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(47a) 25TH ANNIVERSARY 1855-1980 CORPORATION OF THE TOWN OF WHITBY (21a) THE PLANNING ACT NOTICE OF THE PASSING OF A BY-LAW BY THE CORPORATION OF THE TOWN OF WHITBY TO REGULATE LANDUSE PURSUANT TO SECTION 35OF THE PLANNING ACT Take Notice that the Council of the Town of Whitby has passed By-law 1080-80 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 1080-80 2. Schedule 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 to which the by-law applies (or, where there le 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- f icer of the Regional Municipality of Durham in which the land to which the by-law applies is situated. 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 filed 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 Ontario 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 does not come into effect until approved by the Ontario Municipal Board. THE LAST DATE FOR FILING OBJECTIONS IS DECEMBER 31,1980. 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 Clerk Town of Whitby 575 Rossland Road East Whitby, Ontario L1N 2M8 Schedule 1 The following is a copy of By-law 1080-80 THE CORPORATION OF THE TOWN OF WHITBY BY-LAW NO. 1080-80 BEING A BY-LAW TO AMEND BY-LAW 2585 WHEREAS the Municipal Council of the Corporation of the Town of Whitby deems it advisable to amend By-law 2585. NOW THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Corporation of the Town of Whitby by the Council thereof as follows:- (1) That Section 2, subsection (65) is hereby Iamended to read as foilows:- "PUBLIC GARAGE" means a building or part of a building in which motor vehicles are reparied, maintained, service , or equipped and where motor vehicle grease and other related produc- ts, except motor vehicle fuel are sold or kept for sale but does nlot include a car wash, an automobile sales establishment or a motor vehicle paint and body shop. "(2) That Section 2, subsect ion (79) is hereby amended to read as follows:- "STRUCTURE' means anything construc- ted or efrected, the use of which requires location on the ground, or at tached to some , thing having location on the ground. (3) That Section 2 is hereby f urther amended by adding the following additional subsections namely: (30a) (31a) 1 (48b) "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. (62a) "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. (62b) "POOL SUPPLYCENTRE"means a building or part of a building wherein pools, pool supplies and fixtures, including lawn furniture are displayed and kept for sale. (24a) "FAMILY RESTAURANT" means a building or part of a building where meals are prepared for immediate consumption and offered for sale or sold to the motoring public and may include facilities for table service and a service for consumption off the premises. (67a) "A 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 inicude anything in the nature of a greenhouse or a garden for the purpose of growing any such plants or shrubs. (2a) "AN AUTOMOBILE SALES ESTABLISHMENT" means a building or part of a building where automobiles and trucks are kept for sale, in- cluding servicing of the same. (48a) "A MOTOR VEHICLE PAINT AND BODY SHOP" means a building or part of a building where motor vehicles are customized, painted and/or repaired. (4) Section 5, subsection (1), paragraph (a) is hereby amen- ded by adding the additional symbol under the heading of "Commercial Zones", namely; C2-S - SPECIAL PURPOSE COMMERCIAL ZONE (5) That said By-law 2585 is hereby further amended by ad- ding the additional Section 16A to read as follows:- 16A - SPECIAL PURPOSE COMMERCIAL ZONE (C2-S) (1) USES PERMITTED No person shall within any C2-S zone use any lot, erect, alter or use any buidling 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 electrical supply centre equipment sales and rental - light a home improvement centre a home supply centre motor vehicle rentai a plumbing supply centre a public garage a public use in accordance with the provisions of Section 6(16) of By-law 2585 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 structure except in accordance with the following provisions:- (1) Lot coverage maximum for ail buildings Minimum frontage '--'J 40% of the lot area "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. "EQUIPMENT SALES AND RENTAL - LIGHT" means a building or part of a building or struc- ture in which light machinery and equipment, such as air compressors and related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equip- ment; concrete and masonry equipment; elec- tric tools and accessories, fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks and hydraulic equipment; lawn and gardentools; ladders; moving equipment; painting and decorating equipment; pipe tools and accessories; plum- bing tools and accessories; pumps; hoses; scaffolding; welding equipment; and other similiar tools and appurtenances are offered or kept for sale, rent, lease or hire, but shall not include the sale or rental of heavy machinery and/or equipment. "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. "HOME SUPPLY CENTRE" means a building or part of a building wherein furnitue and applian- ces and/or carpets and drapes and/or wail coverings and paints are displayed and kept for retail sale and may include the wholesale, ren- tal and servicing of such goods. Exterior side yard minimum width Rear Yard minimum depth Interior Side Yard 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 shal be provided on the side adjoining such Residential or Development zone. Any such re- quired side yard shall have a minimum width of Landscaped Open Space minimum (viii) Height of building Maximum 7.5 metres 7.5 metres 3 metres 10% of the lot area 10 metres Where the side or rear lot line abuts a Residen- tial or Development zone or a position of a street the opposite side of which portion of the street abuts a Residential or Development zone, planting strips adjoining such abutting lot line, or portion thereof, shal be provided within the C2-S zone, in accordance with the requirements for planting strips set out in Sec- tion 6(15) of By-law 2585. (x) Parking, Accessory Building etc. In accordance with theprovisionsof Section 6 of By-law 2585. 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 for an automobile sales establishment. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF NOVEMBER, A.D., 1980. Wm. H. Wallace Clerk-Administrator James C. Gartshore Mayor. SCHEDULE 2 1. The purpose and effect of By-law 1080-80 is to add a new zone category, 'Special Purpose Commercial' (C2-5) to Restricted Area By-law 2585. 2. The key map showing the location of lands affected by By-law 1080-80 is not necessary as the by-law amen- dment is a text change only to By-law 2585. STATEMENT OF CONFORMITY TO THE OFFICAL PLAN FOR THE REGIONAL MUNCIPALITY OF DURHAM 1, Mofeed Michael, the Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 1080-80 of the Town of Whitby and i am of the opinion that this By-law is in conformity with the Durham Regional Of- fical Plan as amended. Dated this 1st day of December, 1980. Dr. M. Michael, M.C.I.P. Commissioner of Planning Commissioner 0f Planning 1~~ Front Yard minimum depth 30.5 metres 7.5 metres Affl m 1 ,la SCHEDULE 3