The Corporation of the Township of Hudson Comprehensive Zoning By-law No. 97-09 (bundled with amending by-laws, including 2001-12 and 2003-13) - Section 3(20) Sight Triangles

Hudson, Ontario

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( GENERAL ZONING AMENDMENT COMMERCIAL/INDUSTRIAL (CM) ZONE and RURAL (RU) ZONE TOWNSHIP OF HUDSON PN: 0670/3 DRAFTED: 22 May 2003 REVISED: 2 June 2003 ENACTED: THEPLANTARIO GROUP LTD. EAST YORK, ONTARIO r n THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO . . ~P.Q3·-13 A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: 1. Section 6(2) of By-law No. 97-09 is hereby amended by renumbering subsection (p) as subsection (q) and adding the following new subsection (p) as follows: "(p) SPECIAL PROVISIONS - BUILDING SEPARATION Notwithstanding any provisions hereof to the contrary, a minimum building separation zone provision of 1.5 metres shall be applicable between any building or structure and/or any building or structure to be constructed in the south part of Lot 4, Concession IV, located in any of Parcel 4656 NND, Parcel 6980 NND, Parcel 1302 SST or Parcel 24046 SST." 2. Section 10(2) of By-law No. 97-07 is hereby amended by deleting subsection (p) and replacing it with the following new subsection: "(p) CREATED RESIDENTIAL LOT: Notwithstanding any provisions of Section 10(2)(a), Section 10(2)(b), Section 10(2)(d), Section 10(2)(h) or Section 10(2)(k) hereof to the contrary, where a consent is given to create a residential lot, excluding any lot to be created in Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Concessions I, II and III, such lot may be used for a single detached dwelling provided the minimum lot area is 4,000.0 square metres, the minimum lot frontage is 30.0 metres, the maximum building area is 20 % , the minimum side building setback is 5. 0 metres and the minimum dwelling unit area is 90.0 square metres. Where, however, a consent is given to create a residential lot in the excluded area, such lot may be used for a single detached dwelling provided the minimum lot area is 24.0 hectares, the minimum lot frontage is 200.0 metres, the maximum building area is 10%, the minimum side building setback is 10.0 metres and the minimum dwelling unit area is 90.0 square metres." 3. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. TIIIS BY-LAW read a first and second time this.~ day of .J,q/J.€.r .. , 2003. TIIIS BY-LAW read a third time and passed this .J:~. day of .J'.ti.1:'lt:'.-.., 2003. Signed: (SEAL) JOHANSON 2 ZONING AMENDMENT GENERAL RESIDENTIAL (GR-5) ZONE TOWNSHIP OF HUDSON PN: 0671/13 DRAFTED: 28 May 2001 ENACTED: 28 Jnne 2001 THE PLANTARIO GROUP LTD. EAST YORK, ONTARIO THE CORPORATION OF THE TOWNSHIP OF HUDSON By LA O 2001-12 - W N -------. A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: . I. Section 5 of By-law No. 97-09 is hereby amended by the addition of the following at the end thereof: "(11) USES PERMITTED IN GR-5 ZONES No person shall within any GR-5 zone use any lot or erect, alter or use any building or structure for any purpose except in accordance with Section 5(1). (12) SPECIAL PROVISIONS FOR GR-5 ZONES No person shall within any GR-5 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Section 5(2) and Section 3, except as provided for in the following provisions: (a) LOT AREA (minimum): - 3,200.0 square metres (b) BUILDING SETBACK, FRONT (minima): (i) (ii) marine facility other uses (c) BUILDING SETBACK, REAR (minima): (i) (ii) marine facility other uses (d) SETBACK FROM ROAD ALLOWANCES - nil - 10.6 metres - nil - 10.0 metres Notwithstanding any other provision herein, no building shall be located closer than 5.0 metres to a road allowance, and no structure, including a septic system, shall be located closer than 3.0 metres to a road allowance. ') (e) WATER SETBACKS Notwithstanding any other provisions herein, Section 3(26) herein shall not apply to this lot. (0 SPECIAL LOT Notwithstanding any other provisions herein, for the purpose of this zone, the lot to be used for calculating the zone provisions shall be the combined Lots 10 and 11, Plan M-159-T and Lot 20, Plan M-165, together with the former municipal right-of-way between Lots 10 and 11, Plan M-159-T. For this particular lot, the front lot line shall be determined to be the lot line fronting Hammond Lake, while the rear lot line shall be the lot line fronting Frere Lake. (g) SPECIAL PROVISIONS Notwithstanding any other provisions herein, no septic system may be located closer than 25.0 metres of any waterbody." Schedule A, attached to and forming part of By-law No. 97-07 is hereby amended by changing from GR the zone symbol on the lands designated "ZONE CHANGE TO GR-5" on Schedule 'A' hereto. ]. Schedule 'A', attached hereto, is hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this . ~~- .. day or . '!.~~ ..... , 200 I. THIS BY-LAW read a third time and passed this . ~~ ... day of . ~~~ .... , 200 I. -: 7 Signed: (SEAL) Signed: 4.,4. ,.-,).g,{a ~{h / (Clerk) Tw1N LAk'E" METRES 15 0 15 rvu-L_I The Plantario Group Ltd. 9 Crescent Place - Suite 2 I 09 EAST YORK, Ontario M4C 5L8 (4 I 6) 698-3655 _Lo.l'. __ B. ..... SCHEDULE 'A' BY-LAW NO. 2001-12 PART LOTS 10, CONCESSION II BEING LOTS 10 & 11 and THE LANEWAY BETWEEN, PLAN M-159-T and LOT 20, PLAN M-16S -T TOWNSHIP OF HUDSON DISTRICT OF TIMISKAMING LEGEND ZONE CHANGE TO GR-5 THIS IS SCHEDULE 'A' TO BY-LAW NO. 2001-12 (SEAL) (CLERK): il/l-6de~-<,%~ / DWG ~ O.: 0671/13-A / DRAFTED: 30 May '01 THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO. ~f;.~V A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson has received several comments on the completed comprehensive Zoning By-law No. 97-09 for the Township of Hudson; AND WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 in response to these comments; NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: 1. Section 3(3) of By-law No. 97-09 is hereby amended by the addition of the following new paragraph at the end thereof: "As well, where an addition to a single detached dwelling house, located in the General Residential (GR) Zone, exceeds 10% of the gross floor area, or where a change in the dwelling's occupancy from part-time or occasional to permanent occupancy occurs, then the septic system shall be located in compliance with Section 5(2)(p) herein and a vegetation strip shall be established in compliance with Section 5(2)(n), also herein." 2. Section 5(2) of By-law No. 97-09 is hereby amended by the addition of the following as subsection (p), and by renumbering the present subsections (p) and (q) as (q) and (r) respectively: "(p) SEPTIC SYSTEM LOCATION: Notwithstanding any other provision herein, no septic system shall be located within the minimum Front Building Setback for 'other uses'." 3. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this .. i .. day of [email protected]'J..1.-f/:(, 19.~5 THIS BY-LAW read a third time and passed this .. 'j .. day of (!{1,~~ -~-., 19.? J. (SEAL) Signed: B ,_ No 4Rtl--/ Certified to be- true COf1I of y-.. w · of the Corporation of the ---------:--: _ .... ...tt In eounell on Township of HudlOn .--- 199 ~ ~1/ ~d ~:':: ' ~J[;. TcwnshlP of Hu410ft -- THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO. 722 BEING A BY-LAW TO ESTABLISH PROCEDURES FOR THE SALE OF REAL PROPERTY OWNED BY THE MUNICIPALITY. WHEREAS, the Planning and Municipal Statute Law Amendment Act, 1994, requires that every Council with the authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF HUDSON HEREBY ENACTS AS FOLLOWS: 1. That where made applicable by Section 193 of the above mentioned act this by-law shall apply to the sale of real property by the Corporation including a lease of 21 years or longer. 2. That prior to the disposal of property the Council shall by resolution declare the property to be surplus. 3. That prior to the disposal of real property and where there is no exemption under the regulations, the Council shall obtain at least one appraisal of the fair market value of the real property. 4. That the form of appraisal shall be the fair market value listed in the Assessment Roll. 5. That the Council may direct by resolution that the appraisal shall be conducted by an independent qualified appraiser who is a registered member in good standing of the Appraisal Institute of Canada or an "Opinion of Value" from a Realtor. 6. That notice to the public of the proposed sale shall be given at least 1 O days, including holidays, prior to the disposal of real property by posting a notice on the subject property or at the Township Office. 7. That the Council may direct by resolution that the notice to the public be given by publication in a newspaper having general circulation in the municipality. 8. That unsolicited offers to purchase real property may be processed on a first come first serve basis. . ... ./2 CLERK-TREASURER STEPH PALMATEER Moved By: CORPORATION OF THE TOWNSHIP OF HUDSON RR.NO.1 NEW LfSKEARD, ONTARIO P0J 1 PO 4 TEL: (705)64 7-5568 FAX: (705)64 7 -6373 Resolution I f-.,, ( -~---- c.. 4S ),.I - ,AJ - J....tcu IS "Tt--tA C . . . 'Teva (/t f'/ '3L.c.c c r1 k! ,n c:JPc-/c,,fJ"i~L DJJ 5 IS rrl t<cnJ t :J I ! I I I I f TOWNSHIP OF HUDSON ZONING BY-LAW CONVERSION TABLE METRIC 0.5 metre 0.75 metre 1.0 metre 1.2 metres 1.5 metres 2.0 metres 3.0 metres 3.5 metres 5.0 metres 6.0 metres 7.5 metres 10.0 metres 15.0 metres 20.0 metres 22.0 metres 23.0 metres 25.0 metres 30.0 metres 35.0 metres 40.0 metres 60.0 metres 200. 0 metres 275.0 metres DISTANCE* IMPERIAL 1.64 feet 2.46 feet 3.28 feet 3.94 feet 4.92 feet 6.56 feet 9.84 feet 14.98 feet 16.40 feet 19.68 feet 24.60 feet 32.80 feet 49.20 feet 76.00 feet 72.16 feet 75.44 feet 82.00 feet 98.40 feet 114.80 feet 131.20 feet 196.80 feet 656.00 feet 902.00 feet * all dimensions have been rounded to two decimal places for this table, while Provincial law requires conversion to four decimal places. AREA** METRIC IMPERIAL 15.0 square metres 161.46 square feet 20.0 square metres 215.28 square feet 30.0 square metres 322.92 square feet 50.0 square metres 538.20 square feet 70.0 square metres 753.47 square feet 80.0 square metres 861.11 square feet 90.0 square metres 968. 75 square feet 100.0 square metres 1,076.39 square feet 145.0 square metres 1,560.77 square feet 4,000 square metres 43,055.60 square feet 6,000 square metres 64,583.40 square feet 10,000 square metres 107,639 square feet · 0.16 hectares 0.40 acres 0.17 hectares 0.42 areas 0.20 hectares 0.49 acres 0.25 hectares 0.62 acres 0.50 hectares 1.24 acres 1.0 hectare 2.47 acres 17.25 hectares 42.63 acres 24.0 hectares 59.31 acres 30.0 hectares 74.13 acres ** all dimensions have been rounded to two decimal places for this table, while Provincial law requires conversion to four decimal places. 10,000 square metres = 1 hectare 107, 639 square feet = 1 acre .... ·· . . . ·- .. . . - Date: .J v wd 41 15,-4 7 Moved By: IH:A-Z CORPORATION OF THE TOWNSHIP OF HUDSON RR.NO.1 . NEW LISKEARD, ONTARIO P0J 1 PO Resolution I THE r4 :SE u cR fl N <.s.c ~ (4 /\,Q 0 -c oc c__ Jg C: W r 7r( dv? TEL: (705)64 7-5568 FAX: (705)64 7-6373 f2-- i ;4 ZONING BY-LAW ,TOWNSHIP ,OF ~HUDSON .-·i ' ., THE PLANTARIO GROUP LTD. EAST YORK, ONTARIO SECT-l '.tON 1!0 l!ll ll2 R~ISED: ~ zones R,U-ll zone mrml \Jlld Edlee'n's'.'es c e ifs 6 THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO. . ;lJ.-.0.°L A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF HUDSON WHEREAS the Planning Act provides that the council of a municipal corporation may pass by-laws to regulate the use of lands and the character, location and use of buildings and structures; NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: SECTION 1 INTRODUCTION (1) TITLE OF BY-LAW This By-law may be cited as the "Zoning By-law". (2) SCOPE OF BY-LAW (a) LANDS SUBJECT TO BY-LAW: The provisions of this By-law shall apply to all lands within the corporate limits of the Township of Hudson. (b) CONFORMITY WITH BY-LAW: No building or structure shall hereafter be erected, altered or located, nor shall the use of any building, structure or lot hereafter be changed, in whole or in part, except in conformity with the provisions of this By-law. (c) EXISTING USE CONTINUED: Nothing in this By-law shall 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 passing of this By- law, so long as it continues to be used for that purpose. (d) BUILDING PERMIT ISSUED: Nothing in this By-law shall prevent the erection or use of any building or structure for a purpose prohibited by this By-law if a permit for such building or structure 1 SECTION 1(2) (d) INTRODUCTION was issued by the Chief Building Official prior to the date of passing of this By-law provided: (i) when the building or structure is erected, it shall be used and shall continue to be used for the purpose for which the building permit was issued; (ii) the erection of such building or structure is commenced within 6 months of the date of passing this By-law and provided the erection of such building or structure is completed within 18 months after the erection thereof is commenced; and ( iii) such permit has not been revoked by the Chief Building Official. (e) COMPLIANCE WITH OTHER RESTRICTIONS: This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. (3) INTERPRETATION OF BY-LAW (a) SINGULAR AND PLURAL WORDS: In this By-law, unless the context requires otherwise, words used in the singular number include the plural and words used in the plural include the singular number. (b) SHALL IS MANDATORY: In this By-law, the word "shall" is mandatory. (C) USED AND OCCUPIED: In this By-law, unless the context requires otherwise, the word "used" shall include "designed to be used" and "arranged to be used" and the word "occupied" shall include "designed to be occupied" and "arranged to be occupied". 