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THE OSHAWA TIMES, Saturday, April 2, 1960 TWP. OF WHITBY--ZONING BY-LAW NO. 1784 Prepared by the Township of Whitby Planning Board -- Approved by the Township of Whitby Council, February 27, 1960 LY al THE ONTARIO MUNICIPAL BOARD IN THE MATTER OF Section 27s of COUNCIL PLANNING BOARD TH Plering A, 198%, --and-- Reeve, WM. A. HERON; Deputy Reeve, W. HEBER DOWN, GORDON Chairman, WM. G. MANNING, B.A., GEO. LOFTHOUSE, WM. A. HERON, McMAHON, FRANK THOMPSON, JAMES BROOKS; Clerk, MURRAY W. HEBER DOWN, MURRAY POTTS, JOHN BATTY, THOMAS WILSON. ROBINSON. Consultants, MUNICIPAL PLANNING CONSULTANTS COMPANY, LIMITED, TORONTO This Notice is, by Order of The Ontarie Municipal Board, specifically di d to the of lend abutting on any part of the Township of Whitby with the seid land or lands being situate in the City of Oshawe, Town of Whitby, Township of East Whitby, Township of Reach or Township of Pickering. The Corporation of the Township of Whitby By-Law No. 1784 A BY-LAW TO REGULATE THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDING AND STRUCTURES The Council of the Corporation of the Younmbie of Whitby enacts as follows: (m) Ten Per Cent (10%) of Every Lot i " - » IN THE MATTER OF an application of The Corporation of the Townshir of Whitby for approval of its Restricted Area By-law 1784, passed the 27th day of February, 1960. Appointment For Hearing THE ONTARIO MUNICIPAL BOARD hereby appoints Wedieway, the 13th jay of April, 1960, at the hour of ten o'clock in the forenoon, at the Township of Whitby Council Chambers, Brooklin, Ontario, for the hearing of all parties. interested in supporting or opposing this application DATED ot Toronto this 4th day of March, 1960 B. VICKERS Acting Secretary 'Section 1 -- TITLE Section 3 -- ZONES This by-low may be cited as the Zoning By-low (a) Classification » i) The provisions of this by-law shall apply té all lands within other purpose than sodding and/or plantin Such sodding Section 2 ---- DEFINITION ' the limits of the Corporation of the Township of Whitby and/or planting areas shall he located either in the front which lands for the purpose of this by-law have been divided and/or side yords tructure, whether separate or attached, located on the mto various use zones as follows: (n) Parking Area Requirements same lot as the main building, the use of which is clearly Zone RI First Density Residential Parking areas are required under this by-law, other than for incidental to that of the main building, not used for human Zone R2 econd Density Residentiol single-family detached dwellings, in accordance with the habitation, and includes a private garage Zone R3 Third Density Residential following provisions: -- b) "BUILDING, MAIN" means the building in which is carried on Zone C1 Local Commercial i) The owner or occupant of every building or structure to be the principal purpose for which the building lot is used, and Highway Commerciol ereciec shall provide and maintain motor vehicle parking n the residential zone the dwelling is the main building Restricted Industrial spaces ond areos as follows ¢) "CLINIC" means a building or part of a building that is ; y Open Storage Industrial TYPE OF USE PARKING REQUIREMENTS ed solely by physicians and their patients for the purpose A Greenbelt Residentiol 1 space per dwelling unt of medical consultation, diagnosis, and office treatment > aaricuitural 5! 3 5 velling d) "COMMUNITY CENTRE" means land on which may b aricutturg Hotels space per guest room ji A x a i e y be sible uses, the minimum size and dimensions of Motels 1 space per unit erected one or more buildings to be used for community ; tivities, including recreational and institutional uses, with ts, the minimum size of yord and the maximum Theatres space per 6 seals y ' ercentage of building lots which may be occupied by build Assembly Halls and Educa- | space for every 6 seats or | space ercial uses incidental thereto. 