receiv ed by the Vendor regardless of their non-productit
Purchaser.the Purchaser may.at his option declare the within agreement to he null and void and all deposit and other mon,..
hereunder by the Purchaser shall be returned to the Purchaser hut without interest.
10. Provided that this Agreement shall be effect ise to create an interest only if the subcis ision control provisions of the•Planning Act arc
complied with by the Vendor on or before completion and endor hereby convenants to proceed diligently at his expense to obtain any
necessary consent on or before completion.
II. The Vendor warrants that the Vendor and all Grantors who will make consc'.ancc hercin arc and will be on the da)of closing residents of
Canada and the Vendor shall supply adequate es idence thereof at or before closing or.in the alternative.es idence that the pros isions of
the Canadian Income Tax Act rcgardin.!pay ment to non-residents shall be complied with at or before closing and thc Purchaser agrees
that if he is a non-resident of Canada at the time of the completion of the within Agreement of Purchase and Sale that he will pay such tax
as may he Icy red and imposed from time to time under 1 he Land !ramie! I as Act(Ontario)applicable to non-resident purchasers.
12. the Vendor warrants that the use towh ch the property is presently being put is inconformity with the pros mons of all existing/rifling
by-laws.and if such use is not in confornutk therewith.unless such use is a legally non-conforming use.the Purchaser at his option shal
be entitled to cancel the agreement and tht there he refunded to him all monies paid under the agreement hut without interest. M
11. Fuel.Electricity.Rentals.Mortgage Interest.lases.Local Improvement and W atcr Kates.to he apportioned and allowed to date abuse'
fixed for completion of the sale.
•
14 This offer.w hen accepted.shall constitute a binding contract of purchase and sale and time shall in all respects he of the essence hereof.
15. It is agreed that there is no representation.warranty.collateral agreement or condition allecting this Agreement or the real property or •
supported hereby other than as eitpressed herein in writing
16. All buildings and equipment upon the real property shall be and remain at the risk of the Vendor until closing.Pendingcompletion of the
sale.the Vendor will hold all insurance policies and the proceeds thereof in trust for th&parties as their interests may appear and in the
event of damage to the said premises the Purchaser may either have the proceeds of the insurance and complete the purchase.or may
cancel the Agreement and have all monies theretofore paid returned without interest.
17. Deed or transfer to be prepared M the Purchaser's solicitor and the registration thereof shall b±c at the cost of the Purchaser and any
mortgage to he'risen back by the Purchaser to the Vendor shall he prepared at the cost of thc Purchaser by the Vendors solicitor and the
Purchaser shall pay fur the registration thereof and for an Sherd I's certificate. II%endor is a trustee.deed or transfer is to contain
trustee covenants only and mortgage is to he on the usual long form.
18. 1 his offer and its acceptance is to be read with all changes of gender or number required by the contest.
19. Any tender of documents or money hereunder may he made upon the solicitor acting for the party on whom tender is required and it
shall-.he sufficient that a negotiable.certifi.d cheque may he tendered in lieu of cash or currency.
20. 1 he heirs.executors-administrators.successors and assigns of the undersigned arc Mound by the terms'hereof
DAIEDat PQXt.J I-W.10A 1, tale 7 da of M4y A.D. 19 .0.7
SIGNED.SEALED AND DELIVERED IN N Il NESS tee 1 hase he . my a•., d seal
in the presence of: •
... 1 il'mtb...en 40
..,41'?kV4ip!,;( Subject - - • •va by Council by by-law.
THE UNDERSIGNED HEREBY ACCEPTS 1HE ABOVE OFFER.
DAT ED at ... -L /. day of A D. 19 .a�
SIGNED.SEALED %ND DELIVERED I?: H I I NESS ss her of 1 have h eunto set my hand and seal
in the presence of:
a. 40
40
Or'f'Pl;% ao„
It.:tics of the PeeCe
1 he Undersigned Spouse of the VendorttiMitki giggis to the disposition es idenced herein pursuant to the prosisions of I he Family law
Reform Act.S.O. 1978.C.2.as the same may be amended frons time to time.
In consideration of the sum of One Dollar(SI 00)the receipt of which from the Purchaser is hereby acknowledged.the Undersigned Spouse
of the Vendor hereoy agrees with the Purchaser that he she will execute all necessary or incidental documents to glee full force and el fed
the sale evidenced herein.
wlt%lss %Pout
I have read and clearly understand this lgrecment of Purchase and Sale and 1 acknowledge has ing recto ed a true copy of it on the
day of 14
I hereby authorise '.gent I hcreh,authori#e Agent
to forward a cors to my solicitor. to forwaid a copy to my solicitor.
Vendor's Solicitor Put chaser's St1hcitor
Address- Address:
Telephone No. telephone No. •
Vendor's Sikn.ourets) ........... ............ .... . . Pm.b.ser'.♦ignaturcts)
Vendor's Aderess . ..-w ...- Purchaser's Address
Telephone\. Tckphane Nu.
[ ._
F
THE CORPORATION OF THE
• VILLAGE OF PORT BURWELL
BY-LAW 87-13
Being a by-law to set water
and sewer user rates in the
Village of Port Burwell .
WHEREAS by Chapter 302 R.S.O. section 218 paragraph ( 16 )
the Council of a local municipality may by by-law provide for
imposing upon owners or occupants of land who use sewage works a
sewage service rate.
WHEREAS Chapter 302 R.S.O. chapter 218 paragraph 2 and
R.S .O. Chapter 423 section 12 , 27 and others provides for
imposing rates, regulating, metering , measuring and collection
frequencies , methods for water and sewer rates.
THE Corporation of the Village of Port Burwell hereby
enacts :
1 . That all users of Port Burwell Municipal Water System are to
have their water supply metered.
2 . The meter, remote readout and meter connections are owned by
the Corporation.
3 . The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken, except by a Corporation
representative.
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficent space, with unhindered
visibility and access close enough for reading with the naked
eye .
5 . The utility user or occupant may enclose the meter.
6 . The meter is not to be altered, defaced, or changed in any
manner.
7 . The meter is to be installed without a valve between the
meter and the exterior stop cock .
8 . There are to be no T's or supply splits between the stop cock
and the meter.
RATES :
11/11 1 . All metered users shall pay $8. 50 for the first
1 ,000 imperial gallons of water metered each month, and an
additional $8. 50 for each 1 ,000 gallons METERED each month in
excess of THE FIRST 1 ,000 gallons METERED per month .
2 . Where municipal sewers are connected to the
metered supply, the sewage service rate shall be $4 . 50 for
the first 1 ,000 imperial gallons METERED each month , and an
additional $4 . 50 for each 1 ,000 gallons METERED in excess of
7,11.
1 ,000 gallons per month . This amount to be based on the
water meter reading.
3 . Metered users shall receive a minimum bill for
41/
the first 1 ,000 gallons a month irregardless if it is used.
4 . Metered USERS may receive a bill which is the composit of
both water and sewer charges which are $13 .00 for the first
1 ,000 gallons ( if a user is connected to both sewer and
water) and $13.00 per each 1 ,000 gallons METERED there after.
5 . Commercial and industrial metered users shall pay a rate
that is the same as the metered residental users .
6 . Customers of occupied residence and businesses shall pay a
monthly rate equivilant to eight thousand METERED gallons
water and sewer if meter readings are unavailable or
tampered.
7 . Unmetered customers of abandoned homes or businesses shall
pay a rate equivilant to 1 ,000 gallons upon approval by
resolution of Council .
8 . All customers shall be entitled to one free turn on or turn
off per calender year, and each turn after this shall be
charged at $15 .00 . This charge shall be levied in case of
turn off for non payment of account .
9 . All work performed on private property shall be charge at the
current rate and is to be due on rendering of account. This
charge is to be a lien on the property and is to be collected
as an extension or addition to the water/sewer bill .
10. Should a municipal sewer be hooked to a private water supply,
the rate shall be $11 . 25 per month .
11 . Any out of Town user shall pay a rate of 1 1/2 times the
in Village user.
12 . No person may use water from a fire hydrant ,with the
exception of fire departments .
Any persons who contravenes this by-law is subject to a fine
of up to $1 , 000. 00 upon summary conviction.
THIS by-law repeals and resinds all other previous by-laws
that determine user rates .
THIS by-law to come into effect on July 1 , 1987 at 1 :00 A.M.
THIS by-law does •t replace the P.U.C. Act R.S.O. Chapter
423 . g
-l � i1.17z7197
MOVED BY 4I„ ED BY -
THAT by-1 . -13 �• a first time . Rea• d carri - i r
MOVED BY ,. ,` SECONDED BY A7_ — 2� ��
THAT by-la 87 -410( second tine. Re . . i ,f id with.)
MOVED BY :. % ���.� SECONDED BY I fr . . . l� /
Z t P
THAT by-law 7-1 .1;, read a third time. 'eading dia . -need with ,
Ilpfinal ass- • .
•41"" • " /43/ REEVE CLERK
1/1
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW 87-14
Being a by-law to ammend the
current lease between the
Corporation of the Village of
Port Burwell and Long Point
Conservation Authority.
WHEREAS the word "Lessor" appears in the fourth Livne
of the first complete paragraph on page 6 is no doubt a
typographical error.
THEREFORE be it enacted that the Reeve and Clerk authorized
to sign a new le'ase with the subject word "Lessor changed to
Lessee" all other terms and conditions to remain unchanged.
THE subject lease is attached marked exhibit "A" and
forms part • th' . b law. '`i
MOVED BY / P. „ . 1 SECONDED BY 0 A [. t
That by-17W number 1:7- 4 be read a first time. Read and
carried.
MOVED BY .�2. P (C.<.�v� SECONDED BY , `�'�-1,---". _____
,d r�9
That by-law 87-14 be read a second time. Readi dispensed
with.
MOVED BY f �`. -----_ SECONDED BY ..4t , l .Ml
'6,'9 That by-law umber 87-14 be read a third time. R�di- ___
dispe sed with, finally passed and /-rried.
/ 1. 71) ,-41.5P.Of
Reeve - '0 ,` _ Clerk
0
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BYLAW 87-15
BEING A BYLAW TO AUTHORIZE AN "OFFER TO SETTLE " RE: THE OLD
BAPTIST CHURCH.
WHEREAS THE COURT ACTION TO SETTLE THE OWNERSHIP OF THE OLD
BAPTIST CHURCH APPEARS TO BE BEYOND THE FINANCIAL LIMITS OF
THE CORPORATION :
WHEREAS THE ATTACHED "OFFER TO SETTLE" FORMS PART OF THIS BY-
LAW AND IS MARKED APPENDEX "A' :
WHEREAS THE CORPORATION IS DESIREOUS SIGNING THIS AGREEMENT:
THE REEVE AND CLERK ARE HEREBY AUTHORIZED TO SIGN THE "OFFER TO
SETTLE" ON BEHALF OF THE CORPORATION OF THE VILLAGE OF PORT
BURWELL:
i
MOVED BY LA, ,., SECONDED BY 4-4 ,d-e--_ z/))2;:r��i C
THAT BYLAW 87-115/ E R• ' FIRST TIME. READ AND RRRIED
r � ,�
MOVED BY . _ I _ SECONDED BY k . 1 �■ .� .
THAT BYLAW 587-1 , :8 • ' SECO TIME . READ AN' I Ba
•
` I
MOVED BY /11.. SECONDED BY _ „„THAT BYLA t ' 7-15 BE BEAT A THIRD TIME. READING DISPE SED
111)
WITH FINALLY PASSED AND CARRIED.
JULY 13, 1987
ise
REEVE 1 C
)1 I31 ,11
r A „
137/e, 87- 1c
File No. 1968
SUPREME COURT OF ONTARIO
BETWEEN :
MICHAEL ROBERTS and
TONI VANMILLIGEN
Plaintiffs
- and -
NORMAN J . BARBER ,
NEVA E . BARBER ,
ELWOOD VARTY and
THE VILLAGE OF PORT BURWELL
Defendants
OFFER TO SETTLE
The Defendants offer to settle this proceeding on the
following terms :
1 . The Defendants waive all claims to the church building
described in paragraph 7 of the Statement of Claim .
2 . Tne Defendant municipal corporation acknowledges that the
Plaintiffs are entitled to a demolition permit and will direct the
issuance of same to the Plaintiffs .
- 2 -
•
3 . The Plaintiffs shall complete the demolition of the church
• building by September 30, 1987 by removing all building materials
and leaving the site in a neat and level condition .
4 . In the event that the work required in paragraph 3 has not
been completed by September 30 , 1987, the Plaintiffs shall be
jointly and severally liable to pay the Defendant Norman Barber the
sum of $30.00 for each day that such default continues , unless such
default results from an act of God, the actions of the Queen ' s
enemies , or other cause beyond the control of the Plaintiffs .
5. The Plaintiffs and the Defendants release each other
jointly and severally from all claims and causes of action which in
any way arise out of or concern the matters described in the
Statement of Claim , and agree not to take any proceedings which
might result in a claim for relief over respecting these same
matters or their consequences .
6. Upon acceptance of this offer to settle , the Plaintiffs
shall assume all risk and responsibility for the condition of the
building and shall remain liable for all activities associated with
demolition during the work required in paragraph 3 . The Plaintiffs
further agree to confine work to between the hours of 7 : 00 a .m. and
- 3 -
9 :00 p . m . daily and will take all reasonable steps to avoid
• interfering with the reasonable enjoyment of the Green Acres
Campground by the tenants and guests of Norman and Neva Barber .
7. The Plaintiffs and the Defendants consent to the dismissal
of the within action without costs .
DATE: July 10, 1987 SISKINO , CROMARTY
Barristers and Solicitors
471 Waterloo Street
TO : LERNER & ASSOCIATES London , Ontario N6B 2P5
Barristers and Solicitors Barry R . Card
80 Maple Street ( 519) 672-2121
London , Ontario N6A 1K4
T . M. Conway Solicitors for the Defendants
( 519 ) 672-4131
Solicitors for the Plaintiffs
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
Per : t
Per: Ailiggill
EL I ' s AR-T •
on his or behalf /
z )/ rr/
N RMAN J._ BARBS
NEVA E . BARBER
MICHAEL ROBERTS an
TONI VANMILLIGEI
- and -
NORMAN J . BARBER ,
•
NEVA E . BARBER ,
ELWOOD VARTY and
THE VILLAGE OF PORT
BURWELL
( for Judge ' s use only)
SUPREME COURT OF ONTARIO No . 1968
PROCEEDINGS COMMENCED AT LONDON
OFFER TO SETTLE
SISKIND , CROMARTY
Barristers and Solicitors
471 Waterloo Street
London , Ontario4111
N6B 2P5
Barry R . Card
( 519) 672-2121
Solicitors for the
Defendants
BRC/jm
12302
By-Law Number 87-16
b
Being a by-law to lease a portion of
land adjacent to the Lighthouse on
Robinson Street.
WHEREAS Chapter 302 Section 208 paragraph 57 grants Council
the authority to enter into an agreement for the
III management or maintenance of an area which is of
public interest.
COUNCIL thereforenacts that the attached lease which
forms part of By-law number 87-16 and is marked
appendix "A" be signed by the Clerk and is to
come into effect on passing of this by-law.
This by-law to come into effect on date of passing.
MOVED BY . ,..„. , ":_____ :ECONDED BY ,, DATE(2ro (7
That by-law 'umber 87- 6 be read a first time. Read and card
0 MOVED BY Kp�, � =�J1f►►� . SECONDED BY DATE �° �7
That m
by-law nub r 87-16 be read a second time. Reading
9
dispensed with. ��G
MOVED BY �r'Y . SECONDED BY ` r
That by-law 87- 6 be read a third time. eading dipensed wit ,
finally passed and ca Tied.
/O.M LI. Li,.ON un U IT►O •I•1.0.•.• Co Ue,..G ,.3 ..01.1
�� ..
••461.a..;114.”. O.,r►,SC..I:..Gucw
Reaqemade the 7`y day of at-3
one thousand nine hundred and eighty-seven J
In pursuance of the Short Forms of Leases Act
pct a CRR
• Bradcr8nex
herein called the "Lessor."
of the First Part
and
The Corporation of the Village of Port Burwell
herein called the"Lessee"
of the Second Part
1%IT\[SSFT1l, that in consideration of the rents, covenants and agreements hereinafter
reserne,l and COnt.nn d on the part of the Lessee, the Lessor doth demise and lease unto
the I c.,ee, his csecuturs. a,lmini,tratu`s and as ugns, all that mes,uage or tenement sit
uatt, Ding and being s nears lana Jt:
Robinson Street South from the
Lighthouse for approximately
200 feet and from Robinson Street
West for approxim ely 70 feet.
111)
•
A
•
TO HAVE AND TO HOLD the said demised premises for slash dur.r.g the term of
' tl six It - 1.14:1to Le computed from the I I r st day of July
(I i� one thousand nine hundred and ,.t.it,txsn and from thenctfor,h ctxt er,sulne
k! I t..Lt coos lite .Ica. ,.n tlos 14th day of October 1988
t,nlo6s otherwise terminated.
YIELDING AND PAYING therefor oso 1'• ani ever.
� year Aurin;; the said term unto the
said Lc..znr:he sum of Tt'.O ( $2.00
dollars,
to tie payable on the following days and times, that is to say:
•
On the first day of July, 1988
the-fast-of sn t4e pa±•rmYt tate-irreorrie-ire-o -be it+ede-en-thee-
•
da y-crf n ret-a rt&the last-pa ere esti-to fecorne-tftre and
Le paid in-adsanse•oii--1ha - -a1as-4A
THE Lessee covenal:ts that he will not do or permit to be done on the said premises
anything which may be ani:o :n;; to the Lessor, or y.hich the Lessor may deism to be a
mai-.Ince, and that the Lessee will use and occupy the said premises as a shop or etore
and private dw'Jllr.g house only, and will n,t carry on or permit to be carried on therein
any trade or business other than that of
AND the said Lessee covenants with the said Leacor to pay rent; and to pay tare•,
ir,lludieg local improvement.; acd to pay watir rates; and to repair, reasonable wear and
t.•:.r ao.l ,Menage I,) tire, lightning and tempest only excepted; a.:,1 in beep up fences; and
not to cut down timber;an I that the said Lessor may enter and view state of repair, and
that the said Lessee will repair according to notice in writing reasonable wear and tear
and damage by fire, lightning and tempest only excepted; and will not assign or soh-let
without I,:.•e, a1,t sdsh t'.,::-cut troy, un,wilh•tan.ling ties oruvi suns of lection 22 of
Chapter 232 of the Ce',t-t d Statutes of Ontario 1960, b arbitrarily refused b; the Lessor
in his sole and uncontrolled discretion.
AND w ill nut carry on upon the said premises any business that may be deemed a nuisance.
AND that he wia I:ave the premises in good repair, reasonable wear and tear and damage
by fire, lightning sand tempest only excepted.
TIIE lessee covenants that he is the sole owner of all goods and chattels that are to be
brought upon the premises, and that they are free from any mortgage, lien or other
charge.
I'f:OVIDED that the Lessee may remove his fixtures if all rent due hereunder has been
pail.
PROVIPF..D-that-In-the er t-of-fire-lighteiris-er ten pet; rent-sh'sll-eras nr Mil-the
[.rer1.isoe-ol a-rebuilt---
PfiOVIDED that, in the event of the destruction or partial destruction of the said
premises, the Lessor may declare the term hereby granted to be forthwith terminated,
arJ in such event rent shall be palable up to the time of such destruction or partial
destruction.
PT:OVIPED also that during the L t.two_ortkcr4-tela said term any stran^er or
strsing(ri may irs;ect the sail pro mi-e-'. en any day except Sunday, on producing a
written order to that e:lcct signed Ly the Lessor.
f'I:t11 IItr:I) that the Lessor may place upon the said premises at any time during the said
term a notice that the said premises arc for sale, and within two mr:lths prior to the ter-
mination of the said tern' may place a e„ti:e on the said premi-es that they are to lie let,
at:.l the Lessee agrees that he will not remove such notic,s, or pern.lt them to he removed.
I'fO1'IPED also that if the term hereby granted, or any of the goods ant chattels of the
l r,-ee, shall be at any tune sei'i•d or taken in execution or in attachment by any creditor
of the ears-.'e, or if a writ of cxecltiun shill i=.+::c against the goods or chattels of the
le:-ee, or if the I.t .-e shall execute an)' chattel mort'are or hill of sale of any of his
goods or chatt.Is, or if the I.e ce shall n,.ke any as,ienment for the Lecefit nt creditors,
or b.•conun,; l ar:lirn:' ins-I.vt t :1•_11 t_l:_ the teen• nt of any Act that may Le in force
for t:uil:rul.t or iu.olvt'nt debtor., or in case the said prelcl:es become vacant and Iln
r lnairl for the period of twentY da%•+, or I e used for an; other purpose
than that for whish they were let, or in case the Lessee .:hall attempt to atandon the v;aid
premises, or to s,I1 or dispose of his goods and chattels so that there wool l not in the
exer.t of sooli stale or disposal be, in the 01101on of the Lessor. a sufl.cient distress on the
rrenl-es [or the then accruing rent, thin the current nu,11h's roost, togethi r with the rent
for tie three months next a:eruinl; and tie taxes for the then current year (to he
recLr.r.ed on the rate for the next preceding year in case the rate shall n. t have bean fixed
for the then current year), at:alb Imo:,dl :.ly Lecorre doe an l Fa)able. and the said term
shall, lit the option of the I. --or, forth•.t.tIi Lecorre forfeited an l detern.iued. and the
I..,-.,r may re-enter and take possession of the sari In mi-es as th.•ngh test Leasee was
bolding over atter the exp:r..tion of the said term. and in every of the ai.nve caae,; such
taxes or acerst,l pin tom thereut sll..11 Le rclo\a.raIIe by the l.esur in the same manner as
the rent hereby rescrxed.
I'I:OI'II)RD that in cas• of removal by the Lessee of his goods and chattels from the
premises, the Lessor may folb,.. then) fir thirty li..}s in the same manner as is provi.IcJ
( for lel the Act Ile:Tee:mg l railJ4i,ai and Clandestine t:clhuv:.I of Gouda
TIIE i.essee covenants that he will not .la nr-permit to Le d.,re any art sir thing v.hich
r..:;y rr.' .e told or �••iJ.a!!• :.. r. -us-:.l.:e ci. .n ;.nc ..r i in there„f, upon the
Fool jean:.yrs. or ;•-hien .U.) Il.:r .s.•.t t.r :a.but,.d...i t :. h.huLl t. Lc i•a 'dl,le
:,r.y such ib-:u:ae:e.
MI. I ;•-re -!...il . .t :ill..ty an... :a-hes ref i-c. part .I.c or ;db.r 1.,, ;e or oLiectinnal.le
n;:,ta riot t-; :cur.:nl.•te in or about iha LIJ!,ling, yar.is or (al-,ages of the •ai,t prerraces,
aril ;;ill at all times kitp the said pr.'mi<.'s In clean and whole-r,mc conditi.n, ar.J shall,
Ilrmn,liatel.' before the termination of the ttrro hereby granted. wash the floors, wwindntts
and ;;oo.l;work of the said premises.
TIIE Lessee covenants that he will keep the sidewalks in front and at the aides of the said
premises free of snow and ice; and that the Lessee shall not, during the said term, injure
or remove any shade 4rees. shri.t here,he.iFc+ or ether tree or plant which may he in, upon
or ah,lut the said prey:ise+. and that he will keep in g,,..d condition the boulevard and
other sodded space; about the said premises.
Pi;O1'lS0 for re-entry by the said Lessor on non-payment of rent or non-performance cf
covenants.
PRnVIi/ED also that in the case of a seizure or forfeiture of the said term for any of the
causes herein set forth. the Less..r hull have the same r:iht cf re-entry as is given under
the next Irecedlr.g proviso.
• PROVIDED that notwithstanding anything herein contained the Lessor's right of re-
entry hereunder fcr non-payment of rent or non-perfcr;::ante of covenants shall become
exercisable immediately upon default being made.
TIIE said Lessor covenants with the said Lessee for quiet enjoyment.
IN consideration of the foregoing and of the leasing and letting by the Lessor to the
I.e-see of the premises hereby demised for the term hereby granted (and it is upon that
express understanding that this indenture is entered into), the i.essee hereby covenants
end acmes with the Lessor that not'nih-L-nding anything in Section 30 of Chapicr 232
of the Levi=ed Statutes of Ontario 1930, or in any other section of the said Act, nr in any
other Act now in force or which may hereafter he passed, none of the goods or chattels of
the I.'`,ce on the said prcmi,es at any time during the continuance of the said term shall
Let xempt from levy by distress for rent in arrear by the Lessee a3 provided for by any Act
above referred to. and that upon any claim being made for such exemption by the Lessee,
or on distress being made Ly the Lessor, this covenant and agreement may be pleaded as
an estoppel against the 1Assee in any action brought to test the right to the levying upon
any such goods as are named as exempted in any Act shove referred to.the Lessee waiving,
as he hereby does, all and every benefit that could or might have accrued to him under
and by virtue of any such Act but for the above covenant.
AND it is- hereby-agreed between-the parties-hereto{Fat-shovM-thee-Lr_see-remafrrttr
-r'_ses a r eE the ssld r=is-s aft-re the deaet-r.:ir-aricn of-the-term-htretry-granted-
-without -et her-s ecial-agree-ext,-it-at:aH-be-as-ar..certhly-te-arit-orly,-at-a zertat-of
$- per tr.enth-pay aLle in aJvnnee en the- day of every-
rtorth,-and-subject ire ether r.-_peel-t.,-tl,e-tends•of-this-lease:--
-Tl1 h Leasee hereby acs.nowirdgrs1hsthrhrmTecet.ed keys-rf the acid preiarisesr,
-ahiele he agrees-to return-open gust ting the-said premises.
Schedule "A” attached hereto forms part of this Lease.
IT iS agreed between the parties hereto that every covenant, proviso and agreement
herein contained shall enure to the beneflt of and be binding upon the parties hereto, and
their heirs, executors, admini:trn tors, successors and assigns, and that all covenants
herein contained shall Le construed as being jrint and sever.,l, and that when the context
so requires er permits the singular number ;hall he read as if tie plural acre expressed,
and the masculine gs.nJLr as it the feminine or neuter, as the case may Le, were expressed.—
�li 1l11II1C >3 albcrcot the parties hereto have hereunto :et their hen.--anti•seals
calc0 a1nO deur:rc1
in the presence of
/• 6 7 THE COR..
OF THE V I.I.'
OF PORT Bt'Rt:ELL
x:11 ,
/D Ron Bradfiel
For Bradcranex
r
11
srurntILE "A"
To the Lease dated the /c7 day of C
1vd7. 1
11.
110 Between Bradcranex
(the "Lessors" ) and
"Lessees" ) The Corporation of the Village of Port Burwell
1 . INSURANCE
The Lessee shall take out and maintain, with
respect to the premises and the Lessees use thereof,
• insurance policies of all risk, earthquake, flood
and public lic- bility coverages up to such limits
as the Lessor may f-rom time to time reasonably determine
and will provide certified copies of such policies
to the Lessor.
2. INDEMNIFICATION BY LESSEE
The Lessee shall indemnify and save harmless
the Lessor from any and all liabilities, damages,
costs, claims, suits or actions growing out of :
la) any breach, violation or non-performance
of any covenant, condition or agreement in this
lease set forth and contained on the part of
the Lessees to he fulfilled, kept, observed
and performed, and
(b) any damage to property howsoever occasioned
by the use and occupation of the Demised Premises
and Complex or of the buildings, structures,
improvements, fixtures, equipment , machinery
and facilities comprised therein and any injury
to any person or persons, including death resulting
at any time therefrom, occurring in or about
the Demised Premises and Complex or any building,
structure, improvement, fixture, equipment,
machinery or facility comprised therein and
arising from or occasioned by any cause whatsoever,
•
Sck.r.iule "A" - I'.a.]e 2.
ar.1 ,,uch in.i „ r. i t i ;c i..r, in ..f such
10 breach, violation or non-performance, damage to
property, injury or death occurring during the Term
shall survive the termination of this Lease, anything
in this Lease to the contrary notwithstanding.
If the Lessor shall be made party to any litigation
cor.mecned by or against the Lessees, then, unless
• in such litigation or otherwise it shall be established
that the Lessor was solely at fault, the Lessees
shall protect,, indemnify and hold the Lessor harmless
and shall pay all costs, expenses, and reasonable
legal fees incurred or paid by the Lessor in connection
with such litigation. The Lessees shall also pay
all (15..
expenses and legal fees (on a solicitor
an.) his client basis) that may be incurred or paid
by the Lessor in enforcing the terms, covenants
and conditions in this Lease.
3. TERMINATION
This Lease may be terminated prior to the expiry
of the terms by either party by the giving of Thirty
( 30) days written notice, effective on the date
delivered, at the following addresses:
Lessee: Village of Port Burwell ,
P.O. Box 299,
Pitt Street & Erieus Street,
Port 11.irc:.11 , Ontario.
NO.1 1TO
Lessor: Ron Bradfield (Bradcranex) F:
b Bridge Street
Port Burwell. Ont.
NO] 1TO
I
By-Law number 87-17
1111 Being a by-law to authorize the purchase
of certain lands.
WHEREAS The Corporation of the Village of Port Burwell is
authorized by Section 193 Chapter 302 to pass by-laws
acquiring land for Municipal purpose.
WHEREAS The Corporation is desirous of acquiring land to
hold in trust for the Port Burwell Non Profit Housing
Corporation to contract a rent geared to income
Senior, Citizens Building.
