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Penetanguishene Citizen (1975-1988), 14 Dec 1977, p. 25

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VILLAGE OF Port McNICOLL ONTARIO NOTICE OF APPLICATION to The Ontario Municipal Board by The Corporation of the Village of Port McNicoll for approval of a by- law to regulate land use passed pursuant to Section 35 of The Planning Act. TAKE NOTICE that the Council of the Cor- poration of the Village of Port McNicoll intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 35 of The Planning Act for approval of by-law number 605 passed on the ninth "day of August, 1977. A copy of the by-law is fur- nished herewith. A note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also 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 Corporation of the Village of Port McNicoll notice of his objection to approval of the said by-law, together with a statement of the groundsof 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 delivery to the clerk of the Corporation of . the Village of Port McNicoll 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 ap- prove 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, un- dersigned, the address to which notice of hearing is to be sent. THE LAST DATE FOR FILING OBJECTIONS will be December 30, 1977. DATED at the Village of Port McNicoll this 7th day of December, 1977. Alexander Hancox, Clerk, Village of Port McNicoll, Third Street, P.O. Box 160, Port McNicoll, Ontario. THE CORPORATION OF THE VILLAGE OF PORT McNICOLL BY-LAW NUMBER 605 Being a By-Law to amend By-Law 533 WHEREAS THE COUNCIL of the Corporation of the Village of Port McNicoll deems it desirable to amend the provisions of By-Law 533 pursuant to the provisions of the Planning Act, R.S.O. 1970, Chapter 349, Section 35. NOW THEREFORE the Council of the Cor- poration of the Village of Port McNicoll enacts as follows: -- A: TEXT AMENDMENTS 1. THAT SECTION 2.10.1 be and the same is hereby deleted in its entirety. 2. THAT SECTION 3.1.1 be and the same is hereby amended by deleting the word 'Seasonal' and inserting therefore the words "Third Density' and a new zone "Environmental Protection Zone" (EP) so that the section shall now read as follows: 3.1.1 The provisions of this By-law shall apply to all lands within the limits of the Corporation of the Village of Port McNicoll which lands are divided _ into the following zones and their extent and location and boundaries are shown on the zoning Map which forms Schedule "A" of this By-law. ZONE SYMBOL First Density Residential Zone R1 Second Density Residential Zone R2 Third Density Residential Zone R3 General Commercial Zone Ci General Industrial Zone Mi Open Space Zone Os Public Service Zone PS Exemptions (E) Environmental Protection Zone EP 3. THAT SECTION 5.10.1 be and the same is hereby amended by deleting the words 'Seasonal dwelling 1 space' so that the Section shall now read as follows: 5.10.1. The owner or occupant of every building or structure shall provide and maintain motor vehicle Parking spaces and areas on the same lot or within three hundred (300) feet as follows: Type of use Minimum Parking requirements Single family detached dwelling 1 space Apartment house dwelling | 1 space per dwelling unit plus 1 space for 4 units visitor parking Residential, other 1 space per dwelling unit Hotel 1 space per guest room plus 1 space for every 3 persons permitted in the lounge and/or restaurant Motel 1 space per unit plus 1 space for every 3 persons permitted in the lounge and/or restaurant Theatre 1 space per 6 seats Assembly Hall and Educational Institution 1 space for every six seats or 1 space per 300 square feet, whichever is the greatest Church s 1 space per 10 seats Undertaking Establishment 1 space per 10 seats "/ Hospital 1 space per 4 beds and 1 space for each 4 employees _ Retail store and service shop 1 space per 300 square feet of floor space and in no instance shall there be less than two parking spaces Restaurant 2 1 space per-6 seats Office building 1 space per 300 square feet of floor space and in no instance shall there be less than two parking spaces NOTICE OF APPLICATION BY THE CORPORATION Commercial buildingjother than listed in this table 1 space per 300 square feet of floor space and in no instance shall there be less than two Parking spaces Industrial building 1 space per 300 Square feet of floor space and in.no instance shall there be less than two parking spaces. Medical, dental, drugless practitioners, clinics 2 spaces per doctor 4. THAT SECTIONS erroneously numbered 4.21, 4.22 and 4.22.1 be numbered 5.21, 5.22 and 5.22.1 respectively. 