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ADMINISTRATION
SECTION 6
Loyalist Township
6-1
6.1
ZONING ADMINISTRATION
This By-law shall be administered and enforced by the Chief Building Official or such other person
as may be appointed by the council of the Corporation of Loyalist Township.
6.2
ISSUANCE OF BUILDING PERMITS
1)
No building permit shall be issued where the proposed building, structure,
excavation, use or activity would be in violation of the provisions of this By-law.
2)
Where the approval of another agent or authority is required, this shall mean that
the written approval of such agent or authority shall be obtained by the applicant
and submitted to the Chief Building Official at such time as an application is
made for a building permit.
3)
Every application for a building permit on lands considered in the flood plain
shall be accompanied by a plan(s) drawn to the appropriate scale showing the
following:
i)
the location and use of all existing and proposed buildings and
structures;
ii)
existing and final contours at 0.3 metre intervals;
iii)
erosion and siltation control procedures;
iv)
the location of the floodline; and
v)
flood proofing measures.
6.3
BUILDING OR STRUCTURES TO BE MOVED
No building or structure requiring a building permit for construction, shall be moved
within the area affected by this By-law without a permit from the Chief Building Official.
6.4
REQUESTS FOR AMENDMENTS
Request for an amendment to this By-law shall be accompanied by the Corporation's
"APPLICATION FOR ZONE CHANGE".
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SECTION 6
Loyalist Township
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6.5
ENFORCEMENT
6.5.1 PREVIOUS VIOLATIONS CONTINUED
Any building or structure illegally altered, enlarged, erected or renovated, any use illegally
established, or any lot illegally created prior to the date of passing of this By-law shall not become
legal solely by reason of the passing of this By-law. Where any such building, structure, use or lot is
in conflict with one or more of the provisions of this By-law, such building, structure, use or lot will
remain illegal and shall not be deemed to be legal in the By-law, except where specifically allowed
by law.
6.5.2 REMEDIAL ACTION
Where any matter or thing is required to be done by a person or corporation under the provisions
of this By-law, Council may direct that in default of it being done by said person or corporation,
such matter or thing may be done by the Township at the sole expense of the person or corporation
and the expenses thereof with interest may be recovered by the Township in accordance with the
provisions of the Municipal Act.
6.5.3 VIOLATION AND PENALTIES
Any person or corporation who uses any lot or erects or alters a building or structure in a manner in
contravention of this By-law is guilty of an offence, and upon conviction, is liable for the penalties as
herein outlined:
a)
Person
i)
Any person convicted of, by a Court of competent jurisdiction, a breach of this
By-law shall forfeit and pay at the discretion of the convicting Justice, a penalty not
exceeding the sum of Twenty Five Thousand ($25,000.00) Dollars (exclusive of
costs) for the first offence; and
ii)
For a subsequent offence, a penalty not exceeding the sum of Ten Thousand
($10,000.00) Dollars (exclusive of costs) for each day or part thereof upon which
the contravention has continued after the date of the first conviction.
b)
Corporation
i)
Any Corporation convicted of, by a Court of competent jurisdiction, a breach of
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SECTION 6
Loyalist Township
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this By-law shall forfeit and pay at the discretion of the convicting Justice, a penalty
not exceeding the sum of Fifty Thousand ($50,000.00) Dollars (exclusive of costs)
for the first offence; and
ii)
For a subsequent offence, a penalty not exceeding the sum of Twenty-Five
Thousand ($25,000.00) Dollars (exclusive of costs) for each day or part thereof
upon which the contravention has continued after the date of the first conviction.
c)
Continuation of Offence
Upon a conviction being entered under the provisions of subsection (a) or (b) of this
Section, the Court in which the conviction was entered and any Court of competent
jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in
this By-law, make an Order prohibiting the continuation or repetition of the offence by the
person or Corporation convicted.
6.6
OCCUPANCY
1)
Certificate of Occupancy
No change shall be made in the use of any land, building, structure or excavation
until a Certificate of Occupancy has been issued by the Chief Building Official,
to the effect
that the proposed use conforms to this By-law.
2)
Occupancy of Uncompleted Dwelling Houses
No dwelling house shall be used for human habitation until the Building Code
Act and the regulations thereunder have been complied with and, in any event,
not before the main side walls and roof have been erected; the external siding
and roofing completed; and kitchen, heating and sanitary conveniences have
been installed and rendered usable, safe and fit for human habitation.
6.7
INSPECTION
The Chief Building Official, Building Inspector or any other officer or employee of the
Corporation, acting under the direction of the Council, in accordance with applicable
law, is hereby authorized to enter, at all reasonable hours, upon any property or
premises in which there is reason to believe that the provisions of this By-law are not
being obeyed, for the purpose of carrying out the duties under this By-law.
