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2983 To amend Zoning By-Law Number 1994, as amended. Baldwin PlaceTHE CORPORATION OF THE TOWN OF TILLSONBURG Y BY-LAW NUMBER 1" 2 C93,,,3 A By -Law to amend Zoning By -Law Number 1994, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By -Law Number 1994, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By -Law Number 1994, as amended, is hereby amended by changing to R2-6, R2-6 (H), R2-7, R2-7 (H), R3-22, R3-22 (H), O and O -4(H) the zone symbol of the lands so designated R2-6, R2-6 (H), R2-7, R2-7 (H), R3-22, R3- 22 (H), O and O -4(H) on Schedule "A" attached hereto. 2. That Section 7.3 to By -Law Number 1994, as amended, is hereby amended by adding the following subsections at the end thereof. 7.3.6 LOCATION: BALDWIN PLACE, PT LOT 8, CON 12 (DEREHAM), R2-6 & R2 -6 (L!) 7.3.6.1 Notwithstanding any provisions of By -Law Number 1994 to the contrary, no person shall within any R2-6 or R2 -6(H) Zone use any lot, or erect, alter or use any building or structure for any purpose except the following: a single detached dwelling. 7.3.6.2 Notwithstanding any provision of By�Law Number 1994 to the contrary, no person shall within any R2-6 or R2 -6(H) Zone use any lot, or erect, alter or use any building or structure except in accordance with the following provisions: 7.3.6.2.1 LOT FRONTAGE: Minimum Width 12.2 m (40 ft) Except that in no case shall the lot frontage of a corner lot be less than 15 m (49.2 ft). 7.3.6.2.2. LOT AREA: Minimum 330 m2 (3,552.2 fig) The Corporation of the. Town of Tillsonbur- By-Law Number T 2 9 8 3 _..Page 2 7.3.6.2.3. LOT DEPTH: Minimum 7.3.6.2.4. LOT COVERAGE: 27.5 m (90.2 ft) Maximum for all buildings 50% of lot area 7.3.6.2.5. FRONT YARD: Minimum Depth 5 m (16.4 ft) Except for the lot located at the northwest corner of BJdwin Street and Fairs Crescent where the minimum shall be 3.75 m (12.3). 7.3.6.2.6. EXTERIOR SIDE YARD: Minimum Depth 5 m (16.4 ft) except for the lots located at the northeast corner of Baldwin Street and Fairs Crescent and the northwest and southwest comer of Baldwin and Quarter Town Line, where the minimum depth shall be 3.75 m (12.3 ft) and the lot located at the northwest corner of Baldwin Street and Fairs Crescent where the minimum depth shall be 4.5 m (14.8 ft) 7.3.6.2.7. REAR YARD: Minimum Depth 7.0 m (23 ft) 7.3.6.2.8. INTERIOR SIDE YARD: one side shall have a minimum width of 0 m (0 ft), the other side a minimum width of 1.2 m (3.9 ft), provided that a garage is attached to or is within the main building 7.3.6.2.9. HEIGHT OF BUILDINGS: Maximum 7.6 m (24.9 ft) 7.3.6.2.10. GROSS FLOOR AREA OF DWELLING: Minimum 120 m2 (1,291.7 fie) Provided that no dwelling shall exceed an maximum area of 230 d (2,476 ft). The Corporation of thea Town of Tillsonbur, By -Law Number Pa e 3 7.3.6.2.11. ENCROACHMENTS AND EASEMENTS All lots used for the development of single -detached dwellings with a 0 m (0 ft) side yard on one side shall be permitted a maximum encroachment of 0.4 m (1.3 ft) into abutting lands on that side for the purpose of allowing the projection of eaves and exhaust and intake vents and shall have access to a 1.2 m (3.9 ft) easement across the property abutting that side and shall give a 1.2 m (3.9 ft) easement where required for the purpose of allowing the maintenance of walls, eaves and real property. 7.3.6.2.12. PORCH, BALCONY, DECK AND STEP ENCROACHMENTS INTO REQUIRED YARDS Notwithstanding Section 5.25.3 to this By -Law, porches, balconies, decks and steps are permitted to encroach into the required yards as follows: 7.3.6.2.12.1. REAR YARD — Notwithstanding the yard and setback provisions of this By -Law to the contrary, for lots fronting onto the north sideof Baldwin Street, covered porches, covered balconies, covered decks, sunrooms and portions of the dwelling, which do not exceed a total width of 6.2 m (20.3 ft) in width, may project into the required rear yard 1.5 m (5 ft). Uncovered balconies, uncovered porches and uncovered decks may project into the required rear yard 2.5 m (8.2 ft). 