5. THAT SECTION 5.21 be and the same is hereby amended by deleting therefrom the words 'one seasonal dwelling" so that the section shall now read as follows: 5.21. USE OF RESIDENTIAL LOTS No person shall erect more than one single-family detached dwelling, or one semi-detached dwelling on any lot in any R Zone. 6. THAT SECTION 8 be and the same is hereby deleted and the following inserted therefore: SECTION 8 - THIRD DENSITY RESIDENTIAL (R3) ZONE 8.1 No person shall hereafter use any land or erect or use any building or structure in any Third Density Residential (R3) Zone except in accordance with the following provisions: 8.1.1 MUNICIPAL SERVICE No person shall erect or use any building or structure on any lot in a Third Density Residential (R3) Zone unless such lot is serviced by a municipal piped water supply, and sanitary sewer system. 8.2 USES PERMITTED 8.2.1 Residential a single family detached dwelling 8.2.2 Institutional a church a community centre a public library a school 8.2.3 Home Occupation an office located in the single family detached dwelling used by such person as his private residence provided: (i) such office in the case of physician, dentist, or drugless practitioner shall be used for consultation and emergency treatment only and not as a clinic or hospital. (ii) in the case of a veterinarian there shall be no boarding of animals, (iii) such office shall not be used for retail sales Purposes, (iv) the floor area for such use shall.be in addition to the minimum floor area requirements of a Third Density Residential (R3) Zone, but shall not exceed twenty-five (25) percent of the total floor area of the building. 8.3 RESIDENTIAL Single-Family Detached Dwelling (i) Minimum Lot Frontage Sanitary Sewers and Water Supply available 50 ft. (ii) Minimum Lot Area Sanitary Sewers and Water Supply available Sey (Fre 7,500 (iii) Maximum Lot Coverage (iv) Minimum Yard Requirements Front Yard i Interior Side Yard 14 ff. on one side and 6 ft. on the other plus 2 ft. for each additional or partial storey above the first provided however, that where a garage or carport is attached or is within the main building or the lot is.a corner lot, the width of the interior side yard(s) shall be 4 ft. plus 2 ft. for each additional or partial storey above the first. 30 percent 25 ft. Exterior Side Yard Rear Yard 25 ft. 25 ft. (v) Minimum Ground Floor Area Requirements: 1 storey 900 sq. ft. la storey 700 sq. ft. 2storey 600 sq. ft. (vi) Minimum Landscaped Open Sapce 30 percent of LOT AREA (viii) Maximum Building Height 35 feet 8.3.1 Existing Lots Nothing in section 8.3 shall prevent the erection of a single-family detached dwelling on a lot in any Residential (R3) Zone provided that such lot was under separate ownership prior to the date of passing of this by-law and the owner of such existing lot does not own any abutting land and provided further that the following requirements are com- plied with: Lot Frontage minimum 50 feet Lot Area minimum 5000 sq. ft. Front Yard minimum 15 feet Rear Yard minimum 15 feet Side Yard minimum 4 feet Floor Area minimum 900 sq. ft. Lot Coverage 8.3.2 INSTITUTIONAL maximum 30 percent (i) Maximum Lot Coverage 30 percent (ii) Minimum Yard Requirements Front Yard 25 ft. Interior Side Yard Height of building or 25 ft. whichever is the greater Exterior Side Yard 25 ft. Rear Yard ' 25 ft. (iii) Minimum Landscaped Open Space 15 percent of lot area. (iv) Maximum Height of Building 40 ft. 8.4 parking Parking spaces shall be provided in accordance with the provision of Section 5.10 7. THAT a new section 12A be added as follows: PASSED THE _9 DAY OF AUGUST 1977 Section Zone. 12A.1 No person shall hereafter use any land or erect or use any building or structure in an En- vironmental Protection (EP) Zone except in ac- cordance with the following provisions: 12A.2. USES PERMITTED a) Residential Accessory "Residential Accessory', uses, buildings and structures normally incidental and accessory to a single family dwelling unit located on the same property and in a zone external to the En- vironmental Protection (EP) Zone, shall be per- mitted and such uses may include a private garage, boathouses and docking facilities. 