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14-- PORT PERRY S1AR -- Wednesday, June 25, 1975 Legal Notice Legal Notice bl ESA RHA JOLY SY TA i) i SEW A Legal Notice Legal Notice NOTICE TO PROPERTY OWNERS WITHIN THE TOWNSHIP OF MARIPOSA NOTICE TO PROPERTY OWNERS WITHIN THE TOWNSHIPS OF BROCK, ELDON, FENELON, OPS, SCUGOG AND THE VILLAGE OF WOODVILLE NOTICE OF APPLICATION to the Ontario Municipal Board by the Corporation of the TOWNSHIP OF MARIPOSA for approval of a by-law to regulate lapd use passed pursuant to Section 35 of the Planning Act. TAKE NOTICE that the Council of the Corporation of the TOWNSHIP of MARIPOSA intends to apply to the Ontario Municipal Board pursuant to the provisions of Section 35 of the Planning Act for approval of By-law No. 75-12 passed on the 14th day of April 1975. A copy of the by-law is furnished herewith. ANY PERSON INTERESTED MAY, within fourteen (14) days after the date of this notice, send by registered mail or deliver to the clerk of the Township of Mariposa notice of his objection to approval of the said by-law, together with a statement of the grounds of such objection. ANY PERSON wishing to support the application for approval of the by-law may within fourteen (14) days after the date of this notice send by registered mail or deliver to the clerk of the Township of Mariposa notice of his support of approval of the said by-law together with a request for notice of any hearing that may be held giving also the name and address to which such notice should be given. The Ontario Municipal Board may approve of the said by-law but before doing so it may appoint a time and place when any objection to the by-law will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection or notice of support and who have left with or delivered to the clerk undersigned, the address to which notice of hearing is to be sent. THE LAST DATE FOR FILING OBJECTIONS WILL be JULY 10, 1975. DATED at the Township of Mariposa this 18th day of June, 1975. "John W. Doble, Clerk-Treasurer, Township of Mariposa, Box 70, Oakwood, Ontario. EXPLANATORY NOTE The purpose of this by-law is to establish controls on development in the Township of Mariposa. The by-law designates the entire Township agricultural with the exception of lots less than two acres in size which would be limited to single family uses and home occupations. Other uses would be non-conforming and permitted limited expansion. Lots smaller than that required in the by-law can be developed subject to all other provisions. THE CORPORATION OF THE TOWNSHIP OF MARIPOSA BY-LAW NO. 75-12 Being a By-law to regulate the use of land and the erection of Buildings and Structures in the Township of Mariposa. WHEREAS it is deemed desirable for adequate develop- ment within the defined area of the municipality of the Township of Mariposa to regulate the use of land and the gheracior, use and location of all buildings and structures thereon; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MARI- POSA, pursuant to Section 35 of The Planning Act, R.S.O. 1970 Chapter 349 as amended ENACTS AS FOLLOWS: SECTION 1 By-law 75-10 is hereby rescinded. ECTION 2 For purposes of this by-law the following definitions shall apply: ALTER means, any alteration in a bearing wall or partition column, beam, girder or other supporting member of a building or structure, or any increase in the area or cubic contents of a building or structure. FRONT LOT LINE means, except in the case of a corner lot, the line dividing the lot from the street; in the case of a corner lot the shorter boundary line abutting the street shall be deemed the front lot line and the longer boundary line abutting the street shall be deemed the side lot line. FRONT YARD means, a yard extending across the full width of a lot between the front lot line and nearest wall of any building or structure on the lot; and minimum front yard means the minimum depth of a front yard on a lot between the front lot line and the nearest wall of any building or structure on the lot. LOT FRONTAGE means, the horizontal distance between the side lot lines measured along the front lot line, but where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage is to be measured by a line thirty feet (30') back from and parallel to the chord of the lot frontage, and for the purpose of this paragraph the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line. SECTION 3 Except as provided for elsewhere in this by-law no person shall use any land in the Township of Mariposa except for an agriculturaluse and any use subordinate and naturally, customarily and normally incidential to and exclusively 4 devoted to an agricultural use and one residence associated with that use. Any new parcels created after the assage of this by-law for agricultural purposes shall not be less than 50 acres in size and shall comply with the following: i) Frontage 600 feet minimum on public road. ii) Side and rear fords 25 feet minimum except where a farm iing abutts a neighbouring residential use, all buildings will be set back a minimum distance of 100 feet. SECTION 4 The provisions of this Section whall apply to all lots less than two (2) acres in size which are located in a registered plan of subdivision or which are, or may hereafter be held in separate ownership from adjoining parcels. a) No person shall hereafter change the use of any building, structure or land or erect or use any building or structure in any of the lands defined in this Section except for the following uses: i) single family detached dwelling, ii) home occupation inaccordance with Section 4(c), iii) accessory use in accordance with Section 4 (e) and 4(g) and which may include: (1) a detached building or structure that is not used for human habitation but the use of which is naturally and normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot therewith, and, (2) a detached private garage or a detached carport. b) For purposes of this by-law a single family detached dwelling means a completely detached dwelling unit designed or intended to be used by one or more individuals as an independent and separate house- keeping establishment containing only one kitchen and may include customary accessories, such as a private garage. ~ ¢) Nothing in this section shall prevent the occupant of a single family detached dwelling from conducting any domestic household act not affecting the character or appearance of the neighbourhood, or prevent a professional office by the occupant, provided, how- ever, that such uses do not: i) change the external character of the dwelling unit - as a private residence, ii) detract from the character or appearance of the neighbourhood, iii) occupy more than 25 per cent of the gross floor area of the dwelling, exclusive of any garage, iv) display any goods or advertising other than a name plate not exceeding an area of one square foot. ) d ~-- No dwelling shall have a living area of less than 1,000 square feet. : ~ e) Any dwelling and accessory building combined shall not occupy more than thirty-three (33) per cent of the area of lot or parcel upon which it, or they, are situated. f) No more than one single family detached dwelling shall be erected or placed on a single lot or parcel. g) Accessory buildings shall not exceed fifteen (15) feet in height above grade and shall not occupy more than eight (8) per cent of the lot or parcel upon which said building is situated and shall not be located in a front yard or within ten (10) feet of a side lot line or rear lot ine. h ~ Nothing in this Section shall prevent the use of any land within the defined area for a public or community park. 1) No new huilding or addition to any existing building shall be erected and no land shall be severed from an existing lot or parcel, if the effect of such change, erection or severance is to result in any contravention to this by-law. The use of any land defined in this Section for trailer i) camps is prohibited. k) No person shall hereafter-erect or alter any building within the areas defined in this Section except in conformity with the following requirements: i) Minimum Lot Frontage 100 feet ii) Minimum Lot Area 22,000 sq. ft. 1) Minimum Yards: Front Yard 63 feet from centre line of road right-of-way Side Yard . 10 feet Rear Yard 25 feet iv) Maximum Height 35 feet Note: The minimum side yard requirement adjacent to a public street shall be 20 feet. 1) Notwithstanding Section 4(a), seasonal private dwell- ings may be erected on lots within a registered plan of subdivision which is used or is intended to be used exclusively for seasonal private dwellings. Such dwellings and accessory buildings shall comply with all other provisions of this by-law, except that a boat house may be erected at water's edge. SECTION 5 Nothing in this by-law shall prevent the use of land or the use or erection of a building or structure for the purpose of public service by the Township of Mariposa or the County of Victoria, provided that it is in conformity with the general character of the area. SECTION 6 . Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure, or part of any such building or structure which existed at the time of passing of this by-law. SECTION 7 . Nothing in this by-law shall prevent the continued use of any building or land which, on the date of passage of this by-law, is used for a purpose prohibited by this by-law. Renovation, repair or-enlargement of any such building may be permitted for the continuance of the said use provided such does not exceed twenty-five (25) per cent of the area of said use as it existed at the time of passage of this by-law. SECTION 8 Nothing in this By-law shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this by-law. SECTION 9 . . Notwithstanding the provisions of this by-law a lot held in separate ownership from adjoining parcels on the date of passage of this by-law or lots that are or may be hereafter included in a registered plan of subdivision having less than the minimum frontage and-or area required by this by-law, may be used for a purpose permitted by this by-law provided that all other applicable provisions of this by-law are complied with a septic tank permit is available to said lot. SECTION 10 Notwithstanding the provisions of this by-law where a building has been erected prior to the date of passage of this by-law on a lot having less than the minimum frontage and-or area required by this by-law the said building may be enlarged provided that all other applicable provisions of this by-law are complied with. SECTION 11 Notwithstanding any other provisions of this by-law no building or structure shall be erected closer than 100 feet from the centre line of a County Road or 120 feet from the "centre line of a Provincial Highway. SECTION 12 Notwithstanding the provisions of this by-law where a. building has been erected prior to the date of passage of this by-law having less than the minimum set-back and-or side or rear yard required by the by-law, the said building may be enlarged provided that: i) the enlargement is not located at a distance from the street line and-or at a distance from a side lot line or a rear lot line which is less than the minimum respectively required by this by-law, and, ii) All other applicable provisions of this by-law are complied with. SECTION 13 All by-laws in force within the Township of Mariposa prohibiting or regulating the use of land or buildings or structures are hereby amended insofar asit is necessary to give effect to the provisions of this by-law and the -provisions of this by-law shall govern, provided however, where this by-law does not apply, existing Township by-laws shall remain in full force and effect. SECTION 14 OFFENCES a) Every person, persons or company who contravenes any of the provisions of this By-law is guilty of an offence and on summary conviction is liable to a fine of not more than One Thousand Dollars ($1,000.00) exclusive of costs, and in default of payment of such fineis liable toimprisonment for a term not exceeding twenty-one (21) days. b) Each day that person, persons or company contra- venes any provisions of this By-law shall constitute a separate offence. ¢) Every such fine imposed is recoverable under the Summary Convictions Act of Ontario. d) The Municipal Council may direct by Resolution that any such person, persons or company violating the provisions of the By-law shall demolish and remove or correct any work as directed by the Council, at his, their of its own expense, so that he, they or it is in compliance with the provisions of this By-law. In the event that the Owner had not complied with the Resolution of the Council, Council may have such work carried out, and charge the cost of such work to the Owner, and add such costs as taxes against the land. SECTION 15 JUDICIAL INTERPRETATION If any section, clause or provision of this By-law is for any reason declared by the Court of competent jurisdiction to be invalid, the same shall not effect the validity of this By-law as a whole, or any part thereof other than the Section, clause or provision so declared to be invalid, and it is hereby declared tobe the intention that all the remaining Sections, clauses or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one 02 mary provisions thereof shall have heen declared invalid. SECTION 16 EFFECTIVE DATE This By-law shall take effect from the date of its passing by Council, and shall come into force upon approval by the Ontario Municipal Board. BY-LAW read a first and second time this 14th day of APRIL, 1975. BY-LAW read a third time and finally passed this 14th day of APRIL, 1975. The CORPORATION of the TOWNSHIP OF MARIPOSA Jackson Parliament, Reeve John W. Doble, Clerk. NSIT VIN. Gr i Ma NL A a ------ Ca TAT me repr 3 3 + | 2]