7.3.6.2.12.2. INTERIOR AND EXTERIOR SIDE YARDS —Notwithstanding the yard and setback provisions to the contrary, steps will be permitted to encroach 0.5 m (1.6 ft) into the required interior and exterior side yards, provided such steps are not more than 1.2 m (3.9 ft) above grade. 7.3.6.2.13. BUILDING SETBACKS FROM TOP OF BANK OR STABLE SLOPE: No structure of any kind other than those necessary for flood or erosion control shall be permitted in that area lying below the defined top of bank or stable slope. As well, no construction of buildings shall be located within a 6 m (19.7 ft) setback from the defined top of bank or stable slope, except in the case of shallow ravines where the required seback from defined top of bank shall be 3 m (9.84 ft). For the purposes of this ByLaw the defined top of bank and stable slope will be as approved by the Long Point Region Conservation Authority. 7.3.6.2.14. PERMITTED R2 -6(H) USES: Notwithstanding Section 7.1 to this By -Law, no person shall within an R2 - 6(H) zone use any lot, or erect, alter or use any building or structure except The Corporation of -the Town of Tillsonb c��, By -Law Number e � Page 4 for such purposes existing as of the date of passing of this ByLaw, until such time as the holding symbol (H) is removed. 7.3.6.2.15. REMOVAL OF THE HOLDING SYMBOL: Development for any use in Section 7.3.6.1. shall be permitted at such time as the County of Oxford and the Town of Tillsonburg are satisfied that adequate sanitary and water services will be available to service the development and financial arrangements satisfactory to the County of Oxford and the Town of Tillsonburg have been made by the developer relative to the costs associated with the required sanitary and water services, and the holding symbol has been removed in accordance with be provisions of the Planning Act, RSO 1990, as amended 7.3.6.2.16. That all other provisions of the R2 Zone in Section 7.2 to ByLaw Number 1994, as amended, shall apply, and further that all other provisions of By Law Number 1994, as amended, that are consistent wth the provisions herein contained shall continue to apply mutatis mutandis. 7.3.7 LOCATION: BALDWIN PLACE, PT LOT 8, CON 12 (DEREHAM), RZ7 & R2 -7 (L!) 7.3.7.1 Notwithstanding any provisions of By -Law Number 1994 to the contrary, no person shall within any R2-7 or R2 -7(H) Zone use any lot, or erect, alter or use any building or structure for any purpose except the following: a single detached dwelling. 7.3.7.2 Notwithstanding any provision of B) -Law Number 1994 to the contrary, no person shall within any R2-7 or R2 -7(H) Zone use any lot, or erect, alter or use any building or structure except in accordance with the following provisions: 7.3.7.2.1 LOT FRONTAGE: Minimum Width 12.2 m (40 ft) Except for lots 47 and 49 fronting on the northeast bend cf Fairs Crescent where the minimum width shall be 9.4 m (30.8 ft) and 11 m (36.1 ft) respectively. In no case shall the lot frontage of a corner lot be less than 15 m (49.2 ft) except for lot 29 on Fairs Crescent which shall not be less than 14 m (45.9 ft). For the purposes of this by-law the lot frontage shall be measured at a point 3.75 m (12.3 ft) from the lot line. The Corporation of the Town of Tillsonbuf�g By -Law Number2-0Page 5 7.3.7.2.2. LOT AREA: Minimum 330 m2 (3,552.2 fig) 7.3.7.2.3. LOT DEPTH: Minimum 7.3.7.2.4. LOT COVERAGE: 27.5 m (90.2 ft) Maximum for all buildings 50% of lot area 7.3.7.2.5. FRONT YARD: Minimum Depth 3.75 m (12.3 ft) except for lots fronting onto the north side of Esseltine Drive, where the minimum depth shall be 5 m (16.4 ft) and lots fronting onto the south side of Esseltine Drive where the minorum depth shall be 4 m (13.1 ft). 7.3.7.2.6. EXTERIOR SIDE YARD: Minimum Depth 3.75 m (12.3 ft) 7.3.7.2.7. REAR YARD: Minimum Depth 7 m (23 ft) except for lots located on the north side of Esseltine Drive, where the minimum depth shall be 5.75 m (18.9 ft) and bts located on the south side of Esseltine Drive where the minimum shall be 6.75 m (22.1 ft). 