2 SECTION 1(3) (d) INTRODUCTION (d) BUILDING, STRUCTURE AND USE CLASSIFICATION: In this By-law, all buildings, structures and uses named as permitted uses and classified under the headings "RESIDENTIAL USES" or "NON-RESIDENTIAL USES" may be referred to as Residential or Non-Residential buildings, structures, or uses respectively. (4) SCHEDULE TO BY-LAW Schedule A, which is attached hereto, is hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. 3 SECTION 2 DEFINITIONS In this By-law, unless the context requires otherwise, the following definitions shall apply: (1) ALTER, when used in reference to a building, structure or part thereof, means: to change any one or more of the external dimensions of such building or structure; or to change the type of construction of the exterior walls or roof of such building or structure; or to change the use of such building or structure; or to change the number of uses or dwelling units contained therein. "Alter", when used in reference to a lot, means: to change the boundary of such lot with respect to a street or lane; or to change any dimension or area relating to such lot which is covered herein by a zone provision; to change the use of such lot; or to change the number of uses located thereon. "Altered" and "alteration" shall have corresponding meanings. (2) AUDITORIUM, means a building, structure or part thereof where facilities are provided for athletic, civic, educational, political, religious or social events. This definition may include an arena, assembly hall, community centre, gymnasium, stadium, theatre or similar use and the consumption of food and drink, but not for any commercial purpose. (3) BALCONY, means a partially enclosed platform attached to or extending horizontally from one or more main walls of a building and used as an outdoor porch or sundeck. (4) BUILDING, means any structure, consisting of walls and a roof, which is used for shelter, accommodation or enclosure of persons, animals, equipment, goods or materials. 4 SECTION 2(4) (a) DEFINITIONS (a) ACCESSORY BUILDING, means a detached building which is incidental, subordinate and exclusively devoted to a main building or main use and located on the same lot therewith. (b) MAIN BUILDING, means the building which contains the principal use of the lot on which such building is located. (S) BUILDING AREA, means that portion of the lot area of a lot permitted to be covered by one or more building envelopes. (6) BUILDING BY-LAW, means any by-law of the corporation passed pursuant to the Building Code Act. (7) BUILDING ENVELOPE, means the total horizontal area of a building calculated by perpendicular projection onto a horizontal plane. This definition shall not include: sills, belt courses, chimneys, cornices, - eaves, gutters, parapets, pilasters or similar ornamental structures unless such structure projects more than 0.75 metres horizontally from an exterior wall of the building; or unenclosed porches, balconies or steps unless such structure projects more than 2.0 metres horizontally from an exterior wall of the building. A swimming pool envelope unless protrudes more surrounding the shall be considered as part of the building no part of the swimming pool or its railings than 1.5 metres above the ground level swimming pool. (8) BUILDING HEIGHT, means the vertical distance between the finished grade of the lot on which the building is situated and the highest point of the building proper. (9) BUILDING PERMIT, means a permit required by the Building By- law. 5 SECTION 2(10) DEFINITIONS (10) BUILDING SEPARATION, means the permitted between the nearest envelopes on a lot. least horizontal distance portions of any building (11) BUILDING SETBACK, means the least horizontal distance permitted between a lot line of a lot and the nearest portion of any building envelope or excavation on such lot. (a) FRONT BUILDING SETBACK, means the building setback on a lot measured from each front lot line of such lot. (b) FLANK BUILDING SETBACK, means the building setback on a· lot measured from each flank lot line of such lot. (c) REAR BUILDING SETBACK, means the building setback on a lot measured from each rear lot line of such lot. (d) SIDE BUILDING SETBACK, means the building setback on a lot measured from each side lot line of such lot. ( 12) BUILDING SUPPLY OUTLET, means an establishment engaged in the selling or installing of building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning and similar items. This definition shall not include any establishment otherwise defined herein or specifically named elsewhere in this By-law. (13) BUSINESS OFFICE, means a building or part of a building where one or more persons are employed in administering, directing, managing or conducting the affairs of a private enterprise. This definition shall not include any manufacturing operation or any premises used for repairing equipment, goods, materials or vehicles. ( 14) CAMPGROUND, means an open area provided for the use of outdoor camping in tents or similar facilities. This definition shall not include a tourist camp or mobile home park. (15) CAMP LOT, means a parcel of land within a campground or a tourist camp occupied by a tent, a tourist trailer or tourist vehicle. 6 SECTION 2(16) (16) CARPORT, means a roofed structure, piers or not more than two walls, sheltering of permitted vehicles. DEFINITIONS supported by columns, which is used for the (17) CEMETERY, means land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. "Cemetery" may include a structure for the purpose of cremation of human remains and may include facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments. (18) CHIEF BUILDING OFFICIAL, means the employee appointed by Council for the purpose of enforcing the Building By-law. (19) COMMERCIAL GREENHOUSE, means a building used for the growing of flowers, vegetables, shrubs, trees and similar vegetation for wholesale or retail sale. This definition shall not include any premises used for the growing of mushrooms. (20) CONVENIENCE STORE, means an establishment where food, tobacco, drugs, periodicals or similar items of household necessity are kept for retail sale. (21) CORPORATION, means the Corporation of the Township of Hudson. (22) COUNCIL, means the council of the Corporation of the Township of Hudson. (23) DETACHED, when used in reference to a building, means a building which is not dependent on any other building for structural support or enclosure. (24) DRIVEWAY, means an unobstructed passageway used to provide vehicular access to a lot from a street or lane. 7 SECTION 2(25) DEFINITIONS (25) DWELLING HOUSE, means a detached building occupied or capable of being occupied as the home or residence of one or more persons. This definition shall not include any part of any vehicle as defined herein. (a) ACCESSORY DWELLING HOUSE, means a single detached dwelling house which is accessory to a permitted Non- Residential use and is occupied either by the owner of such Non-Residential use or by a person employed on the lot where such dwelling house is located. (b) BOARDING HOUSE, means a dwelling house, erected prior to the date of passing of this By-law, which contains not more than four quest rooms wherein, for gain or profit, lodgings, with or without meals, are provided to the public. (c) CONVERTED DWELLING HOUSE, means a dwelling house, erected prior to the date of passing of this By-law, the interior of which has been altered so as to provide therein not more than two dwelling units. (d) GROUP HOME, means the use of a dwelling house for a residential care facility accommodating up to 10 persons, excluding resident staff, who, by reason of their emotional, mental, social or physical condition, require specialized residential care in a group living arrangement, as licensed or approved by the applicable Provincial agency. (e) MOBILE HOME, means a prefabricated building, designed to be transported on its own chassis {notwithstanding that its running gear is or may be removed) , or by other means, and designed and equipped for year-round occupancy. This definition shall not include any tourist vehicle nor any trailer which has a gross floor area of less than 30.0 square metres. (f) SINGLE DETACHED DWELLING HOUSE, means a dwelling house containing only one dwelling unit. (g) SINGLE DETACHED DWELLING HOUSE, FARM RELATED, means a single detached dwelling house which houses a farmer who has retired from active working life or is a dwelling house rendered surplus due to farm consolidation. REVISED: 30 October 1994 8 SECTION 2(26) DEFINITIONS (26) DWELLING UNIT, means a suite of two or more habitable rooms occupied by not more than one household unit, in which sanitary conveniences are provided and in which facilities are provided for cooking or for the installation of cooking equipment, and with an independent entrance either directly from outside the building or through a common corridor or vestibule inside the building. This definition shall not include any part of any vehicle as defined herein. (a) ACCESSORY DWELLING UNIT, means a dwelling unit which is part of, and accessory to, a permitted Non-Residential building other than a service station or a commercial garage. Such dwelling unit shall be occupied either by the owner of such Non-Residential building or by a person employed on the premises where such dwelling unit is located. (27) ENTRANCE, when used with reference to a lot, means the area of intersection between a driveway and a street line. (28) ENTRANCE SETBACK, means the least horizontal distance permitted between an intersection of street lines and the nearest portion of any entrance, measured along the street line. (29) ENTRANCE WIDTH, means the horizontal distance permitted between the extremities of an entrance, measured along the street line. ( 3 O) ERECT, means to build, construct, place, reconstruct or relocate and, without limiting the generality of the word, also includes: any preliminary operation such as excavating, filling or draining; altering any existing building or structure by an addition, enlargement, extension or other structural change; and any work which requires a building permit. "Erected" and "erection" shall have corresponding meanings. REVISED: 30 October 1994 9 SECTION 2(31) DEFINITIONS (31) EXISTING, means existing on the date of passing of this By- law. (32) FARM, means land used for the tillage of soil or the growing of vegetables, fruits, grains, legumes, hays or other crops. This definition may also apply to land used for beekeeping, livestock and/or fish raising, dairying or woodlots. (a) SPECIALIZED FARM, means land on which the predominant economic activity consists of raising chickens, turkeys or other fowl; the raising of fur bearing animals; the raising of swine or goats; the raising of cattle on feed lots; the raising or boarding of dogs or cats; or the growing of mushrooms. (33) FINISHED GRADE, means the median elevation between the highest and lowest points of the finished surface of the ground (measured at the base of a building or structure), but exclusive of any embankment in lieu of steps. (34) FLOOR AREA, means the horizontal area of a storey, measured between the exterior faces of the exterior walls at the floor level of such storey. (a) DWELLING UNIT AREA, means the aggregate of the floor areas of all habitable rooms in a dwelling unit. (b) GROSS FLOOR AREA, means the aggregate of all floor areas of a building and structure. (c) NET FLOOR AREA, means that portion of the gross floor area of a building which is used by a Non-Residential use defined herein or specifically named elsewhere in this By-law, but excluding: (i) any part of such building used by another Non- Residential use which is defined herein or specifically named elsewhere in this By-law; (ii) any part of such building used as a dwelling uni~; REVISED: 30 October 1994 10 SECTION 2(34) (C) (iii) DEFINITIONS (iii) any part of such building used for the parking or storage of motor vehicles; (iv) any part of such building used for equipment to heat such building or a portion thereof; and (v) the thickness of any exterior walls of such building. (35) FORESTRY USE, means the management, development and cultivation of timber resources. (36) FUEL PUMP ISLAND, PRIVATE, means a fuel pump island used to dispense fuel solely to vehicles owned or leased by the occupant of the lot where such fuel pump island is located. This definition shall not include a service station or any other facility for the sale of fuels. (37) GARAGE, COMMERCIAL, means an establishment or premises where vehicles owned by the general public are repaired or maintained. (38) GARAGE, MAINTENANCE, means an establishment or premises where vehicles owned or leased by the occupant of such premises are repaired or maintained. (39) GARAGE, PRIVATE, means an accessory building or portion of a dwelling house which is fully enclosed and used for the sheltering of permitted vehicles. This definition shall not include a carport or other open shelter. (40) GRAVEL PIT, means any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel or unconsolidated rock to supply such material for construction, industrial or manufacturing purposes. This definition shall not include: any excavation incidental to the erection of a building or structure for which a building permit has been issued; · any excavation incidental to the construction of any public