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Port Burwell By-Laws 1991
_ I Port Burwell By r Laws Mdv:• ks.011001111111' • 411111 By-Laws # 91 - 1 - 91 - 05 1991 S THE CORPORATION OF THE VILLAGE OF PORT BURWELL DY-LAW 91 -01 Whereas Section 110 of the Municipal Act allows Municipalities to pass by- laws to licence , regulate or govern places or thiggs . And- furthers whereas the Ministry of Consumer and Commercial Relations gives the authority to Municipalities to issue lottery licences ; The Corporation of the village of Port burwell hereby enacts the following ; At Clerk/T✓tusv✓r, Gni ( 1 ) That Jaim. 6. mZ-t-n be and is hereby appointed Licensing Officer and Lottery Licensing Officer for the Corporation of the Village of Port :7 11 . -►+t C/er klTrea5u.rt ( 2 ) That Sas — shall perform all the duties required to be performed under statutory authority governing the issuance of licences . .411° ( 3 ) This by- law repeals and rescinds all other previous by- laws regarding the appointment of a Licensing Officer and Lottery Licence Officer and this by- law comes into effect on the day it is p sed by Council . , Q ,MOVED B . " s . _ / i, . . SECONDED BY !XC.G_ Ste"--_ DAT L' GThat . - law ' 1-01 be read a first time . Read and carni . \' •iMOVED BY / SECONDED BY— r,. , �aATE 'iI1That by- law'l -01 be read a second time_, 'ead and carr . -": . • / Odk MOVED ; ' a.� A -.r `-- SECONDED :Y dl • / DATE _That by- - 9 -01 be read a thin• ti . •eading dispe , sed with ,finally passed . CARRIED ,, / REEVE WMLL Reev��t�/As /i•Cl -Treasurer • P..NO Out.-73 BY-LAW No.91— p=U1tU to authorize the borrowing of $ r9-C4 0-079 VZ9 Whereas the Council of the !1, I I Ur7� O74 6,4 PUr'k✓t 1/ 111 (hereinafter called the "Municipality") deems it necessary to borrow the sum of $ �DC1 Oa-� to meet, until the taxes are collected, the current expenditures of the Municipality for the year; Nora.—Refer And Whereas the total amount of the estimated revenues of the to the estimates for the n,rrent Municipality as set forth in the estimates adopted for the year 1990, is ryff- it.source; P Y P I( not.to throe $ / _ / a Wt year. (/Vl/`J/'Jl/7/r l e (Delete this And Whereas the total of amounts heretofore borrowed for the purposes paragraphl ) mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is $ Therefore the Council of the v//�U of 6v v`rrGv`.e hereby enacts as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate $ 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. p Passed this � � day of \J a n H ory 19 !/ 40® ' THE ' D 0 THE MUNICIPALITY { SEAL } AA.'�� / • AddriOt CLERK I hereby certify that the foregoing is a true copy of By-law No. r'// Dot of the V/i Ilc,ye of Po r><- guvrvz 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 day of J 4./ nary 19 9/ As Witness the Seal of J / the l/�/fti4p of °Orf gur w{ I! sEAL I 111, its • / I THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 1111/ . Meeting - '-71- ---- ,19 Moved By lie/ That leave be granted to introduce Law $q Seconded B _. - 1----J,(14, / - eoz A i --,07), and that Bylaw presented herewith be read a first time. vt By-law read a 1 6 ± _fin,,, :°44 ti.K i A \,I' Cle e ore_ c..,..A... <4.31e1 1 4110 Moved l3y ..- # 2ic ,......_ . _ Seconded By ---..... _LN.1.!_—_-1-_______ g.::- .e-'4*'"----- That By-law now read a first time be read a second time forthwith. -'"1 By-law read a timsj)",i. Moved 6By .. .... .. ...dr-,:s...„:-.7.=:...._---- i.„...;-.- Seconded By_ -. .,r..:777:e.:_zgi,__•._____, That third time at By-lawefonorthwrweith. ad a second time be read By-law read a ._.3...r 7 _.time .0.)4rvieckQtiejr) - *' Ire ei.,4.--.. t-i'v`-c •-'14/ it 4 Moved By _ ..../ That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded4, -C2.A4 ,)-7 i .41,AL, sealed by the Reeve. • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 - Meeting 1 --:4-- ,19...7./ Ade /4' Mov.• : .... 4,. . _ ......... t....4...--_-_-.—:. d!tk; 1-s- That leave be granted to introduce By-law,4tir Seconded By ......... 1 / — and that Bylaw presented herewith be read a first time.By-law read a — 1 time II Moved By That By-law now read a first time be read a Seconded B. ... . ---) By-lawA‘d a ,T time Moved By ___ if / • That By-law now read a second time be read a third time •ellicth. Seconded By A—Ael 4/ By-law read a .....—.1_.-D.._—time Moved By / - - - That By-law now read a third time do pass, _...kif be engrossed by the Clerk, and signed and Seconded : - .. ... . ,427 sealed by the Reeve. I \\ .\ ee0 e. • i THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting i'1/4------ --Y I 09..7 Movet15;74— That leave be granted to introduce By-law.'/- _. &-. 6/7 -0 3 6,.,,,,7„,„/„/ z.,,,, ig_,, --6,,-- and that Bylaw presented herewith be read a first time. S /— By-law read a ._______._._-_-._.______time Moped By - - - 7 i _- That By-law now read a first time be read a 3eaoeded B t _ __.___. time r � . By-law _n ..._-time Moved By iti / — --- That By-law now read a second time be read a third time Seconded By -� By-law read a time Moved By . t/ -------- That By-law now read a third lime do pass, be engrossed by the Clerk, and signed and Seconded , )4/..(aLL -7--____ sealed by the Reeve. \\' il\ 44a e:00e 1 i 014 . t develo'pment *t ... engineering Consulting Civil Engineers and Planners - -- 361 Dufferin Avenue London Limited London,Ontario N6B 1Z5 (519)672-8310 Fax(519)672-4182 VaAvgC or S r fi,JtZL PROTECT No:9, 3 B Y0. &x /0 paR_rg Q� CDATE: . 4AJ 'b !�6uRGochi.. OJ rr RE: ,• G • 67fi7er 0P cta -/h-E A.)0.7- PrO �} ATTENTION: ,V/1U,-- b";--E-- Ei PLCs We are enclosing herewith the following se un it"p., .,rte cl r No. of Copies Drawing No. Title or Description Prepared By o,-- z2,,,,,, 2.,,A(C4(.(4 E- For use in connection with your work on this project For your information and files ' n r rill For your approval a r comments L ,IAN 1 1 1993 y k 5...:,... .„,cr_u__,m.1 For distribution For your direction and/or comments As requested As approved Approved asd�noted REMARKS // S 'S Tl .0.Y /a t .Tc / . .�' 1k441 :40 S .:... / •r 0 "/_ 410 9/-O 3 . irte.4,1,14 s ,arc_ rut 5//te>i , z 5 ' - l-1\y POD( T� CV-A ted DEVELOPMENT ENGINEERING (LONDON) ! (TED verV"lJ / caet /oto 1,1(;5 Crit 4 Lel rirrne diVI-. 4r V Robert F Fellner, PEng.,William E. Feltner, PEng., Robert W Ciark. P.Eng. ØCc .iIIgEnIeQ1s L.G.W. Smith. C E.T., E W Hodgins,C.E T., K.F Ryan of Or110ri0 VILLAGE OF PORT BURWELL P.O. BOX 10 21 PITT STREET PORT BURWELL ONTARIO NOJ ITO (519)874-4343 Datir (Piker,J`i, /59/ ZONING CERTIFICATE The Council of the Village of Port Burwell passed By-law 91-03, the Comprehensive Zoning Bi-law on February 12, 1991. The property located at /L ('JY r lf_ Is zoned #�Pd( jil1, J.G. Timlin Clerk I VILLAGE OF PORT BURWELL P.O. BOX 10 21 PITT STREET PORT BURWELL,ONTARIO NOJ 1TO (519)874-1313 Der dlickt ,Th9S, 1591 ZONING CERTIFICATE The Council of the Village of Port Burwell passed By-law 91-03, the Comprehensive Zoning Bi-law on February 12, 1991. The pmerty located at C19 111 Y I 541.1 '44 le coned o to I J.G. Timlin Clerk VILLAGE OF PORT BURWELL . P.O.BOX 10 21 PITT STREET PORT BURV/ELL,ONTARIO NOJ ITO (S 19)874-4343 Date- ZONING CERTIFICATE The Council of the Village of Port Burwell passed By-law 91-03, the Comprehensive Zoning Bi-law on February 12, 1991. Thproperty ted at / C'Acl n� c is zoned p5rrienitp J.G. Timlin Clerk VILLAGE OF PORT BURWELL P.O.BOX 10 21 PITT STREET PORT BURWELL.ONTARIO NOJ ITO I (519)874-4343 Daw 64r13;f toq, 'cc' ZONING CERTIFICATE The Council of the Village of Port Burwell passed By-law 91-03, the Comprehensive Zoning Bi-law on February 12, 1991. The property t¢d at is zoned ocidoit/rrI I J.G. Timlin Clerk MATCH LINE OS RESTRICTED AREA i os ZONING BY-LAW .....,...,..,..,..,,,.,..,,,u,,,,,,zzz,,,.....,,...,.., / LAKE ERE LL P,I4CUT I WE K 1 os VILLAGE OF PORT BURWELL RRr St R OS . i AMOCO MIT / RI . 1P91 "111111111"111111 i CQ En i��� omilinin��fall OS LEGEND //// • IIA i in � _am '■1■a1r. CI ` .7. -›. RI SINGLE FAMILY RESIDENTIAL OS _ RC(h 11Ei1,���� , R2 SINGLE FAMILY RESIDENTIAL � / �. R3 MULTI-FAMILY RESIDENTIAL -� ��� f��' ����( ���� \ 7�� HL R4 MOBILE HOME RESIDENTIAL �r .�� C.:.-- `-_- �� IK ��t OS RC RESORT RESIDENTIAL Aliklirri.1,1'11��K I tOYZ /C1 CI GENERAL COMMERCIAL r 1 P1�■yc2 TOURIST COMMERCIAL IIIft ::111a1:1 111���,,/' Com,411k..,\IIIIII C3 DOWNTOWN COMMERCIAL • MITA 1 Illllili� �� M INDUSTRIAL ` _ in 11114-111L ,I'1��11•�� . I INSTITUTIONAL I viiari�r7 j II111E !IIL G, I. CS OPEN SPACE LAKE ER/E Warmly 'I 11111 iiI I I- \ HL HAZARD LAND - Y .•,,1 nI i i-r�1111111L� PD PROPOSED DEVELOPMENT . I.�� Y II— — = 1. 11 UN1;Ii1■ t'�-- 'I in •,. R..� CARE ,� Mt . , i, I . • 'I 1 IIIII� r st 1U!1P11111 111111111111 1`d11 'ilii VILLAGE BOUNDARY '� LIMIT OF THE HL �= R4 R2 R3 PLANNING AREA c I o 0o m zoo 300 Q OJ I METRIC U11T5 J 0Q SCALE B RI MPERYL W1T5 o zoo n Soo loon i F'4 i RI 1MG 1 Consulting ° Group Inc. iMATCH UNE THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ...,--1"-- i Movefi4. That leave be granted to introduce By-1& sitsr Seconded By A41" I / — d 3 - -...zr—p-t-4------7 g----L, - and that By-law presented herewith be read a first time. / 6 /- By-law read a i time --.-i --- / Seconded B ..._ .. . 0"-----7.- -- --7----cfl--e:7------------------------- That By-17 nw read a first time be read a nd time..1. 1.1.1:th. By-law ,A‘d a /9- \ A Pigh qe Moved By By 11. - That By-law now read a second time be read a third time f., .th. Seconded By like( , Alf- By-law read a time --, Moved By -_ ___ t . . .. ' - Th ,,,A,..fi'(--A--- at By-law now read a third time do pass, ) be engrossed by the Clerk, and signedand Seconded : • .. ...,a (7/ — sealed by the Reeve. 7 \\I • 4- • eee t • • I THE PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY The Corporation of The Village of Port Burwell TAKE NOTICE that the Council of the Corporation of the Village of Port Burwell passed By-law 91-03 on the 12 day of February, 1991 under Section 34 of the Planning Act, 1983 . AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Village of Port Burwell not later than the 12 day of March, 1991 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection . An explanation of the purpose and effect of the By-law, describing lands to which the By-law applies and key maps showing the location of the lands to which the By-law applies are attached . The complete By-law is available for inspection in my office during regular office hours . Dated at the Village of Port Burwell t .s 20 day of February, 1991 - & AVIVAI O /rA 4,r °r . James Timlin Clerk-Treasurer Village of Port Burwell P.O . Box 10 Port Burwell , Ontario NOJ 1T0 ANIL a#.T.WO. a. e Ira,eimr.d Ile THE CORPORATION OF TEE VILLAGE OF PORT BURWELL RESTRICTED AREA (ZONING) BY-LAN NO. 91-03 Prepared for Village of Port Burwell Prepared by INC Consulting Group Inc. February 12, 1991 PURPOSE AND EFFECT BY-LAW NO. 91-03 VILLAGE OF PORT BURWELL By-law No. 91-03 is a new Comprehensive Zoning By-law for the Village of Port Burwell . The By-law regulates the use of all land (including residential , multi-family residential , mobile home residential , park, commercial , industrial , institutional , open space, and hazard land) , buildings and structures in the Village of Port Burwell . It authorizes the uses set out in the text and prohibits any use of land or the construction or use of buildings not specifically authorized, unless such use was lawfully in existence on the day the By-law was passed. Applications to change or amend the By-law may be made at any time. All such amendments, however, must be in conformity with the Port Burwell Official Plan and must receive approval from the Council . All measurements in the By-law are in metric units. A conversion table is provided at the back of the By-law to assist in converting the metric measurements to Imperial measurements . The following is a brief summary of the provisions of the By-law. SECTION 1 of the By-law establishes , among other matters, that the By-law applies to all lands in the Village of Port Burwell and that no land shall be used and no buildings or structures shall be used, erected, altered, or enlarged except in conformity with the By-law. It also establishes that the By-law shall come into full force and effect as of the date of its passing by the Council . SECTION 2 defines a number of terms used in the By-law. SECTION 3 establishes that the Zone Map comprising Schedule "A" is part of the By-law, and that the Zone Map is divided into a number of zones. Section 3 also provides information in respect to the interpretation of Zone boundaries. i / - SECTION 4 establishes general provisions that apply to more than one Zone in the By-law. These general provisions cover such matters as accessory uses, corner lot sight restrictions, lots having less than the required frontage or area , non-conforming uses, mobile homes, off-street parking, home occupations and street frontage of building lots. SECTIONS 5 through 17 INCLUSIVE set out the specific Land Use Zones of the By-law. There is a total of thirteen ( 13 ) specific zones and these include: five ( 5) residential zones, three ( 3 ) commercial zones and Industrial , Institutional , Open Space, Hazard Land and Proposed Development zones. For each zone, there is a listing of permitted uses and a number of standards, including minimum lot size, minimum lot frontage , maximum lot coverage, maximum height and minimum front, side and rear yards . ii [ - • TABLE OF CONTENTS SECTION PAGE 1 . INTERPRETATION AND ADMINISTRATION 1 2 . DEFINITIONS 6 3 . ZONES AND ZONING MAP 36 4 . GENERAL PROVISIONS 39 5. RESIDENTIAL ZONE 1 (R1 ) REGULATIONS 61 6 . RESIDENTIAL ZONE 2 (R2 ) REGULATIONS 63 7 . MULTI-FAMILY RESIDENTIAL ZONE 3 (R3 ) REGULATIONS 65 8. MOBILE HOME RESIDENTIAL ZONE 4 (R4) REGULATIONS 68 9. RESORT RESIDENTIAL ZONE (RC) REGULATIONS 70 10. GENERAL COMMERCIAL ZONE (C1 ) REGULATIONS 73 11 . TOURIST COMMERCIAL ZONE (C2 ) REGULATIONS 77 12 . DOWNTOWN COMMERCIAL ZONE (C3 ) REGULATIONS 82 13 . INDUSTRIAL ZONE (M) REGULATIONS 85 14 . INSTITUTIONAL ZONE ( I ) REGULATIONS 90 15 . OPEN SPACE ZONE (OS) REGULATIONS 93 16 . HAZARD LAND ZONE (HL) REGULATIONS 95 iii TABLE OF CONTENTS (CONT'D) SECTION PAGE 17 . PROPOSED DEVELOPMENT ZONE (PD) REGULATIONS 96 CONVERSION TABLE 98 SCHEDULE "A" ZONING iv SCHEDULE 1 BY-LAW 91-03 A By-law to regulate the use of land, character, location 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 necessary in the public interest to pass a Restricted Area By-law in order to regulate the use of land and the erection and use of buildings and structures; AND WHEREAS authority is granted under Section 34 of the Planning Act, 1983 to pass this By-law. NOW THEREFORE the Council of The Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: SECTION 1 - INTERPRETATION AND ADMINISTRATION 1 . 1 TITLE This By-law shall be known as the "Restricted Area (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 Municipality as now or hereafter are legally constituted. 1 . 3 SCOPE No lands shall be used and no buildings or structures 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. 1 1 . 4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By- law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience and general welfare of the inhabitants of the Municipality. 1 . 5 MEANING OF USE Unless the context otherwise requires, the expressions "use" or "to use" in this By-law include anything done or permitted by the owner or occupant of any land or building, directly or indirectly, or by or through any trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land or building. 1 . 6 MEANING OF SHALL In this By-law, the word "shall" shall always be construed as mandatory. 1 . 7 NUMBER AND GENDER In this By-law, unless the contrary intention appears, 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 Clerk and/or such other person or persons as the Council of the Village of Port Burwell designates. 2 1 . 9 INSPECTION OF PREMISES The Building Inspector, or any other person acting under the direction of Council , may, at any reasonable hour, enter and inspect a property or premises where there is reason to believe that any land has been used or any building or structure has been erected, altered or enlarged or used in violation of any of the provisions of this By-law. 1 . 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 metric units of measure, showing the true dimensions of the lot proposed to be built upon or otherwise developed, the proposed location, grade or height and dimensions of the building or work in respect of which the permit is applied for and the location on such lot of every existing building, together with a statement, signed by the owner, disclosing the exact use proposed for each building aforesaid and give all information necessary to determine whether or not such building and the proposed use thereof conform with the requirements of this By-law. 1 . 11 LICENCES AND PERMITS No municipal permit, certificate or licence shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlarge- ment or use of any building or structure that is in violation of any provisions of this By-law. 3 1 . 12 BUILDING TO BE MOVED 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 Clerk and/or such other person or persons, as the Council of the Village of Port Burwell designates. 1 . 13 REMEDIES Where any building is or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer, or of the Council of the Municipality pursuant to the provisions of the Planning Act, 1983 , as amended from time to time. 1 . 14 REPEAL OF EXISTING BY-LAWS All previous by-laws passed by the Municipality under Section 34 of the Planning Act, 1983 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 . 15 APPLICATION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any By-law of the Municipality in force from time to time or the obligation to obtain any licence, permit, authority or approval required under any By-law of the Municipality. 4 I 1 . 16 VALIDITY - Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 5 1 . 12 BUILDING TO BE MOVED 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 Clerk and/or such other person or persons, as the Council of the Village of Port Burwell designates. 1 .13 REMEDIES Where any building is or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer, or of the Council of the Municipality pursuant to the provisions of the Planning Act, 1983 , as amended from time to time. 1 . 14 REPEAL OF EXISTING BY-LAWS All previous by-laws passed by the Municipality under Section 34 of the Planning Act, 1983 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 .15 APPLICATION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any By-law of the Municipality in force from time to time or the obligation to obtain any licence, permit, authority or approval required under any By-law of the Municipality. 4 +S 1 . 16 VALIDITY Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 5 It- ,.. s. „. . ,:, ,,7, AW SECTION 2 - DEFINITIONS For the purposes of this By-law, the definitions and interpretations given herein shall govern. Those terms used in this By-law and not specifically defined below, shall be defined by the most current edition of Webster's Dictionary. 2 . 1 ACCESSORY , when used to describe a use, building or structure, shall mean a use, a building or a structure that is normally incidental , subordinate and exclusively devoted to a main use, building or structure and that is located on the same lot therewith and includes a private detached garage and a dock. 2 . 2 AGRICULTURAL USE, shall mean the cultivation of land, the production of crops and the selling of such product on the premises, and the breeding, raising and care of livestock and the selling of such livestock or the product of such livestock raised on the premises and, without limiting the generality of the foregoing, includes animal husbandry and the raising and harvesting of field, bush or tree crops, truck gardening, nurseries and greenhouses. 2 . 3 ALTER, when used in reference to a building or structure or part thereof, shall mean to change the use or the 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 to 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 alienation of any portion of said lot or otherwise. 6 2 . 4 APARTMENT BUILDING, shall mean a building that contains four (4 ) or more dwelling units which units have one or more common entrances from street level and are served by a common corridor and the occupants of which units have the right to use in common the corridors, stairs, elevators, yards or one or more of them. 2.5 ASSEMBLY HALL, shall mean a building or part thereof in which facilities are provided for such purposes as meet- ings for civic, educational , political , recreational , religious or social purposes and, without limiting the generality of the foregoing, may include such facilities as a banquet hall or private club. 2 .6 ATTACHED, shall mean a building otherwise complete in itself, which depends for structural support or complete enclosure, upon a division wall or roof shared in common with an adjacent building or buildings. 2 . 7 AUTOMOBILE BODY REPAIR SHOP, shall mean a building or structure used primarily for making repairs or alterations to the body or paint work of any vehicle. 2 . 8 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 . 9 AUTOMOBILE SERVICE STATION or SERVICE STATION, shall mean a building or part of a building or a clearly defined space on a lot used primarily for the retail sale of lubricating oils, gasoline, diesel fuel and propane for motor vehicles and may include the sale of automobile accessories and the servicing and repairing essential to the operation of motor• vehicles. 7 2 . 10 BASEMENT, shall mean that portion of a building between two ( 2) floor levels which is partly underground, but has one-half or more of its height from finished floor to finished ceiling above adjacent finished grade. 2. 11 HED AND BREAKFAST LODGING, shall mean a dwelling unit or part of a dwelling unit used for the purpose of catering to the needs of the travelling public, by supplying food and furnishing sleeping accommodations. 2 . 12 BOARDING HOUSE, ROOMING HOUSE or TOURIST HOME, shall mean a building or portion thereof in which the proprietor supplies to other persons for hire or gain, lodging, meals or both, but shall not include a hotel , motel , hospital , group home, crisis residence, institution or restaurant accommodating the general public. 2 . 13 BOATHOUSE, shall mean a structure constructed for the purpose of storing boats and accessories but it shall not include a dwelling. 2 . 14 BUFFER STRIP, shall mean an area of land used for no other purpose than for the erection of a fence or the planting and maintaining of a continuous row of natural evergreens or a continuous unpierced hedgerow of natural shrubs and the remainder of which is to be used for landscaping. 2. 15 BUILDING, shall include any structure whether temporary or permanent, used or intended for sheltering any use or occupancy, but shall not include a boundary wall or fence. 2. 16 BUILDING AREA, shall mean an area within, which permitted buildings or other structures may be erected, used and maintained and shall be calculated by deducting all appro- priate yard areas and setbacks from the gross lot area. 2 . 17 BUILDING BY-LAW, shall mean any building by-law within the meaning of the Planning Act, 1983 . 8 2 . 18 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. 19 BUILDING LINE, shall mean a line within a lot drawn parallel to a lot line; it establishes the minimum distance between the lot line and any building or structure which may be erected. Where the lot line is a curve, the 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 (2) points on a curve. 2 . 20 BUILDING LINE, ESTABLISHED, a building line shall be considered to be established between existing buildings where at least five main buildings have been erected on any one side of a continuous 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 . 21 BULK SALES ESTABLISHMENT, shall mean the use of land for the purpose of storing, buying and selling coal , fuel oil , propane, wood, lumber, building materials, ice and allied chemicals , but does not include any manufacturing, assembling or processing uses. 2 . 22 CAMPGROUND, shall mean a use consisting of at least five ( 5) camping sites, licensed under the provisions of the Municipal Act, R.S.O. , 1983 and comprising land used or maintained for seasonal recreational activity as grounds for the camping or parking of a tent, motor home, travel trailer, or truck camper, but not a mobile home. 2 . 23 CARPORT, shall have the meaning attributed to it in the definition of GARAGE PRIVATE or CARPORT. 9 +.�..� ter......_ . .... _,. ti; 2. 24 CELLAR, shall mean that portion of a building between two ( 2) 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. 2. 25 CHURCH or PLACE OF WORSHIP, shall mean a building dedicated to religious worship and may include, but is not limited to, a church hall , church auditorium, Sunday school , parish hall, church day nursery, synagogue and temple. 2.26 CLINIC, shall mean a building or structure that is used or intended for use by one or more physicians, dentists , chiropractors and/or drugless practitioners or any one or more of them, as well as their staff and patients , for the purpose of consultation, diagnosis and office treatment. 2. 27 COMMERCIAL USE, shall mean the use of land or buildings for the purposes of buying and/or selling and/or leasing commodities and supplying services. 2.28 COMMUNITY CENTRE, shall mean a building used primarily for community activities and occasionally for commercial pur- poses (not more than an average of once per week) , the control of which is vested in the Municipality, a local board or trustees. 2.29 COVERAGE, shall mean the combined area of all buildings or structures on the lot measured at the level of the lowest storey above grade, including all porches and verandas open or covered, but excluding open, unenclosed terraces at grade, steps, cornices, eaves, bay windows, chimney breasts, corbelling and similar projections open parking areas and outdoor swimming pools. 2 . 30 CRISIS RESIDENCE, shall mean a use which is licensed or funded by the Province of Ontario for the short-term (averaging 30 days or less) accommodation of three ( 3 ) to ten (10) persons, exclusive of staff, living under 10 supervision in a single housekeeping unit and who by reason of their emotional , developmental , social or physical condition or legal status, require a group living arrangement for their well-being. 2. 31 POCK, shall mean a structure on land or in the water to be used for transferring goods or passengers to or from a boat or airplane. 2 . 32 DWELLING, shall mean a building, or part of a building, occupied or capable of being occupied, in whole or in part, exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses, rooming houses, motels, group homes or crisis residences. 2 . 33 DWELLING. BLOCK TOWNHOUSE, shall mean a townhouse dwelling that is part of a condominium, co-operative or rental project with a private internal traffic circulation system or direct access from a public street. 2 . 34 DWELLING, CONVERTED, shall mean a dwelling originally designed as a single family dwelling unit, which because of size or design, is or can be converted by partition and the addition of sanitary facilities and cooking facilities into more than one dwelling unit. 2 . 35 DWELLING. DUPLEX, shall mean a building that is divided horizontally into two (2) separate dwelling units each of which has an independent entrance either directly or through a common vestibule. 2. 36 DWELLING, DOUBLE DUPLEX, shall mean two (2) attached duplex dwellings. 11 supervision in a single housekeeping unit and who by reason of their emotional , developmental , social or physical condition or legal status, require a group living arrangement for their well-being. 2 . 31 POCK, shall mean a structure on land or in the water to be used for transferring goods or passengers to or from a boat or airplane. 2 . 32 DWELLING, shall mean a building, or part of a building, occupied or capable of being occupied, in whole or in part, exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses , rooming houses, motels, group homes or crisis residences. 2 . 33 DWELLING, BLOCK TOWNHOUSE, shall mean a townhouse dwelling that is part of a condominium, co-operative or rental project with a private internal traffic circulation system or direct access from a public street. 2 . 34 DWELLING, CONVERTED, shall mean a dwelling originally designed as a single family dwelling unit, which because of size or design, is or can be converted by partition and the addition of sanitary facilities and cooking facilities into more than one dwelling unit. 2 . 35 DWELLING, DUPLEX, shall mean a building that is divided horizontally into two ( 2) separate dwelling units each of which has an independent entrance either directly or through a common vestibule. 2 . 36 DWELLING, DOUBLE DUPLEX, shall mean two (2) attached duplex dwellings . 11 2. 37 DWELLING. MODULAR, shall mean a prefabricated single detached dwelling transported to the building site in two ( 2) or more parts which are joined and placed on a permanent wooden, concrete or mortared concrete block foundation and being so constructed or• assembled that the shortest side of such dwelling is not less than 6.0 metres in width. 2 . 38 DWELLING, MULTIPLE, shall mean the whole of a dwelling used, designed or intended to be used for occupancy as three ( 3 ) or more separate dwelling units. This definition shall not include any dwelling or building otherwise defined or specifically named elsewhere in this By-law. 2 . 39 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. 2.40 DWELLING. SEMI-DETACHED, shall mean a building that is divided vertically into two dwelling units each of which has an independent entrance whether directly or through a common vestibule and which has no direct access between the two (2) units. 2 . 41 DWELLING, SINGLE DETACHED, shall mean a building used, designed or intended to be used for occupancy as a single dwelling unit. This definition shall not include a mobile home, as defined herein. 2 .42 DWELLING. STACKED TOWNHOUSE, shall mean a townhouse dwelling with dwelling units also divided horizontally, each of which has an independent access from the outside ground level or through a common entrance hall . 12 2.43 DWELLING, TOWNHOUSE or ROWHOUSE, shall mean a building containing three ( 3 ) or more attached dwelling units with a common masonry wall dividing each of the -abutting dwell- ing units vertically and each of which has an independent entrance from the outside. 2 ..44 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. 2.45 DWELLING, TWO FAMILY, shall mean a building used, designed or intended to be used for occupancy as two ( 2) independent dwelling units and includes a duplex dwelling or semi-detached dwelling. 2 .46 DWELLING UNIT, shall mean one or a suite of two ( 2) or more habitable rooms occupied or designed to be occupied by an individual or family as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such individual or family, with a private entrance from outside the building or from a common hallway or stairway inside the building. 2.47 DWELLING UNIT, BACHELOR, shall mean a dwelling unit con- sisting of one (1 ) bathroom and not more than one ( 1 ) habitable room, providing therein living, dining, sleeping and kitchen accommodation. 2 . 48 EASEMENT, shall have the meaning attributed to it in the definition of RIGHT-OF-WAY or EASEMENT. 13 2 . 49 EATING ESTABLISHMENT, shall mean a building or part of a building where food is offered for sale or sold to the public for consumption, and includes such uses as a restaurant, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar, refreshment room or stand, drive-in eating establishment, or take-out eating establishment; but does not include a boarding house. 2 . 50 ERECT, shall mean to do anything, including the erection, building , construction, reconstruction, installation, enlargement, extension or material alteration or repair of a building or structure and shall include the relocation of a building or structure, the installation of a building unit fabricated or removed from elsewhere and the demolition or removal of a building or any part thereof. "Erected" and "erection" shall have corresponding meanings. 2 . 51 EXISTING, shall mean existing as of the date of the final passing of this By-law. 2 . 52 FAMILY, shall mean an individual , or group of persons who occupy a dwelling unit and who live together as a single housekeeping unit and which may include not more than two (2) persons who receive their lodging, board or both or other domestic services for compensation. 2 . 53 Fes, 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. 14 2 . 54 FLOOR AREA, shall mean the sum of the areas of all of the floors of a building or structure measured from the outside of all outside walls, exclusive of any attached accessory building, terrace, veranda, unfinished attic, basement, cellar, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. 2. 55 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, veranda, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. 2 . 56 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a building designed for the storage of 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 accessory building. 2 . 57 GARAGE, PUBLIC or SERVICE STATION, shall mean a building or structure which is used for the repair or storage of motor vehicles for remuneration. It may include an auto- mobile body repair shop and may include a gas bar. 2 . 58 GAS BAR, shall mean a lot containing gasoline, diesel fuel or propane dispensing devices and a structure used for the sale of fuel and lubricants for vehicles. 2 . 59 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. 2.60 GRADE, shall mean the average level of finished ground adjoining a building at all exterior walls. 15 2 .61 GROUP HOME, shall mean a single housekeeping unit in a residential dwelling in which three to ten persons, excluding supervisory staff and the receiving family, live as a family under responsible supervision consistent with the particular requirements of its residents. The home shall be in compliance with Municipal by-laws and shall be licensed and/or approved for funding under Provincial statutes as one of the following: a) Accommodation Services for the Developmentally Hand- icapped, as defined in the Homes for Retarded Persons Act, R.S.O. 1980, c. 201 , R.R.O. 500 , as amended and the Developmental Services Act, R.S.O. 1980 , c. 118 , R.R.O. 242, as amended; b) Satellite Residences for Seniors, as defined in the Homes for the Aged and Rest Homes Act, R.S.O. 1980, c. 203 , R.R.O. 502 , as amended; c) Children's Residences, as defined in the Children's Residences Services Act , R. S.O. 1980, c. 71 , R.R.O. 101 , as amended; d) Homes for Special Care - Residential , as defined in the Homes for Special Care Act, R.S.O. 1980, c. 202 , R.R.O. 501 , as amended; e) Supportive Housing Programs: Adult Community Mental Health Program, as defined in the Ministry of Health Act, R.S.O. 1980, c. 280, R.R.O. 661 , as amended; and f) Approved Homes, as defined in the Mental Hospitals Act, R.S.O. 1980, c.263 , R.R.O. 611 , as amended. 2 . 62 HAZARD LAND, shall mean land which exhibits, or potentially exhibits, a hazardous condition as a result of its susceptibility to flooding, erosion, subsidence, inundation, or the presence of organic soils or steep 16 slopes , the cost of construction of satisfactory waterworks, sewage or drainage facilities is prohibitive. 2 .63 HEIGHT, when used with reference to a building or structure shall mean the vertical distance in metres between the horizontal plane through the established grade and a horizontal plane through: a) the highest point of the roof assembly in the case of a building with a flat or deck roof; b) the average level of a one slope roof, provided that a roof having a slope of less than 20 degrees with the horizontal shall be considered a flat roof; c) the deck roof line, in the case of a mansard roof; and d) the average level between eaves and ridges in the case of a roof type not mentioned in subsections a) , b) and c) immediately preceding. 2 .64 HIGHWAY, shall have the same meaning attributed to it in the definition of street. 2. 65 HOME INDUSTRY, means a gainful occupation including an animal hospital , furniture and/or woodworking shop, window frame shop, welding shop, machine shop, automotive service and repair, appliance service and repairs, carpentry business, bait and tackle business, electrical service and repairs , electrician, plasterer, painter or plumber conducted in whole or in part in an accessory building to a single family dwelling by at least one (1) of the residents of the dwelling unit. 17 ILLUSTRATION OF BUILDING HEIGI-IT DEFINITION A [ t� ! H FLAT FRONT ROOF SIDE RIDGE 1/2 1/2_ EAVE H GABLE FRONT v SIDE ROOF RIDGE 1/2Q 1/2', I' MI& H HIP FRONT y SIDE ROOF RIDGE 1/2 v 1/2 �, EAVE H GAMBREL FRONT Y SIDE ROOF RIDGE _ ROOF DECK LINE H MANSARD FRONT v SIDE ROOF RIDGE 1/2 '`., 1/21. A AIM ONE H SLOPE FRONT v SIDE ROOF H - HEIGHT OF BUILDING NOTE: The obove illustration Is for clarification and convenience only and does not form port of this By—Ia.v. 18 2 . 66 HOME OCCUPATION, shall mean the use of a part of a dwelling unit for an occupation which provides gain or support for at least one of the permanent residents of such dwelling unit and which is clearly secondary to the main use of the dwelling unit. The home occupation uses permitted are dressmaking, molding, painting, sculpting, weaving, baking and instruction in arts, crafts, dancing or music. 2 . 67 HOME PROFESSION, shall mean the use of a part of a dwelling unit in which legal , medical , planning, engineering, architectural , accountant, surveyor, dentist, denturist, chiropractor, real estate, hairdressing, barber and manicurists' services are performed by at least one (1) of the permanent residents of such dwelling unit and which is clearly secondary to the main use of the dwelling unit. 2 . 68 HOTEL, shall mean any hotel , tavern, inn, lounge or public house in one ( 1 ) main building or in two ( 2) or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnishing sleeping accommodation of not less than six (6) guest rooms, and shall include all buildings liable to be licensed under the Liquor Licence Act, R.S.O. , 1980 and operating under the Tourist Act, R.S.O. , 1980 , as revised or amended from time to time. 2 . 69 INDUSTRIAL USE, shall mean the use of land, buildings or structures primarily for manufacturing, processing of goods or raw materials, warehousing and bulk storage of goods and repair and servicing of goods, including transportation terminals, but excluding retail sale on the premises, excepting accessory retail uses. 2 . 70 INSTITUTIONAL USE, shall mean the use of land, buildings or other structures for some public or social purposes and may include governmental , religious , educational , charitable, philanthropic, hospital or other similar uses. 19 • 2.71 KENNEL. ANIMAL, shall mean any lot, building or structure on or within which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment, but does not include a veterinary clinic or animal hospital . 2.72 LANE, shall mean a public thoroughfare or way, not more than 9.0 metres wide, which affords only a secondary means of access to abutting lots. 2.73 LANDSCAPED AREA, shall mean an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation and appurtenances, but does not include parking areas, parking lots, driveways or ramps. 2.74 LOADING SPACE, shall mean a space or bay located on a lot which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods , merchandise or materials used in connection with the main use of the lot or any building thereon, and which has unobstructed access to a street or lane. 2. 75 LOT, shall mean a parcel or tract of land which is capable of being legally conveyed in accordance with the provisions of the Planning Act, 1983 , as amended or revised from time to time. 2.76 LOT AREA, shall be the total horizontal area within the lot lines of a lot. 20 ILLUSTRATION OF LOT DEFINITIONS 7.\ Mid-point of LOT DEPTH front lot line Front and rear lot f"ylines are not parallel point of Apes of rear lot line triangle \ formed by Mid-point of ----•-•f„ the side front lot line \ lot lines i 11\ Distance specified %.0%. Mid-point h the By-low peronD�n i Jot fline do (41 Side lot line I DEPTH Lot frontage measured on a line No rear lot Ilne perpendicular to the line joining the mid-point front lot line to \ apex of triangle formed by [LOT the side fol Ilne Front Lot Line > LOT FRONTAGE > No rear lot line I —C Lot Depth) , THROUGH LOT ' I I -Rear Lot Line Lot frontage measured on INTERIOR INTERIOR line perpendicular to line i line qmid-points of front I LOT LOT LOT DEPTH and rear lot lines Front and rear lot Front ' CORNER CORNER lines ore parallel lot line Side ..I LOT LOT lot line l _ �, Mid-point — ..— 0,,p of front fib tiell lot line Mid-point of (O rear lot line Side \l rear lot line I Distance specified In By-law Front LOT FRONTAGE Lot frontage lot line Side Lot lines are not parallel lot Tangents to 4t line Istreet lines 135' LOT CORNER J drown through Maximum eslremilies of Corner lot, straight sides 135: , Interior lot line LOT CORNER Corner Corner lot, curved sides NOTE: The above illustration Is for clorificotion and convenience only and does not form port of this By-law. 21 2 . 77 T.OT, CORNER, shall mean a lot situated at the intersection of, or abutting upon, two (2) or more streets, provided that the angle of intersection of such streets is not more than 135 degrees and each of which is at least 10.0 metres wide. Where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines. 2.78 J.OT DEPTH, shall mean the horizontal distance between the midpoints of the front and rear lot lines. Where there is no rear lot line, lot depth means the horizontal distance between the midpoint of the front lot line and the apex of the triangle formed by the side lot lines. 2 .79 LOT FRONTAGE, shall mean the horizontal distance between the side lot lines of a lot measured at right angles; where the side lot lines are not parallel , the lot frontage shall be measured perpendicularly to the line joining the midpoint of the front and the midpoint of the rear lot lines or apex of the triangle formed by the side lot lines at a point back from the front lot line which is equal to the depth of the required front yard in that Zone; where the side lot lines are curved, the lot frontage shall be measured along the line between the interior side lot line and the intersection of the tangents to the street lines , drawn through the extremities of the front lot line and exterior side lot line. 2 .80 LOT, INTERIOR, shall mean a lot other than a corner lot which is situated between adjacent lots and has access to one street. 22 2 .81 LOT LINES, shall mean the boundary lines of a lot defined as follows: (a) Front Lot Line shall mean: (i ) in the case of an interior lot, the lot line dividing the lot from the street; (ii ) in the case of a corner lot, the shorter lot line abutting the street, unless each lot line is of equal length in which case the front lot line shall be the lot line from which the principal access to the lot is provided; (iii) in the case of a through lot, the front lot line shall be the lot line where the principal access to the lot is provided; (iv) in the case of a lot fronting on a navigable waterway, whether access is gained to the lot from a public street or not, the front lot line shall be the lot line closest to or adjacent to the navigable waterway. Such line shall be determined by joining the points of intersection of the side lot lines and the high water mark or the landward side of the shoreline reserve. (b) Rear Lot Line shall mean the lot line farthest from and opposite to the front lot line. (c) Side Lot Line shall mean a lot line other than a front or rear lot line. 2.82 LOT. THROUGH, shall mean a lot bounded on two ( 2 ) opposite sides by streets each of which is at least 10 .0 metres wide, provided, however, that if any lot qualifies as 23 being both a corner lot and a through lot, such lot shall be conclusively deemed to be a corner lot. 2 . 83 MAIN BUILDING, shall mean the building or structure in which is conducted the principal use for which the lot is used. 2.84 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. 2.85 MOBILE HOME, shall mean a building or structure 18.0 metres in length or longer, with floor area in excess of 65.0 square metres, but not greater than" 98 square metres that is designed to be made mobile, either on its own wheels, on a flatbed, in or on other trailers or on detachable wheels and that is constructed, fabricated or manufactured so as to be transported thereafter and so as to provide a permanent residence or dwelling unit for one (1 ) or more persons, except to the extent of minor and incidental unpacking and assembly operations, placement on a stand or connection to utilities, but does not include a travel trailer or tent trailer or trailer otherwise designed. 2.86 MODULAR HOME. DOUBLE WIDE OR TWIN-WIDE, shall have the meaning attributed to it in the definition of DWELLING, MODULAR. 2.87 MOBILE HOME PARK, shall mean a lot or part of a lot which is designed, used or intended for use for the placement of mobile homes, and which consists of a group of not less than ten (10) mobile home sites which are connected to a public water supply and public sanitary sewer and shall include any building, structure or use permitted thereon by this By-law. 24 2 .88 MOBILE HOME SITE, shall mean a parcel of land within a mobile home park which is serviced and intended for the placement of one ( 1 ) mobile home. 2.89 MOBILE HOME SUBDIVISION, shall mean a parcel of land which has been planned and approved in accordance with Section 50 of the Planning Act, 1983 for the placement of mobile homes, and which consists of individually serviced lots, and shall include any building, structure or use permitted thereon by this By-law. 2.90 MOTEL, shall mean one building, or two (2) or more detached buildings, used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation with or without supplying food and shall include a motor court, auto court and all buildings liable to be licensed under the Liquor Licence Act, R.S.O. , 1980, as amended from time to time. 2.91 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. 92 MOTOR VEHICLE, shall mean a wheeled self-propelling vehicle for the transportation of passengers and goods, without limiting the generality of the foregoing, includes automobiles, trucks, buses ambulances hearses, motor homes and tractors. 2.93 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. 25 • 2.94 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. 2.95 MUNICIPALITY, shall mean The Corporation of the Village of Port Burwell . 2 .96 NON-COMPLYING, shall mean a use, building or structure which is existing but does not meet, comply or agree with the regulations of this By-law, but is a permitted use, building or structure within the zone in which it is located. 2.97 NON-CONFORMING, shall mean a use, building or structure which is existing but which is not permitted in the zone in which it is located. 2 .98 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. 2.99 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. 2.100 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary bass. 26 2. 101 C)FFICE. GENERAL, shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, labour, or fraternal organization, but excludes such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. 2.102 OFFICE PROFESSIONAL, shall mean any office used by professionally qualified persons, for the purposes of giving advice, consultation or treatment to clients or patients. 2.103 OIL, shall mean crude oil , and includes any hydrocarbon that can be recovered in liquid form from a pool through a well . 2. 104 OPEN STORAGE, shall mean the storage of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to the air on one (1 ) or more sides. 2. 105 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. 106 OWNER, shall mean the person who holds legal title to a parcel of land. 2. 107 PARK. PUBLIC, shall mean a park controlled or owned by the Municipality or a public authority and which is normally open to the public. 2. 108 PARKING LOT or PARKING AREA, shall mean an area for the parking of vehicles and may include aisles, parking spaces and related entrance and exit lanes, but shall not include any part of a street. 27 2. 109 PPRKING SPACE, shall mean an area 2. 7 metres by 6.0 metres enclosed in a building, or unenclosed, and set aside for the temporary storage of a vehicle. 2.110 PARK 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. 111 PERMITTED, shall mean permitted by this By-law. 2.112 PERSON, shall include an individual , an association, a firm, a partnership or a corporation. 2. 113 PIT, shall mean a place where unconsolidated gravel , stone, sand, earth, clay, fill , mineral or other material is being or has been removed by means of an open excavation, and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing, and other similar operations, together with required buildings and structures. 2.114 PUBLIC AUTHORITY, shall mean any Federal or Provincial agency, school board, public utility commission, transportation commission, public library board, board of parks management, board of health, board of commissions of police, planning advisory committee or other board or commission or committee or 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 the Municipality or any portion thereof and includes any committee or local authority established by By-law of the Municipality. 2. 115 PUBLIC SERVICES, shall mean the buildings, structures and other related works necessary for supplying water, gas, oil , electricity, steam, hot water, telephone services, telecommunication services , sewage collection and 28 treatment facilities and other services provided by a public authority. 2 . 116 QUARRY , shall mean a place where consolidated rock has been or is being removed by means of an open excavation, and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing, and other similar operations, required buildings and structures. 2 . 117 RESIDENTIAL USE, shall mean the use of a building or structure or parts thereof as a dwelling. 2. 118 RESTAURANT, shall mean an establishment or part thereof that is engaged in providing refreshments or meals to order for consumption on the premises within a building and which may include table service on an accessory exterior, patio, walk, deck or veranda. A restaurant may serve alcoholic beverages if licensed under the Liquor Control Act. A restaurant includes such uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, or coffee shop. A restaurant does not include a drive-in eating establishment, snack bar or refreshment stand. A take-out eating establishment may be established as an accessory use to a restaurant. 2 . 119 RETAIL OR SERVICE STORE, shall mean a building or part of a building where goods, wares , merchandise, articles or things are offered or kept for sale at retail and/or for lease and includes storage on or about the store premises. A retail or service store shall not include businesses engaged in manufacturing on the premises , unless such manufacturing is accessory to the retail business, does not exceed 50 percent of the net floor area, and the products manufactured are primarily for sale at retail on the premises. 29 2. 120 RIGHT-OF-WAY or EASEMENT, shall mean any right, liberty or • privilege in, over, along or under land which a person may have with respect to any land in the Municipality. 2. 121 ROAD, shall have the meaning attributed to it in the definition of STREET. HIGHWAY OR ROAD. 2.122 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. 123 SCHOOL, shall mean any school established and maintained by the Elgin County Board of Education or the Elgin County Roman Catholic Separate School Board. 2 . 124 SCHOOL, PRIVATE, shall mean an educational or training establishment which is not under the jurisdiction of a Board, as defined by the Education Act, as amended from time to time. 2 . 125 SENIOR CITIZEN HOME, shall mean a building which provides accommodations designed, intended and/or used for persons sixty (60) years of age or over. 2 . 126 SERVICE SHOP, shall mean any building or part thereof where appliances and machinery are sold, serviced, or repaired and includes building trades establishments but excludes any manufacturing, processing or wholesaling. 2 . 127 SETBACK, shall mean the horizontal distance between the nearest part of any main wall of any building or structure and the centre line of a street allowance measured at right angles to such centre line. 2 . 128 SETBACK FROM WATER, shall mean the horizontal distance between the normal or controlled high water mark of any 30 1 navigable waterway and the nearest part of any main wall of any building or structure. 2.129 SHOPPING CENTRE, shall mean a building or group of build- ings, planned, designed, developed or managed as a unit, having off-street parking provided on the same lot and which building or buildings contain three ( 3 ) or more retail stores, services and offices. 2.130 STOREY, shall mean that portion of a building: (a) which is situated between the surface of any floor and the surface of the floor next above it and if there is no floor above it, that portion between the surface of any floor and the ceiling above it; (b) which is more than 50 percent above the average finished grade; and (c) which has a height of not less than 2 .0 metres and includes an attic having not less than 2.0 metres headroom for at least 50 percent of the attic floor area. 2 . 131 STOREY, FIRST, shall mean the lowest storey of a building whereby more than 50 percent of the storey is above finished grade. 2 . 132 STOREY, HALF, shall mean the portion of a building located wholly or partly within a sloping roof, having side walls not less than 1.0 metre in height and the ceiling with a minimum height of 2 . 3 metres over an area equal to at least 50 percent of the area of the floor next below. 2. 133 STREET, HIGHWAY OR ROAD, shall mean a street, road or highway under the jurisdiction of the Municipality or the Province of Ontario, but shall not include a lane or private right-of-way. 31 2 . 134 STREET LINE, shall mean the boundary between a street, road or highway and a lot. 2. 135 STRUCTURE, shall mean anything that is erected, built or constructed of parts joined together and which is fixed to or supported by the soil but not a terrace, patio, sign, boundary wall, fence, clothes pole, or parking area or lot but shall include a parking structure or garage. 2 . 136 TAVERN, shall mean a building where alcoholic beverages are sold to be consumed on the premises and shall include all such buildings operating or liable to be licensed under the Liquor Licence Act, R.S.O. , 1980, as amended from time to time. 2. 137 TOURIST COMMERCIAL, shall mean a use or establishment which provides goods, lodging or meals to the vacationing public. 2.138 TRAILER, shall mean a 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 and includes a vehicle capable of being used for the temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. This definition shall not include a mobile home, as defined herein. 2.139 TRAVEL TRAILER LOT, means a parcel of land intended to be used by no more than one (1) travel trailer. 2.140 TRAVEL TRAILER PARK, means a parcel of land under single ownership which provides accommodation for travel trailers. 2.141 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. 32 .:;:-�::i5 :;:': }`�CFr,.} y.. . �... •y;.;•.. .:.��::Y%�i.jtt �.-� Y ?. :.+F:r:= r'::+,:= ;:•:;•y rar13; -,..?,�:. y�y;'t • • 2 . 142 USE, when used as a noun, shall mean the purpose for which any land, building or structure is designed, used or intended to be used. 2 . 143 USE, CONTINUOUS, in the context of Section 4 . 7 - NON- CONFORMING USES, shall mean the continuous use of any lot, building or structure notwithstanding a change of ownership of the property where the use is located. Use shall further be deemed to be continuous if, after having ceased, the same use recommences within a period of one (1) year from the date of cessation and/or if a structure is destroyed or damaged, it is rebuilt or repaired for the same use within a period of one (1) year from the date of its destruction or damage. 2 . 144 VEHICLE, includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, motorized snow vehicle and any vehicle drawn, propelled or driven by any kind of power. 2 . 145 WATER SUPPLY SYSTEM, MUNICIPAL, shall mean a publicly- owned and operated system whereby water is piped to more than one (1) dwelling unit, or to more than one ( 1 ) commercial use, or to more than one (1 ) institutional use, or combination thereof, situated on separate lots. 2 . 146 WATERFRONTAGE, means the boundary of a lot directly abutting an original shoreline reserve or a front lot line, as defined by Section 2.81 (a) . 33 2.147 YARD, shall mean a space located on the same lot as the lain building or structure and which space is open, unoccupied and unobstructed from the ground to the sky except as otherwise permitted by this By-law. In determining yard measurements, the minimum horizontal distance between the main building or structure and the respective lot lines measured perpendicular from the lot line shall be used: (a) Front Yard shall mean a yard extending across the full width of a lot between the front lot line and the nearest main wall of the main building or structure on the lot; and (b) Rear Yard shall mean a yard extending across the full width of a lot between the rear lot line and the nearest main wall of the main building or structure on the lot; and (c) Side Yard shall mean a yard between the side wall of the main building or structure on the lot and the side lot line and extending from the front yard to the rear yard. 34 ILLUSTRATION OF YARD DEFINITIONS 1 »let tI( I 1 ... I ( > 1 . ,.., 1 ,....... I I .