7.3.7.2.8. INTERIOR SIDE YARD: one side shall have a minimum width of 0 m (0 ft), the other side a minimum width of 1.2 m (3.9 ft), provided that a garage is attached to cF is within the main building 7.3.7.2.9. HEIGHT OF BUILDINGS: Maximum 7.6 m (24.9 ft) 7.3.7.2.10. GROSS FLOOR AREA OF DWELLING: Minimum 120 m2 (1,291.7 fie) The Corporation of the Town of Tillsonbur ---Q'�', 0 97>! Page 6 By-Law Number - -- jl' 7.3.7.2.11. ENCROACHMENTS AND EASEMENTS All lots used for the development of single -detached dwellings with a 0 m (0 ft) side yard on one side shall be permitted a maximum encroachment of 0.4 m (1.3 ft) into abutting lands on that side for the purpose of allowing the projection of eaves and exhaust and intake vents and shall have access to a 1.2 m (3.9 ft) easement across the property abutting that side and shall give a 1.2 m (3.9 ft) easement where required for the purpose of allowing the maintenance of walls, eaves and real property. 7.3.7.2.12. PORCH, BALCONY, DECK AND STEP ENCROACHMENTS INTO REQUIRED YARDS Notwithstanding Section 5.25.3 to this By -Law, porches, balconies, decks and steps are permitted to encroach into the required yards as follows: 7.3.7.2.12.1. REAR YARD — Notwithstanding the yard and setback provisions of this By -Law to the contrary, covered porches, covered balcrnies, covered decks, sunrooms and portions of the dwelling, which do not exceed a total width 6.2 m (20.3 ft), may project into the required rear yard 1.5 m (5 ft). Uncovered balconies, uncovered porches and uncovered decks may project into the required sear yard 2.5 m (8.2 ft). 7.3.7.2.12.2. INTERIOR AND EXTERIOR SIDE YARDS —Notwithstanding the yard and setback provisions to the contrary, steps will be permitted to encroach 0.5 m (1.6 ft) into the required interior and exterior side yards, provided such steps are not more than 1.2 m (3.9 ft) above grade. 7.3.7.2.13. PERMITTED R2 -7(H) USES: Notwithstanding Section 7.1 to this By -Law, no person shall within an R2- 7(H) 27(H) zone use any lot, or erect, alter or use any building or structure except for such purposes existing as of the date of passing of this By -Law, until such time as the holding symbol (H) is removed. 7.3.7.2.14. REMOVAL OF THE HOLDING SYMBOL: Development for any use in Section 7.3.7.1. shall be permitted at such time as the County of Oxford and the Town of Tillsonburg are satisfed that adequate sanitary and water services will be available to service the development and financial arrangements satisfactory to the County of Oxford and the Town of Tiilsonburg have been made by the developer relative to the costs associated with the required sanitary and water services, and the holding symbol has been removed in accordance with the provisions of the Planning Act, RSO 1990, as amended The Corporation of the Town of Tillsonburg By -Law Number Page 7 7.3.7.2.15. That all other provisions of the R2 Zone in Section 7.2 to ByLaw Number 1994, as amended, shall apply, and further that all other provisions of By Law Number 1994, as amended, that are consistent with the provisions herein contained shall continue to apply mutatis mutandis". 3. That Section 8.3 to By -Law Number 1994, as amended, is hereby amended by adding the following subsections at the end thereof. "8.3.22 LOCATION: BALDWIN PLACE, PT LOT 8, CON 12 (DEREHAM), R3-22 & R3 -22(U) 8.3.22.1 Notwithstanding any provisions of By -Law Number 1994 to the contrary, no person shall within any R3-22 or R3 -22(H) Zone use any lot, or erect, alter or use any building or structure for any purpose except the following: a street fronting townhouse. 8.3.22.1.1. For the purposes of this subsection, a "Street Fronting Townhouse", means a dwelling consisting of three or more dwelling units that are aligned horizontally and divided vertically in whole or in part by common walls, with a minimum area above grade of 10 rrF (107.6 fe), and each of which has an independent entrance directly from the outside and fronts onto a public street. 