THE attached agreements of purchase and sale dated August3, 1987
forms part of by-law and is marked appendix "A".
THEREFOR the Clerk is authorized to sign documents on behalf
of the Corporation in connection with this transaction.
THE Treasurer is authorized to pay the necessary funds to
complete this transaction.
THIS by-law comes into effect on date of passing.
MOVED BY '
� ,�-,— �Q., _O N D E D BY � � DAT:(4.7. l cIA T
That by-lav! - 7-17 be read a first time. Read a d
carried.
MOVED BY
SECONDED BY �,, J - ', DATFClc�/%'
That by-law 87-17 be read a second time. Re; , ng dispensed
with.
MOVED BY Plc( SECONDED B �� ,_ _ __ '►ATEat y0'1
That by-law 87-17 be read a third tim- . Reading dispensed
with, finally passed and carried.
• � �� / Reeve, �✓ C,erk
• • AGREEMENT OF PURCHASE AND SALE R E BOC Form 3A
February. 1982
!he undersigned. The Corporation of the Village of Port Burwell
therein called"Purchaser")has mg inspected the real pro ny hereby offers to purchase
from Loreen Neville and Harvey Neville (herein called"Vendor")
XiXJGAX..Not.applicable C •
Imran roTtten).allandsingularthepremisesonthe .Ea t... sideof S.hakes.ReaX..Stree.t
Village of Port Buorroe11 and known as Municipal No lot 23
..12..... ha%ingiteMagee— rear. of..io.t..o.f.66..f.eet
and depth of ...30..f.e.et
all measurements being more or less.(herein called"the real property")at the price of
Five Thousand XX Dollars(S 5000.00 )
of lawful money of Canada.payable cash cheque doted and the purchaser agrees to pay balanceollars 25
---ment and to he credited m ac ••
s•, ^i.sr p....h,•• titi•L.i . . _
tonal.,
To the Vendor upon completion of this transaction subject to the usual
adjustments.
The Vendor agrees to pay the cost of thier own solicitor.
•
The purchaser agrees at thier own expense to provide a suitable
survey.
The premises to be sold as is thirty feet off the very Eastern portion
of lot 23 plan 12 on the East side of Shakespear Street. The thirty
foot protion is to take the full 66 feet width of lot.
Lot 23 is further described by 11R2954 part 2, inst. 283135
I. If the principal sum of the first mortgage arranged as aforesaid exceeds the minimum chose specified.then the mortgage given by the
Purchaser to the Vendor,if any.shall he reduced by the amount of such excess hut all other terms of the said mortgage hack shall remain
the same
2. I:nless otherwise prosiJed.the real property shall include all appurtenances and fixtures relating to the real property and without
limiting the generality of the foregoing shall include storm and screen sash and doors,electric light fixtures
N.A.
all such as are presently on the real property and all of which the Vendor warrants ow nership,free and clear of liens and encumbrances,
excepting the following items which are not included in the purchase price
The follow ing equipment is rented and the Purchaser agrees to assume the rental contract and sale harmless the Vendor thereunder
Olio
N.A.
4. In the event of this Agreement being executed by the Vendor or Purchaser prior to execution by the other and until executed by the other,
this Agreement shall constitute an irrevocable offer to sell by the Vendor or to purchase by the Purchaser as the case may be until
.1.1•.ff. am pm.onthe Seventh dayof August 1987..
alter wfii�li time.it not executed and delivered hs the other.such oiler shall he null and s old and all deposit monies shall be returned
without interest.
S 1 his transaction 01 purchase and sale is to be completed on or before the ..28 day of August t9 87
on which date vacant possession of the Real Property is to be gisen to the Purchaser,unless otherwise pros ided herein
(i 1 he Purchaser is to be allowed ....days from the date of acceptance hereof to examine the title at his own expense. If,within that
time.any said objection to the title is made in w sting to the Vendor.which the Vendor shall he unable or unwilling to remove and which
the Purchaser w ill not waist.this agreement shall,notwithstanding any intermediate acs or negotiations in respect of such oo,lection,be
null and sold.and the deposit shall be returned by the Vendor without interest and he and his \gent shall not be liable for any costs or
damages Sase as to any valid objection so made within such time.the Purchaser shall be conclusis ely deemed to have accepted the title
of the%endor to the real property.
7. The Vendor shall pro%ide.at his expense,a description of the real property in a form acceptable to the Land Registrar for registration.
8. Provided the title is good and free from all encumbrances,except as aforesaid,and except as to any registered right of way or other
registered casements.registered restrictions or cosenants that run with the land,pros ided such are complied with.the Purchaser is not to
call for production of any title deed,abstract or other evidence of title except such as are in possession of the Vendor
•
9. The Vendor warrants that he has not,as at the date and time of the acceptance of the within offer received any written orders or written
requests from any municipal or other governmental authority pursuant to which any work.repairs or replacements are required to be
performed in respect of or installed in the real property and pursuant to such warrant}the Purchaser shall be relieved and exonerated
from any obligation to make any insestigaluin in respect thereto.It the Vendor has recessed.at or prior to the aforementioned date and
time any such written orders or requests which have not then been complied with the Vendor shall produce the same to the Purchaser for
inspection and in the event that any such orders or requests have been received by the Vendor regardless of their non-production tot h
Purchaser,the Purchaser may.at his option declare the within agreement to be null and void and all deposit and other monies
hereunder by the Purchaser shall be returned to the Purchaser but without interest.
10. Pros ided that this Agreement shall be effective to create an interest only if the subdivision control provisions of the Planning Act
complied with by the Vendor on or before completion and Vendor hereby convenants to proceed diligently at his expense to obtain,AI;
necessary consent on or before co/npletion.
II. The Vendor warrants that t he Vendor and all Grantors who will make conveyance eyancehereinareandwillbeonthedayofclosingresidentsof
Canada and the Vendor shall supply adequate evidence thereof-at or before closing or.in the alternative,evidence that the pros isions of
the Canadian Income Tax Act regarding pa ment to non-residents shall bc complied with at or before closing and the Purchaser agrees
that if he is a non-resident of Canada at the time of the completion of the within Agreement of Purchase and Sale that he will pay such tax
as may he levied and imposed from time to tim under 1 he t and 1 ransler lax Art(Ontanot applicable to non-resident purchasers.
12. The Vendor warrants that the use to which the pioperts is presently being put is in conformity w it h the provisions of all existing/oning
by-laws,and if such use is not in conformity therewith,unless such use is a legally non-conforming use,the Purchaser at his option shall
be entitled to cancel the agreement and that there be refunded to him all monies said under the agreement but without interest.
17. Fuel.Electricity.Rentals.Mortgage Interest.Taxes.I ocal Improvement and Nater Rates.to be apportioned and allowed to date above 0
fixed for completion of the sale.
14 This offer.w hen accepted.shall constiWtc a binding contract of purchase and sale and time shall in all respects be of the essence hereof.
IS. It isagreed that there is no representation.warranty.collateral agreement or condition affecting this Agreement or the real property or
supported hereto other than as expressed*erein fh writing. - -
16. All buildings and equipment upon the real property shall be and remain at the risk of the Vendor until closing.Pending completion of the
sale.the Vendor will hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the
event of damage to the said premises the Purchaser may either have the proceeds of the insurance and complete the purchase,or may
cancel the Agreement and have all monies theretofore paid returned without interest.
17. Deed or transfer to be prepared by the Purchaser's solicitor and the registration there,shall be at the cost of the Purchaser and any
mortgage to be given back by the Purchaser to the Vendor shall be prepared at the cost of the Purchaser by the Vendor's solicitor and the
Purchaser shall pay for the registration thereof and for any Sheriffs certificate.If Vendor is a trustee,deed or transfer is to contain
trustee covenants only and mortgage is to he on the usual long form.
IS. This offer and its acceptance is to be read with all changes of gender or number required by the context.
19. Any tender of documents or money hereunder may he made upon the solicitor aging for the parts on whom'tender is required and it
shall he sufficient that a negotiable.certified cheque may be tendered in lieu of cash or currency.
20. The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms hereof.
DATED at Port-Burwell this ....3..... day of.,.August A.D. 19 87.
SIGNED.SFAI ED AND DEI IVERED IS WI.1 NESS whave hereunto set my hand and seal—
in the presence of: l
E1 od V orporation of 10
‘,./. ./:&. ,
,� 2p the Village of Port~'Burwell-Subject to
.� ../: t1�.. ) ..apAr.o.va.l..by.by.-.1aw..o.f..CAunci...of.Aug..1QC/.8.7
O
THE UNDER' GNED HEREBY ACCEPTS illABOVE:Ol/FE p
DATED at .. (/(�.,b,ais.4.4„.. , .f.... .. this ...lD day of A.D. 19 0.
SIGNED.SEALED AND DELIVERED IN WIT siFSS whereof haye hereunto set my hand nd seal
in the presence of. /
/
,A,....„...., a,
41,
s ��`` I,Icz..e-c7,. ..ri
�y /
.&) lir
The Undersigned Spouse of the Vendor het.41605nsents to the disposition evidenced herein pursuant to the provisions of The Family Law
Reform Act.S.O. 1978.C.2.as the same may be amended from time to time.
In consideration of the sum of One Dollar(51.00)the receipt of which from the Purchaser is hereby acknow ledged.the Undersigned Spouse
of the Vendor hereby agrees with the Purchaser that he she w ill execute all necessary or incidental documents to give full force and effect to
the sale evidenced herein.
WITNESS %POI SF 4
I have read arid cicarl understand this Agreement of Purchase and Sale and I acknowledge having received a true cops of a on the
das ill 19
hereby authonir Agent I hcrehs authorise, Agent
to forward a copy to my solicitor. to forward a copy to my solicitor.
Vendor's Solicitor Purehaser's Solicitor
Address: Address
Telephone No. lelephone So
Vendor's Signature(s) Purchaser's Signaturels)
Vendor's Address Purchaser's Address
Telephone So. ;etcphone No.
.
By-Law Number 87-18
111 Being a by-law to settle the dispute with
Mr. VanMilligen and Mr. Roberts over the Old
Baptist Church.
WHEREAS The Corporation is desirous of no further court action.
BE it resolved that the attached agreement titled "Release"
be signed by the Reeve and Clerk and is binding
on the Corporation. �
MOVED BY 4,___42'G.,--12 �'i SECONDED BY �, EL DATE( ty. (o �7
That by-law number 87-18 be read a first time. Read nd cart'ie .
MOVED BY CONDED BY 4 Vi.- 24- DAT " 7
That by-law number 8 -18 be read a second time. Reading
dispensed.
MOVED BY \._ SECONDED BY �._ .. / lClf7
That by-law nu ser 87-18 be read a thi d ti 'eading /
dispe ed with, finally passed and carr • 1 .
%., 9 a ' Reeve, Ar Clerk
RELEASE
111 KNOW ALL MEN BY THESE PRESENTS that the undersigned in consideration
of the sum of Two Dollars ($2.00) and other good and valuable consideration
(the receipt whereof is hereby acknowledged) , doth hereby remise, release
and forever discharge MICHAEL ROBERTS and TONI VANMILLIGEN, their
respective heirs, executors, administrators, successors and assigns, of and
• from all manner of action, causes of action, suits, debts, dues, accounts,
bonds, covenants, contracts, claims and demands whatsoever which against
MICHAEL ROBERTS and TONI VANMILLIGEN, the undersigned ever had, now has or
which their heirs, executors, administrators, successors and assigns, or
any of them hereafter can, shall or may have for or by reason of any cause,
matter, or thing whatsoever existing up to the date hereof. And without
restricting the generality of the foregoing, the undersigned releases all
and any claims they may have against MICHAEL ROBERTS and TONI VANMILLIGEN
as asserted in Supreme Court of Ontario Action No. : 1968/87.
IN WITNESS WHEREOF we have hereunto set our hands and seals as of the
//C7' day of ,27...„r,. 1987.
SIGNED, SEALED AND DELIVERED )
In the presence of )
Norman J. Barber
eva . ar er--
(I) '4
) El wood to
U
4 e ) — 2 -
4WITNESS the Corporate Seal of the Village of Port Burwell , by its
officers, duly authorized•in Lhat behalf this •'' day of/�� .? , 1987.
THE VILLAG OF PORT BURWELL
C ' �- �C
Per: ho Zed Officer __--
Per: Ar^-
.0 ooze. I icer
L. -
•
' 1101
THE CORPORATION OF THE
VILLAGE OF -PORT BURWELL
BY-LAW NUMBER 87-19
•
Being a by-law to prohibit
• or regulate the keeping of
animals within the limits
of the Village of Port Burwell .
WHEREAS it is deemed expedient and necessary to prohibitor
regulate the keeping of animals within the municipality of the
Corporation of the Village of Port Burwell or defined areas
therein, as well as to regulate the location, erection, and use
of stables , barns and manure pits within the municipality of the
Corporation of the Village of Port Burwell .
NOW THEREFORE, be it enacted by the Municipal Council of the
Corporation of the Village of Port Burwell as follows :
1 . No person shall keep any animal within the municipality of
the Village of Port Burwell , provided however , that this section
shall not apply to lands assessed and used as farm lands , but
said lands shall not be used for the purpose of carrying on a
commercial piggery business , and provided however, that this
section also shall not apply to pets .
2 . For the purpose of this by-law and the above section:
(a) "Animal" shall include reptiles :
(b) "Pets" shall mean dogs, cats and other small animals
when kept solely for the pleasure of their owner on the
premises occupied as a residence by their owner, but
shall be ,ieemed not to include any horse, colt, cattle ,
mule, donkey, sheep or swine, and for greater certainty
shall be deemed not to include the keeping of animals
for commerce or trade:
(c) "Commerce or trade" shall include the purchase , sale,
supply, exchange, trading or dealing of animals .
3 . No person shall keep any horse or mule or donkey within the
municipality of the Corporation of the Village of Port Burwell ,
unless it is properly housed in suitable stables as hereinafter
provided.
4 . No person shall keep any horse or mule or donkey within the
municipality of the Corporation of the Village of Port Burwell ,
in or upon any lands or premises which are located within an area
Oilrestricted to residential uses under provisions of any by-law now
or hereinafter in force.
5 . No building or part of a builing used or intended to be
used as a stable or barn shall be deemed to be suitable unless :
(a) the same is distant at least three hundred feet , ( 300
from any school , church, dwelling or other premises used
for human habitation or occupancy, other than premises
occupied exclusively by the keeper of such stable or
• barn or members of his immediate family.
(b) the floors are of suitable and durable material
impervious to water, so laid and provided with gutters
as to drain readily the water or urine not to be allowed
to lie stagnant or drain into the ground. This
subsection shall not prevent the use of a wooden
platform or raised flooring if an air space of at least
two inches if provided above the floor.
(C) There is provided for the keeping of manure a receptacle
of adequate size , of an impervious material provided
with an opening filled with a self-closing fly-proof
door, and the whole to be constructed so as to prevent
the escape of objectionable odours and the breeding of
flies .
(d) All doors , windows and openings shall at all times
between the First day of April and the Thirtieth day of
November following in each year, be kept protected by
suitable screens .
(e) Such stable, together with the yard , shall be kept free
of refuse and shall be properly cleaned as often, as in
the opinion of the Medical Officer of Health or his
representative , be necessary or advisable and
deodorized by means of lime or other suitable
deodorant .
( f) All manure shall be kept in the required receptacle
which shall be emptied and cleansed and the contents
disposed of in a manner satisfactory to the Medical
Officer of Health at least once a week .
(g ) Manure boxes shall be constructed, erected or located
within the Village of Port Burwell only after a permit
has been received from the Building Inspector, which is
to be issued only after the approval of the Medical
Officer of Health has been obtained.
6 . Any person convicted of a breach of any of the provisions of
this by-law shall be liable upon conviction thereof to a fine (not
1111 exceeding)(exclusive of costs ) the sum of ONE THOUSAND ( $1 ,000.00 )
DOLLARS or each offence , and every such penalty shall be
recoverable under the Summary Convictions Act , all of the
provisions of which shall apply, except that the imprisonment may
be for any term not exceeding SIX (6 ) months .
Ai°
•
7 . All previous by-laws on the keeping of animals are hereby
rescinded.
This by-law
' t....'%ms iI . effect on date of pa sing.
MOVED BY SECONDED BY DATE 3[ 17
• That by-law 87-19 \be ead a first time . Read and carried.✓��
Sr•
MOVED BY A-14r BY , . _ ,� DATEThat by-laws 87_194ECONDED
read a second tiAo aye. . ' pigpen d ith.
U f � ' � / p
MOVED BY‘A OECONDED BY44, - DATE /431/4,0
That by-law 8 19 be read a third time. Readi die ed th
g P
Fina p:;;,_ed and carried.
-Am �� Reeve, Clerk
4
1•
• ` 1 .
•
February 12 , 1990
To Council :
Re: Animal Control By-law
Since Council has not engaged a By-law Enforcement Officer for
1990 and there is an issue concerning the Animal Control By-law,
I wish to offer the following comments:
First, I would like to state that I am experienced '
in interpreting by-laws. As the Issuing Supervisor for
two years, I was required to interpret by-laws for the
Metro Licensing Commission . In addition I contacted a
colleague who is extremely knowledgeable in the field
of by-laws to confirm my interpretation.
( 1 ) Section 210, paragraph ( 1 ) of the Municipal
Act gives the municipality the authority to
control animals .
(2) There is no provision of non-conforming use
under the Municipal Act for Animal Control .
Non-conforming use applies to such things as
zoning.
( 3 ) If Council wished to allow the individual in
question to continue to have his animals, the
by-law would have to be amended to include a
grandfather clause to allow him to have his
animals without. Without this clause the
goats are illegal and must be removed.
( 4 ) I would like to mention that the above is
based on the Municipal Act and Village by-
laws. It is not intended to create friction
between myself and Council but is an
Interpretation of the by-laws a's they apply
to the residents of the Village. The
individual can and was elected to Council
because the residents believed that he would
help the Village. It is unfortunate that
when individuals are elected to public office
everything they own, do or say comes under
public rscrutiny but that's the life of a
politician.
• •
I
TO: JAMES MARCH 2 ' 90
FROM: ALLAN SPICER
PLEASE FAX THE FOLLOWING QUESTIONS TO BARRY CARD FOR A LEGAL
OPINION
1 BY-LAW 87- 19 WAS PASSED IN 1987 WHEN GOATS WERE PRESENT ON
MY PROPERTY . No ACTION WAS TAKEN . I RECEIVED NO COMMUNICATION
CONCERNING THE BY-LAW FROM COUNCIL NOR THE BY-LAW ENFORCEMENT
OFFICER . IT SEEMS STRANGE TO ME THAT IF THE INTENT OF THE BY-
LAW WAS TO EXCLUDE GOATS , EVEM THE SELLING OF THEM WHY WAS I
NEVER CONTACTED . I WAS CLEARLY EXISTING AT THE TIME OF THE
PASSING OF THE BY-LAW . IT IS MY FEELING THAT THE EXCLUSION OF
GOATS IN THE ANIMALS NAMED WAS INTENTIONAL SINCE NO ACTION WAS
TAKEN ON MY ANIMALS . I HAD A SIGN ADVETISING GOATS FOR SALE
AT THE TIME OF THE BY-LAW ESTABLISHMENT . I FEEL COUNCIL IS
WRONG TO INTERPRET THE BY-LAW NOW AS Nor EXCLUDING SMALL ANIMA-
LS SUCH AS GOATS WHEN NO ACTION WAS TAKEN AGAINST ME WHEN A
NEW BY-LAW WAS PASSED IN 1987 .
2 THE FACT THAT I AM A COUNCILLOR IS ACTUALLY A GREAT HANDICAP
IN DETERMNING THE LEGAL/POLITICAL DECISION .
i THE ISSUE ONLY AROSE BECAUSE I AM A COUNCILLOR
2 IF I WAS A PRIVATE CITIZEN IT WOULD BE MUCH EASIER FOR
COUNCIL TO AMEND THE BY-LAW TO RECOGNIZE A 15 YEAR
LANDMARK ACCEPTED BY THE COMMUNITY
3 RATHER THAN BEING GIVEN SPECIAL AND PRIVELEDGED TREATMENT
BY COUNCIL I AM BEING DESCRIMINATED AGAINST BECAUSE I
AM ON COUNCIL .
SINCERELY
ALLAN SPICER
PS IF IT IS PERMITTED I WOULD DEFINITELY
WISH COUNCIL TO SEE THIS .
. 24�
_ .r
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WE THE UNDERSIGNED ,PETITION THE VILLAGE OF PORT
BURWELL COUNCIL,TO AMEND BY—LAW 87-19 , TO ALLOW THE KEEPING
OF GOATS (small animals) 'WITH THE OCCASIONAL SALE,AS A
HOHPY FARM ON THE PROPERTY OF ALLEN SPICER.
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• WE THE (UNDERSIGNED ,PETITION THE VILLAGE OF PORT
BURWELL COUNCIL,TO AMEND BY-LAW 87-19 , TO ALLOW THE KEEPING 41
OF GOATS (small animals) 'WITH THE OCCASIONAL SALE,AS A
HORPY FARM IE PROPERTY OF ALLEN SPICER.
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WE THE UNDERSIGNED ,PETI,TION THE VILLAGE OF PORT
BURWELL COUNCIL,TO AMEND BY-LAW 87-19 , TO ALLOW THE KEEPING
• OF GOATS (small animals) WITH THE OCCASIONAL SALE,AS A
HOBBY FARM ON THE PROPERTY OF ALLEN SPICER.
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THE UNDERSIGNED ,PETITIC)N THE VILLAGE OF PORT
DUR ELL COUNCIL,TO AMEN U HY-LAW E7-19 , TO ALLOW THE KEEPI?G
OF GOATS (small animals) WITH THE OCCASIONAL SALE,AS A
HOHPY FARM ON TNl. PROPERTY OF ALLEN SPICER.
4
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• /'
s `
•
WE THE (UNDERSIGNED ,PETITION THE VILLAGE OF PORT
_ BURWELL COUNC,IL,TO A/LEND BY-LAW 87-19 , TO ALLOW THE%KEEPI,NG %
OF COATS (small animals) WITH THE.ACCASIO?•IAL SALE,AS A •
HORPY FARM ON THY PROPERTY OF ALLEN SPICER.
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•
III
THE VILLAGE OF PORT BURWELL
BY-LAW NUMBER 87-20
Being a by-law for numbering the
buildings and lots along any high-
way, beach , park , reserve, or any
other property in the Municipality.
WHEREAS Chapter 302 , Section 210 , Paragraph 106 and 107 R.S.O.
1980 authorizes Council of the Corporation to affix numbers to
buildings and to assign numbers to all properties and for
charging the owner or occupant with the expense incident to the
numbering of his lot or property.
THEREFORE Council of the Corporation of the Village of Port
Burwell enacts as follow:
1 . The north side of each street shall be odd numbered and the
south side shall be even .
2 . The west side of each street shall be odd numbered and the
east side shall be even numbered.
3 . The Clerk shall keep a record of the numbers of the building
lots and buildings and other properties .
4 . The north south streets shall commence with zero at the lake.
The east west streets shall start at zero at Addison street .
5 . Each building or house where appropriate shall have a number
assigned to the front door, and shall be numbered on the street
on to which the front door opens .
OP6 . The house numbers shall be affixed at least 1 . 5 meters up
from ground level and be visable .
7 . The numbers shall each be at least. 10 centimeters ( 4 inches)
measuring from the top to bottom.
8 . The owner of a dwelling containing more than one residence may
add to the designated number a part digit or letter to identify
each separate residence.
IIMINIIMMINIMMINIMINIMI
9 . The numbers shall be a contrasting colour to the background
that the number is affixed to.
11111 10 . After November 1 , 1987 any building without the designated
number affixed shall have the number offered at the direction of
Council , and the cost shall be collected in the same manner as
taxes, or in the case of an occupant the cost may be deducted
from rent payable to the owner.
III
This by-law to come into effect upon date of passing and all by-
laws inconsistent are hereby rescinded. , /
MOVED BY _ A! -v ONDED BY A� 4 DATEC 3/ r�7 !/
That by-l; :In- - 20 be read a first tim6. Read and caa�r ' ed.
I ' it� SECONDED B 1 . �ATE�u 3�
MOVED BY�� �... . yy //
That by-law nu, ser 87-20 be rea.-i - - yon.%on. time . Rola ng
dispensed. / / /
MOVED BY . ,- .t.. " SECONDED BY ) c �� DAT447
o ,
The by-law _•:tom be read a third time . ading dispensed i ,
finally passed and carried.
W7--:uJ,i5
C;)41\ILJ
4
i / i )6:r-t_
•061,_ N_
•
PORT BURWELL HOUSE NUMBERS
During September or October 1987 the Port Burwell Voluntary
Fire Department will be going to all dwellings in Port
Burwell to help you number your house .
They will be equipped with 4 inch black vinyl letters
and they will offer to attach these to some wooden
part of your house .
You may: ( 1 ) let them put up your number with the black
vinyl
or ( 2) put up the black vinyl numbers yourself •
or ( 3 ) you may put up your own numbers that you
have purchased yourself
k ,
The Firemen will not affix numbers to metal or vinyl
• siding.
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•
THE VILLAGE: OF PORT BURWELL
BY-LAW NI'MBEU 87-20
Being a by- law for numbering the
buildings and lots along any high-
way , beach , park , reserve , or any
other property in the Municipality .
WHEREAS Chapter 302 , Section 210 , Paragraph 106 and 107 R . S .O.
1980 authorizes Council of the Corporation to affix numbers to
buildings and to assign numbers to all properties and for
charging the owner or occupant with the expense incident to the
numbering of his lot, or property .
THEREFORE Council of the Corporation of the Village of Port
Burwell enacts as follow:
1 . The north side of each street shall be odd numbered and the
south side shall be even .
2 . The west side of each street shall be odd numbered and the
east side shall be even numbered .
3 . The Clerk shall keep a record of the numbers of the building
lots and buildings and other properties .
4 . The north south streets shall commence with zero at the Jake .
The east west streets shall start, at zero at Addison street.
5 . Each building or house where appropriate shall have a number
assigned to the front door , and shall be numbered on the street
on to which the front door opens .
6 . The house numbers shall he affixed at least 1 . 5 meters up
from ground level and be visable.
C'
7 . The numbers shall each be at least 10 centimeters ( 4 inches)
measuring from the top to bottom.
8 . The owner of a dwelling containing more than one residence may
add to the designated number a part digit or letter to identify
Ott ch separate residence.
9 . The numbers shall be a contrasting colour to the background
that the number is affixed to.
10. After November 1 , 1987 any building without the designated
number affixed shall have the number offered at the direction of
Council , and the cost shall be collected in the same manner as
taxes , or in the case of an occupant the cost may be deducted
from rent payable to the owner.
r
PLEASE NOTIFY THE CLERK AT THE MUNICIPAL OFFICE •; IF YOU SPOT ANY
ERRORS OR OMMISIONS .
NUMBERING VILLAGE HOUSES
House Roll number Name 0 Description Type
No. S
02 001 472-00 Chamberlain Brian Gordon 0 Addison E/S RU
04 001 473-00 Walton-David John 0 Addison E/S RDU
0. 001 474-00 Brown tiora._.Am.y 0 Addison E/S 1#M+
10 001 475-00 Lillee Denis Eugene 0 Addison E/S VI.
►Jorr"t- 001 476-00 Gi�lig Mt ili r.et Shelley 0 Addison E/S RU
A,=
•
0 001 399-00 Elliot Jack4110
T Bridge N/S RU
002 011 -00 345990 Ontario ltd . 0 Bridge S/S
002 011 -00 345990 Ontario Ltd.' 0bridge S/S VC1
/04 001 396-00 Brown Ralph Walter O Bridge W/S R1'
06 002 011-00 Bradcranex Inc . T Bridge S/S OT
08 002 011 -00 Martin Larry Douglas T Bridge S/S 0T
08 022 011-00 Martin Larry Douglas T Bridge S/S COM
001 394-00 Kenneth Reid Chatham at Bridge RU
d`� 001 276-00 Smith Robert Bruce 0 Brock HDU
S 001 280-00 Cooper Ernest Arthur 0 Brock N/S RU
(1 ' 001 275-00 Cookson Margaret Ann 0 Brock S/S VL
" 6- 2.5 001 279-00 Moyes John William 0 Brock N/S RDU
°- 001 278-00 Morley Wilfred
0 Brock N/S RDU
7 2i 001 277-00 Landry Florent. Joesph 0 Brock N/S RU
V(2 001 407-00 Pulham Ronald S 0 Chatham F/S RDU
del-emt'04 001 408-00 Foster John Allan 0 Chatham E/S
6 001 409-00 McConkey Francis Wilfred 0 Chatham E/S RU
L`8 001 410-00 Unrau Franz 0 Chatham E/S
t2&.
001 411-01 Capitano Bernard T Chatham E/S RU
14 001 412-00 Dubuque Helen( resthhouse )
001 413-00 Axford Daniel B 0 Chatham 1./S
vY$ 001 414-00 Remgin Development Ltd .
70ga_ 001 415-00 Tait James Edward 0 Chatham E/S
„2'2 001 416-00 Calvert Robert W 0 Chatham E/S RU
04 001 417-00 Bradt Edward Isaac 0 (Chatham E/S RU
001 418-00 Spaltenburger Joesph JR 0 Chatham E/S
28 Spaltenburger J .
001 421 -00 Jedriak Edward 0 Chatham E/S FRU
001 419-00 Wilson Marion Gertrude 0 Chatham E/S RU1131i-
(a41.!