(N 101 V[ I I rr v fi fi rf, 1 M0.►f1 au•.10 M3/R11 MM 1611 114111100 s'a J MM.w e.Y ---�r r 1 v— — r-' ' I I I / � .n... I :7% �! �! ! .M .w I w I I r BUILDING I ".7:4f01 rI FIRM, 1 ff "1BUILpING I A I< 041.040 1, I 1 I _ L �.. 1 ,� f T T ,t I MIr 1.O po rm na .r s....41 Mo... e *104.111 I III 1w re / V I1' 'so..rare Ily W / I MiTI 1.041 1e n0..le.W _�_— —_----WORM —WIl------ - NOTE: The above illustrotion is for clarification and convenience only and does not form port of this By—low. .e • 35 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 said Zoning Map shall be divided into the following zones: ZONE SYMBOL Residential Zone 1 R1 Residential Zone 2 R2 Residential Zone 3 R3 Mobile Home Residential Zone R4 Resort Residential Zone RC General Commercial Zone Cl Tourist Commercial Zone C2 Downtown Commercial Zone C3 Industrial Zone M Institutional Zone I Open Space Zone OS Hazard Land Zone HL Proposed Development Zone PD 3 . 2 USE OF ZONE SYMBOLS The symbols listed in Section 3 . 1 shall be used to refer to land, buildings and structures and the uses thereof permitted by this By-law in the said Zones, and wherever in this By-law the word "zone" is used, preceded by any of the said symbols, such zones shall mean any area within the Village of Port Burwell delineated on the Zoning Map and designated thereon by the said symbol. 36 -- �.-_:_ -.> .r-...�;moo. -c-to-:• „ftwilsoxeloxiftw i. - a, • 3 . 1 HOLDING ZONES In any zone which is accompanied by the holding symbol "h", the uses normally permitted by that zone for lands, buildings or structures may only be allowed when the holding symbol is removed by amendment to this By-law or any subsequent holding by-law. Permitted uses, when the holding symbol (h) is applied, are limited to those which existed on the date when the holding by-law was passed. 3 .4 APPLICATION OF REGULATIONS No person shall within any of the zones of the municipality use any land or erect, build, • construct, reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or structure, except in conformity with this By-law for the zone in which such land, building, structure or use is located. 3 . 5 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 Map, the following shall apply: (a) unless otherwise shown, the boundaries of the zones, as shown on the Zoning Map, are the centre lines of the road allowance or lot lines and the projection thereof; (b) where zone boundaries are indicated as approximately following lot lines, shown on a registered plan of subdivision, such lot lines shall be deemed to be the said boundary; (c) where zone boundaries are indicated as approximately parallel to the line of any street and the distance from such street is not indicated, such zone boundaries shall be construed as being parallel to 37 such street and the distance therefrom shall be determined by the use of the scale shown on the Zoning Map; (d) unless otherwise indicated, a street, lane, railroad or railway right-of-way or watercourse included on the Zoning Map, is included within the Zone of the adjoining property on either side thereof; and where such street, lane, right-of-way, or watercourse serves as a boundary between two (2) or more different zones, a line midway in such street, lane, right-of-way or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones, unless specifically indicated otherwise; (e) in the event a dedicated street, lane or right-of-way shown on the Zoning Map is closed, the property formerly in said street, lane or right-of-way shall be included within the zone of the adjoining property on either side of the said closed street, lane or right-of-way, and the zone boundary shall be the former centre line of said closed street, lane or right-of-way; (f) where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the Zoning Map in the Office of the Clerk; and (g) wherever it occurs, the municipal limit of the Village of Port Burwell is the boundary of the zone adjacent to it. 38 - SECTION 4 - GENERAL PROVISIONS 4 . 1 APPLICATION The provisions of this section apply in all zones, except as otherwise indicated. 4. 2 STREET FRONTAGE REQUIRED No person shall erect any building or structure unless the lot upon which such building or structure is to be erected, except as otherwise specifically permitted in this By-law, has lot frontage upon a street which has been assumed by the Municipality, the Province of -Ontario or some other road authority and is maintained by such authority in such a manner so as to permit its use by vehicular traffic, provided that a building or structure may be erected upon a lot within a registered plan of subdivision in accordance with the provisions of a subdivision agreement in respect of such plan of subdivision, notwithstanding that the streets within such plan of subdivision have not been assumed and are not being maintained by the Municipality. 4. 3 STRUCTURES IN WATER No person shall erect, alter or use any structure located in a navigable watercourse, except in compliance with the Beds of Navigable Waters Act, R.S.O. , 1980, the Lakes and Rivers Improvement Act, the Navigable Waters Act or other applicable Act or legislation as amended from time to time. 39 4 . 4 YARD AND OPEN SPACE PROVISION FOR ALL ZONES No part of a yard or other open space required, abutting 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 . 5 TEMPORARY CONSTRUCTION USES The temporary use of buildings and structures incidental and necessary for lawful construction work will be permitted in all zones, but only for so long as the same are necessary for construction work. 4 .6 NON-COMPLYING USES Where an existing building is located on a lot having less than the minimum frontage or area required by this By-law, or having less than the minimum setback, front yard, side yard or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: (a) the use, enlargement, reconstruction, repair or renovation does not further reduce a setback, front yard, side yard or rear yard having less than the minimum required by this By-law; and (b) all other applicable provisions of this By-law are complied with. 4 .7 NON-CONFORMING USES (a) The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the date of final passing of this By-law, 40 providing such use has been continuous since that date, NOR to prevent the erection or use of any building or structure for any purpose prohibited by this By-law, the plans for which have, prior to the date of the passing of the By-law, been approved by the Municipality 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 structure is commenced within one year after the date of the passing of the By-law and such building or structure is completed forthwith after the erection thereof is commenced and provided the permit has not been revoked under the Building Code Act. (b) Where, for any reason, the use of land, building or structure for a use not permitted by this By-law, but which was in existence on the day of the passing of this By-law, has ceased and is not resumed within a 12-month period of the date of ceasing, such non- conforming use shall not be resumed and any future use of the land, building or structure shall be in conformity with the provisions covering the zone in which the land, building or structure is located. 4 .8 EXISTING LOTS An existing vacant lot having less than the minimum frontage, depth or area required by this By-law may be developed for all uses in the appropriate Zone provided all other regulations of this By-law are satisfied: (a) such lots are serviced by public water supply and public sanitary sewer disposal facilities; and 41 . t} . -�-,-..rte-•',� (b) if access is only by an existing, private right of way, development may occur if permission is granted, in writing, for the use of the right-of-way from both the Village and the holder of title of the right-of- way. 4.9 HAZARDOUS AREAS Buildings and structures for uses, permitted by this By- law, are permitted if and only to the extent permitted by the regulations made under the Conservation Authorities Act, R.S.O. , 1980, as amended from time to time. 4 . 10 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 accessory buildings shall be permitted in accordance with Section 4 .26 and those structures listed in the following table shall be permitted to project into the yards indicated for the distances specified: Yard in which Max. Projection projection is from main wall Structure permitted permitted Sills, belt courses, Any yard 0.5 metres cornices, eaves, gutters, chimneys or pilasters Fire escapes and Rear and side 1.5 metres exterior staircases yards only Window bays and awnings Front, rear, exterior 1.0 metre side yards only 42 Balconies Front and rear yards 2 . 0 metres only for all types of dwellings, except apartment buildings; any yard for apart- ment buildings Open, roofed porches Any Yard 2 .5 metres not exceeding one (1) including storey in height; eaves and covered terraces cornices Clothes poles, signs, Any Yard garden trellises, light standards and similar accessories 4 . 11 PERMITTED PUBLIC USES Notwithstanding anything else in this By-law, the provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Province of Ontario, The Corporation of the Village of Port Burwell or by any local board thereof , as defined by the Municipal Act, R.S.O. , 1980 , or as amended from time to time, Ontario Hydro and utility companies , provided that: (a) the lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located are complied with; (b) no goods, material or equipment are stored in the open in a residential zone, or within 60 .0 metres of a residential zone; 43 • (c) any building erected in a residential Zone under the authority of this paragraph is designed and maintained in general harmony with residential buildings of the type permitted in the said residential zone; and (d) any parking and loading regulations are complied with. 4 . 12 MOBILE HOMES PROHIBITED It shall be prohibited to locate and use a mobile home in any zone for the purposes of residential, business, industrial or institutional uses , temporarily or permanently, unless the use of a mobile home for such purposes is listed specifically in this By-law as a permitted use within a particular use zone. 4 . 13 TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN HABITATION (a) Except as expressly permitted by this By-law, no truck, bus, railroad car, caboose, coach or streetcar body shall be used for human habitation, whether the same is mounted on wheels or not. (b) Except as expressly permitted by this By-law, the use of tents and trailers for human habitation is prohibited, provided, however, that this provision shall not prevent the use of tents or trailers for children's play or for picnics or for the occasional accommodation of guests for not more than one (1) week in any Residential Zone. (c) 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. 44 • • 4 . 14 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS No dwelling shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed and sanitary conveniences installed and, where applicable, kitchen and heating facilities have been installed. Any dwelling unit in an apartment building may be occupied provided that all of the above conditions are satisfied, notwithstanding the fact that one (1) or more of the dwelling units have not been completed. 4 .15 PROHIBITED USES It shall be prohibited to use any land or to erect and use any building or other structure in any zone for the purposes of wrecking yards, salvage yards, a waste disposal site and the collection of rags, junk, refuse, or scrap metals, unless such uses are specifically listed as permitted uses within that particular zone. 4 . 16 DANGEROUS USES No land, building or structure shall be used in the Village of Port Burwell for the industrial manufacture or distribution of coal oil , rock oil , fuel oil , burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely to create danger to health or danger from fire or explosion, except as otherwise specifically provided for in this By-law. 45 4 .17 OBNOXIOUS USES Nothing in this By-law shall be construed to permit the use of land for the erection or use of a building or structure for any purpose: (a) that is or is likely to become a nuisance or offensive: ( i) by the creation of noise or vibrations; (ii) by reason of the emission of gas, fumes, dust or objectionable odour; or ( iii) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter or other such material . (b) which, by its nature or by the materials used therein, is declared under the Health Protection and Promotion Act, 1983 , as amended or revised or any regulations thereunder, to be a noxious or offensive trade, business or manufacture. 4. 18 LAND WITHOUT BUILDINgS Where land is used for or in connection with any use, but without any buildings or structures thereon, all yards required by the By-law on a lot in the respective zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such zone. 4. 19 CORNER LOT SIGHT RESTRICTIONS Notwithstanding any other provisions of this By-law, and except in the General Commercial Zone on a corner lot, within the triangular space included between the street 46 lines for a distance of 6.0 metres from the point of intersection, no building or structure including a fence or sign shall be erected and no shrubs or foliage shall be planted or maintained more than 0 .8 metres high which obstruct the view of a driver of a vehicle approaching the intersection. 4. 20 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 6.0 metres to either street line and no portion of any driveway shall be located closer than 9.0 metres to the intersection of the two (2) street lines or their projections. 4.21 SETBACKS ON ALL ROADS Notwithstanding any other provisions of this By-law, a building or structure in any zone on a public road allowance which is less than 20. 0 metres wide, shall be set back 10.0 metres plus the required minimum front yard for that zone measured from the centre line of the road allowance. 4 . 22 SETBACK FROM NON-NAVIGABLE WATERCOURSES AND HAZARD LAND Notwithstanding any other provisions of this By-law, a building in any zone shall not be closer than 7 . 5 metres to the top of the bank of any watercourse, or municipal drainage ditch, permanent or intermittent, which is not navigable. In the case of hazard land, no part of any building shall be constructed closer than 7 . 5 metres to the nearest point of the area to which the hazardous condition is deemed to exist. 47 4 . 23 BUFFER STRIPS (a) A buffer strip shall be used for no other purpose than for the erection of a fence or the planting of a - continuous row of natural evergreens or natural shrubs, immediately adjacent to the lot line or portion thereof along which such buffer strip is required hereunder. The remainder of the strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds or a combination thereof. (b) Where a buffer strip is required in any zone, it shall be of a minimum width as specified in the regulations for that Zone. (c) A buffer strip shall be located within the zone for which it is required. (d) A buffer strip may form part of any required yard. 4.24 HEIGHT The height regulations of this By-law shall not apply to any ornamental dome, chimney, communications tower, storage silo, barn, cupola, steeple, church spire, water storage tank, elevator enclosure, flag pole or television or radio antennae that is less than 30.0 metres high measured from the ground. 4 . 25 HOME OCCUPATIONS, HOME PROFESSIONS OR HOME INDUSTRIES Where a home occupation, home profession or home industry is permitted in a particular zone, it shall: (a) have at least one (1) permanent resident of the dwelling unit engaged in the business; 48 (b) have no external display or advertisement, other than a non-illuminated sign which is a maximum of 0. 5 square metres and is not flashing; (c) have no external storage of materials, containers or finished products; (d) not change the character of the dwelling as a private (e) (f) (g) (h) h residence or create or become a nuisance due to such matters as noise, smell , hours of operation or traffic generation; not have more than two (2) employees in addition to the permanent resident engaged in the business; not have the home occupation or home profession occupy more than 25 percent or 40 square metres whichever is lesser of the floor area of the dwelling unit including the floor area of any basement area used as living quarters and any basement area used for the home occupation or home profession; ave any and all parts of a home occupation or home profession use on a lot confined to a dwelling unit on the lot; not exceed more than one ( 1 ) home occupation, home profession or home industry per dwelling unit or lot; (i ) be conducted in whole or in part in an accessory building in the case of a home industry, except for the clerical and office functions of such home industry which may be conducted in the dwelling unit; and ( j ) provide off-street parking in accordance with the provisions of this By-law. 49 4 . 26 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, structure or use is located, and provided that the accessory building, structure or use: (a) shall not be used for human habitation, except where a residential use is a permitted accessory use; (b) 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; (c) shall not be located in the front yard or the exterior side yard, in the case of a corner lot; (d) shall not be built closer to a street than the main building is to the street, except in the case of through lots and through lots deemed to be corner lots where the accessory building shall not be closer to the street line at the rear lot than the required front yard set-back for adjacent lot; (e) shall not be built closer than 1 .0 metre to any lot line except: (i) that common semi-detached private garages or carports may be centered on the mutual side lot line; (ii) that where a lot line abuts a lane, an accessory building or structure may be located not less than 0. 5 metre from the said lane; and (f) shall not exceed 10 percent coverage of the total lot area; 50 (g) shall not exceed 4 . 5 metres in height, or contain more than one storey, except where a dwelling unit is a permitted accessory use; (h) shall not be built within 2.0 metres of the main building; (i ) shall not be considered as an accessory building or structure if attached to the main building in accordance with the definition of "attached"; and ( j) shall not be considered an accessory building or structure if located completely underground. 4 . 27 COMMERCIAL ACCESSORY USES Notwithstanding any other provisions of this By-law, where a commercial use is permitted as an accessory use in an Industrial Zone, it shall be located within the main building or within 2.0 metres of the main building, shall not exceed 10 percent of the total floor area of the main building and shall not exceed a maximum floor area of 280 square metres. Where no buildings exist, such commercial accessory use shall not exceed 100 square metres of floor area. 4 . 28 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 40 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. 51 4 . 29 LOADTNG SPACES No person shall erect or use any building or structure in any Commercial or Industrial Zone which involves the movement of goods, merchandise or materials, unless loading spaces are provided and maintained in accordance with the following provisions: (a) one (1) loading space shall be provided on the same premises for every 278 square metres or fraction thereof of the total floor area; (b) loading spaces shall not be less than 3 .0 metres in width and 7.5 metres in length; and (c) loading spaces shall not have less than 4. 5 metres of vertical clearance. 4 . 30 STANDARDS FOR LOADING SPACES Where in this By-law, loading spaces are required or permitted, the following standards shall apply: (a) adequate driveway space shall be provided to permit the safe manoeuvering, loading and unloading of vehicles on the lot such that they do not cause an obstruction or a hazardous condition on adjacent streets or sidewalks and loading spaces shall have access to a street or lane which has a minimum width from the rear lot line of the lot to the centre line of the lane of 3.0 metres; (b) adequate drainage facilities shall be provided in accordance with requirements of the Municipality; (c) loading spaces and approaches shall be surfaced in accordance with the requirements of the Municipality; 52 (d) the illumination of loading spaces shall be arranged so that the light is diverted away from any Residential , Open Space or Institutional Zone; and (e) the location of loading spaces shall be restricted to the rear yard where a lot has access at both the front and rear to a street or road. 4 . 31 PARKING REQUIREMENTS For every type of building listed below which is erected, altered or enlarged in any zone after the passing of this By-law, off-street parking shall be provided and maintained, in accordance with the following provisions: Type of Use of Building Minimum Parking Required Single detached, two (2) family One and one-quarter (1 . 25) semi-detached, duplex, double parking spaces per dwell- duplex, triplex and converted ing unit rounded to the dwellings, dwelling units located next highest whole number. in commercial buildings, multiple family, row-house and townhouse dwellings and dwellings in apartment buildings Auditoriums, restaurants, theatres, Where there are fixed arenas, community centres, private seats, one ( 1) parking clubs, and other places of assembly space for every five (except where one (1 ) or more of (5) seats or for every these uses are located in a 3 .0 metres or part thereof shopping centre) of bench space. Where there are no fixed seats, one (1) parking space for each 9.0 square metres of floor area or part there- of devoted to public use. 53 Senior Citizen Home One parking space for every four (4) dwelling units. Schools One (1) parking space for each teaching staff member plus one (1) additional parking space for each 20.0 square metres or part thereof of auditorium floor space. Churches One (1) parking space for every ten (10) seats or 6.0 metres of bench space or part thereof of its maximum seating capacity. Libraries A minimum of ten (10) parking spaces or one (1) parking space per 28.0 square metres, or part thereof , of building floor space, whichever is greater. Hotels, motels, taverns and One (1 ) parking space per staff houses rental unit, plus one ( 1 ) additional parking space for each 9 .0 square metres of floor area or part thereof devoted to public uses, such as restaurants, taverns and other eating places associated with hotels, motels, taverns and staff houses. 54 Bed and Breakfast Lodging, One (1 ) parking space for Boarding house, rooming every room or suite house and tourist home of rooms which may be offered for rent. Industrial uses One (1 ) parking space for each 93 .0 square metres of floor area or part thereof or for each five (5) employees, whichever is greater. Retail or Service Stores One (1 ) parking space per 28.0 square metres of retail floor area or part thereof in a C3 Zone. One (1 ) parking space per 20.0 square metres of retail floor area or part thereof in Cl and C2 Zones. Home Occupation, Home One ( 1 ) off-street parking Profession or Home Industry space for each 28.0 square metres or part thereof of floor area devoted to said use in addition to that required for the dwelling. Group Homes Residences One and one quarter ( 1 . 25) parking spaces per receiving family and/or one (1) parking space for each staff on duty at any time, plus one (1 ) parking space for each two (2) beds or each 37 .0 square metres of floor area or 55 part thereof, whichever is the greater. Offices One (1) off-street parking space for each 35.0 square metres or part thereof of gross floor area. Marina One (1) parking space for every two (2) slips. 4 .32 DRIVEWAY REGULATION WHERE A DRIVEWAY IS REQUIRED TO SERVE A RESIDENTIAL USE The maximum width of a driveway, measured along the sidewalk, where such exists or along the street line, shall be 9.0 metres. The minimum distance between a driveway and an intersection of street lines measured along the street line intersection by such driveway shall be 9.0 metres. The minimum distance between an interior side lot line and any driveway, with the exception of a mutual or common driveway, shall be 1 .0 metre. The interior angle formed between the street line and the centre line of any driveway shall not be less than forty- five degrees (45' ) . 4. 33 STANDARDS FOR PARKING AREAS Where in this By-law, parking areas are required or permitted, all drainage, surfacing and illumination shall be done in accordance with the requirements of the Municipality. 54 4 . 34 GROUP HOMES Notwithstanding any other provisions in this By-law, no group home shall be located closer than 200.0 metres from another group home. 4. 35 RESTORATION TO A SAFE CONDITION Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure provided such alteration or repair does not increase the height or size or change the use of such building or structure. 4 . 36 REDUCTION OF LOT AREA (a) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof , or otherwise, so that any building or structure on such lot shall have a lot coverage or a ground floor area that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by this By-law for the Zone in which such lot is located; and (b) If any such reduction in the area of a lot occurs, no building or structure located on the lot shall be used until the requirements of this By-law applicable thereto are complied with. 4. 37 CORNER LOTS In any Residential Zone: (a) Where a main building is erected upon a corner lot, such main building shall be located: ( i ) not less than 7 . 5 metres from the front lot line; and 57 (ii) not less than 3.0 metres from the flank of the lot for a 1-storey dwelling and not less than 3 . 5 metres for a 1-1/2 storey or 2-storey dwelling. (b) Where an accessory building is erected on a corner lot, no part of it shall be nearer the front lot line or flank of the lot than the aforesaid distances set out above. (c) An attached garage, if it is attached in accordance with the definition of an "attached accessory building" , shall be considered as part of the main building and all provisions prescribed by this By-law as applicable to Residential Zones shall apply. 4. 38 FLOOR AREA (a) No person shall erect or use a dwelling unit which is not in compliance with the following minimum floor area requirements: Floor Area (Minimum' for each Dwelling Unit Bachelor 28 square metres 1 Bedroom 37 square metres 2 Bedrooms 55 square metres 3 Bedrooms 70 square metres 4 Bedrooms 83 square metres Dwelling Unit in 35 square metres a boarding house, rooming house or tourist home. (b) Notwithstanding the above, the minimum floor area of a group home shall be 23 square metres plus an additional 7 square metres for each resident, exclusive of staff or receiving family. 58 (c) Within a Commercial Zone: a minimum of 19 square metres of open space shall be provided for the exclusive use of each dwelling unit either at ground level or on the roof of the first storey. Such open area shall not form part of any required parking area or loading space. ace. 4 . 39 SPECIAL USES Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for: (a) a scaffold or other temporary building or structure incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; (b) a sign having an area of not more than 4 .5 square metres incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; (c) a carnival , circus or festival or other public gathering, each of which is held not more than twice per year, in the Institutional or Open Space Zones; or (d) a farmer's market held not more than two ( 2) days per week in any zone. 4 . 40 SATELLITE DISHES Satellite dishes shall be prohibited in any front or exterior side yard. On a through lot, satellite dishes shall be prohibited in the required rear yard. 59 4 .41 PUBLIC WATER SUPPLY AND SANITARY SEWER No land shall be used in the Village of Port Burwell for commercial , residential, institutional, or industrial uses unless serviced by public water supply and public sanitary sewer. 60 SEY.'TION 5 — RESID A ZOO 1 f R1) REGULATIONS 5 . 1 PERMITTED USES No land shall be used in the Residential Zone 1 (R1) except for the following purposes: (a) single detached residential dwelling uses, including single detached seasonal residential dwellings which are serviced by a public water supply and a public sanitary sewer; (b) group homes which are serviced by a public water supply and a public sanitary sewer; (c) home occupations and home professions, bed and breakfast lodging of two ( 2 ) bedrooms or less; and (d) accessory uses 5. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Residential Zone 1 (R1 ) except the following: (a) single detached dwelling on one (1 ) lot; (b) single detached seasonal residential dwelling on one (1 ) lot; and (c) accessory buildings and structures. 5.3 MINIMUM LOT AREA (a) single detached dwellings, 464 square metres including single detachedYN seasonal residential dwellings 61 (b) group homes 557 square metres 5.4 MINIMUM LOT FRONTAGE (a) single detached 15.0 metres dwellings and seasonal residential dwellings (b) group homes 18.0 metres 5.5 MAXIMUM COVERAGE (a) single detached dwelling 30 percent and seasonal residential dwelling (b) group homes 40 percent 5 . 6 MAXIMUM HEIGHT 2 storeys or 10.5 metres 5. 7 MINIMUM FLOOR AREA In accordance with Section 4 . 38 . 5. 8 MINIMUM FRONT YARD 7.5 metres 5.9 MINIMUM SIDE YARD No one (1 ) side yard shall be less than 1 .0 metre and the aggregate of the two (2) side yards shall not be less than 4.0 metres. 5. 10 MINIMUM REAR YARD 9.0 metres 62 SECTION 6 - RESIDENTIAL ZONE 2 1R21 REGULATIONS 6. 1 PERMITTED USES No land shall be used in the Residential Zone 2 (R2) , except for the following purposes: (a) single detached residential dwelling uses, including single detached seasonal residential dwellings, which are serviced by a public water supply and a public sanitary sewer; (b) modular dwellings , semi-detached dwellings, and duplex dwellings serviced by a public water supply and public sanitary sewer; (c) home occupations and home professions; (d) group homes and crisis housing; and (e) accessory uses. 6 . 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Residential Zone 2 (R2) except the following: (a) single detached dwelling on one ( 1 ) lot; (b) single detached seasonal dwelling on one ( 1 ) lot; (c) semi-detached dwellings; (d) duplex dwellings; (e) modular dwelling on one ( 1 ) lot; and (f) accessory buildings and structures. 63 6. 3 MINIMUM LOT AREA (a) single detached dwellings 360 square metres and modular dwellings (b) semi-detached dwellings 300 square metres per and duplex dwellings dwelling unit 6. 4 MINIMUM LOT FRONTAGE (a) single detached dwellings 10.5 metres and modular dwellings (b) semi-detached dwellings 9.0 metres per unit and duplex dwellings (18.0 metres) 6 . 5 MAXIMUM COVERAGE 40 percent 6 . 6 MAXIMUM HEIGHT 10. 0 metres 6 . 7 MINIMUM FLOOR AREA 78 square metres 6. 8 MINIMUM FRONT YARD 6. 0 metres 6. 9 MINIMUM SIDE YARD Each side yard shall be no less than 0.7 metres for a 1- storey structure, plus 0. 5 metres for each additional or partial storey. 6. 10 MINIMUM REAR YARD 8.0 metres 64 • • - 'U - _ _- I :4 OJ: Z. ;✓ I) ONS 7.1 PERMITTED USES No land shall be used in the Multi-Family Residential Zone 3 (R3 ) , except for the following purposes: (a) multi-family residential uses serviced by a public water supply and public sanitary sewer; (b) group homes and crisis housing; and (c) accessory uses. 7.2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Multi-Family Residential Zone 3 (R3 ) except the following: (a) semi-detached dwellings; (b) duplex dwellings; (c) townhouse or rowhouse dwellings; (d) block townhouses; (e) triplex dwellings; (f) double duplexes; (g) multiple dwellings; (h) apartment buildings; (i ) boarding houses, rooming houses, nursing and senior citizen homes; and 65 • ( j) accessory buildings and structures. 7. 3 MINIMUM LOT AREA (a) semi-detached and duplex 300 square metres per dwellings dwelling unit (b) triplex, double duplex, 340 square metres per townhouse or rowhouse dwelling unit dwelling (c) apartment building and multiple dwellings i) buildings of ten (10) 325 square metres for units or less each of the first four (4) dwelling units and 93 square metres for each additional dwelling unit there- after ii ) buildings in excess 135 square metres per of ten (10) units dwelling unit (d) boarding house, rooming 557 square metres for house, nursing and senior the first ten (10) citizen homes rooms capable of being occupied and 46 square metres for each additional room thereafter 7.4 MINIMUM LOT FRONTAGE (a) semi-detached dwelling 9.0 metres per and duplex dwelling dwelling unit (18.0 metres) 66 (b) double duplex dwelling 21 .0 metres (c) all others 10. 0 metres per dwelling unit or 40.0 metres, which- ever is less 7.5 MAXIMUM COVERAGE 50 percent 7 .6 MAXIMUM HEIGHT 3 storeys or 14.0 metres 7.7 MINIMUM FLOOR AREA In accordance with Section 4. 38. 7.8 MINIMUM FRONT YARD 6.0 metres 7.9 MINIMUM SIDE YARD 6 .0 metres or one- half the height, whichever is the greater No side yard shall be required for a semi-detached dwelling townhouse or rowhouse dwelling between the common vertical wall dividing one dwelling unit from the adjoining dwelling unit. 7. 10 MINIMUM REAR YARD 9.0 metres or one- half the height, whichever is the greater 67 _ :_-cP, � !� •_-.' �• �2': ' '° .GS:t7 �/.=:C - ''c=off+ • :•!51 • 8 - ..• • . • • ,1: • • j: Lk-eV) • •i. 8. 1 PERMITTED USES No land shall be used in the Mobile Home Residential Zone 4 (R4) , except for the following purposes: (a) mobile home residential uses serviced by a public water supply and public sanitary sewer; (b) a private or public park; and (c) accessory uses. 8.2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Mobile Home Residential Zone 4 (R4) , except for the following: (a) i) Mobile Home Subdivision - one (1) mobile home or one (1 ) modular dwelling on one ( 1 ) lot; and ii ) Mobile Home Park - one (1) mobile home or one (1) modular dwelling on one mobile home site. (b) accessory buildings and structures. 8. 3 MINIMUM LOT AREA 400 square metres 8.4 MINIMUM LOT FRONTAGE 12.0 metres 8.5 MAXIMUM COVERAGE 40 percent 8.6 MAXIMUM HEIGHT 4 .5 metres 8 . 7 MINIMUM FLOOR AREA 65 square metres 68 8.8 MINIMUM FRONT YARD 6 .0 metres 8.9 MINIMUM SIDE YARD No one (1) side yard shall be less than 1 .0 metre and the aggregate of the two (2) side yards shall not be less than 4.0 metres. 8. 10 MINIMUM REAR YARD 3 .0 metres 69 SECTION 9 - RESORT RESIDENTIAL ZONE (RC) REGIATIONS 9. 1 Permitted Uses. Buildings and Structures No person shall use any land or erect, alter or use any building or structure for any purpose in the Resort Residential Zone (RC) , except one or more of the following uses: a) Block Townhouse; b) Stacked Townhouse; c) Multiple Dwelling; d) Apartment Building; e) Home Occupation; f) Park; g) Church; h) Parking Lot; i) Marina and accessory uses, including boat storage and repairs; j ) Accessory Building and Structures 9. 2 Prohibited Uses Dwelling units are prohibited uses in buildings wherein gasoline, petroleum products, paint, or any other highly flammable, toxic, or explosive products are handled in quantity, such as buildings for boat storage and repairs which are accessory to a marina. 70 9. 3 Minimum Lot Area a) Block Townhouse 300 square metres/unit b) Stacked Townhouse 170 square metres/unit c) Apartment Building and 135 square metres/unit Multiple Dwelling 9.4 Minimum Lot Frontage 30 metres 9.5 Maximum Coverage 50 percent 9.6 Maximum Height 4 storeys or 15 metres 9 . 7 Minimum Floor Area In accordance with Section 4 . 38 9 . 8 Minimum Front Yard 7 . 5 metres 9 . 9 Minimum Side Yard Interior Exterior a) Residential Uses 4 . 5 metres 7 . 5 metres b) Non-Residential Uses 6 metres 9 metres (Including Marina) 9. 10 Minimum Rear Yard a) Townhouses 4 . 5 metres b) Apartment Buildings and 7 . 5 metres Multiple Dwellings c) Non-Residential 15 metres (Including Marina) 71 ,�l • i Cs:�.P: 6011.LI:41.1. i _KiJ • • s 10 . 1 PERMITTED USES No land shall be used in the General Commercial Zone (C1 ) , except for the following purposes: (a) commercial uses serviced by public water supply and public sanitary sewer; (b) residential uses serviced by public water supply and sanitary sewer; and (c) accessory uses. 10. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the General Commercial Zone (C1) except the following: (a) retail or service store; (b) general or professional office; (c) bank and other financial institutions; (d) bulk sales establishment; (e) bait fish operation and the sale of bait fish and/or a fishing business including docking areas, fish storage, processing and sales; (f) clubroom or private club; (g) theatre; (h) restaurant; (i ) tavern; 73 ( j) eating establishment; (k) laundry or dry cleaning establishment; (1) barber shop or beauty parlour; (m) bowling alley; (n) billiard or pool room; (o) community centre or assembly hall; (p) auctioneer's premises; (q) farm equipment sales and service outlet; (r) dwellings above or behind a permitted commercial use, except as noted in Section 10. 11 (c) ; (s) bake shop or bakery; (t) private hospital and nursing home and small animal clinic; (u) taxi service establishment; (v) Brewer's Retail or Liquor Control Board of Ontario outlet; (w) undertaking establishment or funeral home; (x) parking lot; (y) printing establishment; (z) shopping centre; 74 (aa) car wash; and (bb) accessory buildings or structures. 10 . 3 MINIMUM LOT AREA 232 square metres 10.4 MINIMUM LOT FRONTAGE 7.5 metres 10. 5 MAXIMUM COVERAGE 100 percent 10.6 MAXIMUM HEIGHT 12 .0 metres 10.7 MINIMUM FRONT YARD (a) where the front yard lies 6.0 metres opposite to a R1 , R2 or R3 Zone (b) all other cases nil 10.8 MINIMUM SIDE YARD (a) where the side yard abuts 4 . 5 metres an R1 , R2 or R3 Zone (b) all other cases nil 10.9 MINIMUM REAR YARD nil 10. 10 DUFFER STRIP Where a General Commercial Zone abuts an R1 , R2, R3 , Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2 . 0 metres. 75 10.11 DWELLING UNITS (a) Minimum floor area shall be in accordance with Section 4 . 38. (b) Pedestrian access to each dwelling unit, other than an accessory dwelling unit, shall be provided from an adjacent street or lane and shall be for the sole use of the occupant(s) of the said dwelling unit. (c) No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial establishment changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 76 SECTION 11 — vAIR. ��r f r l:��t r I 11 . 1 PER1ITTED USES No land shall be used in the Tourist Commercial Zone (C2) , except for the following purposes: (a) commercial uses serviced by a public water supply and a public sanitary sewer; (b) accessory uses; and (c) a residential use as an accessory use. 11 . 2 PERMITTED BUILDINGS AND OTHER STRUCTURES No building or structure shall be used, altered or erected in the Tourist Commercial Zone (C2) , except the following: (a) hotel , motel or tourist cabin; (b) travel-trailer camping park; (c) gas bar, service station, public garage, or other establishment for the servicing, storage and sale of vehicles, trailers, farm or construction machinery and equipment; (d) restaurant; (e) retail or service store; (f) tavern; (g) gift shop or craft industry; (h) tourist commercial establishment; 77 (i ) Brewer's Retail or Liquor Control Board of Ontario outlet; ( j ) bait fish operation and the sale of bait fish and/or a fishing business including docking areas, fish storage, processing and sales; (k) transportation terminal; (1) marina and accessory uses, including boat storage and repairs; (m) boat construction; (n) bed and breakfast lodging with three ( 3) or more rooms; (o) heliport; and (p) accessory buildings and structures including a dwelling unit or single detached dwelling for a caretaker, owner or manager of any of the permitted uses. 11 . 3 MINIMUM LOT AREA (a) where both public water 555 square metres and sanitary sewer are available (b) tourist home 557 square metres for the first ten (10) rooms capable of being occupied and 46 square metres for each additional room thereafter 78 11 . 4 MINIMUM LOT FRONTAGE (a) where both public water 15.0 metres supply and sanitary sewer are available 11. 5 MAXIMUM LOT COVERAGE 50 percent 11 .6 MAXIMUM HEIGHT 12.0 metres 11. 7 MINIMUM FLOOR AREA (a) commercial use 10 square metres (b) accessory dwelling units minimum floor area shall be in accordance with Section 4 . 38 (c) accessory single-family 65 square metres detached dwelling 11 . 8 MINIMUM FRONT YARD 7. 5 metres 11 . 9 MINIMUM SIDE YARD 4 . 5 metres 11 . 10 MINIMUM REAR YARD 10. 0 metres 11 . 11 BUFFER STRIP Where a Tourist Commercial Zone abuts a R1 , R2, R3 , Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2 .0 metres. 79 11 .12 SERVICE STATIONS AND PUBLIC GARAGES Notwithstanding any other provisions of this By-law, where a lot is used for a service station or public garage or gas bar, the following regulations shall apply: Interior Lot CQrner Lot (a) Minimum lot frontage 30.0 metres 45.0 metres Minimum lot depth 38.0 metres 38 .0 metres (b) No portion of any pump island shall be located closer than 6.0 metres to the street line of any dtreet; (c) the minimum distance from the intersection of two (2) street lines to the nearest ingress or egress ramp shall be not less than 9.0 metres; (d) the maximum width of a curb ramp at the street line shall be not more than 7.0 metres; and (e) the minimum distance between ramps shall be not less than 9.0 metres. 11. 13 REGULATIONS FOR TRAVEL TRAILER PARK Regulations related to the establishment and operation of a travel trailer park shall be as set down by the Tourism Act, R.S.O. , 1980 and regulations thereto as amended from time to time. 80 11 . 14 DWELLING UNITS No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial building changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 81 SSCTION 12 - DOfiN'i '"pj OOl T- ' cT T 9.n (C3 RNCfJL�TIOIdS 12.1 PERMITTED USES. BUILDINGS AND STRUCTURES No person shall use any land or erect, alter or use any building or structure for any purpose in the Downtown Commercial Zone (C3) except one or more of the following uses: (a) retail or service store; (b) general or professional office; (c) bank and other financial institutions; (d) bulk sales establishment; (e) clubroom or private club; (f) theatre; (g) restaurant; (h) laundry or dry cleaning establishment; (i) barber shop or dry cleaning establishment; ( j ) bowling alley; (k) billiard or pool room; (1) community centre or assembly hall ; (m) tavern; (n) dwellings above or behind a permitted commercial use, except as noted in Section 12.10 (o) bake shop or bakery; 82 (p) private hospital and nursing home and small animal clinic; (q) taxi service establishment; (r) Brewer's Retail or Liquor Control Board of Ontario outlet; (s) parking lot; (t) printing establishment; (u) shopping centres; and (v) accessory buildings or structures. 12. 2 MINIMUM LOT AREA 232 square metres 12 . 3 MINIMUM LOT FRONTAGE nil 12.4 MAXIMUM COVERAGE 100 percent 12 .5 MAXIMUM HEIGHT 12.0 metres 12 . 6 MINIMUM FRONT YARD nil 12 . 7 MINIMUM SIDE YARD (a) where the side yard abuts 4 . 5 metres an R1 , R2, R3 or R4 Zone (b) all other cases nil 12.8 MINIMUM REAR YARD nil 83 12.9 BUFFER STRIP Where a Downtown Commercial Zone abuts an R1 , R2, R3 , R4 , RC, Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2.0 metres. 12.10 DWELLING UNITS (a) Minimum floor area shall be in accordance with Section 4.38. (b) Pedestrian access to each dwelling unit, other than an accessory dwelling unit, shall be provided from an adjacent street or lane and shall be for the sole use of the occupant(s) of the said dwelling unit. (c) No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial establishment changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 84 SECTION 13 — INDUSTR AL PANE (M I REGULATIONS 13 . 1 PERMITTED USES No land shall be used in the Industrial Zone (M) , except for the following purposes: (a) industrial uses including the manufacturing, assembling, processing, warehousing and storage of goods serviced by a public water supply and a public sanitary sewer; (b) transportation and communication uses; (c) bulk sales establishment; (d) public works yard; (e) public utility facility; (f) accessory uses; (g) residential use as an accessory use; and (h) commercial use as an accessory use, including offices and retail outlets related to the industrial operations carried on in the same building. 13 . 2 PERMITTED BUILDINGS AND OTHER STRUCTURES No building or structure shall be used, altered or erected in the Industrial Zone (M) except, the following: (a) light industrial workshop; (b) trucking depot and transportation terminal ; (c) equipment sales and service establishment; 85 fid) welder's shop; (e) carpenter or joiner's shop; (f) concrete products factory; (g) warehouse or storage facility; (h) machine shop; (i) bulk sales facility, including bulk fuel sales; ( j) public works yard and associated buildings and structures; (k) animal hospital; (1) contractor's yard; (m) hydro distribution or generating station; (n) sewage treatment plant; (o) water treatment plant; (p) communications tower; and (q) accessory buildings and structures, including a single detached dwelling or a dwelling unit for one ( 1 ) caretaker or one (1) person and his family employed in the manufacturing and industrial operations or uses permitted in this zone. 13 . 3 MINIMUM LOT AREA 1860 square metres, plus an additional 460 square metres minimum for an accessory single detached dwelling. 13 .4 MINIMUM LOT FRONTAGE 30.0 metres 86 13 . 5 MAXIMUM COVERAGE 40 percent 13 . 6 MAXIMUM HEIGHT 12 .0 metres, except • that a communication tower may exceed 30.0 metres in height 13 .7 MINIMUM FLOOR AREA (a) accessory dwelling unit 28 square metres (b) accessory single-detached 65 square metres dwelling (c) all other uses 10 square metres 13 .8 MINIMUM FRONT YARD (a) where the Industrial Zone 15.0 metres fronts on a street opposite an R1 , R2 , R3 , Institutional or Open Space Zone (b) all other cases 7. 5 metres 13 .9 MINIMUM SIDE YARD (a) where the side yard abuts 7 . 5 metres a street opposite an R1 , R2 , R3 , Institutional or Open Space Zone or directly abuts said zones (b) all other cases 4 . 5 metres 87 13 . 10 MINIMUM REAR YARD (a) where the rear yard abuts 7. 5 metres a street opposite an R1 , R2, R3, Institutional or Open Space Zone or directly abuts said zones (b) all other cases 4 .5 metres 13 . 11 AUTOMOBILE WRECKING YARDS AND SCRAP METAL YARDS Where land is used for the purpose of an automobile wrecking yard, scrap metal yard or similar ' use, the storage of derelict automobiles, scrap metal, junk or similar materials shall not be carried out in that part of the land designated herein as the "front yard" , "side yard" or "rear yard" and a natural or artificial screen or buffer shall be provided to obscure the subject property from the street on which the lands abut and from any properties to the side or rear of the subject property. 13 .12 STORAGE (a) No storage shall be permitted outside the building or buildings on the lot until a privacy fence of a minimum 1 . 5 metres in height is erected and maintained around the area of the lot to be used for storage. (b) No storage shall be permitted outside the buildings on the lot in the front yard or in the side yard or rear yard which fronts, is opposite to or abuts a Residential or Open Space Zone. 88 13 . 13 DWELLING UNITS Accessory Dwelling Units attached to or enclosed within a main building are not permitted where gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity. 89 ZECTIQN 14 - INSTITUTIONAL ZONE (I) REGGUULATIONS 14 . 1 PERMITTED USES No land shall be used in the Institutional Zone (I ) , except for the following purposes: (a) institutional uses which may include churches, schools, hospitals and government offices serviced by a public water supply and a public sanitary sewer; (b) accessory uses; and (c) residential use as an accessory use. 14 . 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Institutional Zone (I) , except the following purposes: (a) hospital or clinic; (b) school or other educational institution; (c) church, church hall or religious institution; (d) library, museum or other cultural institution; (e) Federal , Provincial and Municipal government offices; (f) police station or a fire hall or fire control building or structure; (g) municipal works yard and structures; (h) community centre and day care centre; (i) cemetery and mausoleum; 90 ( j) staff houses forming an integral part of any of the above uses which must necessarily be located at the site of the work as an integral part of such _ activities, provided that such buildings conform to the requirements for buildings of similar use as set out elsewhere in this By-law and are equipped with water and sanitary facilities satisfactory to the authority having jurisdiction; (k) telephone exchange and a post office; and (1) accessory buildings and structures. 14 . 3 MINIMUM LOT AREA 570 square metres 14.4 MINIMUM LOT FRONTAGE 15. 0 metres 14.5 MAXIMUM COVERAGE 70 percent 14.6 MAXIMUM HEIGHT 12 .0 metres 14. 7 MINIMUM FRONT YARD 7 . 5 metres 14 .8 MINIMUM REAR YARD (a) where the yard abuts a 6. 0 metres Commercial or Industrial Zone (b) where the building 10.0 metres contains residential accommodations (c) where the yard abuts a 10.0 metres Residential or Open Space Zone 91 14 .9 MINIMUM SIDE YARD No one (1) side yard shall be less than 1 .0 metre and the aggregate of the two (2) side yards shall not be less than 4 .0 metres. 14.10 DUFFER STRIP Where an Institutional Zone abuts a R1 , R2, R3 or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2.0 metres. 92 h+ • - • • :4 •4 w: .•1�: �. �1�1 ,- • 15. 1 PERMITTED USES No land shall be used in the Open Space Zone (OS) , except for the following purposes: (a) parks, public and private non commercial recreational uses, municipally owned and operated recreational facilities including playgrounds, conservation area, picnic facilities, sports fields and facilities, tennis courts, golf courses and public marinas; (b) public buildings, including a museum, an exhibition arena or community hall; (c) public parking area; (d) dwelling unit for one (1) caretaker or one (1 ) essential workman whose presence in the premises is necessary at all times; (e) public utilities; and (f) accessory uses. 15. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Open Space Zone (OS) , except the following: (a) buildings and structures for the permitted uses; and (b) accessory buildings and structures. 15. 3 MAXIMUM COVERAGE 50 percent 15 . 4 MAXIMUM HEIGHT 12 .0 metres 93 r 15. 5 MINIMUM FRONT YARD 7 . 0 metres 15. 6 MINIMUM SIDE YARD 7 . 0 metres 15.7 MINIMUM REAR YARD 7 . 0 metres • 94 SCION 16 - HAZARD LAND ZONE (HL) REGULATIONS 16. 1 PERMITTED USES No land shall be used in the Hazard Land Zone (HL) , except for the following purposes: (a) agricultural uses; (b) public and private parks, including playgrounds, picnic facilities, sports fields, tennis courts, golf courses, outdoor natural rinks, forestry and wildlife areas and horticultural nurseries; (c) docks, bridges, culverts, utility structures and boathouses without dwelling units; and (d) hydro generation and transmission structures. 16. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Hazard Land Zone (HL) . 95 _ • , - �i�� �� :+ 1 I:��i �� j: �� i.�KI� .: • _ 17 . 1 PURPOSE This zone is intended for use in conjunction with lands designated "Future Development" in the Official Plan and all regulations of this zone should be applied in context with the "FD" policies of the Official Plan. 17. 2 PERMITTED USES. BUILDINGS AND STRUCTURES No person shall use any land or erect, alter or use any building or structure for any purpose in the Proposed Development Zone (PD) except for those uses exiting on a site at the time of passing of this by-law and one or more of the following: a) accessory buildings or structures; b) public parking area; and c) public and private parks. 96 CONVERSION TABLE METRES FEET SQUARE METRES SQUARE FEET 0. 5 2 .0 0. 2 2 1 .0 3 . 0 9. 0 100 1 . 5 5. 0 16. 75 180 o 2.0 6. 5 20.0 215 2. 5 8.0 28 .0 300 3 .0 10. 0 37.0 400 3 . 5 11 .0 42 .0 450 4 .0 13 .0 46 .0 500 4 . 5 15.0 55. 5 600 6.0 20. 0 65.0 700 7.0 23 .0 70.0 750 7. 5 25. 0 74 .0 - 800 9.0 30. 0 88.0 950 10.0 33 . 0 93 . 0 1000 10. 5 34 . 0 232 .0 2500 12.0 39. 0 279 .0 3000 15. 0 49.0 325. 5 3500 18.0 59 . 0 464 .0 5000 20.0 66. 0 511 .0 5500 23 .0 75 . 0 557 .0 6000 24 .0 79 . 0 697 .0 7500 30.0 98. 0 1394 .0 15000 38.0 125. 0 2044 .0 22000 46 .0 151 . 0 60.0 197 .0 122.0 400. 0 HECTARES ACRES 0. 2 0. 5 0. 4 1 .0 0.6 1 . 5 0. 8 2 .0 1 . 4 3 . 5 6.0 15. 0 NOTE: The above table is for explanation and convenience only and does not form part of this By-law. 98 MATCH LINE ` ©� RESTRICTED AREA Os ZONING BY-LAW os . A. PORT IN (LL . PROVYKML PARR L4/CE ERE' Si OS VILLAGE OF PORT BURWELL r„ OS RI RI Y i 1'!1� 11111111i-1 1'1l1�1r11 OS LEGEND IOU rr1 11nI inl1Cu11 11111 r 11 41111r /�,l -tio RI ,� T OS imil, RCQi II R2 staE FAIRLY REmFXTNL J /�1 i N■w■�► . �I'I ' R3 MULn-rAM�T RESIDENTIAL \ .- �__ _ 21411511.1 IIIIEfiIIk \� R4 mom! NOME RESIDENTIAL 1 !I ■■ \ �\ RC RESORT RESDpTW. � 1.Illltl]� t� m, OS CI GENERAL COMMERCIAL Wit !F o Wi ill MIX! ■g 1►�.,��,;>t'-rHL \ • C2 TOURIST CCNNIERUAL :11 I11r■ i 1IPJ��i�l 11111•`• .7,„ • C3 COMM TOWN COMMERCIAL ilj illi Mi tl� 11111111.- M MAIM. i-g' alit-111r 1 131 � �- I MTITUTp11L s lizi 7g 1"1io Os MEN SPACE LAKE ERIE WICte� I ; IIIII`IIau• IIL�i►1' HL NAZA10 LANG SWAM •■ PD PROPOSED DEVELOPMENT ' r El ■■'1I 111kI. 11 111�s� ‘�_�11111III1 11111 << II1ii3111.11E1J111 _P111111111111111 11111f_jUl 11111m r VILLAGE BOUNDARY HL LIMIT OF THE ,� R4 ■ R2 R3 PLANNING AREA :///f1/:;.: RI sc�E .i OS )1W 1MG /4? , .r.,I1Ar.e.,M,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '/N\ CW151116114 t 1 — MATCH L1 Group Inc. THB CORPORATION OF THE VILLAGE OF PORT BURNELL RESTRICTED AREA (ZONING) BY-LAN NO. 91-03 Prepared for Village of Port Burwell Prepared by INC Consulting Group Inc. February 12, 1991 • THE PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY The Corporation of the Village of Port Burwell TAKE NOTICE that the Council of the Corporation of the Village of Port Burwell passed By-law 91-03 on the day of , 1991 under Section 34 of the Planning Act, 1983 . AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Village of Port Burwell not later than the day of , 1991 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. An explanation of the purpose and effect of the By-law, describing lands to which the By-law applies and key maps showing the location of the lands to which the By-law applies are attached. The complete By-law is available for inspection in my office during regular office hours. Dated at the Village of Port Burwell this day of , 1991 . Mr. James Timlin Clerk-Treasurer Village of Port Burwell P.O. Box 10 Port Burwell , Ontario NOJ ITO . ' '., PURPOSE AND EFFECT BY-LAW NO. 91-03 VILLAGE OF PORT BURWELL By-law No. 91-03 is a new Comprehensive Zoning By-law for the Village of Port Burwell . The By-law regulates the use of all land (including residential , multi-family residential , mobile home residential , park, commercial , industrial , institutional, open space, and hazard land) , buildings and structures in the Village of Port Burwell . It authorizes the uses set out in the text and prohibits any use of land or the construction or use of buildings not specifically authorized, unless such use was lawfully in existence on the day the By-law was passed. Applications to change or amend the By-law may be made at any time. All such amendments, however, must be in conformity with the Port Burwell Official Plan and must receive approval from the Council. All measurements in the By-law are in metric units. A conversion table is provided at the back of the By-law to assist in converting the metric measurements to Imperial measurements . The following is a brief summary of the provisions of the By-law. SECTION 1 of the By-law establishes, among other matters, that the By-law applies to all lands in the Village of Port Burwell and that no land shall be used and no buildings or structures shall be used, erected, altered, or enlarged except in conformity with the By-law. It also establishes that the By-law shall come into full force and effect as of the date of its passing by the Council . SECTION 2 defines a number of terms used in the By-law. SECTION 3 establishes that the Zone Map comprising Schedule "A" is part of the By-law, and that the Zone Map is divided into a number of zones. Section 3 also provides information in respect to the interpretation of Zone boundaries. i • SECTION 4 establishes general provisions that apply to more than one Zone in the By-law. These general provisions cover such matters as accessory uses, corner lot sight restrictions, lots having less than the required frontage or area, non-conforming uses, mobile homes, off-street parking, home occupations and street frontage of building lots. SECTIONS 5 through 17 INCLUSIVE set out the specific Land Use Zones of the By-law. There is a total of thirteen ( 13) specific zones and these include: five ( 5) residential zones, three ( 3) commercial zones and Industrial , Institutional , Open Space, Hazard Land and Proposed Development zones. For each zone, there is a listing of permitted uses and a number of standards, including minimum lot size, minimum lot frontage, maximum lot coverage, maximum height and minimum front, side and rear yards. ii k .Or TABLE OF CONTENTS SECTION PAGE 1 . INTERPRETATION AND ADMINISTRATION 1 2. DEFINITIONS 6 3 . ZONES AND ZONING MAP 36 4. GENERAL PROVISIONS 39 5. RESIDENTIAL ZONE 1 (R1 ) REGULATIONS 61 6. RESIDENTIAL ZONE 2 (R2) REGULATIONS 63 7. MULTI-FAMILY RESIDENTIAL ZONE 3 (R3 ) REGULATIONS 65 8. MOBILE HOME RESIDENTIAL ZONE 4 (R4 ) REGULATIONS 68 9. RESORT RESIDENTIAL ZONE (RC) REGULATIONS 70 10. GENERAL COMMERCIAL ZONE (C1) REGULATIONS 73 11 . TOURIST COMMERCIAL ZONE (C2) REGULATIONS 77 12 . DOWNTOWN COMMERCIAL ZONE (C3) REGULATIONS 82 13 . INDUSTRIAL ZONE (M) REGULATIONS 85 14 . INSTITUTIONAL ZONE (I) REGULATIONS 90 15. OPEN SPACE ZONE (OS) REGULATIONS 93 16. HAZARD LAND ZONE (HL) REGULATIONS 95 iii TABLE OF CONTENTS (CONT'D) SECTION PAGE 17 . PROPOSED DEVELOPMENT ZONE (PD) REGULATIONS 96 CONVERSION TABLE 98 SCHEDULE "A" ZONING iv SCHEDULE 1 BY-LAW 91-03 A By-law to regulate the use of land, character, location 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 necessary in the public interest to pass a Restricted Area By-law in order to regulate the use of land and the erection and use of buildings and structures; AND WHEREAS authority is granted under Section 34 of the Planning Act, 1983 to pass this By-law. NOW THEREFORE the Council of The Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: SECTION 1 - INTERPRETATION AXE) ADMINISTRATION 1 . 