8.3.22.2 Notwithstanding any provision of B)�Law Number 1994 to the contrary, no person shall within any R3-22 or R3 -22(H) Zone use any lot, or erect, alter or use any building or structure except in accordance with the following provisions: 8.3.22.2.1 LOT FRONTAGE: Minimum Width 8.0 m (26.6 ft) Except in the case of an end unit, where the minimum frontage shall be 92 m (30.1 ft) for an interior lot and 11.75m (38.5 ft) for a corner lot. 8.3.22.2.2. LOT AREA: Minimum 220 m2 (2,368.1 fig) Except in the case of an end unit, where the minimum shall be 250 rri (2,691.1 ft2) for an interior lot and 300 rrf (3,229.3 fig) for a corner lot. 8.3.22.2.3. LOT DEPTH: Minimum 27.5 m (90.2 ft) The Corporation of the Town of Tillsonbur By -Law Number 29. R", �ff Page 8 8.3.22.2.4. REAR YARD: Minimum 5.65 m (18.5 ft) 8.322.2.5. LOT COVERAGE: Maximum for all buildings 68% of lot area 8.3.22.2.6. FRONT AND EXTERIOR SIDE YARD: Minimum Depth 3.75 m (12.3 ft) 8.3.22.2.7. INTERIOR SIDE YARD: Minimum Width 0 m (Oft) except in the case of an end unit, where the minimum interior side yard shall be 1.2 m (3.9 ft), provided that a garage is attached to or is within the main building 8.3.22.2.8. HEIGHT OF BUILDINGS: Maximum 8.5 m (27.9 ft) 8.3.22.2.9. GROSS FLOOR AREA OF DWELLING: Minimum 120 m2 (1,291.7 ft2) 8.3.22.2.10. PORCH, BALCONY, DECK AND STEP ENCROACHMENTS INTO REQUIRED YARDS Notwithstanding Section 5.25.3 to this B)�Law, porches, balconies, decks and steps are permitted to encroach into the required yards as follows: 8.3.22.2.10.1. REAR YARD — Notwithstanding the yard and setback provisions of this By -Law to the uncovered balconies and uncovered decks may project into the required rear yard 3.0 m (3.3 ft), except for the lots fronting on the west side of Weston Drive, where they may project into the required rear yard 1.8 m (5.9 ft) 8.3.22.2.10.2. INTERIOR AND EXTERIOR SIDE YARDS — Notwithstanding the yard and setback provisions of this By -Law to the contrary, steps will be permitted to encroach 0.5 m (1.6 ft) into the required interior and exterior side yards for an erxi unit, provided such steps are not more than 1.2 m (3.9 ft) above grade. The Corporation of,.the Town of Tillsonbizn_- Bv_Law Number_ # Pa e 9 8.3.22.2.11. PERMITTED R3 -22(H) USES: Notwithstanding Section 8.1 to this By -Law, no person shall within an R3 - 22(H) zone use any lot, or erect, alter or use any building or structure except for such purposes existing as of the date of passing of this ByLaw, until such time as the holding symbol (H) is removed. 8.3.22.2.12. REMOVAL OF THE HOLDING SYMBOL: Development for any use in Section 8.3.22.1. shall be permitted at such time as the County of Oxford and the Town of Tillsonburg are satisfied that adequate sanitary and water services will be available to service the development and financial arrangements satisfactory to the County of Oxford and the Town of Tillsonburg have been made by the developer reletive to the costs associated with the required sanitary and water services, and the holding symbol has been removed in accordance with the provisions of the Planning Act, RSO 1990, as amended 8.3.22.2.13. That all other provisions of the R3 Zone in Section 8.2 to ByLaw Number 1994, as amended, shall apply, and further that all other provisions of By Law Number 1994, as amended, that are consistent with the provisions herein contained shall continue to apply mutatis mutandis". 4. That Section 16.3 to By -Law Number 1994, as amended, is hereby amended by adding the following subsections at the end thereof. "16.3.4 LOCATION: BALDWIN PLACE, PT LOT 8, CON 12 (DEREHAM), O -4(H) 16.3.4.1 Notwithstanding any provisions of By -Law Number 1994 to the contrary, no person shall within any 0-4 Zone use any lot, or erect, alter or use any building or structure for any purpose except the following: a private park; a public park; a recreation centre; buildings or structures accessory to the foregoing including a refreshment booth or pavilion, a clinic, a barber shop/beauty parlour and a tuck shop, with such accessory uses not exceeding 93 rr? (1,001 ftz) of gross floor area. 16.3.4.2 Notwithstanding any provision of B)�Law Number 1994 to the contrary, no person shall within any 0-4 Zone use any lot, or erect, alter or use any building or structure except in accordance with the following provisions: 16.3.4.2.1 HEIGHT OF BUILDING: Maximum 9.1 m (30 ft) The Corporation of the L7 Town of rallrr By-Law Number 10 16.3.4.2.2. PARKING: Page A minimum of one parking space shall be required for evey 12.5 m2 (134.6 ft2) of gross floor area. 16.3.4.2.3. PERMITTED 0-4(H) USES: Notwithstanding Section 16.1 to this By -Law, no person shall within an 0- 4(H) 4(H) zone use any lot, or erect, alter or use any building or structure except for such purposes existing as of the date of passing of this By -Law, until such time as the holding symbol (H) is removed. 