Reid Ken Chatham at Bridge
41 001-426-00 / -`V/ o0g,s c) Chatham W/S
J3 001 428-00 Travis Erma Evelyn 0 Chatham W/S
VO9 001 431-00 Smyth Marvin Charles 0 Chatham W/S
001-432-00 D,annibale Waterloo at Chatham
001 433-00 Robinson Alice 0 Chatham W/S
V17 001 434-00 Krygsman Pauline 0 Chatham W/S
Jtt'1M#E 19 001 435-00 Blanchet Pierre Michael 0 Chatham W/S
'VAtmF,11 001 436-00 Neil Cyril 0 Chatham W/S
6t.`rile ►1,23 001 437-00 Robertson Dorothea M 0 Chatham E/S
a -
. ,
. 4 IV or-i5.56.,aet-724/04)et-724/04) CW144(6
10,1444,4, 25 001 438-00 C>H>M>C . [ Lemayl 0 Chatham W'/S
'MTN,"� 27 001 439-00 Hans Randell 0 Chatham W/S
r4v7Allii. 001 440-00 Verton John 0 Chatham W/S
•
001 445-00 Fisher Betty 0 Chatham W/S _
—
3 001 447-00 Young Amy Melissa 0 Chatham W/S
3 .,/ 001 448-00 Mitchell Gordon W 0 Chatham W/S
l..110001 449-00 Kaufmann Geraldine 0 Chatham W/S
001 451-00 Wolf Heimrich Georzen 0 Chatham W/S
AMOMIWA31
001 452-00 Diedisch Theo 0 Chatham W/S
001 453-00 Mole Donald William 0 Chatham W/S
001 454-00 Weeks Kenneth A 0 Chatham W/S
001 455-00 Rep Helene Majewski Dec 0 Chatham W/S
1 001 466-00 Allin Terry Wayne 0 _Chatham W/S
V 3 001 467-00 Mole Donald ,Jess 0 Chatham W/S
%, 001 468-00 Nickerson Betty Jean 0 Chatham W/S
001 469-00 Liberty Nancy Mary 0 Chatham W/S
V61 001 471 -00 Spicer Allan Mervin 0 Chatham W/S
Aft : / 02Kf mr_" 001 001 -00 Jacobs Louis 0 Elizabeth E/S RDU
001 002-00 Watson Hugh 0 Elizabeth E/S RDU
7 X0'6 001 003-00 Carnegie Robert Eugene 0 Elizabeth E/S
/0lh'i 001 004-00 Mason David Charles 0 Elizabeth E/S RDU
001 005-01 Whitney Ernest 0 Elizabeth E/S RU
001 005-02 Lama Anthony 0 Elizabeth
U 001 005-07 Gee Marlin 0 Elizabeth E/S
�9A+ Elizabeth at. Wellington
iN 44 001 006-01 Loucks Gordon Lee 0 Elizabeth E/S R
1
i ✓95 001 302-00 Southhall 0 Elizabeth RU
iY ✓v�� c'R
7 001 007-00 Carlisle Barbara 0 Elizabeth W/S RDU
d 001 008-00 13r;556Au f3NAR O ChAQEnk-' 0 Elizabeth W/S RDU
a V i 001 009-00 Hrx'rnE . aog75--R0S:.E 0 Elizabeth W/S RU
P71./13 001 010-00 Foote Sandra ,roan 0 Elizabeth W/S RU
,l ✓1 001 011-00 Sutherland Beverley Joan 0 Elizabeth W/S RU
11. 1. 7 001 012-00 Wistow Chester A 0 Elizabeth W/S RDU
r; 1, • 001 013-00 Lauterbach Erich Alfons 0 Elizabeth W/S
001 016-00 Caers George John 0 Elizabeth W/S VL
0 001 016-01 Port. Burwell Public 0 Elizabeth W/S
? 7 001 017-00 Binzig Kaethe A W 0 Elizabeth W/S RU
2�- 9 001 018-00 Tribe Victoria 0 Elizabeth W/S RU
23 001 019-00 Genetello Ronald Emiel 0 Elizabeth W/S RU
AV^ � 001 020-00 Couture Stephen Joesph 0 Elizabeth RU
2Sl� 001 022-00 Durling Clarence 0 Elizabeth W/S
001 023-00 Harrell Thomas Francis
0 Elizabeth W/S VL
�� 001 024-00 Martin May O Elizabeth W/S RU
5.7%57 001 028-00 Smyth Norman Jack 0 Elizabeth W/S
07% 1/4/02 001 243-00 Hamilton Brian T Erieus W/S COM
iq 001 161 -00 Vyse Jean 0 Erieus E/4 RU
3o 4* 001 162-00 Chenz Hong Bo 0 Erieus E/S RU
37 i_ T4 001 164-00 Macey Bob 0 Erieus F/S
324/16 001 165-00 Hughes Douglas Elmer 0 Erieus F/S RU
$3"✓�18 001 166-00 Jenkins Blanche 0 Erieus E/S HDU
3Vv ., 001 167-00 ingolfsurd Elizabeth L 0 Erieus F/S RU
45772 001 168-00 Loucks Norman Bruce 0 Erieus E/S RU
34, 24 001 164-00 Brooks Douglas Hugh 0 Erieus E/S ('OM
..,7J26 001 170-00 Black Lawrence Arthur 0 Erieus E/S RU
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1YLdUL001 172-00 Scott Lottie Ellen 0 Erieus E/S RU
ve l 001 173-00 Warren John Douglas 0 Erieus E/S RU
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1__ 001 177-00 Thompson Velma Eleanor 0 Erieus E/S RU
yrs 001 370-00 Roesch Kenneth Andrew_ 0 Erieus S/S
Vv� 001 369-00 Foster William Arnold 0 Erieus S/S RU
4 16 001 368-00 McKibhon Stuart Marshall 0 Erieus S/S RU
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' 001 365-00 Elliott Ernes! Jack 0 Erieus S/S RU •
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001 188-00 Aylmer and Malahide 0 Erieus W/S
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�j 001 391 -00 , Driver Gerald H7 0 Erieus N/S
az 001 384-00 Barrick Noble ) 0 Erieus N/S
CV 001 383-00, Barrick Noble 0 Erieus N/S
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kt-65 001 381-00 Tremblay John 0 Erieus N/S
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/ 59 001 379-00 Atkins Lena Erma 0 Erieus N/S
rrt
1 001 378-00 Culver Gail Janet 0 Erieus N/S
13 3 001 377-00 Bradfield Edna Mabel 0 Erieus N/S
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001 375-00 Bradfield Edward 0 Erieus N/S
Jy 001 374-00 Brisseau Bernard Clarence 0 Erieus N/S
7fv13 001 372-00 Granger Robert Loyal! 0 Erieus N/S
_
128 00] 500-00-- *r---Mario,i J 0 Faye S/S
UV,_ 001 502-00 a Faye S/S RDU
2 7 001 499-00 •Sm; th ' �• • ton 0 Faye S/S RDU
129 001 501-00 .Lroo 1enn 0 Faye S/S RDU
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53 001 021 -00 Herzig Linda June 0 George N/S RDU
406 (/)r i/V • rkn,'MIN
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04 001 506-00 :1i.1.ee-t--Sgmes S1-1-1.-4.41,n 0 Libhye S/S RDU
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08 001 510-00 ;Ar 0 Libbye S/S RDU
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01 001 503-00 ;•sa1T ' • . . 0 Libbye S/S RDU
03 001 505-00pasg. red 0 Libbye S/S RDU
05 001 507-00d 0 Libbye S/S RDU
07 001 509-00 G Gordorl---, 0 Libbye S/S RDU
09 001 511 -00 -\ 0 Libbye S/S RDU
11 001 513-00 ob 0 Libbye S/S RDU
7[ ✓
_ 001 084-00 Croxford Edward George 0 Milton W/
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,i,,,- 001 085-00 Wysevelde Lidia Gregory 0 Milton W/S RU
1/ 4/(1 01 086-00 Theoret Robert Joesph 0 Milton W/S RU
../401 087-00 Toth Dorothy Mary 0 Milton W/S VL
•-~'• • 001 360-00 Mathews Edgar Floyd 0
yo 001 088-00 Jackson Earl Henry 0 Milton W/S RU
.'t ' 001 090-00 Smyth Wanita Eileen 0 Milton W/S VL
001 091-00 Syubbs John 0 Milton W/S VL
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9L LA 001 299-00 Port Burwell Village 0 Pitt S/S
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iY 8- 001 296-00 Lenz Robert 0 Pitt S/S RU
It/ 001 295-00 Kirkpatrick Kenneth Thomas() Pitt S/S RU
rG 001 294-00 Scanlan Bruce Edwin 0 Pitt S/S RU
001 309-00 Vacant V Pitt N/S
17r
001 293-00 Braun Johan Martens 0 Pitt S/S
ggl 001 292-00 Bock Klaus Dieter 0 Pitt S/S RU
•
I
C%CO! 293 , o '
$p .
/306 ;)w 0?-441
A01/��' 001 291 -00 Dyck Harold 0 Pitt. S/S RU
:a; 11 ' ' ' : : - -
' • -• • 0 Pitt S/S RDU
4/ 40 001 290-00 ,.lames Lorraine Marie 0 Pitt S/S
vZfloi. 001 290-00 41:(V;IF -{ARoi.p 0 Pitt S/S RDU
f 3 tfil� 001 290-00 ` : fin Y[LTikorogs. 0 Pitt S/S
QY 001 289-00 CountryaJohn A 0 Pitt S/S RU
Is" ✓ f/001 288-00 Stephenson John Franklin 0 Pitt S/S VL
G oo 12 83 Op 80.05 woRfti FRS 0 Pitt S/S
96, 001 2E17-0 Hill reefile_WAR D `{rtRq`� 0 Pitt S/S RDU
4
4P Vl 001 315-00 Monaco Mario 0 Pitt N/S RU 001 314-00 Wolf Gerhard Gerzen 0 Pitt N/S hl;
mo 001 312-00 Port Burwell Office 0 Pitt N/S VL
/of L.-1-3. 001 311 -00 Harris James William • 0 Pitt N/S
/.Zv 001 310-00 Anglican Church of Canada 0 Pitt N/S REL
16-1L!
d3 001 309-00 Dyck Albert 0 Pitt N/S
to ^!9 001 308-00 Hawkins Florence V 0 Pitt N/S RU
jos tst! 001 308-00 Scott Martin Laurence 0 Pitt N/S RU
4i l3 001 307-00 Barber Norman James 0 Pitt N/S COM
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10 "'`- • ' • - - - - - _ • - 0 Pitt N/S RDU
to • • 001 306-00 Sawyer Jack GARAGE 0 Pitt N/S RU
W001 305-00 McHugh Jame,. B _ 0 Pitt N/S RDU
I4 .L. 001 Soy;00 EN$;gHT YvawJe kAThf;ME 0 Pitt RU
1/0 • 001 303-00 Farlow M V Joyce 0 Pitt N/S RDU
e ;'fr N/S
1
02 001 200-00 Ross James Travis 0 Robinson E/S
04 001 201-00 Utting William Charles 0 Robinson RDU
06 001 203-00 Kettlewell Howard L 0 Robinson E/S RDU
08 001 204-00 Rickwood Gordon K 0 Robinson E/S RDU
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h',t//vn,F 1 , 001 206-00 Kerr Richard George 0 Robinson E/S RU
001 207-00 McConkey Ila Pearl 0 Robinson E/S RU
I&18 001 208-00 Manion Donald Patrick 0 Robinson E/S RDU
22 001 210-00 Reid Wilmot. Ervin 0 Robinson E/S RU
();f4,624 001 211 -00 Kemp Mavis 0 Robinson E/S
m 001 213-00 Bradcranex Inc.
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001 215-00 Liquor Control Board Ont. 0 Robinson
001 216-00 Barrie Vincent A 0 Robinson E/S VCI
001 217-00 Stephenson Timothy Frank 0 Robinson E/S
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001 218-00 McBride Randell Philip 0 Robinson E/S
001 219-00 Kaufman Elsie 0 Robinson E/S RU
217 001 220-00 Ostranders Funeral HomeLtdO Robinson E/S ,VL
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vi01dHMf 2 001 224-00 Shaw Christopher R 0 Robinson E/S RU
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AillI _
` 1
i001 212-00 Port. Burwell Lighthouse 0 Robinson E/S VL
001 230-00 Bradcranex Inc. 0 Robinson W/S
001 231 -00 Glover Elva 0 Robinson W/S VL
t.: -
001 232-00 Manion Donald Patrick 0 Robinson W/S
uel 001 233-00 Manion Donald Patrick 0 Robinson W/S
V2:.97-- 001 234-00 Manion Anne Shiny 0 Robinson $44Sv.21 001 235-00 Chalk Annie C 0 Robinson W/S
,43 001 237-00 Harding Laura 0 Robinson W/S
.45001 238-00 Canadian Imperial Bank 0 Robinson W/S
09 001 239-00 Toth Louis Victor 0 Robinson W/S
Al 001 240-00 Roesch Mary Patricia 0 Robinson W/S
001 241 -00 Foster Alan Lyal 0 Robinson W/S RU
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/// - 001 095-00 Neville Harvey Richard 0 Shakespeare E/S
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//3 001 097-00 Shelly Edward Brailsford 0 Shakespeare E/S
„y 001 098-00 Mathews Kenneth NIalcclm 0 Shakespeare E/S RV
us1�T�,'—✓ 001 100-00 Alward Harry Owen 0 Shakespeare E/S RU
01. 001 101-00 Smith Kenneth Edward 0 Shakespeare E/S RU
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• —7:41 001 105-00 Smith Carl L 0 Shakespeare E/S RU
ISI 001 106-00 Nickerson Wayne 0 Shakespeare E/S
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a/c%il 001 356-00 Blyth Charles Pennycook 0 Shakespeare W/S RU
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SLS 001 111 -00 Mathews Edgar 0 Shakespeare W/S
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4211/06 K/F/ Ai Tl•/ 4 t/TA.cHEn/
•
130001 125-00 Elgin County Board 0 Strachen E/S EDN
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001 128-00 Baron Horst Guenter 0 Strachen E/S VL
tlot'►0njc �,:' 001 129-00 Waite Murray D 0 Strachen E/S RU
/3 • 001 130-00 Hamm Abram W 0 Strachen E/S RU
i3 .111., 001 131 -00 Brady Murray Graham 0 Strachen E/S RU
r;S'9 001 132-00 Brown Bertha Alvina 0 Strachen F/S RU
136 ) 001 133-00 Roy Paul John 0 Strachen E/S RU
/3A,. 001 135-00 Brooks Douglas Hugh 0 Strachen E/S RU
03 001 160-00 Port Burwell Village T Strachen W/S RU
/� 001 139-00 Guenther Susana 0 Strachen W/S RU
/j j 001 142-00 Epple Edwin Frank 0 Strachen W/S
001 145-00 Stephenson Frank Laurence 0 Strachen W/S VL
001 146-00 Gheysen William 0 Strachen W/S RU
►Yo 001 147-00 Bucheski Philip 0 Strachen W/S RU
it� 001 148-00 Elliot Ernest Wayne 0 Strachen W/S RU
►yg _� 1 001 149-00 Th n Mary Elenor 0 Strachen W/S RU
i ' 001 150-00 urke Davi _.— 0 Strachen W/S
5 i 001 151 -00 Hayward Mary Helen 0 Strachen W/S RU
iyG 001 152-00 Loewen Anna 0 Strachen W/S RU
,Y7 001 153-00 Manion Donald 0 Strachen W/S
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/c($ L• 3 001 155-00 Blenkinsop Harold C 0 Strachen W/S RU
45%- 001 156-00 Dohnt. Karl Henry 0 Strachen W/S RDU
is-01,41 001 158-00 Dye Shirley A 0 Strachen W/S RDU
22 001 481 -00 Muzzin Luigi Gino 0 Tennyson N/S RDU
151 001 030-00 Norman Robert Rowan 0 Victoria E/S RU
001 031 -00 Farlow John Robert 0 Victoria E/S VL
AS 001 033-00 Proud Jan Robert 0 Victoria E/S RU
11.58 001 034-00 Brown Helena Grace 0 Victoria E/S RU
isY 001 035-00 Dohland Anne 0 Victoria E/S
001 036-00 Parsons Edna M 0 Victoria E/S VL
i.5s ' 10 ., 001 038-00 Smithson Donald C 0 Victoria E/S 1(U
isL ,3 L 001 039-00 Caers George John 0 Victoria E/S RU
001 040-00 Caers George John 0 Victoria E/S VL
iS 3 001 041-00 Gillis Carl Leo 0 Victoria E/S
001 043-00 Wilson Thomas Lee 0 Victoria E/S RU
'S7�4 001 044-00 Shelly Kathleen 0 Victoria E/S RU
if9t.Xy 001 045-00 Rep Beula A Ireland Dec 0 Victoria E/S
i`ecA 001 046-00 Redekop Abraham 0 Victoria E/S RU
4/ � 001 047-00 Eveland Ross Albert 0 Victoria E/S
i6z✓�` 001 049-00 Boyd Wanda Lucille 0 Victoria E/S RU
001 050-00 Toth Louis Victor 0 Victoria E/S VL
i4.�� 001 051-00 Roloson John 0 Victoria E/S
r �/�h„�58 001 052-00 Gibbons Randy Chester 0 Victoria E/S RU
ft 60- 001 053-00 Brandt 0 Victoria E/S RU
A
62 001 054-00 Smyth Jack Norman 0 Victoria E/S RU
`� /t) 666 -. 001 055-.00' Laemers Trucking Ltd 0 Victoria F:/S i
f, 001 056-00 Wolfe Morley Franklin 0 Victoria E/S RU
/Or-wOr2 001 057-00 Taylor bonnie Rose 0 Victoria E/S - BO
aL1 4 001 058-00 McCord John Maxwell 0 Victoria E/S
A,Vrv $ Bayham McCord Farms C) Victoria E/S
"IN/11i001 059-00 Webster
5r 001 061-00 Brown Vidlet Frances 0 Victoria W/S RU
V Ngo sEl 7 001 062-00 Parsons Edna 0 Victoria W/S RU
,?m i 001 064-00 Philips
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/724/e17 001 067-00 Longstaff Grace Winnifred 0 Victoria W/S RU
'73 / 3i 001 068-00 Miller David T Victoria RU
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41v 001 070-00 Stewart Madeline Florence O Victoria W/S RU 1
i7(0,-IS 001 072-00 Suderman Anton 0 Victoria W/S
, 7‘,✓49 001 074-00 Chretien William 0 Victoria W/S
kciNcnrf51 001 075-00 McCord David John 0 Victoria W/S RU
, 77,/ 001 076-00 Eveland Frank Stanley 0 Victoria W/S
/7y.i5 001 077-00 Redekop Peter W 0 Victoria W/S RU
ti`r,o7 001 078-00 Stubbs John 0 Victoria W/S RU
/ • if) 001 079-00 Mooney John G T Victoria W/S RU001 079-00 Roman Catholic Episcopal 0 Victoria W/S
/to 61 001 080-00 Leatherdale C Larry T Victoria W/S COM
/12- 001 354-00 Durling Clarence David 0 Waterloo S/S
to 001 353-00 Hoshal Harold Harvey 0 Waterloo S/S KU
'f 24 001 352-00 Anderson Steven Douglas 0 Waterloo S/S RU
�1S 001 351 -00 Scanlan Mabel Pearl 0 Waterloo S/S RU
,25 001 358-00 Ronson W J Reginald 0 Waterloo N/S
/17i/27 001 357-00 Marr Doug • 0 Waterloo
Alp f#/0/411 001 355-00 McCurdy Ralph Ivan 0 Waterloo N/S VI.
/tat001 336-00 Kwarciany Richard 0 Wellington S/S
/41'+IS
001 335-00 The Aylmer A Malahide 0 Wellington S/S
If0:42k'f 001 168-00 Loucks Norman 0 Wellington
""10"2.4 • 001 334-00 Stephenson John Ernest 0 Wellington S/S RU
/I 001 333-00 Shelly George Brian T Wellington S/S RU
/IC
001 333-00 Canada Mortgage Housing 0 wellington S/S
,r 8 001 332-00 Toth Dorothy Mary 0 Wellington S/S RU
/ts' 30 001 331-00 Kerr Alastair Innes 0 Wellington S/S RU3
A/Jiti°' 2"j 001 329-00 Scanlan Arthur George 0 Wellington S/S RU
34 001 328-00 Barber Norman James 0 Wellington S/S OT
p,cti'T INT611) Nup i3r-R
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/94 4e 001 327-00 Caers George John 0 We l l ington `S/S • ' C4
40 001 326-00 Port Burwell Hayham 0 Wellingtop S/S OT a
/174.42. 001 325-00 Tait Wilfred % b Wellington S/S OE
inN44 001 324-00 Darling Clarence William 0 Wellington S/S R[
,ttr6 001 324-00 Nesbitt Thomas Allen 0 Wellington S/S RU
lvelr48 001 324-00 Croxford Allen 0 Wellington S/S, RDU
• 50� 001 323-00 Burleigh Gary Ernest 0 Wellington S/S RDI
52 001 323-00 Flick Margaret 0 Wellington S/S
54 001 322-00 Robertson Carl Alexander 0 Wellington S/S RDU
5& 001 321-00 Roberts Robert Nelson 0 Wellington S/S RDU
58 001 320-00 Karn Vera G ' 0 Wellington S/S RDU
12604. 001 319-00 Skelton John Robert 0 Wellington S/S RDU
2o( 21 001 349-00 Manion Donald Patrick 0 Wellington N/S
12,3 001 348-00 Durst Paul 0 Wellington N/S
001 347-00 Stewart Madeline Florence 0 Wellington N/S
001 347-00 Public Works Canada T Wellington N/S FG
,24129 001 346-00 Port Burwell Village T Wellington N/S 1.G
,A1 001 345-00 Varty Elwood Robert 0 Wellington N/S RU
Log001 344-00 Kindy Norman Gerald 0 Wellington N/S RU
5 001 343-00 Hendrick Norman Albert T Wellington N/S RU
001 342-00 Underhill Max Edward 0 Wellington N/S
1 001 341-00 Van Beers Michael 0 Wellington N/S RU
001 340-00 Port Burwell Village 0 Wellington N/S VL
001 339-00 Redmond Aubrey Daniel 0 Wellington N/S RU
47 001 338-00 Elliot James Wright 0 Wellington N/S
✓53 001 338-00 Scanlan V Wellington N/S RU
Jsfµ;,hr55 001 006-05 Todd Norman Burl 0 Wellington N/S RU
0I Ron) I�oloSoAI W %L[ .1.Ar7w
I
0
1041
VILLAGE OF PORT BURWELL
BY-LAW 87-21
Being a by-law to rescind
by-law number 87-16 .
WHEREAS by-law number 87-16 authorized an\ agreement between the
Corporation of the Pillage qf Port Burwell and the Port Burwell
Public Utilities Commission.
WHEREAS the Municipal Act RSO, chapter 302 , section 218 ,
paragraph 19 allows Council to appoint agencies to have charge
and the power and the responsibility for the billing and
collecting water and sewer usage rates and any other relevant
matter or thing.
WHEREAS the Council of the Corporation of the village of Port
Burwell is desirous of discontinuing the responsibilities for
billing, collecting, and managing the Village water and sanitary
sewer system, which is presently performed by the Port Burwell
Public Utilities Commission.
THEREFORE be it enacted :
1 . All services and responsibilities of the Port Burwell
Utilities Commission as related to the water and sewer system are
terminated effective September 30 , 1987 .
2. By-law 86-16 is hereby rescinded and re . aled effective
September 30, 1987 . / 11
'
MOVED BY ,t SECONDED BY 1). DATE Ca W/k 7
That by-la. .( ad a first time. Read ‘n., carried
.4i1 I
MOVED BY / SECONDED BY , • • Tavick7
That by- aw 8 -2 ` read a seg
cnd time Readi'g dispensed
c
MOVED BY 4, �,�- - •� ONDED BY Y DAT 7
That by-law , 87-21 b read a third time. R ing dispensed wi h.
finally passed and carried.
L'"'1)('"7
ez
By-Law Number 87-2Z
Being a by-law to authorize the
Corporation of the Village of
Port Burwell to enter into agree-
ment with London Public Utilities
Commission .
WHEREAS the Corporation of the Village of Port Burwell is
desirous of obtaining the utility billing service of the London
Public Utilities Commission .
THEREFOR the Reeve and Clerk are authorized to sign the attached
agreement which forms part of this by-law. ^+
SMOVED BY, ,. �� _ f `SECONDED BY V011ib' ; DAT ., • if
That by-law b: • • .2 be read a fiist �'i•� e . R d an. ar .iei .�
MOVED BY SECONDED BY / / CCN DATF q-' :h
That by-law num. ; 87-22 be res. a second time. •ea. . ng
dispensed .
MOVED BY, 6,--•% SECONDED BY^^//����'`�'��'''�� DATE �� �l
That by-law number 87-22 be read a thi"Y�d e . Readingdis d
/
with , inally passed. l/ _ -'
Age4,� ./.' Reeve , Clerk
illt
' (1)( 5 (4.--"" '6 7— 7-2....-
1
THIS AGREEMENT made this day of , 1987
BETWEEN: THE VILLAGE OF PORT BURWELL COUNCIL
111111 (hereinafter called "Port Burwell")
OF THE FIRST PART -
- and -
THE PUBLIC UTILITIES COMMISSION
OF THE CITY OF LONDON
(hereinafter called "London")
OF THE SECOND PART
IIIWHEREAS the Village of Port Burwell Council
hereby makes application -to the Public Utilities Commission of the City of
London to produce residential and commercial bills, and reports pertinent
thereto;
NOW THEREFORE Port Burwell agrees and covenants with
London to:-
1. Use the reporting devices supplied by London and send such
devices to London for each billing period.
2. Forward meter reading cards or other appropriate device to
London at Port Burwell's expense.
3. Pay to London a one-time charge of $300.00, plus 10¢ per
customer for creating master records.
4. Pay to London the current rate of 38.0¢ per bill issued,
with a minimum charge of $50.00 per billing. Rate includes billing register,
credits and arrears list, consumption to revenue report, S.I.C. statistics,
customer's bill, accounts receivable card, meter reading cards, envelope and
handling, and any future rate revisions. The said rate may be varied during
the lifetime of this agreement.
5. Pay to London the postage for all bills mailed from London
to utility consumers.
6. Pay to London the following items, if Port Burwell requests
0 London to provide such items or if charges for the same are incurred by London
as the result of an omission by Port Burwell:- long distance telephone calls,
shipping charges, travel expense, overtime, special handling requested by
Port Burwell.
•
- 2 -
AND THEREFORE London agrees and covenants with
Port Burwell to:-
IIIPPrepare domestic and commercial water and sewer bills at
intervals of not less than sixty days.
2. Prepare a statistical analysis of consumption and revenue
according to classification and a billing register which is a listing of
accounts billed.
S3. Supply Port Burwell with mark sensed reading cards, or other
appropriate device, which are to be billed during the current period.
4. Be•responsible for and pay the expense of mailing and
shipping cards;
AND FURTHER, London agrees to a billing schedule which
shall be prepared and followed by mutual consent of both parties.
FURTHER, Port Burwell agrees to pay for any work done by London
pertaining to this billing application which is not specifically contained
herein;
AND FURTHER, Port Burwell agrees to pay the accounts rendered
for this service within thirty days from date of invoice, including any tax
that may be applicable thereto.
The charges shown herein are those currently in effect. All
charges are subject to change upon at least two months' prior written notice
during the lifetime of this agreement.
This agreement is effective from the date it is accepted
and shall remain in force, except as otherwise provided, until two years
following the date the first billing is ready for use. Thereafter it may be
terminated by either party at the end of any calendar month, provided Port Burwell
gives London at least six months' prior written notice thereto and London
gives Port Burwell at least twelve months' prior written notice thereto.
London shall carry out the terms and conditions as herein
11 stated to the best of its ability but shall not be responsible for delays
caused by breakdown and/or malfunction of its machines, strike, lockout, or
any other conditions beyond its control.
• - 3 -
Port Burwell will indemnify and save harmless London from any or
all claims, demands, actions and causes of action and from all costs to which
111/111ndon may suffer in respect of or in any way arising out of any work or
service done or omitted to be done by London in respect of the work and
services required to be done under the terms of this agreement.
This agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this
IIagreement.
SIGNED, SEALED AND DELIVERED VILLAGE OF PORT BURWELL COUNCIL
in the presence of:
4,11( / Icy i7.<< < L/ r /24.4 /, ,
n / __�
...1/';,t//, I/
THE PUBLIC UTILITIES COMMISSION OF THE
CITY OF LONDON
Chairman
Secretary-Treasurer
11/11
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NUMBER 87-23
Being a by-law to set water
and sewer user rates in the
Village of Port Burwell .
411
WHEREAS by Chapter 302 R.S.O. section 218 paragraph ( 16 ) the
Council of a local Municipality may by by-law provide for
imposing upon owners or occupants of land who use sewage works a
sewage service rate.
WHEREAS Chapter 302 R.S .O. section' 218 paragraph 2 and R. S .O.
Chapter 423 section 12 , 27 and others provides for imposing
rates , regulating , metering , measuring and collection
frequencies , methods for water and sewer rates .
THE Corporation of the Village of Port Burwell hereby enacts :
1 . That all users of Port Burwell Municipal Water System are to
have their water supply metered.
2 . The meter, remote readout and meter connections are owned by
the Corporation .
3 . The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken, except by a Corporation
representative.