1 TITLE This By-law shall be known as the "Restricted Area ( 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 Municipality as now or hereafter are legally constituted. 1 . 3 SCOPE No lands shall be used and no buildings or structures 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. 1 r : . 4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By- law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience and general welfare of the inhabitants of the Municipality. 1 . 5 MEANING OF USE Unless the context otherwise requires, the expressions "use" or "to use" in this By-law include anything done or permitted by the owner or occupant of any land or building, directly or indirectly, or by or through any trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land or building. 1 . 6 MEANING OF SHALL In this By-law, the word "shall" shall always be construed as mandatory. 1 . 7 NUMBER AND GENDER In this By-law, unless the contrary intention appears, 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 Clerk and/or such other person or persons as the Council of the Village of Port Burwell designates. 2 1 . 9 INSPECTION OF PREMISES The Building Inspector, or any other person acting under the direction of Council , may, at any reasonable hour, enter and inspect a property or premises where there is reason to believe that any land has been used or any building or structure has been erected, altered or enlarged or used in violation of any of the provisions of this By-law. 1 . 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 metric units of measure, showing the true dimensions of the lot proposed to be built upon or otherwise developed, the proposed location, grade or height and dimensions of the building or work in respect of which the permit is applied for and the location on such lot of every existing building, together with a statement, signed by the owner, disclosing the exact use proposed for each building aforesaid and give all information necessary to determine whether or not such building and the proposed use thereof conform with the requirements of this By-law. 1 . 11 IJICENCES AND PERMITS No municipal permit, certificate or licence shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlarge- ment or use of any building or structure that is in violation of any provisions of this By-law. 3 1 . 12 BUILDING TO BE MOVED 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 Clerk and/or such other person or persons, as the Council of the Village of Port Burwell designates. 1 . 13 REMEDIES Where any building is or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer, or of the Council of the Municipality pursuant to the provisions of the Planning Act, 1983 , as amended from time to time. 1 . 14 REPEAL OF EXISTING BY-LAWS All previous by-laws passed by the Municipality under Section 34 of the Planning Act, 1983 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 . 15 APPLICATION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any By-law of the Municipality in force from time to time or the obligation to obtain any licence, permit, authority or approval required under any By-law of the Municipality. 4 1 . 1f VALIDITY Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 5 SECTION 2 - DEFINITIONS For the purposes of this By-law , the definitions and interpretations given herein shall govern. Those terms used in this By-law and not specifically defined below, shall be defined by the most current edition of Webster's Dictionary. 2. 1 ACCESSORY, when used to describe a use, building or structure, shall mean a use, a building or a structure that is normally incidental , subordinate and exclusively devoted to a main use, building or structure and that is located on the same lot therewith and includes a private detached garage and a dock. 2. 2 AGRICULTURAL USE, shall mean the cultivation of land, the production of crops and the selling of such product on the premises, and the breeding, raising and care of livestock and the selling of such livestock or the product of such livestock raised on the premises and, without limiting the generality of the foregoing, includes animal husbandry and the raising and harvesting of field, bush or tree crops, truck gardening, nurseries and greenhouses. 2 . 3 ALTER, when used in reference to a building or structure or part thereof, shall mean to change the use or the 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 to 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 alienation of any portion of said lot or otherwise. 6 2 . 4 APARTMENT BUILDING, shall mean a building that contains four (4 ) or more dwelling units which units have one or more common entrances from street level and are served by a common corridor and the occupants of which units have the right to use in common the corridors, stairs, elevators, yards or one or more of them. 2 . 5 ASSEMBLY HALL, shall mean a building or part thereof in which facilities are provided for such purposes as meet- ings for civic, educational , political , recreational , religious or social purposes and, without limiting the generality of the foregoing, may include such facilities as a banquet hall or private club. 2 . 6 ATTACHED, shall mean a building otherwise complete in itself , which depends for structural support or complete enclosure, upon a division wall or roof shared in common with an adjacent building or buildings. 2 . 7 AUTOMOBILE BODY REPAIR SHOP, shall mean a building or structure used primarily for making repairs or alterations to the body or paint work of any vehicle. 2 . 8 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 .9 AUTOMOBILE SERVICE STATION or SERVICE STATION, shall mean a building or part of a building or a clearly defined space on a lot used primarily for the retail sale of lubricating oils, gasoline, diesel fuel and propane for motor vehicles and may include the sale of automobile accessories and the servicing and repairing essential to the operation of motor vehicles. 7 2 . 10 BASEMENT, shall mean that portion of a building between two (2) floor levels which is partly underground, but has one-half or more of its height from finished floor to finished ceiling above adjacent finished grade. 2 . 11 BED AND BREAKFAST LODGING, shall mean a dwelling unit or part of a dwelling unit used for the purpose of catering to the needs of the travelling public, by supplying food and furnishing sleeping accommodations. 2 . 12 BOARDING HOUSE, ROOMING HOUSE or TOURIST HOME, shall mean a building or portion thereof in which the proprietor supplies to other persons for hire or gain, lodging, meals or both, but shall not include a hotel , motel , hospital , group home, crisis residence, institution or restaurant accommodating the general public. 2 . 13 BOATHOUSE, shall mean a structure constructed for the purpose of storing boats and accessories but it shall not include a dwelling. 2 . 14 BUFFER STRIP, shall mean an area of land used for no other purpose than for the erection of a fence or the planting and maintaining of a continuous row of natural evergreens or a continuous unpierced hedgerow of natural shrubs and the remainder of which is to be used for landscaping. 2 . 15 BUILDING, shall include any structure whether temporary or permanent, used or intended for sheltering any use or occupancy, but shall not include a boundary wall or fence. 2. 16 BUILDING AREA, shall mean an area within which permitted buildings or other structures may be erected, used and maintained and shall be calculated by deducting all appro- priate yard areas and setbacks from the gross lot area. 2 . 17 BUILDING BY-LAW, shall mean any building by-law within the meaning of the Planning Act, 1983 . 8 2 . 18 BUILLIINSPECTOR, shall mean the or employees the MunicipalityNG for the time being chargedofficer with the duty of enforcing the provisions of the Building By-law. 2 . 19 BUILDING LINE, shall mean a line within a lot drawn parallel to a lot line; it establishes the minimum distance between the lot line and any building or structure which may be erected. Where the lot line is a curve, the 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 (2 ) points on a curve. 2 . 20 BUILDING LINE, ESTABLISHED, a building line shall be considered to be established between existing buildings where at least five main buildings have been erected on any one side of a continuous 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. 21 BULK SALES ESTABLISHMENT, shall mean the use of land for the purpose of storing, buying and selling coal , fuel oil , propane, wood, lumber, building materials, ice and allied chemicals , but does not include any manufacturing, assembling or processing uses. 2 . 22 CAMPGROUND, shall mean a use consisting of at least five ( 5) camping sites, licensed under the provisions of the Municipal Act, R.S.O. , 1983 and comprising land used or maintained for seasonal recreational activity as grounds for the camping or parking of a tent, motor home, travel trailer, or truck camper, but not a mobile home. 2. 23 CARPORT, shall have the meaning attributed to it in the definition of GARAGE PRIVATE or CARPORT. 9 2 . 24 CELLAR, shall mean that portion of a building between two (2) 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. 2 . 25 CHURCH or PLACE OF WORSHIP, shall mean a building dedicated to religious worship and may include, but is not limited to, a church hall, church auditorium, Sunday school , parish hall , church day nursery, synagogue and temple. 2 . 26 CLINIC, shall mean a building or structure that is used or intended for use by one or more physicians, dentists, chiropractors and/or drugless practitioners or any one or more of them, as well as their staff and patients, for the purpose of consultation, diagnosis and office treatment. 2 . 27 COMMERCIAL USE, shall mean the use of land or buildings for the purposes of buying and/or selling and/or leasing commodities and supplying services. 2 . 28 COMMUNITY CENTRE, shall mean a building used primarily for community activities and occasionally for commercial pur- poses (not more than an average of once per week) , the control of which is vested in the Municipality, a local board or trustees. 2 . 29 COVERAGE, shall mean the combined area of all buildings or structures on the lot measured at the level of the lowest storey above grade, including all porches and verandas open or covered, but excluding open, unenclosed terraces at grade, steps, cornices, eaves, bay windows, chimney breasts , corbelling and similar projections open parking areas and outdoor swimming pools. 2. 30 CRISIS RESIDENCE, shall mean a use which is licensed or funded by the Province of Ontario for the short-term (averaging 30 days or less) accommodation of three ( 3) to ten ( 10) persons, exclusive of staff , living under 10 supervision in a single housekeeping unit and who by reason of their emotional , developmental , social or physical condition or legal status, require a group living arrangement for their well-being. 2. 31 DOCK, shall mean a structure on land or in the water to be used for transferring goods or passengers to or from a boat or airplane. 2 . 32 DWELLING, shall mean a building, or part of a building, occupied or capable of being occupied, in whole or in part, exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses, rooming houses, motels, group homes or crisis residences. 2.33 DWELLING, BLOCK TOWNHOUSE, shall mean a townhouse dwelling that is part of a condominium, co-operative or rental project with a private internal traffic circulation system or direct access from a public street. 2 . 34 DWELLING, CONVERTED, shall mean a dwelling originally designed as a single family dwelling unit, which because of size or design, is or can be converted by partition and the addition of sanitary facilities and cooking facilities into more than one dwelling unit. 2 . 35 DWELLING. DUPLEX, shall mean a building that is divided horizontally into two ( 2) separate dwelling units each of which has an independent entrance either directly or through a common vestibule. 2.36 DWELLING, DOUBLE DUPLEX, shall mean two ( 2) attached duplex dwellings. 11 2 . 37 DWELLING, MODULAR, shall mean a prefabricated single detached dwelling transported to the building site in two ( 2) or more parts which are joined and placed on a permanent wooden, concrete or mortared concrete block foundation and being so constructed or assembled that the shortest side of such dwelling is not less than 6 . 0 metres in width. 2 .38 DWELLING, MULTIPLE, shall mean the whole of a dwelling used, designed or intended to be used for occupancy as three ( 3 ) or more separate dwelling units. This definition shall not include any dwelling or building otherwise defined or specifically named elsewhere in this By-law. 2 . 39 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. 2.40 DWELLING, SEMI-DETACHED, shall mean a building that is divided vertically into two dwelling units each of which has an independent entrance whether directly or through a common vestibule and which has no direct access between the two (2) units. 2.41 DWELLING, SINGLE DETACHED, shall mean a building used, designed or intended to be used for occupancy as a single dwelling unit. This definition shall not include a mobile home, as defined herein. 2 .42 DWELLING STACKED TOWNHOUSE, shall mean a townhouse dwelling with dwelling units also divided horizontally, each of which has an independent access from the outside ground level or through a common entrance hall . 12 2 . 43 DWELLING. TOWNHOUSE or ROWHOUSE, shall mean a building containing three ( 3) or more attached dwelling units with a common masonry wall dividing each of the abutting dwell- ing units vertically and each of which has an independent entrance from the outside. 2 . 44 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 . 45 DWELLING, TWO FAMILY , shall mean a building used, designed or intended to be used for occupancy as two (2) independent dwelling units and includes a duplex dwelling or semi-detached dwelling. 2 . 46 DWELLING UNIT, shall mean one or a suite of two (2) or more habitable rooms occupied or designed to be occupied by an individual or family as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such individual or family, with a private entrance from outside the building or from a common hallway or stairway inside the building. 2 .47 DWELLING UNIT. BACHELOR, shall mean a dwelling unit con- sisting of one ( 1 ) bathroom and not more than one (1) habitable room, providing therein living, dining, sleeping and kitchen accommodation. 2 . 48 EASEMENT, shall have the meaning attributed to it in the definition of RIGHT-OF-WAY or EASEMENT. 13 2 . 49 EATING ESTABLISHMENT, shall mean a building or part of a building where food is offered for sale or sold to the public for consumption, and includes such uses as a restaurant, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar, refreshment room or stand, drive-in eating establishment, or take-out eating establishment; but does not include a boarding house. 2 . 50 ERECT, shall mean to do anything, including the erection, building , construction, reconstruction, installation, enlargement, extension or material alteration or repair of a building or structure and shall include the relocation of a building or structure, the installation of a building unit fabricated or removed from elsewhere and the demolition or removal of a building or any part thereof . "Erected" and "erection" shall have corresponding meanings. 2 . 51 EXISTING, shall mean existing as of the date of the final passing of this By-law. 2 . 52 FAMILY , shall mean an individual , or group of persons who occupy a dwelling unit and who live together as a single housekeeping unit and which may include not more than two (2) persons who receive their lodging, board or both or other domestic services for compensation. 2 . 53 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. 14 2 . 54 FLfloorsof OOR AREA, shabuildlingl mean the sum ofstructure the areas of measured allfrom of the a or e outside of all outside walls, exclusive of any attached accessory building, terrace, veranda, unfinished attic, basement, cellar, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. 2. 55 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, veranda, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. 2 . 56 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a building designed for the storage of 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 accessory building. 2 . 57 GARAGE, PUBLIC or SERVICE STATION, shall mean a building or structure which is used for the repair or storage of motor vehicles for remuneration. It may include an auto- mobile body repair shop and may include a gas bar. 2 . 58 GAS BAR, shall mean a lot containing gasoline, diesel fuel or propane dispensing devices and a structure used for the sale of fuel and lubricants for vehicles. 2 .59 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 . 2.60 GRADE, shall mean the average level of finished ground adjoining a building at all exterior walls. 15 2.61 GROUP HOME, shall mean a single housekeeping unit in a residential dwelling in which three to ten persons , excluding supervisory staff and the receiving family, live as a family under responsible supervision consistent with the particular requirements of its residents. The home shall be in compliance with Municipal by-laws and shall be licensed and/or approved for funding under Provincial statutes as one of the following: a) Accommodation Services for the Developmentally Hand- icapped, as defined in the Homes for Retarded Persons Act, R.S.O. 1980, c. 201 , R.R.O. 500, as amended and the Developmental Services Act, R.S.O. 1980 , c. 118 , R.R.O. 242, as amended; b) Satellite Residences for Seniors, as defined in the Homes for the Aged and Rest Homes Act, R.S.O. 1980, c. 203 , R.R.O. 502, as amended; c) Children's Residences, as defined in the Children's Residences Services Act , R. S.O. 1980 , c. 71 , R.R.O. 101 , as amended; d) Homes for Special Care - Residential , as defined in the Homes for Special Care Act, R.S.O. 1980, c. 202 , R.R.O. 501 , as amended; e) Supportive Housing Programs: Adult Community Mental Health Program, as defined in the Ministry of Health Act, R.S.O. 1980, c. 280, R.R.O. 661 , as amended; and f) Approved Homes, as defined in the Mental Hospitals Act, R.S.O. 1980, c. 263 , R.R.O. 611 , as amended. 2 . 62 HAZARD LAND, shall mean land which exhibits, or potentially exhibits, a hazardous condition as a result of its susceptibility to flooding, erosion, subsidence, inundation, or the presence of organic soils or steep 16 ILLUSTRATION OF slopes, the cost of construction of satisfactory BUILDING H E I G I I T waterworks, sewage or drainage facilities is prohibitive. 2.63 HEIGHT, when used with reference to a building or DEFINITION structure shall mean the vertical distance in metres between the horizontal plane through the established grade I C-J and a horizontal plane through: H FLAT FRONT SIDE ROOF a) the highest point of the roof assembly in the case of ___ __ Y a building with a flat or deck roof; RIDGE /2 Y l b) the average level of a one slope roof, provided that ,,,'''''-'%%%%'`,Y2__ ` EAvE a roof having a slope of less than 20 degrees with H I GABLE ROOF FRONT y the horizontal shall be considered a flat roof; SIDE RIDGE c) the deck roof line, in the case of a mansard roof; diggillik /2 „ and _ HIP H ROOF d) the average level between eaves and ridges in the FRONT SIDE case of a roof type not mentioned in subsections a), RIDGE b) and c) immediately preceding. ,..l/2, 1/2. „ ll 1 EAVE 2.64 HIGHWAY, shall have the same meaning attributed to it in H GAMBREL the definition of street. ROOF FRONT Y SIDE RIDGE 2.65 HOME INDUSTRY, means a gainful occupation including an _ ROOF DECK LINE animal hospital, furniture and/or woodworking shop, window _R frame shop, welding shop, machine shop, automotive service MANSARD and repair, appliance service and repairs, carpentry H ROOF business, bait and tackle business, electrical service and FRONT Y SIDE repairs, electrician, plasterer, painter or plumber RIDGE conducted in whole or in part in an accessory building to 1/21 „ AIM a single family dwelling by at least one (1) of the 1/23L ONE residents of the dwelling unit. H SLOPE FRONT Y SIDE ROOF H- HEIGHT OF BUILDING NOTE: The above illustration Is for clorilicotion and convenience only and does not lorm port of this By-la.. 17 18 2 . 66 HOME OCCUPATION, shall mean the use of a part of a dwelling unit for an occupation which provides gain or support for at least one of the permanent residents of such dwelling unit and which is clearly secondary to the main use of the dwelling unit. The home occupation uses permitted are dressmaking, molding, painting, sculpting, weaving, baking and instruction in arts, crafts, dancing or music. 2 .67 HOME PROFESSION, shall mean the use of a part of a dwelling unit in which legal , medical , planning, engineering, architectural , accountant, surveyor, dentist, denturist, chiropractor, real estate, hairdressing, barber and manicurists' services are performed by at least one (1 ) of the permanent residents of such dwelling unit and which is clearly secondary to the main use of the dwelling unit. 2.68 HOTEL, shall mean any hotel , tavern, inn, lounge or public house in one (1) main building or in two ( 2 ) or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnishing sleeping accommodation of not less than six (6) guest rooms, and shall include all buildings liable to be licensed under the Liquor Licence Act, R.S.O. , 1980 and operating under the Tourist Act, R.S.O. , 1980 , as revised or amended from time to time. 2.69 INDUSTRIAL USE, shall mean the use of land, buildings or structures primarily for manufacturing, processing of goods or raw materials , warehousing and bulk storage of goods and repair and servicing of goods, including transportation terminals , but excluding retail sale on the premises, excepting accessory retail uses. 2.70 PNSTITUTIONAL USE, shall mean the use of land, buildings or other structures for some public or social purposes and may include governmental , religious , educational , charitable, philanthropic, hospital or other similar uses. 19 2.71 KENNEL, ANIMAL, shall mean any lot, building or structure on or within which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment, but does not include a veterinary clinic or animal hospital . 2.72 LANE, shall mean a public thoroughfare or way, not more than 9.0 metres wide, which affords only a secondary means of access to abutting lots. 2 .73 LANDSCAPED AREA, shall mean an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation and appurtenances, but does not include parking areas, parking lots, driveways or ramps. 2.74 LOADING SPACE, shall mean a space or bay located on a lot which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods , merchandise or materials used in connection with the main use of the lot or any building thereon, and which has unobstructed access to a street or lane. 2. 75 LOT, shall mean a parcel or tract of land which is capable of being legally conveyed in accordance with O the Planning Act, 1983 , as amended or revised from time to time. 2 . 76 LOT AREA, shall be the total horizontal area within the lot lines of a lot. 20 ILLUSTRATION OF LOT DEFINITIONS - Aid-point of / front lot line LOT DEPTH -,„,.. Front and rear lot lines ore not parallel .° .s. �a 0 Mid-point of Apex of rear lot line triangle formed by Mld-point of the side front lot line Z lot lines ' Distance specified �o . Mid-point In the By-low OeQt� front ' Jot line 41111 Side lot line LOT DEPTH Lot frontage measured on o tine No rear lot line perpendicular to the line joining the mid-point front lot line to I apex of triangle formed by /, �the side lot the Front Lol line LOT FRONTAGE No rear lot lineI . Lot Depth MUM ' THROUGH LOT Rear Lot Line Lot frontage measured on INTERIOR INTERIOR line perpendicular to line joining mid-points of front ( LOT LOT LOT DEPTH and rear lot lines Front and rear lot ' CORNER CORNER lines ore parallel Front Side LOT LOT tot line lot line• 1'�+ Mid-pointilb - — -— \ 09,1, of front . 11 lot lot line Mid-point of \(0l Side rear lot line lot line Distance specified in By-low Front LOT FRONTAGE Lot frontage 1 lotSidiee Lot lines are not parallel lot Tangents to max. line J street lines 135' LOT CORNER drown through Maximum extremities of Corner lot, straight sides 135: interior lot line LOT CORNER Corner Corner tot, curved sides NOTE: The above illustration is for clorilicolion and convenience only and does not form port of this By-lour. 21 2 . 77 LOT, CORNER, shall mean a lot situated at the intersection of, or abutting upon, two ( 2) or more streets, provided that the angle of intersection of such streets is not more than 135 degrees and each of which is at least 10.0 metres wide. Where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines. 2.78 JOT DEPTH, shall mean the horizontal distance between the midpoints of the front and rear lot lines. Where there is no rear lot line, lot depth means the horizontal distance between the midpoint of the front lot line and the apex of the triangle formed by the side lot lines. 2 .79 LOT FRONTAGE, shall mean the horizontal distance between the side lot lines of a lot measured at right angles; where the side lot lines are not parallel , the lot frontage shall be measured perpendicularly to the line joining the midpoint of the front and the midpoint of the rear lot lines or apex of the triangle formed by the side lot lines at a point back from the front lot line which is equal to the depth of the required front yard in that Zone; where the side lot lines are curved, the lot frontage shall be measured along the line between the interior side lot line and the intersection of the tangents to the street lines , drawn through the extremities of the front lot line and exterior side lot line. 2 . 80 J.OT, INTERIOR, shall mean a lot other than a corner lot which is situated between adjacent lots and has access to one street. 22 2.81 LOT LINES, shall mean the boundary lines of a lot defined as follows : (a) Front Lot Line shall mean: (i ) in the case of an interior lot, the lot line dividing the lot from the street; (ii) in the case of a corner lot, the shorter lot line abutting the street, unless each lot line is of equal length in which case the front lot line shall be the lot line from which the principal access to the lot is provided; (iii) in the case of a through lot, the front lot line shall be the lot line where the principal access to the lot is provided; (iv) in the case of a lot fronting on a navigable waterway, whether access is gained to the lot from a public street or not, the front lot line shall be the lot line closest to or adjacent to the navigable waterway. Such line shall be determined by joining the points of intersection of the side lot lines and the high water mark or the landward side of the shoreline reserve. (b) Rear Lot Line shall mean the lot line farthest from and opposite to the front lot line. (c) Side Lot Line shall mean a lot line other than a front or rear lot line. 2.82 LOT. THROUGH, shall mean a lot bounded on two ( 2) opposite sides by streets each of which is at least 10.0 metres wide, provided, however, that if any lot qualifies as 23 being both a corner lot and a through lot, such lot shall be conclusively deemed to be a corner lot. 2 .83 MAIN BUILDING, shall mean the building or structure in which is conducted the principal use for which the lot is used. 2.84 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 . 2.85 MOBILE HOME , shall mean a building or structure 18.0 metres in length or longer, with floor area in excess of 65.0 square metres, but not greater than 98 square metres that is designed to be made mobile, either on its own wheels , on a flatbed, in or on other trailers or on detachable wheels and that is constructed, fabricated or manufactured so as to be transported thereafter and so as to provide a permanent residence or dwelling unit for one (1 ) or more persons, except to the extent of minor and incidental unpacking and assembly operations, placement on a stand or connection to utilities , but does not include a travel trailer or tent trailer or trailer otherwise designed. 2.86 MODULAR HOME, DOUBLE WIDE OR TWIN-WIDE, shall have the meaning attributed to it in the definition of DWELLING. MODULAR. 2 .87 MOBILE HOME PARK, shall mean a lot or part of a lot which is designed, used or intended for use for the placement of mobile homes , and which consists of a group of not less than ten ( 10) mobile home sites which are connected to a public water supply and public sanitary sewer and shall include any building, structure or use permitted thereon by this By-law. 24 2. 88 MOBILE HOME SITE, shall mean a parcel of land within a mobile home park which is serviced and intended for the placement of one (1) mobile home. 2. 89 MOBILE HOME SUBDIVISION, shall mean a parcel of land which has been planned and approved in accordance with Section 50 of the Planning Act, 1983 for the placement of mobile homes, and which consists of individually serviced lots, and shall include any building, structure or use permitted thereon by this By-law. 2.90 MOTEL, shall mean one building, or two (2) or more detached buildings, used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation with or without supplying food and shall include a motor court, auto court and all buildings liable to be licensed under the Liquor Licence Act, R.S.O. , 1980, as amended from time to time. 2. 91 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. 2.92 MOTOR VEHICLE, shall mean a wheeled self-propelling vehicle for the transportation of passengers and goods, without limiting the generality of the foregoing, includes automobiles, trucks, buses ambulances hearses, motor homes and tractors. 2 .93 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. 25 2.94 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. 2.95 MUNICIPALITY, shall mean The Corporation of the Village of Port Burwell . 2. 96 NON-COMPLYING, shall mean a use, building or structure which is existing but does not meet, comply or agree with the regulations of this By-law, but is a permitted use, building or structure within the zone in which it is located. 2 .97 NON-CONFORMING, shall mean a use, building or structure which is existing but which is not permitted in the zone in which it is located. 2. 98 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 .99 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 . 100 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary basis. 26 2. 101 OFFICE.building GENERAinL,which or shall meanmore persons any building or employed part in ofthe a one are management , direction or conducting of an agency, business, labour, or fraternal organization, but excludes such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. 2.102 OFFICE PROFESSIONAL, shall mean any office used by professionally qualified persons, for the purposes of giving advice, consultation or treatment to clients or patients. 2.103 OIL, shall mean crude oil, and includes any hydrocarbon that can be recovered in liquid form from a pool through a well . 2.104 OPEN STORAGE, shall mean the storage of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to the air on one (1) or more sides. 2. 105 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. 106 OWNER, shall mean the person who holds legal title to a parcel of land. 2. 107 PARK. PUBLIC, shall mean a park controlled or owned by the Municipality or a public authority and which is normally open to the public. 2. 108 PARKING LOT or PARKING AREA, shall mean an area for the parking of vehicles and may include aisles, parking spaces and related entrance and exit lanes, but shall not include any part of a street. 27 • 2 . 109 PARKING SPACE, shall mean an area 2 .7 metres by 6.0 metres enclosed in a building, or unenclosed, and set aside for the temporary storage of a vehicle. 2.110 PARK 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 . 111 PERMITTED, shall mean permitted by this By-law. 2.112 PERSON, shall include an individual , an association, a firm, a partnership or a corporation. 2. 113 PIT, shall mean a place where unconsolidated gravel , stone, sand, earth, clay, fill , mineral or other material is being or has been removed by means of an open excavation, and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing, and other similar operations, together with required buildings and structures. 2.114 PUBLIC AUTHORITY, shall mean any Federal or Provincial agency, school board , public utility commission , transportation commission, public library board, board of parks management, board of health, board of commissions of police, planning advisory committee or other board or commission or committee or 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 the Municipality or any portion thereof and includes any committee or local authority established by By-law of the Municipality. 2 .115 PUBLIC SERVICES, shall mean the buildings, structures and other related works necessary for supplying water, gas, oil , electricity, steam, hot water, telephone services, telecommunication services , sewage collection and 28 treatment facilities and other services provided by a public authority. 2 .116 QUARRY, shall mean a place where consolidated rock has been or is being removed by means of an open excavation, and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing, and other similar operations, required buildings and structures. 2 . 117 RESIDENTIAL USE, shall mean the use of a building or structure or parts thereof as a dwelling. 2. 118 RESTAURANT, shall mean an establishment or part thereof that is engaged in providing refreshments or meals to order for consumption on the premises within a building and which may include table service on an accessory exterior, patio, walk, deck or veranda. A restaurant may serve alcoholic beverages if licensed under the Liquor Control Act. A restaurant includes such uses as a cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, or coffee shop. A restaurant does not include a drive-in eating establishment, snack bar or refreshment stand. A take-out eating establishment may be established as an accessory use to a restaurant. 2 .119 RETAIL OR SERVICE STORE, shall mean a building or part of a building where goods, wares, merchandise, articles or things are offered or kept for sale at retail and/or for lease and includes storage on or about the store premises . A retail or service store shall not include businesses engaged in manufacturing on the premises , unless such manufacturing is accessory to the retail business, does not exceed 50 percent of the net floor area, and the products manufactured are primarily for sale at retail on the premises. 29 2. 120 RIGHT-OF-WAY or EASEMENT, shall mean any right, liberty or privilege in, over, along or under land which a person may have with respect to any land in the Municipality. 2. 121 ROAD, shall have the meaning attributed to it in the definition of STREET, HIGHWAY OR ROAD. 2. 122 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. 123 SCHOOL, shall mean any school established and maintained by the Elgin County Board of Education or the Elgin County Roman Catholic Separate School Board. 2 . 124 SCHOOL. PRIVATE, shall mean an educational or training establishment which is not under the jurisdiction of a Board, as defined by the Education Act, as amended from time to time. 2 . 125 SENIOR CITIZEN HOME, shall mean a building which provides accommodations designed, intended and/or used for persons sixty (60) years of age or over. 2 . 126 SERVICE SHOP, shall mean any building or part thereof where appliances and machinery are sold, serviced, or repaired and includes building trades establishments but excludes any manufacturing, processing or wholesaling. 2 . 127 SETBACK, shall mean the horizontal distance between the nearest part of any main wall of any building or structure and the centre line of a street allowance measured at right angles to such centre line. 2 . 128 SETBACK FROM WATER, shall mean the horizontal distance between the normal or controlled high water mark of any 30 navigable waterway and the nearest part of any main wall of any building or structure. 2. 129 SHOPPING CENTRE, shall mean a building or group of build- ings, planned, designed, developed or managed as a unit, having off-street parking provided on the same lot and which building or buildings contain three ( 3) or more retail stores, services and offices. 2.130 STOREY, shall mean that portion of a building: (a) which is situated between the surface of any floor and the surface of the floor next above it and if there is no floor above it, that portion between the surface of any floor and the ceiling above it; (b) which is more than 50 percent above the average finished grade; and (c) which has a height of not less than 2.0 metres and includes an attic having not less than 2 .0 metres headroom for at least 50 percent of the attic floor area. 2 . 131 STOREY. FIRST, shall mean the lowest storey of a building whereby more than 50 percent of the storey is above finished grade. 2.132 STOREY, HALF, shall mean the portion of a building located wholly or partly within a sloping roof, having side walls not less than 1.0 metre in height and the ceiling with a minimum height of 2 . 3 metres over an area equal to at least 50 percent of the area of the floor next below. 2. 133 STREET, HIGHWAY OR ROAD, shall mean a street, road or highway under the jurisdiction of the Municipality or the Province of Ontario, but shall not include a lane or private right-of-way. 31 2 .134 STREET LINE, shall mean the boundary between a street, road or highway and a lot. 2. 135 STRUCTURE, shall mean anything that is erected, built or constructed of parts joined together and which is fixed to or supported by the soil but not a terrace, patio, sign, boundary wall , fence, clothes pole, or parking area or lot but shall include a parking structure or garage. 2.136 TAVERN, shall mean a building where alcoholic beverages are sold to be consumed on the premises and shall include all such buildings operating or liable to be licensed under the Liquor Licence Act, R.S.O. , 1980, as amended from time to time. 2. 137 TOURIST COMMERCIAL, shall mean a use or establishment which provides goods, lodging or meals to the vacationing public. 2.138 TRAILER, shall mean a 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 and includes a vehicle capable of being used for the temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. This definition shall not include a mobile home, as defined herein. 2.139 TRAVEL TRAILER LOT, means a parcel of land intended to be used by no more than one ( 1) travel trailer. 2.140 TRAVEL TRAILER PARK, means a parcel of land under single ownership which provides accommodation for travel trailers. 2.141 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. 32 2 . 142 uaE, when used as a noun, shall mean the purpose for which any land, building or structure is designed, used or intended to be used. 2. 143 USE. CONTINUOUS, in the context of Section 4.7 - NON- CONFORMING USES, shall mean the continuous use of any lot, building or structure notwithstanding a change of ownership of the property where the use is located. Use shall further be deemed to be continuous if , after having ceased, the same use recommences within a period of one (1) year from the date of cessation and/or if a structure is destroyed or damaged, it is rebuilt or repaired for the same use within a period of one (1) year from the date of its destruction or damage. 2 . 144 VEHICLE, includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, motorized snow vehicle and any vehicle drawn, propelled or driven by any kind of power. 2 . 145 WATER SUPPLY SYSTEM. MUNICIPAL, shall mean a publicly- owned and operated system whereby water is piped to more than one ( 1 ) dwelling unit, or to more than one (1) commercial use, or to more than one ( 1) institutional use, or combination thereof, situated on separate lots. 2 . 146 WATERFRONTAGE, means the boundary of a lot directly abutting an original shoreline reserve or a front lot line, as defined by Section 2.81 (a) . 33 . 2 . 147 YARD, shall mean a space located on the same lot as the main building or structure and which space is open, unoccupied and unobstructed from the ground to the sky except as otherwise permitted by this By-law. In determining yard measurements, the minimum horizontal distance between the main building or structure and the respective lot lines measured perpendicular from the lot line shall be used: (a) Front Yard shall mean a yard extending across the full width of a lot between the front lot line and the nearest main wall of the main building or structure on the lot; and (b) gear Yard shall mean a yard extending across the full width of a lot between the rear lot line and the nearest main wall of the main building or structure on the lot; and (c) Side Yard shall mean a yard between the side wall of the main building or structure on the lot and the side lot line and extending from the front yard to the rear yard. 34 AV ILLUSTRATION OF YARD DEFINITIONS 1 ...,,.,,...1 ,_, 1 1 V+,pi I < ) I 1V •1 I x-11 1,+N.Q I v V 1 R0. t .11.~ *MATO ,(MUM, I ALM+MO T s lr I ---�r--J----r 1 PID 1 t. 1 I r 1 /BUILDING I PO( A 1 I ---'"-')1 /2O / • (M (I ,a t�.w o.VIr no K �+ '� I BUILDING 1 lJ l -e V 0041 It I,b 31 A t 1- f 1- 1 wo o .1 ..n n,...y Pp..+M, .+w.+, IE,.OI *VW+M IIY'�' IIW1' ,i .l,M, I1 mmwanalu+w mnoarrinwr+ ------ NOTE: The above 8lustrotion is for clortllcotion and convenience only and does not form port of this By-low. / 35 TION 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 said Zoning Map shall be divided into the following zones: ZONE SYMBOL Residential Zone 1 R1 Residential Zone 2 R2 Residential Zone 3 R3 Mobile Home Residential Zone R4 Resort Residential Zone RC General Commercial Zone Cl Tourist Commercial Zone C2 Downtown Commercial Zone C3 Industrial Zone M Institutional Zone I Open Space Zone OS Hazard Land Zone HL Proposed Development Zone PD 3 . 2 USE OF ZONE SYMBOLS The symbols listed in Section 3 . 1 shall be used to refer to land, buildings and structures and the uses thereof permitted by this By-law in the said Zones, and wherever in this By-law the word "zone" is used, preceded by any of the said symbols, such zones shall mean any area within the Village of Port Burwell delineated on the Zoning Map and designated thereon by the said symbol . 36 - 3 . 3 HOLDING ZONES In any zone which is accompanied by the holding symbol "h" , the uses normally permitted by that zone for lands, buildings or structures may only be allowed when the holding symbol is removed by amendment to this By-law or any subsequent holding by-law. Permitted uses, when the holding symbol (h) is applied, are limited to those which existed on the date when the holding by-law was passed. 3 .4 APPLICATION OF REGULATIONS No person shall within any of the zones of the municipality use any land or erect, build, • construct, reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or structure, except in conformity with this By-law for the zone in which such land, building, structure or use is located. 3 . 5 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 Map, the following shall apply: (a) unless otherwise shown, the boundaries of the zones, as shown on the Zoning Map, are the centre lines of the road allowance or lot lines and the projection thereof; (b) where zone boundaries are indicated as approximately following lot lines, shown on a registered plan of subdivision, such lot lines shall be deemed to be the said boundary; (c) where zone boundaries are indicated as approximately parallel to the line of any street and the distance from such street is not indicated, such zone boundaries shall be construed as being parallel to 37 such street and the distance therefrom shall be determined by the use of the scale shown on the Zoning Map; (d) unless otherwise indicated, a street, lane, railroad or railway right-of-way or watercourse included on the Zoning Map, is included within the Zone of the adjoining property on either side thereof; and where such street, lane, right-of-way, or watercourse serves as a boundary between two ( 2 ) or more different zones, a line midway in such street, lane, right-of-way or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones, unless specifically indicated otherwise; (e) in the event a dedicated street, lane or right-of-way shown on the Zoning Map is closed, the property formerly in said street, lane or right-of-way shall be included within the zone of the adjoining property on either side of the said closed street, lane or right-of-way, and the zone boundary shall be the former centre line of said closed street, lane or right-of-way; (f) where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the Zoning Map in the Office of the Clerk; and (g) wherever it occurs, the municipal limit of the Village of Port Burwell is the boundary of the zone adjacent to it. 38 SECTION 4 - ($NERAL PROVISIONS 4 . 1 APPLICATION The provisions of this section apply in all zones, except as otherwise indicated. 4. 2 STREET FRONTAGE REOUIRF.D No person shall erect any building or structure unless the lot upon which such building or structure is to be erected, except as otherwise specifically permitted in this By-law, has lot frontage upon a street which has been assumed by the Municipality, the Province of Ontario or some other road authority and is maintained by such authority in such a manner so as to permit its use by vehicular traffic, provided that a building or structure may be erected upon a lot within a registered plan of subdivision in accordance with the provisions of a subdivision agreement in respect of such plan of subdivision, notwithstanding that the streets within such plan of subdivision have not been assumed and are not being maintained by the Municipality. 4 . 3 STRUCTURES IN WATER No person shall erect, alter or use any structure located in a navigable watercourse, except in compliance with the Beds of Navigable Waters Act, R.S.O. , 1980, the Lakes and Rivers Improvement Act, the Navigable Waters Act or other applicable Act or legislation as amended from time to time. 39 I 4 . 4 YARD AND OPEN SPACE PROVISION FOR ALL ZONES No part of a yard or other open space required, abutting 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 . 5 TEMPORARY CONSTRUCTION USES The temporary use of buildings and structures incidental and necessary for lawful construction work will be permitted in all zones, but only for so long as the same are necessary for construction work. 4 .6 NON-COMPLYING USES Where an existing building is located on a lot having less than the minimum frontage or area required by this By-law, or having less than the minimum setback, front yard, side yard or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: (a) the use, enlargement, reconstruction, repair or renovation does not further reduce a setback, front yard, side yard or rear yard having less than the minimum required by this By-law; and (b) all other applicable provisions of this By-law are complied with. 4 . 7 NON-CONFORMING USES (a) The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the date of final passing of this By-law, 40 providing such use has been continuous since that date, NOR to prevent the erection or use of any building or structure for any purpose prohibited by this By-law, the plans for which have, prior to the date of the passing of the By-law, been approved by the Municipality 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 structure is commenced within one year after the date of the passing of the By-law and such building or structure is completed forthwith after the erection thereof is commenced and provided the permit has not been revoked under the Building Code Act. (b) Where, for any reason, the use of land, building or structure for a use not permitted by this By-law, but which was in existence on the day of the passing of this By-law, has ceased and is not resumed within a 12-month period of the date of ceasing, such non- conforming use shall not be resumed and any future use of the land, building or structure shall be in conformity with the provisions covering the zone in which the land, building or structure is located. 4 .8 EXISTING LOTS An existing vacant lot having less than the minimum frontage, depth or area required by this By-law may be developed for all uses in the appropriate Zone provided all other regulations of this By-law are satisfied: (a) such lots are serviced by public water supply and public sanitary sewer disposal facilities; and 41 4 (b) if access is only by an existing, private right of way, development may occur if permission is granted, in writing, for the use of the right-of-way from both the Village and the holder of title of the right-of- way. 4 .9 HAZARDOUS AREAS Buildings and structures for uses, permitted by this By- law, are permitted if and only to the extent permitted by the regulations made under the Conservation Authorities Act, R.S.O. , 1980, as amended from time to time. 4 . 10 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 accessory buildings shall be permitted in accordance with Section 4 . 26 and those structures listed in the following table shall be permitted to project into the yards indicated for the distances specified: Yard in which Max. Projection projection is from main wall Structure permitted permitted Sills, belt courses, Any yard 0. 5 metres cornices, eaves, gutters, chimneys or pilasters Fire escapes and Rear and side 1 . 5 metres exterior staircases yards only Window bays and awnings Front, rear, exterior 1 .0 metre side yards only 42 Balconies Front and rear yards 2.0 metres only for all types of dwellings, except apartment buildings; any yard for apart- ment buildings Open, roofed porches Any Yard 2.5 metres not exceeding one (1) including storey in height; eaves and covered terraces cornices Clothes poles, signs, Any Yard garden trellises, light standards and similar accessories 4.11 PERMITTED PUBLIC USES Notwithstanding anything else in this By-law, the provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Province of Ontario, The Corporation of the Village of Port Burwell or by any local board thereof, as defined by the Municipal Act, R.S.O. , 1980, or as amended from time to time, Ontario Hydro and utility companies, provided that: (a) the lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located are complied with; (b) no goods, material or equipment are stored in the open in a residential zone, or within 60.0 metres of a residential zone; 43 (c) any building erected in a residential Zone under the authority of this paragraph is designed and maintained in general harmony with residential buildings of the type permitted in the said residential zone; and (d) any parking and loading regulations are complied with. 4 . 12 MOBILE HOMES PROHIBITED It shall be prohibited to locate and use a mobile home in any zone for the purposes of residential , business , industrial or institutional uses , temporarily or permanently, unless the use of a mobile home for such purposes is listed specifically in this By-law as a permitted use within a particular use zone. 4 .13 TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN HABITATION (a) Except as expressly permitted by this By-law, no truck, bus, railroad car, caboose, coach or streetcar body shall be used for human habitation, whether the same is mounted on wheels or not. (b) Except as expressly permitted by this By-law, the use of tents and trailers for human habitation is prohibited, provided, however, that this provision shall not prevent the use of tents or trailers for children's play or for picnics or for the occasional accommodation of guests for not more than one (1 ) week in any Residential Zone. (c) 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. 44 4 . 14 OCCUPANCY OF PA'TIALLY COMPLETED BUILDINGS No dwelling shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed and sanitary conveniences installed and, where applicable, kitchen and heating facilities have been installed. Any dwelling unit in an apartment building may be occupied provided that all of the above conditions are satisfied, notwithstanding the fact that one (1) or more of the dwelling units have not been completed. 4 . 15 PROHIBITED USES It shall be prohibited to use any land or to erect and use any building or other structure in any zone for the purposes of wrecking yards, salvage yards, a waste disposal site and the collection of rags, junk, refuse, or scrap metals, unless such uses are specifically listed as permitted uses within that particular zone. 4. 16 DANGEROUS USES No land, building or structure shall be used in the Village of Port Burwell for the industrial manufacture or distribution of coal oil , rock oil , fuel oil , burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely to create danger to health or danger from fire or explosion, except as otherwise specifically provided for in this By-law. 45 4 . 17 OBNOXIOUS USES Nothing in this By-law shall be oonstrued to permit the use of land for the erection or use of a building or structure for any purpose: (a) that is or is likely to become a nuisance or offensive: ( i ) by the creation of noise or vibrations; (ii) by reason of the emission of gas, fumes, dust or objectionable odour; or (iii) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter or other such material . (b) which, by its nature or by the materials used therein, is declared under the Health Protection and Promotion Act, 1983 , as amended or revised or any regulations thereunder, to be a noxious or offensive trade, business or manufacture. 4 . 18 LAND WITHOUT BUILDINGS Where land is used for or in connection with any use, but without any buildings or structures thereon, all yards required by the By-law on a lot in the respective zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such zone. 4 . 19 CORNER LOT SIGHT RESTRICTIONS Notwithstanding any other provisions of this By-law, and except in the General Commercial Zone on a corner lot, within the triangular space included between the street 46 lines for a distance of 6.0 metres from the point of intersection, no building_ or structure including a fence or sign shall be erected and no shrubs or foliage shall be planted or maintained more than 0. 8 metres high which obstruct the view of a driver of a vehicle approaching the intersection. 4.20 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 6.0 metres to either street line and no portion of any driveway shall be located closer than 9.0 metres to the intersection of the two ( 2 ) street lines or their projections. 4.21 SETBACKS ON ALL ROADS Notwithstanding any other provisions of this By-law, a building or structure in any zone on a public road allowance which is less than 20 .0 metres wide, shall be set back 10.0 metres plus the required minimum front yard for that zone measured from the centre line of the road allowance. 4 . 22 SETBACK FROM NON-NAVIGABLE WATERCOURSES AND HAZARD LAND Notwithstanding any other provisions of this By-law, a building in any zone shall not be closer than 7 . 5 metres to the top of the bank of any watercourse, or municipal drainage ditch, permanent or intermittent, which is not navigable. In the case of hazard land, no part of any building shall be constructed closer than 7 . 5 metres to the nearest point of the area to which the hazardous condition is deemed to exist. 47 4 . 23 9UFFER STRIPS (a) A buffer strip shall be used for no other purpose than for the erection of a fence or the planting of a continuous row of natural evergreens or natural shrubs, immediately adjacent to the lot line or portion thereof along which such buffer strip is required hereunder. The remainder of the strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds or a combination thereof. (b) Where a buffer strip is required in any zone, it shall be of a minimum width as specified in the regulations for that Zone. (c) A buffer strip shall be located within the zone for which it is required. (d) A buffer strip may form part of any required yard. 4 . 24 HEIGHT The height regulations of this By-law shall not apply to any ornamental dome, chimney, communications tower, storage silo, barn, cupola, steeple, church spire, water storage tank, elevator enclosure, flag pole or television or radio antennae that is less than 30.0 metres high measured from the ground. 4 . 25 HOME OCCUPATIONS, HOME PROFESSIONS OR HOME INDUSTRIES Where a home occupation, home profession or home industry is permitted in a particular zone, it shall : (a) have at least one (1) permanent resident of the dwelling unit engaged in the business; 48 (b) have no external display or advertisement, other than a non-illuminated sign which is a maximum of 0. 