1814
~J
UlY:::l,AW TO REGULATE THE LOCATION
OF BUILDINGS AND STRUCTURES ON
LAND.S ADJACENT TO COUNTY ROADS
ivHIJ:REAS, it is deemed to be necessary and desirable
to regulate the location of buildings and structures on lands
ad;jacent to certain County Roads;
AND WHEREAS, au'tllOrij~y is granted under Section 64 of
the Highway Improvement Acj~, Revised Statrrtes of Ontario 1960
to exercise such restrictions according to Section 30 of the
Planning Ac't, Rcvised Statutes of Ontario 1960 subject to the
approval of the Ontario ~filnicipal Board.
NOW THEREFORE, the Council of the Copporation of the
County of Elgin enacts as follows;-
1. In this By-Law the wopd Itperson" shall mean any pepson,
firm or corporation; the word "Highway" shall mean a,
County or a St. Thomas Suburban ltoad Commission Road
of the Coutl'ty of Elgin and the words "Road Committee"
shall mean the Committee or Body appointed by the
County of Elgin to have jurisdiction over Elgin County
Roads. "Engineer" shall mean the County Engineer
appointed by t;he 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 "here,
(i) not; less than 50 per cent of the frorrtage upon one
side of the highway for a distance of not less than
600 feet is occupied by dwellings, buildings used for
busifiess purposes',~ schools, or churches, or,
(ii) not less ,than 50 per cent of the frontage upon both
" '
~ ,
sides of the highway'" for a distan.ce of not less than
"
300 feet is occupied by dwellings, buildings, used for
business p11rposes, schools or churches, or
(:n :L ) not mOI'e than 600 feet of the highway separates any
t;erritory described in sub-clause (i) or (ii ) from
any other territory described in sub-clause (i) or (ii) .
2. This By-Law shall apply to those Roads described in
consolidating By-Law No. 1801, save and except those
in an incorporated village or town.
3. No person shall erect any building or structure or
dam or dig or ¿rill a well, alter or modify any
building or structure or dig a pond, any part of which
is Iocated closer to the centre line of the original
Road Allowance than 85 feet or within 35 feet of the
nearest limi,t of any highway whichever case is further
distance from the presell't centre line; save and
except any highway in a police village or Built-up
area.
4. 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.
5. In a police village of Built-up Area no person shall
erect any building 01' structure or dam, or drill or
dig a well or dig a pond or alter or modify any
stI'uctur'e, at a closer distance to the limit of any
highway than;
(i) wheI'e the nC\~ building, structure, dam, well or pond
is erected betweel!,:~WO existing buildings not more
than 300 clear fee,t apart the distance from the limi,t
of any highway shal]¡i'~ot be less than the average
setback of each of 'the.,two adjoining buildings, but in
no case need the setback be more than 35 feet from the
neal'est limit of. any highway
THAT J3y··Law
813
be,
hereby repeç¡Jed
11
No
1
and is
June
P AS.srm by the
13th,
1962
19in
County Council at
Thomas
on
10
I:::
St
Ontario
Hunici
pal Board.
yJDssed
by the
Council subject to the
approval
of t,he
9
Tn
i
S ßy·...L£lW
shall come
i rft~)
effect the
dB
y that
it
is
$300
.
00 for
eaeh
offence.
Convicti
)Il
shall
:)0 lizl~\lo
to a
penalty of
not;
mor'e
than
th
<,
o
By·-Law
shall be
guilty
of
an offence
and
upon
Summary
8
Every
person
wn
o vio
1
ates
ðny
of the above provisions of
with
n 150 feet of
a
highway.
7.
No
junk
or automob
i
Ie
wrecking yard
lay
be located
any
o'ther adjacent
kiln
the
nearest limit of the
highway
shall not be less
than
required
in
Sec.ti ons
3
or
5
However,
the dist
mICe to
t,o the
nearest limit
of the highway
is less than is
a
line or'
series of
2
or
more
;
even
though
the dis,tanc.e
Tobacco Kiln destroyed by fire or
wind
where
t
is
one
of
(
c
)
This J3y-
Law
shall
not
prohibit
the replacement of
a
lim:Lt
of
the highway
less
than
the
distance
of
the
residence to 'the nearest
the
di.stance
to the
nea.res't
limit of the highway is not
]
i
it of
the
highway
ÐS
defined
in Section
3
or
5
provided
(b)
a
o
TiLts
well
f the value of the
By-Law shall
within
20 feet of
a
present building
not libit the drilling
pro
residence that
is
closer to any
or
digging of
(
2
)
that
the
cost of
alterations
is not greater
than
1
2"
to
the nearest limit of the
highway
is no't
dimin
i
shed
and
1
provided
(1)
that
in
Blt;ering the
building the
distance
any
limi,t
of
the
highway as defined in Section
3
or
5
modifying
once
only
of
any
structure or building closer
to
6
(a)
Th
is ßy··Law
sh
all
not
prohibit the alteration Or the
feet apart,
tUe
regulations
of Section
3
shall apply
erected
between
two existing bnildings
more than
300 clear
5
(
:u)
"here a
new
building,
structure,
..;-."'~''--''''
dam,
well
or
,_J.'
