PAGE 12, WEDNESDAY, MAY 17.1978, WHITBY FREE PRESS NOTICE TO RESIDENTS 0F THE TOWN OF WHITBY NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD by The Corporation of the Town of Whitby 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 Corporation of The Town of Whitby 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. 689-78 passed on the 24th day of April, A.D., 1978. A copy of the By-law is furnished 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 twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk-Administrator of The Town of Whitby notice of objection to approval of the said By-law or any part thereof and shall indicate that if a hearing is held the objector or an agent will attend at the hearing to state the objection. ANY PERSON wishing to support the application for approval of the By-law may within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk-Administrator of the Town of Whitby notice of his support or 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 a notice of support and who have left with or deliverd to the Clerk-Administrator-uildersigned the address to which notice of hearing is to be sent. The last date for filing objections will be the 7th day of June, 1978. Dated at the Town of Whitby this 17th day of May, A.D., 1978. Wm. H. Wallace, A.M.C.T., C.M.C., CLERK-ADMINISTRATOR, 575 Rossland Road East, Whitby, Ontario LlN 2M8 THE CORPORATION OF THE TOWN OF WHITBY BY-LAW NO. 689-78 BEING A BY-LAW TO AMEND BY-LAW NO. 2585. WHEREAS, the Municipal Council of the Corporation of the Town of Whitby deems it advisable to amend By-law No. 2585. NOW, THEREFORE, BE IT ENACTED, AND IT IS HEREBY ENACTED as a By-law of the Corporation of the Town of Whitby by the Council thereof as follows:- (1) That Section 5, subsection (1), subparagraph (a) of By-law 2585 is hereby amended by adding at the end thereof the following additional zones, namely:- Automobile Service Zonés (AS Zones) AS Automobile Service Station AS-CW Automobile Service Station including a Car Wash Gas Bar Zones (GB Zones) GB Gasoline Bar GB-CW Gasoline Bar including a Car Wash Car Wash Zone (CW Zones) CW Car Wash (2) That By-law 2585 is hereby further amended by adding an additional Section, namely Section 17A as follows: 17A Automobile Service Station Zones (AS and AS-CW) (1) Uses Permitted No person shall within any AS Zone as hereinafter designated, use any lot or erect, alter or use any building or structure for any purpose except as follows, namnely:- AS Zone Automobile Service Station AS-CW Zone Automobile Service Station including a Car Wash (2) Zone Provisions No person shall within any AS Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Lot Frontage Minimum - interior lot - AS 120 feet - AS-CW1SO feet Minimum - corner lot - AS 150 feet - AS-CW175 feet (b) Lot Depth Minimum - interior lot - AS 120 feet - AS-CW 175 feet Minimum - corner lot -As 150 feet - AS-CW 175 feet (c) Lot Coverage Maximum, 30% of lot area (d) Front Yard Minimum (e) Exterior Side Yard Minimum (t) Interior Side Yard 50 feet 50 feet Minimum - AS 20 feet - AS-CW 35 feet provided that where the interior side in an AS-CW zone is used as a point of ingress to or egress from the car wash the minimum shall be 50 feet (g) Rear Yard Minimum - AS 20 feet AS-CW 35 feet provided that where the rear yard in an AS-CW Zone is used as a point to ingress to or egress from the car wash the minimum shall be 50 feet (h) Landscaped Open Space Minimum 15% of lot area (i) Height of Building Maximum 30 feet (3) That By-law 2585 is hereby further amended by adding the additional Section, namely Section 17B as follows: 17B Gasoline Bar Zones (GB and GB-CW) (1) Uses Permitted No person shall within any GB Zone,. as hereinafter designated, use any lot or erect, alter or use any building or structure for any purpose except as follows, namely: GB Zone Gasoline Bar GB-CW Zone Gasoline Bar including a Car Wash (2) Zone Provisions No person shall within any GB Zone use any lot or erect, alter or use' any building or- structure for any purpose except in accord- ance with the following provisions: (a) Lot Frontage Minimum - interior lot. Minimum - corner lot (b) Lot Depth Minimum - interior lot - GB - GB-CW Minimum - corner lot - GB - GB-CW (c) Lot Coverage Maximum (d) Front Yard Minimum (e) Exterior Side Yard Minimum (f) Intchor Side Yârd 120 feet 150 feet 120 feet 175 feet 150 feet 175 feet 30% of lot area 50 feet 50 feet Minimum - GB 20 feet - GB-CW 35 feet provided that where the interior side yard in as GB-CW Zone is used as a point of ingress to or egress from the car wash, the minimum shall be 50 feet (g) Rear Yard Minimum - GB 20 feet - GB-CW 35 feet provided that where the rear yard in a GB.CW Zone is used as a point of ingress o or egress from the car wash, the minimum shall be 50 feet (h) Landscaped Open Space Minimumn 15% of lot area (i leght of Building laximumn ,- 30 feet (4) That By-law 2585 is hereby further amended by adding an additional Section, namely Section 17C as follows: 17C Car Wash