5 square metres and is not flashing; (c) have no external storage of materials, containers or finished products; (d) not change the character of the dwelling as a private residence or create or become a nuisance due to such matters as noise, smell , hours of operation or traffic generation; (e) not have more than two ( 2) employees in addition to the permanent resident engaged in the business; (f) not have the home occupation or home profession occupy more than 25 percent or 40 square metres whichever is lesser of the floor area of the dwelling unit including the floor area of any basement area used as living quarters and any basement area used for the home occupation or home profession; (g) have any and all parts of a home occupation or home profession use on a lot confined to a dwelling unit on the lot; (h) not exceed more than one (1) home occupation, home profession or home industry per dwelling unit or lot; (i) be conducted in whole or in part in an accessory building in the case of a home industry, except for the clerical and office functions of such home industry which may be conducted in the dwelling unit; and ( j ) provide off-street parking in accordance with the provisions of this By-law. 49 4 . 26 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, structure or use is located, and provided that the accessory building, structure or use: (a) shall not be used for human habitation, except where a residential use is a permitted accessory use; (b) 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; (c) shall not be located in the front yard or the exterior side yard, in the case of a corner lot; (d) shall not be built closer to a street than the main building is to the street, except in the case of through lots and through lots deemed to be corner lots where the accessory building shall not be closer to the street line at the rear lot than the required front yard set-back for adjacent lot; (e) shall not be built closer than 1 .0 metre to any lot line except: (i ) that common semi-detached private garages or carports may be centered on the mutual side lot line; (ii) that where a lot line abuts a lane, an accessory building or structure may be located not less than 0. 5 metre from the said lane; and (f) shall not exceed 10 percent coverage of the total lot area; 50 (g) shall not exceed 4 . 5 metres in height, or contain more than one storey, except where a dwelling unit is a permitted accessory use; (h) shall not be built within 2 .0 metres of the main building; (i) shall not be considered as an accessory building or structure if attached to the main building in accordance with the definition of "attached" ; and ( j) shall not be considered an accessory building or structure if located completely underground. 4 .27 COMMERCIAL ACCESSORY USES Notwithstanding any other provisions of this By-law, where a commercial use is permitted as an accessory use in an Industrial Zone, it shall be located within the main building or within 2 .0 metres of the main building, shall not exceed 10 percent of the total floor area of the main building and shall not exceed a maximum floor area of 280 square metres. Where no buildings exist, such commercial accessory use shall not exceed 100 square metres of floor area. 4 . 28 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 40 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. 51 4 . 29 LOADING SPACES No person shall erect or use any building or structure in any Commercial or Industrial Zone which involves the movement of goods, merchandise or materials, unless loading spaces are provided and maintained in accordance with the following provisions: (a) one (1 ) loading space shall be provided on the same premises for every 278 square metres or fraction thereof of the total floor area; (b) loading spaces shall not be less than 3 .0 metres in width and 7. 5 metres in length; and (c) loading spaces shall not have less than 4 . 5 metres of vertical clearance. 4 . 30 STANDARDS FOR LOADING SPACES Where in this By-law, loading spaces are required or permitted, the following standards shall apply: (a) adequate driveway space shall be provided to permit the safe manoeuvering, loading and unloading of vehicles on the lot such that they do not cause an obstruction or a hazardous condition on adjacent streets or sidewalks and loading spaces shall have access to a street or lane which has a minimum width from the rear lot line of the lot to the centre line of the lane of 3 .0 metres; (b) adequate drainage facilities shall be provided in accordance with requirements of the Municipality; (c) loading spaces and approaches shall be surfaced in accordance with the requirements of the Municipality; 52 (d) the illumination of loading spaces shall be arranged so that the light is diverted away from any Residential , Open Space or Institutional Zone; and (e) the location of loading spaces shall be restricted to the rear yard where a lot has access at both the front and rear to a street or road. 4 . 31 PARKING REOUIREMENTS For every type of building listed below which is erected, altered or enlarged in any zone after the passing of this By-law, off-street parking shall be provided and maintained, in accordance with the following provisions: Type of Use of Building Minimum Parking Required Single detached, two ( 2) family One and one-quarter (1 . 25) semi-detached, duplex, double parking spaces per dwell- duplex, triplex and converted ing unit rounded to the dwellings, dwelling units located next highest whole number. in commercial buildings, multiple family, row-house and townhouse dwellings and dwellings in apartment buildings Auditoriums, restaurants, theatres, Where there are fixed arenas, community centres, private seats, one (1 ) parking clubs, and other places of assembly space for every five (except where one (1 ) or more of (5) seats or for every these uses are located in a 3 .0 metres or part thereof shopping centre) of bench space. Where there are no fixed seats, one ( 1) parking space for each 9.0 square metres of floor area or part there- of devoted to public use. 53 Senior Citizen Home One parking space for every four (4 ) dwelling units. Schools One ( 1) parking space for each teaching staff member plus one (1) additional parking space for each 20.0 square metres or part thereof of auditorium floor space. Churches One (1 ) parking space for every ten (10) seats or 6.0 metres of bench space or part thereof of its maximum seating capacity. Libraries A minimum of ten ( 10) parking spaces or one (1 ) parking space per 28.0 square metres, or part thereof , of building floor space, whichever is greater. Hotels, motels , taverns and One (1 ) parking space per staff houses rental unit, plus one ( 1 ) additional parking space for each 9 .0 square metres of floor area or part thereof devoted to public uses, such as restaurants , taverns and other eating places associated with hotels, motels, taverns and staff houses. 54 I7l.MIIMMIlMMMIMMIMMlIIIMII.Ml.IlIl .mIl.11llmI ..mI' .'.' 'mum ''" Bed and areakfast Lodging, One (1) parking space for Boarding house, rooming every room or suite house and tourist home of rooms which may be offered for rent. Industrial uses One (1) parking space for each 93 .0 square metres of floor area or part thereof or for each five (5) employees, whichever is greater. Retail or Service Stores One (1 ) parking space per 28.0 square metres of retail floor area or part thereof in a C3 Zone. One (1) parking space per 20.0 square metres of retail floor area or part thereof in Cl and C2 Zones. Home Occupation, Home One ( 1 ) off-street parking Profession or Home Industry space for each 28.0 square metres or part thereof of floor area devoted to said use in addition to that required for the dwelling. Group Homes Residences One and one quarter ( 1 . 25) parking spaces per receiving family and/or one (1 ) parking space for each staff on duty at any time, plus one (1) parking space for each two (2) beds or each 37.0 square metres of floor area or 55 part thereof, whichever is the greater. Offices One (1 ) off-street parking space for each 35 .0 square metres or part thereof of gross floor area. Marina One (1 ) parking space for every two ( 2 ) slips. 4. 32 DRIVEWAY REGULATION WHERE A DRIVEWAY IS REOUIRED TO SERVE A RESIDENTIAL USE The maximum width of a driveway, measured along the sidewalk, where such exists or along the street line, shall be 9.0 metres. The minimum distance between a driveway and an intersection of street lines measured along the street line intersection by such driveway shall be 9. 0 metres. The minimum distance between an interior side lot line and any driveway, with the exception of a mutual or common driveway, shall be 1 .0 metre. The interior angle formed between the street line and the centre line of any driveway shall not be less than forty- five degrees (45. ) . 4 . 33 STANDARDS FOR PARKING AREAS Where in this By-law, parking areas are required or permitted, all drainage, surfacing and illumination shall be done in accordance with the requirements of the Municipality. 56 4 . 34 GROUP HOMES Notwithstanding any other provisions in this By-law, no group home shall be located closer than 200.0 metres from another group home. 4 . 35 RESTORATION TO A SAFE CONDITION Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure provided such alteration or repair does not increase the height or size or change the use of such building or structure. 4 . 36 REDUCTION OF LOT AREA (a) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, or otherwise, so that any building or structure on such lot shall have a lot coverage or a ground floor area that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by this By-law for the Zone in which such lot is located; and (b) If any such reduction in the area of a lot occurs, no building or structure located on the lot shall be used until the requirements of this By-law applicable thereto are complied with. 4 . 37 CORNER LOTS In any Residential Zone: (a) Where a main building is erected upon a corner lot, such main building shall be located: (i) not less than 7 .5 metres from the front lot line; and 57 ( ii ) not less than 3 . 0 metres from the flank of the lot for a 1-storey dwelling and not less than 3 . 5 metres for a 1-1/2 storey or 2-storey dwelling. (b) Where an accessory building is erected on a corner lot, no part of it shall be nearer the front lot line or flank of the lot than the aforesaid distances set out above. (c) An attached garage, if it is attached in accordance with the definition of an "attached accessory building" , shall be considered as part of the main building and all provisions prescribed by this By-law as applicable to Residential Zones shall apply. 4.38 FLOOR AREA (a) No person shall erect or use a dwelling unit which is not in compliance with the following minimum floor area requirements : Floor Area (Minimum) for each Dwelling Unit Bachelor 28 square metres 1 Bedroom 37 square metres 2 Bedrooms 55 square metres 3 Bedrooms 70 square metres 4 Bedrooms 83 square metres Dwelling Unit in 35 square metres a boarding house, rooming house or tourist home. (b) Notwithstanding the above, the minimum floor area of a group home shall be 23 square metres plus an additional 7 square metres for each resident, exclusive of staff or receiving family. 58 (c) Within a Commercial Zone: a minimum of 19 square metres of open space shall be provided for the exclusive use of each dwelling unit either at ground level or on the roof of the first storey. Such open area shall not form part of any required parking area or loading space. 4 . 39 SPECIAL USES Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for: (a) a scaffold or other temporary building or structure incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; (b) a sign having an area of not more than 4.5 square metres incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; (c) a carnival , circus or festival or other public gathering, each of which is held not more than twice per year, in the Institutional or Open Space Zones; or (d) a farmer's market held not more than two (2) days per week in any zone. 4 . 40 SATELLITE DISHES Satellite dishes shall be prohibited in any front or exterior side yard. On a through lot, satellite dishes shall be prohibited in the required rear yard. 59 4 . 41 PUBLIC WATER SUPPLY AND SANITARY SEWER No land shall be used in the Village of Port Burwell for commercial , residential , institutional , or industrial uses unless serviced by public water supply and public sanitary sewer. 60 5. 1 PERMITTED USES No land shall be used in the Residential Zone 1 (R1) except for the following purposes: (a) single detached residential dwelling uses, including single detached seasonal residential dwellings which are serviced by a public water supply and a public sanitary sewer; (b) group homes which are serviced by a public water supply and a public sanitary sewer; (c) home occupations and home professions, bed and breakfast lodging of two ( 2) bedrooms or less; and (d) accessory uses 5 . 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Residential Zone 1 (R1) except the following: (a) single detached dwelling on one ( 1) lot; (b) single detached seasonal residential dwelling on one (1) lot; and (c) accessory buildings and structures. 5. 3 MINIMUM LOT AREA (a) single detached dwellings, 464 square metres including single detached seasonal residential dwellings 61 (b) group homes 557 square metres 5.4 MINIMUM LOT FRONTAGE (a) single detached 15. 0 metres dwellings and seasonal residential dwellings (b) group homes 18.0 metres 5 . 5 MAXIMUM COVERAGE (a) single detached dwelling 30 percent and seasonal residential dwelling (b) group homes 40 percent 5.6 MAXIMUM HEIGHT 2 storeys or 10. 5 metres 5 . 7 MINIMUM FLOOR AREA In accordance with Section 4 . 38 . 5.8 MINIMUM FRONT YARD 7 . 5 metres 5.9 MINIMUM SIDE YARD No one (1) side yard shall be less than 1 .0 metre and the aggregate of the two (2) side yards shall not be less than 4 .0 metres. 5.10 MINIMUM REAR YARD 9.0 metres 62 SECTIOir 6 - RESIDENTIAL ZONE 2 (R2) REGULATIONS 6. 1 PERMITTED USES No land shall be used in the Residential Zone 2 (R2) , except for the following purposes: (a) single detached residential dwelling uses, including single detached seasonal residential dwellings, which are serviced by a public water supply and a public sanitary sewer; (b) modular dwellings , semi-detached dwellings, and duplex dwellings serviced by a public water supply and public sanitary sewer; (c) home occupations and home professions; (d) group homes and crisis housing; and (e) accessory uses. 6. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Residential Zone 2 (R2) except the following: (a) single detached dwelling on one (1 ) lot; (b) single detached seasonal dwelling on one ( 1 ) lot; (c) semi-detached dwellings; (d) duplex dwellings; (e) modular dwelling on one (1 ) lot; and (f) accessory buildings and structures. 63 6. 3 MINIMUIM LOT AREA (a) single detached dwellings 360 square metres and modular dwellings (b) semi-detached dwellings 300 square metres per and duplex dwellings dwelling unit 6 . 4 MINIMUM LOT FRONTAGE (a) single detached dwellings 10.5 metres and modular dwellings (b) semi-detached dwellings 9.0 metres per unit and duplex dwellings (18.0 metres) 6.5 MAXIMUM COVERAGE 40 percent 6 . 6 MAXIMUM HEIGHT 10.0 metres 6 . 7 MINIMUM FLOOR AREA 78 square metres 6 . 8 MINIMUM FRONT YARD 6. 0 metres 6 . 9 MINIMUM SIDE YARD Each side yard shall be no less than 0 . 7 metres for a 1- storey structure, plus 0 . 5 metres for each additional or partial storey. 6. 10 MINIMUM REAR YARD 8 . 0 metres 64 h+ • 7 - ,LU zO : 3 • ;✓K J ONS 7. 1 PERMITTED USES No land shall be used in the Multi-Family Residential Zone 3 (R3 ) , except for the following purposes: (a) multi-family residential uses serviced by a public water supply and public sanitary sewer; (b) group homes and crisis housing; and (c) accessory uses. 7.2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Multi-Family Residential Zone 3 (R3) except the following: (a) semi-detached dwellings; (b) duplex dwellings; (c) townhouse or rowhouse dwellings; (d) block townhouses; (e) triplex dwellings; (f) double duplexes; (g) multiple dwellings; (h) apartment buildings; (i) boarding houses, rooming houses , nursing and senior citizen homes; and 65 ( j ) accessory buildings and structures. 7. 3 MINIMUM LOT AREA (a) semi-detached and duplex 300 square metres per dwellings dwelling unit (b) triplex, double duplex, 340 square metres per townhouse or rowhouse dwelling unit dwelling (c) apartment building and multiple dwellings i) buildings of ten (10) 325 square metres for units or less each of the first four (4 ) dwelling units and 93 square metres for each additional dwelling unit there- after ii ) buildings in excess 135 square metres per of ten (10) units dwelling unit (d) boarding house, rooming 557 square metres for house, nursing and senior the first ten ( 10) citizen homes rooms capable of being occupied and 46 square metres for each additional room thereafter 7 . 4 MINIMUM LOT FRONTAGE (a) semi-detached dwelling 9.0 metres per and duplex dwelling dwelling unit ( 18.0 metres) 66 (b) double duplex dwelling 21 .0 metres (c) all others 10 .0 metres per dwelling unit or 40. 0 metres, which- ever is less 7.5 MAXIMUM COVERAGE 50 percent 7.6 MAXIMUM HEIGHT 3 storeys or 14.0 metres 7.7 MINIMUM FLOOR AREA In accordance with Section 4. 38. 7 .8 MINIMUM FRONT YARD 6.0 metres 7 . 9 MINIMUM SIDE YARD 6.0 metres or one- half the height, whichever is the greater No side yard shall be required for a semi-detached dwelling townhouse or rowhouse dwelling between the common vertical wall dividing one dwelling unit from the adjoining dwelling unit. 7.10 MINIMUM REAR YARD 9.0 metres or one- half the height, whichever is the greater 67 :_y+ . - ,.• - • •,_�: ; I :.0,y _, �. j: ,_,eisJ_ T O S 8. 1 PERMITTED USES No land shall be used in the Mobile Home Residential Zone 4 (R4 ) , except for the following purposes: (a) mobile home residential uses serviced by a public water supply and public sanitary sewer; (b) a private or public park; and (c) accessory uses. 8 . 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Mobile Home Residential Zone 4 (R4) , except for the following: (a) i) Mobile Home Subdivision - one ( 1 ) mobile home or one ( 1 ) modular dwelling on one ( 1 ) lot; and ii ) Mobile Home Park - one (1 ) mobile home or one ( 1 ) modular dwelling on one mobile home site. (b) accessory buildings and structures. 8. 3 MINIMUM LOT AREA 400 square metres 8 .4 MINIMUM LOT FRONTAGE 12 .0 metres 8 . 5 MAXIMUM COVERAGE 40 percent 8.6 MAXIMUM HEIGHT 4 . 5 metres 8.7 MINIMUM FLOOR AREA 65 square metres 68 8. 8 MINIMU --- M.__FRONTA Y R D 6 .0 metres 8. 9 ILII UM SIDE YARD one (1 ) side No yard sh. than 1 .0 metre and the gate of the two (2) s shall not be less than 4.0 metres. 8.10 3 .0 metres . 69 SECTION 9 — RESORT RSSIDBtI'PrAT ZONE (RC) RRGUiATIONS 9. 1 Permitted Uses, Buildings and Structures No person shall use any land or erect, alter or use any building or structure for any purpose in the Resort Residential Zone (RC) , except one or more of the following uses: a) Block Townhouse; b) Stacked Townhouse; c) Multiple Dwelling; d) Apartment Building; e) Home Occupation; f) Park; g) Church; h) Parking Lot; i ) Marina and accessory uses, including boat storage and repairs; j ) Accessory Building and Structures 9. 2 Prohibited Uses Dwelling units are prohibited uses in buildings wherein gasoline, petroleum products, paint, or any other highly flammable, toxic, or explosive products are handled in quantity, such as buildings for boat storage and repairs which are accessory to a marina. 70 9 . 3 Minimum Lot Area a) Block Townhouse 300 square metres/unit b) Stacked Townhouse 170 square metres/unit c) Apartment Building and 135 square metres/unit Multiple Dwelling 9. 4 Minimum Lot Frontage 30 metres 9.5 Maximum Coverage 50 percent 9 . 6 Maximum Height 4 storeys or 15 metres 9 . 7 Minimum Floor Area In accordance with Section 4. 38 9 .8 Minimum Front Yard 7. 5 metres 9 . 9 Minimum Side Yard Interior Exterior a) Residential Uses 4 . 5 metres 7 . 5 metres b) Non-Residential Uses 6 metres 9 metres (Including Marina) 9. 10 Minimum Rear Yard a) Townhouses 4 . 5 metres b) Apartment Buildings and 7. 5 metres Multiple Dwellings c) Non-Residential 15 metres (Including Marina) 71 9 . 11 Minimum Landscaping Landscaping strips abutting property lines shall be provided as follows: a) Front 3 .0 m b) Side and Rear 2.0 m Note: Driveways may interrupt landscaped or buffer strips. Landscaped Area: 10% of lot area 72 BION 10 - GENERAL MMERC AT. MI (CI) R GUTIONS 10. 1 PERMITTED USES No land shall be used in the General Commercial Zone (C1 ) , except for the following purposes: (a) commercial uses serviced by public water supply and public sanitary sewer; (b) residential uses serviced by public water supply and sanitary sewer; and (c) accessory uses. 10. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the General Commercial Zone (C1) except the following: (a) retail or service store; (b) general or professional office; (c) bank and other financial institutions; (d) bulk sales establishment; (e) bait fish operation and the sale of bait fish and/or a fishing business including docking areas, fish storage, processing and sales; (f) clubroom or private club; (g) theatre; (h) restaurant; (i ) tavern; 73 (j) eating establishment; (k) laundry or dry cleaning establishment; (1) barber shop or beauty parlour; (m) bowling alley; (n) billiard or pool room; (o) community centre or assembly hall; (p) auctioneer's premises; (q) farm equipment sales and service outlet; (r) dwellings above or behind a permitted commercial use, except as noted in Section 10.11 (c) ; (s) bake shop or bakery; (t) private hospital and nursing home and small animal clinic; (u) taxi service establishment; (v) Brewer's Retail or Liquor Control Board of Ontario outlet; (w) undertaking establishment or funeral home; (x) parking lot; (y) printing establishment; (z) shopping centre; 74 (aa) car Wash: and (bb) accessory buildings Ings 0. 3 LO AREA 10. 4 _quare metres 10,5 metres V 10. 6 MAXIIILLUZIQUX percent 10, 7 • metres D (a) where the front opposite to a R1 Yard li metres Zone , R2 or (b) all other cases 10.8 1 MINIMUM SIDE YARD (a) where the side yard an R1, R2 or R3 Zone abuts 5 metres (b) all other cases 10. 9 MINI it ARD 10,10 it Where a General Commercial�ercial provided or Open Zo•I•uts sha an Rl, R2, R3 , Width of 2along the abutting Space ZOO. buffer strip llimum be 0 metres, lo nes having a min 75 10. 11 DWELLING UNITS (a) Minimum floor area shall be in accordance with Section 4 . 38. (b) Pedestrian access to each dwelling unit, other than an accessory dwelling unit, shall be provided from an adjacent street or lane and shall be for the sole use of the occupant(s) of the said dwelling unit. (c) No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial establishment changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 76 151 •. — bt ,1,i:+ ,T. • 11 . 1PERMITTED USES No land shall be used in the Tourist Commercial Zone (C2) , except for the following purposes: (a) commercial uses serviced by a public water supply and a public sanitary sewer; (b) accessory uses; and (c) a residential use as an accessory use. 11 . 2 PERMITTED BUILDINGS AND OTHER STRUCTURES No building or structure shall be used, altered or erected in the Tourist Commercial Zone (C2) , except the following: (a) hotel , motel or tourist cabin; (b) travel-trailer camping park; (c) gas bar, service station, public garage, or other establishment for the servicing, storage and sale of vehicles, trailers, farm or construction machinery and equipment; (d) restaurant; (e) retail or service store; (f) tavern; (g) gift shop or craft industry; (h) tourist commercial establishment; 77 (i ) Brewer's Retail or Liquor Control Board of Ontario outlet; ( j ) bait fish operation and the sale of bait fish and/or a fishing business including docking areas, fish storage, processing and sales; (k) transportation terminal; ( 1 ) marina and accessory uses, including boat storage and repairs; (m) boat construction; (n) bed and breakfast lodging with three ( 3 ) or more rooms; (o) heliport; and (p) accessory buildings and structures including a dwelling unit or single detached dwelling for a caretaker, owner or manager of any of the permitted uses. 11 . 3 MINIMUM LOT AREA (a) where both public water 555 square metres and sanitary sewer are available (b) tourist home 557 square metres for the first ten ( 10) rooms capable of being occupied and 46 square metres for each additional room thereafter 78 11 . 4 MIHIMUM LOT FRONTAGE (a) where both public water 15.0 metres supply and sanitary sewer are available 11.5 MAXIMUM LOT COVERAGE 50 percent 11 .6 MAXIMUM HEIGHT 12. 0 metres 11 . 7 MINIMUM FLOOR AREA (a) commercial use 10 square metres (b) accessory dwelling units minimum floor area shall be in accordance with Section 4 . 38 (c) accessory single-family 65 square metres detached dwelling 11 .8 MINIMUM FRONT YARD 7 . 5 metres 11 .9 MINIMUM SIDE YARD 4 . 5 metres 11 . 10 MINIMUM REAR YARD 10. 0 metres 11 .11 DUFFER STRIP Where a Tourist Commercial Zone abuts a R1 , R2 , R3 , Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2 .0 metres. 79 11 .12 SERVICE STATIONS AND PUBLIC GARAGES Notwithstanding any other provisions of this By-law, where a _ lot is used for a service station or public garage or gas bar, the following regulations shall apply: Interior Lot Corner Lot (a) Minimum lot frontage 30 . 0 metres 45.0 metres Minimum lot depth 38 . 0 metres 38 . 0 metres (b) No portion of any pump island shall be located closer than 6.0 metres to the street line of any gtreet; (c) the minimum distance from the intersection of two (2) street lines to the nearest ingress or egress ramp shall be not less than 9. 0 metres; (d) the maximum width of a curb ramp at the street line shall be not more than 7 .0 metres; and (e) the minimum distance between ramps shall be not less than 9 .0 metres. 11 .13 REGULATIONS FOR TRAVEL TRAILER PARK Regulations related to the establishment and operation of a travel trailer park shall be as set down by the Tourism Act, R.S.O. , 1980 and regulations thereto as amended from time to time. 80 11 . 14 DWELLING UNITS No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial building changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 81 ,y • 12. 1 ERMITTED U S BUI D IC URE No person shall use or erect, alter or use any building str , Co al uctur` purpose in the Downtown merci Zone one (C3) or more of the following m (a) retail or service (b) general or profess ce; (c) bank and other fin:, -titutions; (d) bulk sales establis (e) clubroom or private (f) theatre (g) restaurant; (h) laundry or dry clea nl ablishment; (i) barber shop or dry cl . establishment; (j) bowling alley; (k) billiard or pool room; (1) community centre or as•'•ly hall; (m) tavern; (n) dwellings above or except as behind a permitted commercial use, noted in Section 12J0 (o) bake shop or bakery; 82 (p) private hospital and nursing home and small animal clinic; (q) taxi service establishment; (r) Brewer's Retail or Liquor Control Board of Ontario outlet; (s) parking lot; (t) printing establishment; (u) shopping centres; and (v) accessory buildings or structures. 12. 2 MINIMUM LOT AREA 232 square metres 12 . 3 MINIMUM LOT FRONTAGE nil 12.4 MAXIMUM COVERAGE 100 percent 12. 5 MAXIMUM HEIGHT 12 .0 metres 12.6 MINIMUM FRONT YARD nil 12.7 MINIMUM SIDE YARD (a) where the side yard abuts 4 . 5 metres an R1 , R2 , R3 or R4 Zone (b) all other cases nil 12.8 MINIMUM REAR YARD nil 83 12 .9 PUFFER STRIP Wher6 a Downtown Commercial Zone abuts an R1 , R2 , R3 , R4 , RC, Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2. 0 metres. 12 . 10 DWELLING UNITS (a) Minimum floor area shall be in accordance with Section 4 . 38. (b) Pedestrian access to each dwelling unit, other than an accessory dwelling unit, shall be provided from an adjacent street or lane and shall be for the sole use of the occupant(s) of the said dwelling unit. (c) No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial establishment changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 84 sEcrioll 13 — INDUSTRIAL ZONE (H) REGULATIONS 13 . 1 PERMITTED USES No land shall be used in the Industrial Zone (M) , except for the following purposes: (a) industrial uses including the manufacturing, assembling, processing, warehousing and storage of goods serviced by a public water supply and a public sanitary sewer; (b) transportation and communication uses; (c) bulk sales establishment; (d) public works yard; (e) public utility facility; (f) accessory uses; (g) residential use as an accessory use; and (h) commercial use as an accessory use, including offices and retail outlets related to the industrial operations carried on in the same building. 13 . 2 PERMITTED BUILDINGS AND OTHER STRUCTURES No building or structure shall be used, altered or erected in the Industrial Zone (M) except, the following: (a) light industrial workshop; (b) trucking depot and transportation terminal ; (c) equipment sales and service establishment; 85 (d) welder's shop; (e) carpenter or joiner's shop; ( f) concrete products factory; (g) warehouse or storage facility; (h) machine shop; ( i) bulk sales facility, including bulk fuel sales; ( j ) public works yard and associated buildings and structures; (k) animal hospital; ( 1) contractor's yard; (m) hydro distribution or generating station; (n) sewage treatment plant; (o) water treatment plant; (p) communications tower; and (q) accessory buildings and structures, including a single detached dwelling or a dwelling unit for one ( 1) caretaker or one (1) person and his family employed in the manufacturing and industrial operations or uses permitted in this zone. 13. 3 MINIMUM LOT AREA 1860 square metres, plus an additional 460 square metres minimum for an accessory single detached dwelling. 13 .4 MINIMUM LOT FRONTAGE 30.0 metres 86 13 . 5 MAXIMUM COVERAGE 40 percent 13 .6 MAXIMUM HEIGHT 12 .0 metres, except that a communication tower may exceed 30.0 metres in height 13.7 MINIMUM FLOOR AREA (a) accessory dwelling unit 28 square metres (b) accessory single-detached 65 square metres dwelling (c) all other uses 10 square metres 13 . 8 MINIMUM FRONT YARD (a) where the Industrial Zone 15 . 0 metres fronts on a street opposite an R1 , R2 , R3 , Institutional or Open Space Zone (b) all other cases 7 . 5 metres 13.9 MINIMUM SIDE YARD (a) where the side yard abuts 7. 5 metres a street opposite an R1, R2 , R3 , Institutional or Open Space Zone or directly abuts said zones (b) all other cases 4 . 5 metres 87 13 . 10 MINIMUM REAR YARD (a) where the rear yard abuts 7. 5 metres a street opposite an R1 , R2, R3 , Institutional or Open Space Zone or directly abuts said zones (b) all other cases 4 . 5 metres 13. 11 AUTOMOBILE WRECKING YARDS AND SCRAP METAL YARDS Where land is used for the purpose of an automobile wrecking yard, scrap metal yard or similar - use, the storage of derelict automobiles, scrap metal , junk or similar materials shall not be carried out in that part of the land designated herein as the "front yard" , "side yard" or "rear yard" and a natural or artificial screen or buffer shall be provided to obscure the subject property from the street on which the lands abut and from any properties to the side or rear of the subject property. 13 . 12 STORAGE (a) No storage shall be permitted outside the building or buildings on the lot until a privacy fence of a minimum 1 . 5 metres in height is erected and maintained around the area of the lot to be used for storage. (b) No storage shall be permitted outside the buildings on the lot in the front yard or in the side yard or rear yard which fronts, is opposite to or abuts a Residential or Open Space Zone. 88 13. 13 DWELLING UNITS Accessory Dwelling Units attached to or enclosed within a main building are not permitted where gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity. 89 SCION 1A — INSTITUTIONAL SONE LI) REGULATIONS 14 . 1 PERMITTED USES No land shall be used in the Institutional Zone ( I ) , except for the following purposes: (a) institutional uses which may include churches, schools, hospitals and government offices serviced by a public water supply and a public sanitary sewer; (b) accessory uses; and (c) residential use as an accessory use. 14 . 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Institutional Zone (I ) , except the following purposes: (a) hospital or clinic; (b) school or other educational institution; (c) church, church hall or religious institution; (d) library, museum or other cultural institution; (e) Federal , Provincial and Municipal government offices; (f ) police station or a fire hall or fire control building or structure; (g) municipal works yard and structures; (h) community centre and day care centre; (i ) cemetery and mausoleum; 90 J J ( j) staff houses forming an integral part of any of the above uses which must necessarily be located at the site of the work as an integral part of such activities, provided that such buildings conform to the requirements for buildings of similar use as set out elsewhere in this By-law and are equipped with water and sanitary facilities satisfactory to the authority having jurisdiction; (k) telephone exchange and a post office; and ( 1) accessory buildings and structures. 14.3 MINIMUM LOT AREA 570 square metres 14.4 MINIMUM LOT FRONTAGE 15.0 metres 14 .5 MAXIMUM COVERAGE 70 percent 14 . 6 MAXIMUM HEIGHT 12 .0 metres 14.7 MINIMUM FRONT YARD 7 . 5 metres 14 .8 MINIMUM REAR YARD (a) where the yard abuts a 6 . 0 metres Commercial or Industrial Zone (b) where the building 10 .0 metres contains residential accommodations (c) where the yard abuts a 10 .0 metres Residential or Open Space Zone 91 14 .9 MINIMUM SIDE YARD No one (1 ) side yard shall be less than 1 .0 metre and the aggregate of the two ( 2) side yards shall not be less than 4 .0 metres. 14 . 10 DUFFER STRIP Where an Institutional Zone abuts a R1 , R2 , R3 or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2 .0 metres. • 43,1 92 _431 • - • • :4� • , • . 15. 1 PERMITTED USES No land shall be used in the Open Space Zone (OS) , except for the following purposes: (a) parks, public and private non commercial recreational uses, municipally owned and operated recreational facilities including playgrounds, conservation area, picnic facilities, sports fields and facilities, tennis courts, golf courses and public marinas; (b) public buildings, including a museum, an exhibition arena or community hall; (c) public parking area; (d) dwelling unit for one (1 ) caretaker or one (1 ) essential workman whose presence in the premises is necessary at all times; (e) public utilities; and (f) accessory uses. 15. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Open Space Zone (OS) , except the following: (a) buildings and structures for the permitted uses; and (b) accessory buildings and structures. 15. 3 MAXIMUM COVERAGE 50 percent 15.4 MAXIMUM HEIGHT 12.0 metres 93 1 • 15. 5 MINIMUM FRONT YARD 7.0 metres 15. 6 MINIMUM SIDE YARD 7 . 0 metres 15. 7 MINIMUM REAR YARD 7 . 0 metres 94 ! $ TION 16 - HAZARD LAND ZONE (HL) REGULATIONS 16. 1 PERMITTED USES No land shall be used in the Hazard Land Zone (HL) , except for the following purposes: (a) agricultural uses; (b) public and private parks, including playgrounds, picnic facilities, sports fields, tennis courts, golf courses, outdoor natural rinks, forestry and wildlife areas and horticultural nurseries; (c) docks, bridges, culverts, utility structures and boathouses without dwelling units; and (d) hydro generation and transmission structures. 16. 2 PERMITTED BUILDINGS AND STRUCTURES No building or structure shall be used, altered or erected in the Hazard Land Zone (HL) . 95 J $ECTIQNPROPOSED DEVELOPMENT ZONE (PD) REGULATIONS 17. 1 PURPOSE This zone is intended for use in conjunction with lands designated "Future Development" in the Official Plan and all regulations of this zone should be applied in context with the "FD" policies of the Official Plan. 17 . 2 PERMITTED USES, BUILDINGS AND STRUCTURES No person shall use any land or erect, alter or use any building or structure for any purpose in the Proposed Development Zone (PD) except for those uses existing on a site at the time of passing of this by-law and one or more of the following: a) accessory buildings or structures; b) public parking area; and c) public and private parks. 96 4 V Read a FIRST and SECOND time this REEVE day of 1991 Read a THIRD TIME and finally passed this CLERK REEVE day of 1991 - CLERK 97 ' CONVERSION TABLE METRES FEET SQUARE METRES SQUARE FEET 0 . 5 2.0 0 . 2 2 1 .0 3 .0 9 .0 100 1 . 5 5.0 16 . 75 180 2.0 6. 5 20.0 215 2 . 5 8 .0 28.0 300 3 .0 10.0 37 .0 400 3 .5 11 .0 42 .0 450 4 .0 13 .0 46 .0 500 4 . 5 15.0 55. 5 600 6.0 20.0 65.0 700 7.0 23 .0 70 .0 750 7.5 25.0 74 .0 - 800 9 .0 30.0 88 .0 950 10.0 33 .0 93 .0 1000 10. 5 34 .0 232 .0 2500 12.0 39.0 279 . 0 3000 15.0 49.0 325 . 5 3500 18.0 59.0 464 .0 5000 20 .0 66 .0 511 .0 5500 23 .0 75.0 557 . 0 6000 24 .0 79 .0 697 . 0 7500 30.0 98 .0 1394 .0 15000 38 . 0 125. 0 2044 . 0 22000 46.0 151 .0 60.0 197 .0 122 .0 400.0 J-IECTARES ACRES 0. 2 0. 5 0. 4 1 .0 0 . 6 1 . 5 0 . 8 2 .0 1 . 4 3 . 5 6 . 0 15.0 NOTE: The above table is for explanation and convenience only and does not form part of this By-law. 98 : 410 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-04 Being a by-law to authorize the sale of land. WHEREAS under Section 316 of the Municipal Act , being Chapter 302 ; The Council of the Corporation of the Village of Port Burwell enacts as follows ; All and singular that part of Wellington Street in the Village of Port Burwell , having a frontage of thirty three feet ( 33 ' ) by an average depth of one hundred twenty decimal sixty nine ( 120 . 69 ' ) , which parcel is immediately adjacent to lot number 21 on the west side of Robinson Street be sold to Huntley Realty Inc . of the Village of Port Burwell , County of Elgin in accordance with the agreement of purchase and sale dated February 13 , 1991 between the Village of Port Burwell and Huntley Realty Inc . ; And that the Reeve and Clerk are hereby authorized to execute such documents as may be necessary therefore , and to attach t,ie Corporate Seal thereto . /�1 Read a • rst , second and third time and signed , sealed this a* day :01‘f.,,, 10 - , 991 ierk Reeve THE MUNICIPALITY OF VILLAGE OF PORT BURWELL MeetingIll/ _ . /j... .. .. r/ ,19...(. • Moved By 6t.:-_-_.C..- - '---- - That leave be granted to introduce By-law to )/14 Seconded - _r.___.. ,, t ilI .._- .Z1(. - --,‘• /-te. ...,.41/ A .6444/' Cl I -- 0 11 IlicrIdL and that Bylaw presented herewith be read a first time. By-law read a _.1/._.-_..__•�—__...-.time • Moved -,27G .� That By-law now read a first time be read a second time forthwi `�\` Seconded - =_= -_ �c�-r ,c� ��Oiy <<� By=ia read a ---. __ r time / , Moved By ._. ._��- .�4----- •"- - - d� That By-law now read a second time be read a third time forthwith. Seconded --- - vied ,�,r� NZee-* • By-la read -1274 a -_2.-_v- •------time Moved By I That By-law now read a third time do pass, be engrossed by the Clerk, and signed and "7 Seconded By ..,--` ,1{ --- --•- 7 _sealed by the Reeve. . s\ey___ r ,,i_ __ ' 4 ),\ .,L,. , ___ . : 7.41, , . ai-vik Rcwei . THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-05 Being a by-law to authorize the installation and removal of the municipal floating docks. WHEREAS under Section 208 , Sub-section 31 to 38 of the Municipal Act being Chapter 302 ; authorizes Council to a pass by-law regarding harbours , wharves etc . The Council of the Corporation of the Village of Port Burwell enacts the following ; The Corporation of the Village of Port Burwell will install the five topper floating docks ( 20 slips ) which were built in 1990 prior to the 1991 boating season in the Big Otter Creek and remove them from the Creek after the boating season . The cost will not exceed $10 , 000 . This will cover the following- dredging , installation and removal of docks , rental of one portable toilet for the season, Small Craft Harbours fee , anchoring of the docks , garbage cans , two picnic tables , two ramps , and installation of two street lights . 10 Furthermore fifty percent ( 50%) to a maximum of $2 , 500 of the cost of the dredging will be funded from the general dredging funds received from Small Craft Harbours , Department of Fisheries and Oceans . This ••% l .w is effective on date of passing . ��/ /r/' erk Date .,#* Reeve Date I°'. THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 07/70/1"// __....a.;./... ..... ......:_zet_in...g ' *( - 14NA / Moved By &41'1 it r Seconded By / - o 5' _ That leave be granted to introduce By-law& ii_RA;43 a -ii--22 - L - and k-l-r--;41/14-1-74.141d-1 and that Bylaw presented herewith be read a first time,„1 By-law read a --i '-t-- -.time ‘Ncti.(61 46741( -u-v';' eA ..1 • Moved By il. i • i Seconded By '.. ,7/1 41,' I. 9 if By-law read a Moved By _ _ -(4::.'.... C-1-/--1-)-------- Seconded By ___. ..470.... ‘,- Al By-law read a ______ _______tim' e Moved By ........_. 141 / / p Of Seconded By ... -- 1,‘,...... . That By-law now read a first time be read a second time forthwith - um. (\IVIC/ a(0/1 I -) A That By-law now read a second time be read a third time forthwith. iNi\i\COM,L_ -6-t That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reev lii:d ir." NI? )ACL.,((., 4/4 / CLA7 i i Q C -1 N.C\L1 "• \ eet-)V • . Ti 1*1 Canadian Gardetiere Coast Guard canadienne 0 REGISTERED 0 Yd,,hoe vo a,e4re+re Canadian Coast Guard Central Region o,,,F+e Nne'e4.erce 1 Yonge Street, 20th Floor 8200-91-7315 Toronto, Ontario M5E 1E5 Village of Port Burwell 21 Pitt Street Port Burwell , Ontario NOJ 1TO Dear Sir: Re: Application for approval of Existing Floating Docks in Lake Erie ( Big Otter Creek ) - South-East shore of Big Otter Creek (Harbour entrance) near Howard and Pitt Street, Lat: 42' 38'43" ; Long: 80'48' 30" ; Village of Port Burwell , Twp. of Bayham, County of Elgin , Province of Ontario DECLARATION OF EXEMPTION Enclosed herewith is a formal document dated 'AA 28 1991 signed on behalf of the Minister of Transport. This application has been screened under the Federal Environment Assessment and Review Process ( EARP) . Yours truly, (2k . L cLita_s,„__ John G. Whitaker iki Regional Manager Marine Navigation Services Canadian Coast Guard Encl . Canada • • CAgip A FORM 5(a) DEINIRTMENT OF TRANSPORT NAVIGABLE WATERS PROTECTION ACT, PART I Section 5(2) 8200-91-7315 Declaration of Exemption APPLICANT: Village of Port Burwell 21 Pitt Street Port Burwell , Ontario NOJ 1T0 WORN: Existing Floating Docks SITE — LOCATION: Lake Erie (Big Otter Creek) - South-East shore of Big Otter Creek (Harbour entrance) near Howard and Pitt Street, Lat: 42'38'43" ; Long: 80'48'30" ; Village of Port Burwell , Twp. of Bayham, County of Elgin, Province of Ontario IMPORTANT NOTICE: This document authorizes the work in terms of its effect on marine navigation.It is the applicant's respon- sibility to obtain any other forms of approval,including building permits. WHEREAS the above-named applicant has made application to the Minister of Transport under the Navigable Waters Protection Act for approval of the above-described work at the above-referred to site in accordance with the attached plan(s); WHEREAS it has been ascertained that the said work at the said site has been built in accor- dance with the plan(s) thereof and that it does not interfere substantially with navigation; THIW'O1E,the Minister of Transport,pursuant to the provisions of the Navigable Waters Protection Act,Revised Statutes of Canada, 1985,chapter N-22.hereby declares that he is of the opinion that the existing work does not interfere substantially with navigation and therefore is not subject to the provisions of Section 5(1) of the Act. Toronto, dated ? 8 1991 D. I. 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ITill .1 r. 1 , i , • • i .io 33,_,--•10 . I t , ' i 1 '1 1• 1 I i I • . . t‘us 2 iK991 . r t. , • • •. i I . I • . f")1.-- 1 r ; • . I .. . I it,4 ii •III 1 I . \ I, T 1". , • • , • —..... ..-;- I I • I -i I . .. • I : t ‘,... I . . . . I i ... • • I I • • , . . .. I I . '• i • ! . . ; .• . • .,, • 4I ,. *.- • r-t.....,. . '••$•••• 5.,;•.‘?•,:' -4-- •::•• ' •,401.V • •„. ,"•:...,)•, .7-... •,•-••:Y ..„- -...• '' . % '4 . •,Pril ,d1''.-•.; ! - , - • :,,i:'''•-.4.,4.: . ",• • ''' ' ... 'vt •••::--‘-' •,., .l'',-,- .."-,,,, ' v•- - - • :.-0 .., • - • ' ..'n . . • '• . ':. i. 4.t. 24 ..r' • ....' 1-it ,.. • • • .: --*-- ', .' :' Tit'-. .• ' Lo.."'.-."-', .,'s' t-'71..4 •••:. " , .5`,-••• <_-:', I!,• •-.. .-:. ' P"' .. ...• '• ••le'' . . • . • . • - -,--•;.••..-- 7.."3c...I....,.... - . ¶• _•' • •-'-.- 44". i•-- - . , At.t.r. •:.`41,, -=. ,, . - • . •, :- ...,- • - - . ..t ,.,...:;. ,-. •• ,,,. , . .... _,...'rAjZ-'4.0::.4...--5;•.- .:•-• „ . . „.• . ... , •. - : ,..44..}-,,• s,„. ..' • • cckz �J AUTHORIZATION PURSUANT TO NAVIGABLE WATERS PROTECTION ACT R.S.C., 1970, CHAPTER N-19 PART I Canada (,-8b) • I/ ' Canadian Garde cote �� Coast Guard canadienne Aids and Aides et Voies Waterways navigables • . If CCanadoastianGuard Gardecanadienne cbtiere You Ne yore rdbinc! REGISTERED Canadian Coast Guard 8 2 6V8 Central Region 1 Yonge Street, 20th Floor Toronto, Ontario M5E 1E5 Village of Port Burwell 21 Pitt Street P. O. Box 10 Port Burwell , Ontario NOJ 1TO Dear Sir : Re: Application for approval of Dredging on Port Burwell Harbour , Lat: 42°38' 24" ; Long: 80°48 ' 24" ; Village of Port Burwell , County of Elgin , Province of Ontario____ — DECLARATION OF EXEMPTION Enclosed herewith is a formal document dated APR 2 A 1989 signed on behalf of the Minister of Transport. Please ensure that all dredged material is placed above the high water mark in such a manner as to prevent its entry into the waterway . Please acknowledge receipt of this documentation and in addition , kindly advise our District Office of the date of commencement and completion of the work . Also, please advise of final soundings when dredging is completed . Yours truly , ohn G. Whitaker Regional Manager Aids and Waterways Canadian Coast Guard Encl . Canada. CANADA FORM 5 D RTMENT OF TRANSPORT NAVIGABLE WATERS PROTECTION ACT, PART I 8200-89-7281 Section 5(2) Declaration of Exemption ArrLIOA Village of Port Burwell 21 Pitt Street P. 0. Box 10 Port Burwell , Ontario NOJ 1TO Dredging WORN: Port Burwell Harbour, Lat: 42°38'24" ; Long: SITZ — LOCATION: 80°48'24" ; Village of Port Burwell , County of Elgin, Province of Ontario IMPORTANT NOTICE: This document authorizes the work in terms of its effect on marine navigation It is the applicant's respon- sibility to obtain any other forms of approval.including building permits WHIMS the above-named applicant has made application to the Minister of Transport under the Navigable Waters Protection Act for approval of the above-described work at the above-referred to site in accordance with the attached plan(s); WHEREAS if the said work at the said site is built or placed in accordance with the plan(s) thereof, it will not interfere substantially with navigation; THIREJORE,the Minister of Transport, pursuant to the provisions of the Navigable Waters Protection Act, Revised Statutes of Canada. 1970,chapter N-19,hereby declares that he is of the opinion that the work will not interfere substantially with navigation and therefore is not subject to the provi- sions of Section 5(1) of the Act. Toronto, dated .v:A'R 7 e WM D. I . McMinn Director General Canadian Coast Guard for Minister of Transport. 73-ww r ORT BURWELL H 1 1 1t.inlight:-L.s.42'3842'8N.Lona.80'48.25'2W. Si i5 4. 5OUNOINOS IN SUET 4 / W.T C.l00 IT. J' P.n... 7u.1., as � 7 PIAN i 0 .1�11�1J .li , 4 a 2 L 1 lTl i 4. ;O o 4 ° s 1aq -� ' -•� ( ._ -c 1 12i WCllIN4TON ST. r .s�G lea Slat-( G ri z Apr' ) /41 19 e`? �`� 1 , • — \ PITT ST. t i • '! 4 rwn...n... y; ,f !7 ; I J PS 11 , — k .1 "O. S.J. 01', g 1 1 14 Qi a."?.'-')',\.10..... IIIffocf aT. —. . las 1. 14 �3 •.,.r4/iyw.Li.r • 4 1.111.`' .IA : 1 ! t, * 1 : 17, 11 26 . .►t:. \ I Lir; ..:,.ter;__:• . \1 16 11 • AI,tr'•... ..r.1 r.. _ ..: • • ' Canadian Garde cOtiere Coast Guard canadienne Aids and Aides et Voles Waterways navigables AUTHORIZATION PURSUANT TO NAVIGABLE WATERS PROTECTION ACT R.S.C., 1985, CHAPTER N-22 PART 1 Canada 730087 {02 89i • • I*I Canadian Garde cOtiOre Coast Guard canadienne . Dov., VOIe a frpoce CX,f de Mage'lMrence 8200-88-7281 FZDGIS'I'�:ttEi) Canadian Coast Guard Central Region 1 Yonge Street, 20th Floor Toronto, Ontario M5E 1E5 The Village of Port Burwell, 21 Pitt Street P.O. Box 10 Port Burwell, Ontario NOJ 1TO Dear Sir: Re: Application for approval of Dredging in Big Otter Creek, Port Burwell Harbour entrance, Village of Port Burwell, Co. of Elgin, Province of Ontario DECLARATION OF EXEMPTION Enclosed herewith is a formal document dated M;; 2 9 199O signed on behalf of the Minister of Transport. Please advise our District Office of the date of ccrimencernent and carpletion of the work. In aMition would you please provide us with three copies of the final soundings once dredging has been completed. Yours truly, D. V. Urry, 0/ Acting Regional Manager, Q Aids and Waterways, Canadian Coast Guard. Enc. Canada • • • AIWA FORM 5 DRTMENT OF TRANSPORT 8200-89-7281 NAVIGABLE WATERS PROTECTION ACT, PART I Section 5(2) Declaration of Exemption The Village of Port Burwell APPLICANT: 21 Pitt Street P.O. Box 10 Port Burwell , Ontario NOJ 1TO • Dredging WOfia: Big Otter Creek, Port Burwell Harbour BITS — LOCATION: entrance, Village of Port Burwell , County of Elgin, Province of Ontario IMPORTANT NOTICE: This document authorizes the work in terms of its effect on marine navigation.It is the applicant's respon- sibility to obtain any other forms of approval,including building permits. WHSEIA3 the above-named applicant has made application to the Minister of Transport under the Navigable Waters Protection Act for approval of the above-described work at the above-referred to site in accordance with the attached plan(s), WHsREA8 if the said work at the said site is built or placed in accordance with the plan(s) thereof. it will not interfere substantially with navigation, THss.IPO1.2,the Minister of Transport,pursuant to the provisions of the Navigable Waters Protection Act,Revised Statutes of Canada, 1985,chapter N-22. hereby declares that he is of the opinion that the work will not interfere substantially with navigation and therefore is not subject to the provi- sions of Section 5(1) of the Act. Toronto, dated MAI MAT 2 1,910 D. I . McMinn Director General Canadian Coast Guard for Minister of Transport 73-0044 (02-69) t - 0*.L'.... o.4.,...•. ., 410 ) • • • g Zoo - 7 FORM II Page 1 of 2 t. SUMMARY Of OVERALL PROJECT SCREENING DECISION . An initial assessment of the impact of the project on the components checked above leads us to the following conclusion (chock one ) : Epp - Initial ase aament under way - no decision yet . CD 1 - Automatic exclusion or "class assessment" exclusion ; project proceeds . g3 2 - No significant adverse effects ; project proceeds. 1111 3 Potentially adverse effects may he mitigated with known technology ; project proceeds. 110 4 - Assess the proposal in greater detail ( IEE required ) : adverse impacts . unknown . n 5 - Further study ( IEE ) required ; ability to mitigate adverse effects is 4 unknown . 1111 6 - Refer proposal for public review by a panel - adverse impact significant . - Refer proposal for public review - significant public concern . p - Automatic referral for public review by a panel - potentially significant adverse impacts . 9 - Impacts unacceptable - either modify , rescreen , or abandon project . Screened and Prepared by : Signature f�eglona istrict tons Officer e20s/9� . •. ate D.I. McMinn -0 7 itt .....__„ Approved by : Signature Regional Director or HQ b 4.47 21 /990 .NYIPA Date TORONTO } MAY.2 ZO fir' . %.a gm , 1 1---'1----7:—:"."2-41'--.,•----- _. .,.. 17.... .- I i ,_ •' • . , _--' ; 4......) 1. . .• . I ! 0 •. • • , i. . . • i "' !ili .... Ir 1 ge, 1 i.....::: ...:.r..... .. ,...... • • i N3(11 , .,;!•.,.•- ..,.. (s.• ti •.,, 1 111. 7 • • , 0 . . q -L-r-ii. ,. .;,11 - • . . . , ' •:(, . . -. . i t7)11 4 e AVIV 1 • . . I ) • OINO$01 •.; 1 1-' ‘ a .I •... - 511-'--' 1 , . , '4 ... C) V cflAN • • . . • .!. . I 0 I , .. .... !........- I .. . • -. - • I 1.. . ,,,....e . i•i 1 S./ 1 1•4 • I I 0 Malehide To Mu. P,-.) 1 . . • • - Baybara Tp}Mutt ( . f,... . om I. j I • . .• ,• I f• . t • I-' : A ,. ,- • .. ...44.....,i IN..) . (., 1 t •I ..... • .. 1 • . ' 1 o : " i ••••••d r..... 7 7-7. .•' . I Fl,, . # (r. #. , ; J . I 1,--. I ....-• t , 'tt'1 . IC CO 1/4:4•4, 4.. 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' -• .• % . s.%4-: 1 1 • ,6 •• i *. •i. ' , \), o „, Talbot Trott 1„••4 1 ..--• 00 . i .• . . 4 • • i . • : \:: • -, u i a ' -"amem 1 , I i ' ,•.• . , CANADIAN -Li , ! LI. Ao • i . • ; • , - •' :`: • • .... ..;;• 6 C\.__,..1.-..,S '.01.1 I n •• ,•:•'.1, . . . .:1 •• .r• ' ' • ' t i .. , • . , )---4 .___- . ... Mr 1 . . ... . ! er 0•• ,, 7.1 . • li t.. '11 I, ,I, • I n a u,..) 11 7 , , •0 ° " -il ...k,,, •.,) , , ‘, 4.!, 7 l'i• a' j 1.4, i, • 1 • -. ...... ..„......,LA A ... i .., , . ii, ..- k : I I ,,, .. ,. ...-,_ •••••,.'%':. a/ I . . ••••• I .4, 14 , . ----- • —x-- " — '7701 — A . ci . - -- , !A n i 8# cy Ili/." ......-..— CD r • . % 0 .C' . •' 0 riT ... . • . . 1 a • ... . . ., .1 .\F-- ! . ,..- r .0; 1 -1 0 . ,if-• 0, . ------1,i., '. ., -or . , , 11.• i 6 . t 1 . 0 1 • '. •. r% . II ' \ • i' 0 1, _ft 11 .-.. • S . • ...J O 0 , •i' '.. ' ,,,<,,,1 I ..,}y Il . QItJ /,, ."'%s .. \ •(rr...,• 44 r Y e tick.;. 1 .. -- • • ye 1 .5 ..,. `t - - a _ •• �CE r r x'1:9114 4 :1' ~t•wJ.,.� lila . • --\ +/ I. ` •:._ . I 1114 7. , .c=• ` • I. h''" n••'°"".1 I •1( V. S \� I lk i. • tMfN qqt . A. Y , 1'3o Ft.r r 1 t� . 11:1 ; L • .‘,.....,,,,,,,,..... ,. )(' ;,x.,(14T411,, -( . .‘ MWPA fur••i•N . ....•,,\ •` Ao.. ••. •.•,• • '� MAY.2 1990 00,„o1,x.5,M`- t l rnik.l 64.-.6L- • \ • • i . '\% ( f2u3CD. Do s.•: ,be.L6) 1 r Port Burwell By ri Laws T 46, By-Laws # 91 -06 - 91 - 31 1991 Corporation of the Village of Port Burwell 110 By- law No . 91 -06 • r Being a by- law to appoint a Chief Building Official , a Plumbing Inspector , By- law Enforcement Official and Property Standards Officer . WHEREAS Chapter 51 R. S .O. the Ontario Building Code section 3 requires that the Council of each Municipality shall appoint a Chief Building Official ; AND whereas Council under section 45( 1 ) of Ontario Water Resource Act RSO 1980 , Chapter 361 may pass a by- law to appoint a Plumbing Inspector ; AND whereas Council deems it expedient to appoint a by- law Enforcement and Property Standards Officer . AND whereas Mr . Brian Wolfe has agreed to perform these functions in accordance with provincial regulations , codes and Village by- laws ; THEREFORE Council enacts that Mr . Brian Wolfe be appointed at a rate of $ 14. 00 per hour , automobile cost of 31 cents per kilometre and appropriate conferences and seminars . 411 THIS by- law repeals all previous by- laws to hire a Chief Building Official , Plumbing Inspector , Property Standards and By- law Enforcement Officer . THIS by- law comes into effect on date of passing . MOVED BY Calot 5 ,......- SECONDED BY ILiPI4(--jil That by- law 91-06 be read a first time , read and carried w,e&k, . eft ' SECONDED BY CSL c��--- • MOVED &Am.-, ( That - 1 w -0 be read a second time . Read and carriedI�tb '%` MOVED B �~� SECONDED : i / ,. That by- AW_fli-0t- be read a third time . •e: di ' dispensed with, finally passed . i 440.111W - \_ Illi .. . ‘...,4( A tr itif-------- Reeve 'Orr 0111 THE CORPORATION OF THE VILLAGE OF PORT BURWELL e 11/ BY-LAW NO. 91-07- . Being a by- law to appoint a Weed Inspector WHEREAS the weed control act , 1988 , chapter 51 , R. S .O. 1980 as amended to O.Reg 531/88 authorizes the appointment of a Municipal Weed Inspector . THEREFORE the Council of the Corporation of the Village of Port Burwell , enacts as follows ; THAT Charles Stafford is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said act . THAT this by- law shall remain in effect from year to year unless repealed or otherwise amended by Council . THAT any by- law not consistent with the provisions of this by- law be and is hereby repealed . MOVED a . /I , , A, , - SECONDED BY `C�` 3`"^'" CE414 ` ill That • - 1 ; w 9 ' -0 be read a first time . Read and cacried1.41:45451001:e IIIMOVED B SECONDED BY GL'�j�4-`�• � D TE I�� That by- 1 -0 be read a second time . ead and carried \ Va•, -cue. / / ll MOVED B ,r-- -- *--r?"------ SECONDED �� / • DATA'L Lei ( I s That by- law ,�07 be read a third time . Re-I. dispensed wit , finallypas - • daimil / 400r Amlil n if _•.\,,)A,A Reeve Clerk /I / S 111 -- THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY- LAW 91 -08 Being a by- law to adopt Development Policies for the Corporation of the Village of Port Burwell . WHEREAS , the Planning Act 1983 as amended and certain regulations thereunder allow Council to set lot levies and to establish development policies . NOW therefore , the Council of the Corporation of the Village of Port Burwell enacts as follows ; 1 . The Development Policies being Schedule "A" attached to and forming a part of this by- law be here y adopted. MOVED BY-C C•-- ,j,1--� SECONDED BY� ` , . . , . •AT <L4 ��/9/ That by- law 91 -08" b- read a firs tim- Read and carried._ ► A AAM Reeve MOVED "'l.,,,t, / ice. , .• SECONDED B • /, /. +1----- DATA/124/ V That by- law/ A-0 : be read a second Read and carried . ��_ .,�`� Reeve MOVED BY r SECONDED BY , e . _ / i, / - DATE 914;z0 That by- 1 91 -0 be read a third 1 , e . 'easing • ispensed with , finally passed. \\,0\-1VAC-10 ) ir • Reeve C(er • - 2 - . - DEVELOPIENT_POL IC I FACTS OF LIFE Development in the 1990 ' s is complicated . It is no place for the faint of heart . It is a paper jungle . Approvals and Clearances Complying with the building code is one thing , but getting approvals from MOE , MNR, MTO, complying with site plan requirements , and servicing for sewage , water , roads , etc . makes for much running about . Co-Ordinator Every development project should have a co-ordinator . That person ' s job is to constantly check with the ministries that are • involved in the project , follow up with information required by the municipality, contact lawyers , etc . and in so doing , keep the ball rolling . • • MUNICIPAL EXPENSES 1 . Legal and planning Expenses . 