'A ERAGE, LOT" means thot percentage of the lot area nos ore set out hereir and on | Sthedule A for i Bh tional Institutions per 100 sq. feel whichever is the ) ive land \ ne ny chte by the area of all buildings including accessory nd is attached herelc Churches e per 10 seat LOT" means the horizontal distance between the The extent and Iie f all the said Zones are shown Undertaking Establishment pace per 10 seat i reor lot lines. Where these lines are not paralle n ed B" which Schedule forms a part of this by-law Hospitals yace per 4 bed the length of a line joining the mid points of and tt ed heret r each 4 employe and rear lot lines (b) Zone Boundaries Retail stores anc ace per 100 sq NELLING, CONVERTED" means a dwelling altered t A t de ) hedule 'B"' have been esia- service sk ace ke a greater number of dwelling units which dwelling blis Y rol ¢ property lines, Township lot lines, Restaurant b erected prior to the passing of this by-| and where Nits ¢ ¢ vanc i railway right-of-ways, limits Office Building dwelling unit sholl have a mu at f aC i ' oo» mmiss f Ontario easements, y quare feet, exclusive of publi omr h : vioh or level mmetcial k of the -outsid J Nher ) : aries as shown on Schedule "'B than listed in : EF LY means ding re uncertain then th ng ns shall apply Industrial Building ¥, Soe cwelling unt : j cated as approximately par- . PY EVEL Means Fo dwelling. Jn trhich Te treet line or property line and the distance from Medical, Dental, Drugless spaces per doc 4 more ditferent levels. the verti of: distance e property line is not indicated, such bound Practitioners, Clin wit favels being. always leis thar the Tull Stores being parallel to such street line Shopping Centre Parking area fo times ground 4 y " distar theref shall be ac- floor o the purpose of this by-law a split-level dwelling shall distance therefrom sha area r { as a | storey dwelling » the scale shown on Schedule "B 1) Each parkir y waintained with a stable surface UNIT" means a room or a suite of A indicated as being the height-of- which is tre as to prevent the raising of dust or y esigned or intended for use by a person or eds such boundary shall be the limit of loose particles may be constructed of crushed stone, n which sanitary conveniences are provic and v h the zone is located slag, gra inders, having an asphaltic or portland facilities ore provided for cooking or the installa V boundary for a Greenbelt Zone is shown on cement binder, or any permanent type of surfacing with eq ment boundary of such zone shall be deter- nrovisions ~ drainage facilit proved by the Township. means one or more persons living as a single and ned acc cale shown on Schedule "B", except ii) Where a parking area' i a Residential Zone the t housekeeping unit and in a dwelling unit and n+ F 5 all the zone boundary be located closer ighting facil sho! nged as to direct and/or mers and/or boorders; but in no case shall the t y d er, stream, or watercourse than 100 reflect y the Residential Zone f roc and boarders, exceed two persons in fotal, t selow the high water level, whichever v) A parki shall hav it least one entrance and orie means the horizontal area rde c shol t rea v f ? a street or lane adjoining of r water course which is subject f ng extending through ve in which the parking area is OE LOT Shean the Section 4 -- GENERAL PROVISIONS IR ith = wet at ys AGE, LOT" means the t ' } \ t lines. Where such lot lines are not parallel the (a) Public Uses or driveway ot least fifteen feet (1 but not exceeding tage shall be the distance between the side | ne thing in th y-law shall prevent the use of any land twenty-five feet (25) in width, unless the driveway is a { on a line parallel to the front lot line and 25 e Y community park, playground, road allow= joint ingress and egress driveway, in which case the width ant therefrom 3% a or a statue, monuments, cenotaph, foun. shall be twenty-five feet (25 PUBLIC" .means a building other than a private or ornamental structure vi) The distance between driveways on any street shall be at irhood garage which is used for the care, repair hat is by-law shall not apply to the use least twenty-five feet (25°) ping of motor vehicles, or where such vehicles are J ' : the erection or use of any building or vii) The dist between an intersection of street lines and Stored for remuneration, hire or, sels the ose of the public service by The the nearest driveway shall be at least fifty feet (50 COURSE" means a public or private area operated , of the Township of 'Whitby or by any local viii) All parking areos shall be provided, where convenient, on the purpose of playing golf and does not include driving Srporat a a i Decaronl ov ony Joa the same lot where the building or buildings are