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The Chief Building Official, Building Inspector or other employee of the Corporation
shall not enter any room or place actually being used as a dwelling without the consent
of the occupier, except under the authority of a search warrant issued under the
Provincial Offences Act.
6.8
REMEDIES
Where any building or structure is to be erected, altered, reconstructed, extended or
part thereof is to be used, or any lot is to be used, in contravention of any requirements
of this By-law, such contravention may be restrained by action at the instance of any
ratepayer or the Corporation pursuant to the provisions of The Planning Act or The
Municipal Act.
6.9
VALIDITY
If any section, clause or provisions of this By-law, including anything contained on the
Key Map and Schedules attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-law
as a whole or any part thereof, other than the section, clause or provision so declared
to be invalid and it is hereby declared to be the intention that all the remaining sections,
clauses or provisions of this By-law shall remain in full force and effect until repealed.
6.10 ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the Zones as
shown on the Zoning Schedules, the following rules apply:
1)
Where Zone boundaries are indicated as approximately following lot lines, such
lot lines shall be deemed to be the said boundaries.
2)
Where Zone boundaries are indicated as approximately parallel to any street
and the distance from such street is not indicated, such zone boundaries shall
be construed as being parallel to such street and the distance therefrom shall be
determined by the use of the scale of the said Zoning Schedules at the original
scale.
3)
Unless otherwise indicated on the Zoning Schedules, streets, lanes or right-of-
way, such as for railroads or electrical transmission lines, shall be deemed to be
in the same zone as the adjacent lands and where such streets, lanes or right-
of-way separate different zones, unless otherwise indicated on the Zoning
Schedules, the centrelines of these shall constitute the boundary between
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SECTION 6
Loyalist Township
6-5
zones.
4)
Where any uncertainty still exists as to the zone location of such streets, lanes or
right-of-way, they shall be assumed to be within the Open Space (OS) Zone.
5)
Where a zone boundary is indicated as passing through undeveloped land, then
the location of such boundary shall be determined in accordance with the scale
of said Zoning Schedule(s) at the original scale.
6)
Where a zone boundary is indicated as following the corporate limits of the
Corporation of Loyalist Township, then such limits shall be the zone boundary.
7)
Where a zone boundary is indicated as following a shoreline, then such zone
boundary shall follow the shoreline, and, in the event of change in the boundary
of the shoreline, the zone boundary shall be construed as moving with the actual
shoreline.
6.11 ZONE PROVISIONS
The uses permitted, the minimum size and dimensions of lots, the minimum size of
yards, the minimum setback, the maximum lot coverage, the minimum landscaped
open space, the maximum height of buildings, and other zone provisions are set out in
Section 5 for the respective zones.
1)
Uses Permitted
Uses specifically named as permitted uses in a particular zone and classified
under the headings "Residential Uses" or "Non-Residential Uses" are the only
uses permitted in the particular zone in which they are named and classified.
2)
Reference to Permitted Uses
For the purpose of reference, all uses and related buildings, and structures named
as permitted uses and classified under the headings "Residential Uses" or "Non-Residential
Uses" may be referred to as Residential or Non-Residential uses, buildings, or structures
respectively.
6.12
ZONE REPRESENTATION
1)
Zone Symbols
The zone symbols listed in Section 6.1, and outlined on the Zoning Schedules,
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SECTION 6
Loyalist Township
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refer to the use of land, buildings and structures and excavations permitted by
this By-law in the said zone categories. Whenever in this By-law the word
"Zone" is used, preceded or followed by any of the symbols, such Zone
reference shall mean any area within the Corporation delineated on the Zoning
Schedules and designated thereon by the symbol.
2)
Special Zones and Provisions
Where the Zone Symbol designating certain lands, as shown on the Zoning
Schedules, is followed by a dash and a number, for example R1-11, then
special zone provisions apply to such lands. Such special provisions are found
by reference to the Subsection of the Zone Provisions of each Zone
classification entitled "EXCEPTION ZONE PROVISIONS". Lands zoned in this
manner shall be subject to all the restrictions of the Zone, except as otherwise
provided by the special zone provisions.
6.13 EXISTING BY-LAWS REPEALED
All Zoning By-laws which serve to regulate the use of land and the character, location
and use of buildings and structures within the Corporation of Loyalist Township are
hereby repealed in their entirety and the provisions of this By-law shall hereafter govern.
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SECTION 6
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ENACTMENT
THIS By-law shall come to force and take effect on its date of passing, subject to the
provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, C.p.13, in the
event a notice of appeal of this By-law is filed in accordance with subsection 34(19) of the Act.
Read a first and second time this 29
th day of August, 2001.
Read a third time and finally passed this 29
th day of August, 2001.
_Original Signed By _____
(Clayton McEwan) Reeve
_ Original Signed By ______
(Brenda J. Hamilton) Clerk