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficient space, with unhindered
visibility and access close enough for reading with the naked
eye .
5 . The utility user or occupant may enclose the meter .
6 . The meter is not to be altered , defaced, or changed in any
manner.
7 . The meter is to be installed without a valve between the
meter and the exterior stop cock .
R . There are to be no T' s or supply splits between the stop cock
and the meter.
RATES :
1 . All metered users shall pay $1 . 21 for the first cubic meter
( $5 . 50 for the first 1 ,000 imperial gallon) of water metered
each month , and an additional $1 . 21 for each cubic meter ,
metered each month in excess of THE FIRST 5 cubic meters
(approx. 1000 gal ) METERED per month .
2 . Where Municipal sewers are connected to the metered supply,
the sewage service rate shall be $13. 64 each and every month
irregardless of the quantity of water used.
. Metered users shall receive a minimum bill for the first 5
cubic meters a month irregardless if it is used.
1101
4 . Commercial and industrial metered users shall pay a rate
that is the same as the metered residential users.
5 . Customers of occupied residence and businesses shall pay a
monthly rate equivalent to 80 cubic meters if meter readings
are unavailable or tampered.
6 . Unmetered customers of abandoned homes or businesses shall
pay a rate equivalent to upon approval by resolution of
Council .
7 . All Customers shall be entitled to one free turn on or turn
off per calender year , and each turn after this shall be
. charged at $15 . 00 . This charge shall he levied in case of
turn off for non payment of account.
8 . All work performed on private property shall be charged at
the current rate and is to be due on rendering of account.
This charge is to be lien on the property and is to be
collected as an extension or addition to the water/sewer
bill .
9 . Should a Municipal sewer to be hooked to a private water
supply, the rate shall be $13 .64 per month.
10 . Any out of Town users shall pay a rate of 1 1/2 times the in
Village users .
12 . No person may use water from a fire hydrant , with the
exception of fire departments.
Any person who contravenes this by-law is subject to a fine of up
to $1 ,000 .00 upon summary conviction.
THIS by-law repeals and rescinds all other previous by-laws that
determine user rates . $ter l
THIS by-law to come into effect on illimmi, 1987 at 1 : 00 A.M.
THIS by-la o%- .lace the P.U.C. Act R. S .O. Chapter 423 .
MOVED BY ' / SECONDED BY �. •. . �1 • 'f -
That by-law 8 -23 .e ad a first time . .e. d : d caed .
MOVED BY SECONDED BY pc DAT'_/r.L! '37THAT by-la8114,,,_
8 -23 e read a second time . Revd : nd disp- se.
with . I/ //
MOVED BY ,1.' SECONDED BY A' . .. DAT 4'.. S7
�`_
THAT by-law 87-. be read a third time . Readin: dispensed h
finally passed.
7eifor
74111, • k/r. dr, REEVE --('1.H:E2K
111P .
r.
• I
By-Law number 87-24
. Being a by-law to amend .
1 by-law number 86-13 a
bt-law to zone- certain
lands on Milton Street
and Wellington Street as
"institutional" .
WHEREAS by-law 86-13 was duly passed through its various readings
signed and sealed.
BY-LAW 86-13 is hereby amended so that the boundary of the
property zoned institutional is redefined as shown on the
attached sketch marked appendix "A" which is part of by-law
87-24 .
THE by-law to come into full force and effect on date of passing.
I11 wq ,94
MOVED BY I.. — • SECONDED BY. 11
That by-law number '. 7-24 be read a firs time. R ad and carried.
•
MOVED BY_______________ ONDED BY4jDATE Mni /987
That by- a numbe 87-24 be read a second time. Reading
dispensed.
di
MOVED BY *,i SECONDED B b . ._r DAT /P67
Reading dis e
That by-law n�ii�ber 87-24 be read a t ird time. p
with , finally passed.
/ 1
411 Reeve,
111
A
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CAUTION
i 2___ 51r::Mllton z64275m_•rr•s 854 •R : Registry Act. Date: To/y ID, /9437
2 21 ond 22, west on 195762 eel •ra JUNE 24 , 191:
Milton Street metres Date'
3 2I, East on 230992 342 sa TMs plan Is not C� G �Iii,N'i it,
11, ^ /� < ;.i Shaaesp•or• Street metes
(� _ — —I 0 plan of &Arc,v13 Deputy Land Regletr
4 22, East on 28 405 sa 1
Shoaespsore Street metres within the m*Oninq for the Registry Dlvlsll
J G. RUPERT of Elgin (II).
5 21, East on 230992 548 as of the Planning Act. ONTARIO LAND SURVEYOR
Shoaesp•ar• Strut metres
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' I _ __ __ _ _ L REGISTERED PLAN 12
--N••• oo•wnoer` 41940 — VILLAGE OF PORT BUR WELL
I •0.59• • r Of/!1 j, ��� N COUNTY OF ELGIN
l 4 _ qt1 4 = • J. G. RUPERT LTD
• ONTARIO LAND SURVEYORS
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It 1 ° NOTES
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8EARINGS ore Astronomic ond ore referred Io the
K• I . s Q �'� t �l North limit or Part 3 as anoon on 9sferenc•
I ^ oI J \ I W E E Plan IIR-2954 having obearingof N98•39.004.
N 1 1/12_ :• v 015TANCES +noon on this plan ore In metres and
, --- N I can be converted by dividing by 0 3048.
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•
Village of k-'ort i urwell
BY-LAW NUMBER 87-25
Being a by-law to authorize the Reeve
and Clerk to sign a new lease agree-
ment with the County of Elgin for
Library facilities.
WHEREAS the Corporation of the Village of Porgy Bulrwell owns
property known as East part of Lot 21 Pian 12 on the North side
of Wellington Street and is located on the North west corner of
the intersection of Wellington and Erieus Street in the village
of Port Burwell , County of Elgin.
WHEREAS approximately five hundred and fifty square feet are used
as a Library facility.
WHEREAS the Corporation is desirous of entering into the attached
lease marked appendix "A" with the County of Elgin.
THEREFORE the Clerk and Reeve are authorized to sign the attached
lease to bind the Corporation .
THIS by-law comes into full force and effect on date of passing.
MOVED BY SECONDED BY /L..)/'7 `J DATE 747Z
THAT by-law nu er 87-2 be read a first time
t2 \ /04125
MOVED BY SECONDED BY �..� �. DATE
THAT by-law number 87-25 be read a secon.' time. Read d
dispensed.
LJMOVED BY DED BY 0s, DATE A-0 i
THAT by-law umber 8 -25 be read a third tie. eading dispense
with, and finally passed.
, /1
_ �� .�
IF-
ERV REEVE
BY-I.AW NO. 87-26
Being a by-law to zone R- 1 ( residential )
a parcel of land as shown on schedule "A"
and "AA" in the Village of Port Burwell .
WHEREAS Counc:.J in desirous of zoning this parcel of land as
)1 residential ( R- I ) & residential ( R-2 )
( WHEREAS the East Elgin Official Plan is now in effect and this
zoning conforms with this official plan .
COUNCIL therefore enacts by-law number 87-26 as it applies
to the parcel of land as shown on schedule "A" and "AA" .
THIS by-law o ' s i , to ull force and effect on date of passing .
MOVED BY / la _ . _ _ A, _ i SECONDED BY / 1A_.,- E _�k7 `THAT by- aw nu .er . 7-26 be read a firstime .• 0k G I /
MOVED B �c SECONDED BY � �, e \ \•, DATE 1A4
THAT by-law number 87-26 be read a secon. 0_ : ' ad and dis ensed -,/
.1'" / ..i. i i
MOVED BY e L ` 1 - ECONDED BY i •,I .. DATE 5�7� y 45 r~
THAT by-la number 7-26 be read a third time . Reading disPen ed.
with and finally passed .
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11111 A ,
VILLAGE OF PORT BURWELL i`'
SCHEDULE "A" • qp). !
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- RI RESIDENTIAL TONE 1
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CI GENERAL COIMIERCIAL This Is Schedule 'A'
to Eiy-Law
No
C2 LOCAL COMMERCIAL Passed the Cay of
C3 HARBOUR GONNERCIAL N 19e .
I INSTITUTIONAL
M INDUSTRIAL Reeve
Clerk
P PARK Z RECREATIONAL
H HAZARD LAND \ • .
r . ,
TABLE Or CONTENTS
SECTION TITLE PAGE
1 Interpretation and Administration 1
2 Definitions 5
•
3 Zones and Zoning Map 18
4 General Provisions 20
5 R-1 Zoning 30
6 R-2 Zoning 33
7 Schedule "A" & "AA" 36
1100
71;r-
EXPLANATORY NOTE
By-law No. 87-26
Village of Port Burwell
By-law 87-26 is a zoning by-law for the East side of Elizabeth
Street, North of Wellington and only affects the lands as shown
on schedule "AA" . This by-law implements the Official Plan of
the East Elgin Planning area as it applies to this land .
The by-law regulates the use of all land, buildings and structures
that will be part of a new subdivision on approximately 8 acres
of land.
I
j
1 -
111/4
BY-LAW NO. 87-26
RESTRICTED AREA BY-LAW
VILLAGE OF PORT BURWELL
East side of Elizabeth Street north of Wellington as shown on
the accached map marked appendix "A" .
A By-law to regulate the use of land, the character , loca-
tion and use of buildings and structures in the Village of
Port Burwell .
WHEREAS the Council of the Corporation of the Village of
Port Burwell deems it expedient to implement the Official
Plan of the East Elgin Planning Area; and
WHEREAS authority is granted under Section 33 of "he Plan-
ing Act, R.S .O. , 1984 ' - -
to pass znis By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BURWELL ENACTS AS FOLLOWS :
SECTION 1 INTERPRETATION E. ADMINISTRATION
1 . 1 SHORT TITLE
This By-law shall be known as the "Zoning By-law number 87-26
By-law" of the Corporation of the Village of
Port Burwell .
1 . 2 APPLICATION
The provisions of this By-law shall apply to all
lands within the boundaries of the Corporation of
the Village of Port Burwell as now or hereafter
legally constituted as shown on schedile "AA" .
1 . 3 SCOPE
No lands shall be used and no buildings or struc-
tures shall be erected, built, constructed,
(reconstructed, relocated, altered, enlarged or
used within the Village of Port Burwell except in
conformity with the provisions of this By-law as it affects
the subject land as shown on schedule "AA" .
1 . 4 MINIMUM REQUIREMENTS
lh 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.
- 2
1 . 5 MEANING OF USE
Unless the context otherwise requires, the expres-
• sion "use" or "to use" in this By-law includes
anything done or permitted by the owner or occu-
pant of any land or building, directly or indirectly
or by or through any trustee, tenant, servant, or
agent, acting for or with the knowledge or consent
of such owner or occupant, for the purpose of
making use of the said land or building.
1 . 6 MEANING OF SHALL
In this By-law, the word "shall" shall always be
construed as maadatory .
1 . 7 NUMBER AND GENDER
In this By-law, unless the contrary intention
appears otherwise, words imparting the singular
number or the masculine gender only shall include
more persons, parties or things of the same kind
than one, and females as well as males, and the
converse.
1 . 8 ADMINISTRATION •
This By-law shall be administered by the Building
Inspector or such other person as the Council of
the Village of Port Burwell designates .
1 . 9 INSPECTION OF PREMISES
The Building Inspector or any other person acting
under the direction of Council , may, at any reason-
able hour, enter and inspect a property or premises
where there is reason to believe that any land has
been used or any building or structure has been
erected, altered, or enlarged, or used in violation
of any of the provisions of this By-law.
1 . 10 APPLICATION FOR BUILDING PERMITS
In addition to all other requirements of the
Ontario Building Code or any other building code
or building by-law, every applicant for a building
permit shall file with his application a plan, in
duplicate, drawn to scale, in metrics, showing the
true dimensions of the lot proposed to be built
upon or otherwise developed, the proposed location,
arade or height and dimensions of the building or
11111 work in respect of which the permit is applied for
and the location on such lot of every existing
building, together with a statement, signed by the
owner, disclosing the exact use proposed for each
building aforesaid and give all information necessary
t to determine whether or not such building and the
proposed use thereof conform with the requirements
e {h iS 44•LAW .
- 3 -
i .11 BUILDINGS TO BE MOVED
In all zones, any building or structure which is
moved from one location to another, whether within
the zone or from one zone to another, or from any
location beyond the boundary of the Municipality,
into any zone, shall be considered as being a new
building or structure and shall comply with the
provisions of this By-law. No building, residential
or otherwise, shall be moved within the limits of
the municipality or shall be moved into the Municipality
from outside without a permit from the Building
Inspector . This provision shall not apply to
utility sheds .,
1 . 12 LICENCES AND PERMITS
No municipal permit, certificate, or licence shall l
be issued which would allow a violation of any of
the provisions of this By-law.
1 . 13 VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses
any building in a manner contrary to any require-
ment of this By-law, or who causes or permits such
use or erection, or who violates any provision of
this By-law or causes or permits a violation, is
guilty of an offence and upon conviction shall be
liable to a fine not to exceed one thousand dollars
($1, 000 . 00) exclusive of costs , for each offence,
and every such penalty shall be recoverable under -
The Summary Convictions Act, R.S .O. , 1970 as amended
from time to time .
1 . 14 REMEDIES
Where any building is or is proposed to be erected,
altered, reconstructed, extended or enlarged, or
any building or part thereof is or is proposed to
be used, or any land is or is proposed to be used,
in contravention of the provisions of this By-law,
the same may be restrained by action at the
instance of any ratepayer, or of the Council of
the Municipality pursuant to the provisions of
The Planning Act, R.S .O. , 1970, as amended from
time to time.
1 . 15 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality
11111 under Section 35 of The Planning Act, R. S .O. , 1970
or a predecessor therec = are hereby repealed
except to the same extent that any of the said
by-laws prohibit the use of any land, building,
or structure for a purpose that is also prohibited
by this By-law.
• - 4 - •
1 .16 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any
person from the obligation to comply with the
requirements of any other by-law of the Munici-
pality in force from time to time or the obliga-
tion to obtain any license, permit, authority or
approval required under any by-law of the '
Municipality.
1. 17 VALIDITY
Should any section, • clause or provision of this
By-law be held by a court of competent juris-
diction to be invalid, the validity of the re-
mainder of the By-law shall not be affected.
1. 18 EFFECTIVE DATE
This by-law shall come into full force and effect
upon passing.
- 5 -
-----------mmmm7m
SECTION 2 DEFINITIONS
2 . 1 ACCESSORY, shall mean a use, a building or structure
that is normally incidental , subordinate and exclusively
devoted to a main use, building or structure and that
is located on the same lot.
2 . 2 AGRICULTURAL USE, shall mean the cultivation of land,
the production of field crops and the selling of such
produced on the premises , and includes the breeding,
care and raising of livestock and the selling of such
livestock or the product of such livestock raised in
the premises .
2 . 3 ALTER, when used in reference to a building or structure
or part thereof , shall mean to change any one or more
of the internal or external dimensions of such building
or structure or to change the type of construction of the
exterior walls or roof thereof . When used in reference
to a lot, the word L"alter" means to decrease_ the width ,
depth or area thereof or decrease_ the width, depth, or
area of any required yard, setback, landscaped open
space, or parking area , or to change the location of any
boundary of such lot with respect to a street or lane,
whether such alteration is made by conveyance or alie-
nation of any portion of said lot, or otherwise.
2. 4 ATTACHED, shall mean a building otherwise complete in
itself , which depends for structural support, or complete
enclosure upon a division wall or walls shared in com-
mon with an adjacent building or buildings .
2. 5 AUTOMOBILE SALES ESTABLISHMENT, shall mean a building
or lot used for the display and sale of new and used
motor vehicles and may include the servicing, repair,
cleaning, polishing and greasing of motor vehicles ,
the sale of automotive accessories and related products
and the leasing or renting of motor vehicles.
2 . 6 AUTOMOBILE SERVICE STATION or SERVICE STATION, shall
mean a building or part of a building or a clearly
defined space on a lot used for the retail sale of
lubricating oils and gasolines and may include the
sale of automobile accessories and establishments where
only the servicing and minor repairing essential to the
operation of motor vehicles are executed or performed;
it may also include the washing of motor vehicles .
2 . 7 BASEMENT, shall mean that portion of a building between
two floor levels which is partly underground but which
has at least one-half of its height from finished floor
to finished ceiling above adjacent finished grade.
. .
6 -
. 1100 _.
2 . 8 BOARDING HOUSE, and ROOMING HOUSE and TOURIST HOME,
shall mean any house or building or portion thereof in
which the proprietor resides and supplies for hire or
gain to other persons, lodging and/or meals , but shall
not include a hotel, motel , hospital , home for the
young or the aged, or institution, or restaurant
accommodating the general public.
2 . 9 BUILDING, shall include any structure whether temporary
or permanent, used or intended for sheltering any use
of occupancy but shall not include a boundary wall or
fence, travel trailers, company trailer, truck camper,
motor home or tent.
2 . 10 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or other structures may be
erected, used and maintained .
2. 11 BUILDING BY-LAW, shall mean any building by-law within
the meaning of The Planning Act, R.S .O. , 1970.
2 . 12 BUILDING INSPECTOR, shall mean the officer or employees
of the Municipality for the time being charged with the
duty of enforcing the provisions of the Building By-law.
2. 13 BUILDING LINE, shall mean a line within a lot drawn
parallel to a lot line; it establishes the minimum
distance between the lot line and any building or struc-
ture which may be erected. Where the lot line is a
curve, the building line shall be a line drawn parallel
to a chord of the arc constituting the lot line . A chord
is a straight line joining two points on a curve .
2. 14 BUILDING LINE, ESTABLISHED, a building line shall
be considered to be established between existing
buildings where at least five (5) main buildings
have been erected on any one side of a continuous
one hundred and fifty (150. 0) metre strip of land
fronting on a street or road. The established
building line shall thus mean the average setback of
the existing main buildings .
2. 15 CAMPGROUND, shall mean a use consisting of at least
five camping sites, licensed under the provisions of
The Municipal Act , R.S .O. , 1970, and comprising land
used or maintained for seasonal recreational activity
as grounds for the camping or parking of a tent, motor
home, travel trailer, or truck camper, but not a mobile
home.
11. 2. 16 CARPORT, refer to definition of Garage (Private)
2. 17 CELLAR, shall mean that portion of a building between
two floor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade.
•
. lipILLUSTRATION OF - BUILDING•.
HEIGHT DEFINITION
t--1----,d F a
HI
1 Flat Roof
FRONT RIDGE
n.--------7--;tr-
I EAVE ,
H1 •
1 _ Gable Roof
FRONT SIDE •
RIDGE
t1'2
AIM—LT
H
_ _ 1 _ Hip Roof
FRONT SIDE
t RIDGE
i2 I
),- EAvE
H
- - I _ Gambrel Roof
FRONT SIDE
RIDGE
IT
DEli‘ CK LINE
H
_ Mansard Roof
FRONT SIDE
RIDGE
IM :1 _ AIM H
One Slope Roof
FRONT SILK
IP°
H-HEIGHT OF BUILDING NOTE: TME ABOVE ILLUSTRATION 6 FOR CLARIFICJITION AND
COF:VENIENCE ONLY AND DOES NOT FORM
•
- 7 -
2 . 18 CHURCH, shall mean a building dedicated to religious
worship and may include a church hall , church
auditorium, Sunday school , parish hall and church day
nursery.
2 . 19 CLINIC, shall mean any building containing more than
two rooms used or intended for use for any of the pur-
poses of medical or dental practice, and without limit-
ing the generality of the foregoing, includes the offices
or consulting rooms of members of the medical or dental
professions listed in this By-law under the definition
"Home Occupations" and includes any building in which
two or more Home Occupations are being carried on by
members of the said medical or dental profession.
2 . 20 COVERAGE, shall mean in the case of a residential build-
ing or structure that portion or percentage of the area
of any lot upon which buildings or structures are erected
or permitted to be erected on the lot (not including a
swimming pool) measured at the level of the lowest
storey containing habitable rooms , and in the case of
a non-residential building or structure, that portion
or percentage of the area of buildings or structures
erected or permitted to be erected on the lot (not in-
cluding a swimming pool) measured at the level of the
lowest storey above grade, including in both cases all
porches and verandahs, open, unenclosed terraces at
grade, steps, cornices, eaves, bay windows, chimneys .
2 . 21 DRAIN, MUNICIPAL, shall mean a drain owned by a
Municipality.
2 . 22 DWELLING, shall mean a building, occupied or capable
of being occupied exclusively as a home, residence or
sleeping place by one or more persons, but shall not
include hotels, boarding or rooming houses, motels,
institutions or living quarters for a caretaker , watch-
man or other person or persons using living quarters
which are accessory to a non-residential building or
structure.
2 . 23 DWELLING, CONVERTED, shall mean a dwelling originally
designed as a single family dwelling unit, which be-
cause of size or design is or can be converted by
partition and the addition of sanitary facilities and
cooking facilities into more than one dwelling unit.
2 . 24 DWELLING, DUPLEX, shall mean a building that is divided
horizontally into two (2) dwelling units each of which
has an independent entrance either directly or through
a common vestibule.
2 . 25 DWELLING, MULTIPLE-FAMILY, shall mean a building that
111111 contains three (3) or four (4) dwelling units which have
a common entrance and the occupants of the units have
the use of common corridors, stairs, elevators, yards or
one or more of them.
- - 8 -
110 2 . 26 DWELLING, SEASONAL, shall mean a dwelling used as a
secondary place of residence for recreational purposes
and not intended to be occupied as a year-round permanent
dwelling .
2 . 27 DWELLING, SEMI-DETACHED, shall mean a building that is
divided vertically into two (2) dwelling units each of
which has an independent entrance either directly or
through a common vestibule .
2 . 28 DWELLING, SINGLE-FAMILY DETACHED, shall mean a building
designed, intended and/or used for occupancy by not
more than one family .
2 . 29 DWELLING, TOWNHOUSE, shall mean a separate building
containing three or more attached one-family units with
a common dividina wall , each of which has an independent
entrance either directly or through a common vestibule.
2 . 30 DWELLING TRIPLEX, shall mean a building that is divided
horizontally into three (3) separate dwelling units, each
of which has an independent entrance either directly or
through a common vestibule.
2 . 31 DWELLING UNIT, shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
or family, with a private entrance from outside the
building.
2 . 32 ERECT, shall include building construct, reconstruct,
alter and relocate and, not to limit the generality of 2
the foregoing, shall be taken to include any preliminary
physical operation such as excavating, grading, piling, '
cribbing, filling or draining, structurally altering
any existing building or structure by an addition,
deletion, enlargement or extension.
2 . 33 EXISTING, shall mean existing as of the date of the
passing of this By-law.
2 . 34 FAMILY, shall mean an individual , or two (2) or more
persons who are interrelated by blood or marriage or
legal adoption, or a group of not more than three ( 3)
unrelated persons, exclusive of servants, occupying a
dwelling unit, and not more than two (2) persons who
receive their lodging and/or board for compensation.
2 . 35 FARM, shall mean a parcel of land together with its
dependent buildings including one single-family detached
dwelling and accessory buildings held for the purpose
of agricultural use.
- 9 -
, 2 . 36 FLOOR AREA, shall mean the ground floor area of a build-
ing measured in -the- manner set out in the definition of
"Ground Floor Area" in this By-law. The "Floor Area"
shall not include the basement or cellar as a portion
of the "Floor Area" .
2 . 37 FLOOR AREA, GROUND, shall mean the area of a building
or structure measured from the outside of all exterior
walls, at grade, exclusive of any accessory building
garage, basement, cellar, terrace, verandah, open or
enclosed porch or sunroom, unless such sunroom or en-
closed porch is an integral part of the building and
habitable in all seasons .
2 . 38 GARAGE (PRIVATE) or CARPORT, shall mean a building or
portion of a building designed for the storage of not
more than three (3) private passenger motor vehicles
wherein no service for profit is rendered; where such
structure is attached to the main building, it shall be
deemed to be part of the main building and not an acces-
sory building .
2 . 39 GARAGE, PUBLIC, shall mean a building or structure where
motor vehicles are kept or stored for remuneration or
repair, but does not include an automatic car washing
establishment, a motor vehicle sales lot or an automobile
service station.
2 . 40 GAS, shall mean natural gas, manufactured gas , propane-
(arc) gas , or any mixture of any of them.
2 . 41 GOLF COURSE, shall mean a public or private area
operated for the purpose of playing golf including a
par three golf course, driving range, miniature golf
course, or combination thereof .
2 . 42 GRADE, shall mean:
a) for a building adjoining one street only, the •
elevation of sidewalk at the center of that wall
adjoining the street;
b) for a building adjoining more than one street the
average of the elevation of the sidewalk at the
center of all walls adjoining the streets;
c) for a building having no walls adjoining the street,
the average level of the ground (finished surface)
adjacent to the exterior walls of the building;
d) all walls not more than four and one-half (4 . 5)
metres from the street line shall be considered
as adjoining the street. If the adjoining street
has no public sidew$lk, the grade shall be deter-
mined by the Building Inspector.
- 10 -
P 2 . 43 HEIGHT, when used with reference to a building or struc-
ture shall mean the vertical distance in feet between
the horizontal plane through grade level and a horizon-
tal plane through:
a) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof ;
b) the average level of a one slope roof, provided
that such roof having a slope of less than twenty
degrees with the horizontal shall be considered
a flat roof;
c) the average level between eaves and ridges in the
case of a roof type not mentioned in sub-sections
(a) and (b) immediately preceeding.
The height regulations shall not apply to any ornamental
dome, chimney, tower, storage silo, barn, cupola, steeple,
church spire or water storage tank.
2 . 44 HOME OCCUPATION, shall mean an occupation for gain or
support conducted entirely within a dwelling as a sec-
ondary use and only by members of the family residing
on the premises plus not more than one (1) assistant who
is not a resident of the said dwelling . ,
• q • -
2 . 45 HOTEL, means any hotel, tavern, inn, lounge, or public
house in one main building or in two or more buildings
used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing
sleeping accomodations of not less than six (6) guest
rooms, which guest rooms contain no provisions for cooking,
and all such buildings operating under The Liquor License
Act, P.. S .O. , 1970 and The Tourist Establishment Act, H. S .O. ,
1970. 4 ✓ j. .
2. 46 INSTITUTIONAL USE, shall mean the use of land, buildings
or other structures for some public or social purpose
but not for commercial purposes and may include govern-
mental , religious, educational, charitable, philanthropic,
hospital or other similar but non-commercial uses .
2 . 47 KENNEL, ANIMAL, shall mean any lot, building or structure
on or within which four (4 ) or more domesticated animals
more than four (4 ) months of age are housed, groomed, bred,
boarded, trained, or sold and which may offer provisions
for minor medical treatment.
2. 48 LOADING SPACE, shall mean a space or bay located on a
lot which is used or intended to be used for the tem-
porary parking of anv commercial vehicle while loading
or unloading goods, anerchandise or materials used in
connection with the main use of the lot or any building
thereon, and which has unobstructed access to a street
or lane.
r
- 11 -
1101 2 . 49 LOT, shall mean a parcel of land, described in a deed
or other document legally capable of conveying land
or shown as a lot ox block on a registered plan of sub-
division.
2 . 50 LOT AREA, shall mean the total horizontal area within
the lot lines of a lot and in the case of a corner lot
having street lines rounding at a corner with a radius
of six (6 . 0) metres or less , the lot area of such a lot '
is to be calculated as if the lot lines were projected
to this point of intersection.
2 . 51 LOT, CORNER, shall mean a lot situated at the intersec-
tion of and abutting upon two or more streets which
intersect at an angle of less than one hundred and
thirty-five (135) degrees and each of which is at least
ten (10 . 0) metres wide.
2 . 52 LOT DEPTH, shall mean the horizontal distance between
the front and rear lot lines . Where these lines are
not parallel , it shall be the length of a line joining
the mid-points of the front and rear lot lines; for
lots with curved front lot lines, the measurement shall
be taken from a line drawn parallel to the chord of the
arc of the curve constituting the front lot line, lying
midway between said chord and a line drawn parallel to
said chord and tangent to said arc.
2 . 53 LOT FRONTAGE, shall mean the horizontal distance between
the side lot lines of a lot measured at right angles,
but where such lot lines are not parallel, the lot
frontage shall be measured perpendicularly from the
line joining the center of the front and rear lot lines
at a point six (6) metres back from the front lot line.
2 . 54 LOT INTERIOR, shall mean a lot other than a corner lot.
2 . 55 LOT LINES , shall mean the boundary lines of a lot de-
fined as follows:
a) Front lot lines shall mean the line dividing the
lot from the street; in the case of a corner lot
the shorter boundary line abutting the street
shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed
the side lot line, in case each of such lot lines
should be of equal length the front lot line shall
be deemed to be the front lot line as established
in the block by prior construction. In the case
of a through lot, the longer boundary dividing
the lot from the street shall be deemed to be the
front lot line and the opposite shorter boundary
{' shall be deemed to be the rear lot line. In case
110 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.
. 401/ ,
ILLUSTRATION OF LOT
DEFINITIONS
Mid Pptnt of
/,z--„ �f Fon, Une
s.
�
I
�
of
M.0 Pant of o
Flout Lot 1.67. O,stance Speckled `1
to I'e By' Law I
1
/ ` M.0 POmt of I /t Mid Ppnl
`.-- S.Oe lot L ne Near lot Lint I of Front
/ Lot One
Lot Depth t
Front aro •
Pear Lot Aae■ of lnanga
Side Lo, One lines are not Parana, Foamed Oy 1M StOe lot Orel.