situated, es, miniature courses and similor uses operated for Aff ee Rr 1950 Ct Hod 06 any tele; ranicipa but in no case shall a parking area be located more than mercial purposes Affair R54 0 papier, JO, ony Lois To three hundred feet (300') from the related building lot UND FLOOR AREA" means the maximum area 8legrap| mpany, any Conservation Authority establil ix) Notwithstanding Section 2 (zv), uncovered parking areas red to the outside walls, excluding, in the case of a by the mment of Ontario, any department of the shall be permitted in the front, side and rear yards pro= any private garage, porch, verandah er sun room Ontario or of Canada, including the Hydro viding that all other provi xs of this by-law are met 3 ch sun room is habitable ot oll seasor e sion of Ontario provided that where x) Every strip of land eight feet (8) in width lying along GHT, BUILDING" means the vertical distance between s c i r structure is located in any zone. -- 1. the lot line which we boundar ewe: G Lome average elevation of the finished surface of the ground r vod! aterial or equipment shall be stored in mercial or Industrial Zone and a Residential Zone, of the front of the building and 1, except as permitted in such Zone ; 2. the iot line of a parking orea of an institutional use, n the case of a flat roof, the highest point of the + 0 erage and yard requirements described which is adjocent to a Residential Zone, or roof surface or the parapet, whichever is the greater r nes shall be complied with, end 3. the lot line of a parking area which 'abuts a street, n the case of a mansard roof, the deck roof line, and ) fing erected under the authority of this shall be used for no other pur than for souding anc/of n the cose of a gable, hip or gambrel roof, the graf any Residential (R1,R2,R3) Zone shall planting exce for the arec hat are to be used for ine ahts between the eaves and ridge esigned and maintained in general harmony with ¢ ch an eight foot (8 trip she e of any accessory roof construction such ¢ jential buildings of the type permitted in such I the Commercial Zone or Industrial Zone tower, steeple, or television antenna ". ' the parking areas ir | ITAL, PRIVATE" means o pr 5 toto Cn os defined * Excepted Lands ond. Buildings php 3 sodde "The Private Hospitals Act, R.S.O. 195 this by-law shall apply planted may be computed as being port of the 100; ree HOSPITAL, PUBLIC' maears an institution as defi r \ f any land, building or structure for ferred to ir 4 (m The Public Hospital Act, RS.0. 1950, Chop. 307 F ; e prohioiled by the by- Tow if Such fond, builds {o) Loading Space eauletion HOTEL" means a. separate: building or Iwo Of more con r structure was lawfully used for such purpose on the i) Where a building or a structure is to be erected for a nected buildings used mainly for the purpose of catering to of the possing of the by-law, so long as it continues Commercial or Industrial purpose involving the shipping, the needs of the travelling public by the supplying of food br used for thet purpose: or loading or unloading of persons, animals or goods, the owner and also by the furnishing of sleeping accommodation of prevent the erection or use for a purpose prohibited by or occupant of the building or structure shall provide and not less than six bedrooms: os distinguished from any other the by-law of any building or structure, the plans for maintain on land that is not part of a highway or public Iding or connected buildings used mainly for the purpose which "have, prior fo the day of the passing of the by-law, street loading facilities composed of one or more spaces of supplying food and lodging by the week or otherwise ET i Ie each at least 30 feet long and 12 feet wide and having a commonly known as boarding houses or of furnished living sigs hg Sl . h vertical clearance of not less than 14 feet with access to auarters for families, and have a dining room or restaurant specto > long as the building or structure when erected t less than 20 feet wide as follows -ammonly known as apartment houses or private hotels s used and continues to be used for the purpose of which a lane not less than 20 fee de ow J) "HOUSING PROJECT" means a group of dwellings erected t wos erected and provided the erection of such building Number of Loading during a period of not more than two years in accordance or structure is commenced