1 The Municipality does not have Lawyer -. and Planners on staff and consequently must hire these professionals to act on their behalf . . 2 It is the policy of the municipality that these expenses should not be an obligation of the general ratepayers in their taxes , but should be the responsibility of the developer for whose benefits the development is taking place . . 3 Checklist Meeting After a project is "APPROVED IN PRINCIPLE" a Checklist Meeting will be arranged to consider all aspects from A-Z and for that meeting the developer will be required to deposit monies for anticipated legal and planning expenses of the municipality. . 4 Accounts :-i ; Forwarding of Accounts - all accounts received by the municipality on a file for expenses incurred from engaging outside professional help ( i .e . legal , engineering and/or planning will immediately be forwarded to the developer by the Clerk . ( b ) Account Dispute - if the developer questions these accounts , or wishes to dispute them, or to tax the legal account , he shall advise the municipal Clerk within 30 days of the mailing date of the account to him. All work will stop until the dispute is resolved . ( c ) No Dispute - after the said 30 days period if no ' dispute is filed with the Municipal Clerk , the account shall be considered approved and the municipality will pay the account from the monies on deposit and thereafter the account cannot be 111 disputed . 4 PLANNING DOCUMENTATIQN 2 . Official Plan The Village has an Official Plan (Minister Approved ) . It contains policies with respect to : A) Site Plan Control B) Holding Provisions NOTE: There can be no Subdivision Approvals or Site Plan Approvals until the Official Plan is in compliance for the proposed project . 3. Zoning By- law Dy-law 91-03 - this is the Municipality' s Comprehensive Zoning By- law which may be amended from time to time . Site Specific Zoning BY- laws - required after Minister ' s approval of Draft Plan of Subdivision, and can be processed in • advance of the signing of the Subdivisions Agreement . Site Plan Developments - Site Specific Zoning By- laws to implement provisions of a Site Plan Agreement , will only be processed after the Site Plan Agreement has been agreed upon between the parties , executed , and the document registered . 4 . PLANNING DOCUMENTS INTERPRETATION • From time to time the Municipal Staff are asked to explain the Official Plan or the Zoning category for a specific parcel of land . While the Municipal Staff are instructed to help applicants in every way, the final decision as to the appropriateness of an Official Plan or a Zoning By- law, for a project , remains with the Owner and his professional staff . 5. LOT LEVY POLICY The Municipality presently has a Lot Levy Policy of $ 1 , 500 per lot , ( subject to unit adjustments ) which may be amended from time to time . This Lot Levy will remain in effect until the municipality passes a new Development Charge By- law, at which time both municipal and school board lot levy requirements will be incorporated . 110 The lot levy charges applicable to a project are those in effect as of the date of the signing of the Subdivision Agreement or Site Plan Agreement by the municipality. 411 - 5 - - — 6 . PARKLAND - 5% The Municipality takes 5% of the land for parkland purposes pursuant to the Planning Act . Where the Development is such that there is no practical way to take parkland , the municipality takes cash- in- lieu based on the appraised market value of the parcel of land, which is the subject matter of the site development . In the case of subdivisions with Minister ' s Draft Plan Approval the municipality in most cases will take the land equal to 5% of the area of the land . 7. SECURITY - LETTER OF CREDIT - CASH All security to be filed with the Municipality, shall be in cash or by Letter of Credit drawn on a chartered bank and prepared exactly in accordance with the municipality ' s standard Letter of Credit Form. These municipal forms may differ slightly from the chartered bank forms , but must be complied with in every respect . • (Copies of these forms are available from the clerk ' s office and should be forwarded to your bank for completion . ) • . . SITE PLAN DEVELOPMENT PROCEDURES 7. APPLICATION - (SINGLE PARCEL) The site plan development procedures relate to a single parcel of land being developed for residential , commercial or industrial purposes . It does not involve a subdivision of lands unless it is to be broken into condominium parts , in which case each part is subject to the site plan development procedures . Procedures . 1 Application - the Applicant files an Application (an Application form can he obtained from the municipality ) together with a preliminary Site Plan showing the location of the building , setbacks , proposed landscaping , parking areas , conceptual storm drainage plan ( see application form for specific details ) . • . 2 Council Consideration - Council will review the application with the Applicant , and the various comments from the Municipal Administration ( the Clerk and the Building Inspector ) , the Village Planner and Engineer . Council may approve the application in principle with conditions or reject the proposed development . . 3 If Accepted - the Municipality will then arrange a Checklist Meeting to review the project from A-Z, providing that a preliminary deposit has been paid to the municipal clerk. . 4 Approval in Principle - any approval or acceptance in principle is subject to change after the Municipality has reviewed their technical reports•/studies/opinions consequently submitted . 8 . WHEN ARE - SITE PLAN AGREEMENTS - NECESSARY? . 1 Standard Construction If the project is a minor one. ( no change of zoning requirements is necessary) or is without need for security, then no Site Plan agreement will be required. • O - 7 -- • . 2 Site Plan Requirements If the project requires : (a ) special servicing requirements , ie . sewer , water , storm management , or ( b ) amendment to a zoning by- law or a minor variance , or (c ) landscaping , then posting of security will be required to guarantee compliance . . 3 Site Plan Agreement - Registration The Site Plan Agreement between the owner and the municipality will be registered on title and will cover all aspects of the Development which requires special treatment . . 4 Checklist Meetings Checklist Meetings should be arranged so that the parties can review the various requirements and get on with the 410 project . 9. MINISTRY APPROVALS Certain Ministry Approvals will be required . These will be outlined by the Planning Committee . In addition , approvals from Amtelecom Inc . , Ontario Hydro , and Canada Post are required . The Owners Responsibility - the owner shall contact each Ministry and each Utility; give them a copy of the "Approved Draft Site Plan" , and ask that they write a letter to the Clerk of the Municipality confirming the following : a) that they have been contacted on this Development , b) that they have seen the proposed site Plan approved in principle by the municipality, c ) that they can service the Development without any obligation, financial or otherwise on the part of the Municipality ( if there are requirements , these should be listed ) , d ) the letter is to be addressed to the Municipal Clerk . 10. APPROVAL IN PRINCIPLE • . 1 The municipal administration ( the Clerk and the Building Inspector ) , the Village Planner and Engineer will review the Application and each will file their comments with Council . • - 8 - . 2 Council will then : a) review these comments b ) hear representations from the Applicant c ) Council will either : 1 . approve the project in principle , or 11 . approve in principle with conditions , or 111 . reject the Application . 11 . DEVELOPER' S ENGINEER - RETAINER LETTER After a project is "Approved in Principle" , the Engineer for the Development must file with the Municipal Clerk , a letter , confirming that his retainer covers the following matters : . 1 The preparation of Plans and Specifications . . 2 Obtaining all necessary approvals - municipal , hydro and the various ministries , . . 3 Prepare estimates of construction costs for municipal security purposes , . 4 Will perform On-site inspections during construction , . 5 Will certify construction in accordance with Plans accepted by the municipality and by the Ministries , . 6 Will file a "As constructed" drawings prior to the release of Letters of Credit , . 7 Will advise the Municipality within 24 hours if the terms of his retainer are altered . . 8 Will advise the Municipality within 24 hours of becoming aware that he will not be able to give the required certifications . 12 . SECURITY - LETTERS OF CREDIT . 1 SECURITY FOR SITE PLAN AGREEMENTS is usually taken for the final cleanup matters such as landscaping , paving and paint-marking of parking areas , and any special items such as storm drainage , sewage matters , etc . . 2 Security must be in the form of cash or a chartered bank letter of credit and the standard MUNICIPAL LETTER OF CREDIT FORM. A copy of this can be obtained from clerk ' s office . • • aAPPLICATION for Site Plan Approval Comments From Village Village Municipal Engineer Planner Administration Council 1 ) Review department comments 2 ) Hear representation from applicant 3 ) Accept in principle 4) Accept in principle • with conditions , 5) Rejection If Rejects Application If Accepts Application No further action Checklist meeting with Developer to consider details, deposits required ( Dev/Policy 1 . 2 ) • c. I _ THE MUNICIPAL ADMINISTRATION To : The Municipal Council , Corporation of the Village of Port Burwell P.O. Box 10 21 Pitt Street Port Burwell , Ontario NOJ IT0 RE: ABC Development Dear Council : The following is a Municipal Administration report on the above Development Application . 1 . Type of Development 2 . Recommendation 3 . Conditions of Approval . 1 The concurrence of Council . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 Commencement of Construction Approval in principle is granted upon the specific condition that the Developer commence construction within six ( 6 ) months from the date of the approval of Council , or alternatively , satisfy the Municipality that he is taking active bona fide steps to implement the development . Yours truly, Yours truly , Village Clerk Building Inspector a THE CORPORATION OF THE VILLAGE OF PORT BURWELL DY-LAW NO. '1/ -67 A BY-LAW TO PROVIDE FOR SITE PLAN AGREEMENTS AS A CONDITION OF DEVELOPMENT WHEREAS the Council is authorized by Section 40 of Ille__PdAnnincLAct, 19$3 to pass a By-law to provide for site plan control subject to the conditions as set out in the said Act; AND WHEREAS there is an Official Plan in effect for the Village of Port Burwell which identifies certain lands in the Village as proposed site • plan control areas; AND WHEREAS it is desirable to establish development control on certain lands in the Village of Port Burwell; BE IT THEREFORE EFFECTED as a By-law of the Corporation of the Village of Port Burwell as follows: - 1. Development: In this By-law, "development" means the construction, erection or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure, that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites • for the location of three or more trailers as defined in J clause (a) of paragraph 95 of section 310 of The Municipal — Act or of sites for the location of three or more mobile homes as defined in clause 45(1 ) (a) of The Planning Act. 1212. 2 . site Plan Control Areas Lands designated (zoned) "R3" , "R4" , "RC" , "Cl" , "C2" , "C3" , "M" , and "I" in the Comprehensive Zoning By-law for the Village of Port Burwell are hereby designated as site plan control areas and shall be regulated by the provisions of Section 40 of The Planning Act-. 1383. 3 . Exemptions Lots approved for development of 10 units or less and designated ( zoned) "R1" , "R2" , or "R3" are exempt from the • provisions of Section 40 of The Planning Act. 1983 . 4 . RegistratiQn of Agreein ..nts Any agreement entered into under clauses (7) (c) or (8) (b) of Sootion 40 of The Plannina Act.. 1cm, mmy be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of The Registry__ Act and The Land Titles Act, any and all subsequent owners of the land. 5. Building Permits No building permit shall be issued with respect to any development in the site plan control area until plans required hereby have been approved by the Corporation of the Villago of Port Burwell and any agr.r+ments required to be entered into have been executed by the Village and the • owners, mortgagees or other encumbrancers of the land. , THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 - — Meeting • / ...----) Moved Byria.././ itt? ,1/1. That leave be granted to introduce By-law to Seconded By d-/`‘( 10 /' 7 • ,.a., /a-let7- /4 4 . — &,,,v- --t- ,- --er-v---;- -/A , .... 1,„&...‘ / and that Bylaw presented herewith be read a first time. IIII By-law read a 1 time Moved 7,. ..:(1 reeir Moved By ....._____.. ..... .1.... . . ' . V ,,...-7-,--.4. ...r:4::21-'" That By-law now read a first time be read a second time forthwith. Seconded By . ;,_ ng Z, %., ....4cadr\'' ' Um 'iii, By law read a . {1 Moved By That By-law now read a second time be read ,.— a third time forthwith. Seconded By ic-i--,- yof coi,v e (.\, A NC\-1-\INTO ' /f By-law read a —3-----time -Th / ' C--- , Moved By ..44:7CL_X.....k-':"-- That By-law now read a third time do pass, Seconded By"- )2161.-1. --------- ---2411- be engrossed by the Clerk, and signed and 'Pealed by the Reeve. • i ,' ...--.. a BY-LAW THE CORPORATION OF THE VILLAGE OF PORT BURWELL DY-LAW NO. 97 -6 -6 A BY-LAW TO PROVIDE FOR SITE PLAN AGREEMENTS AS A CONDITION OF DEVELOPMENT WHEREAS the Council is authorized by Section 40 of The Planing Act, 1983 to pass a By-law to provide for site plan control subject to the conditions as set out in the said Act; AND WHEREAS there is an Official Plan in effect for the Village of Port Burwell which identifies certain lands in the Village as proposed site plan control areas; AND WHEREAS it is desirable to establish development control on certain lands in the Village of Port Burwell; BE IT THEREFORE EFFECTED as a By- law of the Corporation of the Village of Port Burwell as follows: - 1 . Development In this By-law, "development" means the construction, erection or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure, that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in 111-_181 .4 CORPORATION OF THE VILLAGE OF PORT BURWELL DY-LAW NO. c//-6 A BY-LAW TO PROVIDE FOR SITE PLAN AGREEMENTS AS A CONDITION OF DEVELOPMENT WHEREAS the Council is authorized by Section 40 of The Pluming Act, 1983 to pass a By-law to provide for site plan control subject to the conditions as set out in the said Act; AND WHEREAS there is an Official Plan in effect for the Village of Port Burwell which identifies certain lands in the Village as proposed site plan control areas; AND WHEREAS it is desirable to establish development control on certain lands in the Village of Port Burwell; BE IT THEREFORE EFFECTED as a By- law of the Corporation of tete Village of Port Burwell as follows: - 1 . Development In this By-law, "development" means the construction, erection or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure, that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in BY-LAW THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. // A BY-LAW TO PROVIDE FOR SITE PLAN AGREEMENTS AS A CONDITION OF DEVELOPMENT WHEREAS the Council is authorized by Section 40 of The Planning Act, 1983 to pass a By-law to provide for site plan control subject to the conditions as set out in the said Act; AND WHEREAS there is an Official Plan in effect for the Village of Port Burwell which identifies certain lands in the Village as proposed site plan control areas; AND WHEREAS it is desirable to establish development control on certain lands in the Village of Port Burwell; BE IT THEREFORE EFFECTED as a By-law of the Corporation of the Village of Port Burwell as follows: - 1 . 2eyelopment In this By-law, "development" means the construction, erection or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure, that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of. sites for the location of three or more trailers as defined in J clause (a) of paragraph 95 of Section 310 of The Municipal _ Act or of sites for the location of three or more mobile homes as defined in clause 45(1) (a) of The Planning _Act. 1983 . 2 . Site Plan Control )real Lands designated (zoned) "R3" , "R4" , "RC" , "Cl" , "C2" , "C3" , "M" , and "I" in the Comprehensive Zoning By-law for the Village of Port Burwell are hereby designated as site plan control areas and shall be regulated by the provisions of Section 40 of The Planning Act. u8a. 3 . Exemptiona Lots approved for development of 10 units or less and designated (zoned) "R1" , "R2" , or "R3" are exempt from the provisions of Section 40 of The Planning Act, 1983 . 4 . Registration of Agrs Any agreement entered into under clauses (7) (c) or (8) (b) of Sootion 40 of The planning Act . _1gR1 mny be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of The Registry_ Act and The Land Titles Act, any and all subsequent owners of the land. 5. Building Permita No building permit shall be issued with respect to any development in the site plan control area until plans required hereby have been approved by the Corporation of the Villago of Port Burwell and any agreements required to be entered into have been executed by the Village and the owners, mortgagees or other encumbrancers of the land. , THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting - 6' .-1 ,19. 1 Moved _. s : i That leave be granted to introduce By-law to / Seconded By .---- ._.�;77_Z-•- •—'/-- -.1. e7 /— 7 4Lt -- 0 ,,,_,A, ,,,,, d"--,e2/ 7,--,-)-'154- --e-e and that Bylaw presented herewith be read a first time. By-law read a ._______-L6� _—_—_.__.__.-_lime I ' PAW Moved By . . -- That By-law now read a first time be read a r;t . _�_ second time forthwith. Seconded By ._.— .- _---- • law read a _ i �a.%,.i itc. %t. Rett e_ Ra ��i Moved By - — ----- r That By-law now read a second time be read Seconded By - ` (�� ›�� �a third time forthwith. _. 4 ck ,l R Q.e,,E 11y Y.Koi ��� e n/ Bylaw read a . '1 time Moved By .___Cit,4,0 — --•-------- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded 4-A — sealed by the Reeve. ;#40 01110 0 , ip %N •IA ‘A\70 - Reece_. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 92-32 A By-law to amend By-law 91-09 a By-law to provide for site plan agreements as a condition of development 'WHEREAS' the Council of the Corporation of the Village of Port Burwell deems it advisable to amend by-law No. 91-09 in accordance with the provisions of Section 34 of the Planning Act, 1983i 'NOW THEREFORE' the Council of the Corporation of the Village of Port Burwell enacts as follows: SECTION 1 1.1 Section 2.1 of this By-law shall apply to the text of By-law 91-09. SECTION 2 Amendment 2.1 Amendments to text of By-law 91-09. 2.1.1 By-law No. 91-09 is hereby amended by deleting Item 2 and replacing it with the following: 2. Site Plan Control Areas. Lands designated (zoned) "R3", "R4", "RC", "Cl", "C2", "C3", "M", "1", "FD", and "PD" in the Comprehensive Zoning By-law for the Village of Port Burwell are hereby designated as site plan control areas and shall be regulated by the provisions of Section 40 of The Planning Act, 1983. This By-law shall come into force and take effect upon the final date of passage thereof. s "A ) tu,h., tiC o22./q2 Clerk Date Ree • Date t . . i THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ..aaabe.)1 da ,19 V Moved By 4T/pff() That leave be granted to introduce By-law-toga-3L Seconded By 0, gcflaco40 ahiefid (va,,,,) qi -Oct 40 fel.J(&-Por- k. ptct-0 o riff'eAts as a con&Lhol s awcipr *. and that Bylaw presented herewith be read a first time. By-law read a ....._..g..........__time Moved By ....—.... .._....". .... v-4124 That By-law now read a first time be read a second time forthwith. Seconded By .............Z.R.I _L12..........._________ By-law read a Moved By /.A.. _ , yir - That By-law now read a second time be read 400-, , 4.../.. a third time forthwith. Seconded By ,, . i_. . Bylaw read a __2Cdtime Moved By ._ _. . . .. _ ./....... .7. That By-law now read a third time do pass, ,,,,,,, /...„ be engrossed by the Clerk, and signed and Seconded By .1102.40 • ......., AK 400C.--, -:- ..... sealed by the Reeve. 60121)()Ilikil • 4.04_ (..of , Al This By-law shall come into force and take effect upon the final dato of passage thereof- THIS BY-LAW READ A FIRST AND SECOND TIME THIS CU 6 DAY OF 171/11 , 1991. 4 pow ark Reeve THIS BY-LAW READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS IL DAY OF 1/171%vt-/k- , 1991. 4 l e rk Reeve ill THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-10 Being a by-law to appoint Enforcement Officers WHEREAS the Municipal act, revised statues of Ontario 1980 chapter 302 , authorizes the enforcement of by-laws, the Council of the Corporation of the Village of Port Burwell appoints the following individuals as By-law Enforcement Officers to carry out the duties as required by the said act for parking viclations . 1 ) Henry Valks 2 ) David Orton 3 ) Ed Bradt 4 ) Frank Reiser 5 ) Tony Difazio 6 ) Jerry Donck THAT this by-law shall remain in effect r the year 1991 , and replaces By-Law 90-16 . r MOVED BY.4/.t, /., , ,. CONDED BY // ..% 9 • TE ,I P + / �`�� That b -law 'i- 0 • : ../�' first time . R--d and carried . 6 IM • ��E MOVED BY /�//' � �' SECONDED B / / /. . ' _ DAT. / 176/�� 1 7 c/ / 4' That by-law 9 0 be re . . second me 4-fad and carried / , •.1j►y J MOVED BY 4#1, _ /, SECONDED B ' �. , '. . DATE ''�/ That by-1. 91- 0 •e re.d a third time . '1a• i g dispens -d wit , finally passed . Re a Clerk • BYW THE CORPORATION OF THE-LAVILLAGE OF PORT BURNELI A BY-LAW OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL TO AMEND ZONING BY-LAW NO. 91-03 WHICH REGULATES THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE VILLAGE OF PORT BURWELL. DY-LAW NO. 91-11 WHEREAS the Council of the Corporation of the Village of Port Burwell deems it advisable to amend By-law No. 91-03 in accordance with the provisions of Section 34 of the planning Act. 1983; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: SECTION 1 Application 1 . 1 Section 2 . 1 of this By-law shall apply to the text of By-law No. 91-03 . • 1 . 2 Section 2 . 2 of this By-law shall apply to those lands shown on Schedule "A" attached hereto. Schedule "A" forms part of this by-law. SECTION 2 Amendment 2 . 1 By-law No. 91-03 is hereby amended by adding the following as Section 10. 12: "10. 12 Special Restrictions and Exceptions Notwithstanding anything to the contrary in Sections 10. 1 through 10. 11 inclusive, special restrictions and exceptions shall apply to certain properties zoned "Special" General Commercial Zone (C1 (By-law No. ) ) as follows: a) 51 Chatham Street (By-law No. 91-11) No person shall use any land or erect, alter, or use any building or structure for any purpose on this property, except one or more of the following: • i ) one single detached dwelling; ii) barber shop or beauty parlour; • iii) dwellings above or behind a permitted commercial use, except qs noted in Section 10.11 (p) ; iv) accessory uses, buildings or structures." 2.2 By-law No. 91-03 is hereby amended as shown on Schedule "A" attached hereto to rezone the affected property from a General Commercial Zone (C1) to a "Special" General Commercial Zone (C1 (91-11) ) . Read a FIRST and SECOND time this day of 1991 REEVE CLERK • Read a THIRD TINE and finally passed this day of 1991 REEVE CLERK 411 N N a �� i F 1 o s iI 41.1 FAY St �� : / AODI5O STREET ' V :,- IV Ilg r , ffillIL 1 � � � z �—• 2 ! NV §. g1111�Ju9 ► HAM Sr. III c l iiii1g ;ii •s ct Rcch Mier IF 41141mooll ill 9 . RI .. 4\, "� ilk STREET \�� 1 ,� RI ,�. HL !IIM!!!!IICIIII _� os - . \ :iji.I '!!IEIII _� 1 t;:\f3,-- -(c\ • 2 l!j4Jif!flujJiJiST I\ 4?# c ) 1 � / i Ll I •i 1_"'1'1', VILLAGE OF PORT BURWELL ■ , JAJH` 11I 3111k •44 1 - Subject S"te STRACHAN ST. X11 7i I.Z O r-1,,---__111111 lll�ltIIW I JLLL i I Z I iL 2 l ��'�� SHAKESPEARE STREET _ Iil,NIIt,IP11�IIIII)IIII�j� •Irif W1!!1 -___ -AFT-pi ---mss ... .... R4 . ■ r:�iiWiI1tUII '> MILTON STREET /minflll IIIIIIIII ull ! . 7 : 11 111 11111 I --lJ)IIIiflhil II fl1111I Lf —�1 i 111 VIC •• • STREET 1 111 I. , I "t1rLJHIHIfl1 1 __.._._ KEY PLAN N.T.S. 15C—C LEGEND SCHEDULE A �w!�wA SUBJECT SITE BY-LAW NO. 91- II Consulting Group Inc. • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting / -1rc --3 ,19.2/ Moved By That leave be granted to introduce By-law Seconded B and that By-law presented herewith be read a first time. By-law read a time Moved By That By-law now read a first time be read a I second time forthwith. Seconded By . N d By-law read a V' time Moved t - - That By-law now read a second time be read a third time forthwith. Seconded By CPSLC2a—S i\-• By-law read a 3 time Moved B That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By 09-.C2L-- sealed by the Reeve. • , 40/ 6(-11( - BY-LAW • THE CORPORATION OF THE VILLAGE OF PORT Bt1RWELL A BY-LAW OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL TO AMEND ZONING BY-LAW NO. 91-03 WHICH REGULATES THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE VILLAGE OF PORT BURWELL. DY-LAW NO. 91-1a WHEREAS the Council of the Corporation of the Village of Port Burwell deems it advisable to amend By-law No. 91-03 in accordance with the provisions of Section 34 of the planning Act. 1983; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: SECTION 1 Application 1 . 1 Section 2 . 1 of this By-law shall apply to those lands shown on Schedule "A" attached hereto. Schedule "A" forms part of this by-law. SECTION 2 • Amendment 2 . 1 By-law No. 91-03 is hereby amended as shown on Schedule "A" attached hereto to rezone affected property from a Residential Zone 1 (R1 ) to a Residential Zone 2 (R2) . Read a FIRST and SECOND time , this day of /' 1991 REEVE CLERK 4If 410Fr Read a THIRD TIME and finally passed this ;2-,5 day of4 '-. 1991 62 /1.1 REEVE 1 / ' %�-i 4 CLERKi'�/ i 1 (/ - op '•`� - -_ _ C(h .WV i> - \ 0 _____ ______ ---..., 4,"' - liii !!IifflhIh MW DSTRET \ P� �,A_ RC() 1'!iIIIIIIC[iI '/'mom, -� . iROBINSON STREET „, m 1 ‘t , - ,c7).;.. HL c pliIiii ' a I ' m . 11'rr. . w 154, \i 1111 Illiadaa I LA ', C-i4S. , ERIEUS ST.' !1J1 i �U IIIIIIII Ilk1,. • 4. - 4\ I • STRACHAN ST. J \I W . F3' _ I I Q N » • _ ik �_ — - I. `llr:g• s 3 SHAKESPEARE STREET (1.;3 400 1 I - w I - I ‘s . 1z 1 ORGE S / R4 • R3 � MILTON STREET I y. f1 • 1 z CI I WIktiIIIj''Al ti VICVILLAGE OF IS rl Lt.....PORT BURWELL (741MILI 141. - II li I Av 4-1._.._...._,..____,_i \'” Art/ IN NI == ,,___ allllllllillllaa I I H L - _ 111.►111il�liiir �'� R4 .Subiect Site 1 111!II�IIJPI,',IIIIIIIIIII►.>� r -1-- ".F- �. S- z 1.13111111111111.‘ ;;�'ll'llltilll '` ' R( IliglilliiPlifir L ill NI f. / I KEY PLAN WN.T.S� IIMC . LEGEND SCHEDULE A ''!,'!T,!� SUBJECT SITE BY- LAW NO. 91-12 CoOalting f;;;;;;;;;;;;! (FROM RI TO R2) Group Inc. 1:;:i' ''.1 • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting 4, ,19..?/.. MovedBy —. L ._......_ That leave be granted to introduce By-laiv Seconded By.:.� �._..._.._... _ 1/1 d )iq sit d and that Bylaw presented herewith be . a first time. #. 1 • . / s__._... ' I le By-law read a �.�[ _time MovedB7 _._ _�`� '✓_.._.. _.._. That By-law now read a first time be read a second time forthwith. Seconded B7 By-law read a ._ Moved By ,�..... ?.� That B law now read a second time be read S � a third • .• forthwith. Seconded ByBy.law read a __Q---time Moved By "j` '."• �- That By-law now • a third time do pass, be engrossed by Clerk, and signed and Seconded By ..y� - sealed by the Reeve. 1111 • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ,19 Moved By —. That leave be granted to introduce By-law* Seconded By _.*"." — W Ir 4,/v4koi Ig-(%.01"1 and that By-law presented herewith be • • a first time. *, By-law read a Med By That By-law now read a first time be read a second time forthwith. Seconded By . By-law read a — Moved By That B law now read a second time be read By a third • forthwith. Seconded . , . e"- By-Iaw road a Moved By That By-law 'now . • a third time do pass, be engrossed by th Clerk, and signed and Seconded By sealed by the Reeve. • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 91 - 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. 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 with 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 . 9 . No residents or businesses shall connect eaystroughs , sum- pumps or divert rain water into the sanitary sewer system. • I I elih. , / 1 . All metered users shall pay $0 . 88 for theP first cubic -meter ( $4 . 00 for the first 1 , 000 imperial gallon ) of water metered each month, and an additional $0 . 88 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 $19 . 65 each and every month irregardless of the quantity of water used . 2a. Trailers that are being used as permanent residence shall be charged at the monthly sewer rate . . 2b. Trailers that are being used as seasonal dwellings shall be charged 25% of the monthly sewer charge . 2c . Where a dwelling is being used for apartments ie duplexes , triplexes each apartment will be assessed a sewer charge . 2d . Where a dwelling is being used as a rest home and kitchen facilities are not provided for each apartment , a charge of 25% of the monthly sewer rate will be levied for each apartment . 411 3 . Metered users shall receive a minimum bill for the first 5 cubic meters a month irregardless if it is used. 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 be levied in case of turn off for non payment of account or at the Customers request . 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 . 410 9. Should a Municipal sewer to be hooked to a private water supply , the rate shall be $ 19 . 65 per month . • 10 .._ Any out of Town users shall pay a rate of 1 1/2 times the i.n Village users . 12 . No person may use water from a fire hydrant , with the exception of fire departments . 13 . An application fee of $3 . 00 be levied for registering new Water meters with the municipality. 14 . A water meter charge of $150 . 00 be levied for new meters installed . Any person who contravenes this by- law is subject to a fine of up to $5 , 000 . 00 upon summary conviction or under Provincial Offences act . THIS by- law repeals and rescinds all other previous by- laws that determine user rates . THIS by- law to come into effect on the date of passing . THIS by- law does not replace the P.U.C. Act R. S .O. Chapter 423 . • MOVED BY SECONDED BY DATE That by- law 91 - 13 be read a first time . Read and carried . MOVED BY SECONDED BY DATE THAT by- law 91- 13 be read a second time . Read and dispensed with . MOVED BY SECONDED BY DATE THAT by- law 91- 13 be read a third time . Reading dispensed with , finally passed. REEVE CLERK 11 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL ...... 2/1..6) Meeting .3 ,197 Moved By ... r' That leave be granted to introduce By-law,tev- Seconded By qi - 13 ..,/, -67 .....ti -,e;,„,,, /3444/4-A. 4.---- and that By law presented herewith be read a first time. • By-law read a ..........L.---... ....time ;z, i 44 / Moved By , _ y..."-e..e. . That By-law now read a first time be read ath second time fRrwil Seconded B c\C — .2,-,,4 v., e S, ..,\ kre .ik•- By-law read a .--?--.17 --time Moved That , . -4 -."/Wb g.ni By-law now read a second time be read Seconded By 6 -li/i 1 a third time fort T• By-law read a .....---.)------time MovedB .—. . -c--471 -.."- T..„.4. That By-law now read a third time do pass, Seconded By . .. . .. ..p.. .. ._...........___ obilieedngTboyutre by the Clerk, and signed and .1IL .....L--, 1111 400 _ 4 io4 ----....___-------' Y( f' ' / The Municipal Acts RSO 1980 Section 158 THE CORPORATION OF THE VILLAGE OF PORT BURWELL IN THE COUNTY OF ELGIN By-Law 91-14 Being a by-law to adopt the estimates of all sums required to be levied against all rateable property during the year and to strike the rates of taxation for the year 1991 . WHEREAS the council of the Corporation of the Village of Port Burwell , in accordance with the provisions of The Municipal Act , has prepared and provisionally adopted the estimates of all sums required during the year 1991 for the purposes of the Municipality, including sums required by law to be provided for School purposes and for any Board, Commissioner or other body; AND WHEREAS the Assessment Roll prepared in 1990 , and upon which the taxes for the year 1991 are to be levied , will be ill finally revised by the Assessment Review Court; AND WHEREAS the whole of the assessment for real property and business assessment, according to the said last assessment roll , is as follows : Residential and Farm $805 ,960 Commercial and Industrial $145 , 722 Business $ 55, 255 Total $1 ,006 ,937 AND WHEREAS for taxation purposes the said assessment is allocated as follows : Residential Commercial/ and Farm Industrial/ Total Business Secondary Public School $772276 $ 200977 $ 973253 Support Elementary Public School $772276 $ 200977 $ 973253 Support Elementary Separate School $ 33684 $ 4134 $ 37818 Support Separate Secondary School $ 33684 $ 4134 $ 37818 Support AND WHEREAS The Ontario Unconditional Grants Act , 1975, • provides for a fifteen percent ( 15%) differential between residential/farm assessment and commercial/industrial/business TIMIMIM.1.1.11.1.11111111.11.111.111.1.1.11.11.1.1.111.1.11.1.11.111.1.11.1.1.1M11.1.11.11.1.11.11.11.1.1.111.1.11.1.1.11.11.11.1.1.1.1 0 assessment for the purposes of levying rates, in each year ; AND WHEREAS The Education Act , 1974 provides that the rate to be levied on residential and farm assessment in each year shall be eighty-five ( 85% ) per cent of the rate to be levied on commercial , industrial and business assessment ; NOW THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS : 1 . The estimates of the Corporation of the Village of Port Burwell for the year 1991 be and they are hereby adopted and attached as schedule "A" ; 2 . The sums to be raised by means of taxation for the year 1991 be as follows , subject to the adjustments are by law required to be made : ( a ) For general municipal purposes, a sum of $ 295,025 such amount to be reduced by a sum of $ 155,000 representing the municipality' s share of the 1991 resource equalization grant pay- ment under The Ontario Unconditional Grants M. T. 0 . - Act, 1975; and further reduced by a sum of . . $ 3 ,644 representing the municipality' s share of that telephone and telegraph gross receipts payable under 111 section 161 of The Municipal Act : and further reduced by a sum of $ 14 , 248 representing the municipality' s share of payments- in- lieu of taxes from all sources payable during the year ; and finally reduced ( increased ) by a sum of any available surplus (deficit ) from any previous year in respect of general yielding a net levying for general municipal purposes of $122 , 133 which includes $1 , 890 for Long Point Conservation Authority ( b ) For County purposes, a sum of $61 , 527 . 18 as requisitioned by the County of Elgin, such amount to be reduced by the sum of $1 ,565 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 by the sum of $ ( 0 ) 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 $ 0 representing any overlevy ( underlevy) in respect of the of the 1989 County requisition; for a net levy for County purposes of $59 , 962 . ( c) For Public School ( elementary) purposes ,a sum of$90,494 such amount being reduced by a sum of $2,563 representing the amount of that portion of telephone and telegraph gross receipts payable under section 161 11, of The Municipal Act that is attributable. to public -- school levies ; and further reduced by a sum of . . $ 0 representing that portion of payments in lieu of taxes that is attributable to public school levies ; and finally reduced ( increased ) by a sum of $ 0 representing any overlevy ( underlevy) in respect of the 1990 Board of Education levy for public school purpose for a net levy for public school ( elementary) purposes of $87 ,931 ( d ) For secondary school purposes , a sum of $74 ,642 such amount being reduced by a sum of $ 2 , 321 representing the amount of portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act that is attributable to secondary school levies; and further reduced by a sum of . . $ 0 representing that portion of payments in lieu of taxes that is attributable to secondary school levies ; and finally reduced ( increased ) by a sum of $ 0 representing any overlevy ( underlevy) in respect of the 1989 Board of Education levy for secondary school purposes ; fc� a net for secondary school purposes of j $72 , 321 ( e ) For elementary separate school purposes , a sum of 41/ $4 ,035 . such amount being reduced( increased ) by a sum of$ 0 any overlevy ( underlevy) in respect of the 1990 levy for Roman Catholic separate school purposes; for a net levy for separate school purposes $4 , 035 . ( f ) For secondary separate school purposes ,a sum of $2 , 483 . such amount being reduced ( increased ) by a sum of $ 0 any overlay ( underlay) in respect of the 1990 levy for Roman Catholic separate school purposes; for a net levy for separate school purposes of $2 , 483 . 3 . There shall be levied and collected upon the whole of the assessment for real property and business assess- ment roll , the following rates of taxation . for the year 1989 : Residential Commercial / and Farm Industrial & Mills Business Mills General municipal purposes . . 115 . 35 135 . 711 L . P . C.A. 1 . 81 AI 7, 1.65 2 . 13/ "d 4.9y/ County purposes 57 . 523 67 . 674 Public school purposes 162 . 18 190 . 82 Separate school purposes162 . 404 191 . 056 11/ TOTAL PUBLIC SCHOOL RATE336 . 863 396 . 335 TOTAL SEPARATE SCHOOL RATE337 . 087 396 . 571 Yielding a consolidated public school rate for residential and farm assessment of 277 . 84 mills and for • commercial , industrial and business assessment of 326 . 88 mills; and yielding a consolidated separate school rate for residential and farm assessment of 275 . 39 mills and for commercial , industrial and business assessment of 323 . 40 mills . 4 . In addition to the rates and taxes authorized to be levied pursuant to clause 2 of this by-law, all other municipal local or direct taxes, rates and charges, the collection of which is the responsibility of the municipality or any of its Officials, be levied and collected in the manner directed and authorized by the provisions of any General or Special Act of by-law of the municipality. The local improvements to be collected are to include water frontages , water connections and sewer connections . The taxes shall become due and payable on the 12 day of June, 1991 , but may be paid in installments on the 12 day of June, 1991 , the 15 day of July, 1991 , the 16 day 111 of Sept . , 1991 provided that upon failure to make payment on any installment date, the whole amount shall become due and payable forthwith . There shall be imposed a penalty for non-payment for taxes on due date of any installment thereof , the amount of 1 1/4 % of the amount due and unpaid on the first day of default , and an additional penalty of 1 1/4% shall be added on the first day of each calender month thereafter in which default continues, but not after the end of the year in which the taxes are levied . That where any taxes or other rates remain due and unpaid after the 31st day of December in the year in which they were levied, there shall be added thereto interest at a rate of 1 1/4% per month or faction thereof until the said taxes and rates are paid . The Collector is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom notice is required to be given . All taxes shall be paid into the Office of the Treasurer or at the Canadian Bank of Commerce, Port Burwell , pursuant to Section 386 ( 8 ) of The Municipal Act . ) Where a tenant of lands, owned by the Crown or in which the Crown has an interest , has been employed either ' within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Collector on demand out of any wages, salary, or other remuneration die to such employee the amount then payable for taxes under this by-law and such payment shall relieve the employer from any liability to the employee for the amount paid . The Collector and the Treasurer are hereby empowered to accept part-payment from time to time on account of any taxes due . All collections are to be applied first to interest and penalty. Secondly, to outstanding work orders and utility collections placed on the roll , and finally, to principal tax amounts most outstanding year . This by-law shall come into effect upon the date of its final passing. Read a first and second time this 14 day of May, 1991 . Read a thin, tim- d finally passed this 14 day of May, • 91 . % / • gee indy • in , REE ' 'P' s G. ml in, CLERK 457. TAX INCREASE DRAFT - 7 , EVENWE = PROJECTED , BUDGET 90 ACTUAL 90 BUDGET 91 ------VILLAGE----- • • _ VILLAGE'TAXATION 100800 • 108143 - 120243 CURRENT PENALTIES 1000 1000 1000 SUPPLMENTALS 0 1453 3200 ARREARS INTEREST 8000 8000 8000 GRANT IN-LIEU/TELEPHONE 22600 22518 24900 UNCONDITIONAL GRANTS 103900 103345 109000 EYC 0 6200 0 SEED 0 4580 2400 TAX WRITE OFFS • 0 •-2374 0 ROADS GRANT 38500 38500 46000 REC GRANT 6000 6000 6000 LICENCES 4200 3169 - 4500 BUILDING PERMITS- 8500 9742 2500 PLUMBING PERMITS 2000 1995 1 000 DOG TAGS/OTHER 0 1000 1200 RENTAL INCOME OME 20000 20332 21500 BANK INTEREST . 6000 8895 6500 OTHER 8200 15300 8300 FIRE DE PT DONATIONS 0 17500 0 OHRP ADMIN 1500 1190 1500 MILTON TOWER MGT --`6700 6186 8800 PLANNING & ZONING 4000 3910 4000 LEGAL 2000 0 1 700 'TAX SALES 1000 0 1 000 FROM WORKING RESERVES 26400 26400 0 GOLDEN TRIANGLE 0 5000 0 MARINA 0 20000 6000 BOARDWALK 0 20000 0 OHRP INTEREST FORGIVEN 0 4800 0 DREDGE SALE 31000 • 31000 0 • STAFF AT SEWAGE PLANT • 0 • 0 15500 Ti-.LE OF LAND 0 0 11500 SUB TOTAL VILLAGE 402300 493784 416243 HARBOUR---.--_ DOCKAGE 22000 9682 9700 BOAT RAMP LEASE 1000 1000 1000 SMALL CRAFT • 25000 24921 25000 DONATIONS/SALE OF SAND 6 10500 • 5000 BOAT RAMP 14000 8769' 8800 SUB TOTAL. HARBOUR 62000 54872 49500 TOTAL 464300 548656 465743 • I • PROJECTED BUDGET 90 ACTUAL 90 BUDGET 91 EXPENSES / • --VILLAGE -i---VILLAGE PAY 14000 13224 13500 '- 0UNC3 L TRAVEL • 2000 639 • 1000 ' ELECTION EXPENSES 0 01500 • - ADMIN SALARIES 52100 54000 • 35200 FRINGE BENEFITS 2800 2800 3400 HEALTH TAX 600 561 327 WCB 2500 3900 3900 . ADMIN TRAVEL 1000 1769 1000 SUMMER STUDENT 5000 0 0 EMPLOYMENT PROGRAMS 0 12798 2400 DAY CAMP 0 624 0 ADMIN SERVICES 7000 1121 1100 AMTEL OFFICE 0 4529 4300 STATIONARY/OFFICE 7000 8040 7000 TAX FORMS 300 1267 500 TAX SALES 1000 0 1000 POSTAGE COURIER 1500 2216 1500 • OFFICE FURNITURE 500 306 3040 i 1549 2281 3162 3200 33500 0 PROMOTION 2500 2500 500 2000 COMPUTER VILLAGE 8800 MISCELLANOUS - 3000 BANK CHARGE/LOAN INTERST 0 GARBAGE DISPOSAL 23000 32102 EROSION CONTROL 0 0 0 PARKS & BALL DIAMOND 2500 642 500 SECTION 25 0 2535 0 • • REC BOARD 6000 12821 6000 MUSEUM HYDRO/TELEPHONE00 11 _ _ 1087 r J5� MUSEUM WATER/SEWER 600 359 150 LIGHTHOUSF 100 139 100 YOUTH PROGRAMS 2500 0 0 LAND PURCHASE 19500 20180 0 OHRP PAYBACK 1500 3140 0 ORHP INTEREST 500 0 0 INSURANCE 14000 10393 10000 r CONTINGENCY 135000 16479"' BLDG/PLUM/BYLAW 6200 9670 3500 ANIMAL CONTROL 2100 2422 2100 OTHER PROTECTION/BYLAW 1200 100 0 OUTER HARBOUR CONSULTANTS 35000 33277 7200 PLANNING & ZONING 4000 . 17600 5000 SURVEYOR 0 0 700 LEGAL 6000 7734 2400 TANK REMOVAL 0 0, 2000 AUDITOR 10600 14137 6000 DOCKS 0 31544 2000 BOARDWALK 0 21275 1000 MUNICIPAL OFFICE 300 2145 300 OPP 200 315 • 300 LIBRARY 2500 29729 2000 PUC/MTC YARD 100 50 3000 • 11/ TRAILER PARK 500 1980 1000 • EAST BEACH 1000 315 400 ROADS SALARIES 41300 40000 44000 FRINGE BENEFITS 1900 1900 2100 HEALTH 'TAX 400399 300 ROADS ENGINEERING 0 - 0 8500 , •• EQ 'IPMENT REPAID' 3000 3787 37a0 -. OM ER AL SHOP 1500 54204800 • TRUCK LEASE • 4800 4707 4700 ROADS MATERIAL 40000 33858 . 19000 . -DRAINS " 5000 • 9581 20000 SIDEWALKS 100 i0 10888 0 CHIPPER RENTAL 1000 0 0 RESERVE FUND TRACTOR 3000 0 4110 EQUIPMENT 500 745 MAINTENANCE GARAGE HYDRO 0 145 250 STREET LIGHT MTC: 3600 5929 4000 STREET LIGHTS NEW 5000 0 2500 XMAS LIGHTS • 1200 922 1000 FIRE DEPT WAGES 10700 10241 10700 FRINGE BENEFITS 100 100 100 HEALTH TAX 200 200 • 200 FIRE EQUIPMENT - 0 0 3000 MATERIAL 5800 5561 6000 TRUCK REPAIRS 8800 7505 8800 UTILITIES 1900 4418 3900 DONATIONS FIRE DEPT ASS. 0 17500 0TRAINING 2900 2394 3300 RESERVE FUND TPUCK 3004 0 . r�13600'h 1990 DEFICIT REPAID 0 0 69487 TO RESERVES SUB TOTAL VILLAGE 421700 550117 416242 'IL—HARBOUR-- WHARFINGEP 3600 2.000 2000 DREDGING 50000 57884 39000 INNER HARBOUR TAXES 0 3274 3600 SMALL CRAFT HARBOURS 8300 4868 4900 SUB TOTAL 1APBOUR 61900 68026 49500 TOTAL 483600 618143; 46574.,3 SURPLUS / -DEFICIT -19300 ._69497 0 • SUMMARY OF MAJOR GROUPS VILLAGE TOTA-L REVENUE 402300 493784 416243 TOTAL EXPENSES 421700 550117 416243 SURPLUS/-DEFICIT -19400 -56333 0 I/ ' • HARBOUR . TOTAL REVENUE 62000 54872 49500 7111711111.11.1 ANIIIIIIIIIMINIMIIIIIMMI ) . . , . 0 1 TOTAL EXPENSES 61900 68026 - V 49500 • • • SURPLUS/-DEFICIT 100 -13154 •0 • • • • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting )44" 7 / ,19W Moved By ...j2.7a4.741—seisl_. That leave be granted to introduce By-law440 ..,b51.21viii/ Ayl, /Cf Cl / z (,42 )' and • . and that Bylaw presented herewith be read a first time. 110 By-law read a 1 time Moved By ......____€ -....... ..,--../ ...(L7- That By-law now read a first time be read a second time forthwith. Seconded By.44.7.-........2... .....—........ n 0 - By-law read a .................... Moved By - — ,b742teT . Z That By-law now read a second time be read a third time forthwith. Seconded By .._ "--- —A-,4-----"--7— By-law read a ....—.a________ time Moved ...._ . .. ___.. '.7 -- That By-law now read a third time do pass, ...... _ __.11:CrzZ--'s---- y..--'4 be engrossed by the Clerk, and signed and Seconded B . sealed by the Reeve. III . : if/mAiiv I I ,, • 4 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91 -15 40 To appoint a interim Fire Chief for the Village of Port Burwell The Council of the Corporation of the Village of Port Burwell enacts as follows ; THAT Tom Millard is hereby appointed interim Fire Chief for the Village of Port Burwell . That he perform such duties as are described by law and as required by Council . That any by- law not consistent with the provisions of this by-law be and is hereby repealed. This by- law comes into effect on date of passing . Reeve / THE MUNICIPALITY OF VILLAGE OF PORT BURWELL III _ ...... - Meeting 49 -- 7' ,19.T. Moved By 74- A9,--- el-. 7Z‘X‘n: That leave be granted to introduce By-law to Seconded B / / —V .-----t--1,12-11-Ar---1,1"--. t . and that By law presented herewith be read a first time. Oee 4.x. 9tial Dy4) IIIBy-law read a ______I time Moved By ....._____ / ....i,/ ' That By-law now read a first time be read a isecond time forthwith. a Seconded By -. - I ,...v.....i,ite.4: ..)..*--11,4A $4 ei-AL ilalgVII By-law read a .......472----Rme Moved By .—_-11:4.10-.....L. . 44,/-*-- I That By-law now read a second time be read /_. a third time orthwith. .., Seconded By ----... Ci.dli t ‘ c's.- • kv_C\-, .Aliir @tett )i)41 ti) By-law read a .....---4....--- time Moved BY - --- --------7- - ---- •1,---/-1-a ------ That By-law now read a third time do u, ,r---- ._____ 1 r i_1(. .. ______ be engrossed by the Clerk, and signed and Seconded By . sealed by th Reeve. it ...„- • 110 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-16 • Being a by-law to provide bridge financing to the Port Burwell Farmer ' s Market . Whereas by Chapter 302 R . S .O. Section 113 of the Municipalfc / , Notwithstanding any special provision in this Act or in any other general or special Act related to the making of grants or granting of aid by the council of a municipality may, subject to section 112 , make grants, on such terms and conditions as to security and otherwise as the council may consider expedient , to any person, institution, association, group or body of any kind, including a fund, within or outside the boundaries of the municipality for any purpose that, in the opinion of the council , is in the interests of the council , is in the interests of the municipality. The Corporation of the Village of Port Burwell hereby enacts : 1 ) The Bridge financing will be provided to the Port Burwell Farmer ' s Market until the grant is received from the Ministry Agriculture and Food . 2 ) The funds will be paid back to the Village of Port Burwell by the Port Burwell Farmer ' s Market, no later than ten ( 10 ) days after receiving the grant. This by-law comes into effect on day of passing . Clear 1.4111410• • Date ,- /g-//707 0/ Re - • e ORSDate ck, • .. - , , O THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting • 49.27 • C .,i Moved B ---' . -.w- '�- / �-.�.; �j That leave be granted to introduce By-law Seconded By _-..-_ .�I. - , . !� /!i•� .__'. -7,-.4 v _ /6 .40,,,,L.,y,, e,/, ,_...1,-).- -...1-ei.vv- --4jece---":"...,,,,,,,,,,e13 ji„,,,(i.„ i_ ,._;,,,2 .__. "i-/ P--,e,ty3,1,1 _ ilfrbe,tviee)i and that By-law presented herewith be read ethyl time. • By-law read a I s%/- _ time .ox v t QS,. ‘ t -e-Oe- s1/4..)..".1- - s` lAi4 --- Movd By That By-law now read a first time be read a second time forth Seconded : . . .__ _.._..__.__ �- r�keu IQ , Moved By ..... That By-law now read a second time be read -_- a third time forthwith. Seconded By _ n. 3 ''` Qb` k $Z)Ree )e- By-law read a ..-.--- time �- 'a Jai Majed B, . •► ..._ -- - / That By-law naw read a third time do pass, ,/Or be engrossed brthe rk, and signed and Seconded By .i►. — / _ engrossedsealed by the Reeve. ���►►,.,� • • VILLAGE OF PORT BURWELL . BT-LAW 91;2ZA The Council of the Corporation of the Village of Port Burwell under Section 17(6) of the Planning Act, 1983, hereby enacts as follows: 1. Amendment No. 01 to the Official Plan for the Village of Port Burwell consisting of the attached text and maps, is hereby adopted. 2. The Clerk is hereby authorized and directed to make application to the minister of Municipal Affairs for the approval of amendment No. 01 to the Official Plan for the Village of Port Burwell. 3. That this by-law shall come into force and take effect on the day of the final passing thereof. READ A FRIST. SECOND AND THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF AUGUST, 1991. 0 REE E 4", ',,. . - - CLERK Certified that the above is a true copy of by-law 91-22A, as enacted and passed by the Council of the Village of Port Burwell on this 13th day of August, 1991. LWT Clerk-James G. Timlin 0 CERTIFICATE OF COMPLIANCE WITH • PUBLIC INVOLVEMENT AND NOTICE REQUIREMENT I, James G. Timlin, Clerk for the Village of Port Burwell hereby certify that the requirements for the holding of at least one public meeting as set out in subsection 17(2) of the Planning Act, 1983 and the giving of notice as set out in ski!-section 17(8) of the Planning Act, 1983, have been complied with. Clerk • • • • VILLAGE OF PORT BURWELL NOTICE OF ADOPTION OF AN OFFICIAL PLAN AMENDMENT (Section 17(8), Planning Act, 1983) TAKE NOTICE that the Council of the Corporation of the Village of Port Burwell adopted Amendment No. 01 to the Official Plan of the Village of Port Burwell on the 13th day of August, 1991 pursuant to Section 17 and 21 of the Planning Act. A copy of the Official Plan Amendment is available for inspection at the Village Municipal office, 21 Pitt Street, Port Burwell, during office hours. The Official Plan Amendment changes the land use designation of the properties known municipally as 34 Chatham (con 1 Pt lot 11 RPR 1 1 R 3756 Part 1 ), 2 vacant lots on the old Bridge Street next to 34 Chatham Street (Con 1 Pt lot 11 RPR 1 1 R 3756 Parts 2 and 3), from open space to residential. The adopted Official Plan Amendment will be submitted to the Minister of Municipal Affairs for approval. Pursuant to Section 17( 1 1 ) and 17( 12) of the Planning Act, the Minister may • refer the Official Plan amendment to the Ontario Municipal Board where the Council or any person or other body requests such referral, he must include therewith a statement in writing setting out the reasons for the request. Date at the Village of Port Burwell the 14th day of August, 1991 James G. Timlin Clerk of the Village of Port Burwell 21 Pitt Street Port Burwell, Ontario NOJ 1T0 • AMENDMENT NO. 01 TO THE OFFICIAL PLAN VILLAGE OF PORT BURWELL PART A-The Preamble I . The purpose of the amendment is to change the land use designation of the properties known municipality as 34 Chatham (con I pt lot 11 RPR 1 1 R 3756 part 1 ), 2 vacant lots on the old Bridge Street next to 34 Chatham Street (con I pt lot 1 1 RPR I 1 R 3756 parts 2 and 3), from open space to residential. 2. LOCATION The land affected by this amendment is the area shown on Schedule A attached hereto. Schedule A to the Village of Port Burwell Official Plan will be amended by changing the land use designation on those lands as shown on Schedule A & B attached to this Official Plan amendment from open space to residential. 3. BASIS The purpose of the Official Plan amendment would permit the existing • uses which is residential. The line dividing the residential use from open space was incorrectly drawn when the maps were prepared. This amendment is to correct the over site. PART B -The Amendment This document entitled PART B-The Amendment consisting of the following text constitutes amendment No. 01 to the Official Plan of the Village of Port Burwell. 1 . Details of the Amendment The Official Plan of the Village of Port Burwell is hereby amended as follows; 1. Schedule A to the Official Plan of the Village of Port Burwell is hereby amended by changing the land use designation that applies to those lands as indicated on Schedule B to this Official Plan amendment from open space to residential • 2. This amendment shall be implemented by an amendment to the zoning by-law 91 -03 in accordance with the Official Plan of the Village of Port Burwell. 1 - Z - PART C -APPENDIX 1. Minutes of Public Meeting. 60(_ik16,11f S� h��i /4, / RESTRICTED ARE. OS ZONING BY-LAW os VILLAGE OF PORT BURIN •t 1 AMMO, . T R 1 JR uu -r�. "iiin nOS LEGEND _1111 aril illi Nil ®"" 1.u3ir,/1,0 CI ' y. RI mai mei' RESIDENTIAL ROI mart R2 smi numa RESIDExnu �'—�•. ��1 ►/ R3 ilum•FAMLY RESIDENTIAL ro smut Il1,\� Agitipe....., R4 MOBLE HOME RESDEKTLAL �. �� �/C RC RESORT RE SEAN TIAL CI GENERAL CODUERCIAL 11 0;• HL• l�" '• 1, `�►.� �Q CZ TOURIST CaM�ERCIAL I ll�i i- ,I C..QF MIA R C3 OONMTOWN COWAERCIAL Illlllli���� M .ATRIAL ":IL ""EW"•��� I NITITUTIONAL I 1 110 . 11,• % lir OS OPEN SPACE 111112 111:.°- HL HAZARD LANo 1111 ."' �"�' PD PRaPosEo aEtiELOPUEtrT ■IIIY��i� R ►4 w q i-a a I C\I '"`� ,, • (t� tr 1 `� I [ ~ I 1 14 cI 05 + 0 Res l eh4;a d R- h ,zrm• VILLAGE BOUNDARY I--{ — h L R2 1 R3 PLANNING AREA t °°' _ '°o ■(TK WTD SCALE . sot au. wn tool q0 RI IA! • Consu Group „, The Corporation of The Village of Port Burwell P0 Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-35 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 91-22, being a by-law to Amend the Official Plan, shall he changed to BY-LAW 91-17. By-law 91-22 being a by-law to regulate the use of land and to amend By-Law 91-03, shall remain. 2. BY-LAW 89-20, being a by-law to Enter into an Agreement with Ed Jedriak, shall be changed to BY-LAW 89-19. By-law 89-20 being a by-law to enter into an agreement with Gordon Craig, shall remain. 1 1111.111. J This by-law read a{list and second time this 25th day of October, 1994. td I! 7 Thomaesbitt, Reeve David R. ree, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 25th clay of October, 1994. Thom. . esbitt, Reeve - D. . ree, Administrator/Clerk-Treasurer • 111 ' BY-LAW NUMBER 91- 18 • Being a by- law to set remuneration of the Reeve and Council and to provide for the paying of expenses WHEREAS The Municipal Act , R . S .O. 1980 , Section 238 permits Council to pass a by- law for paying of remuneration to a member of Council and such remuneration may be determined in any manner that Council considers advisable . AND WHEREAS Section 239 of the said Act permits Council to pass a by- law to set maximum amounts or rates that may be paid in respect of expenses . THEREFORE Council enacts that the following rates of remuneration be paid; To Whom For Which Amount Amount Peeve Two regular meetings/mth 84 . 00/meet as set by by- law Reeve Special meeting 84 . 00/meet $42 . 00/meet • over 2 1/2 hours under 2 1/2 hours Councillor Two regular meetings/mth 73 . 50/meet ) as set by by- law Councillor Special meetings 73 . 50/meet $36 . 75 meet over 2 1/2 hours under 2 1/2 hours Reeve & Convention attendance determined Council resolution NOTWITHSTANDING the foregoing , if attendance by the Reeve or a Councillor at a meeting requires time off work , remuneration shall be on the basis of a full meeting regardless of the actual time spent in attendance at the meeting . PRIOR approval by Council to attend meetings other than regular Council and special meetings is recommended . Prior approval may not be possible do to the scheduling of regular Council meetings . The Reeve or Councillor will attend the meeting and report to the Treasurer their attendance . The Treasurer will keep a record of all these meetings and at the beginning of each month will submit to the Reeve and Councillors a list of all meetings that were attended, subject matter and who attended. This will also include meetings the Administrator/Clerk/Treasurer attended. 111 AND FURTHER MORE ; to be paid for a regular or special meeting the Reeve and Council must be in attendance at the meeting . A "special meeting" is defined as a meeting of Council other than a regular meeting , called pursuant to section 57 , subsection 2 of the Municipal Act . 