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Clearview Zoning By-law
Interpretation & Administration
1.0 INTERPRETATION & ADMINISTRATION
1.1
TITLE
This By-law shall be known as the "Township of Clearview Comprehensive
Zoning By-law" also referred to herein as the "Zoning By-law", or "this By-
law".
1.2
BY-LAWS REPEALED
From the date of the coming into force of this By-law, the former Town of
Creemore Zoning By-law 751, the former Township of Nottawasaga Zoning
By-laws 16-87 and 10-93, the former Town of Stayner Zoning By-law 11195
and the former Township of Sunnidale Zoning By-laws 1222 and 1553, and all
previous By-laws passed under Section 34 if the Planning Act, R.S.O. 1990, c.
P.13, as amended, or any predecessors thereof, are hereby repealed in their
entirety, including all sections, schedules, and amendments that apply to all
the lands subject to the aforementioned By-laws.
Note: Highlighted sentence in Section 0 is under appeal only with respect to
the request to add that new aggregate extraction proposals shall also be
subject to the former by-laws.
1.3
APPLICATION OF THE BY-LAW
No person shall within any area or Zone of the Township of Clearview use any
land, building, or structure, or subdivide any lands, except in conformity with
the provisions of this By-law.
No person shall within any area or Zone of the Township of Clearview cause a
building/structure or any part or parts thereof, or other structures to be
erected, raised, moved, placed, reconstructed, extended, enlarged, or altered,
except in conformity with the provisions of this By-law.
1.4
ZONE EXCEPTIONS
Where the Zone symbol, as shown on a Schedule to this By-law, is followed
by a dash and a number such as M1-1, then special provisions which may
establish use, regulatory, or provisional exceptions, apply to such lands in
addition to, or in place of, the normal Zone provisions. Lands zoned in this
manner shall be subject to all of the provisions, standards, and restrictions of
the Zone, except as otherwise provided by the special provisions. These
special provisions apply only to the lands to which such a Zone symbol is
shown to apply.
1.5
HOLDING PROVISIONS
Notwithstanding any other provision in this By-law, where a zone symbol is
followed by the letter (H), no person shall use the land to which the letter (H)
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Clearview Zoning By-law
Interpretation & Administration
applies for any use other than the use which existed on the date this By-law
was passed or which is specifically established as a permitted use in
conjunction with the (H) symbol in this By-law, until the (H) is removed in
accordance with the policies of the Township of Clearview Official Plan and the
Planning Act, and in accordance with conditions established for the removal of
the (H) in this By-law or any amendment thereto. Conditions for removal are
set out in Schedule 'E'.
1.6
SEVERABILITY
If any section, clause, or provision of this By-law, including anything contained
in the Schedules attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect 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 to be the intention
that all the remaining sections, clauses, or provisions of this By-law shall
remain in full force and effect until repealed.
1.7
COMPLIANCE WITH OTHER LEGISLATION
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other By-law of the Township of
Clearview, or the obligation to obtain any license, permit, authority, or
approval required under any by-law of the Municipality, or any other regulation
of the County of Simcoe, Province of Ontario, or Government of Canada that
may otherwise affect the use of land, buildings or structures.
In the event of conflict between this By-law and any general or special by-law,
this By-law shall prevail.
In the event of an inconsistency or conflict between two or more provisions,
standards, or requirements of this By-law, the more stringent restrictions shall
prevail.
1.8
CERTAIN WORDS
In this By-law, words used in the present tense include the future; words in
the singular include the plural; words in the plural include the singular; and
the words "used" and "occupied" shall where the context indicates be
interpreted to mean "intended, arranged or designed to be used or occupied";
the word "shall" is mandatory and no directory.
1.9
ZONING SCHEDULES
The land use Zones, which include overlay Zones and notations, for all lands
covered by this By-law are shown on zoning maps in Schedules "A" and "B" to
this By-law. Such schedules, with all notations, references, dimensions,
designations, and other necessary information shown thereon, are hereby
adopted and made part of this Zoning By-law. Such schedules may hereinafter
be referred to as, "Schedules", or "Zoning Schedules".
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Clearview Zoning By-law
Interpretation & Administration
1.10 SITE PLAN CONTROL
The Township of Clearview is hereby designated as a Site Plan control area,
pursuant to Section 41 of the Planning Act.
1.11 MULTIPLE USES OR ZONES ON ONE LOT
Where a lot is divided into more than one Zone, each such portion of said lot
shall be considered separately for the purposes of determining permitted uses
and zone provisions and each such portion shall conform to the provisions of
the appropriate zone.
The greatest lot area requirement impacting a multi-zoned property shall
apply. The zone category situated along the front lot line shall determine the
minimum lot frontage requirement. Where there is a conflict in the application
of competing provisions the most stringent provision shall apply.
1.12 ZONE BOUNDARIES
The Zones and zone boundaries are shown on the Schedules to this By-law
which are attached to and form part of this By-law.
Unless the location of a zone boundary is specified by the dimensions on the
zoning map or interpretation is otherwise provided for herein, a zone boundary
which lies within a lot shall be fixed by the scale of the zoning map.
A zone boundary shown approximately at a lot line is deemed to be at the
boundary of the lot line.
A zone boundary shown approximately at the centre line of a right-of-way,
street, lane, other public thoroughfare, railway line, or transmission line, shall
be deemed to follow the centre line of the right-of-way, street, lane, other
public thoroughfare, railway line, or transmission line.
The corrections discussed above are considered to be matters of interpretation
of
the
By-law
with
technical
adjustments
made
being
considered
implementation
of
those
interpretations.
Such
corrections
are
not
amendments to this By-law.
Where a zone boundary is indicated as following the limits of a flood line or fill
line prepared by the Nottawasaga Valley Conservation Authority (NVCA),
where registered under the Conservation Authorities Act and approved by the
Township, the boundary shall follow such flood line or fill line, as may be
amended from time to time.
1.13 INCORPORATION OF AMENDMENTS
Amendments to this By-law, duly adopted by Council, may be incorporated
into a consolidated version of this By-law without the necessity of further
amendment to this By-law or formal adoption of the consolidated By-law.
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Clearview Zoning By-law
Interpretation & Administration
1.14 ADMINISTRATION
The provisions of this By-law shall be administered by the Township of
Clearview municipal staff, as delegated by Council.