Lo, enOtCula Measured on Loy
Pero. Lot Depth IncMdK oa to IM Lone rt OnU
Ire Mt0 Pant of Front lOf line \ ho Near lot line
to Ave. of Ltanwe Formed by .�
tett So. Lot Ltnt
Lot Frontage
4 2.. _, , ,
L o, Frontage M...ured on i 1
Lw{ Pel0ertOCutar to lin. 7w"."'"'"Att.....,.................................2onf Lot Line—_
And P ata.aof L W frau, I lntougn Lot
Fton, lot Una end Hear Lof line
M.0 Pan,af�' inter Dor inter roe Rear lot Front LoLLot lotLax. Fl
O.slaKaGpnt GOr t
In to TO/ $oe Lot Line I I
In ,,,eLO, Lot ,
By 1..� M..1 point of — —y-— -0,. Lot Depth
/ Pea, Lot LaM `\ Front and Nr.r Lot
L"Lines ala Palatial
f — 5.0e Lot ltA
Lot Frontage
Lot Ltrres are nt.' Parana.
Lot Frontage
M / I.,gents alt N,
LrMs IS at to iwOugn co,
E.Irem.t.es C
Intel tM l01 OM
/ ` • StOe t.pt One
ikIP
Ftcs Ld Levi- —�Garyr
Lot Corner ��
[qr Urn.. L a.G•r,red son
Lot Corner
Cone' 101 S' wont S.OeaIlk \
NOTE: THE ABOVE ILLUSTRATIONS ARE
FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO
NOT FORM PART OF THIS
BY-LAW.
- 13 -
2 . 64 MOTOR HOME, shall mean _a structure built on and made
an integral part of a self-propelled motor vehicle
chassis other than a passenger automobile chassis ,
primarily designed to provide temporary living quarters
for recreation camping and travel use.
2 . 65 MOTOR VEHICLE, shall mean a wheeled self-propelling
vehicle for the transportation of passengers and goods
without limiting the generality of the foregoing in-
cludes automobiles, trucks, buses , ambulances, hearses,
motor homes and tractors .
2 . 66 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking
lot, building or lot where motor vehicles are hired,
kept or used for hire, or where such vehicles and
accessories are stored or kept for sale, and where motor
vehicles may be oiled , greased or washed, or have their
ignition adjusted, tires inflated or batteries charged
or where repairs essential to the actual operation of
motor vehicles are executed or performed.
2 . 67 MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building
or part of a building, or clearly defined space on a lot
where gasoline, oil , grease, anti-freeze, tires, tubes ,
tire accessories , electric light bulbs, spark plugs and
batteries for motor vehicles are stored or kept for sale,
or where motor vehicles may be oiled, greased or washed,
or have their ignition adjusted, tires inflated or
batteries charged or where only minor or running repairs
essential to the actual operation of motor vehicles are
executed or performed.
2 . 68 MUNICIPALITY, shall mean -the Corporation of the Village
of Port Burwell.
2. 69 NON-COMPLYING, shall mean that which does not conform
comply or agree with the regulations of this By-law as
of the date of final passing thereof.
2 . 70 NON-CONFORMING, shall mean a use which is not a use
permitted in the zone in which the said use is situated.
2 . 71 NON-RESIDENTIAL, when used with reference to a building,
structure or use, shall mean designed, intended or used
for purposes other than those of a dwelling.
2 . 72 NURSING HOME, shall mean a building in which the proprietor
supplies for hire or gain lodging with or without meals,
and, in addition, provides nursing, medical or similar
care and treatment, if required, and shall include a
rest home or convalescent home.
2. 73 OCCUPANCY, shall mean to reside in as owner or tenant on
a permanent or temporary basis .
110' •
- 12 -
b) Rear lot line shall- mean the lot line far-chest
from or opposite to the front lot line. In the
case of lots abutting streets on more than two
sides, rear lot line shall mean the rear lot line
as established by prior construction.
c) Side lot line shall mean a lot line other than a
front or rear lot line .
2 . 56 LOT, THROUGH, shall mean a lot bounded on two opposite
sides by streets each of which is at least ten (10 . 0)
metres wide. Provided, however, that if any lot quali-
fies as being both a corner lot and a through lot as
herein before defined, such lot shall he conclusively
deemed to be a corner lot .
2 . 57 MAIN BUILDING, shall mean the building in which is
carried on the principle purpose for which the lot is
used.
2 . 58 MAIN WALL, shall mean the exterior front, side or rear
wall of a building, and all structural members essential
to the support of a fully enclosed space or roof .
2 . 59 MOBILE HOME, shall be defined according to the provisions
of Section 35C (1 ) (a) of The Planning Act R.S .O. , 1970 as
amended from time to time.
2 . 60 MOBILE HOMESTAND, shall mean that part of a Mobile Home
Lot which is reserved for the placement of a mobile
home.
2 . 61 MOBILE HOME LOT, shall mean a parcel of land within
a Mobile Home Park intended to be occupied by no more
than one mobile home.
2. 62 MOBILE HOME PARK, shall mean a parcel of land under
single ownership which contains lots for mobile homes
together with commercial and recreational uses for the
Mobile Home Park residents .
2 . 63 MOTEL, shall mean a building, or two (2) or more
detached buildings for the purposes of catering to the
needs of the travelling public, by furnishing sleeping
accommodation with or without supplying food and shall
include a motor court, auto court, and all such buildings
operating under The Liquor License Act, R.S .O. , 1970 and
The Tourist Establishments Act , R.S .O. , 1970 . a . s
• 11/PIP - 14 -
2 . 74 OFFICE, GENERAL, shall mean any building or part of a
building in which one or more persons are employed
in the management, direction or conducting of an
agency, business, labour, or fraternal or an' - on,
but excludes such uses as retai sa e, manufacture,
assembly or storage of goods, or places of assembly
and amusement.
2. 75 OFFICE, PROFESSIONAL, shall mean any office used by
professionally qualified persons, for the purposes of
giving advice, consultation or treatment to clients or
patients.
2 . 76 OIL, shall mean crude oil, and includes any hydrocarbon
that can be recovered in liquid form from a pool through
a well .
2 . 77 OUTSIDE STORAGE, shall mean the storage of goods in the
open air and in unenclosed portions of buildings which
are open to the air on the sides .
2 . 78 OWNER, shall mean the person who holds legal title to a
piece of property.
2 . 79 PARKING LOT, shall mean an area provided for the parking
of motor vehicles and may include aisles , parking spaces
and related entrance and exit lanes, but shall not include
any part of a public street.
2 . 80 PARKING SPACE, shall mean an area enclosed in a principal
building, in an accessory building or unenclosed, having
an area of not less than eighteen (18) square metres,
exclusive of aisles or driveways and accessible to a
street or lane and set aside for the purpose of parking
an automobile.o• .)., .
2. 81 PARKS AND RECREATIONAL USE, shall mean any area of land,
whether enclosed or not, maintained or owned by the
Municipality or a public authority for the enjoyment,
health and well-being of the people and normally open
to the public.
2 . 82 PERMITTED, shall mean permitted by this By-law.
2 . 83 PERSON, shall include an individual , an association, a
firm, a partnership, an incorporated company, municipal
corporation, agent or trustee and their heirs, executors,
or other legal representatives of a person to whom the
context of this By-law can apply according to law.
4/11 2 . 84 PIT, shall mean any opening, quarrying, or excavation
of or in the ground for the purpose of removing soil, -(?
rock, sand, gr-vel, earth, clay, or limestone and the
processing thereof for commercial purposes including
screening, sorting, washing, crushing, and other similar '
operations, including required buildings and structures,
but does not include a water well, oil well, natural
gas well , or way-side pit.
• 11/0 - 15 -
•
•
2 . 85 PIT, WAYSIDE, shall mean a pit opened and used by a public
•
road authority for the purposes of a particular road
construction project or contract only.
2. 86 PUBLIC AUTHORITY, shall mean any school board, public •
utility commission, transportation commission, public
library board, board of parks management, board of
health, board of commissioners of police, planning
boards or commission or committee of local authority
established or exercising any power or authority under
any general or special Statute of Ontario with respect
to any of the affairs or purposes of a municipality
or a portion thereof, and includes any committee or
local authority established by by-law of the Council .
2. 87 RESIDENTIAL USE, means the use of a building or structure •
or parts thereof as a private dwelling.
2 . 88 RETAIL STORE, shall mean a store or shop within which is
conducted the selling or buying of goods primarily to
or from the general public and accessory thereto and may
include automobile accessories stores , garden centres
and liquor stores .
2 . 89 SANITARY SEWAGE FACILITIES, MUNICIPAL, shall mean a
publicly-owned and operated system whereby sanitary
sewage is pumped, transported or piped from any or all
buildings in the municipality to a central collection
station for processing and discharge pursuant to the
regulations of the Ontario Ministry of the Environment.
2. 90 SCHOOL, shall mean any school established and maintained
by the Elgin County Board of Education, or the Elgin
County R SC eparate SclOOl,Board. . o
2 . 91 SCHOOL, PRIVATE, shall mean an educational or training •
establishment which is not under the jurisdiction of a
Board as defined by The Department of Education Act,
R.S .O. , 1970, as amended from time to time.
2 . 92 SENIOR CITIZEN HOME, shall mean a multiple housing unit
for the aged where over fifty (50) percent of the dwelling
units are designed, intended and/or used for persons sixty
(60) years of age or over.
2 . 93 SERVICE SHOP, shall mean any building or part thereof
where appliances and machinery are sold, serviced, or
repaired and includes building trades establishments but
excludes any manufacturing, processing, or wholesaling.
11111 2. 94 SETBACK, shall mean the horizontal distance from the centre
line of the street allowance, measured at right angles
to such centre line, to the nearest part of any building
or structure on a lot.
- 16 -
•
. 5 SHOPPING CENTER, means a building or a group of build-
ings for the use of commercial business establishments,
planned, designed, developed and managed as a unit
• having off-street- parking provided on the site.
2 . 96 STOREY, FIRST, shall mean the lowest storey of a building,
excluding the basement or cellar .
2 . 97 STOREY, HALF, shall mean the portion of a building lo-
cated wholly or partly within a sloping roof , having
side walls not less than one (1 . 0) metre in height and
the ceiling with a minimum height of 2 . 3 metres over
an area equal to at least fifty (50) percent of the
area of the floor next below.
2 . 98 STREET, ARTERIAL or ROAD, ARTERIAL, shall mean a street
or road under the jurisdiction of the Province of Ontario
or the County of Elgin.
2. 99 STREET OR ROAD, shall mean a public highway as defined
by The Municipal Act.
2 . 100 STRUCTURE, shall mean any material, objects or work
erected as a unit or constructed or put together of
connected or dependent parts or elements whether located
under, on, or above the surface of the ground, but does
not include a sign, a fence or a swimming pool.
2 . 101 TAVERN, shall mean an establishment operating under
The Liquor License Act, R.S .O. , 1970, as amended from
time to time, where alcoholic beverages are sold to
be consumed on the premises .
2. 102 TOURIST HOME, refer to the definition of Boarding House .
2 . 103 TRAVEL TRAILER, shall mean any vehicle so constructed
that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled
by the motor vehicle, but not including any vehicle
unless it is used or intended for the living, sleeping
or eating accommodation of persons therein for seasonal
recreational activity.
2 . 104 TRAVEL TRAILER LOT, means a parcel of land intended to
be used by no more than one travel trailer.
2 . 105 TRAVEL TRAILER PARK, means a parcel of land under single ,
ow_r=Y�p. which provides accommodation for travel trailers .
2. 106 TRUCK CAMPER, shall mean a portable structure, designed
to be loaded onto, or affixed to, the bed or chassis of
a truck, constructed to provide temporary living quarters
for recreation, camping or travel use.
2 . 107 USE, (when used as a noun) shall mean the purpose for
which any land, building or structure is designed, _
arranged or intended to be occupied or used, or for
which it is occupied, used or maintained.
- 17 -
. 108 WATER SUPPLY SYSTEM, MUNICIPAL, shall mean a publicly-
owned and operated system whereby water is piped to
more than one dwell,ing_ unit, or to more than one
commercial use, or to more than one institutional use,
or combination thereof, situated on separate lots .
p .
2 . 109 YARD, shall mean an open space on the same lot with a
main building or structure, unoccupied and unobstructed
except as otherwise provided in this By-law.
a) FRONT YARD, shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building
on such lot. The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the
front lot line and the nearest part of the main
building or structure.
b) REAR YARD, shall mean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot. The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure.
c) SIDE YARD, shall mean a yard between a building
or structure and the side lot line extending from
the front yard or front lot line (if no front
yard is required) to the rear yard or rear lot
line ( if no rear yard is required) . The depth of
any side yard shall be deemed to be the perpendi-
cular distance measured in a horizontal plane
between a point in the side lot line and the
nearest part of the main building or structure.
d) SIDE YARD, EXTERIOR, shall mean a side yard
immediately adjacent to a public street .
0
ILLUSTRATION OF YARD
DEFINITIONS
s.•• l.0 l,•.
ILot p.•.•
I
l•1
1 •dose to, leer
i
••w.w •..r tut •..f...• •dodo• 4e•
•dodo•..N M •• •do•. .u• lot a
--S T T T — a 11T
s.....•I I I • �%T I
I .
,.)‘N.;.-.'";',i , I ,.....— -4,e.
•' 1 ( � �� dodo 'r1 I l+.
�� Building ' I •.., � i Building ' I
do.r•••fw .A. t;; I s ■ • B . 1
dodo.• ��
1?4. e•r 3..7dodo.• ( �/F .y�,.w • ♦^�V .'4'
I ; «�+,' Wil * I
I•«,dodo.•
•
I I ...4 s .... ti� rr, ' 1
i I I s2 o� I
•dodo✓+.• •...1.•N LM, •..I I,.•' •M ••ww• •do....rM
3..Alava Ir.•�V•. •r • •I �• I..•. •u• 3.,i dodo•
I
5,..., 1.... •• .,M1 1.1 ,.•.
_ _ _ _ _1_
c.•........ •. s,.•.,
IP° NOTE: The Above Illustration is lot Clarification
and Conv•nlenc• Only and does not form
part of this By•lawr.
• - 18 -
. •
SECTION 3 ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONES-
For the purposes of this By-law the map hereto annexed
as Schedule 'A' shall be referred to as the "Zoning
Map" for the Village of Port Burwell and the Zoning Map
shall be divided into the following zones :
ZONE SYMBOL
Agricultural A
Residential Zone 1 Rl
Trailer Park TP
General Commercial Cl
Local Commercial C2
Harbour Commercial C3
Institutional I
Industrial M
Park and Recreation P
Hazard Land H
3 . 2 USE OF ZONE SYMBOLS
The symbols listed in Subsection 3 . 1 shall be used to
refer to land, buildings, and structures and the uses
thereof permitted by this By-law in the said zones , and
wherever in this By-law the word "zone" is used, pre-
ceeded by any of the said symbols, such zones shall
mean any area within the Village of Port Burwell delin-
eated on the Zoning Map and designated thereon by the
said symbol.
3 . 3 APPLICATION OF REGULATIONS
No person shall within any of the zones of the munici-
pality use any land or erect, build, construct, recon-
struct, relocate, excavate for, alter, add to, enlarge, .
extend or use any building or structure, except in
conformity with this By-law for the zone in which such
land, building, structure or use is located.
3 .4 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the
boundary of any of the said zones as shown on the
Zoning Maps, the following shall apply:
a) unless otherwise shown, the boundary of the zones
01 as shown on the Zoning Maps are center street
lines or lot lines and the production thereof;
b) where zoning boundaries are indicated as approx-
imately following lot lines shown on a registered
plan of subdivision, such lot lines shall be deemed
to be the said boundary;
110 - 19 -
c) where zoning boundaries are indicatedas
approx-
imately parallel to the line of any
t and
the distance from such shalltbesconstruadnot cased,
such zoning boundaries
being parallel to such street and
tththe
udistance
therefrom shall be determined by
of the
scale shown on the zoning
d) where any zone boundary is left uncertain after
application of the provisions of sections 3 . 4 a) ,
b) and c) of this By-law, then the boundary line
shall be determined according to the scale on
Schedule 'A' to this By-law.
- 20 -
110
SECTION 4 GENERAL PROVISIONS
4 . 1 APPLICATION
The provisions of this section apply in all zones
except as may be indicated otherwise.
4 . 2 ACCESSORY USES
Accessory uses , buildings , or structures, are
permitted in any yard, in any zone, subject to the
provisions of this By-law for the particular zone
in which said building or use is located, and
provided that any accessory building or use:
4 . 2 . 1 shall not be used for human habitation, except
where a dwelling unit is a permitted accessory use;
4 . 2. 2 shall not be built closer to the front lot line
or side lot line than the minimum distance required
by this By-law for the main building on the lot;
4 . 2. 3 shall not be located in the front yard or the
exterior side yard, in the case of a corner lot;
4 . 2 . 4 shall not be built closer to the street than the
main building is to that street;
4 . 2 . 5 shall not be built closer than one (1 . 0) metre to
any lot line except:
a) that common semi-detached private garages or
carports may be centred on the mutual lot
line;
b) that where a lot line abuts a public lane an
accessory building may be located not less
than one-half (0. 5) metre from said lane.
4 . 2 . 6 shall not exceed six (6) percent coverage of the
total lot area;
4 . 2. 7 shall not exceed six (6 . 0) metres in height;
4 . 2. 8 shall not be built within two (2 . 0) metres of the
main building except where a dwelling unit is a
permitted accessory use;
4 . 2. 9 shall not be considered as an accessory building
if attached to the main building in any way except
where a dwelling unit is a permitted accessory
use;
c,
- 21 -
110
4 . 2 . 10 shall not be considered an accessory building if
located completely underground.
4 . 3 COMMERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law,
where a commercial use is permitted as an acces-
sory use in an industrial zone, it shall be located
within the main building or within two (2 . 0)
metres of the main building, and shall not exceed
ten (10) percent of the total floor area of the
main building or a maximum of two hundred and
eighty (280 . 0) square metres whichever is the less .
Where no buildings exist, such commercial accessory
use shall not exceed one hundred (100 . 0) square
metres of floor area .
4 . 4 RESIDENTIAL ACCESSORY USES
Notwithstanding any other provision of this By-
law, where a dwelling unit is permitted as an
accessory use in a commercial zone, it shall be
contiguous to the main commercial use and have a
minimum floor area of forty (40 . 0) square metres,
and be used as the residence of the owner or
operator, or an employee of the owner or operator,
of the main commercial use.
4 . 5 HOME OCCUPATIONS
Where a home occupation is permitted in a particu-
lar zone, the following provisions shall apply:
4 . 5. 1 There is no external display or advertisement
other than a sign of a maximum size of one half
(0 . 5) square metre.
4 . 5 . 2 there is no outside storage of materials, con-
tainers, or finished products;
4 . 5. 3 the character of the dwelling as a private resi-
dence does not change, or a public nuisance par-
ticularly in regard to noise, traffic or parking
is not created;
4 . 5. 4 there is no equipment used, the operation of which
would result in any undue noise, fumes, dust, or
odour escaping to any adjoining use.
4 . 5. 5 does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living quarters,
or forty (40. 0) square metres whichever is the
lesser and, for greater clarity, such uses in-
cludes the offices or consulting room for a pro-
fession such as a physician, dentist, chiropractor,
lawyer, engineer, accountant, teacher, musical
instructor where a sinole ouDil is instructed at a
- 22 -
electrician and the workroom for a dressmaker,
milliner, or hairdresser, but does not include or
permit a clinic, any shop, tea room, tourist home,
convalescent home, mortuary, funeral parlour,
dancing school , rooming house, boarding house,
hairdressing if more than two persons are engaged
in the business, or any similar use or other
commercial use or institutional use or a workshop,
storage yard, or parking area for any of the
trades .
4 . 6 TEMPORARY USES
Notwithstanding any other provisions of this By-
law, uses such as a construction camp or other
such temporary work camp, a tool shed, mobile
home, scaffold, sign or other building incidental
to construction are permitted in any zone provided
that:
4 . 6. 1 such uses or buildings are used only as long as
same are necessary for work in progress which has
neither been finished nor abandoned, or a period
of one year whichever is the lesser;
4 . 6 . 2 such uses or buildings are removed when the work
for which they were permitted is terminated.
4 . 7 PROHIBITED USES
All uses , including the following uses, shall be
prohibited in any zone unless otherwise provided
for:
4 . 7 . 1 the use of any land or the erection and use of any
building or structure for the purposes of wrecking
yards, salvage yards, dumps, the collection of
rags, junk, any refuse, scrap iron, or other scrap
metals;
4 . 7 . 2 any use is prohibited which from its nature or the
materials used therein is declared under The Public
Health Act or any regulations adopted thereunder, to
be a noxious trade, business or manufacture.
4 . 7 . 3 no land, building or structure shall be used in the
municipality for the industrial manufacture of coal
oil, rock oil , fuel oil, burning fluid gas, naptha,
benzene, gasoline, dynamite, dualene, nitroglycerine,
gun powder, petroleum and petroleum liquid material
which is likely to create danger to health, or danger
from fire or explosion.
- 23 -
4 . 8 NON-CONFORMING USES
The provisions of this By-law shall not apply:
4 . 8 . 1 to prevent the use of any land, building or struc •
-
ture for any purpose prohibited by this By-law if
such land, building or structure was lawfully used
for such purpose on the effective date so long as
it continues to be used for that purpose; or
4 . 8 . 2 to prevent the erection or use for a purpose
prohibited by this By-law of any building or
structure the plans for which have, prior to the
day of the passing of the By-law, been approved by
the Building Inspector, so long as the building or
structure when erected is used and continues to be
used for the purpose for which it was erected and
provided the erection of such building or struc-
ture is commenced within two years after the day
of the passing of the By-law and such building or
structure is completed within a reasonable time
after the erection is commenced.
4 . 9 NON-COMPLIANCE WITH MINIMUM
LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the
effective date on a lot having less than the
minimum frontage and/or area , or having less than
the minimum setback and/or side yard and/or rear
yard required by this By-law, the said building
may be used, enlarged, reconstructed, repaired or
renovated provided that:
4 . 9 . 1 the use, enlargement, reconstruction, repair or
renovation does not further reduce a front yard
and/or side yard and/or rear yard having less than
the minimum required by this By-law, and
4 . 9. 2 all other applicable provisions of this By-law are
complied with.
4 . 10 EXISTING LOTS
Notwithstanding any other provisions of this By-
law, existing lots with less than the required lot
area or lot frontage may be developed for a use
specified in the appropriate zone provided all
other regulations of the By-law are satisfied.
14 . 11 HAZARDOUS AREAS
4 . 11 .1 Buildings and structures for uses permitted by
this By-law are permi,tted if and only to the
extent permitted by the regulations made under
The Conservation Authorities Act, R.S.O. , 1970 as
- 24
110
4 . 11 . 2 Where in this By-law a front, side or rear yard is
required, and part of the area of the lot is
covered by water or marsh for more than two months
in the year, or is beyond the rim of a river bank
or watercourse, or between the top and toe of a
cliff or embankment having a slope of thirty (30)
degrees or more from the horizontal , then the re-
quired yard shall be measured from the nearest
main wall of the main building on the lot to the
nearest edge of said area covered by water or marsh,
or to the rim of said river bank or watercourse, or
to the top of the said cliff or embankment.
4 . 11 . 3 The minimum setback from the Lake Erie shoreline
bluff is 15 . 0 metres from the edge of the bluff for
permitted buildings and structures east of Robinson
Street to the eastern limits of the municipality .
4 . 12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH
BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS,
MOTOR HOMES OR TENTS
4 . 12 . 1 No truck, bus, coach or streetcar body shall be
used for human occupancy within the Municipality
whether or not the same is mounted on wheels;
4 . 12 . 2 No travel trailer, truck camper, or motor home
shall be used for the living, sleeping or eating
accommodation of persons within the Municipality
for a period of more than sixty (60) days in any
period of ten (10) consecutive months .
4 . 13 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by
means of an outside staircase having more than ten
(10) risers or a height of one and one-half (1 . 5)
metres.
4 . 14 STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law, no
person shall erect a building or structure and no
person shall use any land, building, or structure,
unless the lot or parcel to be so used or upon
which the building is situated, erected or pro-
posed to be erected abuts or fronts on a public
street or public road.
4 . 15 EXISTING LOTS
Existing lots having less than the minimum frontage,
depth or area req :ired by this By-law and/or w4th
access only by an existing, private right of way
may be developed for all uses in the appropriate
zone provided that:
- 25
1101
a) permission is granted in writing for the use of
the right of way from both the Village and the
holder of title to the right of way;
b) sewage disposal facilities meet the approval
of the Ontario Ministry of the Environment and
the local medical officer of health.
4 . 16 SIGHT RESTRICTIONS ON CORNER LOT
Notwithstanding any other provisions of this By-
law, and except in a General Commercial (C1) Zone
no building or structure shall be erected; no
driveway shall be located; and no boundary wall,
fence, shrubs, or foliage shall be erected, planted
or maintained which obstruct the view of a driver
of a vehicle approaching the intersection, on a
corner lot within the triangular space included
between the street lines for a distance of nine
(9. 0) metres from their point of intersection.
4 . 17 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By-
law, no private garage on any corner lot shall be
located closer than six (6. 0) metres to either
streetline, and no portion of any driveway shall
be located closer than nine (9 . 0) metres to the
intersection of the two streetlines or their
projections .
4 . 18 MINIMUM SETBACKS FROM ARTERIAL
STREETS OR ARTERIAL ROADS
Notwithstanding any other provisions of this By-law,
where a building or structure is erected adjacent
to a County Road, and in the absence of an estab-
lished building line, the minimum setbacks from
such arterial streets or arterial roads shall be
ten (10. 0) metres plus the required front yard or
side yard.
4 . 19 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of
this By-law, where two main buildings less than
ninety (90. 0) metres apart are at less than the
required set-back or yard, the building line for
the intervening space shall be a straight line
4111 drawn between the adjacent front corners of the
existing buildings.
- 26 -
4 . 20 USE OF YARDS. ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection with
residential, commercial , industrial, or instit-
utional uses but without any buildings or struc-
tures thereon, all yards required by this By-law
on a lot in the respective use zone shall be
provided and maintained as yards and the appli-
cable regulations shall apply, except where the
land or lot is used for gardening or open space
purposes not prohibited by this By-law in such use
zone.
4 . 21 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required
about any building for the purpose of complying
with the provisions of this By-law shall be
included as part of a yard or other open space
similarly required for another building.
4 . 22 PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law
shall be open and unobstructed by any structure
from the ground to the sky, provided, however,
that those structures listed below shall be per-
mitted to project or encroach into the yards
indicated for the distances specified where
applicable :
Max. Projection
Structure Permitted Yard from Main Wall
window sills, belt
courses , cornices,
eaves, gutters, chimneys,
or pilasters any yard 0 . 5 metre
fire escapes and
exterior staircases rear yard only 1 . 5 metres
bay windows and awnings front, rear and 1 . 0 metre
exterior side yards
only
boundary wall or fence any yard --
- 27 -
. 23 PARKING REGULATIONS IN RESIDENTIAL ZONES
4 . 23 . 1 All parking spaces in any residential zone shall
• be located in an attached or detached private
garage, or in a driveway, or in a side or rear
yard provided that the lot coverage of the spaces
shall not exceed fifteen (15) percent of the total
lot area.
4 . 24 DRIVEWAY REGULATIONS WHERE A DRIVEWAY
IS REQUIRED TO SERVE A RESIDENTIAL USE
4 . 24 . 1 The maximum width of a driveway, measured along
the sidewalk, where such exists, or along the
street line shall be nine (9.0) metres.
4 . 24 . 2 The minimum distance between a driveway and an
intersection of street lines measured along the
street line intersected by such driveway shall be
nine (9 . 0) metres .
4 . 24 . 3 The minimum distance between an interior side lot
line and any driveway, with the exception of a
mutual or common driveway, shall be one (1 . 0)
metre.
4 . 24 . 4 The interior angle formed between the street line
and the centre line of any driveway shall not be
less than forty-five (45) degrees.
4 . 25 PERMITTED PUBLIC USES
The provisions of the By-law shall not apply to
the use of any land or to the erection or use of
any building or structure for the purpose of
public service by the municipality or by any local
Board thereof as defined by The Municipal Affairs
Act, Chapter 98, R.S.O. 1970, any telephone,
telegraph or gas company, any department of the
Governments of Ontario or Canada, including Ontario
Hydro or any other public authority provided that:
a) the lot coverage, setback and yard requirements
prescribed for the zone in which such land,
building is located shall be complied with;
b) no goods, material, or equipment shall be
stored in the open in a Residential Zone;
c) any building erected in a Residential Zone
under the authority of this paragraph shall
• be designed and maintained in general harmony
with residential buildings of the type permitted
in the Zone. ,.
- 28 -
110
26 MOBILE HOMES PROHIBITED IN ALL ZONES
It shall be prohibited to locate and use a mobile
home in any zone for the purposes of residential ,
business , industrial or institutional uses, tempor-
arily or permanently, unless the use of a mobile
home for such purposes is listed specifically in
this By-law as a permitted use within a particular
use zone.
27 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main
side walls and roof have been erected and roofing
have been completed, and sanitary conveniences
installed and, where applicable, kitchen and
heating facilities have been installed.