4b i . AND FURTHERMORE ; expenses incurred by a member of Council while _ att nding such conferences , courses , conventions on other functions as are approved by resolution of Council shall be reimbursed in amounts and at such times as Council may by resolution determine . AND FURTHERMORE ; automobile expenses incurred by members of Council , officers and servants of the municipality as a result of their acting either within or outside the Municipality as members of Council , Officers or Servants shall be repaid at the rate of $0 . 31 per km travelled. AND FURTHERMORE ; be it enacted that while on the Municipality' s business , that a meal allowance .be provided to be no more than $35 . 00 for each 24 hour period providing that the time on business has been more than 12 hours . A proper invoice must be provided to the Treasurer . Meal Schedule Time on Village business Allowance 2 to 4 hours 5 . 00 2 to 8 hours but more than 4 hours 10 . 00 • 411 2 to 12 hours but more than 8 hours 35 . 00 Automobile expenses new rate will come into effect on date of passing . t This by- law is effective January 1 , 1991 . This by- law replaces by- law number 91 - 17A dealing with Reeve and Council remuneration . ,- MOVED B' , ,t t L_ / cLt SECONDED BY Clai , >1L ' DA L 0/1/ / g/ /1 CARRIED .,.. _..__ ...-- reeve That by- law 9 - • be read a first time _ Read and arr ed, , �.xV��-b�.� . . 11 e -rte _ 'ATE .. I MOVED BY. �- — SECONDED BY , , ...•. rill• tt'I • CARRIED ------_--Reeve ' E'PL)e, That by- law 91- be rea•,� a econd time . Read and dispen ed with . MOVED BY �... _:'4 A SECONDED BY _DATE Loo, 1 / mio a CARRIED-.___ `i -.,..t! __Reeve That by- law 91- . . •e read a third time. Reading dispensed with , finally passed . / r ' ,A,._ 0111111L ( 40 100FK 4/1 litiEP Reeve Ciri Allin Clerk/+easurer James G. Timlin THE CORPORATION OF THE VILLAGE OF PORT BURWELL FY-LAW 91- 19 • Being a by- law to regulate animals on the beach and glass containers WHEREAS it is deemed expedient and necessary to prohibit animals on the East Beach and to prohibit glass containers on the East Beach. THEREFORE , be it enacted by the Municipal Council of the Village of Port Burwell as follows : No person shall allow/walk their dog or horse on the East Beach. No person shall carry/use glass containers/bottles on the East Beach. Any person convicted of a breach of any of the provisions of this by- law shall be subject to a penalty of up to one thousand ( $1000 . 00 ) dollars exclusive of costs and all such penalties shall be recoverable under the Provincial Offenses Act . This by- law ;hall come into full force and take effect upon the final passing thereof . C// • Reeve Dat _ 447 i ,�ik/ fly C erk I III _ THE MUNICIPALITY OF VILLAGE OF PORT BURWELL — Meetinv 4 / ,19 67/ Moved `: That leave be granted to introduce By-law,ldJ Seconded Bye.9 . ,fr24Zef.. - ci / _ 1 --ZW‘- 1-e-re-ciet4 ..itzi-1,(..y.de ---r,-?-, 7Y-, ._440,,a -A.--)--1 1--l'f--a-°`-- .....e„.... -A.,,,,,,_ and that Bylaw presented herewith be r� a first time. • By-law read a / S. time Moved By _... 5 --- That By-law now read a first time be read a second time forthwith. Seconded B ._. - . .s:>.... . ...PZ_._.....� i,��� Q G By-law read a .t -----.-_ time ict Moved By -11 . - " ., dr._ / That By-law now read a second time be read // a third time forthwith. Seconded By 't B w read a .-.a- time ►Q-(: 2 e.�c,, &ill AdOP Moved By .... 40" . --)///: - z , , That By-law now read a third time do pass, / be engrossed by the Clerk, and signed and Seconded By A -- --- -- sealed by the Reeve. .J„,k,4 oft i 4,7. - ,ver Re c_J t__- 1 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91 —c • • Beteg a by- law to regulate camping along the Big Otter Creek WHEREAS under provisions of paragraph 15 , section 232 of the Municipal Act R . S .O. 2980 , Chapter 302 , the councils of local municipalities may pass by-laws controlling camping within the municipality. AND WHEREAS the council of the Corporation of the Village of Port Burwell deems it necessary and expedient to prohibit camping on certain lands along the Big Otter Creek. AND THEREFORE the council of the Corporation of the Village of Port Burwell hereby enacts; 1 ) There shall be no camping along the Big Otter Creek . 2 ) Areas may be designated by council resolution. 3 ) Appendix A forms part of this by- law which highlights the area that camping is not permitted . • Any person convicted of a breach of any of the provisions of this by- law shall be subject to a penalty of up to one thousand ( $1000 . 00 ) dollars exclusive of costs and all such penalties shall be recoverable under the Provincial Offenses Act . This by law shall come into full force and take effect upon final passing thereof . Reeve Date 7 e41#4 Clerk Dat THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • Meeting... .. ,? ,19 /.. Movedc--- - _ That leave be granted to introduce By-law 4' Seconded By o' * // -20 6.-€.1-4^-4? •-.-119 --.11/).703'1-4-2 •--z ,'"1," "71,--7/. ._ - 7 ife4 ' 6 - 1-,ee/4 and that Bylaw presented herewith be read a first time. • By-law read a time / Moved By --------.---.- ? r e . - -.- That By-law now read a first time be read a second time forthwith. Seconded By_..,._____ ,-0.-.7-- 4 .2Z477-1°4:7204-2:...-.---°c\ . ---) P.r"'-'. G--1/4(4,el&L Uit.. .ii11114‘ e.)':..10A-4114.(- By-law read a ..-.--_ time Moved By 1 --- ----- , —._ ojefA / Thad)%" t By-law now read a second time be read a third time forthwith. Seconded By ------ - t )1/4 G�� *icti By-law read a ...__ s----- ---- -�• �t 6(-- - Moved By - 452"---e--- ---------- That Bylaw now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By . --- i - -j2..7. --- - sealed by the Reeve. oF PORT 80 f THE CORPORATION OF THE _ VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ I TO 41111114:2.1 telephone (519) 874-4343 • fax (519) 874-4948 4 PORTUS REFUGIUM Memo Date: July 9, 1996 To: Council From: D. Free Re: Attached Resolution, Tub Daze Weekend, Bylaw 91-20 Council: I received the attached at 2:35 pm Tuesday July 9, 1996 as an agenda for the July 9, 1996 Regular Council meeting. My comments are as follows; 1. Camping in this area is specifically against bylaw 91-20 (attached for your perusal). 2. Security can be accomplished by appointing an individual or individuals to patrol the area. 3. Camping has been addressed as a violation by the Health Unit and Long Point Region Conservation Authority (correspondence and direction 1993 and 1994) 4. Camping (specifically FREE camping) "flies in the face" of local businesses trying to make a living during the peak period. 5. Bylaw 91-20 contains provisions for specific areas as approved by Council resolution however the preceding history and information would nullify the need for the resolution. 1 David R.Free,CET,AMCT • Administrator/Clerk-Treasurer One final question, What bylaws does Council want enforced? Both staff and myself are hec5ming increasingly confused as Councils direction which is to he articulated by bylaw; Jurisdiction of councils -- s. 101(1) 101. (1) Except where otherwise provided, the jurisdiction of every council is confined to the municipality that it represents and its powers shall he exercised by by-law. General power -- s. 102 102. Every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters riot specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 210. By-laws may be passed by the councils of local municipalities. Chief administrative officer -- s. 72 72. The council may by by-law appoint a chief administrative officer, who, (a) shall have such general control and management of the administration of the government and affairs of the municipal corporation such duties as the council by by-law prescribes: and (b) shall be responsible for the efficient administration of all its departments to the extent that he or she is given authority and control over them by by-law. Direction in this and other matters is required, otherwise staff is unsure of its role. i4. e Encls. 2 • Resolution July 9, 1996 MOVED BY: / A'� ' SECONDED BY: \ k WHEREAS the Civic Weekend and Tub Daze is important to the tourism economic development within the Village of Port Burwell . AND WHEREAS for Tub Daze 1996 there is to be a display of antique tractors in the Village. AND WHEREAS these antique tractors represent major financial investments to their owners and consequently it is their desire to camp close by the display area for security reasons. BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to allow overnight camping on the east river flats for the participants of the tractor show for the nights of August/3rd and 4th only providing that their camping units are completely self-contained. " I CARRIED: df / p" PORT BURWELL EVENTS COMMITTEE Minutes JULY 8, 1996 • 7:30 p.m. Business regarding TUB DAZE (CIVIC WEEKEND) Antique and Classic Car Show - Ed Roloson. Show along east river flats. Antique Tractor Show - Lyle Granger, Kettle Valley Pioneers. Showing along east river flats, self contained camping units adjacent to display areas Legion - Chicken Barbeque Saturday evening Rec. Committee - Will organize the parade, Beer Tent on East beach, Tub Races Sunday afternoon and other events on east beach, Fireworks Sunday evening off the end of the pier. James Peterson will assist with planning parade and act as coordinator for the weekend events. Scouting Organization - Fund Raising activities - Mary Ellen Miller, A Sugar Shack, possible Dunk Tank and Youth Dance in the Scout Hall Saturday evening. The parade from the Legion parking lot will begin at 11 :00 a.m. and proceed west along Wellington Street to Robinson, south on Robinson to Brock Street. East on Brock to Memorial Park. The Classic cars and antique tractors will peel off at corner of Brock to proceed to display area on flats unless beach hill is too steep for some tractors. Firemen will have a pancake breakfast Sunday morning at the firehall. Historical Society - Organize historic walk around village Trinity Church will be holding a special 160th anniversary service with Rev. Stephen Hendry officiating. Church will be open to visitors Sunday afternoon. Trinity Parish Ladies Guild - Quilt Show and Refreshments Saturday and Sunday Ron Bradfield will encourage boats to have a lighted boat parade out of the harbour prior to the fireworks. Advertising flyers will be circulated to this effect. Craft Show on Parish Hall lawn - organized by Debbie Travis and Bertha Brean. Optimist Club activities - Corn roast near car and tractor display Flea Market on museum parking lot - Malcolm Chapman will organize. Vendors must supply own tables. Funding needed for a Dixie Land Jazz group concert at the gazebo Saturday evening. (2 hours?) Dave Mason will investagate. James will investagate the possibility of other musical groups. Jim Hevenor suggested having a musical group Saturday afternoon among the car and tractor displays. Weekend will be promoted with media advertising and flyers. Other suggestions were: Entrance Fee for car and tractor display, Fee for parking in area at base of pier to recoup costs for the weekend. Need for food vendors. CANOE CHALLENGE - Jim Hevenor Jim reported that this year's race will on Saturday, August 10 at 2:00 p.m. starting from the north Vienna bridge. Registration prior to the race will again be at the Vienna Hotel. There will be three classes of races and $50.00 in prize money. Jim encouraged various groups offering challenges to others_ • • ` THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 91-21 A By- law to regulate and prohibit unusual noises WHEREAS the Councils of all Municipalities are permitted to pass by- laws under the provisions of Subsections 118 and 119 of Section 354 of the Municipal Act . R. S .O. 1970 , Chapter 284 and amendments thereto to regulate and govern the ringing of bells , the blowing of horns , shouting and unusual noises likely to disturb the inhabitants, and to regulate and govern the use of public address systems when 'used on highways, public lands or lands adi,acent thereto or when omitting sounds thereto. AND WHEREAS it is deemed expedient and desirable to regulate or prohibit unusual noise or noises likely to disturb the inhabitants of the Village of Port Burwell . THEREFORE, the Council of the Village of Port Burwellenacts as follows : 1 . That no person shall ring any bell , blow or sound any horn or cause the same to be rung , blown, or sounded, shout or 11 create , cause or permit any unusual noises , or noises likely to disturb the inhabitants . 2 . That , for the purpose of and not so as to limit the generality of Section 1 , the following noises or sounds shall be deemed to be unusual noises , or noises calculated to disturb the inhabitants , namely: (a ) The sounding of any bell , horn , siren• or other signal device on any motor vehicle , motorcycle , bicycle, or other vehicle of whatsoever kind except when required by by- law; ( b) The sounding of any such bell , horn , siren, or signal device for an unnecessary or unreasonable period of time; (c ) The sound or noise from or created' by any radio or phonograph, public address system, sound equipment , loudspeaker , or similar device or devic-es , of any musical or sound producing instrument of whatever kind, when such device or instrument is played or operated in such a manner or with such volume as to annoy or disturb the peace , quiet , comfort or repose of any individual in any dwelling house, apartment house, hotel or any other type of residence. • (d ) Any sound made by any animal or bird which disturbs the P pease, quiet , comfort or repose of any individual in any dwelling house , apartment house, hotel or any other type of residence. ' •-2- • (e ) The grating, grinding or rattling noises or sound caused by condition of disrepair or maladjustment of any motor vehicle, motorcycle , or t_. thr vehicle whatsoever or part or accessory thereof . ( f ) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorcycle, except through a muffler or other device which effectively prevents loud or explosive noises . (g ) The noise or sound created by the 'use or operation of any drum, horn, bell , radio or mechanical loudspeaker, or other instrument or device or sound-producing , or sound transmitting instrument or apparatus for the purpose of advertising or for attracting attention to any performance, show or sale or display of goods , wares merchandise or which projects noise or sound into any street or other public place. (h ) The noise or sound created by the use or operation of any radio or mechanical loudspeaker or amplifier or other instrument or device or sound- roduc_ in sound-producing , sound-reproducing , or sound transmitting instrument or apparatus in or upon any vehicle except for such time and under such conditions as the By- law Enforcement Officer may prescribe. 3 . That none of the provisions of this by- law shall apply to the following namely : (a) The use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting , public celebration or other lawful gathering , provided written permission of the • By-law Enforcement Officer has fir t been obtained. • ( b) Any Military. or other band or any parade operating under written permission first obtained from the By- law Enforcement Officer . ( c ) Any vehicle of the police or fire department or a: y ambulance or any public service or emergency vehicle white answering a call . (d) Any sound from a„y private radio in a motor vehicle, installed for the sole benefit or entertainment of the ` operator and occupants of such vehicle, when same is not audible at a distance of twenty-five feet from such vehicle . ( e ) Any case of public conveni -ince or necessity . • • I . , . - 3- ( f ) Normal activities of industr'y in any industrial zone as defined in the Village of Port Burwell zoning by- law. 4. (a) Any person convicted of a breach of any of the provisions of this by- law shall forfeit and pay, at the discretion of the convicting court , a penalty not exceeding (exclusive of costs ) the sum of $2 , 000 .00 for each offence, and every such penalty shall be recoverable under The The Provincial Offences Act , all of the provisions of which shall apply, except that the imprisonment may be for any term riot exceeding six months . ( b) The court , wherein the information is first laid, and any court of competent jurisdiction thereafter , may issue an order prohibiting the continuation or repetition of the offence .by the person convicted, and such order shall he in addition to any other penalty imposed on the person convicted. . 5 . This By- law shall come into force and effect on the date of the final passing hereof . 411 MOVED BY SECONDED BY DATE That By- law 91-21 be read a first time . Read and carried. CARRIED MOVED BY SECONDED BY DATE That By- law 91 -21 be read a second time . Read and carried. CARRIED MOVED BY • SECONDED BY DATE That By- law 91-21 be read a third time . Reading dispensed with, finally passed. . CARRIED , Reeve Ail, • Clerk - Treasurer THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 - Meeting .... .. - 19 '---7 / Moved By ..... 7)24.4.e............ _ ___ __ • That leave be granted to introduce By-law* Seconded By ._: !!... I / — l _Z44/ ' 1'1,' frtilt --- -"I 74A4 -41.-1/-11...441:022:Or• 1/4,...64.--11.,(44,44.44 "9-1,,e-t4.2.0.---. and that Bylaw presented herewith be read a first time. SY- 1110 By-law read a - / time Moved B !_.__ _ le _s ',. -- That By-law now read a first time be read a Seconded By -_-- -- second time forthwith. r __ ^ - -- ✓ �a�C G t-c'+.'tq IR 1 By-law . a •_...lime 1 Moved By ._e_ ). C jjeizei That By-law now read a second time be read 1✓�ja third time forthwith. Seconded By _._.__.__ -- - By-law read a ______ time A �, RelAR 4/ Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By : ���L- _ i-2/42,(4. -..i. , sealed by the Reeve. . derall".111.11k. / '/' ' el / \ A__ -e.e 0e-- • By-Law 91-22 A By-Law of the Corporation of the Village of Port Burwell to amend zoning By-Law 91-03 which regulates the use of land and the character , location and use of buildings and structures in the Village of Port Burwell . WHEREAS The Council of the Village of Port Burwell deems it advisable to amend By-Law 91-03 in accordance with the provisions of Section 34 of the Planning Act, 1983 : NOW THEREFORE the council of the Corporation of th Village of Port Burwell enacts as follows : SECTION 1 Application 1 . 1 Section 2 . 1 of this By-law shall apply to those lands shown on Schedule "A" attached hereto. Schedule "A" forms part of this by-law. SECTION 2 • Amendment 2 . 1 By-law No . 91-03 is hereby amended as shown on Schedule "A" attached hereto to rezone affected property from an Open Space (OS ) to a Residential Zone ( RI ) . THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 411/ Meeting - /3.,19..T • Moved ... d .. • � That leave be granted to introduce By-law), Seconded By ....... . .. �, :tI, f --7 /T ? and that Bylaw presented herewith be read a first time. III - By-law read a - I s� time Moved . -i- - That By-law now read a first time be read a /� secoond, time forthwith.Seconded By i/111 Q. 6 C S1/4 ...t,k,INZIlskiVit)---fee.Of , By-lave read a �.._.._._ _time A"Cl IVg / Moved By f /. _�I _____ 7 That By-law now read a second time be read a third time forthwith. Seconded - - - r • //�� f . 3 _.._. / '__ t,e0. C ' t ,,,e By- read a .----time tom `W� C� /1"1 c3lai Mov°d -ti. '1'r-. ) That By-law now read a third time do pass, aPIF • /1: be engrossed by the Clerk, and signed and Seconded By ' -.. . _ _ sealed by the Reeve. r1 41 , ___,,,,,-,, , ,c\.. Q_,k. 1\r._. b".4,91 KeecX_ G. 14"c1t 31c1c A 4,,t,4y.\ - r 1°' 111 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-23 To appoint a Fire Chief for the Village of Port Burwell The Council of the Corporation of the Village of Port Burwell enacts as follows; THAT Tom Millard is hereby appointed Fire Chief for the Village of Port Burwell Mr . Millard will receive $1200 . 00 per annum as well as the rate set for Fire Calls and Mutual Aid meetings . This appointment to Fire Chief is for a three year term. That he perform such duties as described by law and as required by Council . That any by-law not consistent with the provisions of this by-law be and is hereby repealed . This by-law comes into effect on date of passing. e. REEV-4 , . , / `4` ERK THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 1111 .. ...._ Meeting 4.y71 a ,19 .l y/ j Moved Br q.��.- -.- That leave be granted to introduce_$ Seconded By ..._.._._ / __2,,,,,_ / - , -5 c....4-4.4„/ 'ID ei/v.e.-1,,,ti---0 F:e-----, and that Bylaw presented herewith be read a first time. QJg4LQ� �� \11 1� e �Qej 4A1• By-law read a !f tiL / <_ . Ilh I Moved By /1e-al That By-law now read a first tim be read a �/ second time forthwith. Seconded --. .e.t.-�.---V.. rl-- an ,` 0.), ,, ,,-,A `._.\fk.,\ a-e4.)e- By-law read a time A t3/qp J MovedFir„,,.--_-_-9 � - 16- --- That By-law now read a second time be read •a third time forthwith. Seconded By __•---6-•1--- ---_._ _._. - _(x,..V V► CL Reece By-law read a ._.____ _v. ._ time ‘3111 1 i, Moved -" That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. • r Village of Pon Burwell 21 Pitt Street Port Burwell, Ontario NW ITn Dote: June 21, 1993 To: Council Members From: D. Free Re: Fire Chief/Deputy Fire Chief Remuneration It was brought to my attention that the Fire Chief, Mr. Tom Millard, and Deputy Fire Chief, Mr. Sam Taylor have been overpaid by a combined total of$630.00. Please see the attached By-Law and the summary of payment for the Fire Department Volunteers submitted November 30, 1992. I would recommend either a refund to the Village or a credit to be applied against the June 1993 remuneration. I look for the direction of Council in dealing with this matter. David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer Ends. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-23 To appoint a Fire Chief for the Village of Port Burwell The Council of the Corporation of the Village of Port Burwell enacts as follows; THAT Tom Millard is hereby appointed Fire Chief for the Village of Port Burwell Mr . Millard will receive $1200 . 00 per annum as well as the rate set for Fire Calls and Mutual Aid meetings . This appointment to Fire Chief is for a three year term. That he perform such duties as described by law and as required by Council . That any by-law not consistent with the provisions of this by-law be and is hereby repealed . This by-law comes into effect on date of passing . *v_. REEV 14, /It! _di 4414 „we Aft ERK ;r `. .L. /.... . . ..4 1.!. �. .:,. , .. �- WORK SHEET . .L . .,„:.:4. CUSTOMER: CONTACT: ADDRESS: �! TEL PROJECT az w - ( . h&ld ..., ,�, ".,0 .. ,, COMMENTS: %1 i 1 ii ; . _72. . ...4: 7 f , 7 The Better Insulation. „ ,,....4 • , , - _ g3jl _ '' ? o ► __�.- z `' � ` -2 �'� �N �� �4°1°°.36`�'1,� I tlJ'' qsp_ c. � g5_i h' /»R 7- , 1 at. 30 ' -2�'i '•a . ! 'Js � . . . ll. Agit !1' •' 4 ✓y r_ 11' _ ` _,``° II . . . '19' .. _: 1 I - !if.`-` - :• .- 8sto 9, . •e ' C -Al _ z, "' ' +/3! ..mss+`•` ; _ ��� .937 c, - i Rbc 12 _ya?"� I : i v7. 1 ,s«-.:. gio;° 933 'G , E PE 0 10, pv -� _-+ _' , , • .0 11./_Li " _ga-a / T _. _... _ ,, H • - - 9 , Jam` 19■, , ` ,,, .e AV 1 M■ • EINE 10 -idi^ - 00 M , 1 _: ; . 1 s �__• • .. I f. ■i /R` '"i MEm■•incl ' .19 f_-"� _—� -+ . i__ I.70- • 4$ ii0 ME fil / 5 el 10 „. ., 0 - • , • •-• 1 lor ! !.._ Nimmuniousirnim!tia. 1 a 4,,,i_ , , , �!1 iisfoifiray/lINSIIIMI=. .-- 1.1r), 1 . . J 1i ,. . ._ : _i__ :. .. _ .fir—;_-►- '. 4.io nt e •iiiI : " --t-- ' 4 =NE ki ILI _t_ . _._:______.7.__1.--...4 —1- . t--- C ! t 1 i 1 t; , •4. LTTiJ4 • • i • • 1G5rArr ouht ' •• 1 + 10CyCIED IMIEA 1 -1- - , -... . .. !.-i-_tom_ _ 1 THE M JNICIPALITY OF VILLAGE *OF PORT BURWELL Meeting ,4,,i- 4 ,19 / • Moved B ... ....... �.G, ----�^----_. » 1 nL��i�s n That leave be granted to introduce ie.- . Seconded By . �'/ 4 _,, cv — , 3 Vo g f::;--:-P c-X-LA/1 and that Bylaw presented herewith be read a first time. c 11 6-tv- N j.pit t t, f,\ (‘, 4‘_ By-law read a .__.___..1___—._.._. time 11/4.42_42 1 134 i Moved By ._. .40. . j That By-law now read a first be read a second time forthwith. � Seconded : - . -� —•--------- -4��4j‘Q� C1/4 0. 414a't..042. By-law read a - time A 13/71 Moved �/ - / _.._ That By-law now read a second time be read •a third time forthwith. Seconded By _ _____2 __"1.._._._ . CG..v v t C:ck -A, Re�,� By-law read a -_.—� .time � R 13/11. - Moved _ ....12144,1:1-1.1 -.. 21 '- That By-law now read a third time do 7 per, be engrossed by the Clerk, and signed and Seconded - . ---- .,r r e2. - _ sealed by the Reeve. • r/gel:' - ' • _. ‘,"/-02. 4-1'N. __________________ III THE CORPORATION OF THE VILLAGE OF PORT BURWELL , BY-LAW 91-24 To appoint a Deputy Fire Chief for the Village of Port Burwell The Council of the Corporation of the Village of Port Burwell enacts as follows; THAT Sam Taylor is hereby appointed Deputy Fire Chief for the Village of Port Burwell Mr . Taylor will receive $600 . 00 per annum as well as the rate set for Fire Calls and Mutual Aid meetings . This appointment to Deputy Fire Chief is for a three year term. That he perform such duties as described by law and as required by Council . That any by-law not consistent with the provisions of this by-law be and is hereby repealed . This by-law comes into effect on date of passing. • N\ . MI I REEV 71,, ,. — /I 11/ . A1iO 'K OP 410 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 10 _ ._ Meeting ---e-'r'''.--(!"---1 ,19., -- -c0)2 ./a . Moved By . -e.- �� That leave be granted to introduce By-law Seconded B --.- . , L / g9 °161,67-e"'7NAL a' #atr-rA/ 7 F:---e----z,. . C11-'1/4 and that Bylaw presented herewith be read a first time. ,�� s/- oar�i,Qct `-\; Qees.> - • By-law read a ....___�._._....._..._.._.-time 131, E Moved By -. .-..----- ..--M-- -- - �_ /_..... That By-law now read a first time be read a second time forthwith. Seconded By '� -. - . --»----- - By-law read a .__ _ /_.._ dam V%e__• 4, 0_,...i\ --",e,De. Moved By . ._. ,i .. .-... i - - -- / •#. / That By-law now read a second time be read a third time forthwith. Seconded By .....--• ----.6( -- 4 ----- •--- •-"1 ---- ._.._ By-law read a .--._-_ .•.-_-.____-time \Cs.-V v 1 0. c_t ru -eco e Moved By - -.rr,� .,.. That By-law now read a third time do Y pass, be engrossed by the Clerk, and signed and Seconded B• - -- - 0!- sealed by the Reeve. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 91-25 Being a By-law to start proceedings under the Municipal Boundaries Act WHEREAS the Council of the Corporation of the Village of Port Burwell deems it expedient and desirable to acquire a portion of the waterlot adjacent to the Village ' s southerly boundary: Therefore the council of the Village of Port Burwell enacts as follows : 1 ) the Council of the Village of Port Burwell requests the Minister of Municipal Affairs to initiate proceedings under the Municipal Boundaries Act . REEVE le& 4 O11P7 itog �� AL ill THE MUNICIPALITY OF VILLAGE OF PORT. BURWELL ..._ Meeting /5,197. c4(7,,v-0A1- Moved B .... y.5.. .......-.. _.-_ y„,. ... – 47 76'474 I, ; , That leave be granted to introduce By-law Seconded By ‘_w,<.? ,11-. ,)al 1(AC -v1;L-49-- and that Bylaw presented herewith be read a first time. i 6•71— a.%Cit Ql• , tcra P • By-law read a .. J . __Um 0.4 0,v_ct l 3 19 I Med 9 ---a - Th ...L/iZve4/ at By-law now read a first time be read a second time forthwith. Seconded By ...._... Ow -, B,-law read a t.21tim .1 Ot:Sk Cack...\Clky/ Peecic 3 /../fri. // c A,' ti-/ I That By-law now read a second time be read 1 a third time forthwith. Seconded la --- fis,r(ia. ----7 ..-c. ,aek By-law Zsd a ....--.--.)--------time o VP 4,-- _-) I PLAct - --‘.7: ------(--.---- . ( ; That By-law now read a third time do pass, ___ ./2144 - I be engrossed by the Clerk, and signed and Seconded By - - I sealed by the Reeve. • ilk l'OP . . _ . THE VILLAGE OF PORT BURWELL BY-LAW 91-26 Being a By-Law to authorize signing of the Marina and Waterfront Development Agreement WHEREAS the Council of the Corporation of the Village of Port Burwell deems it expedient and desirable to enter into agreement with SKINNER Associated Group for the Construction of the Marina and Development of the waterfront as a result of the Call for Developers : Therefore the Council enacts as follows : 1 ) Council authorizes the Reeve and the Clerk to sign the agreement (Schedule A) between the Corporation of the Village of Port Burwell and the SKINNER Associated Group . (91.-11/135 ontrii io 6) REEVE • ERR • . MEMORANDUM OF AGREEMENT made this a.7 day of August, 11991. B. E T W I E N ; THE CORPORATION OF THE VILLAGE OF PORT BURWELL (Hereinafter referred to as the "Village" ) THE PARTY OF THE FIRST PART, - and - 947435 ONTARIO INC. (Hereinafter referred to as "Skinner" ) THE PART OF THE SECOND PART WHEREAS the Village desires to have its approximately eight (8) acre site fronting on Lake Erie by six hundred and fifty feet ( 650 ' ) , more or less , developed as a mixed use development (which 11 site is hereinafter referred to as the "Village Land" ) ; AND WHEREAS the Village desires to have adjacent land currently owned by the Government of Canada (as represented by the Department of Fisheries and Oceans) comprising certain land and a portion of a waterlot extending nineteen hundred feet ( 1,900 ' ) , more or less, from the easterly limit of the harbour, together with another portion of a waterlot situated to the east thereof as a marina (which site and portions of waterlots are hereinafter referred to as the "Waterlot" ) ; AND WHEREAS the Council of the Village resolved by ' resolution dated May 29 , 1991 to select Skinner Associated Group for the purpose of developing a Waterfront Development and Marina; - 2 - AND WHEREAS Skinner is a member corporation of the Skinner Aeeoci5ted Group; AND WHEREAS the Village and Skinner have agreed that Skinner shall develop the Village Land and the Waterlot as a waterfront Development and Marina upon the terms and conditions hereinafter contained; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the sum of Five Dollars ($5.00) (the receipt and adequacy whereof by each of the parties hereto is hereby expressly acknowledged) and the mutual covenants and agreements hereinafter contained, the parties hereto hereby agree as follows : 1 . RECITAI The above recitals are true in substance and in fact. 2 . I NA PSE BY VILLAGE The village shall purchase the Waterlot from the Government of Canada when advised by Skinner that Skinner is satisfied with the terms and title to be conveyed. Skinner' s lawyer shall perform all required legal work in connection with the transaction and shall certify title to Skinner. The funds required for closing including legal fees shall be provided by Skinner. The transfer of the - 3 - Waterlot lands from the Federal Government to the Village shall be followed immediately by a transfer of both the Waterlot lands and the Village Land from the Village to Skinner. Skinner agrees to accept the Government of Canada ' s title as conveyed to the Village with respect to these lands provided that same is good and marketable and free from liens, encumbrances, easements and restrictions, and to bear all expenses associated with the transaction through the use of Skinner' s lawyer. The purchase price for this transaction shall be nominal . 3 . THE PROPOSAL The Village shall be responsible for obtaining the 10 amendments and approvals to its planning documents anticipated by Skinner ' s "Port Burwell Stage 2 Proposal Call " dated March 15, 1991 (the "Proposal" ) . If Municipal Board proceedings are required, the parties will each be represented by counsel at their own expense . The parties anticipate that the Proposal will be amended from time to time by their mutual consent in writing. To the date of execution, the following changes had been approved: (a) Groynes will be constructed by Skinner at a present estimated cost of Three Million, Four Hundred Thousand Dollars ( $3, 400, 000 . 00) rather than being constructed by the Government of Canada. These groynes must be - 4 - r completed before building permits are issued for the second phase of the residential development (i .e . the second 185 units) ; (b) The Waterlot will be conveyed to Skinner at nominal cost (as determined by the Government of Canada) . 4 (c) Skinner shall have full and complete control with respect to the hiring of consultants and the financing and sale of the development or any part thereof . Further amendments will form an Appendix to this Agreement . 4 . $EWER CAPACITY The village has existing sewer capacity to service the development contemplated by this Agreement. Capacity will be "assigned" on a first come, first served basis to Skinner and to other applicants who apply for building permits . 5. Skinner agrees to develop the Waterlot and Village Land in accordance with the Proposal . To secure this obligation, Skinner will give a mortgage back to the village upon the Waterlot and • Village Land for the sum of Five Hundred Thousand Dollars ($500,000 . 00) which mortgage shall be without recourse. The - 5 - mortgage shall run for a term of five (5) years during which time no 11 _ interest or payments will be required. On the maturity date of the said mortgage, Skinner agrees to transfer, re-convey or quit claim title to the waterlot and Village Land unless before that date a letter of credit has been delivered to the municipality as hereinafter described. 6 . LETTER OF CREDIT The letter of credit contemplated by the preceding paragraph shall: (a) be irrevocable; (b) be for the sum of Seven Hundred Thousand Dollars ( $700, 000. 00) ; (c ) be in a form satisfactory to the Village; (d) be immediately available for application to the unrelated off-site work items listed in paragraph 11 . It is the intention of the parties that the letter of credit form part of the consideration for this transaction and that the Village shall be entitled to apply the funds so provided to the tr - 6 - municipal projects listed in paragraph 11 pertAining to "unrelated off-site work" . 7. ENVIRONMENTAL ASSESSMENT Upon taking title to the Waterlot and the Village Land, Skinner shall immediately commence an environmental assessment which process shall be completed within six ( 6) months from the date of Skinner ' s taking title to the said lands: A (a) If the environmental assessment is undertaken before the transfer of land to Skinner, the Village will facilitate the requirements of Skinner' s consultants for this purpose. (b) Skinner shall commence construction of the development within twelve ( 12) months from the date a building permit is available. 111 (c) Skinner shall be entitled to building permits for the hotel, commercial development and a maximum of 185 dwelling units before completion of the "Marina facility" hereinafter described. The balance of the residential development (i .e. 185 unite) shall not proceed until the Marina facility has been completed. t - 7 - S . DOC$QMINIUM UNITS The "Marina facility" described in the Proposal shall include twelve ( 12 ) berths having a present estimated value of Six Hundred Thousand Dollars ( $600, 000 . 00 ) of a size satisfactory to the Village which are intended to accommodate fishing vessels . Clear title to these twelve ( 12 ) berths shall be conveyed to the Village within thirty ( 30) days after registration of the dockominium. The consideration paid by the Village to Skinner on the transfer shall be Five Dollars ( $5 . 00) . Twenty ( 20) additional berths for pleasure crafts shall be provided to the Village at a preferred rate for Village residents . The term "preferred rate" shall mean sixty-six percent ( 66% ) of the rate charged to other pleasure craft at the facility. 9 . BEACH PARKING Skinner agrees to provide parking within the development free of charge to all persona who were resident within the municipality at the time this Agreement is signed to facilitate beach use by such residents . In the alternative and at the sole option of the Village, the Village may require the provision by Skinner of a surface, exclusive use parking area with room to accommodate thirty ( 30 ) vehicles for use as determined by the Village . In either event, Skinner shall provide a right of crossing available to the public for access- 8 fr-om an adjacent Village street to tlIe public beach at a location which is satisfactory to the village. This location shall be determined at the site plan approval stage. 10 . FORMER APPROVALS Skinner acknowledges that the development contemplated by this Agreement will be subject to the normal subdivision, condominium and site plan approval processes which apply to such development. The contents of thio Agreement shall not be construed as conferring any benefit or privilege with respect to any such approval process . The municipality does not represent by this Agreement that it will exercise its discretion in such matters in I any particular way or any manner which is beneficial to Skinner. All applicable statutes, regulations and by-laws continue to apply. 11 . UNRELATED OFF-SITS WORE Skinner agrees to provide the Village with a letter of credit for the sum of Seven Hundred Thousand Dollars ( $700,000 . 00) to be drawn at the Village ' s discretion for public works and services including improvements to Robinson and Wellington Streets between the development and Erieus Street, interlocking brick sidewalks, street lighting, recreational equipment and facilities, 1 landscape plantings, a fire truck, storm sewers, roads and - 9 - sidewalks . This Seven Hundred Thousand Dollars ( $700, 000 . 00 ) constitutes consideration paid by Skinner to the Village and shall be in lieu of any development charges payable pursuant to the Village Development Charge By-law subject to the proviso that if the value of this work exceeds the sum of development charges payable, there shall be no refund to Skinner. 12 . RELATED OFF-SITS WORE Skinner shall upgrade at his expense all off-site water lines , sanitary sewers and roads necessary to service the development contemplated by this Agreement . 13 . VLLAG$ LABOUR Skinner agrees to the extent that it is reasonably possible to employ services of Village residents in all facets of the undertakings contemplated by this Agreement . Skinner also agrees that where contracts are tendered or rights are given to others for work in connection with these undertakings that such arrangements shall stipulate for the use of Village labour to the extent reasonably practical . The term Village Labour" shall mean the use of labourers , professionals and others for work required in connection with any aspect of the undertaking either on or off the ' subject lands . 14 . CONDITIONS - 10 - This Agreement shall not be assigned by one party without the prior written approval of the other party. Subject to the provisions of the Registry Act and the Land Titles Act, the covenants, agreements, conditions and undertakings contained herein on the part of the owner shall be conditions running with the Waterlot and Village Land and shall be binding upon Skinner, its administrators , successors and assigns as the case may be as subsequent owners and occupiers of the said land from time to time and shall be appurtenant to the adjoining highways in the ownership of the Village. 1 15 . $OTIC$ Any notice by the Village to Skinner shall be effectually given by personal service upon or by first class registered mail to Skinner at 743 Richmond Street, London, Ontario NSA 3H2 and every such notice shall be deemed to be given upon the day it was personally served or two ( 2 ) business days after so mailed. Notice by Skinner to the Village shall be submitted to the Village Clerk. 16 . This Agreement does not contain a date for the transfer of the Waterlct and Village Land from the Village to Skinner because - 11 - / the Waterlot is to be obtained by the Village from the Governm9nt of Canada at a date which cannot be determined . Nonetheless , the parties agree that Skinner may terminate this Agreement as follows ' (a) if the Village is unable to convey title within four (4) months after the date of notice from Skinner to the Village requiring an immediate conveyance; (b) within thirty ( 30) days after the village or the Government of Canada advises Skinner of the sale price for the Waterlot; or (c) within ninety ( 90) days of the signing of this Agreement; and the parties further agree that this Agreement may be terminated by the Village in the event that: (a) it has not received title to the Waterlot from the Government of Canada within two (2 ) years of the date of signing of the Agreement; (b) Skinner does not meet any of the obligations imposed under this Agreement; or - 12 - (c ) Skinner has not provided the letter of credit before the maturity date of the mortgage secu.ity. In the event that the Agreement is terminated after title to the Waterlot and Village Land has passed from the Village to Skinner, Skinner shall immediately upon termination, re-convey the said lands to the Village for the sum of Five Dollars ( $5 . 00 ) and thereupon all of the other obligations flowing from this Agreement shall be discharged. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as of the day and year first above written. THE CORPORATION OF THE VILLAGE OF PORT BURWELL Reeve ^ C -rk 947435 0 - IO • C . Pert Per: r . I THE MUNICIPALITY OF VILLAGE OF PORT BURWELL ill _ • Meeting ....g.. .... .) 7 ace/. ---, Moved By That leave be granted to introduce By-law to Seconded By 6" 4/tAllt - `- '4-1 %2A-1,"1. 2• . ,/ 072-et, ertr"el Wietlyvt,v-j" 0- e--li-irre1 4 -, L-0-,---1^-•--4-'"-) and that By-law presented herewith be read a first time. 1110 By-law read a 1 6+ ...._ .time k..8 i tesoLflitt t;44A " "ecoe Moved By CA.-6----- 0-- c--' That By-law now read a first time be read a Seconded second time forthwith. B74-.2 54-7---e --- 9,rhi 64/irteA A By-law read a time 11)"1 7A' . --_- ' Moved That -------j--7-•-7-4. - 1 That By-law now read a second time be read By A/0..clacs___ I a third time forthwith. Seconded ..0 r By-law read a time .'‘,_ Ct__Vv.i eci 0.--.k.INCLA -41\- kceCie 1 A41 97h1 Moved By,...' s. (#12f-r—r-&-..c._ That By-law now read a third time do pass, 6.. :7—e1- .._ J.9.__ be engrossed by the Clerk, and signed and Seconded By . ... 7 sealed by the Reeve. ' . 0 Recue. THE VILLAGE OF PORT BURWELL 411 BY-LAW 91-27 Being a By-Law to establish Polling Stations WHEREAS The Municipal Elections Acts 1980 provides for the establishment of Polling Stations and WHEREAS the Council of the Corporation of the VIllage of Port Burwell enacts as follows for the 1991 Election : 1 ) Two polling Stations will be located in the Council Chambers of the Municipal Office, 21 Pitt Street Port Burwell . REEVE /4,,, t • L : 411 • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL S Meeting .. ' 7 ,19 W Moved By .... (/-- 4--7-:" - Seconded B . .-.. ....... . ).94a,< - That leave be granted to introduce By-law to - / / �../2Zr2� V e(-' v -ff and that Bylaw presented herewith be read a first time. • By-law read a 1 time .0.i.fv.i ecc .2_,L1\c\I OK) kler0e Q 97) Moved1441 fell _ By .�-E*�lc�-c-•-4-214-------------•.............. That By-law now read a first time be read a Seconded By02.....ab-----ratiS...,2-3.-----it.. second time forthwith. By-law read a ..__. time CC..a► r► Etl :,t,k WJ�v Ree `,e .,97 Moved By .- ������ i That By-law now read a second time be read Seconded B a third time forthwith. By-law read a _ 3 r time t ` v , < A 1, t�eeve n a7 Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded : . .... /. . I ' d� �-� sealed by the Reeve. • ,,.. �� ► it . ' -aL/4 ee e • THE CORPORATION OF THE VILLAGE OF PORT BURWELL By-law 91 -2E Being a by-law to appoint municipal auditors WHEREAS, Bill 122, The Municipal Statue Law Amendment Act, 1991, requires Council to appoint a municipal auditor and WHEREAS, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. The firm of Raven & Company are hereby appointed municipal auditors for the Corporation of the Village of Port Burwell. 2. The appointment is for a one year term and is for fiscal year 1991. 3. That any by-law not consistent with the provisions of this by-law be and hereby repealed. • 4. This by-law comes into effect on date of passing. 5. That an agreement be entered into with Raven & Company and the Corporation of the Village of Port Burwell. _ 4,7114t,....., P///' Y/F/ Clerk Date r-- Reeve Date / THE MUNICIPALITY OF VILLAGE OF PORT BURWELL . . St -tC ii M ,19 Meeting Moved By ._.- -.. _. . .....,► . That leave be granted to introdnoe Dy4aw to Seconded By ._._ .._.._..... -z - 4 Ktri4,&--yi,t_fie-e ) /t -e-t-04,A. 4.14,-- / - 9 and that Bylaw presented herewith be read a first time. IIIi4 ' - By Jaw read a _..___.._..time Moved :/ • P, That By-law now read a first time be read a Seconded By /, , ,,_/0A., __ second time forthwith. ._ fri Y;eD` q\e C.v e0'42— By-law read a !� time 6S2ft D VA' ( Moved By _ That By-law now read a second time be read Seconded By _._ 1�--�-- _ a third time forthwith. By-law read a ____ __.—time Pk •� 1.-eco hr •Moved ._ a --- __ That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By ...adi...., SN _ sealed by the Beene. • . _r4-N‘% k 'el, t2ecve `. 4tial I • - — THE VILLAGE OF PORT BURWELL By-law 91-29 Being a by-law to establish a Reserve Fund for a fire truck. WHEREAS under Section 165 of the Municipal Set, being Chapter 302; The Council of the Corporation of the Village of Port Burwell enacts as follows: (1) A seperate interest bearing bank account will be established for a replacement Fire Truck Reserve Fund. (2) $3,000 annually will be placed in the Reserve Fund for replacement of a fire truck. Read a first, second, third time and signed and sealed this 5th day of • November, 1991. (. l I LI_ _ Clerk kv Reeve ‘i I 6',;Lil lb 0 / THE MUNICIPALITY OF VILLAGE OF PORT BURWELL II/_ • 5______ Meeting // ,192Z Moved )24..i,-til- { That leave be granted to introduce By-law • Seconded By,.___`. -.--...3. -41:44-------�...'. 411 ',go _ _. Z6ivir_____ / _, (ity 4e....e,0 ce__ ---_,64,,,,,_ .tr---__e.,51_, --e-co Je-60--e-t-i -e Kw,,,,,,,( ,Z„,,t ,a,/,`",i _ I-L.,,, /, _ and that Bylaw presented herewith be read a first time. 1110 By-law read a L. ._ ...... time N-1-5 q Moved Byaleo— i _..... That By-law now read a first time be read a 7 _2(. second time rthwith. Seconded By . -_ _.,� ,_ -- ....�. kx. \ $ n^ By-law read a .____ time aV No„j ci Moved By 421 _._ That By-law now read a second time be read _ a a third time f rthwi Seconded `•au cs go-Vs( i e ke e By-law sad a -.__13.-- ____-_.._.-_.times J j I CI K)t Moved Bq.71-.l -- -) -/sA�1`41!r1,. -. � � That By-law now read a third time do pass, //`` be engrossed by the Clerk, and signed and Seconded By . / e•�.---_ ed by the Reeve. � � roI/ 11 L- ce BY-LAW NUMBER 91 -30 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BEING A BY-LAW TO IMPLEMENT DEVELOPMENT CHARGES WITHIN THE VILLAGE OF PORT BURWELL WHEREAS Bill 20 has been enacted to allow Municipalities to collect Development Charges; AND WHEREAS the Village of Port Burwell has carried out a study on the cost of new development to the Village; AND WHEREAS the Village of Port Burwell requires the payment of Development Charges; • AND WHEREAS the Village of Port Burwell requires new development to contribute to the increased needs for municipal services and for existing services; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows: 1. That all new development within the Village of Port Burwell be subject to a Development Charge. The Development Charge payable is outlined on Schedule "A" attached hereto and forming part of this by-law. these charges are payable at the time of the issuance of a building permit. 2. That the Development Charge Breakdown be designated to the municipal services as shown on Schedule "A", attached hereto and forming part of this by-law. 3. That the Village of Port Burwell may exchange the Development Charge for the provision of services or for a combination of both, as may be agreed upon by the Developer and the Village, and will be addressed in • an agreement between the parties. • 4. For commercial/businesses and commercial/businesses with apartments there will only be one development charge applied per tot. This is based on a lot size of 10,956 square feet or less. 5. The Development Charge will be phased in as follows: January 1, 1992 $ 2000 January 1, 1993 $ 4056 6. That this by-law will be for a term of five years and may be amended from time to time from the date of final passing. 7. That the Development Charge will come into effect January 1, 1992. READ A FIRST TIME this 14th day of November 1991. READ A SECOND TIME this 14th day of November 1991. READ A THIRD TIME AND FINALLY PASSED this I4th day of November 1991 . ..< 07 A. A X, • lerk Re'• - • • 1.0 GENERAL — To fairly assess the capital costs associated with new growth in Port Burwell the following summarizes these costs and appropriates them to the increase in households in the Village and to anticipated increases in commercial development. This report supports the Development Charges By-Law and will lead to a fair levy which should be applied as all new houslna units and commercial projects to be constructed in Fort urweii, regardless of their current status in the approvals process. Development charges have been calculated in accordance with the new Development Charges legislation and reflect allowable capital costs for services which are growth related and the responsibility of the municipality. Services considered include: 1 ) General Government • -Civic Administration -Public Works -Library -Fire Protection -Recreation and Community Services 2) Sewers and Sewage Treatment 3) Watermains and Water Treatment 4) Local Roads 5) Police Protection 6) Environmental Services (Garbage Collection) For purposes of development charge calculation, the following populations are assumed:' Year Population Current population 1991 800 5 year projection 1996 1600 10 year projection 2001 2400 • 20 year projection 2011 2800 II - Based on current standards, the facility is not adequate to serve the current population of 771. An additional 310 s.quare feet is - — required to meet the current population requirements. The County of Elgin minimum standards.for new libraries is 2500 square feet. When the Village reaches it 20 year projected population the would be required to build a 5000 square foot library to meet County standards. - The cost to expand the facility to accommodate growth is estimated at $85,000 - At a provincial standard of 2.889 books/person and an Elgin County standard of $20 per book, the total cost to be allocated is $50,000 for equipment and $117,235 for books, for a total of $167,235. All of these costs relate to new services as the existing population is, in the opinion of the County librarian, not adequately served. Given the nature of this service it is assumed to be fully allocated to residential growth. Total cost $252,235. II2.4 Fire Protection The Village is currently served by a volunteer fire department and operates out of an old facility. Current equipment is adequate but an updating program to replace one of the pumper units is underway and some $3,000 is allocated annually in a capital reserve fund for its purchase (by 1996). The current facility is adequate and should be sufficient for the Village until the waterfront development is started. The Village will be purchasing a truck with aerial firefighting capability. The funds for this truck will come from the agreement between the Village and Skinner Associated Group(waterfront development). The new vehicle may not fit into the existing structure. Estimated cost of the new structure $75,000. 2.5 Recreation and Community Services Given the large increase in population, new parks are required in the Village. It is assumed that the raw land for such a facility will be the ' 12.5 acres of land the Village owns (ball park) and the C.P. Rail land between Bridge Street and Highway 19 which is to be obtained from 'These projections are based on the future projected growth related to the construction of an outer marina and waterfront development, as well as inner harbour development. For the purpose of computing the development charge residential and commercial charges are to be calculated on a per unit basis i.e. one condominium, one townhouse, one single family residence one semi detached, one retail store and one commercial business will all have the same charge. 2.0 GENERAL GOVERNMENT 2.1 Civic Administration The current Village Municipal Building is not adequate to house staff that will be required to administer the municipality at its ultimate size. The estimated cost to expand the existing building (by building onto it) is $60,000. The issue of the municipality upgrading its information systems has not been addressed and, therefore, cannot be included. • 2.2 Public Works Road maintenance such as snow ploughing etc. is a service purchased from contractors. As this arrangement is not expected to change, this will continue on a fee-for-service basis and, therefore, is not eligible as an item to be included under development charges. (water and sewage items have been identified separately). An additional front end loader will be required to handle the increase workload. The estimated cost is $50,000. 2.3 Library Services Library services are provided by the Elgin County Library Board from a facility renovated in 1990. The Elgin County Librarian was contacted and the need for new/additional facilities discussed. • • C.P. Rail. In addition, additional land will be obtained from developers as part of the 5% open space dedication The following is proposed as the cost of providing adequate facilities in these parks. new parks development $35,100 baseball park soccer field $57,500 TOTAL ..$92,600 All of this cost should be allocated to the new residential growth. 3.0 SEWAGE AND SEWAGE TREATMENT The present sewage plant is operating at approximately 42% capacity. The Village in its agreement with Skinner Associated group has waved development charges in-lieu of receiving $700,000 for improvements in the Village. The projected population figures will not be reached if this development does not go ahead. A service study will be completed by Skinner Associated Group to confirm there is capacity to handle the proposed waterfront development The additional • development that will be generated because of the waterfront development will have to contribute to the expansion of the sewage treatment facility. Estimated cost to expand the sewage plant $1.600,000 4.0 WATERMAIN AND WATER TREATMENT Water is currently provided by Elgin Water. Water appears to be in sufficient supply and growth of the Village will require the following: a) The construction of an elevated storage tank to provide better levels of fire protection for the new developments and to ensure adequate water supply to these developments may be required. It should be noted that the Township of Bayham is considering expanding the secondary waterline to Staffordville and possibly further. This may have an impact on the water to the Village. A further study is required to determine whether or not a storage tank is an option or expanding the line between Vienna and Port Burwell to a 10 inch line would provide the required water and level of fire protection. • • 5.0 LOCAL ROADS Given the location of new development, most of the areas can be adequately served from the existing road network. Any required minor connections are expected to be an integral part of the subdivision design and should be constructed by the affected developer as part of his development. 6.0 POLICE PROTECTION Police protection is currently provided by the OPP free of charge. Given the size of Port Burwell both now and in the future, it is unlikely that the municipality will ever have its own police force. As such, services will continue to be provided by the OPP; any future charges for this service would, therefore, be of an operational not capital nature. 7.0 ENVIRONMENTAL SERVICES Garbage collection is currently tendered annually to private • contractors. The cost of collection is, therefore, part of general municipal annual operating budgets. This practice is not expected to change. Growth in Port Burwell will not result in a capital requirement associated with garbage collection, disposal or other related environmental services. 8.0 SUMMARY OF GROWTH RELATED CAPITAL REQUIREMENTS As detailed in the earlier section, allowable capital costs directly associated with new development are, therefore, as detailed in the following Table 8.1. 9.0 CALCULATION OF DEVELOPMENT CHARGES As detailed in the Act, development charges can be set to offset all or part of growth related capital costs. As such, development charges should, as a minimum, reflect the costs detailed in table 8.1 as well as any interest incurred by the municipality to finance any scheduled capital expenditures which occur prior to sufficient moneys having been collected from development charges. • As noted in earlier sections of this report, many of the,capital expenditures will need to be incurred early in the projection period. — As the municipality is very limited in its ability to issue debentures, most of these capital funds will need to be "front-ended" by the benefiting developers. The municipality has capital needs for items such as improved fire protection in the community. As a result, there appears to be no excess debenture capacity available for growth related capital costs. The actual development charge reflects, therefore, the gross charge as summarized in Table 8.1. The development charge reflects the cost per lot/unit. The Village estimates that 500 new residential units and 25 commercial units will be constucted in the next ten years The recommended Residential and Commercial Development Charges are, therefore, $4,056 Per Unit • I • TABLE 8.1 — SERVICES: - Civic Administration $ 60,000 - Public Works 50,000 - Library Services 252,235 - Fire Protection 75,000 - Recreation & Park 92,600 - Sewage Plant 1,600.000 TOTAL 2,129,235 • 0 BY-LAW NUMBER 92-31 • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BEING A BY-LAW TO AMEND BY-LAW 91-3l ts c1 3c. WHEREAS Bill 20 has been enacted to allow Municipalities to collect Development Charges; AND WHEREAS the Village of Port Burwell has carried out a study on the cost of new development to the Village; AND WHEREAS the Village of Port Burwell requires the payment of Development Charges; AND WHEREAS the Village of Port Burwell requires new development to contribute to the increased needs for municipal services and for existing services; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows; 1. That all new development within the Village of Port Burwell be subject to a Development Charge. The Development Charge payable is outlined in By-Law 91-30. These charges are payable at the time of the issuance of a building permit. 