16.3.4.2.4. REMOVAL OF THE HOLDING SYMBOL: Development for any use in Section 16.3.4.1. shall be permitted at such time as the County of Oxford and the Town of Tillsonburg are setisfied that adequate sanitary and water services will be available to service the development and financial arrangements satisfactory to the County of Oxford and the Town of Tillsonburg have been made by the developer relative to the costs associated with the required sanitary and water services, and the holding symbol has been removed in accordance with the provisions of the Planning Act, RSO 1990, as amended 16.3.4.2.5. That all other provisions of the O Zone in Section 16.2 to ByfLaw Number 1994, as amended, shall apply, and further that all other provisions of By Law Number 1994, as amended, that are consistent with the provisions herein contained shall continue to apply mutatis mutandis". 5. This By -Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this day of 2001. READ a third time and finally passed this /6; day ofm,/),�r 2001. ZO N 7-282 TOWN OF TILLSONBURG BY-LAW NUMBER EXPLANATORY NOTE ao The purpose of By -Law Number rezone lands located at Part Lot 8, Con. 12 (Dereham), in the Town of Tillsonburg, from "Development (D)", "Residential First Density (R1)", "Residential Second Density (R2)" and "Open Space (0)" to Special "Residential Second Density (R2-6)", Special "Residential Second Density (R2 -6(H))' with holding provisions, Special "Residential Second Density (R2-7)", Special "Residential Second Density (R2-7(H))'with holding provisions, Special "Residential Type 3 (R3-22)", Special "Residential Type 3 (R3 -22(H))" with holding provisions, "Open Space (0)" and Special "Open Space (O -4(H))" with holding provisions to permit the development of a residential plan of subdivision. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed change in zone designation, approved By -Law Number2 C9 9, �� p hearing public hearin was held on JUIy 9th, 2001. 28 Any person wishing further information relative to Zoning By -Law Number - ay contact the undersigned: Mr. David Morris CAO / Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-6428 SCHEDULE "A" TO BY-LAW No. 7 3 1 PART LOT 8, CONCESSION 12 (DEREHAM) TOWN OF TILLSONBURG M I s METRES 4 0 0 4 0 B 0 THIS IS SCHEDULE A" TO BY —LAW N ,PASSED � THE DAY OF / ,r ,2001 N78 -45-50E N78 -44-20E 236.54 57.61 0 rn ..--- -- --- -- - -: ---------- - o I I I I N78 -55-20E I R2;71 -H)"- 38.20 Lc)i r► � I I CD (V t wAsm/ • � N N CD O , ui ... ... --- --- r- /�� 4 �� I ftwoo 10-4(H) N: N: CD I r Ln N I -R2 7t14,� CV f IN a N �R2 ; NOTE: ALL DIMENSIONS IN METERS THIS BY-LAW IS INTENDED TO ENCOMPASS ALL OF THE �'`� ,' -` : " �` V -' LANDS INCLUDED IN DRAFT="Now PLAN OF SUBDIVISION 32T-01002 _43-1oE -'�,� :' AREA OF ZONE CHANGE TO R2-6 �h N68 ,� 42.65 �, f�15 � .' �os�� , , .. ...... RZ C7 R2- 6.. 42373-04-30W "N61 -57W N34 -07 -IOW 30.89 ,- N��\ I� _ -- -, - AREA OF ZONE CHANGE TO R2 -6(H) 24.3$ t 3D�N88�48-0 OE � N41-29-1DW N7T 54-23E 34.10 `� 5 ■�� 0.07 AREA OF ZONE CHANGE TO R2-7 �fQ! N22 -14-20E R2-7 N67 -33W '' -- N07 -00-20E 35.86 4.86 AREA OF ZONE CHANGE TO R2 -7(H) 18.02 43-39-45E N -34-40E 32.30 N 3-18-40W 24.93 R2 -7(H) 12.12 N11 -25-20W o 6.01 -1 1 r% AREA OF ZONE CHANGE TO R3-22 N34 -48-50E 1.18 R3-22 N69 -36-30E N59 -06-50W AREA OF ZONE CHANGE TO R3-22 H) 06 N77-46-40 40.-02 Not - 44.,06 R3 -22(H) 9.08 40.07 �l AREA OF ZONE CHANGE TO 0 O AREA OF ZONE CHANGE TO 0-4(H) 0-4 ® 2001 LAND RELATED INFC, RR1ATICN SYSTEk1 LNK COUNTY O F O X F O R D N71 -51-35V 30-46 N38-4 28.1 NEWELL ROAD BALDVAN KEY MAP 19 -1 7 -1 -voozz LANDS TO WHICH BYL` 1N2 PLIS 02001 LAND RELATED WFOPKIATKON SYSTEM IRCi COUNTY O F OXFORD