works; REVISED: 30 October 1994 11 SECTION 2(40) DEFINITIONS any asphalt plant, cement manufacturing plant or concrete batching plant; and any wayside pit as defined herein. (41) HABITABLE ROOM, means a room designed to provide living dining, sleeping or kitchen accommodation for persons. This definition may include a bathroom, den, library or enclosed sun room, but shall not include any private garage, carport, porch, verandah, unfinished attic, unfinished basement or unfinished cellar. (42) HIGH WATER MARK, means the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and continued so long that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side. (43) HOME INDUSTRY, means a use accessory to a permitted farm which may include a carpentry shop, a craft shop, a metal working shop, a plumbing shop, an electrical shop, a welding shop, a storage building for school buses, boats or snowmobiles, or similar uses. (44) HOME OCCUPATION, means any occupation conducted for gain or profit within a dwelling unit. This definition may include dressmaking; hairdressing; instruction in arts, crafts, dancing or music to not more than six pupils at any one lesson; molding; painting; sculpting; weaving; or the making or repairing of garden or household ornaments, clothing, personal effects or toys. (45) HOME OCCUPATION, RURAL, means any occupation conducted for gain or profit as an accessory use on a permitted farm. This definition may include a retail outlet for farm supplies or farm supplies, a produce grading station or a merchandise service shop. (46) HOME PROFESSION, means any profession practised within a dwelling unit. This definition may include the offices of an 12 SECTION 2(46) DEFINITIONS accountant, architect, auditor, dentist, drugless practitioner, engineer, insurance agent, land surveyor, lawyer, medical practitioner, notary, realtor, or town planner. ( 4 7) HOUSEHOLD UNIT, means one or more human beings living together as a single housekeeping unit. This definition may also include domestic servants and not more than two roomers or boarders. This definition shall not include a group home. (48) LANDSCAPING AREA, means that portion of the lot area of a lot required for the growth and maintenance of grass, flowers, bushes, trees and other landscaping. This definition may include any surfaced walk, surfaced patio, play facility, in ground swimming pool or similar area, but shall not include any driveway or ramp (whether surfaced or not) or any curb, retaining wall, parking area, loading space or any open space beneath or within a building or structure. (49) LOT, means a parcel of land which is capable of being legally conveyed in accordance with the provisions of the Planning &rt- (a) CORNER LOT, means a lot having four or fewer lot lines and situated at the intersection of two street lines which contain an angle of not more than 135 degrees. Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents. (b) EXISTING LOT, means a lot which, on the date of passing of this By-law, was capable of being legally conveyed in accordance with the Planning Act. (c) INTERIOR LOT, means a lot, other than a corner lot or a through lot, which has street access, but has no water access. (d) MOBILE HOME LOT, means a lot used for the placement of a mobile home in a mobile home park. 13 SECTION 2(49) (e) DEFINITIONS (e) STANDARD WATERFRONT LOT, means a lot which has water access on one shoreline and has a lot area of less than one hectare. (f) THROUGH LOT, means a lot, other than a corner lot, which has street access on two or more street lines, but has no water access. (g) UNSERVICED LOT, means a lot which is not served by a public water system or a sanitary sewer system. (50) LOT AREA, means the total horizontal area within the lot lines of a lot, excluding the horizontal area of any flood plain located on such lot. (51) LOT FRONTAGE, means, in the case of a corner lot, an interior lot or a through lot, the horizontal distance between the two lot lines which intersect the front lot line of a lot, such distance being measured along a line which is parallel to the front lot line and distant from the front lot line a distance equal to the minimum front building setback required herein for the specified use in the zone where such lot is located. In the case of a standard waterfront lot, "lot frontage" means the straight line horizontal distance between the two most widely separated points on the front lot line. ( 52) LOT LINE, means any boundary of a lot or the vertical projection thereof. (a) FRONT LOT LINE, means, in the case of an interior lot, the lot line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line except where the lot lines abutting a street are the same length, the lot line used for the principal entrance to the lot shall be deemed to be the front lot line. In the case of a through lot, the lot line used for the principal entra·nce to the lot shall be deemed to be the front lot line. In the case of a standard waterfront lot, the shoreline shall be deemed to be the front lot line. (b) FLANK LOT LINE, means any lot line other than a front lot line which is also a street line. 14 SECTION 2(52) (c) DEFINITIONS (c) REAR LOT LINE, means any lot line which is not a front lot line, a flank lot line or a side lot line. (d) SIDE LOT LINE, means a lot line which intersects a front lot line or a flank lot line provided that, if any side lot line or portion thereof is the rear lot line of an abutting lot, such lot line or portion thereof shall be deemed to be a rear lot line. (53) MARINE FACILITY, means a building or structure which is used to place a boat into, or take a boat out of, a waterbody; or to moor, to berth or to store a boat. This definition may include a boat launching ramp, boat lift, dock or boathouse, but excludes any boat service, repair or sales facility, or building or portion thereof being used for human habitation. (54) MOBILE HOME PARK, means land which has been provided and designed for the location thereon of two or more occupied mobile homes. (55) MUNICIPAL YARD, shall mean any land and buildings owned by the Municipality, or any local board or commission, and used for the storage, maintenance and repair of equipment used in connection with civic works. (56) NON-COMPLYING, when used in reference to a lot, building or structure, means a lot, building or structure which does not comply with one or more of the zone provisions of the zone in which such lot, building or structure is located. (57) NON-CONFORMING, when used in reference to a use, building or structure, means a use, building or structure which is not a permitted use in the zone where such use, building or structure is located. (58) NOXIOUS USE, means a use which, by it nature or the materials used or produced therein, is declared to be a noxious trade, business or manufacturer, or a noxious use as defined in the Health Protection and Promotion Act. REVISED: 30 October 1994 15 SECTION 2(59) DEFINITIONS (59) OPEN STORAGE AREA, means land used for the outside storage of equipment, goods or materials. This definition shall not include a storage use located in a building, a salvage yard, a vehicle agency, a parking area, or a parking space. (60) PARK, means an area, consisting largely of open space, which may include a recreational area, trails, playground, playfield or similar use, but shall not include a mobile home park or tourist camp. (a) PUBLIC PARK, means a park owned or operated by the Corporation, any local board of the Corporation or any Authority, Board, Commission or Ministry established under any statute of Ontario or Canada. (b) PRIVATE PARK, means a park other than a public park. (61) PARKING AREA, means an area or structure provided for the parking of motor vehicles and includes any related driveways and parking spaces, but shall not include any part of a street or lane. This definition may include a carport or private garage. (62) PARKING LOT, means any parking area other than a parking area which is accessory to a permitted use and located on the same lot therewith. (63) PARKING SPACE, means a portion of a parking area, exclusive of any driveways, which may be used for the temporary parking or storage of a motor vehicle. (64) PERMITTED, means permitted by this By-law. (65) PERMITTED USE, means a use which is permitted in the zone where such use is located. (66) PERSON, means any human being, association, firm, partnership, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom ·the context can apply according to law. REVISED: 30 October 1994 16 ( SECTION 2(67) DEFINITIONS (67) PLACE OF WORSHIP, means a building owned or occupied by a religious congregation or religious organization dedicated exclusively to worship and · other religious activities. Accessory uses may include a hall, auditorium, Sunday school or parish hall accessory to a place of worship. (68) PLANTING STRIP, means an area which shall be used for no purpose other than planting a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, not less than 1.5 metres high, immediately adjacent to the lot line or portion thereof along which such planting strip is required herein. The remainder of such planting strip shall be used for no purpose other than planting trees, shrubs, flowers, grass or similar vegetation. (69) PLANTING STRIP WIDTH, means the least horizontal dimension of a planting strip measured perpendicularly to the lot line abutting such planting strip. (70) PRIVATE CABIN, also referred to as a Sleep Cabin, means a suite of two or more rooms, occupied by not more than one household unit, in which sanitary conveniences may be provided but which contains no cooking facilities and is accessory to a permitted dwelling house. (71) PRIVATE HOME DAY CARE, means the temporary care and custody, for reward or compensation, of five children or less who are not of common parentage, where such care is provided in a private residence for a continuous period not exceeding 24 hours. (72) PUBLIC USE, means a building, structure or lot used for public services by the Corporation, any local board of the Corporation, any Authority, Board, Commission or Ministry established under any statute of Ontario or Canada, any telephone or telegraph _ company, any public utility corporation or any railway company authorized under the Railway Act. (73) SALVAGE YARD, means an establishment or premises where bones, bottles, hides, junk, rags, scrap metals, wrecked vehicles or REVISED: 30 October 1994 17 SECTION 2(73) DEFINITIONS parts therefrom are stored wholly or partly in the open. (74) SATELLITE SIGNAL BROADCAST OR RECEIVING DISH, shall mean any device used or intended to be used to send or receive signals to or from satellites. (75) SCHOOL, means a school under the jurisdiction of a Board as defined in the Education Act. (76) SERVICE SHOP, MERCHANDISE, means an establishment wherein articles or goods such as appliances, furniture or similar items may be repaired or serviced. This definition shall not include any manufacturing operation or establishment used for the service or repair of vehicles. (77) SHORELINE, means any lot line or portion thereof which abuts a waterbody. (78) SIGHT TRIANGLE, means the triangular space on a lot formed by two intersecting street lines and a line drawn from a point in one street line across such lot to a point. in the other street line, each such point being a distance from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. (79) SIGN, means a name, identification, description, device, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institute, organization or business. (a) LEGAL SIGN, means a sign which complies with the Sign By-law of the Corporation. (80) STONE QUARRY, means any open excavation made for the removal of any limestone, sandstone, shale or consolidated rock to REVISED: 30 October 1994 18 SECTION 2(80) supply such material manufacturing purposes. DEFINITIONS for construction, industrial or This definition shall not include: any excavation incidental to the erection of a building or structure for which a building permit has been issued; any excavation incidental to any public works; any asphalt plant, cement manufacturing plant or concrete batching plant; and any wayside quarry as defined herein. (81) STOREY, means that portion of a building or structure between any floor level of such building or structure and the floor, ceiling or roof next above such floor level. (a) ATTIC, means that portion of a building situated wholly or partly within the roof, but which is not a one-half storey. (b) BASEMENT, means any storey below the first storey which is at least 50% above finished grade (measured from finished floor to finished ceiling). (c) CELLAR, means any storey below the first storey which is more than 50% below finished grade (measured from finished floor to finished ceiling). (d) FIRST STOREY, means the storey with its floor closest to finished grade and having its ceiling at least 1.5 metres above finished grade. (e) ONE-HALF STOREY, means that portion of a building situated wholly or partly within the roof and in which there is a vertical dimension of at least 2. o metres (measured from finished floor to finished ceiling) over a floor area equal to at least 50% of the floor area of the storey next below. (82) STREET, means a public thoroughfare under the jurisdiction of either the Corporation or the Province of Ontario. This definition shall not include a lane, a private right-of-way, or a registered right-of-way. REVISED: 30 October 1994 19 SECTION 2(82) DEFINITIONS "Street allowance" shall have a corresponding meaning. (a) IMPROVED STREET, means a street defined herein as a "Provincial Highway" or a "Township Road" which is maintained on a year-round basis and shown on Schedule A hereto. An improved street may also include a private road which has been designated in the Township Official Plan document as an exception to the access provisions of the Plan. (b) PROVINCIAL HIGHWAY, means Highway No. 65. (c) TOWNSHIP ROAD, means a street, other than a Provincial Highway. (d) UNIMPROVED STREET, means a street defined herein as a "Township Road" which is not maintained on a year-round basis and shown on Schedule A hereto. (83) STREET ACCESS, means, when referring to a lot, that such lot has a lot line or portion thereof which is also a street line. (84) STREET LINE, means the limit of a street allowance and is the dividing line between a lot and a street. (85) STREET SETBACK, means the least horizontal distance required between the centreline of a street allowance and the nearest part of any building envelop or excavation on a lot (measured at right angles to such centreline). (86) STRUCTURE, means anything constructed or erected, the use of which requires location on or in the ground, or attached to something having location on or in the ground. This definition shall include a septic system. 