2. Clause 5 of By-Law 91-30 is hereby amended as follows: The Development Charge will be phased in as follows: January 1, 1993 $2000 January 1, 1994 $4056 3. That this By-Law will come into effect January 1, 1993. ( ILPJL W J* Clerk • •eve .. ,. . . THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • . . Meeting-,D,CSALY--ii ,i;ia ,19 Moved By Qi•el-rii:S.,...... ..ce‘ That leave be granted to introduce By-law 4{,cri-3t Seconded By -fa ' tf. —14-eeC-1.) +0 arY)e_r-J- & (a ) Qi -39 o bylaw -to Imple_tv)ey\t dcuel op mull- c katqe s (n'+he_ \ i ( IN e a Port BuiLd and that Bylaw presented herewith be read a first time. 411 By-law read a . 1.-$.1..--- time Maysd By That By-law now read a first time be read a ell/ / • , 1 second time forthwith. Seconded By By-law read a 2.ncl_ time Moved By -r---e..), c2p4......_ / That By-law now read a second time be read a third time forthwith. Seconded By -2...d....i.-.±0.1' .. al.....46.Z''' By-law read a 4-3194 • time / Moved By ........._../...eZ. /. . . ........_ft That By-law now read a third time do pass, . be engrossed by the Clerk, and signed and Seconded By __A)?-il 7-4' C i.\_ sealed by the Reeve. • • 641.02-4t) "--142, ' f• . . .-011F/ THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • Meeting -67A ,19 That leave be granted to introduce By-law/tr.-- Seconded B -_ _.. �cZ. •---�-- � l � z /16>e 441- and that By-law presented herewith be read a first time. By-law read a That By-law now read a first time be read a second time ffoorthwith. Seconded Bye ` 1t«..� . rye.._.._._-__ Q 41RS By-law read a .___... No0 trig( Moved By That By-law now read a second time be read a third time forthwith. Seconded By ---- v1 � J CL By-law read a / time Neo 14k( 4/ Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By ••,- - /. i- '-_.___.___ sealed by the Aeeve ,C�Q .r Q � ! t�k Jfft? l� / BY-LAW NUMBER 91-30 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BEING A BY-LAW TO IMPLEMENT DEVELOPMENT CHARGES WITHIN THE VILLAGE OF PORT BURWELL WHEREAS Bill 20 has been enacted to allow Municipalities to collect Development Charges; AND WHEREAS the Village of Port Burwell has carried out a study on the cost of new development to the Village; AND WHEREAS the Village of Port Burwell requires the payment of Development Charges; AND WHEREAS the Village of Port Burwell requires new development to contribute to the increased needs for municipal services and for existing services; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows: 1. That all new development within the Village of Port Burwell be subject to a Development Charge. The Development Charge payable is outlined on Schedule "A" attached hereto and forming part of this by-law. these charges are payable at the time of the issuance of a building permit. 2. That the Development Charge Breakdown be designated to the municipal services as shown on Schedule "A", attached hereto and forming part of this by-law. 3. That the Village of Port Burwell may exchange the Development Charge for the provision of services or for a combination of both, as may be agreed upon by the Developer and the Village, and will be addressed in an agreement between the parties. • 4. For commercial/businesses and commercial/businesses with apartments — there will only be one development charge applied per lot. This is based on a lot size of 10,956 square feet or less. 5. The Development Charge will be phased in as follows: January 1, 1992 $ 2000 January 1, 1993 $ 4056 6. That this by-law will be for a term of five years and may be amended from time to time from the date of final passing. 7. That the Development Charge will come into effect January 1, 1992. READ A FIRST TIME this 14th day of November 1991. READ A SECOND TIME this 14th day of November 1991. READ A THIRD TIME AND FINALLY PASSED this 14th day of Novemoer 1991. j / r A. AO►A:►� lerk Re 1.0_ GENERAL To fairly assess the capital costs associated with new growth in Port Burwell the following summarizes these costs and appropriates them to the increase in households in the Village and to anticipated increases in commercial development. This report supports the Development Charges By-Law and will lead to a fair levy which should be aonlied as all new housing units and commercial projects to be constructed in Port iiurweii, regardless 01 their current status in the approvals process. Development charges have been calculated in accordance with the new Development Charges legislation and reflect allowable capital costs for services which are growth related and the responsibility of the municipality. Services considered include: 1) General Government -Civic Administration -Public Works -Library -Fire Protection -Recreation and Community Services 2) Sewers and Sewage Treatment 3) Watermains and Water Treatment 4) Local Roads 5) Police Protection 6) Environmental Services (Garbage Collection) For purposes of development charge calculation, the following populations are assumed:' Year Population Current population 1991 800 5 year projection 1996 1600 10 year projection 2001 2400 20 year projection 2011 2800 - Based on current standards, the facility is not adequate to serve the current population of 771. An additional 310 square feet is required to meet the current population requirements. The County of Elgin minimum standardsfor new libraries is 2500 square feet. When the Village reaches it 20 year projected population the would be required to build a 5000 square foot library to meet County standards. - The cost to expand the facility to accommodate growth is estimated at $85,000 - At a provincial standard of 2.889 books/person and an Elgin County standard of $20 per book, the total cost to be allocated is $50,000 for equipment and $117,235 for books, for a total of $167,235. All of these costs relate to new services as the existing population is, in the opinion of the County librarian, not adequately served. Given the nature of this service it is assumed to be fully allocated to residential growth. Total cost $252,235. 2.4 Fire Protection The Village is currently served by a volunteer fire department and operates out of an old facility. Current equipment is adequate but an updating program to replace one of the pumper units is underway and some $3,000 is allocated annually in a capital reserve fund for its purchase (by 1996). The current facility is adequate and should be sufficient for the Village until the waterfront development is started. The Village will be purchasing a truck with aerial firefighting capability. The funds for this truck will come from the agreement between the Village and Skinner Associated Group(waterfront development). The new vehicle may not fit into the existing structure. Estimated cost of the new structure $75,000. 2.5 Recreation and Community Services Given the large increase in population, new parks are required in the Village. It is assumed that the raw land for such a facility will be the 12.5 acres of land the Village owns (ball park) and the C.P. Rail land between Bridge Street and Highway 19 which is to be obtained from IIMMIIIMEMEMNIMMINMMMMMINIMIlmommommom 'These projections are based on the future projected growth related to "the construction of an outer marina and waterfront development, as well as inner harbour development. For the purpose of computing the development charge residential and commercial charges are to be calculated on a per unit basis i.e. one condominium, one townhouse, one single family residence one semi detached, one retail store and one commercial business will all have the same charge. 2.0 GENERAL GOVERNMENT 2.1 Civic Administration The current Village Municipal Building is not adequate to house staff that will be required to administer the municipality at its ultimate size. The estimated cost to expand the existing building (by building onto it) is $60,000. The issue of the municipality upgrading its information systems has not been addressed and, therefore, cannot be included. 2.2 Public Works Road maintenance such as snow ploughing etc. is a service purchased from contractors. As this arrangement is not expected to change, this will continue on a fee-for-service basis and, therefore, is not eligible as an item to be included under development charges. (water and sewage items have been identified separately). An additional front end loader will be required to handle the increase workload. The estimated cost is $50,000. 2.3 Library Services Library services are provided by the Elgin County Library Board from a facility renovated in 1990. The Elgin County Librarian was contacted and the need for new/additional facilities discussed. C.P. Rail. In addition, additional land will be obtained from developers as part of the 5% open space dedication The following is proposed as the cost of providing adequate facilities in these parks. - new parks development $35,100 - baseball park soccer field $57,500 TOTAL ..$92,600 All of this cost should be allocated to the new residential growth. 3.0 SEWAGE AND SEWAGE TREATMENT The present sewage plant is operating at approximately 42% capacity. The Village in its agreement with Skinner Associated group has waved development charges in-lieu of receiving $700,000 for improvements in the Village. The projected population figures will not be reached if this development does not go ahead. A service study will be completed by Skinner Associated Group to confirm there is capacity to handle the proposed waterfront development The additional development that will be generated because of the waterfront development will have to contribute to the expansion of the sewage treatment facility. Estimated cost to expand the sewage plant $1.600,000 4.0 WATERMAIN AND WATER TREATMENT Water is currently provided by Elgin Water. Water appears to be in sufficient supply and growth of the Village will require the following: a) The construction of an elevated storage tank to provide better levels of fire protection for the new developments and to ensure adequate water supply to these developments may be required. It should be noted that the Township of Bayham is considering expanding the secondary waterline to Staffordville and possibly further. This may have an impact on the water to the Village. A further study is required to determine whether or not a storage tank is an option or expanding the line between Vienna and Port Burwell to a 10 inch line would provide the required water and level of fire protection. 5.0 LOCAL ROADS Given the location of new development, most of the areas can be adequately served from the existing road network. Any required minor connections are expected to be an integral part of the subdivision design and should be constructed by the affected developer as part of his development. 6.0 POLICE PROTECTION Police protection is currently provided by the OPP free of charge. Given the size of Port Burwell both now and in the future, it is unlikely that the municipality will ever have its own police force. As such, services will continue to be provided by the OPP; any future charges for this service would, therefore, be of an operational not capital nature. 7.0 ENVIRONMENTAL SERVICES Garbage collection is currently tendered annually to private contractors. The cost of collection is, therefore, part of general municipal annual operating budgets. This practice is not expected to change. Growth in Port Burwell will not result in a capital requirement associated with garbage collection, disposal or other related environmental services. 8.0 SUMMARY OF GROWTH RELATED CAPITAL REQUIREMENTS As detailed in the earlier section, allowable capital costs directly associated with new development are, therefore, as detailed in the following Table 8.1. 9.0 CALCULATION OF DEVELOPMENT CHARGES As detailed in the Act, development charges can be set to offset all or part of growth related capital costs. As such, development charges should, as a minimum, reflect the costs detailed in table 8.1 as well as any interest incurred by the municipality to finance any scheduled capital expenditures which occur prior to sufficient moneys having been collected from development charges. As noted in earlier sections of this report, many of the capital expenditures will need to be incurred early in the projection period. As the municipality is very limited in its ability to issue debentures, — most of these capital funds will need to be "front-ended" by the benefiting developers. The municipality has capital needs for items such as improved fire protection in the community. As a result, there appears to be no excess debenture capacity available for growth related capital costs. The actual development charge reflects, therefore, the gross charge as summarized in Table 8.1. The development charge reflects the cost per lot/unit. The Village estimates that 500 new residential units and 25 commercial units will be constucted in the next ten years The recommended Residential and Commercial Development Charges are, therefore, $4,056 Per Unit TABLE 8.1 SERVICES: - Civic Administration Z 60,000 - Public Works 50,000 - Library Services 252,235 - Fire Protection 75,000 - Recreation & Park 92,600 - Sewage Plant 1,600,000 TOTAL 2,129,235 BY-LAW NUMBER 92-31 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BEING A BY-LAW TO AMEND BY-LAW 91-34r GI-30 WHEREAS Bill 20 has been enacted to allow Municipalities to collect Development Charges; AND WHEREAS the Village of Port Burwell has carried out a study on the cost of new development to the Village; AND WHEREAS the Village of Port Burwell requires the payment of Development Charges; AND WHEREAS the Village of Port Burwell requires new development to contribute to the increased needs for municipal services and for existing services; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows; 1. That all new development within the Village of Port Burwell be subject to a Development Charge. The Development Charge payable is outlined in By-Law 91-30. These charges are payable at the time of the issuance of a building permit. 2. Clause 5 of By-Law 91-30 is hereby amended as follows: The Development Charge will be phased in as follows: January 1, 1993 $2000 January 1, 1994 $4056 3. That this By-Law will come into effect January 1, 1993. (10/ZNiL CL)`, Clerk • •eve IIIMMININ•mmilm............... THE MUNICIPALITY OF VILLAGE OF PORT BURWELL _ . Meeting C-Q-ALLY--1CM- _ Moved By That leave be granted to introduce Bylaw 4eq2--3 I Seconded By —P_433-tr" ) +0 a Me;(1J- t&I (czko QI -39 a_ ki-law -to 10A piexmy\-t- dcuei Op rey)CA t clitaycrs in'-4-V,Q_ \l, i aci,e, cr Port Bufwd and that By law presented herewith be read a first time. tBy-law read a I Stime Moved By / That By-law now read a first time be read a OX1 / / . r second time forthwith. Seconded By By-law read a 2.pci_ time Moved By --r—Cel) .f12-12/6 Seconded By .- 11ite.f.: ._ _ xte..a‘ t'AV. That By-law now read a second time be read a third time forthwith. By-law read a __time / Moved By ........._... . ... .2'1_ .(/ .. if That By-law now read a third time do pass, Seconded By _,)—/ Tir 6- i _ be engrossed by the Clerk, and signed and sealed by the Reeve. 6A64) "'Lk/ // 'ri •" d;',1!"Fir 411111"/ CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98-81 BEING A BY-LAW TO AMEND VILLAGE OF PORT BURWELL BY-LAW NO. 91-30, AS AMENDED WITH REGARD TO DEVELOPMENT CHARGES. WHEREAS at its meeting held on November 14th, 1991,the Council of the Corporation of the Village of Port Burwell enacted and passed By-law 91-30,pursuant to Bill 20,a By-law to implement development charges; AND WHEREAS By-law 91-30 was subsequently amended on January 11', 1993 by By-law Number 92-31 and on April 29th, 1996 by By-law Number 96-27; AND WHEREAS By-law 91-30 established a development charge of$4056 per lot to take effect on January 1", 1993 in accordance with the development charges legislation of the day which was based on assumed population projections and planned growth related development; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems that the former Village of Port Burwell By-law 91-30,as amended should be further amended to a development charge of S3,000 per lot until such time as a by-law is adopted by Council in accordance with the Development Charges Act, 1997 and any accompanying Regulations; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT Paragraph 5 of the Village of Port Burwell By-law 91-30,be deleted in its entirety and the following substituted therefor "The Development Charge will be;3000." 2. THAT amending By-law 92-31 be and is hereby rescinded. 3. THAT this By-law shall take effect upon the date of its enactment and shall be in effect until further amended or rescinded. READ A FIRST AND SECOND TIME this 156 day of OCTOBER, 1998. ` I A THIRD TIME AND FINALLY PASSED this l5 day of OCTOBER, 1998. YO' �I� • , THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 Meeting .&)17/675A /7 ,19 /. „---- . Moved By ....— ifiWt II That leave be granted to introduce By-lawAfr- Seconded B Q.4.471--------- - q / • and that Bylaw presented herewith be read a first time. IABy-law read a / time Moved By : ....._ .... ..212. , _a.7.._. I ri That By-law now read a first time be read a 1 second time forthwith. Seconded By ----) /1C Zr) 1" Q %•4'444 R By-law read a ‘,1---- time •1/4 Wo O Niqi Moved By .___WS—(1"--1 . .... : That By-law now read a second time be read Seconded By . ___ a third time forthwith. ---------. )N vt-T----------- ...c.,,,vv.%•ecS.- 14...ei -Q-ce04- By-law read a ..----..A-------tiza• NOJ 14 IC(( Moved By / That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded B4 y . I.21 a 47 ....- sealed by the RileVe• cot,e1/4,4a 4S.. ,*__t t•c\-----110( 1)J14 • Or frk_ _ 'S 'e oit- . " 4rlieP;fi VILLAGE OF PORT BURWELL By-law 91-3 1 A by-law to amend the Official Plan for the Village of Port Burwell 1990 (an area of land along the waterfront of the Village). The Municipal Council of the Village of Port Burwell enacts as follows: 1. Amendment No. 02 to the Official Plan for the Village of Port Burwell 1990, as contained in the text attached hereto and forming part of this by- law, is adopted. 2. The Clerk of the Municipality is authorized and directed to make application to the Ministry of Municipal Affairs for the approval of the aforesaid Amendment to the Official Plan for the Village of Port Burwell. 3. This by-law comes into force on the day it is passed. PASSED in Open Council on November 26, 1991 . \of Reeve ' Clerk First reading - Second reading - Third reading - AMENDMENT NO. 2 to the Official Plan for the Village of Port Burwell. I hereby certify that the attached document is a duplicate copy of Amendment No. 2 to the Official Plan for the Village of Port Burwell - 1990, as adopted by By-law No. 91 -31 of the Council of the Village of Port Burwell, enacted on 1991 pursuant to Section 17(6) of the Planning Act, 1983. I further certify that the attached Appendices to the Amendment No. 2 are true copies of the original documents. 44, (it •/4q/ q �e Date Clerk • • • A. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to introduce more refined policies into the Official Plan to guide major waterfront development in the Village of Port Burwell . B. LOCATION OF AMENDMENT This Amendment applies to lands along the waterfront , from Big Otter Creek on the west to Strachan Street • on the east , Brock Street to the north, and includes part of an abutting waterlot extending into Lake Erie . The total area of waterfront development generally and approximately comprises 23 ha and includes 4 ha of existing mainland , 19 ha of land claimed from Lake Erie and is part of a waterlot to be conveyed from the Federal Government to the Village of Port Burwell . These calculations generally exclude the proposed new "East Beach" . (See Photos following ) C. BASIS OF AMENDMENT The project is very major, is summarized below and detailed in Technical Appendix 1 . • 1 . Development Concept The development concept proposed by Skinner Associated Group is to take the underdeveloped Village of Port Burwell and create a complete new centre . This new centre will house a major convention hotel with all of the surrounding and ancillary facilities to a convention hotel , along with facilities that draw people into the area such as theatres, a recreation complex, a spa, shops , an open air theatre, all the marine facilities , beaches , and the natural resources that already exist , along with all the service facilities required , and bring fishing and marine facilities together in an overall project . Approximately 400 condominium garden apartments are proposed. Major components are listed as follows : 1 . MARINA • 360 Marine Berths • 50 Visitor Marine Berths • 12 Fishing Vessels ( commercial ) • 10 Gas Bar Berths • Major Restaurants • Overnight Cabanas • Administration Offices . • Boutiques , Snack Bars , Shops • Commercial Fishermen Offices i . •",.-1:,-.. ,;:i ..'1,1 I .• I . : 11 ,.1.,.1r 1,1,,, t.‘,...tr,,,i,)„.., 1 t, ' • 't. .'M ,. • i r I ti ... ''.. i.ii fl's•••V 0 ' 111 '.3 ). • 1 •"'t • r: • -; '1 ALA rm... „••••6,1r: 1, 1 •••••• -- -7---ta .,I, ;•1. 1 .f ,...,.. • ''• • ..'t" .s.! 1 .;..1 .. 'LA . ..'I . :. : -! , 1,..ii • 1.• . ;ilk ip ..: — 3 I 'ii i • •I • . ° • , • t i '. • •I ..• .44' ---, ai : I . - ' .. I . % Ii i IPI• •A f " II - ^ f t1 1,4'.' •lit. i . ‘:,..;,,,,...: .i .. • . - -s • I •n • ' , ' —_ I k• •:. P:. • i • , •. ...:7.--"•-•4.-4 .1 — .. • le , .4... . 411, r • . , • i , • . ' 0 7 ; .. . i 1 i •,- I . ..- :. • 1, ' . . r• . 1 ... ! .---- 1, , -. I • ,.. ..i. ...,---,—,..... 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CONVENTION HOTEL • 250 Rooms • 50 Penthouse Suites • Major Conference Room Facilities • Pools : Indoor/Outdoor • Lounges , Bars , Restaurants • Health Club and Spa 4 . ATHLETIC CENTRE • • Squash, Handball • Indoor Tennis • Weight Rooms , Gymnasium • Cinaplex Theatres 5 . LOW RISE CONDOMINIUMS - 120 6 . HIGH RISE CONDOMINIUMS - 250 7 . PARKING - 2000 spaces on 2 decks ( plus ) . The total project site comprises : • existing mainland 4 . 02 h ( 9 . 9 ac ) • reclaimed land from waterlot 4 . 50 h ( 11 . 1 ac ) • marina/groyen area in Lake 14 . 73 h ( 36 . 4 ac ) Total Area 23 . 25 h ( 57 . 4 ac ) The total building area is calculated to be approximately . 1 , 200 ,000 sq. ft . , and the decked parking is expected to consume two levels on the mainland and the reclaimed area i • • • „� I � l 1 P:- ci,,t m 1 4,, k fia I v ol .. li i t o i.,.. , 3 ,t, F ( '. .,.r,. am 144 4!: .44.4__I ,t,141 114 . 'lin .161 11 ....,j • # /r ill0E1 i t '1 /, 48 0 ij:.' ,... .:,. Ammi f \ r \ :. 0 LA:z ,'N...h.y1o.2,--tV,\-4,‘,I..,'4", ' •ICIMIMIX I AIN. / PIPA a•A • N N•1•11•1•11011 - 1 NP AIA• I PlA1N OR ', O 1 ♦ ���� 1 a■�A AM 1A\PIA ' • �� ' •I I I t '' '1• f �� / APIA NI 1 1 I 1/HIM AwA� 1, I J 11 r III .r .1 I AAA PUN •� r t • 1 r(/`yp , J • IAS MOM i, . ‘o. ..36. • ••••••••01...Mil IR C • I1111•1•NM UMW PI ` U • T ti r ,01 ' ) i° + • PIAL MSS l♦ I as Ai Re Pa NW IMMO !� 1_ • •110•10 , J., .. ,. : . il IIIP s` ( . • mans MINIM PPM �. \ / 1 kV y AO wxtr-w-r !II3 Via: MARINA I WATERFRONT DEVELOPMENT 5114131ALER. VILLAGE OF PORT BURWELL ASSOCIATED GROUP Np.M.' I . _ 1 N ____ .igebx , -7 7 •fl. . --•• ,• . • 7•-- {. , _7 I ♦.-• ' 'r:1°I • i . , 7 �I • � •,.1111t -ill► iiiiiili lir .. . ..„-. -- -40064$ �I _ _.. Vt. 4.- ':.-4 ... ' --.10 if i.;- pie. . . . • I A \ ry• �w.,wi r, .. , . .. .....„,1 .. . . ....•• . .„iv; " III . .• ... .. . -i ..c.... 1. .. it .... ,...• I de. ,: 1,--, :- • • .... . k �' . ,1•b•---'1% •. !.: i tib III 'I lila. NO At • 11111111111 to . v ..t s \ - . •�� u i, _...•••••••• r l • rc`• La9G• • • . . . , 1'• 4 , • I •-• -. ... . ,...o.,si,,.. .4.................;.. jr4..,,...,...ti.is,..:V..ir N. iii, , •'• . ' ;.:1•sti- ;••• 4. g• i ....le 111 •. . . . • . ...,, .„• _ • - Ir., .,..r.s.tt .A. ••...... •s•.„.•,...!..../..............:,,,.....?2,... 4 , •• i7 ../1t ; ; t i •s• . 1 . 41,0*tii.14.- • • 1 alp I : _ . • 1 • •� ~ ' •� •tip�/.,' , . . . . •t 1 .- . , • . ..rU ,,,+ tax«. v`9 •iY .illi •,, V:44;0••' .4....t. -. . .•: v'‘'‘.• .4,61 - ! !I"Liii•ilie.•1 "IA?Ig:;Pt 1 likklet,, __ ‘ .1 i / - 3 - 411 A - of the waterlot , for a total of approximately 1 ,800,000 sq. ft. The total project building and parking area total approximately 3 ,000,000 sq. ft . On a gross site area of 57. 4 ac, a floor area ratio of 1 . 2 : 1 is generated. If the marina site area is excluded, which normally should be for floor area ratio calculations , the floor area ratio is approximately 4 : 1 . 2 . Projected Estimated Cost ( 1991 dollars) Marina $ 8, 300,000.00 Ancillary Facilities 10 ,000 ,000.00 Convention Hotel and Retail Facilities 35 ,000,000.00 Athletic Centre 8 ,000,000.00 Cinaplex Theatres 2 ,000,000.00 Garden Apartment Condominiums 12 ,000,000.00 Highrise Condominiums 25 ,000,000.00 Parking 8 .000.000.00 • Total Projected Cost $108 , 300,000.00 The rationale for this amendment is as follows : a) Historically the Village has always contemplated the waterfront as a resource, but never have had sufficient revenues to develop it. In 1988 a Federal Government Harbour Study was conducted, with a view to building breakwall or groyens for the "outer marina project" . This project was to involve a Village/private sector entrepreneurial partnership to develop a marina on the basis of the Federal Government built breakwalls. By 1989 it seemed that the Federal Government was not prepared to build the breakwall and therefore a private developer was to be pursued to develop the outer marina and the waterfront. This was done so on the basisof a "call for proposals" initiated in January 1990. Skinner Associated Group was selected in May 1991 . The Federal Government had agreed in principle to convey waterlots to the Village. b) Economically, the Village would enjoy $110,000,000 0,000 worth of investment into a large scale capital project that would result in an economic boom to the community. The full economic impact would be AI measured at a subsequent stage in the overall development process. • - - • 4 —i ) Population The population would increase from the current 760 , by approximately 1000 , an increase of 50 percent over a 5 year phased period . ii ) Employment Employment opportunities would increase greatly • from the initiation of the construction to operation and management of the convention hotel and marina facilities . The Village has estimated 89 year around , 30 part time and 151 seasonal jobs would be created. iii ) Taxes It is intended that property taxes will not be affected as the development is self-contained . The Village has stated that its tax base is now $120 , 000 and preliminary projected revenues • from the waterfront project would be approx- imately $60 , 000 per year . Tied to increased Village revenue is $18 , 000 more in per capita unconditional provincial grants . Other developments proposing approximately 300 units would increase Village revenues further. Increased expenses are limited to garbage pick- up and some increase in Village staff . It is suggested that although families would be welcome to the development , the density of the proposed project includes apartment forms of housing which are more beneficial to non-family households such as young retired couples , etc . Therefore increased significant schooling facilities would be negligible . The estimated net return to the Village would be $51 , 000 as estimated by the Village of Port Burwell . The Village predicts that over a 10 year period , once the project is operational , $3 million of extra funds would be generated and these would be devoted to improvements to the Village . More study will assist in developing accurate tax impact projections . • ` - 5 - i.v ) Housing Housing costs for the apartment condominiums would generally range from $90 ,000 to $120,000 per unit ( 1991 dollars ) . There would be some units priced above this range. v ) Esthetics and Design It is intended that even though the development will be very major, its mass and bulk will not have a detrimental effect on the beauty of the local topography for the Village as a whole. The project would enhance the cliffs along the Lake Erie shore , and the waterfront per se. It will provide a new "east" beach which would be better than the existing one as it would have inground facilities and be more protected. vi ) Public Access The development intends that the development ' • maximize public access particularly to the new beach which is located east of the marina and to the marina facilities themselves . The hotel would have common areas for the public and private areas for various functions and rooms for guests. vii ) Community Support On August 22, 1991 , Council held a public meeting to invite the community to see the proposal put forth by Skinner Associated Group. A summary of the discussions are contained in Technical Appendix 2 and it would appear that there is generally a very high level of support for the project in order for the Village to get out of its economically depressed state. A meeting was also held on November 6 , 1991 as a public meeting for the Official Plan Amendment and approximately 30 people attended. The Minutes or a summary of same are attached as Technical Appendix 3 . .• • - 6 - The community support is of no surprise because economic opportunity is recognized as being very much needed . The concept of development , the approach taken by the developer are based on a harmonious "togetherness" relationship with the community. viii )Village/Developer Work Program and Schedule of Events The following list presents the tasks in order with a scheduled target date for the necessary studies and work to be completed in order to bring the development into the construction phase . SCHEDULE OF EVENTS Target Date • 1 . Acquisition of Waterlot January 1992 and associated land 2 . Approval of Official Plan May 1992 Amendment by the Minister of Municipal Affairs 3 . Approval of Zoning By-law January 1992 Amendment 4 . Annexation of the May 1992 Waterlot 5 . Environmental Assessments August 1992 6 . Socio-Economic Impact October 1992 Assessment , Traffic and Transportation Assessment Serving Feasibility, Effects of Erosion on the Shores of Lake Erie 7 . Holding Provision lifted November 1992 from Zoning • 8 . Construction Starts Summer 1993 • D. CHANGE. MADE BY T11I5 AMENDMENT • Schedule A, Land-Use Designation of the Official Plan for the Village of Port Burwell is amended by: I . Deleting 'Future Development (Commercial and Multi-Family Residential)" and 'Multi-Family Residential Harbour" designations on certain lands, and replacing it with a 'Waterfront Mixed Use Development" designation. The map changes are shown on Schedule A-1 of this Amendment. 2. Deleting the 'Future Development' (FD) policies in Section 3.11. in their entirety, and substituting in new policies as set out below: '3.1 1. The Council i the Village of Port Burwell has long realized the economic importance of the waterfront and harbour are: However, it • has also been long recognized that proper development, would be at a very high capital cost -- sufficiently high that private sector investment would be vital. Therefore to achieve sensitive and economicol/yfeasible waterfront and harbour development a good deal offlelibility will be required in establishing policy and implementation regulations A close wcrting relationship with the private developers will be necessary and with appropriate public participation, the whole o/'the community will wart together to achieve an ameliorated waterfront. The following policies are set out to guide development but should be viewed with flexibility in order to accomodate changing circumstances Permitted 3.11.1. In the Waterfront Mixed Use Uses: Development (WMD), high and medium residential , hotel, convention facilities, retail, commercial, recreational.,restaurant, offices, marinas and accessory uses may be permitted and set out in the Zoning By-law 3.1 1.2. The area included in the designation • includes the lands bounded by Brock Street to the north, approximately Strachan Street to the east, Lake Erie to the south and the • existing pier and Big Otter Creek to the west. The area comprises a part of a waterlot in Lake Erie, the shoreline and embankment of Lake Erie, as well as some tablelands to the north. The total area of the waterfront development generally and approximately comprises 23 ha and includes 4 ha of existing mainland, 19 ha of land claimed from Lake Erie and is part of a waterlot to be conveyed from the federal Government to the Village of Port Burwell. These calculations generally exclude the proposed new "East Beach". Height: 311.3. The maximum height of any building or structure for the entire waterfront development project, except hotels, shall be six storeys measured from the top of the slope. However, this maximums may not be achievable and the following matters shall • be considered in more detailed planning and design: a) the height of buildings and structures should relate to the difference between the top and bottom of slope elevations; b) the enhancement of the Village waterfront skyline; c) siting and massing of new buildings should avoid disrupting or otherwise significantly reducing existing views of the waterfront. Where such views are impacted, the development shall provide appropriate landscaping treatment and, provide for public access to alternate view points and vistas on the development site; • Alb 0 • \ .•.,. t..c lir# CS ._. CSt....j 1 ///: L.,Kr taE / v x.11 / .. - - --4,-- -.:-7,:-7—r- ,c;--7---._ r.,---7, csj / R t`c, • 4: 1 '; : , It`s -I� '- ;t''I i1;- it ii �-.i ' - I I '�. tjt`t ,$,..,..7."�/� M O :=A:-7 II rte..:r .17 .lir/ _ »A-_ �! �.���1"."---. ..//, RV.. �L"1 r'u�' 1=L'_..:s� -r..A., ✓ /- u, �— „c �' ,{ '--s..ti ��/, AL1. ILQ�! MCY: .7�5"'.:V�:1� 11 I I `-3'�+�, . —'�='�-'—�` .tom;�/.. • •,1 .. .. —�LL't:l:. ` • �:":: •47.•+. ti. :CS!mayiI�I -4:••••2s -»�`4`\\ / ,�x Gz on, Aar .::•:•:::,:...::::::::•:-:•:•:•:•!•:•:•:::::::::::::,..":'-:,*%::•::::: : `:'rr;: t!.►—i• . •r: IC .� ,✓ ll •� `• i, f� wzylC ✓H8 fie: •`•.---_._ —.---',1 �� • a 7 N."U>t: 0!'1t.. P {Its f t•,wworaw ! - . �F"i , . . 7.‘: •a -.:.� , 1 I . '^✓^ ', arm ll.wT a....•..,4,1 440`Vi:::'" ; I I I 4:71712; "I — L� LART nae "' i If •••1 �'t' -./ r!y =1 Illi III . , ' , �• rt V A4; . .. _ J I vrru. vt.:.st IIO,,,.O►a• • from FUTURE DEVELOPMENT �..: • w w ,t . ° to WATERFRONT MIXED USE >�: • �` � ='- _ - a. A tc. � ��-���/�'-' DEVELOPMENT 1MG ,1t cansuitmz ,t Croon in: SOURCE - official plan ; Port Burwell SCHEDULE A - -I • • • \• ' ` 0 — O5 _ CS Eli c______4 L-7= C"ii l -'// ii ,, / / • if __ / / R C / iti: le; . 1. 11-- !11 -.7. : 11:--1, ilii i :_i....ia.-ND 7 ICI ` ; . . R��-y CS I ` 1 • - ?M=- I 1. J//; Me ,R.-1 n.ra`- Rte=-_.r.Ai / /. ` r • Rl✓1, 14,:_71 'AM Iz :tH- •. �<t•:..;a r .•,l _ "•_ ( _� •�• RWI rGGI PICK RLL:.ZN7tt; 48 '. .iiiiiii.`..a.iiii:iiiii.1::::::::::::::.:.:.:.*:::.::::-VC. . ..--- ----R a=7--- 1 • ::::. . ;-_—_t-_._ , ` 1 .1 ., L 1- —.—•. 1— =!I .-•.„.---:-:/\7•4c ' • _/ ,,�r�. from FUTURE DEVELOPMENT • "" 11,•_IssiaNG *BEI 5 ,IAC �l ..� F _....2to WATERFRONT MIXED USE ~- -: —~---- - ci/ DEVELOP MENT FMC COMuittn, -' Ct TW Itr.. SOURCE - official plan ; Port Burwell SCOEDULE A - 1 • d) other interests of the Village and the Long Point Region Conservation Authority. e) Individual proposals for hotels up to a maximum height of ten storeys may be considered by Council upon submission of a detailed site plan. An appropriate amending zoning by-law may be approved only after a public meeting has been held to review the detailed site plan and zoning proposal. Detailed site plan shall include but should not be limited to elevations and detail plan showing all buildings and structures to be erected. Further 3.11.9. Preliminary technical analysis and public Studies: participation has been undertaken and is documented in Technical Appendices. • Further study and analysis shall be completed to the satisfaction of the Village as follows: a) a socio-economic Impact assessment including an assessment of recreation impacts on the Village; b) a traffic and transportation assessment for the Village and routes leading into the Village; c) a servicing feasibility study; d) an examination of the effects of erosion on the shores of Lake Erie in consultation with the Long Point Region Conservation Authority. Approval Relevant agencies such as the Township of • A2encies; Bayham, Long Point Region Conservation Authority, Ministry of Environment, Ministry of Natural Resources, Ministry of 1 1 Municipal Affairs and any other public or private agency or commission considered relevant, at the sole discretion of the Village, shall be invited to formal acceptance by the Village of these studies. Prior to final zoning approval, the required studies shall demonstrate, to the satisfaction of the Village, that the proposed development is compatible with surrounding land uses and will benefit the existing social, recreation and economic infrastructure of the Village. aolgfing 3.11.5. Land designated 'Waterfront Mixed Use Zone: Development' (WMD) may be subject to holding provisions, as described in this Official Plan (Section 5.4). Removal of the "II" symbol from the implementing zoning by-law shall not be approved until all • required studies are completed to the satisfaction of the Village of Port Burwell. Housing 3.11.6. Residential uses shall be permitted as Form and follows: Density: a) townhouses to a maximum net density of 35 units per hectare ( 14 units per acre); b) stacked townhouses to a maximum net density of 60 units per hectare (25 units per acre): and c) apartments to a maximum density of 100 units per hectare (40 units per acre), and on the more detailed planning and design of development, occasional higher densities may occur to enhance housing choice and • diversity. To achieve this, "bonusing" incentives may be included in the Zoning By-law to permit a maximum '. 1 density of 150 units per hectare (60 • units per acre). d) Accessory uses may also be permitted such as; marina and associated uses, including boat storage and repairs; parks; tourist commercial establishments; and parking areas. Non-Residential 3.11.7. Non-residential uses shall be permitted to a Densities: maximum density of 1.5:1 (FAR) and on the more detailed planning and design of the development, occasional higher densities may occur to enhance the marina project. To achieve this, 'Bonusing' Incentives may be included in the Zoning By-law to permit a maximum density of 2:1 (FAR). To clarify the intent of this policy, Floor Area Ratio (FAR) shall be calculated based on the Gross Floor Area divided by Lot Area. Gross • Floor Area does not include area used for private garages, parking or boarding areas, whether in the main building or in accessory buildings. Zoning 3.11.8. Council may encourage the provision of Incent;ves: increased amounts of public open space and parkland and the protection of views, through the use of bonus regulations in the Zoning By-law, provided the development proposal responds to the following: a) public open space/parkland or cash- in-lieu in excess of 5% is dedicated to the municipality; b) maximum building heights allowed are limited to less than 6 storeys, with maximum bonusing awarded to developments of 3 storeys (i.e. 12 metres or less). 12 Specific zoning regulations will be set out in the Zoning By-law, to allow densities to increase as follows: c) Residential Uses to a maximum density of 150 units per hectare; d) Total development to a maximum of 2:1 FAR. Public 3.1 1 .9 The waterfront is considered a very Ownership: important element to the community at large. As such Council puts considerable value in obtaining either ownership or public easements along Big Otter Creek for public use. Further, Council recognizes and supports the continuation of the existing uses such as Commercial Fishing, Charter Boat Operators, Recreational Boating, Recreational Anglers, and the Public Boat Ramp, and thereby will be seeking their inclusion in waterfront development or redevelopment proposals. Site Plan 3.11.10. Lands subject to the Waterfront Mixed Use Control, Development (WMD) designation shall be designated, under the provisions of Section 40 of the Planning Act, as a proposed Site Plan Control Area. Council may pass a by- law which requires site plans and/or drawings. Annexation; 3.11.11. It is recognized that a waterlot, as shown in Schedule 'A-1', will be annexed by the Village of Port Burwell from the Township of Bayham prior to the final approval of this Amendment by the Minister of Municipal Affairs. Upon Ministerial approval, this Amendment will apply to that waterlot." APPENDICES • 1. Skinner Associated Group proposal Waterfront Marina Development Dated March 15. 1991. 2. Port Burwell Marina and Waterfront Development Analysis Report by Hanscomb Consultants Inc. 3. Notice of Official Plan Amendment published in the Tillsonburg News. 4. Minutes of the Official Plan Amendment Public Meeting held on November 6, 1991. 5. Copy of local newspaper 'Harbour Lights" of the proceedings of the meeting. 6. Notice of the passing of the by-law to amend the Official Plan in the Tillsonburg news. 7. Information Meeting to update residents on the Outer Harbour Marina Project. • a) Information Meeting Notice sent to residents b) Copy of slides presented at the meeting c) Copy of marina package handed out by Skinner Associated Group d) Copy of newspaper articles before and after the Information Meeting e) Copy of the local newspaper 'Harbour Lights" special edition of the proceedings of the meeting f) Letter from Tom Hockin, M.P., Minister of State, Small Business and Tourism g) Letter to Peter North, M.P.P., Minister of Tourism and Recreation 8. Federal Waterlot and associated land. • a) Letter from John Crosbie, M.P., Minister of Fisheries and Oceans b) Letter from the Township of Bayham c) Letter from the County of Elgin d) Letter from Ministry of Natural Resources, Aylmer District Office 9. Presentation to Tom Hockin Minister of State, Small Businesses and Tourism, Mr. Montieth Elgin/Norfolk M.P. and also in attendance Peter North (now Minister of Tourism) and various Mayors and Reeves from the area. ( 1 ) Presentation by the Village (2) Presentation by the Elgin Fisherman's Association (3) Various letters and resolutions pertaining to the meeting and the project 10. Letters to and from Michael Wilson M.P., Minister if Finance. 11. Call for Developers. • ( 1 ) Advertisement for the Call for Developers (2) Call for Developers package 12. Various letters and resolutions regarding the Outer Harbour. 13. Tourism and Recreation Masterplan. ( 1 ) Background Report (2) Final Report 14. The Outer Harbour Petition. I •Ministry of Minister', desTol? 777 Bay Street 777, rue Bay Municipal Afffaires ire14th Floor 14e etape Affairs municipales Toronto. Ontario Toronto(Ontario) M5G 2E5 M5G 2E5 Ontario 94/04/25 The Attached/L f II,gIAL PLAN AMgMlilENT 002 E VILLAGE OF—Peel' BURWELL Submitted to Plans Administration was/ oumis e s ('administration des plans et elont) bte Please Refer all Correspondence Related to Submission to:/ Veuillez adresser toute la correspondence MR . J .G. T I M L I N, CLERK , relative a cet envoi k VILLAGE OF PORT BURWELL THERISA SINGH BOX 10 , (416 k060 PORT BURWELLQuoting ie er: ONTARIO W4 Oi•QrtnaetingtgOmero de dossier : NOJ 1T0 LS16111/92) .111 I 4 VILLAGE OF PORT BURWELL By-law 91-31 A by-law to amend the Official Plan for the Village of Port Burwell 1990 (an area of land along the waterfront of the Village). The Municipal Council of the Village of Port Burwell enacts as follows: 1. Amendment No. 02 to the Official Plan for the Village of Port Burwell 1990, as contained in the text attached hereto and forming part of this by- law, is adopted. 2. The Clerk of the Municipality is authorized and directed to make application to the Ministry of Municipal Affairs for the approval of the aforesaid Amendment to the Official Plan for the Village of Port Burwell. 3. This by-law comes into force on the day it is passed. PASSED in Open Council on November 26, 1991 4allA Art�'wars Reeve Clerk First reading - Second reading - Third reading - AMENDMENT NO. 2 to the Official Plan for the Village of Port Burwell I hereby certify that the attached document is a duplicate copy of Amendment No. 2 to the Official Plan for the Village of Port Burwell - 1990, as adopted by By-law No. 91-31 of the Council of the Village of Port Burwell, enacted on 1991 pursuant to Section 17(6) of the Planning Act, 1983. I further certify that the attached Appendices to the Amendment No. 2 are true copies of the original documents. 02 G� ' � . / Date Clerk A . PURPOSE OF THE AMENDMENT The purpose of this Amendment is to introduce more refined policies into the Official Plan to guide major waterfront development in the Village of Port Burwell . B . LOCATION OF AMENDMENT This Amendment applies to lands along the waterfront , from Big Otter Creek on the west to Strachan Street on the east , Brock Street to the north, and includes part of an abutting waterlot extending into Lake Erie . The total area of waterfront development generally and approximately comprises 23 ha and includes 4 ha of existing mainland , 19 ha of land claimed from Lake Erie and is part of a waterlot to be conveyed from the Federal Government to the Village of Port Burwell . These calculations generally exclude the proposed new "East Beach" . ( See Photos following ) C . BASIS OF AMENDMENT The project is very major, is summarized below and detailed in Technical Appendix 1 . 1 . Development Concept The development concept proposed by Skinner Associated Group is to take the underdeveloped Village of Port Burwell and create a complete new centre . This new centre will house a major convention hotel with all of the surrounding and ancillary facilities to a convention hotel , along with facilities that draw people into the area such as theatres , a recreation complex , a spa, shops , an open air theatre , all the marine facilities , beaches , and the natural resources that already exist, along with all the service facilities required , and bring fishing and marine facilities together in an overall project . Approximately 400 condominium garden apartments are proposed . Major components are listed as follows : 1 . MARINA • 360 Marine Berths • 50 Visitor Marine Berths • 12 Fishing Vessels (commercial ) • 10 Gas Bar Berths • Major Restaurants • Overnight Cabanas • Administration Offices • Boutiques , Snack Bars , Shops • Commercial Fishermen Offices -:,•••• a •S.4'''''.• - ' • ''•• - .—..... • ..•';'''...•Z.:.7. • . .11. 1 . ' .. : ... v• ?•••••f,'•-:rt..•,,• . ,. .'••.4...n.els . }....C3"el., •1•1.„..if.• .. . ',..'41.: ..:v4Veit,ill . •• tjq•;;;.•.4••••v. •.. •. 1,:i''r;. 0. .... v ' 7r4i: • ' . . ir. ' 1':; I ' _Mfg ) : . . . . • 1 ' • ..ik r -•,:. ; • . 4 .... ..• 5-4 1 . . .. _ 1.•• . giti.... _., . .. . . . th 7 . .. . • 44.!"- , . . • .4, _ .. . .. - . •''' I:. . • .t. . . 4 t r 4,• . -Ner• : = . ••• - 7"' 4 14 •:,...Itt 7 •, • . ., . s .• _ • . . vt•• • :._,. f '' . • . • : - v•-•,- i•. ,,1..• , .,- • . •. J•1: . ! . 10 , - • • .le. 11. ikrz, • .#,. 4. • i • ig) .i.*,I. , . • . • • T..' ';--- ,v •. # ' • • . . - • • ...., ''.. 1164. • .. . 8 4,' • • •.•1!!:,I• /C-;;•'‘. 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BEACH FACILITIES • Water sports facilities • Laundry and Grocery Store • Beach Club and Day Facilities • Bar, Lounge , Coffee Shop • Change rooms , Lockers • Showers • Outdoor Theatre • Pavilion/Dance Stage , etc . • Swimming Pools 3 . CONVENTION HOTEL • 250 Rooms • 50 Penthouse Suites • Major Conference Room Facilities • Pools: Indoor/Outdoor • Lounges , Bars , Restaurants • Health Club and Spa 4 . ATHLETIC CENTRE • Squash, Handball • Indoor Tennis • Weight Rooms , Gymnasium • Cinaplex Theatres 5 . LOW RISE CONDOMINIUMS - 120 6 . HIGH RISE CONDOMINIUMS - 250 7 . PARKING - 2000 spaces on 2 decks ( plus ) . The total project site comprises : • existing mainland 4 .02 h ( 9. 9 ac ) • reclaimed land from waterlot 4 . 50 h ( 11 . 1 ac ) • marina/groyen area in Lake 14 . 73 h ( 36 . 4 ac ) Total Area 23 . 25 h ( 57 . 4 ac ) The total building area is calculated to be approximately 1 , 200 , 000 sq. ft . , and the decked parking is expected to consume two levels on the mainland and the reclaimed area P - gdf I 1 t 0 c 1,4I� (-1'*• • : art !,1 .-, II 1Olidi -1 I 1 s .. , .., / ,,/, . . . r ,,,.,,:f- • :11.,...:Ti-r--47---.esr-i'N4-5\-1-11 G ". • e 0 tIVgi ti ‘ , - .., • �[o[w re,i0,Ntite„, ‘ 1 :m1 w.rI WPM ft MY= —,., • \t in i I Hann MOW .. • - -121 Ur III5 '�` �I ` _. 1 I IIr I��II� 1 IW rt K. , I I \b=II „/„..„-). • rna al MI O I •I i s 1 wrorrl IIII111Ia l J 1 Ir nr�.n.. .� , f r �� �.r • 1 rl.w n� 1 r i : r,++ . w�ruv • �.,• �LiS ` �. / ; �. . 1.1wIa...n MAN III • �. 1 W u r w Irrmr `,% .� ' r 1�I r ar MEI .,`4T N''.4 :0 .O / . 1•811..11.1.8111 1 NMI rwINV 111•111•111•111•\ �1= 4— .1 \. 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' -JP.- ,... . .• .4‘ ..• ; • •• • .r:•• ..i/i• jr. .- - • • • •• • • - ' ' • - • .• ;i-'k-:...it rr-$....ri34....4,',:,•-.1,i, ..i -:er.C,.... V-.IPZ'.--itz4 i,gaito lit 1474145.4i-N. ':•-•- 11 - •-•-•,..-•-•••• 4'-‘is T.,. i•v-r•c 4-‘ _iv-ra„ ,, .1.14 • -_,--_,_P "...-it. .1:-.:."1: A./A.:Willi...L.,"W.- I- .( ) N ( ' 1-: 1 I ! ;\ 1 . Ni r I I.: I 1 - 3 - of the waterlot , for a total of approximately 1 , 800 , 000 sq. ft . The total project building and parking area total approximately 3 , 000 , 000 sq. ft . On a gross site area of 57 . 4 ac , a floor area ratio of 1 . 2 : 1 is generated . If the marina site area is excluded, which normally should be for floor area ratio calculations , the floor area ratio is approximately 4 : 1 . 2 . Projected Estimated Cost ( 1991 dollars ) Marina $ 8 , 300 , 000 . 00 Ancillary Facilities 10 , 000 , 000 . 00 Convention Hotel and Retail Facilities 35 ,000 , 000 . 00 Athletic Centre 8 , 000 , 000 . 00 Cinaplex Theatres 2 , 000 , 000 . 00 Garden Apartment Condominiums 12 , 000 , 000 . 00 Highrise Condominiums 25 , 000 ,000 . 00 Parking 8 ,000 ,000 . 00 Total Projected Cost $108 , 300 , 000 . 00 The rationale for this amendment is as follows : a ) Historically the Village has always contemplated the waterfront as a resource , but never have had sufficient revenues to develop it . In 1988 a Federal Government Harbour Study was conducted, with a view to building breakwall or groyens for the "outer marina project" . This project was to involve a Village/private sector entrepreneurial partnership to develop a marina on the basis of the Federal Government built breakwalls . By 1989 it seemed that the Federal Government was not prepared to build the breakwall and therefore a private developer was to be pursued to develop the outer marina and the waterfront . This was done so on the basis of a "call for proposals" initiated in January 1990 . Skinner Associated Group was selected in May 1991 . The Federal Government had agreed in principle to convey waterlots to the Village . b ) Economically, the Village would enjoy $110 , 000 , 000 worth of investment into a large scale capital project that would result in an economic boom to the community. The full economic impact would be measured at a subsequent stage in the overall development process . - 4 - i ) Population The population would increase from the current 760 , by approximately 1000 , an increase of 50 percent over a 5 year phased period. ii ) Employment Employment opportunities would increase greatly from the initiation of the construction to operation and management of the convention hotel and marina facilities . The Village has estimated 89 year around , 30 part time and 151 seasonal jobs would be created . iii ) Taxes It is intended that property taxes will not be affected as the development is self-contained. The Village has stated that its tax base is now $120 , 000 and preliminary projected revenues from the waterfront project would be approx- imately $60 , 000 per year. Tied to increased Village revenue is $ 18 , 000 more in per capita unconditional provincial grants . Other developments proposing approximately 300 units would increase Village revenues further. Increased expenses are limited to garbage pick- up and some increase in Village staff. It is suggested that although families would be welcome to the development , the density of the proposed project includes apartment forms of housing which are more beneficial to non-family households such as young retired couples , etc . Therefore increased significant schooling facilities would be negligible . The estimated net return to the Village would be $51 , 000 as estimated by the Village of Port Burwell . The Village predicts that over a 10 year period , once the project is operational , $3 million of extra funds would be generated and these would be devoted to improvements to the Village . More study will assist in developing accurate tax impact projections . - 5 - iv ) Housing Housing costs for the apartment condominiums would generally range from $90 , 000 to $120 , 000 per unit ( 1991 dollars ) . There would be some units priced above this range . v ) Esthetics and Design It is intended that even though the development will be very major, its mass and bulk will not have a detrimental effect on the beauty of the local topography for the Village as a whole . The project would enhance the cliffs along the Lake Erie shore , and the waterfront per se. It will provide a new "east" beach which would be better than the existing one as it would have inground facilities and be more protected . vi ) Public Access The development intends that the development maximize public access particularly to the new beach which is located east of the marina and to the marina facilities themselves . The hotel would have common areas for the public and private areas for various functions and rooms for guests . vii ) Community Support On August 22 , 1991 , Council held a public meeting to invite the community to see the proposal put forth by Skinner Associated Group. A summary of the discussions are contained in Technical Appendix 2 and it would appear that there is generally a very high level of support for the project in order for the Village to get out of its economically depressed state. A meeting was also held on November 6 , 1991 as a public meeting for the Official Plan Amendment and approximately 30 people attended. The Minutes or a summary of same are attached as Technical Appendix 3 . - 6 - The community support is of no surprise because economic opportunity is recognized as being very much needed. The concept of development , the approach taken by the developer are based on a harmonious "togetherness" relationship with the community. viii )Village/Developer Work Program and Schedule of Events The following list presents the tasks in order with a scheduled target date for the necessary studies and work to be completed in order to bring the development into the construction phase . SCHEDULE OF EVENTS Target Date 1 . Acquisition of Waterlot January 1992 and associated land 2 . Approval of Official Plan May 1992 Amendment by the Minister of Municipal Affairs 3 . Approval of Zoning By-law January 1992 Amendment 4 . Annexation of the May 1992 Waterlot 5 . Environmental Assessments August 1992 6 . Socio-Economic Impact October 1992 Assessment , Traffic and Transportation Assessment Serving Feasibility, Effects of Erosion on the Shores of Lake Erie 7 . Holding Provision lifted November 1992 from Zoning 8 . Construction Starts Summer 1993 D. CHANGES MADE BY THIS AMENDMENT Schedule A, Land Use Designation of the Official Plan for the Village of Port Burwell is amended by: 1. Deleting 'Future Development (Commercial and Multi-Family Residential)" and 'Multi-Family Residential Harbour" designations on certain lands, and replacing it with a "Waterfront Mixed Use Development" designation. The map changes are shown on Schedule A-1 of this Amendment. 2. Deleting the 'Future Development' (FD) policies in Section 3.11. in their entirety, and substituting in new policies as set out below: '3.1 1. The Council of the Village of Port Burwell has long realized the economic importance of the waterfront And harbour area However, it has also been long recognized that proper development, would be at a very high capital cost -- sal/ideally high that private sector investment would be vital Therefore to achieve sensitive and economically feasible waterfront and harbour development a good deal of flexibility will be required in establishing policy and implementation regulations A dose worming relationship with the private developers will be necessary and with appropriate public participation, the whole of the community will work together to achieve an ameliorated waterfront The following polies are set out to guide development but should be viewed with flexibility in order to accomodate changing circumstances Permitted 3.11.1. In the Waterfront Mixed Use Uses: Development (WMD), high and medium residential , hotel, convention facilities, retail, commercial, recreational.,restaurant, offices, marinas and accessory uses may be permitted and set out in the Zoning By-law. 3.11.2. The area included in the designation includes the lands bounded by Brock Street to the north, approximately Strachan Street to the east, Lake Erie to the south and the 8 existing pier and Big Otter Creek to the west. The area comprises a part of a waterlot in Lake Erie, the shoreline and embankment of Lake Erie, as well as some tablelands to the north. The total area of the waterfront development generally and approximately comprises 23 ha and includes 4 ha of existing mainland, 19 ha of land claimed from Lake Erie and is part of a waterlot to be conveyed from the federal Government to the Village of Port Burwell. These calculations generally exclude the proposed new 'East Beach'. Height: 3.11.3. The maximum height of any building or structure for the entire waterfront development project, except hotels, shall be six storeys measured from the top of the slope. However, this maximums may not be achievable and the following matters shall be considered in more detailed planning and design: a) the height of buildings and structures should relate to the difference between the top and bottom of slope elevations; b) the enhancement of the Village waterfront skyline; c) siting and massing of new buildings should avoid disrupting or otherwise significantly reducing existing views of the waterfront. Where such views are impacted, the development shall provide appropriate landscaping treatment and, provide for public access to alternate view points and vistas on the development site; Mii \ Z. \-.;. ,MI'11 es css •\ /( II "' ••,,,e,u It , , e,r rt,r! LAND �"V �VVI�\� 1 •,vl� � I1....1/CP caE -- .i' _I • �'• 1111is (s._!i :I1 I ilii) Cs C LEGEND Mr. 1 p. I 1: I I is 1 1 '1;`,�'j i i iii 1 : ; 11:. c—Iii 1: 1j. ,� SII _ 11 C 1 II�»t l I �T �r..,.