within two years ofter the day Floor A of Buildings paces with a development programme or plan. of the passing of the by-law and such building or structure 5,000 square feet or less from 5,001 No. loading spaces y "LOT" means any parcel of land whether or not such parcel s completed within a reosonable time after the erection square feet to 25,000 square feet I loading space is described in o registered deed or shown in a registered thereof is commenced from 25,001 square feet to 100,000 plan of subdivision (c) Greater Restrictions square feet 2 loading spaces w) "LOT LINE, FRONT" means the line that divides the lot This by-law shall not be effective to reduce or mitigate any for every 100,000 square from the stre provided that in the cose of a corner lot restrictions lawfully imposed by an governmental authority portion thereof in exce I additional loading the shorter lot line that so abuts the street is deemed to be having jurisdiction to make such restrictions. 1000,001 square feel space the front line of the lot and the longer line that so abuts (d) Lots Having Less Area Than Required , : the street is termed o side line of the lot Where a lot having a lesser frontage or area than that re- (m) Sign Regulations ¢) "LOT LINE, REAR" means the lot line opposite the front quired herein is held under distinct and separate ownership Residential Zone fot line + from adjacent lots at the time of the passing of this by-low as In Residential Zones the following signs shall be permitted: y or LINE, SIDE rears, any lot lines other than the front wn by a registered conveyance in the records of the Registry 1. A sign not exceeding one square foot in area indicating lot line and the rear lot line che r Land Titles office, a building may be erected and t the name and profession of a doctor, dentist, or drug- x) "LOT AREA" means the horizontal area within the boundary auch Salle Tot providad thot IF CORIO s Tor Other require- less practitioner or the name of the resident : ines _o " ion. of ments of this by.law 2. One non-illuminated sign advertising the sale, rental 2a) LOT STRIER pg ot tue a F the purpo 4 of this tion, lots on the following regist d or lease of the building, structure or lot. A Rh Hatta nor mors thon 178 shall be considered as being held under separate owners One non-illuminated trespassing, safety or caution sign 3 not exceeding six square feet in areo, + Campbell and May Plan, McGee Plan, B, F. Perry Plan, it) Agricultural and Greenbelt Zones MOTEL" means a building comprising not s thon & Wallace, Farewell, and Keller Plan Nos, 396, 467, 477, In Agricultural and Greenbelt Zones the following signi "sleeping units or dwelling units, occupied or intended to 496, 504, 513, 534, 536, 537, 541, 545, 550, 562, 565, shall be permitted be occupied temporarily by automobile tourists or transients, 591, 596, 600, 601, 605 610 638, 657, 691, 698, 1. All signs permitted in Residential Zones th mach unit having its own parking space conveniently 725 2. A sign not exceeding 12 square feet in area adv on the site ond each sleeping unit being self- Frontage on Public Street tising form products raised or produced on the prem- its own bathroom with water closet No ¢ shall erect any building or structure in any zone ises; or recreational facilities s in and ao bath or shower . ot. upon which such building or structure is to be ommercial Zone NON CONFORMING USE" means the use of land, structure recte: n ipon an improved public street which hos ae In Commercial Zones the following signs shall be permitted: r building which does not comply with the provisions of " f feet or more 1. All signs permitted in Residential Zones. law for the zone in which such land, structure or llowing streets are exempt from this section 2. A business: sign.not in excess of 300 square feet situated, as of the dote of the passing of this rharr treet, Pearl Street, Church Street, Simcoe Street, v) Lighting ot Signs tke Street, F freet and Way Street here lighting facilities and/or illuminated signs are pro- means an orea provided for the parking Reduction of Requirements Where gt be arranged so as to reflec away nid of | ott vehicles and shell include gtsles, parking of No person shall change the purpose for which any land or build abutting Residential Zones or uses and no flashing or inter +4) PARKING LOT" means o porking area