. 28 SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone there shall
apply such special regulations as may be estab-
lished by this By-law with respect to such defined
area and, in addition to such special regulations,
all provisions of this By-law including the general
regulations applicable to the zone within which
the defined area is located shall apply to the
defined area; provided that, unless a contrary
intention appears from the special regulations,
a) If the special regulations are different
from the corresponding regulations of this
By-law, including the general regulations
applicable to the zone within which the
defined area is located, the special regula-
tions shall supercede and prevail over such
corresponding regulations of this By-law;
b) If the special regulations establish one or
more specifically permitted uses of the defined
area, such permitted use or uses shall be
the only purpose or purposes for which the
defined area may be used, and
c) If the special regulations specifically
permit one or more uses in addition to those
otherwise permitted in the zone within which
the defined area is located, any and all of
the other special regulations applicable to
the defined area shall apply only to the
additional permitted use or uses and not to
uses otherwise permitted in the zone.
- 30 -
110
SECTION 6 RESIDENTIAL ZONE (R1 ) REGULATIONS
6. 1 PERMITTED USES
residential uses including seasonal dwellings
home occupations
accessory uses
6. 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single family dwelling on ;one lot .
h ), buildings for the permitted uses
c ) accessory buildings for the permitted uses
6. 3 4',1r,1 #411)#10 LC ' lqtept
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available:
44U square metres = 4750 square feet
- -440 square metres for a single-family dwelling
1116. 4
,
_.. _
- 31 -
.
4.4110
I'!?v m Lo' I rro-rt4c1&•
Where a municipal sanitary sewage disposal facility
and a piped municipal water supply are available:
15. 0 metres for a single-family dwelling
6 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewer and water supply
services are not available - 60 . 0 metres
Where only a piped municipal water supply is
available - 38 . 0 metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
'29 .0 metres .
6 . 6 MAXIMUM BUILDING COVERAGE
30 percent - single family,
6 . 7 MAXIMUM BUILDING HEIGHT
9 . 0 metres
6 . 8 MINIMUM FLOOR AREA
78. 0 square metres
6 . 9 MINIMUM FRONT YARD DEPTH
5 . 0 metres
6 . 10 MINIMUM SIDE YARD WIDTH
a) Attached Garage or Carport:
11110 -side yard on each side of the combined buildings
. 7 metre plus 0 . 5 metres for each additional or
partial storey above the first storey.
. ' '
110 - 32 -
b) No Attached Garage or Carport:
-side yard on one side of the main building,
0 . 7 metre, plus 0 . 5 metres for each additional or
• parital storey above the first storey
-side yard on the other side of the main
building, 0 . 7 metres .
e) Corner Lot :
-side yard abutting a public street - 3 . 0 metres
-side yard on the other side of the main
building - 0 . 7 metre plus 0 . 5 metre for each
additional or partial storey above the first
storey.
6 . 11 MINIMUM REAR YARD DEPTH
7 . 0 metres
6 . 12 SPECIAL USE REGULATIONS
The special regulations contained in this sub-section
6. 12 shall apply to the area or areas defined below:
6 . 12 . 1
6 . 12 . 1 . 1 Defined Area
N-1 . 3s shown on Schedule "A" and "AA" on the by-law.
6 . 12 . 1 . 3 Other Permitted Buildings and Structures
The existing buildings and structures.
6 . 12 . 2
( 33 )
Ili'
::CTION & RESIDENTIAL ZONE R-2 REGULATIONS
7 . 1 PERMITTED USES
residential uses including seasonal dwellings
home occupations •
accessory uses
7 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single-family dwelling on one lot , one
duplex dwelling or one unit of a semi-detached
dwelling on one lot .
b ) multiple-family dwellings
c ) buildings for the permitted uses
d ) accessory buildings for the permitted uses
7 . 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and piped municipal water supply are available ;
- 440=4750 462 square metres for a single-family dwelling
- 370 . 0 square metres for one unit of a semi-detached
dwelling
- 740 . 0 square metres for a duplex dwelling
- 300 . 0 square metres for each dwelling unit in a
multiple-family dwelling.
7 . 4 MINIMUM LOT FRONTAGE
Where a municipal sanitary sewage disposal facility
and a piped municipal water supply are available ;
- 15 . 0 metres for a single-family dwelling
- 10 . 0 metres for one unit of a semi-detached building
- 21 . 0 metres for a duplex dwelling
- 10 . 0 metres per dwelling unit for multiple-family
dwelling
7 . 5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available 29 . 0 metres
7 . 6 MAXIMUM BUILDING COVERAGE
(; 30 percent - single family, duplex and semi-detached
dwellings
40 percent - multile family dwellings
• • •
( 34 )
.6
7 . 7 MAXIMUM BUILDING HEIGHT
9 . 0 metres
7 . 8 MINIMUM FLOOR AREA
78 . 0 square metres
7 . 9 MINIMUM FRONT YARD SEPTH
5 . 0 metres
7 . 10 MINIMUM SIDE YARD WIDTH
a ) Attached Garage or Carport :
-side yard on each side of the combined buildings
. 7 metre plus 0 . 5 metres for each additional or
partial storey above the first storey.
b ) No attached Garage or Carport :
-side yard on one side of the main building 0 . 7 metres
plus 0 . 5 metres for each additional or partial storey
above the first storey
-side yard on the other side of the main huilding 0 . 7 metre
c ) Semi-detached Dwelling
-side yard between the common vertical wall dividing one
dwelling unit from the adjoining dwelling unit - nil
-side yard on the other side of the unit - 3 . 0 metres
d ) Multiple-Family Dwelling:
-minimum combined side yard - 9 . 0 metres
-minimum side yard on one side - 3 . 0 metres
e ) Corner Lot :
-side yard abutting a public street - 3 . 0 metres
-side yard on the other side of the main building -
0 . 7 metre plus 0 . 5 metre for each additional or
partial storey above the first storey.
7 . 11 MINIMUM REAR YARD DEPTH
7 . 0 metres
7 . 12 SPECIAL USE REGULATIONS
1 The special regulations contained in this sub-section
7 . 12 shall apply to the area or areas defined below:
7 . 12 . 1 Defined Area
R1-1 as shown on schedule "A" to this by-law.
• • •
•
( 35 )
•
1110. 12 .2 Other Permitted Buildings and Structures
The existing buildings and structures.
• 7 . 12 . 3 Defined Area • •
R-2 as shown on- schedule "A" and "AA" •of this by-law.
41111 c).
•'TA T TO CONVERT METRES TO FEET , AND FEET TO METRES '
•I-1 To convert metres to feet, divide the number of metres by the
conversion factor , i . e . :
•
• X T 0. 3048 = Y I
•
,
where X = number of metres
)I
0. 3048 = conversion factor
Y = number of feet
For example :
metres feet rounded '
0. 5 1 . 64 1 . 5
1 . 0 3 . 28 3 . 5
1. 5 4 .92 5 . 0 '
2 . 0 6. 56 6 . 5
2 . 5 8 . 20 8 . 0
3 . 0 9 . 84 10 . 0
3 . 5 11 . 48 11. 5
4 . 0 • 13 . 12 13 . 0
4 . 5 14 . 76 15 . 0
5 . 0 16. 40 16 . 5
6. 0 19. 6819 . 5
7 . 5 24 . 61 24 . 5
8 . 0 26. 24 26 . 0
9. 0 29 . 52 29. 5
10. 0 32 . 81 33 . 0
10. 5 34 . 45 34 . 5
12 . 0 39 . 37 39 . 5
14 . 0 45 . 93 46 . 0
15 . 0 49 . 21 49 . 0
17 . 0 55 . 77 56. 0
18. 0 59 . 05 59 . 0
18 . 5 60.97 61 . 0
20. 0 65 . 62 65 . 5
21 . 0 68 . 90 69 . 0
22 . 0 72 . 17 72 . 0I '
25 . 0 82 . 02 82 . 0
26. 0 85 . 30 85 . 5
30. 0 98 . 42 98 . 5
30. 5 100. 07 100. 0
32 . 0 104 . 99 105 . 0
35 . 0 114 . 83 115 . 0
40. 0 131 . 23 131 . 0
45 . 0 147 . 64 147 . 5
50. 0 164 . 04 164 . 0
55 . 0 180 . 45 180 . 5
60. 0 196 . 85 197 . 0
70. 0 229 . 65 229 . 0
80. 0 262 . 47 262 . 5
4
90. 0 295 . 28 295 . 5
100. 0 328. 08 328 . 0
150. 0 492. 12 492 . 0
RESIDENTIAL (R1 ) ZONE
The R1 zone permits one singlb family detached dwelling; one
duplex dwelling; one semi-detached dwelling or one unit of a
semi-detached dwelling on one lot; multiple-family dwellings
with a maximum of four dwelling units ; home occupations; and
accessory uses. The minimum lot area for single family dwell-
ings is 1855 square metres (20 , 000 square feet) where municipal
sanitary sewage disposal facilities and a piped municipal water
()supply or a communal water supply are not available, and, 800
. square metres (8 , 600 square feet) where sewage disposal facilities
are not available but a piped municipal water supply or communal
water supply is available. The minimum lot area for one unit
of a semi-detached dwelling is 370 square metres (4 , 000 square
feet) . The minimum lot area for a multiple family dwelling is
1855 square metres where sanitary sewage disposal facilities and
a piped municipal water supply are not available and 1, 140 square
metres where a piped municipal water supply is available. Maximum
building coverage is 30 percent for all dwellings except multiple
family buildings which may cover 40k. of the lot. The minimum
lot frontage where a piped municipal water supply is available
is 20 metres (66 feet) and the minimum floor area is 78 square
metres (840 square feet) .
TRAVEL TRAILER PARK (TP) ZONE
The TP zone permits travel trailers; an administrative or rental
office; a recreational centre; a private park; and a detached
single family dwelling for a caretaker or watchman. The minimum
lot area for each trailer site is 220 square metres (2368 square
feet) where septic tanks are used and 148 square metres (1593
square feet) where communal holding tanks are provided. The
minimum lot frontage is 12 metres (39 feet) and the minimum lot
depth is 18 metres (59 feet) except where communal sewage
facilities exist where it is 12 metres ( 39 feet) . A maximum
number of 60 travel trailers will be permitted in a travel trailer
park.
GENERAL COM.""ERCIAL (C1 ) ZONE
The Cl zone permits a full range of commercial uses including
automobile service stations and sales establishments; banks;
hotels, motels and taverns; offices; restaurants; and retail
stores . The minimum lot area for General Commercial uses is
1855 square metres (20, 000 square feet) where municipal sanitary
sewage disposal facilities and a piped municipal water supply or
a communal water supply are not available .
IIere municipal sanitary sewage disposal facilities are not
vailable but a piped municipal water supply or communal water
upply is available the minimum lot size shall be 800 square
metres (8 , 600 . quare feet) . Minimum lot frontage is 20 metres
• (66 feet) . with a maximum building coverage of 60 percent and a
maximum building height of 12 metres (39 feet) . No front yard
is required along Robinson Street between Waterloo Street and
•
all .
Pitt Street, or along Wellington Street from Robinson Street
to Erieus Street but the minimum front yard elsewnere shall be
7 metres (23 feet) . The minimum side yard where the yard abuts
a Residential or Park 'and Recreation Zone shall be a minimum of
4 . 0 metres (13 feet) , otherwise no side yard shall be required .
The minimum rear yard depth is 6 metres (20 feet) .
W`AL COMMERCIAL (C2) ZONE
Permitted uses in the C2 zone include a neighbourhood retail
store; a variety store; an automobile service station; a T.V.
sales and service shop; a medical office or clinic; dwellings
connected to and forming an integral part of the commercial
building and provided with a separate access; and buildings
accessory to the foregoing uses . Regulations for minimum lot
areas are identical to those in the General Commercial (C1)
zone. Minimum lot frontage is 20 metres ( 66 feet) , maximum
building height is 12 metres (39 feet) , minimum front yard is
7 metres (23 feet) , and the minimum side yard is 4 metres
(13 feet) .
HARBOUR COMMERCIAL (C3) ZONE
The C3 zone permits marinas; boat construction; fishing
businesses; public and private parks; industrial uses including
boat repair operations, grain elevators; storage areas for
gas exploration equipment; and a heliport. The minimum lot areas ,
frontage, depth, and rear yard are the same as the General
Commercial Zone as are the maximum building coverage and building
height regulations.
INSTITUTIONAL (I ) ZONE
All institutional uses including schools , hospitals, churches,
government offices and senior citizen homes are permitted in
this zone. Minimum lot areas of 1855 square metres (20, 000
square feet) and 800 square metres (8 , 600 square feet) are
determined by the availability of municipal services in the
same fashion as in commercial zones. Maximum building height
is 12 metres ( 39 feet) , minimum lot frontage is 20 metres
(66 feet) , and maximum building coverage is 40 percent.
INDUSTRIAL (M) ZONE
e M1 Zone permits manufacturing and industrial operations;
arehousing and storage uses; automobile body shops; offices
nd retail outlets related to the industrial operations carried
on in the same' building; accessory buildings; arl dwelling units
in a portion of the non-residential building, in conformity with
R1 floor space regulations, for one caretaker or person and his
family employed in the industrial operation permitted on the site.
The minimum lot area where municipal sanitary sewage disposal
111
facilities and a piped municipal water supply or a communal water
supply are not available is 1855 square metres (20, 000 square
feet) . Where municipal sanitary sewage disposal facilities are
not available but a piped municipal water supply or a communal
water supply is available, the minimum lot area shall be 930
square metres (10 , 000 square feet) . Additional M Zone regula-
tions include: minimum lot frontage 30 metres (98 feet) ;
minimum lot depth 54 metres (177 feet) ; maximum building height
12 metres (39 feet) ; maximum building coverage 40 percent;
• minimum front yard 9 metres (30 feet) .
PARK AND RECREATION (P) ZONE
The P Zone permits public or private parks, including play-
grounds ; conservation areas; picnic facilities; public
marinas; public buildings, including a museum or exhibition
arenas and areas or community halls; public parking areas;
dwelling units for caretakers ; and accessory buildings. Any
• buildings erected in a Park and Recreation (P) Zone shall be
set back a minimum distance of 7 metres (23 feet) from any
lot line .
HAZARD LAND (H) ZONE
The H Zone permits any outdoor recreation use including
conservation activities; public and private parks and golf
courses ; forestry and wildlife areas ; horticultural nurseries;
and agriculture . Buildings and structures are prohibited
except those necessary for flood prevention and control.
•
1
•
•
TABLE OF CONTENTS
•
' SECTION TITLE PAGE
1 Interpretation and Administration
2 • Definitions . 5
3 Zones and Zoning Map 18
4 General Provisions 20
5 Agricultural (A) Zone Regulations 29
\ 6 Residential Zone 1 (R1) Regulations 30
K7 Travel Trailer Park (TP) Zone Regulations 35
8 General Commercial (Cl) Zone Regulations 36
• 9 Local Commercial (C2) Zone Regulations 39
- 10 Harbour Commercial (C3) Regulations 41
11 Institutional Zone (I) Regulations 43
12 Industrial Zone (M) Regulations 45
/ 13 Park and Recreation (P) Zone Regulations 47
14 Hazard Land (H) Zone Regulations 49
Schedule A
Conversion Tables
.
• - 1 -
110
BY-LAW NO. 364
RESTRICTED AREA BY-LAW
VILLAGE OF PORT BURWELL
CBy-law to regulate the use of land, the character, loca-
on and use of buildings and structures in the Village of
Port Burwell .
WHEREAS the Council of the Corporation of the Village of
Port Burwell deems it expedient to implement the Official
Plan of the East Elgin Planning Area; and
WHEREAS authority is granted under Section 35 of The Plan-
ing Act, R. S .O. , 1970 , subject to the approval of the
Ontario Municipal board, to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BURWELL ENACTS AS FOLLOWS :
SECTION 1 INTERPRETATION I. ADMINIZTRATION
1 . 1 SHORT TITLE
This By-law shall be known as the "Zoning
By-law" of the Corporation of the Village of
Port Burwell .
1 . 2 APPLICATION
The provisions of this By-law shall apply to all
lands within the boundaries of the Corporation of
the Village of Port Burwell as now or hereafter
legally constituted.
1 . 3 SCOPE
No lands shall be used and no buildinas or struc-
tures shall be erected, built, constructed,
reconstructed, relocated , altered, enlarged or
used within the Village of Port Burwell except in
conformity with the provisions of this By-law.
1111/4
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 . 5MEANING OF USE
Unless the context otherwise requires , the expres-
sion "uSe" or "to use" in this By-law• incluaes
anything done or permitted by the owner or occu-
pant of any land or building , directly or indirectly
• or by or through any trustee , tenant, servant, or
agent, acting for or with the knowledge or consent
of such owner or occupant, for the purpose of
• making use of the said land or building.
• 1 . 6 MEANING OF SHALL
In this By-law, the word "shall" shall always be
construed as mandatory.
1. 7 NUMBER AND GENDER
in tnis By-law, unless the contrary intention
appears otherwise, words imparting the singular
• number or the masculine gender only shall include
more persons , parties or things of the same kind
than one, and females as well as males , and the
converse.
1 . 8 AnMINISTRATION
This By-law shall be administered by the Building
Inspector or such other person as the Council of
the Village of Port Burwell designates. .
1 . 9 INSPECTION OF PREMISES
The Building Inspector or any other person acting
under the direction of Council , may, at any reason-
able hour, enter and inspect a property or premises
where there is reason to believe that any land has
been used or any building or structure has been
erected, altered, or enlarged, or used in violation
of any of the provisions of this By-law.
1 . 10 APPLICATION FOP BUILDING PERMITS
In addition to all other requirements of the'
Ontario Building Code or any other building code
or building by-law, every applicant for a building
permit shall file with his application a plan, in
duplicate, drawn to scale, in metrics, showing the
true dimensions of the lot proposed to be built
upon or otherwise developed, the proposed location,
grade or height and dimensions of the building or
work in respect of which the permit is applied for
and the location on such lot of every existing
building , together with a statement, signed by the
owner, disclosing the exact use proposed for eac'
. building aforesaid and give all information necessary
to determine whether or not such building and the
proposed use thereof conform with the requirements
of this By-law.
047/x7067 .
PI nning Act 1 ' 83
NOTICE OF A
PUBLIC MEETING
To Be Held By
PORT BURWELL VILLAGE COUNCIL
Respecting an Amendment to By-Law 8613
Take notice that the council of the corporation of the village of
Port Burwell will hold a public meeting for the purpose of in-
forming the public in respect of a proposed amendment to by-
law 8613 in accordance with the provisions of the planning act.
The amendments to be considered are as follows:
APPLICATION
To Port Burwell non-profit Housing Corporation requests that
institutional zoning as described in by-law 8613 be extended
to. include the additional lands zwzipe to accommodate the
redesigned one storey senior Cifteren building located on
Milton St. The public meeting will be held in the clerk's office,
21 Pitt St., Port Burwell at 7:30 p.m., Monday, November 9,
1987. Any inquiries prior to that dote may be directed to the .
village clerk (874-4343).
Elwood Vasty
Clerk, Village of Port Burwell
Box 10
Port Burwell, Ont.
NOJ 1 TO
F.
nrJ In �.( Y�Ot."�l- t I ti I • I
7
EXPLANATORY NOTE
BY-LAW NO. 364
VILLAGE OF PORT BURWELL
By-law No. 364 is a comprehensive zoning by-law for the Villave
of Port Burwell . The by-law implements the Official Plan of the
Last Elgin Planning Area as it applies to the Village .
The By-law regulates the use of all land , buildings and structures
in Port Burwell . It authorizes the uses (i .e : residential ,
commercial , industrial) set out in the accompanying and attached
schedule ( zone map) , and prohibits any use of land or the con-
struction and use of buildings and structures not specifically
authorized . Exceptions to this rule are limited to those uses ,
lawfully in existence on the day the By-law was adopted and to
those uses the plans for which have been approved by the Village
Council prior to the day of the passing of the By-law. In
addition, the By-law also permits lots existing as of the date
of passing of the By-law with less than the minimum lot area , lot
frontage cr lot depth to be developed for the uses specified in
the appropriate zone provided all other regulations in the By-law
can be satisfied .
All measurements in the By- law are in metric units . The abbrevia-
tion ' m' represents metres , ' m2 ' represents square metres and
' ha ' represents hectares . Conversion tables are provided at the
back of the By-law for convenience.
A brief summary of the provisions of By- law No . 364 are provided
below. Council urges you read the entire By-law and to note in
particular how it affects your property . Applications to amend
the fly-law may be made at any time .
FU!-t ARY OF BY-LAW '.ONE RFC;ULA':IONS
AGRICULTURAL (A) ZONE
The A zone permits agricultural uses , existing residential uses,
farm buildings and structures including one single family de-
tached dwelling on one lot , home occupations and accessory uses .
The minimum lot area in an agricultural zone is 10 hectares
(25 acres) with a minimum lot frontage of 150 metres ( 492 feet) .
The minimum floor area for a single family detached dwelling is
78 square metres ( 840 square feet) . Maximum lot coverage for
anv structure in an A zone is 20 percent with a minimum front
ird of 18 metres ( 60 .feet) , and a minimum rear yard of 15
,etres (49 feet) .
1 . 11 BUILDINGS TO Br MOVED
In all zones, any building or structure which is
moved from one location to another , whether within
the zone or from one zone to another , Or from any
location beyond the boundary of the Municipality ,
into any zone, shall be considered as being a new
building or structure and shall comply with the
provisions of this By-law. No building , residential
11 or otherwise , shall be moved within the limits of
the municipality or shall be moved into the Municipality
• from outside without a permit from the Building
Inspector. This provision shall not apply to
utility sheds .
1 . 12 LICENCES AND PERMITS
. No municipal permit, certificate , or licence shall
be issued which would allow a violation of any of
the provisions of this By-law.
1 . 13 VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses
any building in a manner contrary to any require-
ment of this By- law, or who causes or permits such
use or erection, or who violates any provision of
this By-law or causes or permits a violation, is
guilty of an offence and upon conviction shall be
liable to a fine not to exceed one thousand dollars
( 51 , 000 . 00 ) exclusive of costs , for each offence,
and every such penalty shall be recoverable under
The Summary Convictions Act , R . E . O. , 1970 as amended
from time to time .
1 . 14 REMEDIES
:here any building is or is proposed to be erected ,
altered , reconstructed , extended or enlarged, or
any building or part thereof is or is proposed to
•
be used, or any land is or is proposed to be used ,
in contravention of the provisions of this By- law,
the same may be restrained by action at the
instance of any ratepayer, or of the Council of
the Municipality pursuant to the provisions of
The Planning Act, R. S . O. , 1970 , as amended from
time to time .
001 . 15 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality
under Section 35 of The Planning Act, R. S .O. , 1970
or a predecessor thereof are hereby repealed
except to the same extent that any of the said
by-laws prohibit the use of any land, building,
or structure for a purpose that is also prohibited
by this By-law.
•
1.16 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any
person from the obligation to comply with. the
requirements of any other by-law of the Munici-
pality in force from time to time or* the obliga-
tion to obtain any license, permit, authority or
approval required under any by-law of the
Municipality .
• 1 . 17 VALIDITY
•
Should any section, clause or provision of this
By-law be held by a court of competent juris-
diction to be invalid, the validity of the re-
mainder of the By-law shall not be affected.
1.19. EFFECTIVE DATE
This By-law shall, upon approval of the Ontario
Municipal Board, come into full force and effect
as of the date of passing hereof.
- -
1101
SECTION 2 DEFINITIONS
2 . 1 ACCESSORY, shall mean a use, a building or structure
that is normally incidental , subordinate and' exclusively
devoted to a main use, building or structure and that
is located on the same lot.
' 2. 2 AGRICULTURAL USE, shall mean the cultivation of land,
the production of field crops and the selling of such
produced on the premises , and includes the breeding,
care and raising of livestock and the selling of such
livestock or the product of such livestock raised in
the premises.
2. 3 ALTER, when used in reference to a building or structure
or part thereof, shall mean to change any one or more
of the internal or external dimensions of such building
or structure or to change the type of construction of the
exterior walls or roof thereof . When used in reference
to a lot, the word "alter" means to decrease the width,
depth or area thereof or decrease the width, depth, or
area of any required yard , setback, landscaped open
space, or parking area , or to change the location of any
boundary of such lot with respect to a street or lane ,
whether such alteration is made by conveyance or alie-
nation of any portion of said lot, or otherwise.
2. 4 ATTACHED, shall mean a building otherwise complete in
itself, which depends for structural support, or complete
enclosure upon a division wall or walls shared in com-
mon with an adjacent building or buildings .
2. 5 AUTOMOBILE SALES ESTABLISHMENT, shall mean a building
or lot used for the display and sale of new and used
motor vehicles and may include the servicing , repair,
cleaning, polishing and greasing of motor vehicles ,
the sale of automotive accessories and related products
and the leasing or renting of motor vehicles .
2. 6 AUTOMOBILE SERVICE STATION or SERVICE STATION, shall
mean a building or part of a building or a clearly
defined space on a lot used for the retail sale of
lubricating oils and gasolines and may include the
sale of automobile accessories and establishments where
only the servicing and minor repairing essential to the
operation of motor vehicles are executed or performed;
it may also include the washing of motor vehicles.
111,. 7 BASEMENT, shall mean that portion of a building between
two floor levels which is partly underground but which
has at least one-half of its height from finished floor
to finished ceiling above adjaceflt finished grade.
10 2 . 8 BOARDING HOUSE, and ROOMING HOUSE and TOURIST HOME,
shall mean any house or building or portion thereof in
which the proprietor resides and supplies for hire or
gain to other persons , lodging and/or meals , but shall
not include a hotel , motel , hospital, home for the
young or the aged, or institution, or restaurant
accommodating the general public.
2 . 9 BUILDING, shall include any structure whether temporary
or permanent , used or intended for sheltering any use
of occupancy but shall not include a boundary wall or
fence , travel trailers , company trailer , truck camper,
motor home or tent.
2 . 10 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or other structures may be
erected, used and maintained.
2. 11 BUILDING BY-LAW, shall mean any building by-law within
the meaning of The Planning Act, P. S .O. , 1970 .
2 . 12 BUILDING INSPECTOR, shall mean the officer or employees
of the Municipality for the time being charged with the
duty of enforcing the provisions of the Building By-law.
2 . 13 BUILDING LINE, shall mean a line within a lot drawn
parallel to a lot line; it establishes the minimum
distance between the lot line and any building or struc-
ture which may be erected. Where the lot line is a
curve, the building line shall be a line drawn parallel
to a chord of the arc constituting the lot line . A chord
is a straight line joining two points on a curve.
2 . 14 BUILDING LINE, ESTABLISHED, a building line shall
be considered to be established between existing
buildings where at least five (5) main buildings
have been erected on any one side of a continuous
one hundred and fifty (150 . 0) metre strip of land
fronting on a street or road. The established
building line shall thus mean the average setback of
the existing main buildings .
2. 15 CAMPGROUND, shall mean a use consisting of at least
five camping sites , licensed under the provisions of
The Municipal Act , R .S .O. , 1970 , and comprising land
useu or maintained for seasonal recreational activity
as grounds for the camping or parking of a tent, motor
home, travel trailer , or truck camper, but not a mobile
home.
2 . 16 CARPORT, refer to definition of Garage (Private)
2 . 17 CELLAR, shall mean that portion of a building between
III two floor levels which is partly or wholly underground
but which has more than one-half of its height from
z finished floor to ceiling below adjacent finished grade.
- 7 -
•
illIP
2 . 18 CHURCH , shall mean a building dedicated to religious
worship and may include a church hall , church
auditorium, Sunday school, parish hall and church day
nursery.
2 . 19 CLINIC, shall mean any building containing more than
two rooms used or intended for use for any of the pur-
poses of medical or dental practice, and without limit-
ing the generality of the foregoing, includes 'the offices
or consulting rooms of members of the medical or dental
•
professions listed in this Hy-law under the definition
"Home Occupations" and includes any building in which
two or more Home Occupations are being carried on by
members of the said medical or dental profession.
2 . 20 COVERAGE, shall mean in the case of a residential build-
ing or structure that portion or percentage of the area
of any lot upon which buildings or structures are erected
or permitted to be erected on the lot (not including a
swimming pool) measured at the level of the lowest
storey containing habitable rooms , and in the case of
a non-residential building or structure, that portion
or percentage of the area of buildings or structures
erected or permitted to be erected on the lot (not in-
cluding a swimming pool) measured at the level of the
lowest storey above grade, including in both cases all
porches and verandahs , open, unenclosed terraces at
grade, steps, cornices, eaves, bay windows, chimneys.
2 . 21 DRAIN, MUNICIPAL, shall mean a drain owned by a
Municipality.
2 . 22 DWELLING, shall mean a building, occupied or capable
of being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding or rooming houses, motels,
institutions or living quarters for a caretaker , watch-
man or other person or persons using living quarters
which are accessory to a non-residential building or
structure.
2 . 23 DWELLING, CONVERTED, shall mean a dwelling originally
designed as a single family dwelling unit , which be-
cause of size or design is or can be converted by
partition and the addition of sanitary facilities and
cooking facilities into more than one dwelling unit .
2 . 24 DWELLING, DUPLEX, shall mean a building that is divided
horizontally into two (2) dwelling units each of which
has an independent entrance either directly or through
a common vestibule.
. 25 DWELLING, MULTIPLE-FAMILY, shall mean a building that
contains three (3) or four (4 ) dwelling units which have
a common entrance and the occupants of the units have
� " the use of common corridors, stairs, elevators, yards or
one or more of them.
2 . 26 DWELLING, SEASONAL, shall mean a dwelling used as a
secondary place of residence for recreational purposes
and not intended to be occupied as a year-round permanent
dwelling .