-T^^/' a IE_�T�.::s: .. CS i C p4{c I I i \. It 1: ��%�S�% C—_�, tt Rur Y�-1 ia�w: Rt�..5�:..�: S. I 1 rh.rl. �:1 raa: RS Eml":� •r�ac.- ,r '��� ; �!� •f/'� __� :� �. 1ti "_' FAO. Ictt= neer; iISs�S?/: • t( • • „. i I . 4 ,\ . „, /▪,- . , . -....,„ I: 3d=:1-7 Xt.t.:,. • ' -. .... ............• • :.1,.:-: : ....—-7.::`+.'. • ... I 1 "''•:.......,. J1'7. ao.:,.....:.`., / CZ, ; il. •:Y: :i' - ��_ _.��'• ��`\ .` / il I DQ�L�:cm IL :::: •.:';:.::•:•;•:•:•:•::::::::::::::•:::::::.%*::::: ,:� L i ICS I-=�.. ill 1 I ,.�—'• c: a..Y mom'_ v. •• ,:Y: :'} �•••�. 1 1 — :R U -.. — 1 1 I- I ,-� \--1,„ • J \. tititi ,:.::::::,;•$%:•.::%:&•:.:::4:3::•:4&. • _ . 1 , _ , 1 I I I I — 1 `_�_J .==—_• I I I i I 1 III t• I 1 1 1„,„,....2,,,'•. ' i: E - ter+— —:---I; (V r ,n -- I— j ,e_ c_ louvS:ary :A.:7 �k ' tpFUTURE DEVFLOP . r�. __ _, • s.._ . — — �t WATERFRONT MIXED USE ...---.-----_—.._-----7. — .: .. 4 1 � iii,,1�'1.°�` " "�"" ' DEVELOPMENT IMC Cansuitin, .6% ,.r Grano Ir:. SOURCE — official plan ; Port Burwell SCHEDULE A - 1 d) other interests of the Village and the Long Point Region Conservation Authority. e) Individual proposals for hotels up to a maximum height of ten storeys may be considered by Council upon submission of a detailed site plan. An appropriate amending zoning by-law may be approved only after a public meeting has been held to review the detailed site plan and zoning proposal. Detailed site plan shall include but should not be limited to elevations and detail plan showing all buildings and structures to be erected. 9 Further 3.11.4. Preliminary technical analysis and public Studies: participation has been undertaken and is documented in Technical Appendices. Further study and analysis shall be completed to the satisfaction of the Village as follows: a) a socio-economic impact assessment including an assessment of recreation impacts on the Village; b) a traffic and transportation assessment for the Village and routes leading into the Village; c) a servicing feasibility study; d) an examination of the effects of erosion on the shores of Lake Erie in consultation with the Long Point Region Conservation Authority. Aooroval Relevant agencies such as the Township of Agencies; Bayham, Long Point Region Conservation Authority, Ministry of Environment, Ministry of Natural Resources, Ministry of 10 Municipal Affairs and any other public or private agency or commission considered relevant, at the sole discretion of the Village, shall be invited to formal acceptance by the Village of these studies. Prior to final zoning approval, the required studies shall demonstrate, to the satisfaction of the Village, that the proposed development is compatible with surrounding land uses and will benefit the existing social, recreation and economic infrastructure of the Village. Holding 3.11.5. Land designated 'Waterfront Mixed Use Zone: Development' (WMD) may be subject to holding provisions, as described in this Official Plan (Section 5.4). Removal of the 'h' symbol from the implementing zoning by-law shall not be approved until all required studies are completed to the satisfaction of the Village of Port Burwell. Housing 3.11.6. Residential uses shall be permitted as Form and follows: Density: a) townhouses to a maximum net density of 35 units per hectare (14 units per acre); b) stacked townhouses to a maximum net density of 60 units per hectare (25 units per acre); and c) apartments to a maximum density of 100 units per hectare (40 units per acre), and on the more detailed planning and design of development, occasional higher densities may occur to enhance housing choice and diversity. To achieve this, 'bonusing" incentives may be included in the Zoning By-law to permit a maximum ! 1 density of 150 units per hectare (60 units per acre). d) Accessory uses may also be permitted such as; marina and associated uses, including boat storage and repairs; parks; tourist commercial establishments; and parking areas. Non-Residential 3.11.7. Non-residential uses shall be permitted to a Densities: maximum density of 1.5:1 (FAR) and on the more detailed planning and design of the development, occasional higher densities may occur to enhance the marina project. To achieve this, 'Bonusing' Incentives may be included in the Zoning By-law to permit a maximum density of 2:1 (FAR). To clarify the intent of this policy, Floor Area Ratio (FAR) shall be calculated based on the Gross Floor Area divided by Lot Area. Gross Floor Area does not include area used for private garages, parking or boarding areas, whether in the main building or in accessory buildings. Zoning 3.11.8. Council may encourage the provision of Jncentivet_ increased amounts of public open space and parkland and the protection of views, through the use of bonus regulations in the Zoning By-law, provided the development proposal responds to the following: a) public open space/parkland or cash- in-lieu in excess of 5% is dedicated to the municipality; b) maximum building heights allowed are limited to less than 6 storeys, with maximum bonusing awarded to developments of 3 storeys (i.e. 12 metres or less). l Specific zoning regulations will be set out in the Zoning By-law, to allow densities to increase as follows: c) Residential Uses to a maximum density of 150 units per hectare; d) Total development to a maximum of 2:1 FAR. Public 3.11.9. The waterfront is considered a very Ownership: important element to the community at large. As such Council puts considerable value in obtaining either ownership or public easements along Big Otter Creek for public use. Further, Council recognizes and supports the continuation of the existing uses such as Commercial Fishing, Charter Boat Operators, Recreational Boating, Recreational Anglers, and the Public Boat Ramp, and thereby will be seeking their inclusion in waterfront development or redevelopment proposals. Site Plan 3.11.10. Lands subject to the Waterfront Mixed Use Control: Development (WMD) designation shall be designated, under the provisions of Section 40 of the Planning Act, as a proposed Site Plan Control Area. Council may pass a by- law which requires site plans and/or drawings. Annexation: 3.11.11. It is recognized that a waterlot, as shown in Schedule 'A-1', will be annexed by the Village of Port Burwell from the Township of Bayham prior to the final approval of this Amendment by the Minister of Municipal Affairs. Upon Ministerial approval, this Amendment will apply to that waterlot.' APPENDICES 1. Skinner Associated Group proposal Waterfront Marina Development Dated March 15, 1991. 2. Port Burwell Marina and Waterfront Development Analysis Report by Hanscomb Consultants Inc. 3. Notice of Official Plan Amendment published in the Tillsonburg News. 4. Minutes of the Official Plan Amendment Public Meeting held on November 6, 1991. 5. Copy of local newspaper 'Harbour Lights' of the proceedings of the meeting. 6. Notice of the passing of the by-law to amend the Official Plan in the Tillsonburg news. 7. Information Meeting to update residents on the Outer Harbour Marina Project. a) Information Meeting Notice sent to residents b) Copy of slides presented at the meeting c) Copy of marina package handed out by Skinner Associated Group d) Copy of newspaper articles before and after the Information Meeting e) Copy of the local newspaper 'Harbour Lights' special edition of the proceedings of the meeting f) Letter from Tom Hockin, M.P., Minister of State, Small Business and Tourism g) Letter to Peter North, M.P.P., Minister of Tourism and Recreation 8. Federal Waterlot and associated land. a) Letter from John Crosbie, M.P., Minister of Fisheries and Oceans b) Letter from the Township of Bayham c' Letter from the County of Elgin d) Letter from Ministry of Natural Resources, Aylmer District Office 9. Presentation to Tom Hockin Minister of State, Small Businesses and Tourism, Mr. Montieth Elgin/Norfolk M.P. and also in attendance Peter North (now Minister of Tourism) and various Mayors and Reeves from the area. ( 1 ) Presentation by the Village (2) Presentation by the Elgin Fisherman's Association (3) Various letters and resolutions pertaining to the meeting and the project 10. Letters to and from Michael Wilson M.P., Minister if Finance. 11. Call for Developers. (1 ) Advertisement for the Call for Developers (2) Call for Developers package 12. Various letters and resolutions regarding the Outer Harbour. 13. Tourism and Recreation Masterplan. (1 ) Background Report (2) Final Report 14. The Outer Harbour Petition. FILE COPY Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution April 12, 1994 MOVED BY: " \ • t*"‘:Of "Well SECONDED BY: ` � The Council of the Village of Port Burwell has recieved and reviewed the attached Modifications by the various government agencies to the Official Plan Amendment #2 in association with the ByLaw 91-31 and hereby accepts without condition the changes and revisions as attached. UNANLMouSLY: v . _ . /10101.6.7.4g7 r 1 . A. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to introduce more refined policies into the Official Plan to guide waterfront development in the Village of Port Burwell. B. LOCATION OF AMENDMENT This Amendment applies to lands along the waterfront, from Big Otter Creek on the west to Strachan Street on the east, Brock Street to the north, and includes all of one abutting waterlot and part of another abutting water lot extending into Lake Erie. The total area of waterfront development generally and approximately comprises 30 hectares and includes 4 hectares of existing mainland, and 26 hectares of land claimed from Lake Erie and conveyed from the Federal Government to the Village of Port Burwell. C. BASIS OF AMENDMENT The basis of this amendment is to facilitate waterfront development. Further detail is contained within the context of this report. 1. Development Concept The general development concept proposes the creation of an outer harbour marina, multi unit residential development and an entertainment/recreation complex. This development may also include a major convention hotel with ancillary facilities consisting of a convention hotel, theaters, recreation complex, spa, shops, an open air theatre. Existing marine facilities, Leaches and natural resources combined with the proposed development will bring commercial and recreational fishing and marine facilities together into a single comprehensive project. Details of the major components are listed as follows: MARINA 360 Marine Berths 50 Visitor Marine Berths 12 Fishing Vessels (commercial) 10 Gas Bar Berths Major Restaurants Overnight Cabanas Administration Offices 1 • Boutiques, Snack Bars, Shops Commercial Fishermen Offices ii. BEACH FACILITIES Water sports facilities Laundry and Grocery Store Beach Club and Day Facilities Bar, Lounge, Coffee Shop Change rooms, Lockers Showers Outdoor Theater Pavilion/Dance Stage, etc. Swimming Pools iii. CONVENTION HOTEL 250 Rooms 50 Penthouse Suites. Major Conference Room Facilities Indoor/Outdoor Pools Lounges, Bars, Restaurants Health Club and Spa iv). LOW RISE CONDOMINIUMS 120 The total project site comprises: Existing mainland 4.02 ha ( 9.9 acres) Reclaimed land from water lot 4.50 ha (11.1 acres) Marina/groyen area in Lake 14.73 ha (36.4 acres) Total Area 23.25 ha (57.4 acres) 2 I I The total building area is calculated to be approximately 1,000,000 sq. ft. on a gross site area of 57.4 acres, a floor area ratio of 2.5:1 is generated. If the marina site area is excluded, which normally should be for floor area ratio calculations, the floor area ratio is approximately 4: 1. 2. Projected Estimated Finished Project Cost (1991 dollars) Marina 8,300,000 Ancillary Facilities 10,000,000 Convention Hotel and Retail Facilities 35,000,000 Athletic Centre 8,000,000 Cinaplex Theaters 2,000,000 Garden Apartment Condominiums 12,000,000 Total Projected Cost 75,300,000 The rationale for this amendment is as follows: a) Historically The Village of Port Burwell is a maritime community which views its water front as a valuable natural resource. The municipality however, has not had local government funds in order to develop its water front into a commercially viable harbour. In 1988 a Federal Government Harbour Study was conducted, considering the potential construction of break walls or gr(yens. This project would involve a Village/private sector entrepreneurial partnership in an effort to develop a marina on the basis of the Federal Government funding for the construction of the break walls. By 1989, it seemed that the Federal Government was not prepared to build the break wall and in January of 1990 the municipality decided to advertise for proposals from private development companies to develop the outer marina and the waterfront. The municipality selected development company in May 1991. Based upon the request by the municipality to develop the water front privately, the Federal Government agreed to convey the water lots in the vicinity of the proposed development to the Village. b) Economically Based upon the proposal submitted by a developer, the Village would enjoy $75,300,000 worth of investment into a large scale capital project that would result in an economic boom 3 v * , The total building area is calculated to be approximately 1,000,000 sq. ft. on a gross site area of 57.4 acres, a floor area ratio of 2.5:1 is generated. If the marina site area is excluded, which normally should be for floor area ratio calculations, the floor area ratio is approximately 4: 1. 2. Projected Estimated Finished Project Cost (1991 dollars) Marina 8,300,000 Ancillary Facilities 10,000,000 Convention Hotel and Retail Facilities 35,000,000 Athletic Centre 8,000,000 Cinaplex Theaters 2,000,000 Garden Apartment Condominiums 12,000,000 Total Projected Cost 75,300,000 The rationale for this amendment is as follows: a) Historically The Village of Port Burwell is a maritime community which views its water front as a valuable natural resource. The municipality however, has not had local government funds in order to develop its water front into a commercially viable harbour. In 1988 a Federal Government Harbour Study was conducted, considering the potential construction of break walls or groyens. This project would involve a Village/private sector entrepreneurial partnership in an effort to develop a marina on the basis of the Federal Government funding for the construction of the break walls. By 1989, it seemed that the Federal Government was not prepared to build the break wall and in January of 1990 the municipality decided to advertise for proposals from private development companies to develop the outer marina and the waterfront. The municipality selected development company in May 1991. Based upon the request by the municipality to develop the water front privately, the Federal Government agreed to convey the water lots in the vicinity of the proposed development to the Village. b) Economically Based upon the proposal submitted by a developer, the Villagewould enjoy $75,300,000 worth of investment into a large scale capital project that would result in an economic boom 3 for the community. The full economic impact would be measured at a subsequent stage in the overall development process. i) Population Based upon the proposed development the population is estimated to increase from the current 960, by approximately 1000, an increase of over 100 percent over a 10 year phased period. ii) Employment Employment opportunities would be available and steadily increasing from the initiation Of the construction of the project to operation and management of the convention hotel and marina facilities. Based upon preliminary economic impact reports, the project would generate 89 full time lobs, 30 part time jobs and 151 seasonal positions. iii) Taxes The property taxes of existing building will not be affected as the development is self-contained. however harmonious with the municipality. The Village tax base is now $200,000 and preliminary projected revenues from the waterfront project would be approximately $60,000 per year. Tied to increased Village revenue is $18,000 more in per capita unconditional provincial grants. Increased expenses are limited to solid waste management and increase in municipal staff. The estimated net return to the Village would be $51,000 as estimated by the Village of Port Burwell. It is predicted that over a 10 year period, once the project is operational, $3 million of extra funds would be generated from spin off effects of the development. These additional revenues would be devoted to general municipal infrastructure improvements. Economic impact studies will be necessary in developing accurate municipal, provincial and federal tax impact projections. iv) Housing Housing costs for the apartment condominiums would generally range from $90,000 to $120,000 per unit (1991 dollars) and would be considered second home and retirement investments. There would be some units priced above this range. 4 v) Esthetics and Design It is intended that even though the development will be very major it will not have a detrimental effect on the beauty of the local topography for the Village as a whole. It will provide a new"east" beach with proper in ground health facilities and be more protected from the weather effects of Lake Erie. vi) Public Access The development intends that the development maximize public access particularly to the new beach which wil be located east of the marina and marina facilities. vii) Community Support On August 22, 1991, Council held apublic meeting to review a private proposal for the development of the lands inviting public input. A summary of the discussions are contained in Technical Appendix 2 indicating a generally a very high level of support or the project. A second public meeting was held on November 6, 1991 considering the Official Plan Amendment and approximately 30 people attended. The Minutes or a summary of same are attached a Technical Appendix 3. D. THE AMENDMENT The Official Plan of the Village of Port Burwell is amended as follows: 1. Schedule A, Land Use Designation of the Official Plan for the Village of Port Burwell is amended by illustrating the new Village boundary to clearly define the new limits of the planning area. This boundary adjustment affects two waterlots in Lake Erie. 2. The area indicated on the attached Schedule "A" of the Official Plan is hereby redesignated from "Future Development (Commercial and Multi-Family Residential)" and "Multi-Family Residential Harbour" to 'Waterfront Mixed Use Development". 3. Schedule "A" of the Official Plan is hereby amended by deleting "FD Future Development (Commercial and Multi-Family Residential)" from the Legend and replacing it with "WMD Waterfront Mixed Use Development". 4. Sub-section 3.11 (Future Development policies) of the Official Plan is hereby deleted in its 5 entirety and replaced by the following new sub-section 3.11: "3.11 Waterfront Mixed Use Development (WMD): The following policies are set out to guide development of the waterfront and harbour area. 3.11.1 Permitted Uses In the Waterfront Mixed Use Development (WMD), high and medium density residential, hotel, convention facilities, retail, commercial, recreation, restaurant, office, marina and accessory uses may be permitted and set out in the Zoning By-law. 3.11.2 Location The area included in the designation includes the lands bounded by Brock Street to the north, approximately Strachan Street to the east, Lake Erie to the south and the existing pier and Big Otter Creek to the west. The area also includes all of one water lot and approximately half of a second water lot in Lake Erie. The total area of the waterfront development comprises of 30 hectares and includes 4 hectares of existing mainland and 26 hectares of land claimed from Lake Erie. The two water lots affected by this amendment were purchased by the Village from the federal Government. 3.11.3 Height The maximum height of any building or structure for the entire waterfront development project, except hotels, shall be six storeys. However, this maximum may not be acceptable in all instances and the following matters shall also be considered in more detailed planning and design: a) the maximum height of buildings and structures, except hotels, could relate to the top of slope elevations; b) the enhancement of the Village waterfront skyline; c) siting and massing of new buildings should avoid disrupting, or otherwise significantly reducing, existing views of the waterfront. Where such views are impacted, the development scheme will provide 6 appropriate landscape treatment, and provide for public access to alternative view points and vistas on the development site; d) other interests of the Village and the Long Point Region Conservation Authority; and e) individual proposals for hotels, up to a minimum height of ten storeys, may be considered by Council upon submission of a detailed site plan. An appropriate amending zoning by-law may be approved only after a public meeting has been held to review the detailed site plan and zoning proposal. The detailed site plan shall include, but should not be limited to, elevations and detail plans showing all buildings and structures to be erected. 3.11.4 Further Studies Preliminary technical analysis and public participation has been undertaken and is documented in Technical Appendices. Further study and analysis shall be completed to the satisfaction of the Village as follows: a) A socio-economic impact assessment, including recreation impacts on the Village; b) a traffic and transportation assessment for the Village and routes leading into the Village; c) a servicing feasibility study; and d) an examination of the effects of erosion on the shores of Lake Erie in consultation with the Long Point Region Conservation Authority. Approval Agencies Relevant agencies such as the Township of Bayham, Long Point Region Conservation Authority, Ministry of Environment and Energy, Ministry of Natural Resources, Ministry of Municipal Affairs and any other public or private agency or commission considered relevant, at the sole discretion of the Village, may be invited to review and comment on these studies. Prior to final zoning approval, the required studies shall demonstrate, to the satisfaction of the Village, that the proposed development is compatible with 7 surrounding land uses and will benefit the existing social, recreation and economic infrastructure of the Village. 3.11.5 Holding Zone Land designated 'Waterfront Mixed Use Development" (WMD) shall be subject to holding provisions as described in this Official Plan (Section 5.4). In addition to the requirements of Section 5.4, removal of the "h" symbol from the implementing zoning by-law shall not be approved until all studies required by the Village of Port Burwell, the Ministry of the Environment and Energy, and the Ministry of Natural Resources are completed to their satisfaction. Required studies shall include the following: an assessment of the impact of permitted uses on the capacity and location of the sewage treatment works and confirmation of the availability of uncommitted reserve capacity. an assessment of the impact of marina construction and associated lake filling on water supply intakes, sewage outfalls and other water uses. measures to be taken to ensure compliance with Provincial guidelines respecting the quality of fill for lakefilling; the protection and management of aquatic sediment quality; and sediment and water quality. an assessment of the impacts of the proposal on the floodplain, channel and Lake Erie and their associated impacts on fisheries; this shall include the following: i) an assessment of the existing fish and wildlife habitats and populations using those habitats; ii) an assessment of the anticipated effects of the development on the identified fish and wildlife resources and identification of those resources for which mitigative or protective measures will he needed; and iii) identification of the methods proposed to mitigate the anticipated effects of the development for the protection of the identified resources, during and after construction; mechanisms to be used to ensure compliance with mitigative requirements shall include site plan control (i.e. development agreements), and enforcement of provincial and 8 federal legislation by relevant authorities. an assessment of the coastal impacts of the proposal by a qualified coastal engineer, including a detailed assessment of the areas immediately east of the proposed marina and the quality of the"new" beach to be created. 3.11.6 Housing Form and Density Residential uses shall be permitted as follows: a) townhouses to a maximum net density of 35 units per hectare (14 units per acre). b) stacked townhouses to a maximum net density of 60 units per hectare (25 units per acre); c) apartments to a maximum density of 100 units per hectare (40 units per acre), and on the more detailed planning and design of development, occasional higher densities may occur to enhance housing choice and diversity. To achieve this, "bonusing" incentives may be included in the Zoning By-Law to permit a maximum density of 150 units per hectare (60 units per acre); d) accessory uses may also be permitted, including: marina and associated uses, including boat storage and repairs; parks; tourist commercial establishments; and parking areas. x.11.7 Non-Residential Densities: Non-residential uses shall be permitted to a maximum density of 1.5:1 (FAR). Upon more detailed planning and design, occasional higher densities may be approved to enhance the marina project. To achieve this , Bonusing Incentives may be included in the Zoning By-Law to permit a maximum density of 2:1 (FAR). To clarify the intent of this policy, Floor Area Ratio (FAR) shall be calculated based on the Gross Floor Area divided by Lot Area. Gross Floor Area does not include area used for private garages, parking or boarding areas, whether in the main building or in accessory buildings. 9 3.11.8 Zoning Incentives Council may encourage the provision of increased amounts of public open space and parkland and the protection of views, through the use of bonus regulations in die Zoning By-Law, provided the development proposal responds to the following: a) public open space/parkland or cash-in-lieu in exess of 5% is dedicated to the municipality; b) maximum building heights allowed are limited to less than 6 storeys, with maximum bonus awarded to developments of 3 (i.e. 1 mgstoreys 2 metres or less). Specific zoning regulations will be set out in the Zoning By-Law to allow densities to increase as follows: c) Residential Uses to a maximum density of 150 units per hectare; d) Total development to a maximum of 2:1 FAR. 3.11.9 Public Ownership: The waterfront is considered a very important element to the community at large. As such, Council puts considerable value in obtaining either ownership or public easements along Big Otter Creek for public use. Further, Council recognizes and supports the continuation of the existing uses such as Commerical Fishing, Charter Boat Operators, Recreational Boating, Recreational Anglers, and the Public Boat Ramp, and therefore seeks their inclusion in waterfront development or development proposals. 3.11.10 Site Plan Control Lands subject to the Waterfront Mixed Use Development (WMD) designation shall be designated, under the provisions of Section 40 of the Planning Act, as a proposed Site Plan Control Area. Council may pass a by-law which requires site plans and/or drawings, as per Section 5.7 of the Official Plan. 3.11.11 Water Lots • 10 • 4 It is recognized that two water lots, as shown on Schedule "A" of this amendment, are affected by this amendment. These water lots are legally described in Reference Plan 11R-5137 and referred to as Part 1 and Part 2. This amendment is intended to apply to all of Part 1 and approximately the west half of Part 2. The Township of Bayham Official Plan did not apply to these water lots. Therefore, an amendment to the Township's Official Plan is not needed. This amendment is not intended to apply to the east half of Part 2. Therefore, that portion of Part 2 will continue without designation. 5. Sub-sections 5.5 to 5.19 inclusive are hereby renumbered as sub-sections 5.6 to 5.20. 6. Section 5 (Implementation and Administration) of the Official Plan is amended by adding the following new sub-section after sub-section 5.4-: 5.5 Bonus Provisions 5.5.1 Principle Provisions of the Planning Act enable a municipality, through its Zoning By- Law, to permit density and height bonuses (i.e. allow higher densities than those normally allowed in a particular zone). These bonuses are awarded to proposed development in return for private assistance in achieving stated public objectives, such as the provision of facilities, services or other matters as may be set out in the Zoning By-law. This must result in a general benefit to the public and/or an enhancement of the development to the extent that a greater density or height is appropriate. 5.5.2 Objectives The waterfront is considered a very important element to the community at large. As such, Council hopes to obtain public ownership or easements along Big Otter Creek and the Lake Erie Shoreline for public use. Therefore, Bonus zoning will be used to support Council's objective to obtain public ownership and/or public easements, along Big Otter Creek and the Lake Erie shoreline within the Waterfront Mixed Use Development designation (WMD). It is Council's intent to apply these provisions in the East Beach area for tourist- oriented development. 11 • • . . Thus, Bonus Zoning may be used to support one or more of the following objectives: a) To protect significant public view points and vistas of the lake front from the top of the bank and from the existing downtown area. b) To enhance new tourist oriented development proposals in the East Beach Area through the provision of additional landscaped open space and hidden or underground parking areas. c) To support the provision of, and improved access to, public open space, in addition to the parkland dedication requirements normally allowed by the Planning Act. Policies 5.5.3.1 Council may encourage the provision of increased amounts of public open space and parkland and the protection of views, and vistas, through the use of bonus regulations in the Zoning By-law, provided the development proposal responds to one or more of the following: a) public open space/parkland or cash in lieu in excess of 5% is dedicated to the municipality; b) the development provides additional landscaped open space and where existing views are disrupted by development, public access is available to alternate view points and vistas on the development site; c) maximum building heights are limited in accordance with specific policies in Section 3; d) the development is intended to principally cater to or support the tourism industry in Port Burwell. 5.5.3.2 Specific zoning regulations shall be set out in the Zoning By-law, to allow densities to increase, provided proposals satisfy one or more of the criteria in Section 5.5.3.1. 5.5.3.3 Specific zoning regulations shall be set out in the Zoning By-law to allow maximum heights to increase, provided proposals satisfy one or more of the criteria in Section 5.5.3.1. 5.5.3.4 Specific policies limiting bonuses that may be awarded are set out in Section 3 - 12 • r LAND USE POLICIES, of this Official Plan. Implementation and Interpretation The implementation and interpretation of this Amendment shall he in accordance with the respective policies of the Village of Port Burwell Official Plan. 13 f f 0 AMENDMENT No. 2 TO THE OFFICIAL MATCH LINE PLAN FOR THE VILLAGE OF 40 F PORT BURWELL SC411 HEDULE .Al OS O$ LAND USE DESIGNATION \` \` L4KE ERIE hi —AREA AFFECTED BY THIS O$ \\ VILLAGE OF PORT BURWELL AMENDMENT - FROM"FUTURE 'E'T \` DEVELOPMENT"AND "MULTI- R `�\` FAMILY RESIDENTIAL HARBOUR TO"WATERFRONT MIXED USE —"'n' I ,� DEVELOPMENT" 11111111111`Ine 1111=®11= \` LEGEND e� ni:n�11°a111un3�:�` °$ \ u -_ 3�i� -i0=' '' C )\ R RESIDENTIAL , RMF MULTI FAMILY RESIDENTIAL O$ n RMFH ^ nl`` .,_A `\ RMFH MULTI FAMILY RESIDENTIAL•HARBOUR 1 �� C ' R \` RMR MOBILE HOME RESIDENTIAL / _/ -Q-{ „111 111, �� •Iiip�1♦ \\\`\ C COMMERCIAL ••! vole •�9 1'.1'111. (� '`•r O$ \\` M INDUSTRIAL ::•:::!:::::L _ _p .a„„„ tr ' \\ I INSTITUTIONAL ,' '8gHEi�Oi•m• I� ,• i",\,I.4,--,--., \`\ OS OPEN SPACE /:::: �c :111-militia 1111 , C ` HL HAZARD LAND A:•:•:•::::•:•:•:•***:::::::•***:::::::':':•:**;*:::g:E:i:iii:E:E:i*i*:::1:::E*i:i.:•i:1:::i:i*******i::IltiItta..:IIIIIII.Ill ml:r" >>\ ''' % s X11■ �,I�i I i..a., s,.itr m \,` WMD WATERFRONT MIXED USE 0'�•''� ■urger E1'11'k, \ DEVELOPMENT ,•.•:•s�i.:'s:::::::i?: e�''' NM ■ =111111. c, \\ / LAKE ERIE s�'�� �" =�= 11.1111711118111111 p- .'_ I r • \ NOTE: THIS SCHEDULE FORMS PART OF ET _ RMR 9 air'lle111� ` \\ AMENDMENT No. 2 TO THE OFFICIAL PLAN LW 1 IF��IIIIIIIIKIIII MIME& FOR THE VILLAGE OF PORT BURWELL AND MUST BE READ IN CONJUNCTION 1/ WITH THE WRITTEN TEXT. HL sr IIIIII�U1=1t�1ih111111,11111 fir .0in 111 q,11�ingu�1� meg, .,,,,, VILLAGE BOUNDARY MI \ LIMIT OF THE O$ ? RMR � � `\\\\\ PLANNING AREA ' ., I \\ o uo" too •oo \\ "cri.c um R \\\ SCALE rrtsu� w,a \\ o mo. sm coo \• \\ 1./ \` \ Ti\'IC ,1� 25 Milli,irniin197%/7 7iii7iiiii17.1", 7 ���` Concultin; MATCH UNE' Group Inc. THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting .....:. ... . '614"1 -6. ,197. Moved By, . ....... . - That leave be granted to introduce By-law if- Seconded By _---- ......../.2'.. L � . CII - 3 / J-- ✓9•-�U x d uI (-67 "6/- ./t4.1 c.Lib..f../.. .._ c/ >ec,..--11-- 6...e...(A-vv--e-te •/4---)-7-1.A.„1.1.ein-Lty./-- ' v o . C 2. 1, 1 and that By law presented herewith be read a first time. ( By-law read a -_ / _` t... time r • L' Oi U`4\C\ \3 1e L) IU00 41 Moved By E% - _ That By-law now read a first time be read a Seconded By dg II. second time with. ._-.-- •- "7 -- ---------- c il -... N.IC\,_.AtT) eee.)e By-law read a .........-.._ time No J17r Moved B - �- :ii:210.-1,":4-6),,,/ That By-law now read a second time be read Seconded Bya third time forthwith. By-law read a -_._ . ± Ume ,C).)41 V Q(i (4K0 F `) IkIDU a6/4 i Moved !!",-4-...— c---'_--------_.._.._-------- at By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By .. -. ._..._� .___._...__.._.._ sealed by the Reeve. A / / UY, 7 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution April 12, 1994 MOVED BY: • 1 '``A.'� SECONDED BY: . _ fr The Council of the Village of Port Burwell has recieved and reviewed the attached Modifications by the various government agencies to the Official Plan Amendment #2 in association with the ByLaw 91-31 and hereby accepts without condition the changes and revisions as attached. UNANIMOUSLY: /:A/ r/`.j/ • A. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to introduce more refined policies into the Official Plan to guide waterfront development in the Village of Port Burwell. B. LOCATION OF AMENDMENT This Amendment applies to lands along the waterfront, from Big Otter Creek on the west to Strachan Street on the east, Brock Street to the north, and includes all of one abutting waterlot and part of another abutting water lot extending into Lake Erie. The total area of waterfront development generally and approximately comprises 30 hectares and includes 4 hectares of existing mainland, and 26 hectares of land claimed from Lake Erie and conveyed from the Federal Government to the Village of Port Burwell. C. BASIS OF AMENDMENT The basis of this amendment is to facilitate waterfront development. Further detail is contained within the context of this report. 1. Development Concept The general development concept proposes the creation of an outer harbour marina, multi unit residential development and an entertainment/recreation complex. This development may also include a major convention hotel with ancillary facilities consisting of a convention hotel, theaters, recreation complex, spa, shops, an open “,r theatre. Existing marine facilities, beaches and natural resources combined with the proposed development will bring commercial and recreational fishing and marine facilities together into a single comprehensive project. Details of the major components are listed as follows: i. MARINA 360 Marine Berths 50 Visitor Marine Berths 12 Fishing Vessels (commercial) 10 Gas Bar Berths Major Restaurants Overnight Cabanas Administration Offices 1 I Snack S nack Bars, Shops Commercial Fishermen Offices ii. BEACH FACILITIES Water sports facilities Laundry and Grocery Store Beach Club and Day Facilities Bar, Lounge, Coffee Shop Change rooms, Lockers Showers Outdoor Theater Pavilion/Dance Stage, etc. Swimming Pools iii. CONVENTION HOTEL 250 Rooms 50 Penthouse Suites. Major Conference Room Facilities Indoor/Outdoor Pools Lounges, Bars, Restaurants Health Club and Spa iv). LOW RISE CONDOMINIUMS 120 The total project site comprises: Existing mainland 4.02 ha ( 9.9 acres) Reclaimed land from water lot 4.50 ha (11.1 acres) Marina/groyen area in Lake 14.73 ha (36.4 acres) Total Area 23.25 ha (57.4 acres) 2 The total building area is calculated to be approximately 1,000,000 sq. ft. on a gross site area of 57.4 acres, a floor area ratio of 2.5:1 is generated. If the marina site area is excluded, which normally should be for floor area ratio calculations, the floor area ratio is approximately 4: 1. 2. Projected Estimated Finished Project Cost (1991 dollars) Marina 8,300,000 Ancillary Facilities 10,000,000 Convention Hotel and Retail Facilities 35,000,000 Athletic Centre 8,000,000 Cinaplex Theaters 2,000,000 Garden Apartment Condominiums 12,000,000 Total Projected Cost 75,300,000 The rationale for this amendment is as follows: a) Historically The Village of Port Burwell is a maritime community which views its water front as a valuable natural resource. The municipality however, has not had local government funds in order to develop its water front into a commercially viable harbour. In 1988 a Federal Government Harbour Study was conducted, considering the potential construction of break walls or groyens. This project would involve a Village/private sector entrepreneurial partnership in an effort to develop a marina on the basis of the Federal Government funding for the construction of the break walls. By 1989, it seemed that die Federal Government was not prepared to build the break wall and in January of 1990 the municipality decided to advertise for proposals from private development companies to develop the outer marina and the waterfront. The municipality selected development company in May 1991. Based upon the request by the municipality to develop the water front privately, the Federal Government agreed to convey die water lots in the vicinity of the proposed development to die Village. b) Economically Based upon the proposal submitted by a developer, the Village would enjoy $75,300,000 worth of investment into a large scale capital project that would result in an economic boom 3 • for the community. The full economic impact would be measured at a subsequent stage in the overall development process. Population Based upon the proposed development the population is estimated to increase from the current 960, by approximately 1000, an increase of over 100 percent over a 10 year phased period. ii) Employment Employment opportunities would be available and steadily increasing from the initiation Of the construction of the project to operation and management of the convention hotel and marina facilities. Based upon preliminary economic impact reports, the project would generate 89 full time lobs, 30 part time jobs and 151 seasonal positions. iii) Taxes The property taxes of existing building will not be affected as the development is self-contained. however harmonious with the municipality. The Village tax base is now $200,000 and preliminary projected revenues from the waterfront project would be approximately$60,000 per year. Tied to increased Village revenue is $18,000 more in per capita unconditional provincial grants. Increased expenses are limited to solid waste management and increase in municipal staff. The estimated net return to the Village would be $51,000 as estimated by the Village of Port Burwell. It is predicted that over a 10 year period, once the project is operational, $3 million of extra funds would be generated from spin off effects of the development. These additional revenues would be devoted to general municipal infrastructure improvements. Economic impact studies will be necessary in developing accurate municipal, provincial and federal tax impact projections. iv) Housing Housing costs for the apartment condominiums would generally range from $90,000 to $120,000 per unit (1991 dollars) and would be considered second home and retirement investments. There would be some units priced above this range. 4 v) Esthetics and Design It is intended that even though the development will be very major it will not have a detrimental effect on the beauty of the local topography for the Village as a whole. It will provide a new"east" beach with proper in ground health facilities and be more protected from the weather effects of Lake Erie. vi) Public Access The development intends that the development maximize public access particularly to the new beach which wil be located east of the marina and marina facilities. vii) Community Support On August 22, 1991, Council held a public meeting to review a private proposal for the development of the lands inviting public input. A summary of the discussions are contained in Technical Appendix 2 indicating a generally a very high level of support or the project. A second public meeting was held on November 6, 1991 considering the Official Plan Amendment and approximately 30 people attended. The Minutes or a summary of same are attached a Technical Appendix 3. D. THE AMENDMENT The Official Plan of the Village of Port Burwell is amended as follows: 1. Schedule A, Land Use Designation of the Official Plan for the Village of Port Burwell is amended by illustrating the new Village boundary to clearly define the new limits of the planning area. This boundary adjustment affects two waterlots in Lake Erie. 2. The area indicated on the attached Schedule "A" of the Official Plan is hereby redesignated from "Future Development (Commercial and Multi-Family Residential)" and "Multi-Family Residential Harbour" to 'Waterfront Mixed Use Development". 3. Schedule "A" of the Official Plan is hereby amended by deleting "FD Future Development (Commercial and Multi-Family Residential)" from the Legend and replacing it with "WMD Waterfront Mixed Use Development". 4. Sub-section 3.11 (Future Development policies) of the Official Plan is hereby deleted in its 5 entirety and replaced by the following new sub-section 3.11: "3.11 Waterfront Mixed Use Development (WMD1: The following policies are set out to guide development of the waterfront and harbour area. 3.11.1 Permitted Uses In the Waterfront Mixed Use Development (WMD), high and medium density residential, hotel, convention facilities, retail, commercial, recreation, restaurant, office, marina and accessory uses may be permitted and set out in the Zoning By-law. 3.11.2 Location The area included in the designation includes the lands bounded by Brock Street to the north, approximately Strachan Street to the east, Lake Erie to the south and the existing pier and Big Otter Creek to the west. The area also includes all of one water lot and approximately half of a second water lot in Lake Erie. The total area of the waterfront development comprises of 30 hectares and includes 4 hectares of existing mainland and 26 hectares of land claimed from Lake Erie. The two water lots affected by this amendment were purchased by the Village from the federal Government. 3.11.3 Height The maximum height of any building or structure for the entire waterfront development project, except hotels, shall be six storeys. However, this maximum may not be acceptable in all instances and the following matters shall also be considered in more detailed planning and design: a) the maximum height of buildings and structures, except hotels, could relate to the top of slope elevations; b) the enhancement of the Village waterfront skyline; c) siting and massing of new buildings should avoid disrupting, or otherwise significantly reducing, existing views of the waterfront. Where such views are impacted, the development scheme will provide 6 appropriate landscape treatment, and provide for public access to alternative view points and vistas on the development site; d) other interests of the Village and the Long Point Region Conservation • Authority; and e) individual proposals for hotels, up to a minimum height of ten storeys, may be considered by Council upon submission of a detailed site plan. An appropriate amending zoning by-law may be approved only after a public meeting has been held to review the detailed site plan and zoning proposal. The detailed site plan shall include, but should not be limited to, elevations and detail plans showing all buildings and structures to be erected. 3.11.4 Further S tudies Preliminary technical analysis and public participation has been undertaken and is documented in Technical Appendices. Further study and analysis shall be completed to the satisfaction of the Village as follows: a) A socio-economic impact assessment, including recreation impacts on the Village; b) a traffic and transportation assessment for the Village and routes leading into the Village; c) a servicing feasibility study; and d) an examination of the effects of erosion on the shores of Lake Erie in consultation with the Long Point Region Conservation Authority. Approval Agencies Relevant agencies such as the Township of Bayham, Long Point Region Conservation Authority, Ministry of Environment and Energy, Ministry of Natural Resources, Ministry of Municipal Affairs and any other public or private agency or commission considered relevant, at the sole discretion of the Village, may be invited to review and comment on these studies. Prior to final zoning approval, the required studies shall demonstrate, to the satisfaction of the Village, that the proposed development is compatible with 7 surrounding land uses and will benefit the existing social, recreation and economic infrastructure of the Village. 3.11.5 Holding Zone Land designated Waterfront Mixed Use Development" (WMD) shall be subject to holding provisions as described in this Official Plan (Section 5.4). In addition to the requirements of Section 5.4, removal of the "h" symbol from the implementing zoning by-law shall not be approved until all studies required by the Village of Port Burwell, the Ministry of the Environment and Energy, and the Ministry of Natural Resources are completed to their satisfaction. Required studies shall include the following: an assessment of the impact of permitted uses on the capacity and location of the sewage treatment works and confirmation of the availability of uncommitted reserve capacity. an assessment of the impact of marina construction and associated lake filling on water supply intakes, sewage outfalls and other water uses. measures to he taken to ensure compliance with Provincial guidelines respecting the quality of fill for lakefilling; the protection and management of aquatic sediment quality; and sediment and water quality. an assessment of the impacts of the proposal on the floodplain, channel and Lake Erie and their associated impacts on fisheries; this shall include the following: i) an assessment of the existing fish and wildlife habitats and populations using those habitats; ii) an assessment of the anticipated effects of the development on the identified fish and wildlife resources and identification of those resources for which mitigative or protective measures will be needed; and iii) identification of the methods proposed to mitigate the anticipated effects of the development for the protection of the identified resources, during and after construction; mechanisms to be used to ensure compliance with mitigative requirements shall include site plan control (i.e. development agreements), and enforcement of provincial and 8 federal legislation by relevant authorities. an assessment of the coastal impacts of the proposal by a qualified coastal engineer, including a detailed assessment of the areas immediately east of the proposed marina and the quality of the"new" beach to be created. 3.11.6 Housing Form and Density Residential uses shall be permitted as follows: a) townhouses to a maximum net density of 35 units per hectare (14 units per acre). b) stacked townhouses to a maximum net density of 60 units per hectare (25 units per acre); c) apartments to a maximum density of 100 units per hectare (40 units per acre), and on the more detailed planning and design of development, occasional higher densities may occur to enhance housing choice and diversity. To achieve this, "bonusing" incentives may be included in the Zoning By-Law to permit a maximum density of 150 units per hectare (60 units per acre); d) accessory uses may also be permitted, including: marina and associated uses, including boat storage and repairs; parks; tourist commercial establishments; and parking areas. 3.11.7 Non-Residential Densities: Non-residential uses shall be permitted to a maximum density of 1.5:1 (FAR). Upon more detailed planning and design, occasional higher densities may be approved to enhance the marina project. To achieve this , Bonusing Incentives may be included in the Zoning By-Law to permit a maximum density of 2:1 (FAR). To clarify the intent of this policy, Floor Area Ratio (FAR) shall be calculated based on the Gross Floor Area divided by Lot Area. Gross Floor Area does not include area used for private garages, parking or boarding areas, whether in the main building or in accessory buildings. 9 3.11.8 Zoning Incentives Council may encourage the provision of increased amounts of public open space and parizlancl and the protection of views, through the use of bonus regulations in the Zoning By-Law, provided the development proposal responds to the following: a) public open space/parkland or cash-in-lieu in exess of 5% is dedicated to the municipality; b) maximum building heights allowed are limited to less than 6 storeys, with maximum bonusing awarded to developments of 3 storeys (i.e. 12 metres or less). Specific zoning regulations will be set out in the Zoning By-Law to allow densities to increase as follows: c) Residential Uses to a maximum density of 150 units per hectare; d) Total development to a maximum of 2:1 FAR. 3.11.9 Public Ownership: The waterfront is considered a very important element to the community at large. As such, Council puts considerable value in obtaining either ownership or public easements along Big Otter Creelz for public use. Further, Council recognizes and supports the continuation of the existing uses such as Commerical Fishing, Charter Boat Operators, Recreational Boating, Recreational Anglers, and the Public Boat Ramp, and therefore seeks their inclusion in waterfront development or development proposals. 3.11.10 Site Plan Control Lands subject to the Waterfront Mixed Use Development (WMD) designation shall be designated, under the provisions of Section 40 of the Planning Act, as a proposed Site Plan Control Area. Council may pass a by-law which requires site plans and/or drawings, as per Section 5.7 of the Official Plan. 3.11.11 Water Lots 10 • It is recognized that two water lots, as shown on Schedule "A" of this amendment, are affected by this amendment. These water lots are legally described in Reference Plan 11R-5137 and referred to as Part 1 and Part 2. This amendment is intended to apply to all of Part 1 and approximately the west half of Part 2. The Township of Bayham Official Plan did not apply to these water lots. Therefore, an amendment to the Township's Official Plan is not needed. This amendment is not intended to apply to the east half of Part 2. Therefore, that portion of Part 2 will continue without designation. 5. Sub-sections 5.5 to 5.19 inclusive are hereby renumbered as sub-sections 5.6 to 5.20. 6. Section 5 (Implementation and Administration) of the Official Plan is amended by adding the following new sub-section after sub-section 5.4: 5.5 Bonus Provisions 5.5.1 Principle Provisions of the Planning Act enable a municipality, through its Zoning By- Law, to permit density and height bonuses (i.e. allow higher densities than those normally allowed in a particular zone). These bonuses are awarded to proposed development in return for private assistance in achieving stated public objectives, such as the provision of facilities, services or other matters as may be set out in the Zoning By-law. This must result in a general benefit to the public and/or an enhancement of the development to the extent that a greater density or height is appropriate. 5.5.2 Objectives The waterfront is considered a very important element to the community at large. As such, Council hopes to obtain public ownership or easements along Big Otter Creek and the Lake Erie Shoreline for public use. Therefore, Bonus zoningwill be used to support Council's objective to obtainpublic ownership PP and/or public easements, along Big Otter Creek and the Lake Erie shoreline within the Waterfront Mixed Use Development designation (WMD). It is Council's intent to apply these provisions in the East Beach area for tourist- oriented development. 11 Thus, Bonus Zoning may be used to support one or more of the following objectives: a) To protect significant public view points and vistas of the lake front from the top of the bank and from the existing downtown area. b) To enhance new tourist oriented development proposals in the East Beach Area through the provision of additional landscaped open space and hidden or underground parking areas. c) To support the provision of, and improved access to, public open space, in addition to the parkland dedication requirements normally allowed by the Planning Act. Policies 5.5.3.1 Council may encourage the provision of increased amounts of public open space and parkland and the protection of views, and vistas, through the use of bonus regulations in the Zoning By-law, provided the development proposal responds to one or more of the following: a) public open space/parkland or cash in lieu in excess of 5% is dedicated to the municipality; b) the development provides additional landscaped open space and where existing views are disrupted by development, public access is available to alternate view points and vistas on the development site; c) maximum building heights are limited in accordance with specific policies in Section 3; d) the development is intended to principally cater to or support the tourism industry in Port Burwell. 5.5.3.2 Specific zoning regulations shall be set out in the Zoning By-law, to allow densities to increase, provided proposals satisfy one or more of the criteria in Section 5.5.3.1. 5.5.3.3 Specific zoning regulations shall be set out in the Zoning By-law to allow maximum heights to increase, provided proposals satisfy one or more of the criteria in Section 5.5.3.1. 5.5.3.4 Specific policies limiting bonuses that may be awarded are set out in Section 3 - 12 6 A LAND USE POLICIES, of this Official Plan. Implementation and Interpretation The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Village of Port Burwell Official Plan. 13 c ♦ AMENDMENT No. TO THE OFFICIAL MATCH LINE PLAN FOR THE VILLAGE OF C ki PORT BURWELL SCHEDULE a os os ��, LAND USE DESIGNATION ® LAKE ERE �� \\� VILLAGE OF PORT BURWELL ' —AREA AFFECTED BY THIS � OS `1 AMENDMENT - FROM"FUTURE SST IS.. DEVELOPMENT"AND "MULTI- R R \ FAMILY RESIDENTIAL HARBOUR'O' .00�o._, c. `\\\ TWATERFRONT MIXED USE DEVELOPMENT" = iIII , : llOS `\‘ LEGEND In IL R �; 1 C—1 �` s I AMP I ma nsi.®3 ® \‘‘‘‘ R RESIDENTIAL o I _m I l I i a I �7, - c \\\ RMF MULTI FAMILY RESIDENTIAL OS _ 1 RMFH 1' ^ I `� RMFH MULTI FAMILY RESIDENTIAL-HARBOUR ` R \\ RMR MOBILE HOME RESIDENTIAL �I H L �� • . .,,, vi . C ` \\\\ C COMMERCIAL F - / _ I I Imil n� m, ; Al INDUSTRIAL l / . . :v:::::::: _r_17`L MR MUNI , OS \ I INSTITUTIONAL _ mom +assrsu S. \ r' 4H iB� �,� 1f� Mum I sI��. s. \`\ OS OPEN SPACE 0::::::: :::::::::::::.::::::::::::•::•:::::::::•:::::::: :: /1 a+ C \\ HL HAZARD LAND r.: � iiH NEM ��1�. /�j �,\ /.; .w. s i _k .0001001111 "A 47:: WMD WATERFRONT MIXED USE •••••••••••••••••••• •••••.•.•••••.••••• s I DEVELOPMENT : • • : : • • • • : :•••••••••••••••••••••••• : ■ISE:`;' ■ I l� 11111 ♦ . .•. . . . . . . . . . . . . . . . . . . . II NM", F� 111111' T, / LAKE ERIE B "` 11111111' / Mg= �� ��� �3 � '� NOTE: THIS SCHEDULE FORMS PART OF / ► 111 \ ��` AMENDMENT No. 2 TO THE OFFICIAL PLAN RMR FOR THE VILLAGE Of PORT BURWELL or ww/rt AND MUST BE READ IN CONJUNCTION l \ MM. «i«�i�iu«ii�i���i�i«i��i�i� 'F ( � 1,111 I ��I I Is*,1� , WITH THE WRITTEN TEXT. cu( ewie HL it 11111■111 1OHIIII1OF1I!iiI"!/I11111111n ,.w'. VILLAGEcuz.cn. s.cR �� \IS LIMIT OF THE c `\\ PLANNING AREA iRMR \�, o,_ ,,, „o OS ,t� Jr l �� •RK wn o, R `\� scnLE` .,St..L WITS I o moa soo .XC.i s1 �, \\\ 1` \\ FMC h,1`,1CoIISIIII111} f t(% Cr01111 Inc. MATCH LINE I