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1813 A BY-LAW TO REGULATE TIffi LOCATION OF BUILDINGS AND STRUCTURES ON LANDS ADJACENT TO COUNTY ROADS WHEREAS, it is deemed to be necessary and desirable to regulate the location of buildings and structures on lands adjacent to certain County Roads; AND WHEREAS, authority is granted under Section 64 of the Highway Improvement Act, Revised Statutes of Ontario 1960 to exercise such resUictions according to Section 30 of t;he Planning Act, Revised Statutes of Ontario 1960 subject to the approval of the Ontario Municipal Board. NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts as follows:- 1. In this By-Law the word "person" shall mean any person, firm or corporation; the word "Highway" shall mean a County or a St. Thomas Suburban Road Commission Road of the County of Elgin and the words "Ro ad Committee" sh all me an the Committee or Body appointed b~ the County of Elgin to have jurisdiction over Elgin County Roads. "Engineer" shall mean the County Engineer appointed by the Council of the Corporation of the County of Elgin. "Built-up Area" shall mean the territory contiguous to a highway not within a city, town, village or police village where, (i) not less than 50 per cent of the frontage upon .~, :\ I one side of thehighway for a distance of not less than 600 feet W~.occupied by dwellings, buildings used for busines~"purposes, schools, or churches, or (ii) not less th,an 50 per cent of the frontage upon both sides of the highway for a distance of not less than 300 feet is occupied by dwellings, 5. 4. 3. 2. (i) (iii ) buildings used for business purposes, æhools or churches, or not more than 600 feet of the highway separates any territory described in sub~clause (i) or (ii) from any other territory described in sub~ clause (i) or (ii). This By-Law shall apply to those Roads described in consolidating By-~aw No. 1801, save and except those in an incorporated village or town. No person shall erect any building or structure or dam or dig or drill a well, alter or modify any building or structure or dig a pond, any part of which is located closer to the centre line of the original Road Allowance than 85 feet or within 35 feet of the nearest limit of any highway whichever case is further distance from the present centre line; save and except any highway in a police village or Built-up Area. No person shall erect any building or structure, alter or modify any structure, any part of which is at a closer distance than as shown on Schedule "A" as attached, from a road intersecting a highway or a railroad right-of-way intersecting a highway. In a police village or Built-up Area no person shall erect ro,y building or structure or dam, or drill or dig a well or dig a pond or alter or \. ~ modify any structure, at a closer distance to the limit ofWßY highway than; where the new building, structure, dam, well or pond is erected between two existing buildings not more than 300 clear feet apart the distance from the limit of any highway shall not be less than the average setback of each of the two adjoining buildings, but in no case need the (ii ) 6. ( a) (b) (c) 7. 8. setback be more than 35 feet from the nearest limit of any highway. where a new building, structure, dam, well or pond is erected between two existing buildings more than 300 clear feet apart, the regulations of Section 3 shall apply. This By-Law shall not prohibit the alteration or the modifying once only of any structure or building closer to any limit of the highway as defined in Section 3 or 5 provided: (1) that in altering the building the distance to the nearest limit of the highway is not diminished and (2) that the cost of alterations is not greater than 1/2 of the value of the present building. This By-Law shall not prohibit the drilling or digging of a well within 20 feet of a residence that is closer to any limit of the highway as defined in Section 3 or 5 provided the distance to the nearest limit of the highway is not less than the distance of the residence to the nearest limit of the highway. This By-Law shall not prohibit the replacement of a Tobacco Kiln destroyed by fire or wind where it is one of a line or series 01 2 or more; even though the distance to the nearest limit of the highway is less than is required in SectionS' '3 or 5. However, the distance to the nearest limit of the highway shall not be . 1¡i, less than any 'õther adj acent Kiln. " No junk or automobile wrecking yard may be located within 150 feet of a highway. Temporary stands for the sale of farm produce may be erected within 35 feet of the nearest i I I I I Ii I I II 9. 12. 11. 10. limit of any highway providing the location is approved in writing by the County Engineer and Providing that such stand is not nearer than 15 feet from the limffi of a highway in any event. The County of Elgin, by its Engineer, may upon 30 days written notice require that a Temporary Produce Stand conform to Regulations as set forth for other buildings. The Corporation of the County of Elgin, by its Engineer, may give notice to the Owner or Occupant of any land requiring him to remove or alter any building or structure erected after the passing of this By-Law that does not comply with any Section of this By-Law and each notice under this Section shall be in writing and sent by Registered Mail, addressed to the Owner Or Occupant of the land at his last known address. If the person to whom the notice is given, under Section .fk, above, fails to comply with it within 30 days from mailing of such notice, the Corporation of the County of Elgin may direct any office employee or agent of the said Corp- oration to enter upon the land and do or cause to be done, whatever may be necessary, to remove or alter such building or structure mentioned in said notice and charge the cost thereof to the Owner or Occupant. Every person who violates any of the above '~, '\ provisions of this By-Law shall be guilty of an offence and ~on Summary Conviction shall be ",; Ii able to a penalty of not more than $300.00 " for each offence. , This By-Law shall come into effect the day that it is passed by the Council subject to the approval of the Ontario Municipal Board. . i I I I READ a first time this 21st day of March, 1962. READ a second time this 21st day of March, 1962. READ a third time, and finally passed this 21st day of March, 1962. ....'....'....'...'..'....') ",/ " Iß~ ~ Clerk 'varden '~, ~ '1;! "