The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

\VIIITIY FREEUPRFSS. WV:DNJîI- Âv i. M 1î(r It tIU l IAfl J ".E("~I'ý*1 125TH ANNIVERSARY 1855-1980 CORPORATION OF THE TOWN OF WHITBY THE PLANNING ACT NOTICE OF THE PASSING OF A By-LAW BY THE CORPORATION OF THE TOWN OF WHITBY TO REGULATE LAND USE PURSUANTTO SECTION 35OF THE PLANNING ACT Take Notice that the Council of the Town of Whitby has passed By-law 1079-80 on the twenty-fourth day of Novem- ber, 1980 pursuant to the provisions of Section 35 of The Planning Act. The following Schedules are attached hereto: 1. Schedule 1, being a copy of By-law 1079-80 2. Scehdule 2, consisting of the following: (1) An explanation of the purpose and effect of the by-law. (2) A key map which shows the location of the lands which the by-law applies (or, where there is no key map, an explanation as to why a key map is not included.) 3. Schedule 3, being a statement of the chief planning of- ficer of the Regional Municipality of Durham in which the land to which the by-law applies is situate. ANY PERSON INTERESTED MAY, within twenty-one days after the date of mailing, personal service or publication of this notice, file with the clerk of the Town of Whitby notice of an objection to the approval of the said by-law or part thereof together with the details of ail or that portion of the by-law to which there is objection and detailed reasons thereof. ANY PERSON wishing to support the application for ap- proval of the by-law may, within twenty-one days after the date of the mailing, personal service or publication of this notice, file with the clerk of the Town of Whitby notice of support of the application for approval of the said by-law. If no notice of objection has been flied with the clerk of the municipality within the time provided, the by-law thereupon comes into effect and does not require the ap- proval of the Ontarlo Municipal Board. If a notice of objection has been filed with the clerk of the municipality within the time provided, the by-law shall be submitted to the Ontario Municipal Board and the by-law d6es not come into effect until approved by the Ontario Municipal Board. THE LAST DATE FOR FILING OBJECTIONS IS DECEMBER 31st, 1980. THE OBJECTIONS MUST BE RECEIVED BY THIS DATE IN ORDER TO BE VALID. Dated at the Town of Whitby this tenth day of December, 1980. Donald G. McKay, Town Cler.k Town of Whitby 575 Rossland Road East Whitby, Ontario L1N 2M8 Schedule 1 The following is a copy of By-law 1079-80 THE CORPORATION OF THE TOWN 0F WHITBY .BY-L AW 1079-80 BEI NG A BY-LAW TO AMEND BY-LAW 1784 WHEREAS the Municipal Council of the Corporation of the Town of Whitby deems it advisable to amend By-law 1784. NOW THEREFORE, BE IT ENACTED, AND IT IS HEREBY ENACTED as a By-law of the Corporation of the Town of Whitby by the Council thereof as follows:- 1. That Section 2 subsection (n) is hereby amended to read as folîows: "PUBLIC GARAGE" means a building or part of a building in which motor vehicles are repaired, maintained, serviced, or equipped and where motor vehilce grease and other related produc- ts, except motor vehicle fuel, are sold or kept for sale but does not include a car wash, an automobile sales jestablishment or a motor vehicle paint and body shop. 2. That Section 2 of said By-law is hereby further amended by adding 'he following subsections: (aa) "AUTOMOBILE SALES ESTABLISHMENT" means a building or part of a building where automobiles and trucks are kept for sale, in- cluding servicing of the sdme. (ka) "FAMILY RESTAURANT" means a building or a part of a building where meals are prepared for immediate consumption and offered for sale or sold to the motoring public and may in- clude facilities for tables service and a service for consumption off the premises. (zba) "MAJOR ELECTRICAL SUPPLY CENTRE" means a building or part of a building wherein major appliances, electrical supplies and/or fixtures are kept for sale, including wholesale and servicing. (ja) "EQUIPMENT SALES AND RENTAL - LIGHT" means a building or part of a building in which light machinery and equipment such as air compressors&related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and ac- cessories; fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks and hydraulic equipment, lawn and garden tools; ladders; moving equip- ment; painting and decorating equipment; pipe tools and accessories; plumbing tools and ac- cessories; pumps; hoses; scaffolding; welding equipment; and other similiar tools and appur- tenances; are offered or kept for sale, rent, lease or hire but shall not include the sale or rental of heavy machinery and/or equipment. (qd) "HOME IMPROVEMENT CENTRE" means a building or part of a building wherein building materials, hardware or accessories including lumber are displayed or offered for sale or rent. (qb) "HOME SUPPLY CENTRE" means a building or part of a building wherein furniture and applian- ces and/or carpets and drapes and/or wall coverings and paints are