operated by either 3 1s used or erect ony new building or addition to ony existing mittent illumination shall be used in any zones, except in 4 ate rganization for public use building or sever any lands from any existing parcel if the any Industrial Zone PARKING © means an area of no s than 200 of 'such action to cause the original, adjoining or v) Projection square foe! x 20 feet), exclus frivew remaining buildings or londs to be in contravention of this Signs shall be attached flat against the wall of the building aisles, for the 1 temporary parking or storage of motor veh cles. ( Fy ht T A and shall not project more than two feet from the wall PERSON" means ony individual association, firm riner 9) Sight Triangles such building. In the case of automobile service stations neorporoted company, On a corner lot with e triangular space formed by the street one identification standard will be permitted not closer G YARD means land or buildings used for an ines for a distance of 40 feet from their point of intersection than 10 feet to the front lot line HE no vard or premises, the keeping and edge, shrub, tree. or fence shall be planted, maintained vi) Temporary Signs ng of wets paper, rugs, bones, bottles, bicycles, auto or erected which would obstruct the vision of vehicular traffic, Temporary signs of an areo not more than 50 square feet e tire id metal, other scrap material or salvooce and h) Building Repair shall be allowed on land on which construction work is in No less than ten per cent (109%) of the area of every lot on vy which a building or structure is erected shall be used for nn raw I aha J > 8 Sie= Ah (eo) "BUILDING, ACCESSORY" means a subordinate building or the strip of land so, sodded or or INTERIOR" means a lot other than o corner vhere such materials are bought, sold, exchanged, baled, Nothing in this by-law shall prevent the strengthening to a progress disassembled or handled Y SEWERS" meons o system of h carries sewage to a place of treatment which with approval of the Ontario Water Resource means on authorized academic school under the n of a Public School Board, @ Hioh School Board eparate School Board or a Board of Education SCHOOL, COMMERCIAL" means a school conducted for hire or cain, other than on academic school and includes the tudio of a dancing teacher, m teacher, an art school, f sch school of calisthenics, business or trode school SERVICE STATION AU TOMOBILE me o r ace where gasoline, oil, grease, anti-freeze, tires, tube tire accessories, lctric light bulbs, spark plugs, batteries for motor vehicles are stored or kept ale, or where mc tor ehicles may be oiled, arecsed or washed, or have their nition adiusted. ties inflated or batteries charged or where minor or running repairs essential to the actual opera t mat ehicles are executed or performed HOP, SERVICE" means a building or part of a building and whether conducted in conjunction with a retail shop or net for the repair, sale or servicing of articles or materials he manufacturing of the same ME FEMTREY means a group of commercial designed, developed and managed os a . Yor aroup of owners or sing unrelated SIGHT TRIANGLE" meons o triangle that is formed by the tersaction wo ts, and o line joining two point t sre 40 feet back from the intersection STORE, RETAIL" means o building where commodities of least 80 per cent are new, are stored, wored or r n limited quantities as opposed to the whole- f hon which lies between tf rfo 0 The. floor ond surface of the next flo r if there no above it, then the space between such floor and the oof next above it ONE HALF eans the portion of a fing | or in port within the roof and ufficient space fo provide a height ond finished ceiling 'of at least sev ver a floor area equal to at least 50 floor next below 5 means a public highway having @ minimu Ath of 66 feet which affords a principal means of access abutting lots TREET LIN means the lim f the . e and is the dividing Wine between a Tot ond o street YARD eons an open overed ond NoccupIe e rtenont to building YARD, EXTERIOR SIDE" means de yard immediately 5 c street a ARD FROM mear a tendi he full width of building lot potion the "street or front boundary f the lot d the nearest part of any building or structure on the lot, 4r the nearest open storage se on the lot INTERIOR SIDE" means a side r mmediatel nearest to the renr yard and