27 September 1997 23 August 1996 REVISED: 30 October 1994 20 SECTION 2(87) DEFINITIONS (87) TOURIST CAMP, . means any land used to provide temporary accommodation in tents, tourist trailers, tourist vehicles or cabins whether or not a fee is charged or paid for such accommodation. (88) TOURIST TRAILER, means a trailer capable of being used for the temporary living, sleeping or eating accommodation of persons (notwithstanding that its running gear is or may be removed). (89) TOURIST VEHICLE, means a self-propelled vehicle capable of being used for the temporary living, sleeping or eating accommodation of persons. This definition may include a bus, motor home, truck or van. (90) TRAILER, means any vehicle designed to be towed by a motor vehicle. (91) USE, when used as a noun, means the purpose for which a lot, building or structure, or any combination thereof, is designed, arranged, occupied or maintained. "Uses" shall have a corresponding meaning. "Use" (when used as a verb), "used" and "to use" shall have corresponding meanings. (a) ACCESSORY USE, means a use which is incidental, subordinate and exclusively devoted to a main building, main structure or main use and located on the same lot therewith. (b) MAIN USE, means the principal use of a lot. (92) VEGETATION STRIP, means a naturlly vegetated strip of land devoted exclusively to the provision of a visual amenity and a physical barrier between a waterbody and a building or struture constructed on a lot where such strip is required. It shall be permissible to interrupt the strip for a walkway between the waterbody and buidings or structures on the lot. 27 September 1997 23 August 1996 REVISED: 30 October 1994 21 r SECTION 2(93) DEFINITIONS (93) VEHICLE, means an all-terrain vehicle, automobile, a boat, a commercial motor vehicle, a farm implement, a motorcycle, a snowmobile, a truck, a tourist vehicle or a trailer. (94) WAREHOUSE, means a building or part of a building used only for the bulk storage of goods, wares, merchandise or materials and accessory office space and shall include a wholesale establishment. (95) WATER ACCESS, means, when referring to a lot, that such lot has a lot line or portion thereof which is also a shoreline. (96) WATERBODY, means any bay, lake, natural watercourse or canal, other than a drainage ditch or irrigation channel. (97) WATER SETBACK, means the straight line horizontal distance from a high water mark of a waterbody to the nearest part of any excavation, building, structure or open storage area on the lot. (98) WAYSIDE PIT, means a temporary open excavation made for the removal of any soil, earth, clay, marl, sand, gravel or unconsolidated rock, opened and used by a public authority solely for the purpose of a particular project or contract of construction. (99) WAYSIDE QUARRY, means a temporary open excavation made for the removal of any limestone, sandstone, shale or consolidated rock, opened and used by a public authority solely for the purpose of a particular project or contract of construction. (100) YARD, means a space, appurtenant to a building, structure or excavation, located on the same lot as the building, structure or excavation, and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures or uses as are specifically permitted. 27 September 1997 23 August 1996 REVISED: 30 October 1994 22 SECTION .2(100) (a) DEFINITIONS (a) FRONT YARD, means a yard located between the front lot line and the nearest part of any excavation or main building on the lot and extending across the full width of the lot. (b) FLANK YARD, means a yard located between a flank lot line and the nearest part of any excavation or main building on the lot and extending for the full length of such flank lot line, but excluding any front yard. (c) REAR YARD, means a yard located between a rear lot line and the nearest part of any excavation or main building on the lot and extending for the full length of such rear lot line, but excluding any front yard or flank yard. (d) SIDE YARD, means a yard located between a side and the nearest part of any excavation or main on the lot and extending for the full length side lot line, but excluding any front yard, rear yard. lot line building of such flank or (101) ZONE, means a designated area of land use shown on Schedule A hereto and includes any special zone used in this By-law. (102) ZONE PROVISION, means any provision of this By-law which is listed under the heading "ZONE PROVISIONS" and includes anything contained in Section 3 hereof which is applicable to the zone or use. (103) ZONED AREA, means all the lands within the corporate limits of the Township of Hudson. (104) ZONING ADMINISTRATOR, means the officer or employee of the Corporation charged with the duty of enforcing the provisions of this By-law. 27 September 1997 23 August 1996 REVISED: 30 October 1994 23 SECTION 3 GENERAL PROVISIONS (1) ACCESSORY USES Any use, building or structure which is accessory to a permitted use in a zone shall be permitted in such zone except that none of the following accessory uses shall be permitted in any zone unless such accessory use is listed as a permitted use in such zone: an accessory manufacturing use; a building or portion thereof used for human habitation; a fuel pump island; a livestock building; a marine facility; any occupation for gain or profit conducted within or accessory to a dwelling unit or accessory to a farm; and an open storage use. (2) ACCESS REGULATIONS No person shall erect any building or structure in any portion of a Zoned Area unless the lot upon which such building or structure is to be erected fronts on and has access to an Improved street as defined herein. (a) EXISTING LOT: This provision shall not apply to a lot, · created in accordance with the Planning Act for residential purposes, which does not front on an Improved Street. For such a lot, buildings and structures shall be permitted in accordance with the approved use and the zone provisions for the zone in which the lot is located. (b) EXISTING BUILDINGS AND STRUCTURES: This provision shall not apply to a lot which does not front on an Improved Street, but contains a legally existing building or structure. For such existing building or structure, their rebuilding or repair shall be permitted in accordance wit~ Section 3(12) and accessory buildings and structures may be permitted in accordance with Section 3(1). (c) REGISTERED PLAN OF SUBDIVISION: This provision shall not apply to a lot on a registered plan of subdivision, registered subsequent to the date of passing of this By-law. REVISED: 1 February 1997 24 SECTION 3(3) GENERAL PROVISIONS (3) ADDITION TO OR CHANGE OF EXISTING USE When a building or structure has insufficient parking spaces, or if the planting strip is not adequate, on the date of passing of this By-law to comply with the requirements herein, this By-law shall not be - interpreted · to require that the deficiency or inadequacy be made up prior to the. construction of any addition if such addition does not increase the gross floor area of such building or structure by more than 10%. However, no addition which increases the gross floor area by more than 10%, and no change of use may occur if the effect of an addition or change of use would be to increase such deficiency or inadequacy. (4) CONSTRUCTION USES A building or structure incidental to construction on a lot where such building or structure is situated shall be permitted in any portion of the Zoned Area, but only for as long as it is necessary for the work in progress and until the work is completed or abandoned. "Abandoned" in this subsection means the failure to proceed expeditiously with the construction work or the failure to undertake any construction work during any continuous six month period. (5) DWELLING UNITS (a) LOCATION IN PRIVATE GARAGE: No dwelling unit shall be located in a private garage. (b) LOCATION IN CELLAR: No dwelling unit shall be located in any cellar of any Non-Residential building. No part of any dwelling unit, except a bedroom, furnace room, laundry room, recreation room, storage room, washroom or similar room, shall be located in the cellar of a Residential building. (c) LOCATION IN BASEMENT: No dwelling unit shall be located in the basement of a Non-Residential building. A dwelling unit may be located REVISED: 1 February 1997 25 SECTION 3(5) (c) GENERAL PROVISIONS in the basement of a Residential building, provided that the finished floor level of such basement is not more than 1.0 metre below finished grade. (6) HEIGHT EXCEPTIONS The building height provisions of this By-law shall not apply to the following uses: an aid to navigation or aviation; a barn; a belfry; a bridge; a bulk storage tank; a chimney; a church spire; a communications tower; a corn crib; a drying elevator; an electric power facility, other than a building; a farm implement shed; a feed or bedding storage use; a flagpole; a piece of heating, cooling or ventilating equipment; a transmission tower; a radio or television antenna; a silo; 1 February 1997 REVISED: 30 October 1994 26 SECTION 3(6) a skylight; a stack; and a windmill. (7) HOME INDUSTRY AND RURAL HOME OCCUPATIONS GENERAL PROVISIONS No home industry or rural home occupation shall be permitted in any portion of the Zoned Area unless such home industry or rural home occupation complies with the following provisions: (a) EMPLOYMENT: Not more than three persons, other than an occupant of the premises, shall be employed in a home industry or rural home occupation. (b) ADVERTISING: There shall be no external display or advertising, · other than a lawful sign, to indicate to persons outside that any part of the lot is being used for a home industry or rural home occupation purpose. (c) USES PROHIBITED: No rural home occupation shall be permitted which interferes with television or radio reception. The rural home occupation shall not create or become a public nuisance, in particular, in regard to noise, traffic or parking. {8) HOME OCCUPATIONS AND HOME PROFESSIONS No home occupation or home profession shall be permitted in any portion of the Zoned Area unless such home occupation or home profession complies with the following provisions: (a) SIZE: Not more than 25% of the dw·elling unit area shall be used for purposes of home occupation or home profession uses. 27 SECTION 3(8)(b) GENERAL PROVISIONS (b) ACCESSORY BUILDING: No accessory building shall be erected, altered or used for purposes of a home occupation or home profession. (c) SALES OR RENTALS: On any lot containing a home occupation, there shall be no goods, wares or merchandise, other than those produced on the premises, offered or exposed for sale or rent on such premises. (d) EMPLOYMENT AND OCCUPANCY: No person, other than an occupant of the dwelling unit containing the home occupation or home profession, shall be engaged in the home occupation or home profession, except that one person, other than an occupant of a dwelling unit containing a professional office shall be permitted. (e) ADVERTISING: There shall be no external display or advertising, other than a lawful sign, to indicate to persons outside that any part of the dwelling house or lot is being used for a purpose other than residential. (f) OPEN STORAGE AREA: No part of any lot containing a home occupation or home profession shall be used as an open storage area accessory to that home occupation or home profession use. (g) USES PROHIBITED: No home occupation or home profession shall be permitted which interferes with television or radio reception. The home occupation or home profession shall not create or become a public nuisance, in particular, in regard to noise, traffic or parking. (9) LOTS CONTAINING MORE THAN ONE USE Where a lot contains more than one use, the lot area requirement shall be the sum of the requirements for the REVISED: 1 February 1997 28 SECTION 3(9) GENERAL PROVISIONS separate uses thereof, but the lot frontage requirement shall be no less than the greater of the lot frontage requirements for each individual use in the zone where such lot is located. Where a building, structure or lot accommodates more than one use, the parking space requirements for such building, structure or lot shall be the sum of the requirements for the separate uses thereof. (10) LOTS