•
2 . 27 DWELLING, SEMI-DETACHED, shall mean a building that is
divided vertically into two ;2) dwelling units each of
which has an independent entrance either directly or
through a common vestibule.
2 . 28 DWELLING, SINGLE-FAMILY DETACHED, shall mean a building
designed, intended and/or used for occupancy by not
more than one family .
2 . 29 DWELLING, TOWNHOUSE, shall mean a separate building
containing three or more attached one-family units with
a common dividing wall , each of which has an independent
entrance either directly or through a common vestibule.
2 . 30 DWELLING TRIPLEX, shall mean a building that is divided
horizontally into three (3) separate dwelling units , each
of which has an independent entrance either directly or
through a common vestibule.
2. 31 DWELLING UNIT, shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
er family, with a private entrance from outside the
building.
2 . 32 ERECT, shall include building construct, reconstruct,
alter and relocate and, not to limit the generality of
the foregoing, shall be taken to include any preliminary
physical operation such as excavating, grading, piling,
cribbing , filling or draining, structurally altering
any existing building or structure by an addition,
deletion, enlargement or extension.
2 . 33 EXISTING, shall mean existing as of the date of the
passing of this By-law.
2 . 34 FA":ILY, shall mean an individual , or two (2) or more
persons who are interrelated by blood or marriage or
legal adoption, or a croup of not more than three (3)
unrelated persons , exclusive of servants, occupying a
dwelling unit, and not more than two ( 2) persons who
receive their lodging and/or board for compensation.
02 . 35 FARM, shall mean a parcel of land together with its
dependent buildings including one single-family detached
dwelling and accessory buildings held for the purpose
of agricultural use.
110
2 . 36 FLOOR AREA, shall mean the ground floor area of a build-
ing measured in the manner set out in the definition of
"Ground Floor Area" in this By-law. The "Floor Area"
shall not include the basement or cellar as a portion
of the "Floor Area" •
2. 37 FLOOR AREA, GROUND, shall mean the area of a building
or structure measured from the outside of all exterior
•
• walls, at grade, exclusive of any accessory building
garage, basement, cellar , terrace, verandah, open or
enclosed porch or sunroom, unless such sunroom or en-
closed porch is an integral part of the building and
habitable in all seasons .
2 . 38 GARAGE (PRIVATE) or CARPORT, shall mean a building or
portion of a building designed for the storage of not
more than three (3) private passenger motor vehicles
wherein no service for profit is rendered; where such
structure is attached to the main building , it shall be
deemed to be part of the main building and not an acces-
sory building .
2 . 39 GARAGE, PUBLIC, shall mean a building or structure where
motor vehicles are kept or stored for remuneration or
repair, but does not include an automatic car washing
establishment, a motor vehicle sales lot or an automobile
service station.
2 . 40 GAS, shall mean natural gas , manufactured aas , propane-
arc gas, or any mixture of any of them.
2. 41 GOLF COURSE, shall mean a public or private area
operated for the purpose of playing golf including a
par three golf course, driving range, miniature golf
course, or combination thereof .
2 . 42 GRADE, shall mean:
a) for a building adjoining one street only, the
elevation of sidewalk at the center of that wall
adjoining the street;
•
b) for a building adjoining more than one street the
average of the elevation of the sidewalk at the
center of all walls adjoining the streets;
c) for a building having no walls adjoining the street,
the average level of the ground (finished surface)
adjacent to the exterior walls of the building;
d) all walls not more than four and one-half (4 . 5)
metres from the street line shall be considered
as adjoining the street. If the adjoining street
has no public sidewalk, the grade shall be deter-
•
mined by the Building Inspector.
- 10 -
2 . 43 HEIGHT, when used with reference to a building or struc-
ture shall mean the vertical distance in feet between
the horizontal 'plane through grade level and . a horizon-
tal plane through : _
a) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof ;
b) the average level of a one slope roof , provided
• that such roof having a slope of less than twenty
degrees with the horizontal shall be considered
a flat roof ;
c) the average level between eaves and ridges in the
case of a roof type not mentioned in sub-sections
(a) and (b) immediately preceeding .
The height regulations shall not apply to any ornamental
dome, chimney, tower, storage silo, barn, cupola , steeple,
church spire or water storage tank.
2 . 44 HOME OCCUPATION , shall mean an occupation for gain or
support conducted entirely within a dwelling as a sec-
ondary use and only by members of the family residing
on the premises plus not more than one (1) assistant who
is not a resident of the said dwelling .
2 . 45 HOTEL, means any hotel , tavern, inn, lounge, or public
house in one main building or in two or more buildings
used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing
sleeping accomodations of not less than six (6) guest
rooms, which guest rooms contain no provisions for cooking,
and all such buildings operating under The Liquor License
Act , R. S . O. , 1970 and The Tourist Establis:.ment Act , k. S .O. ,
1970.
2. 46 INSTITUTIONAL USE, shall mean the use of land, buildings
or other structures for some public or social purpose
but not for commercial purposes and may include govern-
mental , religious , educational , charitable, philanthropic,
hospital or other similar but non-commercial uses.
2. 47 };ENNEL, 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.
IN2. 46 LOADING SPACE, shall mean a space or bay located on a
lot which is used or intended to be used for the tem-
porary parking of any commercial vehicle while loading
or unloading goods , merchandise or materials used in ,
connection with the main use of the lot or any building
) thereon, and which has unobstructed access to a street
or lane.
11111/
ILLUSTRATION OF BUILDING
HEIGHT DEFINITION
I
H
„ 1 Flat Roof
FROUT RIDGE
1
--- �-- E AVE
_J1
_ _ 1 _ Gable Roof
F RONT SIDE
L
ROW'
• T
1?
2 EAvE
_ _ _ Hip Roof
FPONT SIDE
RIDGE
T
i'l
E AvE
H
_ _ _ Gambrel Roof
F RUNT SIDE
RIDGE
ROOF DF C✓. t INE
MEM
1
H
- - _ Mansard Roof
FRONT SIDE
RIDGE
•
H -
_ _ _ One Slope Roof
F RDNT SIDE
H-HEIGHT OF BUILDING NO1E: THE ABOVE ILLL.PLIRAT ION tS FOR CLARIFICATION AND
O+
C :vE N,E NCE ONLY AND DOES NO1 F ORM
PART OF 7HIS BY-LAW,
- 11 -
2 . 49 LOT, shall mean a parcel of land, described in a deed
or other document legally capable of conveying land
or shown as a lot or block on a registered plan of sub-
division.
2 . 50 LOT AREA, shall mean the total horizontal area within
the lot lines of a lot and in the case of a corner lot
having street lines rounding at a corner with a radius
of six (6 . 0) metres or less , the lot area of such a lot
' is to be calculated as if the lot lines were projected
to this point of intersection.
2 . 51 LOT, CORNER, shall mean a lot situated at the intersec-
tion of and abutting upon two or more streets which
intersect at an angle of less than one hundred and
thirty-five ( 135) degrees and each of which is at least
ten (10 . 0) metres wide.
2. 52 LOT DEPTH, shall mean the horizontal distance between
the front and rear lot lines . %'here these lines are
not parallel , it shall be the length of a line joining
the nid-pcir.ts of the front and rear lot lines; for
lots with curved front lot lines , the measurement shall
be taken from a line drawn parallel to the chord of the
arc of the curve constituting the front lot line, lying
midway between said chord and a line drawn parallel to
said chord and tangent to said arc.
2 . 53 LOT FRONTAGE, shall mean the horizontal distance between
the side lot lines of a lot measured at right angles,
but where such lot lines are not parallel, the lot
frontage shall be measured perpendicularly from the
line joining the center of the front and rear lot lines
at a point six ( 6) metres back from the front lot line.
2. 54 LOT INTERIOR, shall mean a lot other than a corner lot.
2. 55 LOT LINES , shall mean the boundary lines of a lot de-
fined as follows :
a) Front lot lines shall mean the line dividing the
lot from the street; in the case of a corner lot
the shorter boundary line abutting the street
shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed
the side lot line, in case each of such lot lines
should be of equal length the front lot line shall
be deemed to be the front lot line as established
in the block by prior construction. In the case
11 of a through lot , the longer boundary dividing
the lot from the street shall be deemed to be the
front lot line and the opposite shorter boundary
shall be deemed to be the rear lot line. In case
each of such lot lines should be of a-ual length,
the front lot line shall be deemed to be the front
lot line as established in the block by prior
construction.
• - 19 -
Ili
c) where zoning boundaries are indicated as approz-
imately parallel to the line of any street and
the distance from such street is not indicated,
such zoning boundaries shall be construed as
being parallel to such street and the distance
therefrom shall bibe determined by the use of the
scale shown on the zoning map;
d) where any zone boundary is left uncertain after
application of the provisions of sections 3 . 4 a) ,
• b) and c) of this By-law, then the boundary line
shall be determined according to the scale on
Schedule 'A' to this By-law.
4100
c) ,
L J
SECTION 4 GENERAL PROVISIONS
4 . 1 APPLICA':ION .
The provisions of- this section apply in all zones
except as may be indicated otherwise.
4 . 2 ACCESSORY USES
• Accessory uses , buildings , or structures , are
permitted in any yard , in any zone, subject to the
provisions of this By-law for the particular zone
in which said building or use is located , and
provided that any accessory building or use :
4 . 2. 1 shall not be used for human habitation, except
where a dwelling unit is a permitted accessory use;
4 . 2. 2 shall not be built closer to the front lot line
or side lot line than the minimum distance required
by this By-law for the main building on the lot;
4 . 2. 3 shall not be located in the front yard or the
exterior side yard, in the case of a corner lot;
4 . 2. 4 shall not be built closer to the street than the
main building is to that street;
. 4 . 2. 5 shall not be built closer than one (1 . 0) metre to
any lot line except:
a) that common semi-detached private garages or
carports may be centred on the mutual lot
line;
b) that where a lot line abuts a public lane an
accessory building may be located not less
than one-half (0 . 5) metre from said lane.
4 . 2. 6 shall not exceed six (6) percent coverage of the
total lot area ;
4 . 2 . 7 shall not exceed six (6 . 0) metres in height;
4 . 2. 8 shall not be built within two ( 2 . 0) metres of the
main building except where a dwelling unit is a
permitted accessory use;
shall not be considered as an accessory building
if attached to the main building in any way except
where a dwelling unit is a permitted accessory
use;
)
- 11 -
116
4 . 2 . 10 shall not be considered an accessory building if
located completely underground.
4 . 3 CO! MERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law, .
where a commercial use is permitted as an acces-
sory use in an industrial zone, it shall be located
• within the main building or within two (2 . 0)
metres of the main building , and shall not exceed
ten (10) percent of the total floor area of the
main building or a maximum of two hundred and
eighty (280 . 0) square metres whichever is the less .
Where no buildings exist, such commercial accessory
use shall not exceed one hundred (100 . 0) square
metres of floor area.
4 . 4 RESIDENTIAL ACCESSORY USES
Notwithstanding any other provision of this By-
law, where a dwelling unit is permitted as an
accessory use in a commercial zone, it shall be
contiguous to the main commercial use and have a
minimum floor area of forty (40 . 0) square metres,
and be used as the residence of the owner or
operator, or an employee of the owner or operator,
of the main commercial use.
4. 5 HOME OCCUPATIONS
Where a home occupation is permitted in a particu-
lar zone, the following provisions shall apply :
4 . 5. 1 There is no external display or advertisement
other than a sign of a maximum size of one half
(0. 5) square metre.
4 . 5. 2 there is no outside storage of materials, con-
tainers, or finished products;
4 . 5. 3 the character of the dwelling as a private resi-
dence does not change , or a public nuisance par-
ticularly in regard to noise, traffic or parking
is not created;
4 . 5. 4 there is no equipment used, the operation of which
would result in any undue noise, fumes, dust, or
odour escaping to any adjoining use .
4 . 5. 5 does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living quarters,
• or forty ( 40 . 0) square metres whichc .n r is the
lesser and, for greater clarity, such uses in-
cludes the offices or consulting room for a pro-
fession such as a physician, dentist, chiropractor,
lawyer, engineer, accountant, teacher, musical
instructor where a single pupil is instructed at a
time, the office for a trade such as a painter or
L Z
electrician and the workroom for a dressmaker,
milliner, or hairdresser, but does not include or
permit a cl=inic, any shop, tea room, tourist home,
convalescent home, mortuary, funeral parlour,
dancing school , rooming house, boarding house,
hairdressing if more than two persons are engaged
in the business , or any similar use or other
commercial use or institutional use or a workshop,
storage yard, or parking area for any of the
trades.
10
4 . 6 TEMPORARY USES
•
Notwithstanding any other provisions of this By-
law, uses such as a construction camp or other
such temporary work camp, a tool shed, mobile
home, scaffold, sign or other building incidental
to construction are permitted in any zone provided
that:
4 . 6 . 1 such uses or buildinas are used only as long as
same are necessary for work in progress which has
neither been finished nor abandoned, or a period
of one year whichever is the lesser;
4 . 6. 2 such uses or buildings are removed when the work
for which they were permitted is terminated.
4 . 7 PROHIBITED USES
All uses, including the following uses , shall be
prohibited in any zone unless otherwise provided
for:
4 . 7 . 1 the use of any land or the erection and use of any
building or structure for the purposes of wrecking
yards , salvage yards, dumps, the collection of
rags , junk, any refuse , scrap iron, or other scrap
metals ;
4 . 7 . 2 any use is prohibited which from its nature or the
materials used therein is declared under The Public
Health Act or any regulations adopted thereunder, to
be a noxious trade , business or manufacture .
4 . 7 . 3 no land, building or structure shall be used in the
municipality for the industrial manufacture of coal
oil, rock oil, fuel oil , burning fluid gas , naptha,
benzene, gasoline, dynamite, dualene, nitroglycerine,
111 gun powder, petroleum and petroleum liquid material
which is likely to create danger to health, or dr..noer
from fire or explosion.
•
- 23
41110
4 . 8 NON-CONFORMING USES
The provisions of this By-law shall not apply:
4 . 8 . 1 to prevent the use of any land , building or struc-
ture for any purpose prohibited by this By-law if
such land, building or structure was lawfully used
for such purpose on the effective date so long as
it continues to be used for that purpose; or
• 4 . 8. 2 to prevent the erection or use for a purpose
prohibited by this By-law of any building or
structure the plans for which have , prior to the
day of the passing of the By-law, been approved by
the Building Inspector , so long as the building or
structure when erected is used and continues to be
used for the purpose for which it was erected and
provided the erection of such building or struc-
ture is commenced within two years after the day
of the passing of the By-law and such building or
structure is completed within a reasonable time
after the erection is commenced.
4 . 9 NON-COMPLIANCE WITH MINIMUM
LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the
effective date on a lot having less than the
minimum frontage and/or area , or having less than
the minimum setback and/or side yard and/or rear
yard required by this By-law, the said building
may be used , enlarged , reconstructed, repaired or
renovated provided that:
4 . 9.1 the use, enlargement, reconstruction, repair or
renovation does not further reduce a front yard
and/or side yard and/or rear yard having less than
the minimum required by this By-law, and
4 . 9. 2 all other applicable provisions of this By-law are
complied with.
4 . 10 EXISTING LOTS
Notwithstanding any other provisions of this By-
law, existing lots with less than the required lot
area or lot frontage may be developed for a use
specified in the appropriate zone provided all
other regulations of the By-law are satisfied.
•
v. 11 HAZARDOUS AREAS
4 . 11 .1 Buildings and structures for uses permitted by 0
this By-law are permitted if and only to the
extent permitted by the regulations made under
The Conservation Authorities Act, R.S .O. , 1970 as
amended from time to time.
•
¢ 1
2...20 E,.
•
4 . 11 . 2 Where in this By-law a front, side or rear yard is
required, and part of the area of the lot is
covered by water or marsh for more than two months Yl
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) I �
degrees or more from the horizontal , then the re- 0v
quired yard shall be measured from the nearest
main wall of the main building on the lot to the
nearest edge of said area covered by water or marsh,
' or to the rim of said river bank or watercourse, or
to the top of the said cliff or embankment.
4 . 11 . 3 The minimum setback from the Lake Erie shoreline
bluff is 15 . 0 metres from the edge of the bluff for
permitted buildings and structures east of Robinson
Street to the eastern limits of the municipality.
4 . 12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH
BODIES OR TRAVEL TRAILERS , TRUCK CA!-PERS,
MOTOR HOMES OR TENTS
4 . 12 . 1 No truck, bus , coach or streetcar body shall be
used for human occupancy within the Municipality
whether or not the same is mounted on wheels;
4 . 12 . 2 No travel trailer, truck camper , or motor home
shall be used for the living, sleeping or eating
accommodation of persons within the Municipality
for a period of more than sixty (60) days in any
period of ten (10) consecutive months.
4 . 13 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by
means of an outside staircase having more than ten
(10) risers or a height of one and one-half (1 . 5)
metres .
4 . 14 STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law., no
person shall erect a building or structure and no
person shall use any land, building, or structure,
unless the lot or parcel to be so used or upon
which the building is situated, erected or pro-
posed to be erected abuts or fronts on a public
street or public road.
4 . 15 EXISTING LOTS
Existing lots having less than the minimum frontage,
depth or area required by this By-law and/or with
access only by an existing, private right of way
may be developed for all uses in the appropriate
zone provided that:
m
- 25 -
1110
a) permission is granted in writing for the use of
the right of way from both the Village and the
holder of title to the right of way;
b) sewage disposal facilities meet the approval
of the Ontario Ministry of the Environment and
the local medical officer of health.
• 4 . 16 SIGHT RESTRICTIONS ON CORNER LOT
Notwithstanding any other provisions of this By-
law, and except in a General Commercial (Cl) Zone
no building or structure shall be erected; no
driveway shall be located; and no boundary wall,
fence, shrubs, or foliage shall be erected, planted
or maintained which obstruct the view of a driver
of a vehicle approaching the intersection, on a
• corner lot within the triangular space included
between the street lines for a distance of nine
( 9 . 0) metres from their point of intersection .
4 . 17 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By-
law, no private garage on any corner lot shall be
located closer than six (6 . 0) metres to either
streetline, and no portion of any driveway shall
be located closer than nine (9 . 0) metres to the
intersection of the two streetlines or their
projections..
4 . 18 1INIMUM SETBACKS FROM ARTERIAL '
STREETS OR ARTERIAL ROADS
Notwithstanding any other provisions of this By-law, l
where a building or structure is erected adjacent 1
to a County Road, and in the absence of an estab-
lished building line, the minimum setbacks from
such arterial streets or arterial roads shall be
ten (10 . 0) metres plus the required front yard or
side yard. _JJ
4 . 19 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of
this By-law, where two main buildings less than
ninety (90 . 0) metres apart are at less than the
101 required set-back or yard , the building line for
the intervening space shall be a straight line
drawn between the adjacent front corners of the
existing buildings .
110
- 26 -
•4 . 20 USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection .with
residential, commercial , industrial , or instit •
-
utional uses but without any buildings or struc-
tures thereon, all yards required by this By-law
on a lot in the respective use zone shall be
• provided and maintained as yards and the appli-
cable regulations shall apply , except where the •
land or lot is used for gardening or open space
purposes not prohibited by this By-law in such use
zone.
4 . 21 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required
about any building for the purpose of complying
. with the provisions of this By-law shall be
included as part of a -yard or other open space
similarly required for another building .
4 . 22 PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law
shall be open and unobstructed by any structure
from the ground to the sky, provided, however,
that those structures listed below shall be per-
• mitted to project or encroach into the yards
indicated for the distances specified where
applicable :
Max. Projection
Structure Permitted Yard from Main Wall
window sills , belt
courses , cornices ,
eaves , gutters , chimneys ,
or pilasters any yard 0. 5 metre
fire escapes and
exterior staircases rear yard only 1 . 5 metres
•
bay windows and awnings front, rear and 1. 0 metre
exterior side yards
only
boundary wall or fence any yard --
-)
- 17 -
110
2 . 108 WATER SUPPLY SYSTEM, MUNICIPAL, shall mean a publicly-
owned and operated system whereby water is piped to
more than one dwelling unit, or to more than one
commercial use, or to more than one institutional use,
or combination thereof , situated on separate lots.
2 . 109 YARD, shall mean an open space on the same lot with a
main building or structure , unoccupied and unobstructed
except as otherwise provided in this By-law.
• a) FRONT YARD, shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building
on such lot. The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the
front lot line and the nearest part of the main
building or structure.
b) REAR YARD, shall mean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot. The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure.
c) SIDE YARD, shall mean a yard between a building
or structure and the side lot line extending from
the front yard or front lot line (if no front
yard is required) to the rear yard or rear lot
line (if no rear yard is required) . The depth of
any side yard shall be deemed to be the perpendi-
cular distance measured in a horizontal plane
between a point in the side lot line and the
nearest part of the main building or structure.
•
d) SIDE YARD, EXTERIOR, shall mean a side yard
immediately adjacent to a public street.
ILLUSTRATION OF YARD
• 1
DEFINITIONS
s••• ,.. •.•••••
I • I a r t...••4• —o
e
1
i•O
•••••o•p•
I ••••• ie.
. .I li••••
I
•
... ••
A. .. Afar. •••••• A . T•••
A.... •...If 14 I •... ',tr. ,,,,, a
_ 7....... _. _ .... T
£ .•..•I I I '. :';''.75.•<1..f:<#... I
;,...,•.•...N./e4......'••
.' • I .....f.." ..‘. ...,--4. *It- I --...-J
• •••
'..\,\.. ......« V7'- l 1:.....''...• I - " ' l s.0.
. . „ „..,.,, ,. ., a
i. Building '' I ......... I ' S:..--."•/:;. `"..•.'''
f..,.>.4. .: •."4.,C.
••••,c a.* .4., 1
s•'• Building .
it A. 1., , . I ••?A . . • I t.••. a••••
•••••••••Yaw '),' •rn IC i s'.......1.7. , ›;...: B
. i
..". -- r-1----, ../ .
...-... .--.........--c,
..:4.---.^....,,,e„,,*4'..• 1 0....... I •e...-......,.%•,,,• 4._.....',...:; .., .
,,,.........k--...,4,,•,,,... , ' '0:/ •,,,,e,s.• ..• ..!.,,,..••••,.. I
*. ..s.. 'z•P'••••"‹. '1.• • 1,1........" I ''‘..:•,...r" • :".1,a•-••. . . -.••(...••••,
‹..........s.::,. r . , •. .„,:,.-.:,-.-...-...,.....:4,-.44,,,- .....;,,,,,,. 1
•••.•!..":.".•..---1. ,...,./._-_,
I .,••;',...,-.9,st:''.<,:.::,:-...;•.•.,..• I •
L--1 i , .... •••11 1 • •''N .,'.C. -' ' ' .. ‘*.:..e. I
1 ;.\!.\• . .
I .4 sz:•\N\...0
.9 • I
V..,.•:;.k.s,'.•'.% s'
.Z'C''''`t•
61_•
, I
4..4‘'4', I
/ I ''.. ' _a
I — — L__r_T ____.-.A—...•..--..._.-..1 ..-- — -.T ..... .7-L. —..
A.......• • • ,..., ", 0•••• •••11 ••••......• 01.4.. ...•
b•• 811/E0 i••••• ,••• " • •, 0 '...... •... S." &IWO
I I I I
0 ( , ... .m.
1.•••. i•••• a• ,•••• ,•. •.4..
1
., .... • ... . ..- . 4....
C•.•••••••• SD, S1001•1
111L. t NOT C: The Above IlluittiliOn is for Ciar;lic•lion
and Con.en.enc• Only and does not loan
part of l',Is By•low.
- ) .
...."
•
. .
a v
•
SECTION 3 ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONES
For the purposes of this By-law the map hereto annexed
as Schedule 'A ' shall be referred to as the "Zoning
Map" for the Village of Port Burwell and the Zoning Map
shall be divided into the following zones :
• ZONE
SYMBOL
Agricultural A
Residential Zone 1 R1
Trailer Park TP
•
General Commercial Cl
Local Commercial C2
Harbour Commercial C3
Institutional I
Industrial M
Park and Recreation P
Hazard Land H
3 . 2 USE OF ZONE SYMBOLS
The symbols listed in Subsection 3 . 1 shall be used to
refer to land, buildings, and structures and the uses
thereof permitted by this By-law in the said zones, and
wherever in this By-law the word "zone" is used, pre-
ceeded by any of the said symbols , such zones shall
mean any area within the Village of Port Burwell delin-
eated on the Zoning Map and designated thereon by the
said symbol.
3 . 3 APPLICATION OF REG'_L TIONS
No person shall within any of the zones of the munici-
pality use any land or erect, build, construct, recon-
struct, relocate, excavate for, alter, add to, enlarge,
extend or use any building or structure, except in
conformity with this By-law for the zone in which such
land, building, structure or use is located.
3 . 4 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the
boundary of any of the said zones as shown on the
Zoning Maps, the following shall apply:
a) unless otherwise shown, the boundary of the zones
as shown on the Zoning Maps are center street
lines or lot lines and the production thereof;
b) where zoning boundaries are indicated as approx-
imately following lot lines shown on a registered
plan of subdivision, such lot lines shall be deemed
to be the said boundary;
gh .
ILLUSTRATION OF LOT
DEFINITIONS
•
�.,,,..... ,_ u.a iO.rl
7..........!font Lint
1
M.0 Y Ot •o I \
floral Lot
lt+t s-� D.turct Sotcdrtl ``
Int By' le� l
In
i
/ N M,0 Po.nl of I
i1
S. lot Lrot F....•0 l01 Lone 1::4149#
/ , eCrs 1 Lot It
1 Lot Depth i
Soot Lot lint I ronl aM Few lci
1 Fr ,r Me On I. 1..* est rw,t F.'ale, ipw�^t• GI llia•pit
L C On ". try int S oe Lig L roes
In, me
1,0. tn. nl Lot Depth
Ft Mr^ Yo.nt OI I rpnl 101 lM
to AI't. 0' I•.enQ,t FprwteO l•y K hen, Lal Lr,r
Int Soot l01 lore
Lot Frontage
›../.7%%'...........4.1 ' --- r
Lot Fronlapt Waaurt0 on I •
F••••.F••••.f-nocuw to L✓!
m
froLot l✓e Jtr . M
np M,O ►'o+„► i,tr•• I TniO,ryn 101 I
1....m float Lot Lino—.................s..—
Ana keto l0' l.r-
MioPoirio.
ilonl lot Lr -_ - tuO
t,00. to ttr '
•
f.tar I
IJltarct ' I 101 101 l01 -.•
Lone
•
S^t1�rE/ L
Soot lot lme Cary Cone• 1
by la+'_ I101 LO' /M'Ooo.nlpl _---i_ Lot Depth
/ Ne a, lot La
irttt WC 1'-a, l01
t -\ lore) /Pt I. al&
SW v
Lot Lw
or
Lot Frontage
Lot lore. Wt no! Yayie,
lot it nt$Qf «
e</ laptnl) to f'•ttt
1.rat) l/'I vn l r r a.qi —G.7 trot
E u•tw••••t► d
v..'ww.ln1� tn,t,.a 101 lett ��
1750 / f iota Lot l+te • L Sot Lot l rte
` G,arnt, Lot Corner
Lot Corner C 1O' � ,O s�' \
CO,ne, 101 S,,a'Qn1 S.Oef
NOTE: TF'E ABOVE ILLUSTRATIONS :RE
FOR CLARIFICATION AND
- CONVENIENCE ONLY AND DO
A. NOT FORM PART OF THIS
BY-LAW,
111110 - 12 -
b) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line. In the
case of lots abutting streets on more than two
sides, rear lot line shall mean the rear lot line
as established by prior construction.
c) Side lot line shall mean a lot line other than a
front or rear lot line .
S. 56 LOT, THROUGH, shall mean a lot bounded on two opposite
sides by streets each of which is at least ten (10. 0)
metres wide. Provided, however, that if any lot quali-
fies as being both a corner lot and a through lot as
herein before defined, such lot shall be conclusively
deemed to be a corner lot.
2 . 57 MAIN BUILDING, shall mean the building in which is
carried on the principle purpose for which the lot is
used .
2. 56 !AIN WALL, shall mean the exterior front, side or rear
wall of a building, and all structural members essential
to the support of a fully enclosed space or roof .
2. 59 MOBILE HOME, shall be defined according to the provisions
of Section 35C (1 ) (a ) of The Planning Act R. S .O. , 1970 as
amended from time to time.
2 . 60 MOBILE HOMESTAND, shall mean that part of a Mobile Nome
Lot which is reserved for the placement of a mobile
home.
2. 61 MOBILE HOME LOT, shall mean a parcel of land within
a Mobile Home Park intended to be occupied by no more
than one mobile home.
2 . 62 MOBILE HOME PARK, shall mean a parcel of land under
single ownership which contains lots for mobile homes
together with commercial and recreational uses for the
Mobile Home Park residents .
•
2 . 63 MOTEL, shall mean a building , or two ( 2) or more
detached buildings for the purposes of catering to the
needs of the travelling public, by furnishing sleeping
accommodation with or without supplying food and shall
include a motor court, auto court, and all such buildings
operating under The Liouor License Act , R. S . O. , 1970 and
The Tourist Establishments Act , k . S . O. , 1970 .
4111,
•
•
- 13
la,
2 . 64 MOTOR HOME, shall mean a structure built on and made
an integral part of a self-propelled motor vehicle
chassis other ' than a passenger automobile chassis,
primarily designed to provide temporary living quarters
for recreation camping and travel use.