12A--Environmental Protection (EP) b) Environmental Buildings or structures necessary for flood or erosion control purposes and in accordance with the regulations and approval of the Ministry of Natural Resources. c) Agricultural Agricultural uses of a non-intensive nature which do not require any building, accessory buildings, machinery or disturbance of the soil, such as pasture operations, shall be permitted. " d) Forestry and Outdoor Recreation Forestry and outdoor recreation uses such as reforestation projects, natural forest, playgrounds, natural skating rinks, (golf courses) and athletic fields shall be permitted and may include buildings incidental and accessory to such use. B. SCHEDULE "A" AMENDMENTS 1, THAT SCHEDULE "'A" of By-Law 533 be and the same is hereby amended as shown on Schedule "AY attached hereto. C. THAT BY-LAW 533 be and the same is hereby amended only to the extent necessary to give effect to the provisions of this By-law. D. NO PART of this by-law shall come into force without the approval of the Ontario Municipal Board but subject to such approval this by-law shall take effect from the date of passing thereof. READ A FIRST AND SECOND TIME this 9th day of August, 1977. Robin Talbot Reeve Alexander J. Hancox Clerk THE CORPORATION OF JHE VILLAGE OF PORT McNICOLL SCHEDULE "A" TO BY=EAW:, 6052 > j i 'f ----S READ A THIRD TIME AND FINALLY PASSED THIS 9th day of August, 1977. . Robert Talbot Reeve Alexander J. Hancox Clerk Date of ONTARIO MUNICIPAL BOARD AP- PROVAL EXPLANATORY NOTE BY-LAW NO. 605 By-law number 605 is a by-law of the Corporation of the Village of Port McNicoll to amend by-law number 533 of the Village of Port McNicoll being the zoning by-law for the Village. By-law number 533 provided that the Paradise Point portion of the Village was to be zoned to permit seasonal residential use. The amending by-law number 605 provides that the seasonal residential use category is done away with and the Paradise Point area is to be zoned third density residential (R3) which has no seasonal requirement or restriction. The third density residential zone provisions are detailed and reference should be made to by-law number 605, but generally speaking the by-law provides that no person shall use or erect any building or structure in a third density residential zone unless the lot is serviced by municipal piped water and sanitary sewer system. The uses are restricted to residential single family detached dwellings and institutional uses such as churches, community centres, public libraries and schools, in certain circumstances an office can be located in a single family detached dwelling for use by physicians, dentists and similar uses. The by-law further provides for minimum lot frontage sizes, minimum lot area sizes, maximum lot coverage and minimum front, side and rear yard areas. By-law number 605 further provides for the creation of an environmental protection zone which zone is located generally from Paradise Point southerly along the shore of Georgian Bay to the commercial harbour. Persons are prohibited within this zone from using any land or erecting or using any building or structure, except for buildings normally accessory to a residence located on the same property and in a zone external to the en- vironmental protection zone, and except for buildings and structures necessary for flood or erosion control purposes and also except for agricultural uses of a non-intensive nature which do not require any building or disturbance of the soil such as pasture operations and forestry and outdoor recreation uses. e a e a Signea: Robin Talbot REEVE Signed: Alexander J. Hanco CLERK ¢ GFy 70 'ENVIRONMENTAL PROTECTION' ZONE~~' EP! Ea TO 'THIRD DENSITY RESIDENTIAL' ZONE-.-'R3' sesetcees: iy . S ~ J (peed) peeee | 4 1 q a ---------- L J aaa == A 2 eee eeleel PMOL vin mat £06830 ye CO a rinst Vie Cc a Sl Ces» $ Coa is Coma CC) os CO ps TY RESIDENTIAL SECOND DEMBSITY RESIDENTIAL THIRD DENSITY RESIDENTIAL - GENERAL COMMERCIAL GEWERAL IMDUBTAIAL OPEN Brace PUBLIC SERVICE ZONE EXEMPTIONS bo. cous OF THE VILLAGE OF PORT McNICOLL THE CORPORATION OF THE VILLAGE OF PORT McNICOLL BY-LAW NUMBER 609 Being a By-Law to amend By-Law 533 NOTICE OF APPLICATION to The Ontario Municipal Board by The Corporation of the Village of Port McNicoll for approval of a by- law to regulate land use passed pursuant to Section 35 of The Planning Act. TAKE NOTICE that the Council of the Cor- poration of the Village of Port McNicol! intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 35 of The Planning Act for approval of by-law number 609 passed on the fourth day of October, 1977. A copy of the by-law is fur- nished herewith. A note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also 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 Corporation of the Village of Port McNicoll 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 Corporation of the Village of Port McNicol! 