from the side baundar building lot to the nearest part of any building or, stru on the let, er the nearest open storage use en the lot dition of any building or structure or part of any such p ire that is a non-conforming use, provided i t r r does not contravene the provisions of this by-law by increas ng the height, size or volume or change the use of such building or structure i) Continuation of Farming Uses Noth no herein contained shall prevent the continued use of any building or structure or additions to such building er ucture for farming purposes (i) Accessory Uses Where this by-law provides that land. may be used or @ building r structure may be erected or used for a purpose, that purpose | include any accessory use incidental thereto (k) Existing Rgistered Plans Nos. 582, 615, 603, 628, and 643 Residential deve nent will be permitted on lots in registered 582, 615, 603, 628, and 643, in accordance 'with the of the Third Density Residential (R3) Zone, Where ch a lot hos a lesser: frontage or area than that required herein a dwelling may be erected and used on such smaller building lot provided thet it conforms te all other requirements of this by-law (I) Roads rt i depths as required under 1 v the f vin d ollowance width and building Distance Planned from ah Seve of Road Line te ROAD PORTION Bu way No. 2 Entire Length Thickson Road Highway No \ Highway Ne Highway 5 Ashburn to Tow ownship D'Hillier Hw 12 to Township Fast Limit 4 Entire Length Highway No. 401 te Entire Length ty Rood 5A to ¢ y J th Con. Road County Road No. & West Limit to Ash Gibb St. Extension 5 to ity Louisa St, Extension Town Whitby to Eity rbon Rd. No In the case of conflict with any other provisions ef this by-law the grecter restriction applies (q) Automobile Service Stations and Public Garages Notwithstanding the provision of Schedule "A", the following additional provisions shall apply to automobile service sta- tions and public garages i) Pump Location--notwithstanding Section 2 (sv) on auto- mobile service station pump island shall be aliowed in the front and side yards subject to the following: 1. The minimum distance from the face of pump island to the street line shall be 15 feet. 2. The minimum distance from the face of pump island to sight triangle shall be 10 feet #) Ramps 1. The minimum width of ramp shall be 30 f 2. The minimum distance between ramps shall be 15 feet measured along the street line 3. The minimum distance from the intersection of the street lines to any ramp shall be 15 feet measured along the street line 4. The minimum angle between ramp and sir line hall be 30 degrees {rn Lunes os yards a lot abuts a lane, one-half of the width of the lane nay be c iered part of the lot for the purpose of com iting the area of the lot and for the ¢ ose of computing the depth of o rear yard required under this by-law (x) Greenbelt Zones No part of ~ Greenbelt (G) Zone shall be used in calculating the lot frontage. lot arén, coverane, ar yards required by this by-low fon in adiacant zones Section 5 -- FIRST, SECOND AND THIRD DENSITY RESIDENTIAL (R71, R2, R3) ZONE » person shall hereafter use any land or erect or use a building structure in a Residential (R1, R2, or R3) Zone except in srdance with the following provisions Uses Permitted ) Residential tingle family, detached dwellic n all Residential (R1, R2 ond R3 nes. Converted dwellings in Residential (R2 an R3) Zones only Institutional Hospitals (Put d Private), clinics, libraries, churches, schools (public, private, separate nursery), community cén= tres, nursing homes; provided such use is not in connection with a private residence Recreal Golf courses, and | Home Occupation The offices of a veterir r cian, dentist or drugless practitioner located in hi velling used sch veterinare an, physicion, dentist or less practitioner as his private esidence, such offices to be used for consultation and emer- gency treatmiz=t only, but shall not be in the nature of linics or private Hospitals, and in the case of a veterinar« an's office there shall be no boa wg of animals. Nothing hall prevent a person from carryir n any domestic or ousehold art in h wn residence provided: # doss' fot 2Ffect + ve f the fi Aree Requirements Residential R1, R2, or R3 ne erect or U - k or structure exce in accordance with the pro isions sof aut In Schedule "A". n wronane usta una