2 . 65 MOTOR VEHICLE, shall mean a wheeled self-propelling
vehicle for the transportation of passengers and goods
without limiting the generality of the foregoing in-
cludes automobiles, trucks , buses , ambulances, hearses,
motor homes and tractors.
2. 66 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking
lot, building or lot where motor vehicles are hired,
kept or used for hire, or where such vehicles and
accessories are stored or kept for sale, and where motor
vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries charged
or where repairs essential to the actual operation of
motor vehicles are executed or performed .
2 . 67 MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building
or part of a building , or clearly defined space on a lot
where gasoline, oil , grease , anti-freeze , tires, tubes ,
tire accessories , electric light bulbs, spark plugs and
batteries for motor vehicles are stored or kept for sale,
or where motor vehicles may be oiled, greased or washed,
or have their ignition adjusted, tires inflated or
batteries charged or where only minor or running repairs
essential to the actual operation of motor vehicles are
executed or performed.
2 . 68 MUNICIPALITY, shall mean the Corporation of the Village
of Port Burwell .
2 . 69 NON-COMPLYING, shall mean that which does not conform
comply or agree with the regulations of this By-law as
of the date of final passing thereof .
2 . 70 NON-CONFORMING, shall mean a use which is not a use
permitted in the zone in which the said use is situated .
2. 71 NON-RESIDENTIAL, when used with reference to a building,
structure or use , shall mean designed, intended or used
for purposes other than those of a dwelling .
2. 72 NURSING HOME, shall mean a building in which the proprietor
supplies for hire or gain lodging with or without meals,
and, in addition, provides nursing , medical or similar
care and treatment, if required, and shall include a
41111
rest home or convalescent home.
2. 73 OCCUPANCY, shall mean to reside in as owner or tenant on
a permanent or temporary basis .
1
N.
- 14 -
2 . 74 OFFICE, GENERAL, shall mean any building or part of a
building in which• one or more persons are employed
in the management, direction or conducting of an
agency, business, labour, or fraternal organization,
but excludes such uses as retail sale , manufacture ,
assembly or storage of goods , or places cf assembly
and amusement.
2 . 75 OFFICE, PROFESSIONAL, shall mean any office used by
• professionally qualified persons , for the purposes of
giving advice, consultation or treatment to clients or
• patients. .
2 . 76 OIL, shall mean crude oil , and includes any hydrocarbon
that can be recovered in liquid form from a pool through
a well.
•
2. 77 OUTSIDE STORAGE, shall mean the storage of goods in the
open air and in unenclosed portions of buildings which
are open to the air on the sides .
2. 78 OWNER, shall mean the person who holds legal title to a
piece of property.
2 . 79 PARKING LOT, shall mean an area provided for the parking
of motor vehicles and may include aisles , parking spaces
and related entrance and exit lanes , but shall not include
any part of a public street.
2.80 PAPJING SPACE, shall mean an area enclosed in a principal
. building, in an accessory building or unenclosed , having
an area of not less than eighteen (18) square metres,
exclusive of aisles or driveways and accessible to a
street or lane and set aside for the purpose of parking
an automobile.
2. 81 PARKS AND RECREATIONAL USE, shall mean any area of land,
whether enclosed or not, maintained or owned by the
Municipality or a public authority for the enjoyment ,
health and well-being of the people and normally open
to the public.
2 . 82 PERMITTED, shall mean permitted by this By-law.
2 . 83 PERSON, shall include an individual , an association, a
firm, a partnership, an incorporated company, municipal
corporation, agent or trustee and their heirs , executors,
or other legal representatives of a person to whom the
context of this By-law can apply according to law.
4 PIT, shall mean any opening , quarrying, or excavation
416
of or in the ground for the purpose of removing soil ,
rock, sand, gravel , earth, clay, or limestone and the
. processing thereof for commercial purposes including
r screening, sorting, washing , crushing , and other similar
operations, including required buildings and structures,
but does not include a water well , oil well, natural
gas well, or way-side pit.
. 5 PIT, WAYSIDE, shall mean a pit opened and used by a public
road authority for the purposes of a particular road
construction project or contract only .
2 . 86 PUBLIC AUTHORITY , shall mean any school board, public
utility commission, transportation commission, public
library board , board of parks management, board of
health, board of commissioners of police , planning
boards or commission or committee of local authority
established or exercising any power or authority under
• any general or special Statute of Ontario with respect
to any of the affairs or purposes of a municipality
or a portion thereof , and includes any committee or-
local authority established by by-law of the Council .
2 . 87 RESIDENTIAL USE, means the use of a building or structure
or parts thereof as a private dwelling.
2 . 88 RETAIL STORE, shall mean a store or shop within which is
conducted the selling or buying of goods primarily to
or from the general public and accessory thereto and may
include automobile accessories stores , garden centres
and liquor stores .
2 . 89 SANITARY SEWAGE FACILITIES, MUNICIPAL, shall mean a
publicly-owned and operated system whereby sanitary
sewage is pumped, transported or piped from any or all
buildings in the municipality to a central collection
station for processing and discharge pursuant to the
regulations of the Ontario Ministry of the Environment.
2 . 90 SCHOOL, shall mean any school established and maintained
by the Elgin County Board of Education, or the Elgin
County RC Separate School Board.
2 . 91 SCHOOL, PRIVATE, shall mean an educational or training
establishment which is not under the jurisdiction of a
, Board as defined by The Department of Education Act,
R. S .O. , 1970, as amended from time to time.
2 . 92 SENIOR CITIZEN HOME, shall mean a multiple housing unit
for the aged where over fifty ( 50) percent of the dwelling
units are designed, intended and/or used for persons sixty
( 60) years of age or over. f l
2 . 93 SERVICE SHOP, shall mean any building or part thereof
where appliances and machinery are sold, serviced, or
repaired and includes building trades establishments but
excludes any manufacturing , processing, or wholesaling .
41111 2. 94 SETBACK, shall mean the horizontal distance from the centre
line of the street allowance, measured at right angles
to such centre line, to the nearest part of any building
or structure on a lot.
- iv •
2 . 95 SHOPPING CENTER, means a building or a group of build-
ings for the use of commercial business establishments ,
planned, designed, developed and managed as a, unit
having off-street parking provided on the site.
2 . 96 STOREY, FIRST, shall mean the lowest storey of a building,
excluding the basement or cellar .
2. 97 STOREY, HALF, shall mean the portion of a building lo-
110 cated wholly or partly within a sloping rocf, having
side walls not less than one (1 . 0) metre in height and
the ceiling with a minimum height of 2 . 3 metres over
an area equal to at least fifty (50) percent of the
area of the floor next below.
2 . 98 STREET, ARTERIAL or ROAD, ARTERIAL, shall mean a street
or road under the jurisdiction of the Province of Ontario
or the County of Elgin.
2 . 99 STREET OR ROAD, shall mean a public highway as defined
by The Municipal Act.
2 . 100 STRUCTURE, shall mean any material , objects or work
erected as a unit or constructed or put toaether of
connected or dependent parts or elements whether located
under, on, or above the surface of the ground, but does
not include a sign, a fence or a swimming pool.
2 . 101 TAVERN, shall mean an establishment operating under
The Liquor License Act , R. S . O . , 1970, as amended from
time to time, wnere alconolic beverages are sold to
be consumed on the premises .
2. 102 TOURIST HOME, refer to the definition of Boarding House .
2 . 103 TRAVEL TRAILER, shall mean any vehicle so constructed
that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled
by the motor vehicle, but not including any vehicle
unless it is used or intended for the living, sleeping
or eating accommodation of persons therein for seasonal
recreational activity.
2 . 104 TRAVEL TRAILER LOT, means a parcel of land intended to
be used by no more than one travel trailer.
2. 105 TRAVEL TRAILER PARK, means a parcel of land under single
ownership which provides accommodation for travel trailers .
2. 106 TRUCK CAMPER, shall mean a portable structure, designed
to be loaded onto, or affixed to, the bed or chassis of
a truck, constructed to provide temporary living quarters
for recreation, camping or travel use.
r) . 2. 107 USE, (when used as a noun) shall mean the purpose for
which any land, building ,or structure is designed,
arranged or intended to be occupied or used, or for
which it is occupied, used or maintained.
- 27 -
11111
4 . 23 PAPY.ING REGULATIONS IN PiS:'DENTIAL ZONES
4 . 23 . 1 All parking spaces in any residential zone shall
be located in- an attached or detached private
garage, or in a driveway, or in a side or rear
yard provided that the lot coverage of the spaces
shall not exceed fifteen (15) percent of the total
lot area.
410 4 . 24 DRIVEWAY REGULATIONS WHERE A DRIVEWAY
-� IS REQUIRED TO SERVE A RESIDENTIAL USE
4 . 24 . 1 The maximum width of a driveway, measured along
the sidewalk, where such exists, or along the
street line shall be nine (9 . 0) metres.
4 . 24 . 2 The minimum distance between a driveway and an
intersection of street lines measured along the
street line intersected by such driveway shall be
nine (9 . 0) metres .
4 . 24 . 3 The minimum distance between an interior side lot
line and any driveway , with the exception of a
mutual or common driveway , shall be one (1 . 0)
metre.
4 . 24 . 4 The interior angle formed between the street line
and the centre line of any driveway shall not be
less than forty-five (45) degrees .
. 4 . 25 PEPMITTED PUBLIC USES
The provisions of the By-law shall not apply to
the use of any land or to the erection or use of
any building or structure for the purpose of
public service by the municipality or by any local
Board thereof as defined by The Municipal Affairs
Act , Chapter 98 , R. S .O. 1970 , any telephone,
telegraph or aas company, any department of the
Governments of Ontario or Canada, including Ontario
Hydro or any other public authority provided that :
a) the lot coverage, setback and yard requirements
prescribed for the zone in which such land,
building is located shall be complied with;
b) no goods, material , or equipment shall be
stored in the open in a Residential Zone;
c) any building erected in a Residential Zone
under the authority of this paragraph shall
be designed and maintained in general harmony
with residential buildings of the type permitted
in the Zone.
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.
1/
26 MOBILE HOMES PROHIBITED IN ALL ZONES
It shall be prohibited to locate and use a mobile
home in any zone for the purposes of residential,
business , industrial or institutional uses , tempor-
arily or permanently, unless the use of a mobile
home for such purposes is listed specifically in
this By-law as a permitted use within a particular
use zone.
• 4 . 27 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main
side walls and roof have been erected and roofing
have been completed, and sanitary conveniences
installed and, where applicable , kitchen and
heating facilities have been installed.
4 . 28 SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone there shall
apply such special regulations as may be estab-
lished by this By-law with respect to such defined
area and, in addition to such special regulations,
all provisions of this By-law including the general
regulations applicable to the zone within which
the defined area is located shall apply to the
defined area; provided that, unless a contrary
intention appears from the special regulations,
a) If the special regulations are different
from the corresponding regulations of this
By-law, including the general regulations
applicable to the zone within which the
defined area is located, the special regula-
tions shall supercede and prevail over such
corresponding regulations of this By-law;
b) If the special regulations establish one or
more specifically permitted uses of the defined
area , such permitted use or uses shall be
the only purpose or purposes for which the
defined area may be used, and
c) If the special regulations specifically
permit one or more uses in addition to those
otherwise permitted in the zone within which
the defined area is located, any and all of
the other special regulations applicable to
111/1 the defined area shall apply only to the
additional permitted use or uses and not to
uses otherwise permitted in the zone.
I
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ECT/ON 11 INSTITUTIONAL ZONE (I) REGULATIONS
.
11.1 PERMITTED USES
4
Institutional uses including churches, schools,
senior citizen homes, hospitals and government
' offices.
' 11. 2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses.
11. 3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
1, 855.0 square metres
•
Where municipal sanitary sewage disposal facilities
• are not available but a piped municipal water supply
is available - 800. 0 square metres
Where municipal sanitary sewage disposal facilities
and a piped municipal supply are available - 555.0
square metres.
11. 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal and piped
water supply facilities are available - 15. 0 metres
Otherwise - 20. 0 metres
11. 5 MINIMUM LOT DEPTH
38. 0 metres
11. 6 MAXIMUM BUILDING LOT COVERAGE
Where municipal sanitary sewage disposal and piped
water supply facilities are available - 60 percent
•
Otherwise - 40 percent.
11.7 MAXIMUM BUILDING HEIGHT
12.0 metres
r
11. 8 MINIMUM FRONT YARD
O?14 1.0 AMP metres
11. 9 MINIMUM SIDE YARD
I
. 4.0 metres
Pik
- 44 -
11 .10
4 -11 .10 ? II:IMUM REAR YARD
- where the-yard abuts a Commercial or
Industrial Zone: 6 . 0 metres
- where the building contains residential
accommodation: 10 . 0 metres
11 - where the yard abuts a Residential or
Park and Recreation Zone : 10 . 0 metres
110
1:) .
i
SE^_TION 12 INDUSTRIAL ZONE (M) REGULATIONS
12 . 1 PERMITTED USES
manufacturing and industrial operations
warehousing and storage uses
• automobile body shops
offices and retail outlets related to the industrial
operations carried on in the same building
buildings accessory to the permitted uses
dwelling unit or units in a portion of the non-
residential building, in conformity with the floor
space regulations for an R1 Zone , for one caretaker
or one person and his family employed in the
' manufacturing and industrial operations or uses
permitted in this subsection.
12 . 2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses
or accessory to the permitted use.
12 . 3 MINIMUM LOT AREA
• Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
1 , 655 . 0 square metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 930 . 0 square metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
740 . 0 square metres
12 . 4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped water supply are available - 25 . 0 metres
Otherwise - 30 . 0 metres
12 . 5 MINIMUM LOT DEPTH
61111 Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
76 . 0 metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 54 . 0 metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
30 . 0 metres
12 . 6 MAXIMUM BUILDING COVERAGE
40 percent
12. 7 MAXIMUM BUILDING HEIGHT
12 . 0 metres
12. 8 MINIMUM FRONT YARD
•
9 .0 metres
12. 9 MINIMUM SIDE YARD
4 . 0 metres except where the use abuts a Residential
• or Park and Recreation Zone in which case the yard
will be 7 . 0 metres
12 . 10 MINIMUM REAR YARD
7 . 0 metres except where the use abuts a Residential
or Park and Recreation Zone in which case the
yard shall be 10 . 0 metres
12 . 11 STORAGE
a) No storage shall be permitted outside the
building or buildings on the lot until a
fence of a minimum 1 . 5 metres in height
is erected and maintained at' all times
around the area of the lot to be used for
storage. '
b) No storage shall be permitted outside the
building or buildings on the lot in the
front yard, or in a side or rear yard which
fronts, is opposite to, or abuts a Residential
or Park and Recreation Zone.
D
•
•
•
- .. . c
- 11141
BY-LAW NO. 5r 71-_ .
OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
Being a By-law respecting the issue of Taxi
licences in the Village of Port Burwell and
establishing fees and regulations therefor.
• WHEREAS the Municipal Act authorizes municipalities to pass
such By-laws as require the person carrying on,or
proposing to_carry on, a licenced trade, calling,
business or occupation to contribute a licence fee
in the nature of a tax for the privilege conferred
by the licence; the primary object of such By-laws
being the raising of revenue;
AND WHEREAS THE Municipal Act provides a licencing power
of different character, being the authority for
such Licencing By-laws as are enacted primarily
for the purpose of enabling the municipality to
regulate and govern the licenced trade or business
and those engaged in it; the Legislature has
commonly fixed the maximun annual licence fee to
be imposed under By-laws of this nature at a
nominal amount;
AND WHEREAS all licencing powers proceed upon express
legislative grant, in the absence of which
there is no authority to licence;
AND WHEREAS Village Council is desirous of consolidating
existing Licencing By-laws into one document
that confirms with current legislation;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BURWELL ENACTS AS FOLLOWS:
1 . In this By-law, except where it is otherwise implied or
shown by the context the word "person" shall include not
only an individual , but also any body corporate, or
politic, or party, Of any firm and the heirs, executors,
administrators, successors, or other legal representatives
thereof, to whom the context may apply, and words imparting
the singular number shall include more persons or things
as above described or things of the same kind, than one,
and words imparting the masculine gender shall be deemed
to include the feminine gender.
[ —
(2)
0 2. From and after the passing of this By-law, all other
By-laws and parts thereof that are inconsistent with
the provisions of this By-law, shall be and the same
are hereby repealed.
3. No person shall engage in or carry on any of the trades,
occupations, businesses or callings mentioned in Section
4 of this By-law unless and until he shall have procurred
411 a licence authorizing him to do so, and shall have paidto
the Village Treasurer, the fee set out in the said Section,
_with respect to such licence, and shall have complied with -
all of the provisions and conditions set out in other Sections
of this By-law relative to the acquisition of such licence,
if applicable, and no such licence shall be issued until such
fee has been paid and such provisions and conditions have
been satified, as determined by the Village Clerk-Treasurer.
4. For a cab or taxi licence; $25.00; For a cab driver or
taxi driver' s licence; $10.00;
5 The Council hereby reserve the rights conferred upon it to
revoke any licence granted under or by virtue of this By-law,
at any time, without any reason therefor.
6. CAB OWNERS AND DRIVER
DEFINITIONS
(a) In this Subsection:
( 1 ) Village shall mean the municipality of the Village of
Port Burwell .
(2) Police shall mean the Ontario Provincial Police of
the Village of Port Burwell .
(3) "Corporation" shall mean the Corporation of the Village
of Port Burwell .
(4) "Licence" shall mean a licence issued by the Council ,
under the provisions of this By-law.
(5) "Cab" shall mean a motor vehicle kept or used for hire
for the conveyance of passengers, which vehicle has a
seating capacity of not more than ten persons, but shall
not include a bus, an ambulance, a funeral hearse or a
snowmobile.
DUTIES OF BY-LAW ENFORCEMENT OFFICER
(b) ( 1 ) The By-law Enforcement Officer shall be charged with
the enforcement of this by-law, and in connection there-
with, shall do or cause to be done, the following:
(a) Report to the Council whenever he shall be required by
it so to do;
(3)
(b) Submit to the Council , applicantions for licences
110
and all necessary reports pertaining thereto;
(c) Make all necessary inquires on behalf of the Village
with respect to suspension and revocation of licences,
in connection with applicants for licences and to examine
vehicles and equipment therefor, as is necessary prior
to or after the issuance of a licence;
• (d) Finish each person taking out a licence, pursuant to
the provisions of this By-law, with a copy of the By-law;
(e) Prosecute all persons who shall offend against all of
the provisions of this By-iaw;
( f) To authorize the issuance of licences by the Village
Clerk upon presentation of evidence of payment of the
required fees.
LICENCE
( 1 ) Within the Village of Port Burwell no person shall;
(a) Drive a cab without having a current valid licence
so to do, issued under the provisions of this By-law
and herein referred to as a driver' s licence;
(b) Keep a cab for hire without having a current valid
licence so to do, issued under the provisions of this
By-law, and referred to herein as a cab owner' s licence.
(2) Any licence issu .d_,_,u.nder this By-law shall be for the
year commencing _lith First, in which it is issued or
the balance thereof, unless at the time of issue, the
applicant holds a valid licence of the same type for;
the balance of that year, in which case, the licence
shall be for the next following year, commencing
March First.
APPLICATIONS FOR LICENCE
IIP ( 1 ) Applications for licences shall be addressed to the
Village Council and delivered to the Village Clerk
together with such evidence or material as is required
by this By-law.
The Clerk shall submit each application and his report
in respect thereto, to the Council . Unless the Council
otherwise directs, every applicant for a driver ' s
licence shall submit with his application,
(a) Cab owner ' s licence, if owner;
(b) A letter from a cabowner confirming, that he will employ
such applicants if the applicant As granted a driver ' s
licence;
r
(4)
(c) Evidence that the applicant has the appropriate
II/P
Provincial driver' s licence;
(d) A medical certificate certifying that the applicant
has been tested within a month prior to the date of
such application, and is found to be free of tuber-
culosis;
(e) A medical certificate certifying that the applicant has
III had a Wassermen test within 1 month prior to the date
of such application, and that the results of such
test are negative;
( f) A certified copy of a current valid policy of insurance,
issued by a Company authorized to do business in Ontario,
which insurance shall apply to the vehicle in respect
of which the licence is applied for or held by the
applicant, and shall indemnify and protect the owner
and the public, including passengers carried in such
vehicles and shall be in amount of $500,000.00, or
such amount as the Council may from time to time approve
by resolution, inclusive of public liability and
property damage;
(g) Proof of mechanical fitness of the vehicle from a
licenced mechanic.
REVOCATION OR SUSPENSION OF LICENCE
( f) Licences may be refused or revoked by the Council in its
discretion, and it shall not be bound to give any reason
for refusing or revoling any licence. Notice of the
revocation of any licence may be given by the Council
by personal service or by ordinary post to the licensee
mailed to the address on record given by the licensee
to the Council and upon such notice, being given, the
licence shall be revoked and of no further effect.
QUALIFICATIONS
IP (g)
( 1 ) No person shall be licenced under the provisions of
this By-law;
(a) who has been convicted of any criminal offence or any
breach of the Liquor Licence Act, while in the operation
of a vehicle, until the Council has had placed before
it , all facts pretaining thereto, and thereafter , author-
ized the issuance of a licence;
(b) who is under the age of eighteen years;
(c) who is unable to speak, read and ►write the English
language;
(d) who applies to be licenced as an owner unless the cab
r •
(5)
in respect of which the licence is to be Issued is
registered and licenced for the then current year
under the provisions of The Highway Traffic Act of Ontario;
SEPERATE LICENCE FOR EACH VEHICLE
(h) Every owner of more than one cab required to be licenced
under the provisions of this By-law, shall hold a
• seperate licence for each cab, and no licence shall be
transferable, provided, however, that whenever any licenced
owner disposes of his vehicle and acquires another vehicle
in its stead for use as a cab, he shall , hefore using
the same as a cab submit the same to the By-law
Enforcement Officer for inspection and approval and
apply for and obtain a new licence to cover the newly
acquired vehicle without the payment of any additional
fee.
TARIFF - RATES OR FARES
( i) The rates or fares to be charged by the owners or
drivers of cabs for the conveyance of passengers wholly
within the Village of Port Burwell, or to any point
not more than t miles beyond its limits, shall be in
accordance with the following schedule;
1 . RATES AND FARE
Basic Rate $3.00
Basic Rate on Sundays $4.00
Basic Rate from 12:00 midnight to 6:00 A.M.
$5.00
2. ADDITIONAL CHARGES WHERE APPROPRIATE
Groceries $1 .00
Stops $0.50
Deliveries $3.50
The above rates do not prevent the owner and a customer
IP from entering into a contract, in writing, for services
to extend for a fixed points at an agreed upon tariff
or for a passenger to arrange for the use of the cab
on a hourly basis.
Upon request from a customer, the owner or driver
of a cab shall be able to produce tariff card illus-
trating the most current rates or fares.
DISPUTE OVER FARES
(j) When a dispute arises, with a passenger as to the fare
the driver or owner in charge of the cab may refer
the same to the By-law Enforcement Officer, and if the
(6)
driver or owner was correct in the demand for fare made by
him, he may add thereto an amount equal to the proper
charge under tariff "C" for the distance travelled
from the place where the dispute arose to the By-law
Enforcement Officer.
MAINTENANCE OF RECORDS
( 1 ) The driver of a cab shall keep a daily record (herein-
after referred to as a "trip" record) of all trips
made by him, and such record shall contain the follow-
ing information;
(A) The Provincial motor vehicle licence number of the cab
owner' s licence, issued under the provisions of this
By-law.
(b) The name, address and identification number of the driver.
(c) The date, time and location of the beginning and
termination of each trip, and number of passengers
carried.
(d) The amount of the fare collected for each trip;
(e) Every driver who drives a cab of which he is not the
owner shall, at the end of each day' s tour of duty,
deliver to the said daily record.
(2) The owner who hires a driver for a cab shall check the
daily trip record kept by the driver and shall require
an entry for each trip recorded. The driver shall turn
the copy of his trip record over to his employer with-
out undue delay and not later than one hour after
the end of his shift.
(3) Every owner shcil retain the records referred to in
this By-law for a period of time not less than twelve
months; these records shall be open to inspection by
any person authorized by the Council and may be removed
and retained by the Council for a reasonable time.
GENERAL PROVISIONS
( 1 ) Every driver licenced under this By-law shall ;
(a) Make available his trip record and give full infor-
mation thereof, to any Police Constable on being
required so to do;
(b) Keep the interior and exterior of his cab clean and in
a state of good repair. Whenever the owner of any
such cab or his driver is notified by any Police Con-
stable of the Village that such vehicle is not so
kept, stating briefly the items complained of, such
owner shall , forthwith, put the same in a fit and proper
condition and the By-law Enforcement Officer shall
report his action to the Council .
(7)
(c) Upon request of any passenger, give in writing, his
name, address, number of licence issued to him under
the provisions if this By-law and the Provincial motor
vehicle licence number of his cab; Upon request of
any Police Constable of the Village, provide full infor-
mation as to passengers carried; Punctually keep
all his appointments and engagements and shall , while
on duty, unless his cab has been previously engaged,
serve at any place within Village, and at any specified
time, whether by day or night, any person who may
lawfully require his cab, and he shall not neglect to
fulfill his appointments or engagements, except for
reasons beyond his control ;
(2) No driver licenced under this By-law shall, while in
charge of a cab;
(a) Solicit any person to take or use his cab by calling
out or shouting; the person wishing to use or engage
a cab shall be left to choose without interruption o
solicitation;
(b) Be under the influence of any intoxicant or take,
consume or have in his possession any intoxicant while
in charge of a cab, nor shall the use thereof by him,
be apparent while he is in charge of such vehicle;
(c) Carry any passenger who is under the influence of any
intoxicant while his cab is occupied by a person
who is not accompanying the person so under the influence;
(d) Carry any person while on duty or subject to call , other
than the person or persons employing his services;
(e) Allow any immoral , indecent or disorderly conduct In
his cab;
( f) When his cab is not employed, prevent or hinder a person
authorized by the Council from entering the same or at
any time, prevent or hinder such person from entering
his garage or other building for the purpose of inspecting
such vehicle;
(g) Smoke while a passenger is being carried by him without
first asking for permission.
(3) Every owner shall, in respect of every cab, for which
he holds a licence under the provisions of this By-law;
9A) Submit his vehicle for examination prior to a licence
being issued for the same, and at all other times a
required by the Council ;
(b) Upon disposing of his vehicle, the owner shall , within
forty-eight hours, attend at the office of the. Village
Clerk . and surrender the licence held by him in respect
of such cab;
(8)
(c) When employing a driver, notify the Council within
forty-eight hours, thereafter that he has employed such
driver, and when the said driver leaves his employ,
notify the Council within forty-eight hours to such
effect, giving the reasons therefor;
(d) During the term of employment of any driver, retain
in his possession the licence issued to such driver,
• by the Council and return such licence to the driver
within forty-eight hours of the time the driver leaves
his employ unless otherwise directed by the Council .
(4) No owner licenced under this By-law shall ;
(a) Employ any personother than a driver duly licenced under
this By-law to operate his cab;
(b) Permit any cab to be driven under the authority of a
licence issued to him except that in respect of which
the licence has been issued.
SCOPE
(m) This By-law shall apply to owners and drivers of cabs
which cabs are kept or used for hire in the Village of
Port Burwell. The tariff attached hereto and forming
a part of this By-law shall apply for the use of
cabs wholly within the s d municipality or to any
point not more than miles beyond its limits.
HEADINGS
(n) The headings contained in this By-law are for conven-
ience only and are not to be considered a part of this
By-law and do not in any way limit or amplify the terms
and provisions of this By-law.
7. Any By-laws inconsistent with the provisions of this
By-law are hereby repealed.
G
11/1
8. This By-law shall become effective and take force from
the date of the final passing hereof.
9. If any provisions of this By-law is found by a court of
cpmpetent jurisdiction to be ultra vires, such finding
shall not affect the other provisions hereof.
10. Unless otherwise stated, any licence issued under this
By-law sh.11 b.e ?1 • only from the date of its issue
X.
until .; , of the year of its issue.
11 . PENALTIES
( 1 ) Every person who contravenes any of the provisions of
this By-law is guilty of an offence and on conviction
(9)
and on conviction is liable to a fine of not less than
$25.00 ar.d not more that $1 ,000.00, exclusive of costs
and every such penalty is recoverable under the Pro-
vincial Offences Act, R.S.O. 1980.
(2) The imposition of a fine or the payment thereof does
• not relieve a convicted person from fulfilling any
obligations for the neglect of which the penalty was
imposed. •
12. This By-law shall come into force and take effect
on the day following the final passing thereof.
0-10/10 MOVED BY t ` SECONDED BY �►:.,._
C
THAT by-law 87-15 be read a first time. Read and :cried.
MOVED BY \‘ k, SECONDED BY��- �
�i�6� THAT by-law 87-1 be read a second time. Read and carries .
MOVED BY SECONDED BY
ro (16
( THAT by-law 87-15 be read a third time. Read and carried.
Vat%f0/7 a6.11t. (070-2.
.11)
m'7.mm''mm'm.m'm:'' Imm'mmm. . ' I ------
The-Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall he changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
This by-law read a .rst and second time t is 27th day of September 1994.
/ iltta•
omas Neskitt, Reeve
L
.vi. 1' -ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 27th day of September 1994.
/1/4/
.mas Nesbitt, Reeve
Davi.4P . Free, Administrator/Clerk-Treasurer
3