DIVIDED INTO MORE THAN ONE ZONE Where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the provisions of this By-law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot .for the purpose of determining zone provisions. (11) LOTS REDUCED BY ROAD CONSTRUCTION Notwithstanding any other provision of this By-law where, for the purpose of laying out a road, a road widening, or a road realignment, the Corporation or the Ministry of Transportation acquires a portion of a lot on which a building exists at the time of the acquisition, the remaining portion of the lot and any building thereon shall be deemed to comply with the provisions of this By-law, provided that any reduction in the required building setback shall not be greater than 75% of the minimum setback required by this By-law and, provided that the dimensions in areas of the lot and the building situated thereon were lawful prior to the date of such acquisition. (12) NON-COMPLYING BUILDINGS, STRUCTURES AND LOTS (a) ALTERATIONS TO NON-COMPLYING BUILDINGS AND STRUCTURES: Nothing in this By-law shall prevent the enlargement, reconstruction, renovation, repair or replacement of an existing, non-complying building or structure provided such enlargement, reconstruction, renovation, repair or replacement shall not: (i) increase the number of dwelling units in the replacement building over those of the original REVISED: 1 February 1997 29 SECTION 3(12) (a) (i) GENERAL PROVISIONS number of dwelling units; ( ii) increase the portion of the lot area covered by building envelopes if such coverage exceeds the applicable maximum building area permitted herein; (iii) reduce the size of any yard adjoining that portion of such building or structure which is less than the applicable minimum building setback required herein; (iv) reduce the distance between building envelopes if such distance is less than the applicable minimum building separation required herein; (v) increase the overall vertical dimension of such building or structure if such dimension exceeds the applicable maximum building height permitted herein; (vi) reduce the dwelling unit area of any dwelling unit if it is less than the applicable minimum dwelling unit area required herein; (vii) reduce the gross floor area of any building or structure if it is less than the applicable minimum gross floor area required herein; (viii) reduce the portion of the lot used for landscaping purposes if such portion is less than the applicable minimum landscaping area required herein; ( ix) reduce the size of any planting strip required herein; or (x) contravene any other zone provisions. (b) USE OF UNDERSIZED VACANT LOTS: Nothing in this By-law shall prevent the use of a vacant lot which has a lesser lot area and/or lot frontage than the applicable minimum lot area and/ or minimum lot frontage required herein provided such lot is an existing lot as defined herein, the proposed use of such lot is a permitted use and the proposed use shall not contravene any other zone provisions. REVISED: 1 February 1997 30 SECTION 3(12) GENERAL PROVISIONS Nothing in this By-law shall prevent the use of a vacant lot created by · expropriation, street widening, or realignment which has a lesser area and/or frontage than the applicable minimum lot area and/or minimum lot frontage required herein. (13) NON-CONFORMING BUILDINGS AND STRUCTURES (a) REBUILDING, REPAIR OR REPLACEMENT PERMITTED: Nothing in this By-law shall prevent the rebuilding, repair or replacement of an existing non-conforming building or structure that is damaged or destroyed subsequent to the date of passing of this By-law, provided that the external dimensions, excluding building height, of the original building or structure are not increased, the size and number of dwelling units of the original building are n·ot · increased and the use of the building or structure is not altered, unless altered to a permitted use. Notwithstanding the above, where a building or structure is destroyed by flood, such rebuilding or replacement shall not be permitted unless in conformity with this By- law. (b) STRENGTHENING PERMITTED: Nothing in this By-law shall prevent the strengthening to a safe condition of an existing non-conforming building or structure, provided that the external dimensions of · the original building or structure are not increased and the use of the building or structure is not altered, unless altered to a permitted use. (14) OBNOXIOUS USES No person shall within the Zoned Area use any lot or erect, alter or use any building or structure for any of the following purposes: an animal or fish glue manufacturing use; a blood boiling use; a gas manufacturing use; a noxious use; a salvage yard; or a tannery. 1 February 1997 REVISED: 30 October 1994 31 SECTION 3(15) GENERAL PROVISIONS (15) OCCUPANCY OF PARTIALLY COMPLETED DWELLING HOUSES No dwelling house shall be used for human habitation before the main walls and roof have been erected, the external roofing and siding has been completed, and services and utilities have been installed and are operable. (16) PARKING AREA REGULATIONS (a) SIZE: Each parking space shall be at least 6.0 metres long, 3.0 metres wide and have a vertical clearance of at least 2.0 metres. (b) LOCATION: The required parking area shall not form part of any street or lane. The required parking area shall be provided on the lot occupied by the building, structure or use for which the said parking area is required. (c) ACCESS: Access to parking spaces shall be by means of a driveway at least 3. 5 metres wide contained within the lot on which the parking spaces are located and leading to an adjacent improved street. (d) SURFACE: Each parking area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. (e) RESTRICTIONS IN RESIDENTIAL ZONES: No person shall use any parking area or parking space in a Residential zone to park a vehicle, unless such vehicle bears a vehicle license plate or sticker which is currently valid, or to park more than one commercial motor vehicle as defined by the Highway Traffic Act. REVISED: 30 October 1994 32 SECTION 3(17) GENERAL PROVISIONS (17) PIPELINE SETBACK No building, structure or excavation shall be allowed on a pipeline right-of-way. All permanent buildings, structures and excavations shall be set back 20.0 metres from the right- ..__ ~ of-way. ~ l ~ ,;,.. ¢ ·-IJ~ -b;;.- ,u V rn addition, no per=sha~ u~;=e. explora~: ::;::;: 40. o-· ~J ~etres of a pipeline or any of the works connected therewitli: (18) PLANTING STRIPS (a) LANDSCAPING AREA: A planting strip referred to in this subsection may form part of any landscaping area required by this By-law. (b) INTERRUPTION FOR DRIVEWAY OR WALKWAY: Where a driveway or walkway extends through a planting strip, it shall be permissible to interrupt the planting strip within 3.0 metres of the edge of such driveway or within 1.5 metres of the edge of such walkway. (c) SIZES: Each planting strips shall be at least 3.0 metres wide and have a vertical dimension of at least 1.5 metres. (19) PUBLIC USES (a) STREETS AND INSTALLATIONS: Nothing in this By-law shall prevent the use of land for a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipeline, lighting fixture, overhead or underground electrical or telephone line or other supply line or communication line or structure clearly ancillary to the foregoing, provided that the location of such street, main, line, fixture or structure has been approved by the Corporation. [Jfotwithstanding the generality of~ the foregoing, this approval by the Corporation shall 119.pbe . required for any public works project which has been ~ authorized pursuant to the Environmental Assessment AcfJ/ 33 SECTION 3(19) (b) GENERAL PROVISIONS (b) ZONES WHERE PERMITTED: Except as provided in clause (a) hereof, the only public uses permitted in a specific zone shall be those public uses listed as permitted uses in the said zone. (c) REQUIREMENTS IN RESIDENTIAL ZONES: Any above-ground non-residential public use which is located in a Residential zone shall be enclosed in a building designed, located and maintained in general harmony with the Residential buildings permitted in such zone. (20) SIGHT TRIANGLES (a) SIZE: The distance from the point of intersection of the street lines shall be 10.0 metres. (b) USES PERMITTED: Within any area defined as a sight triangle, the following uses shall be prohibited: a building, structure or use which would obstruct the vision of drivers of motor vehicles; a fence, tree, hedge, bush or other vegetation, the top of which exceeds 1.0 metre in height above the elevation of the street; any portion of a parking space; a berm or other ground elevation of the street by surface which exceeds the more than 0.5 metre; and a sign, other than a pole sign, the body of which is not less than 2.0 metres above the elevation of the centreline of the street. 34 SECTION 3(20) GENERAL PROVISIONS (21) SIGNS Nothing in this By-law shall apply to prevent the erection, alteration or use of any sign, provided such sign complies with the by-laws of the Corporation regulating signs and provided such sign complies with the provisions of this By-law regarding sight triangles. (22) STORAGE OF SPECIAL VEHICLES (a) VEHICLES PERMITTED: No person shall use any lot in any Residential zone for the purpose of parking or storing more than: two boats; one tourist vehicle; three snowmobiles; and one tourist trailer. (b) YARDS WHERE PERMITTED: In any Residential zone, the storage of a tourist vehicle, snowmobile or tourist trailer shall only be permitted in a garage, carport or other building and not in any parking space or sight triangle, however, such vehicle may be parked in any interior side yard or rear yard, but no closer than 1.5 metres to any lot line. (23) STREET SETBACKS No person shall erect any building in any portion of the Zoned Area unless such building complies with the following street setback requirements: Provincial Highway: - 23.0 metres, plus the minimum front building setback required for such use in the zone where it is located. Township Road: - 10.0 metres plus the minimum front building setback required for such use in the zone where it is located. REVISED: 30 October 1994 35 SECTION 3(24) GENERAL PROVISIONS (24) SATELLITE DISHES, TELEVISION AND RADIO ANTENNAE (a) USES PERMITTED: Satellite signal broadcast receiving dishes, television and radio antennae and their supporting towers are permitted in all zones. (b) HEIGHT: When located on lands in or abutting a Residential zone, they shall not exceed a height of 10.0 metres measured from their base to the top of their uppermost element. This restriction shall not apply to Federally licensed installations. (c) LOCATION: Radio and television antennae and their supporting towers may be located in all parts of rear and side yards, but no part of any such structure may be extended beyond the limits of the lot upon which it is erected. Satellite signal broadcast or receiving dishes shall be permitted only in rear yards, provided such dishes are not located closer to any lot line than a distance equal to the greater of the diameter of the satellite signal broadcast or receiving dish or the minimum yards required for a residential dwelling in the zone. (25) VEHICLE RACING TRACK No person shall use any land, building or structure, and no person shall erect any building or structure in the Township for the purpose of the operation of a track for the racing of vehicles. (26) WATER SETBACKS No building or structure other than a marine facility, a building or structure accessory to flood or erosion control or a building or structure normally associated with watercourse protection works or bank stabilization projects shall be located closer than 20.0 metres to the high water mark of a waterbody. REVISED: 30 October 1994 36 SECTION 4 ZONES (1) ZONE CLASSIFICATION For the purpose of this By-law, all lands within the Zoned Area are divided into zones and are classified as Residential, Commercial/Industrial or Restricted zones. Following each zone name is a corresponding alpha-numeric symbol referred to herein as a "zone symbol". (a) RESIDENTIAL ZONES: General Residential zone (b) COMMERCIAL/INDUSTRIAL ZONES: Commercial/Industrial zone (c) RESTRICTED ZONES: Open Space zone Sensitive zone Agriculture zone Rural zone (2) ZONE SYMBOLS GR CM OS SE AG RU The zone symbols listed in Section 4(1) hereof may be used to refer to buildings and structures, and the uses of lots, buildings and structures permitted in this By-law in the said zones, and whenever in this By-law the word "zone" is used, preceded by any of the said zone symbols, such reference shall mean any portion of the Zoned Area delineated on Schedule A hereto and designated thereon by the said zone symbol. (3) ZONE BOUNDARIES The extent and boundaries of all zones and special zones are shown on Schedule A hereto. When determining the location of a zone boundary on Schedule A or on any schedule which amends Schedule A, the following provisions shall apply. 