Zone (CW) (1) Uses Permitted No person shall within any CW Zone use any lot or erect, alter or use any building or structure for any purpose except for the following use, namely: CW Zone Car Wash (2) Zone Provisions No person shal within a CW Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Lot Frontage Minimum - interior lot 120 feet Minimum - corner lot 150 feet (b) Lot Depth Minimum - interior lot 175 feet Minimum - corner lot 200 feet (c) Lot Coverage Maximum 30% of lot area (d) Front Yard Minimum 50 feet (c) Exterior Side Yard Minimum 50 feet (f) Interior Side Yard Minimum 35 feet provided that where the yard is used as a point of ingress to or egress from the car wash, the minimum shall be 50 feet (g) Rear Yard Minimum 35 feet provided that where the yard is used as a point of ingress to or egress from the car wash. the minimum shall be 50 feet th) Landscaped Open Space Minimum 15% of lot area (1) Height of Building Maximum 30 fet (5) That By-law 2585 is hereby further amended by adding an additional Section, namely 17D as follows: 17D In applying the aforementioned zone provisions in AS,GB and CW Zones, the following general provisions shall apply. (1) Canopy Location Notwithstanding any other provisions of this By-law to the contrary, a protective canopy may be located in any yard provided that the minimum distance between any portion of the canopy and any lot line shall be 20 feet. (2) Pump Island Location Notwithstanding any other provisions of this By-law to the contrary a pump island may be located in any yard in accordance with the following provisions: (a) the minimum distance between the face of the pump island and any lot line shall be 20 feet. (b) where the lot is a corner lot, no portion of any pump island shall be located closer than 10 feet to a straight line between a point in the front lot line, and a point in the exterior lot line, each such point being 50 feet from the interesection of the street lines. (3) Parking Notwithstanding any other provisions of this By-law to the contrary, the following parking area requirements shall apply. (a) in the case of an automobile service station, two spaces per station plus three spaces per bay; (b) in the case of an automobile service station which' includes a car wash, four spaces per station plus three spaces per bay; (c) in the case of a gasoline bar, two spaces per station; (d) in the case of a gasoline bar which includes a car wash, five parking spaces per station; (e) no parking area shall be~located closer than 10 feet to any street line; and (f) each parking space shall be clearly defined. - (4) Planting Strips Notwithstanding any provisions of this by-law to the contrary, planting strips shall be in accordance with the following provisions: (a) the minimum width of a planting strip shall be 10 feet; (b) planting strips shall belocated adjacent to ail lot lines except in those areas used as driveways; (c) planting strips shall consist of a row of trees or a continuous unpierced hedge- row or shrubs with the remainder of the planting strip treated with shrubs, flowers, sod, wood chips or other suitable landscape material; and (d) where the lot is abutting a residential or institutional.zone, a decorative wall or fence having a maximum height of 6 feet and a minimum height of 3 feet shall be provided and maintained along the interior side lot line and the rear lot line except that where the wall or fence is located along the side lot line of the front yard of any adjoining lot the maximum height shall be 3 feet. For the purpose of interpretation, the planting strip shall be considered to form part of the landscaped open space. (5) Driveways Notwithstanding any other provisions of this by-law to the contrary the following provisions ,shaî11 apply to driveways. (a)~ the maximum width of the driveway measured along the property line shall be 35 feet; (b) the minimum distance between the closest points of adjacent driveways measured along the property line shall be 30 feet; (c) the minimum distance between an inter- section and the closest point of a driveway measured along the property line shall be 50 feet; (d) the minimum distance between an interior side or rear lot line and the closest point of an adjacent driveway measured along the property line shall be 10 feet; and (e) the minimum interior angle formed between the street line and the centre• line of any driveway shall be 70 degrees. (6) Location of Kiosk Notwithstanding any other yard provisions of this By-law to the contrary, a kiosk may be located within any yard provided that the minimum distance between the kiosk and any lot Uine shail be 35 feet. (7) Car Wash - Automobile Storage Areas Every car wash whether separate and distinct or in conjunction with an Automobile Service Station or a Gasoline Bar shall provide waiting lines for the storage of vehicles in accordance with the following provisions: (a) for a manual car wash, a waiting lne of a minimum of 3 spaces per bay shal be provided atthe place of ingre.. to each Io