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 ap- prove 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 tod the clerk, un- dersigned, the address to which notice of hearing is to be sent. THE LAST DATE FOR FILING OBJECTIONS will be December 30, 1977. Dated at the Village of Port McNicoll this 7th day of December, 1977. Alexander Hancox, Cler, Village of Port McNicoll, Third Street, P.O. Box 160, Port McNicoll, Ontario. WHEREAS THE COUNCIL of the Corporation of the Village of Port McNicoll deems it desirable to amend the provisions of By-Law 533 pursuant to the provisions of the Planning Act, R.S.O. 1970, Chapter 349, Section 35. AND WHEREAS the Ontario Municipal Board, in the decision deal ing with approval of By -Law 533 directed that the following amendments should occur, as a condition to its approval. NOW THEREFORE .theCouncil..of the Cor- poration of the Village of Port McNicol! enacts as follows: - 1. That By-Law 533 be amended as follows:- A. THAT SECTIONS 5.7, 5.10.2, 5.17 and 11.3 be and the same are hereby deleted. B. THAT SECTION 10 be and the same is hereby amended by adding thereto new subsection 10.1.1 as follows: "10.1.1 MUNICIPAL SERVICES No person shall erect or use any building or structure on any lot in a General Industrial (M1) Zone unless such lot is serviced by a municipal piped water supply and sanitary sewer system." C. THAT SECTION 11 be and the same Is hereby amended by adding thereto new sub-section 11.1.1 as follows: "11.1.1 MUNICIPAL SERVICES No person shall erect or use any building or structure on any lot in a Public Service (PS) Zone unless such lot is serviced by a municipal piped water supply and sanitary sewer system." D. THAT SECTION 12 be and the same is hereby amended by adding thereto new sub-section 12.1.1 as follows: "72.1.1 MUNICIPAL SERVICES No person shall erect or use any building or structure on any lot in an OPEN Space (OS) Zone unless such lot is serviced by a municipal piped water supply and sanitary sewer system." 2. THAT BY-LAW 533 be and the same is hereby amended only to the extent necessary to give effect to the provisions of this By-Law. 3. NO PART of this By-Law shall come into force without the approval of the Ontario Municipal Board but subject to such approval this By-Law shall take effect from the date of passing thereof. By-Law read a first and second time this 4th day of October, 1977 Robin Talbot Reeve Alexander J. Hancox Clerk By-Law reada third time and finally passed this 4th day of October 1977. Robin Talbot Reeve Alexander J. Hancox Clerk EXPLANATORY NOTE BY-LAW NO. 609 By-law number 609 is a by-law of the Corporation of the Village of Port McNicoll to amend by-law number 533 of the Village of Port McNicol! being the zoning by-law for the Village. By-law number 609 provides that paragraph 5.7 of by-law number 533 be leted which was a provision requiring site plans to be filed before erecting more than one main building on any lot, and for the deletion ot paragraph 5.10.2 which was a provision for the surfacing of parking lots, and for the deletion of Paragraph 5.17 which provided a prohibition for the use of the land, buildings and structures for the manufacture or storage or use In manufacturing of combustible products without the consent of the Committee of Adjustment or Planning Board, and for the deletion of paragraph number 11.3 which Provided for the filing of site plans to the satisfaction of the Council before the issuance of any building or occupancy permit. By-law number 609 also provides that the zoning by-law number 533 is further amended by providing that no person shall erect or use any building in a general industrial zone or in a public service zone or an open space zone unless the lot is serviced by a municipal piped water supply and sanitary sewer system. The amending by-law number 609 will have application to the whole of the Corporation of the Village of Port McNicoll. Wednesday, December 14, 1977, Page 25 r i

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