15 August 1997 23 August 1996 REVISED: 30 October 1994 37 SECTION 4(3) ZONES (a) CORPORATION BOUNDARIES: All boundaries of the Corporation shall be zone boundaries. (b) TOWNSHIP LOT OR CONCESSION LINES: A zone boundary indicated as approximately following a Township lot line or concession line shall be deemed to follow such Township lot line or concession line. (c) STREET LINES: A zone boundary indicated as approximately following a street line shall be deemed to follow such street line. (d) RIGHTS-OF-WAY: A zone boundary indicated as approximately following a right-of-way for a private road, railroad, power line, pipeline, etc., shall be deemed to follow such right-of- way. (e) SHORELINES: A zone boundary indicated as approximately following a shoreline of a waterbody shall be deemed to be the high water mark of such waterbody. (f) SUBDIVISION LOT LINES: A zone boundary indicated as approximately following a lot line on a plan of subdivision shall be deemed to follow such lot line. (g) OTHER PROPERTY LINES: A zone boundary indicated as approximately following any other property line shall be deemed to follow such property line. REVISED: 30 October 1994 38 SECTION 4(3) (h) ZONES (h) DIMENSIONS AND MEASUREMENTS: If the location of a zone boundary cannot be determined using any of the preceding methods, its location shall be according to the dimensions shown on the schedule. If such dimensions are not shown, its location shall be as measured on the schedule at the original size and scale of such schedule. (4) PERMITTED USES AND ZONE PROVISIONS For each zone listed in Section 4(1) hereto, there shall be a section of this By-law which sets out the permitted uses and the zone provisions for such zone. (S) SPECIAL ZONES Where a zone symbol is followed by a dash and a number (for example "CM-1"), this denotes a special zone. The permitted uses and the zone provisions for such special zone shall be set out in subsections of the Section of this By-law applicable to the said zone symbol. 39 SEPTIC SYSTEM POLICY The requirement for setting back the 25 metres (82 feet)is found in Section 5(2)(f)(ii) of the By-law. Following the definition of a structure, Section 2(86) of the By-law, a structure includes a septic system. The 25 metres setback is required in the following situations: where you require a system for new construction; where you require a larger system because of a building addition; or where you require a larger system because of a change in use such as seasonal to permanent. Because Section 3(12)(a) states that structures may be enlarged, reconstructed, renovated, repaired or replaced ifit is non-complying, then if the system is to be replaced for the following reasons, it can be placed where the existing system is located: where the system does not meet the minimum standards for the Health Unit and needs to be replaced; or where the system is to be enlarged without any change in use or size of the buildings currently on the subject property. However, if the system is closer to the water's edge than the Health Unit permits, Section 1(2)(e) ( applies and the system would be required to be moved back to the minimum distance used by th.:/~ Health Unit of 15 metres (50 feet). \ . NUMBER C84.1 C84.2 Col. 1 Code and Guide for Sewage Systems 1997 Table 11.5.1.1.C. Compliance Alternatives for Residential Occupancies Forming Part of Article 11.5.1.1. PARTS PART 11 COMPLIANCE ALTERNATIVE REQUIREMENTS 8.2.1.4. Existing clearances acceptable where: a sewage system is replaced with another sewage system within the same class; and, the capacity of the replacement sewage system does not exceed the capacity of the existing sewage system. 8.2.1.4. Existing clearances are acceptable where a replacement sewage system requires lesser clearances than those requir~d in Part 8 for the existing sewage system. 2 3 SECTION 5 GENERAL RESIDENTIAL (GR) ZONE (1) USES PERMITTED No person shall within any GR zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following GR uses, namely: (a) RESIDENTIAL USES: a group home; a single detached dwelling house. (b) NON-RESIDENTIAL USES: a marine facility; a private cabin; a public park. (2) ZONE PROVISIONS No person shall within any GR zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum) : - 6, ooo square metres ~'i."57.i,l/b:, (b) LOT FRONTAGE (minimum) : - 60. 0 metres. (10.14-~ft (c) DWELLING HOUSES PER LOT (maximum): - 1 only (d) PRIVATE CABINS PER LOT(maximum): - 1 only . (e) BUILDING AREA (maximum): - 15% (f) BUILDING SETBACK, FRONT (minima) : 'i.oX-S;J.t. (i) marine facility (ii) other uses (g) BUILDING SETBACK, FLANK (minimum): (h) BUILDING SETBACK, .REAR (minima) : (i) main building (ii) accessory building 1 February 1997 7 August 1995 REVISED: 30 October 1994 40 - ni·1 - - 25.0 metres (?Z.oq'ri ... ' .. _ - 7.5 metres (1'-\ .1.ool: - 10. o metres ( y1.r1, f - 3. o metres ('i. ?N r.."t SECTION 5(2) (i) GENERAL RESIDENTIAL (GR) ZONE (i) BUILDING SETBACK, SIDE (minima): (i) one side - 1. 5 metres (L-1.92.. F+J (ii) other side - 6. o metres ( \q ,r.,g ~) (iii) accessory buildings - 1. 2 metres ( 3.91.\ \:I-) (j) BUILDING SEPARATION (minimum): (k) BUILDING HEIGHT (maxima): - 3. o metres ( 9 ,'if\.\ \:--'i) (i) main building - 10. o metres ('32.a>O i:+"') (ii) accessory buildings - 6. o metres ( \q .<o-cr+; (1) DWELLING UNIT AREA (minimum): (m) LANDSCAPING AREA (minimum): ' "j - 100. o square metres (\071.. . ?:, -1"'-··, r- (n) - 30% VEGETATION STRIP: A vegetation strip,5.0 metres in width, shall maintained along any portion of a front lot line. (o) PARKING SPACES (minimum): - 2 for each dwelling unit (p) SPECIAL PROVISIONS: '\ .- . _y-- On Hudfir Lake, no building shall be erected below the 30.1752 metre elevation as established on Plan TER - 444, or 7.5 metres from the high water mark of the lake, which ever is greater. (q) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. (3) USES PERMITTED IN GR-1 ZONES . / No person shall within any GR-1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following GR-1 uses, namely; (a) RESIDENTIAL USES: a single detached dwelling house . 26 November 1997 27 September 1997 15 August 1997 23 August 1996 REVISED: 30 October 1994 41 SECTION 5(3) (b) GENERAL RESIDENTIAL (G~) ZONE (b) NON-RESIDENTIAL USES: a marine facility; a private cabin. (4) SPECIAL PROVISIONS FOR GR-1 ZONES No person shall within any GR-1 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 5(2), except as provided for in the following provisions: (a) LOT AREA (minima): (i) one lot (ii) other lot (5) USES PERMITTED IN GR-2 ZONES - 0.20 hectares - 0.25 hectares No person shall within any GR-2 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following GR-2 uses, namely; (a) RESIDENTIAL USES: a single detached dwelling house. (b) NON-RESIDENTIAL USES: a marine facility; a private cabin. (6) SPECIAL PROVISIONS FOR GR-2 ZONES No person shall within any GR-2 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 5(2), except as provided for in the following provisions: 27 September 1997 15 August 1997 1 February 1997 REVISED: 23 August 1996 42 SECTION ~(6) (a) GENERAL RESIDENTIAL (G~) ZONE (a) SPECIAL PROVISION: Lands zoned GR-2 are those lands approved by consent for the construction of three (3) dwelling units, plus one (l} dwelling unit for the existing property. Use of the dwellings shall depend upon the maintenance level of the roadway provided by the owner during the various seasons of the year. (7) USES PERMITTED IN GR-3 ZONES No person shall within any GR-3 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following GR-3 uses, namely; (a) RESIDENTIAL USES: a existing single detached dwelling house. (b) NON-RESIDENTIAL USES: a marine facility; a private cabin. (8) SPECIAL PROVISIONS FOR GR-3 ZONES No person shall within any GR-3 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 5(2), except as provided for in the following provisions: (a) LOT AREA (minimum): - 0.17 hectares (b) LOT FRONTAGE (minimum): - 22.0 metres (c) SPECIAL PROVISION: Notwithstanding any other provision herein, the front lot line shall for lands zoned GR-3 shall be the lot line closest to the water's edge. 27 September 1997 15 August 1997 1 February 1997 REVISED: 23 August 1996 43 SECTION 5(9) GENERAL RESIDENTIAL (G~) ZONE (9) USES PERMITTED IN GR-4 ZONES No person shall within any GR-4 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following GR-4 uses, namely; (a) RESIDENTIAL USES: a existing single detached dwelling house. (b) NON-RESIDENTIAL USES: a marine facility; a private cabin. (10) SPECIAL PROVISIONS FOR GR-4 ZONES No person shall within any GR-4 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 5(2), except as provided for in the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): 27 September 1997 15 August 1997 1 February 1997 REVISED: 23 August 1996 44 - 0.16 hectares - 35.0 metres n JOHANSON 2 ZONING AMENDMENT GENERAL RESIDENTIAL (GR-5) ZONE TOWNSHIP OF HUDSON PN: 0671/13 DRAFI'ED: 28 May 2001 ENACTED: 28 June 2001 TIIE PLANTARIO GROUP LTD. EAST YORK, ONTARIO THE CORPORATION OF THE TOWNSHIP OF HUDSON 0 2001-12 BY-LAWN ....... . A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: . I. Section 5 of By-law No. 97-09 is hereby amended by the addition of the following at the end thereof: "(11) USES PERMITTED IN GR-5 ZONES No person shall within any GR-5 zone use any lot or erect, alter or use any building or structure for any purpose except in accordance with Section 5(1). (12) SPECIAL PROVISIONS FOR GR-5 ZONES No person shall within any GR-5 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Section 5(2) and Section 3, except as provided for in the following provisions: (a) WT AREA (minimum): - 3,200.0 square metres (b) BUILDING SETBACK, FRONT (minima): (i) marine facility - nil (ii) other uses - 10.6 metres (c) BUILDING SETBACK, REAR (minima): (i) marine facility - nil (ii) other uses - 10.0 metres (d) SETBACK FROM ROAD ALLOWANCES Notwithstanding any other provision herein, no building shall be located closer than 5. 0 metres to a road allowance, and no structure, including a septic system, shall be located closer than 3.0 metres to a road allowance. '1 (e) WATER SETBACKS Notwithstanding any other provisions herein, Section 3(26) herein shall not apply to this lot. (0 SPECIAL LOT Notwithstanding any other provisions herein, for the purpose of this zone, the lot to be used for calculating the zone provisions shall be the combined Lots 10 and 11, Plan M-159-T and Lot 20, Plan M-165., together with the former municipal right-of-way between Lots 10 and 11, Plan M-159-T. For this particular lot, the front lot line shall be determined to be the lot line fronting Hammond Lake, while the rear lot line shall be the lot line fronting Frere Lake. (g) SPECIAL PROVISIONS Notwithstanding any other provisions herein, no septic system may be located closer than 25.0 metres of any waterbody." Schedule A, attached to and forming part of By-law No. 97-07 is hereby amended by changing from GR the zone symbol on the lands designated "ZONE CHANGE TO GR-5" on Schedule 'A' hereto. :~. Schedule 'A', attached hereto, is hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. -l This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this . -~~- .. day or . ~'!?~ ..... , 2001. THIS BY-LAW read a third time and passed this . ~~ ... day of . '.~~~ .... , 2001. ; Signed: (SEAL) Signed: /µ' &l4d,~ / (Clerk I' METRES 15 0 15 ~I The Plantario Group Ltd. 9 Crescent Place - Suite 21 0? EAST YORK, Ontario M4C 5L8 (4 I 6) 698-3655 ..Lo:r __ e __ . .. ;:::-. ·:\{. (- ::::::. ; }/\ I -::.-:- --- <j,, ·-···· ...... ....... ....... 3 (l. SCHEDULE 'A' BY-LAW NO. 2001-12 PART LOTS 10, CONCESSION II BEING LOTS 10 & 11 and THE LANEWAY BETWEEN, PLAN M-159-T and LOT 20, PLAN M-1 ~-T TOWNSHIP OF HUDSON DISTRICT OF TIMISKAMING / .... ~~w. . . . . ·: ......... -.·· ·.·:~~ 21 LEGEND ZONE CHANGE TO GR-5 THIS IS SCHEDULE 'A' TO BY-LAW NO. 2001-12 SECTION 6 COMMERCIAL/INDUSTRIAL (CM) ZONE (1) USES PERMITTED No person shall within any CM zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following CM uses, namely: (a) RESIDENTIAL USES: an accessory dwelling house; an accessory dwelling unit. (b) NON-RESIDENTIAL USES: an auditorium; a building supply outlet; a business office, accessory to another permitted use; an equipment storage building; a manufacturing plant; a municipal fire hall; a municipal office; a municipal yard; an open storage area; a private fuel pump island; a warehouse. (2) ZONE PROVISIONS No person shall within any CM zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) DWELLING UNITS PER LOT (maximum): - 1 only (b) BUILDING AREA (maximum): - 60% (C) BUILDING SETBACK, FRONT (minimum): - 10.0 metres (d) BUILDING SETBACK, FLANK (minimum): - 10.0 metres (e) BUILDING SETBACK, REAR (minimum): - 15.0 metres (f) BUILDING SETBACK, SIDE (minimum): - 5.0 metres (g) BUILDING SEPARATION (minimum): - 5.0 metres 15 August 1997 23 August 1996 REVISED: 30 October 1994 45 SECTION 6 (2) (h) COMMERCIAL/INDUSTRIAL (CM) ZONE (h) DWELLING HOUSE AREA (minimum): (i) DWELLING UNIT AREA (minimum): (j) BUILDING HEIGHT (maximum): (k) LANDSCAPING AREA (minimum): (1) PLANTING STRIP LOCATION: - 80.0 square metres - 50.0 square metres - 10.0 metres - 35% A planting strip shall be required along any portion of a rear lot line or any portion of a side lot line which abuts a zone other than a Commercial/Industrial zone. (m) ENTRANCE SETBACK (minimum): (n) ENTRANCE WIDTH (minimum): (maximum): (o) PARKING SPACES (minima): (i) Residential uses (ii) business office (iii) warehouse (iv) Other Non-Residential - 10.0 metres -10.0 metres - 15.0 metres - 1 for each dwelling unit - 1 for each 20.0 square metres of net floor area or portion thereof - 1 for each 100.0 square metres of net floor area or portion thereof - 1 for each 15.0 square metres of net floor area or portion thereof (p) FUEL PUMP ISLAND OR PRIVATE FUEL PUMP ISLAND LOCATION: No part of any fuel pump island or private fuel pump island shall be located closer than 15.0 metres to any street line, or 6.0 metres to any other lot line. (q) OPEN STORAGE AREA REGULATIONS: No open storage area shall be permitted except in accordance