displayed and kept for retail sale and may include the wholesale, ren- tal and servicing of such goods. (zcd) "MOTOR VEHICLE PAINT AND BODY SHOP" means a building or part of a building where motor vehicles are customized, painted and/or repaired. (zcb) "MOTOR VEHICLE RENTAL" means a building or part of a building wherein motor vehicles are kept for rent or hire but does not include a taxi stand or the sale of motor vehicles. (zha) "PLUMBING SUPPLY CENTRE" means a building or part of a building wherein plumbing supplies and accessories and/or plumbing fix- tures are kept and offered for sale including wholesale and servicing. (zhb) "RETAIL NURSERY" means a building or part of a building in which nursery plants and shrubs, fertilizer and other gardening ac- cessory supplies are kept and offered for retail sale, and shall also include a structure in the nature of an enclosed area for the display of nursery plants and shrubs but shall not include anything in the nature of a greenhouse or a garden for the purpose of growing any such plants or shrubs. (ua) "LANDSCAPED OPEN SPACE" means open unobstructed space on a lot which is suitable for the growth and maintenance of grass, f lowers, bushes and other landscaping, and notwithstanding the foregoing, includes any surfaced walk, or patio, but does not include any driveway, ramp or motor vehicle parking area, whether surfaced or not. 3. SECTION 3 Section 3 (d) (i) of said By-law is amended by adding the following additional Zone: Zone C2-S - Special Purpose Commercial 4. By-law 1784 is further amended by adding the following additional Section, namely Section 7E as follows: Section 7E Special Purpose Commercial (C2-S) Zonè <1> Uses Permitted: No person shall within any C2-S Zone use any lot, erect aller or use any building or structure for any purpose, except one or more of the following C2-S uses, namely: a> Residential uses: prohibited b) Non-Residential Uses: an automobile sales establishment a family restaurant a major elec trical supply cent re equipment sales and rentai - light a home improvement centre a home supply centre motor vehicle rental a plumbing supply centre a public garage a retail nursery (2) Zone Provisions: No person shall within any C2-S Zone use any lot or erect, alter or use any building or struc, ture except in accordance with the following provisions:- 1) Lot Coverage Maxlum for ail buildings il) Minimum frontage iii) Front Yard Minimum Depth iv) Exterior Side Yard Minimum Width v) Rear Yard Minimum Depth 40% of the lot area 30.5 metres 7.5 met res 7.5 metres 7.5metres vi) InteriorSideYard No interior side yard is required provided that if any building or structure is to be erected, altered or used on a lot immediately adjoining a Residential or Development zone, an interior side yard shall be provided on the side ad- joining such Residential or Development zone. Any such required side yard shall have a minimum width of 3.0 metres vi) LandscapedOpen Space 10% of the Minimum lot area vii) Height of Building Maximum 10.0 met res viii) Where the side or rear lot line abuts a Residen- tial or Development Zone or a portion of a street the opposite side of which portion of the street abuts a Residential or Development Zone, such lot shall not be used for any of the uses permitted by this By-law unless and until a planting strip is provided and maintained ad- joining such abuttinq lot line within the C2-S Zone of a row of trees or a continuous unpier- ced hedge of evergreens or shrubs not less that 1.5 metres high. . ix) Parking Accessory Buildings, etc. In accordance with the provisions of Section 4 By-law 1784. x) Open Storage The permitted uses and other operations in- cidental thereto, including storage of goods, chattels and materials, shall be carried on within the confines of a building, provided, however, that nothing herein shall be deemed to'prevent the outside parking of automobiles during normal business hours by the owner, tenants, employees and customers, nor shall It prevent the outside storage of automobiles or trucks on property, used as an automobile sales establishment. BY-LAW FINALLY 1980. A FIRST, SECOND AND THIRD TIME AND PASSED THIS 24th DAY OF NOVEMBER, A.D., Wm. H. Wallace Clerk-Administrator James C. Gartshore Mayor SCHEDULE 2 1. The purpose and effect of By-law 1079-80 is to add a new zone category, 'Special Purpose Commercial' (C2-5) to Restricted Area By-law 1784. 2. The key map showing the location of lands affected by By-law 1079-80 is not necessary as the by-law amen- dment is a text change only to By-law 1784. SCHEDULE 3 -STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM 1, Mofeed Michael, the chief Planning Officer of the Regional Municipality of Durham, have reviewed By-law 1079-80 of the Town of Whitby and I am of the opinion that this By-law is in conformity with the Durham Regional Of- ficial Plan as amended. Dated this lst day of December, 1980. Dr. M. Michael, M.C.I.P. Commissioner of Planning 4M). D