with the following provisions: (i) no open storage area shall be permitted in a front yard or a flank yard; 15 August 1997 23 August 1996 REVISED: 30 October 1994 46 SECTION 6(2) (o)(ii) COMMERCIAL/INDUSTRIAL (CM) ZONE (ii) no open storage area shall be permitted in a rear yard adjacent to a rear lot line of such lot which abuts a Residential zone; (iii) no open storage area shall be permitted in a side yard adjacent to a side lot line of such lot which abuts a Residential zone; (iv) every open storage area or lot having an open storage area situated thereon shall be enclosed by a wall or fence not less than 2.0 metres in height and constructed of uniform material; or a berm not more than 2.0 metres in height with planting along the slope of the berm; (v) no portion of any open storage area for combustible materials shall be located closer than 6.0 metres to any lot line. (p) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. (3) USES PERMITTED IN CM-1 ZONES No person shall within any CM-1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following CM-1 uses, namely; (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: a gravel pit; an open storage use; a stone quarry. (4) SPECIAL PROVISIONS FOR CM-1 ZONES No person shall within any CM-1 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 6(2), except as provided for in the following provisions: (a) LOT AREA (minimum): 15 August 1997 23 August 1996 REVISED: 30 October 1994 - 30.0 hectares 47 SECTION 6(5) COMMERCIAL/INDUSTRIAL (CM) ZONE (5) USES PERMITTED IN CM-2 ZONES No person shall within any CM-2 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following CM-2 uses, namely: (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: a salvage yard; a sanitary landfill site. (6) SPECIAL PROVISIONS FOR CM-2 ZONES No person shall within any CM-2 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 6(2), except as provided for in the following provisions: (a) BUILDING AREA (maximum): - 10% (b) PLANTING STRIP LOCATION: A planting strip shall be required along any portion of a rear lot line or any portion of a side lot line. (c) SALVAGE YARD LOCATION: No land, on any lot, used as a salvage yard, shall be used for the outside storage of any salvage, scrap or similar material within 30.0 metres of any lot line. (7) USES PERMITTED IN CM-3 ZONES No person shall within any CM-3 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following CM-3 uses, namely: (a) RESIDENTIAL USES: prohibited. 15 August 1997 23 August 1996 REVISED: 30 October 1994 48 SECTION 6(7) (b) COMMERCIAL/INDUSTRIAL (CM) ZONE (b) NON-RESIDENTIAL USES: a cabinet making operation, and related activities. (8) SPECIAL PROVISIONS FOR CM-3 ZONES No person shall within any CM-3 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 6(2), except as provided for in the following provisions: (a) PLANTING STRIP LOCATION: No planting strip shall be required on the north side lot line. 15 August 1997 23 August 1996 REVISED: 30 October 1994 49 GENERAL ZONING AMENDMENT COMMERCIAL/INDUSTRIAL (CM) ZONE and RURAL (RU) ZONE TOWNSHIP OF HUDSON PN: 0670/3 DRAFTED: 22 May 2003 REVISED: 2 June 2003 ENACTED: THE PLANTARIO GROUP LTD. EAST YORK, ONTARIO THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO. i.QJ-S.-13 A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-{)9 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: 1. Section 6(2) of By-law No. 97-09 is hereby amended by renumbering subsection (p) as subsection (q) and adding the following new subsection (p) as follows: "(p) SPECIAL PROVISIONS - BUILDING SEPARATION Notwithstanding any provisions hereof to the contrary, a minimum building separation zone provision of 1.5 metres shall be applicable between any building or structure and/or any building or structure to be constructed in the south part of Lot 4, Concession IV, located in any of Parcel 4656 NND, Parcel 6980 NND, Parcel 1302 SST or Parcel 24046 SST." 2. Section 10(2) of By-law No. 97-07 is hereby amended by deleting subsection (p) and replacing it with the following new subsection: "(p) CREATED RESIDENTIAL LOT: Notwithstanding any provisions of Section 10(2)(a), Section 10(2)(b), Section 10(2)(d), Section 10(2)(h) or Section 10(2)(k) hereof to the contrary, where a consent is given to create a residential lot, excluding any lot to be created in Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Concessions I, II and III, such lot may be used for a single detached dwelling provided the minimum lot area is 4,000.0 square metres, the minimum lot frontage is 30.0 metres, the maximum building area is 20 % , the minimum side building setback is 5. 0 metres and the minimum dwelling unit area is 90.0 square metres. Where, however, a consent is given to create a residential lot in the excluded area, such lot may be used for a single detached dwelling provided the minimum lot area is 24.0 hectares, the minimum lot frontage is 200.0 metres, the maximum building area is 10%, the minimum side building setback is 10.0 metres and the minimum dwelling unit area is 90.0 square metres." 3. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this-~ day of .J.t!..tJ.et .. , 2003. THIS BY-LAW read a third time and passed this . il: f:. day of . ;:f .Y,:,:'\ f-.., 2003. Signed: (SEAL) SECTION 7 OPEN SPACE (OS) ZONE (1) USES PERMITTED No person shall within any OS zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following OS uses, namely: (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: a marine facility, related to another use; a public park; an existing tourist camp. (2) ZONE PROVISIONS No person shall within any OS zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT FRONTAGE, (minimum): (b) BUILDING SETBACK, FRONT (minima): (i) marine facility (ii) other uses (c) BUILDING SETBACK, FLANK (minimum): (d) BUILDING SETBACK, REAR (minimum): (e) BUILDING SETBACK, SIDE (minimum): (f) BUILDING SEPARATION (minimum): (g) BUILDING HEIGHT (maxima): (h) LANDSCAPING AREA (minimum): 15 August 1997 23 August 1996 REVISED: 30 October 1994 50 - 30.0 metres - nil - 25.0 metres - 10.0 metres - 7.5 metres - 7.5 metres - 5.0 metres - 10.0 metres - 50% SECTION 7(2) (i) OPEN SPACE (OS) ZONE (i) PARKING SPACES (minima): (i) cabins - 3 for each (ii) other uses - 5 for each hectare of lot area or portion thereof in excess of 0.5 hectares (j) CAMP SITE AREA (minimum): - 145.0 square metres (k) CAMP SITE FRONTAGE: For the purpose of this be measured along the serve the tourist camp, other. (1) SPECIAL PROVISIONS: - 6.0 metres section, camp site frontage shall private roadway, constructed to from one side of the site to the No tourist camp may be established without water frontage. (m) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. 15 August 1997 23 August 1996 REVISED: 30 October 1994 51 SECTION 8 SENSITIVE (SE) ZONE (1) USES PERMITTED No person shall within any SE zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following SE uses, namely: (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: an archaeological site; a conservation use; a cultural/heritage use; a wildlife and fish management use. (2) ZONE PROVISIONS No person shall within any SE zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) BUILDING AREA (maximum): (b) BUILDING SEPARATION (minimum): (c) BUILDING HEIGHT (maximum): (e) SPECIAL PROVISIONS: - 30% - 3.0 metres - 10.0 metres No accessory buildings or structures are permitted except a parking lot and a restroom. (f) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. 15 August 1997 1 February 1997 23 August 1996 REVISED: 30 October 1994 52 SECTION 9 AGRICULTURE (AG) ZONE (1) USES PERMITTED No person shall within any AG zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following AG uses, namely: (a) RESIDENTIAL USES: an accessory dwelling house; an existing boarding house; a group home; an existing single detached dwelling house; a single detached dwelling house, farm related. (b) NON-RESIDENTIAL USES: a commercial greenhouse; a conservation use; an equipment storage building; a farm; a forestry use; a home industry; a home occupation; a home profession; a livestock building; a mining use; an open storage area; a private home day care; a private fuel pump island; a produce building; a recreation use; a rural home occupation; a wayside pit; a wayside quarry; a woodlot. (2) ZONE PROVISIONS I No person shall within any AG zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 15 August 1997 23 August 1996 REVISED: 30 October 1994 - 30.0 hectares · 53 SECTION 9(2) (n) AGRICULTURE (AG) ZONE (n) SEPARATION DISTANCES BETWEEN AGRICULTURAL AND NON- AGRICULTURAL USES: Where a non-agricultural use is establishing or expanding in close proximity to existing livestock buildings, or where livestock facilities are being constructed, enlarged or remodelled near an existing non-agricultural use, the separation distances between the existing and proposed use shall be the distance as computed from the Agricultural Code of Practice, as revised from time to time. (o) PRIVATE FUEL PUMP ISLAND LOCATION: No part of any private fuel pump island shall be located closer than 20. O metres to any street line, or 10. O metres to any other lot line. - (p) CREATED RESIDENTIAL LOT: Notwithstanding any provisions of Section 9(2) (a), Section 9 (2) (b), Section 9 (2) (d) or Section 9 (2) (h) hereof to the contrary, where a consent is given to create a residential lot, or where a road right-of-way for public purpose creates a lot not exceeding 10,000.0 square metres, such lot may be used for a single detached dwelling provided the minimum lot area is 4,000.0 square metres, the minimum lot frontage is 30.0 metres, the maximum building area is 20% and the minimum side building setback is 5.0 metres. (q) OPEN STORAGE AREA REGULATIONS: No open storage area shall be permitted except in accordance with the following provisions: (i) no open storage area shall be permitted in a front yard or a flank yard; (ii) no open storage area shall be permitted in a rear yard adjacent to a rear lot line of such lot which abuts a Residential zone; (iii) no open storage area shall be permitted in a side yard; (iv) no portion of any open storage area for combustible materials shall be located closer than 10.0 metres to any lot line. (r) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. 15 August 1997 28 April 1997 23 August 1996 REVISED: 30 October 1995 55 SECTION 10(2) (b) (b) (C) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) LOT FRONTAGE (minimum): DWELLING HOUSES PER LOT (maxima): (i) lot used as a farm (ii) lot used for other uses BUILDING AREA (maximum): BUILDING SETBACK, FRONT (minimum): BUILDING SETBACK, FLANK (minimum): BUILDING SETBACK, REAR (minimum): BUILDING SETBACK, SIDE (minimum): BUILDING SEPARATION (minimum): BUILDING HEIGHT (maximum): DWELLING UNIT AREA (minimum): LANDSCAPING AREA (minimum): PARKING SPACES (minima): (i) Residential uses (ii) home industry, home occupation, home profession or rural home occupation AGRICULTURE (AG) ZONE - 275.0 metres - 2, provided such dwelling houses are accessory dwelling houses - 1 only - 1% - 40.0 metres - 20.0 metres - 15.0 metres - 10.0 metres - 5.0 metres - 10.0 metres - 100.0 square metres - 10% - 1 for each dwelling unit each - the greater of: 2 per lot; or 1 for 20.0 square metres of net floor area or portion thereof - 1 (iii) other Non-Residential 15 August 1997 23 August 1996 REVISED: 30 October 1994 54 SECTION 9(4) AGRICULTURE (AG) ZONE (3) USES PERMITTED :IN AG-1 ZONES No person shall within any AG-1 zone use any lot or erect, alter or use any building or structure for any purpose, except in accordance with Section 9(1) hereof. (4) SPECIAL PROVISIONS FOR AG-1 ZONES No person shall within any AG-1 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Section 3 and Section 9(2), except as provided for in the following provisions: (a) BUILDING SETBACK FRONT (minimum): - 22.0 metres (b) DWELLING UNIT AREA (minimum): - 70.0 square metres 15 August 1997 28 April 1997 23 August 1996 REVISED: 30 October 1995 56 SECTION 10 RURAL (RU) ZONE (1) USES PERMITTED No person shall within any RU zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following RU uses, namely: (a) RESIDENTIAL USES: an accessory dwelling unit; a group home; a single detached dwelling house. (b) NON-RESIDENTIAL USES: a commercial greenhouse; a conservation use; an equipment storage building; a farm; a forestry use; a gun club; a home industry; a home occupation; a home profession; a livestock building; a mining use; an open storage area; a private home day care; a private fuel pump island; a produce building; a rural home occupation; a wayside pit; a wayside quarry; a woodlot. (2) ZONE PROVISIONS No person shall within any RU zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): 15 August 1997 23 August 1996 7 August 1995 REVISED: 30 October 1994 57 - 30.0 hectares - 200.0 metres SECTION 10(2)(C) (c) DWELLING UNITS PER LOT (maxima): (i) lot used as a farm (ii) lot used for other uses (d) BUILDING AREA (maximum): (e) BUILDING SETBACK, FRONT (minimum): (f) BUILDING SETBACK, FLANK (minimum): (g) BUILDING SETBACK, REAR (minimum): (h) BUILDING SETBACK, SIDE (mini~um): (i) BUILDING SEPARATION (minimum): (j) BUILDING HEIGHT (maximum): (k) DWELLING UNIT AREA (minima): (1) LANDSCAPING AREA (minimum): (m) PARKING SPACES (minima): (i) Residential uses ( ii) home industry, home occupation, home profession or rural home occupation - each (iii) other Non-Residential RURAL (RU) ZONE - 2, provided such dwelling houses are accessory dwelling houses - 1 only - 1% - 25.0 metres - 25.0 metres - 15.0 metres - 10.0 metres - 5.0 metres - 10.0 metres 100.0 square metres - 10% - 1 for each dwelling unit - the greater of: 2 per lot; or 1 for 20.0 square metres of net floor area or portion thereof - 1 (n) SEPARATION DISTANCES BETWEEN AGRICULTURAL AND NON- AGRICULTURAL USES: Where a non-agricultural use is established or expanding in close proximity to existing livestock buildings, or where livestock facilities are being constructed, 15 August 1997 23 August 1996 REVISED: 30 October 1994 58 ~ SECTION 10(2)(n) RURAL (RU) ZONE enlarged or remodelled near an existing non-agricultural use, the separation distances between the existing and proposed use shall be the distance as computed from the Agricultural Code of Practice, as revised from time to time. (o) PRIVATE FUEL PUMP ISLAND LOCATION: (p) No part of any private fuel pump island shall be located c 1 oser than 2 o - o metres to any street 1 ine, or 1 O - o metres to any other lot line. CREATED RESIDENTIAL LOT: Notwithstanding any provisions of Section 10(2) (a), Section 10(2) (b), Section 10(2) (d) or Section 10(2) (k) hereof to the contrary, where a consent is given to create a residential lot, such lot may be used for a single detached dwelling provided the minimum lot area is 24.0 hectares, the minimum lot frontage is 200.0 metres, the maximum building area is 10% and a minimum dwelling unit area of 90.0 square metres. (q) OPEN STORAGE AREA REGULATIONS: No open storage area shall be permitted except in accordance with the following provisions: (i) no open storage area shall be permitted in a front yard or a flank yard; (ii) no open storage area shall be permitted in a rear yard; (iii) no open storage area shall be permitted in a side yard; (iv) no portion of any open storage area for combustible materials shall be located closer than 10.0 metres to any lot line. (r) GENERAL PROVISIONS: In accordance with the provisions of Section 3 hereof. (3) USES PERMITTED IN RU-1 ZONES No person shall within any RU-1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following RU-1 uses, namely: 15 August 1997 23 August 1996 REVISED: 30 October 1994 59 SECTION 10(3)(a) (a) RESIDENTIAL USES: a group home; a single detached dwelling house. (b) NON-RESIDENTIAL USES: a conservation use; an equipment storage building; a home occupation; a home profession; a woodlot. (4) SPECIAL PROVISIONS FOR RU-1 ZONES RURAL (RU) ZONE No person shall within any RU-1 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 10(2), except as provided for in the following provisions: (a) LOT AREA (minimum): 15 August 1997 23 August 1996 REVISED: 30 October 1994 - 17.25 hectares 60 GENERAL ZONING AMENDMENT COl\11\.fERCIAL/INDUSTRIAL (CM) ZONE and RURAL (RU) ZONE TOWNSHIP OF HUDSON PN: 0670/3 DRAFTED: 22 May 2003 REVISED: 2 June 2003 ENACTED: THEPLANTARIO GROUP LTD. EAST YORK, ONTARIO THE CORPORATION OF THE TOWNSHIP OF HUDSON . ., -~ /:3 BY-LAW NO . . <R9.-1 · A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: 1. Section 6(2) of By-law No. 97-09 is hereby amended by renumbering subsection (p) as subsection (q) and adding the following new subsection (p) as follows: "(p) SPECIAL PROVISIONS - BUILDING SEPARATION Notwithstanding any provisions hereof to the contrary, a minimum building separation zone provision of 1.5 metres shall be applicable between any building or structure and/or any building or structure to be constructed in the south part of Lot 4, Concession IV, located in any of Parcel 4656 NND, Parcel 6980 NND, Parcel 1302 SST or Parcel 24046 SST." 2. Section 10(2) of By-law No. 97-07 is hereby amended by deleting subsection (p) and replacing it with the following new subsection: "(p) CREATED RESIDENTIAL LOT: Notwithstanding any provisions of Section 10(2)(a), Section 10(2)(b), Section 10(2)(d), Section 10(2)(h) or Section 10(2)(k) hereof to the contrary, where a consent is given to create a residential lot, excluding any lot to be created in Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Concessions I, II and III, such lot may be used for a single detached dwelling provided the minimum lot area is 4,000.0 squ~e metres, the minimum lot frontage is 30.0 metres, the maximum building area is 20%, the minimum side building setback is 5.0 metres and the minimum dwelling unit area is 90.0 square metres. Where, however, a consent is given to create a residential lot in the excluded area, such lot may be used for a single detached dwelling provided the minimum lot area is 24.0 hectares, the minimum lot frontage is 200.0 metres, the maximum building area is 10%, the minimum side building setback is 10.0 metres and the minimum dwelling unit area is 90.0 square metres." 3. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this .J-5:. day of .J.~lJ.er .. , 2003. THIS BY-LAW read a third time and passed this . it~- day of . J' .Y..1:'\ t'.-. . , 2003. Signed: (SEAL) CEMETERY ZONING AMENDMENT RURAL SPECIAL (RU-2) ZONE TOWNSHIP OF HUDSON BY-LAW 2007-19 PN: 0670/5 DRAFTED: 13 July 2007 REVISED: 2 August 2007 ENACTED: THE PLANTARIO GROUP LTD. EAST YORK, ONTARIO THE CORPORATION OF THE TOWNSHIP OF HUDSON BY-LAW NO . . 4QQ7-19 A BY-LAW TO AMEND ZONING BY-LAW NO. 97-09 WHEREAS the Council of the Corporation of the Township of Hudson deems it advisable to amend By-law No. 97-09 (the comprehensive Zoning By-law of the Township of Hudson); NOW THEREFORE the Council of the Corporation of the Township of Hudson ENACTS as follows: 1. Section 10 of By-law No. 97-09 is hereby amended by the addition of the following at the end thereof: "(5) USES PERMITTED IN RU-2 ZONES No person shall within any RU-2 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following RU-2 uses, namely: (a) RESIDENTIAL USES: prohibited. (b) NON-RESIDENTIAL USES: a cemetery. (6) SPECIAL PROVISIONS FOR RU-2 ZONES No person shall within any RU-2 zone use any lot or erect, alter or use any building or structure unless in accordance with the provisions of Sections 3 and 10(2), except as provided for in the following provisions: (a) LOT AREA (minimum): - 10. 0 hectares (b) BUILDING AREA (minimum): -5% (c) BUILDING SETBACK, FRONT (minimum): 5.0 metres (d) BUILDING SETBACK, REAR (minimum): 5.0 metres (e) BUILDING SETBACK, SIDE (minimum): 5.0 metres (0 EXCAVATION AREA: Not withstanding any other provision herein to the contrary, no excavation for the burial of a body shall be permitted within the front, rear and side set backs established above. 2. Schedule A, attached to and forming part of By-law No. 97-09 is hereby amended by changing from CM-2 the zone symbol on the lands designated "ZONE CHANGE TO RU- 2" on Schedule 'A' hereto. 3. Schedule 'A', attached hereto, is hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. 4. This By-law shall become effective on the date hereof subject to: (i) the expiration of the time period specified for the filing of objections by the Notice of the Passing of this By-law, provided that no notice of objection has been filed within the time period specified; or (ii) the determination or direction of the Ontario Municipal Board where an objection to the approval of this By-law has been filed within the time specified in the Notice of the Passing of this By-law. THIS BY-LAW read a first and second time this .. 4 ... day of Q~t.QR~l'.", 2007. THIS BY-LAW read a third time and passed this . .'? .... day of<?.<?~~~-E;.1:, 2007. Signex ~ \ ~ e- ve) (SEAL) Signed: J LEGEND 1\\\1 ® METRES 250 0 250 nJ7..fl_____j ZONE CHANGE TO RU-2 'llB Plantario Gro.lp ltd. 9 Cres::ait Place - &lite 2109 F.l'Sr YORK, Ontario M4C 5L8 (416) 698-3655 SCHEDULE 'A' BY-LAW NO. 2007-19 SOUTH HALF OF LOT 8, CONCESSION II TOWNSHIP OF HUDSON DISTRICT OF TIMISKAMING "-._../ THIS IS SCHEDCTLE 'A' TO BY-LA/t' NO. 2007-19 ___ PASSED THE ____ 4_ __ / oAr oF -Oct,,ober J ,-~ : 007_ - (REE ~ ( -~ -----t_:/ / -------'-..-~ S::~~ ------- ~~470~~---::~ DWG NO. : 0670/5 - A DRAFTED: 13 July '07 REVISED: 2 Aug '07 SECTION 11 ADMINISTRATION (1) ZONING ADMINISTRATOR This By-law shall be administered by the Zoning Administrator. (2) ISSUANCE OF PERMITS AND LICENSES Notwithstanding any provision of the Building By-law or any other by-law of the Corporation to the contrary, no permit or license shall be issued where the proposed building, structure or use would be in violation of any provision of this By-law. (3) REQUESTS FOR AMENDMENTS Every request for an amendment to this By-law shall be accompanied by three (3) copies of the Corporation's "APPLICATION FOR AMENDMENT TO OFFICIAL PLAN AND/OR ZONING BY- LAW". (4) INSPECTION (a) CONDITIONS FOR ENTRY: Subject to clause (b) of this subsection, the Zoning Administrator, Chief Building Official or any other officer or employee of the Corporation, acting under the direction of Council, is hereby authorized to enter, at reasonable hours, upon any property or premises for the purpose of carrying out his duties under this By-law. (b) RESTRICTIONS FOR ENTRY OF DWELLING UNITS: Notwithstanding any provision of clause (a) of this subsection to the contrary, no officer or employee of the Corporation shall enter any room or place being used as a dwelling unit or part thereof without the consent of the occupant, except under the authority of a search warrant issued pursuant to the Provincial Offences Act. 15 August 1997 23 August 1996 REVISED: 30 October 1994 61 SECTION 12(5) ADMINISTRATION (5) VIOLATIONS AND PENALTIES Every person who uses any lot, or erects, alters or uses any building or structure or any part of any lot, building or structure in a manner contrary to any requirement of this by- law, or who causes or permits such use, alteration or erection, or who violates any provision of this By-law or causes or permits a violation, shall be guilty of an offence and, upon conviction therefor, shall forfeit and pay a penalty, at the discretion of the presiding justice, not exceeding Twenty Thousand Dollars ($20,000.00), exclusive of costs, on the first conviction and on a subsequent conviction a fine of not more than Ten Thousand Dollars ($10,000.00) for each day or part thereof upon which the person was first convicted. Where a corporation is convicted under the above, the maximum penalty that may be imposed may not exceed fifty Thousand Dollars ($50,000.00) on the first conviction and on a subsequent conviction a fine of not more than Twenty-five Thousand Dollars ($25,000.00) for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. Every such penalty shall be recoverable under the Planning Act. (6) REMEDIES In case any building or structure is to be erected or altered or any part thereof is to be used, or any lot is to be used, in contravention of any requirement of this By-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of the Planning Act or the Municipal Act, in their behalf. ( 7) VALIDITY If any section, clause or provision of this By-law including anything contained in Schedule A attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part hereof, other than the section, clause or provision so declared to be invalid. It is hereby declared 15 August 1997 23 August 1996 REVISED: 30 October 1994 62 SECTION 11(7) ADMINISTRATION 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, notwithstanding that one or more provisions hereof shall have been declared to be invalid. REVISED: 15 August 1997 63 SECTION 12 REPEALS AND APPROVALS All by-laws of the Corporation passed under Section 34 of the Planning Act, or a predecessor thereof are hereby repealed. This By-law shall become effective on the date hereof subject to: {i) { ii) {iii) the expiration of the time period specified for the filing of objections by the notice of the passing of this By-law, provided that no notice of objection has been filed within the time period specified, or the determination or direction of the Ontario Municipal Board where an objection to the approval of this by-law has been filed within the time period specified in the notice of the passing of this By-law; or the Lieutenant Governor-in-Council confirming, varying or rescinding the decision of the Ontario Municipal Board where a notice was filed by the Minister of Municipal Affairs that a Provincial interest is, or is likely to be, adversely affected by this By-law, not later than thirty {30) days before the date fixed by the Ontario Municipal Board for a hearing of an appeal. THIS BY-LAW read a first and second time this f'6<.w11M1<.. 199?: day of TJIIS BY-~W read a third time and passed this l'fi:C.<!rrtJ-$~~ - - 1997: Signed: 15 August 1997 23 August 1996 REVISED: 30 October 1994 Signed: 64 day of l .) CON. V a.. J: en z 3:: 0 I- >- 0 z ~ ..J CON I LOT 12 /0 ~~ r AG I -- - ------- ---~--- I RU I I I RU I I I I ____ I ~-J- (Litt ~ Lake I I Sprti I IR L) ,, .... , . -- - ::- ~ 9 KERNS 8 :'.l 0 z 1 AG I AG Hillview NO. 65 RU AG 1 ' '--' I ,,,r -1--1--- -- 1-- - ,_ IJIIIJlilllllllfll1IIIIIIIIIIIIIIIIIIJIIIIIIIIII ~-- r I I CM-I CM-I _I __ _ FIRSTBROOK TOWNSHIP CON. IV a.. J: en z 3:: 0 I- 0 z 0 ::E >- 0 ZONE MAP Schedule A By-law no. qr-oq TOWNSHIP OF HUDSON '. 15 AUG:97 : 28 APR.197 : I FEB.197 : 23 AuG:96 '. 30 NOV 094 f)[VISEO: 4 AUG 094 DRAFTED: 18 OCT 0 93 DWG. N0.0673-A Legend Improved Road Unimproved Road Zone Boundary 1111111111111111111111111111111111111 General Residential GR Restricted Residential RR Commercial/ Industrial CM Open Space OS Sensitive SE Agriculture AG Rural RU THIS 1s SCHEDULE A TO BY--i..AW No.92:._ DC( PASSED THE2-DAY 0£l2~N14eL.199_2:: (REEVE/--==:--~-"""7..-,.-:;~----- (CLERn~ ~ ) ® METRES 500 0 500 1000 1500 lJU1J 7 I The Plantario Group Ltd 9 Cr·escerit Plflce - S w t e 2109 Toronto, Dnt:F.1r10 M4C 5LB (416] SSB-3655