.--.-:<",-",-.
pond is
1[,
,¡
!:
¡;
,I
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nY-LAW NO 1814 Page 4
READ a fjrf3t time this 13th day of June, 1962.
READ a second time this 13th day of June, 1962.
READ a third t,ime, and finally passed this 13th day of
June, 1962.
~
-µ-~ > ~
__'lJ
/ Clerk
1\Tarden
'\. ;,
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.,
"
to the clerk of the Municipality of Metro-
politan;oronto, if the by-law applies to
land in the ~iUnicipality of Metropolitan
Toronto abutting on or lying within 150
feet of any metropolitan roadj
(ui)
a
'iii
counGy' ê'ounc~-L,
and
,
Enclosu:res
2
,
:\
to your IJJ1J.nic.ipal solicitor
Would you be good ðnough to hand one of the enclosed copie8
~ífect;iv;,.,immedia.tely .
oable to by-laws passed under Section 30 of
Enclosed herewith are two copies of new procedure appli-
Th,e Planni
Act,
MEMORANDUM :rO:
The Clerks of all
MJ.nici
April 10th,
Ii ti es
1962.
THE ONTARIO MUNICIPAL BOARD
145 Queen Street West,
Toronto, 1
~
1\
,"""~.-£,
to the clerk of the Municipality of Hetro-
politan Toronto, ,if the by-law applies to
land in the Municipality of Metropolitan
Toronto abutting on or lying within 150
feet of any metropolitan road;
.;;;¡
(Ui
)
to the"cj,Lerk of the county, if the by_law
applies to land abutting on or within 150
feet of a highway under the jurisdiction of
a countY1¡icCJUncil, and
¡i
(ii)
to the Department of HighHays,
Buildings, Toronto, 2, Ontario,
law applies to land abutting on
Highway,
Parliament
if the by-
a King's
(d)
(i)
to the
having
secretary of every conservation authority
jurisdiction in the area affected;
(c)
to the
having
secretary of every plarming board
jurisdiction in the area affected
(ii)
(i)
to the Community Planning Branch of the
Department of Municipal Affairs, 801 Bay
Street Toronto, 5, Ontario, and
(b)
to all owners of property in the municipality with-
in the area affected by the by-laH and within 300
feet of such area according to the last revised
assessment roll at the addresses shown therein
(a)
1: Forthwith after the passir~ of an original or amending by-law under
Section 30 of The Planning Act notice of the by-law and of the intention
to apply to this Board for approval shall be given either personally or
by prepaid first-class mail:
N"ctic.
The new procedure shall be in accordance Hith the following
As a result of an amendment to Section 30 (llb) of The Planni Act
which was passed at the 1961-1962 session of the Legislature and which
is nOH law, this Board is empoWered to give general directions for notice
to be given by municipal councils of their intention to apply to this
Board for approval of by-laws passed under authority of Section 30 of
The Plannin.g Act. Under a new procedure adopted by this Board notice
of the passing of such a by-law and of application to be made to this
Board for approval Hill be given prior to the filing of application for
approval_. Exceptions to this will be in special cases mentioned here-
in.
rul eS
Rules of procedure
applications to the
Board for approval
under the authority
Planni Aç!;,.,
ONTARIO
THE ONTARIO MUNICIPAL BOARD
to be followed upon
Ontario Municipal
of by-laws passed
of Section 30 of The
Advice
10: The advice of the municipal solicitor as to the fonn and clarity
of the by-law and as to the clarity and content of any summary or
explanatory note should always be obtained
I
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8: Such application shall be accompanied by an affidavit or
declaration duly sworn proving that notice has been given as re-
quired by these rules or as otherwise directed by this Board, and
such affidavit or declaration shall have attached thereto a copy
or facsimile of the noticè 'and other documents mentioned in Rule
3, which shall be marked as exhibits in the manner required by
court practice. (See also Rule 11 hereunder).
'w"
9: Such affidavit or decl~ràtion shall state also
of objection has been received Qr shall produce as
duly marked, a copy of each objection received, as
(See also Rulp 11 hereunder)
that no notice
exhibits,
the case
also
may be
Proofs
Application
7 After
application
required by
fourteen (14) days from the date of the
may be made to this Board for approval
Section 30 of The P~anning Act
giving of notice
of the by-law as
Time for
objections
6: The notice (Form 103) shall specify at least fourteen (14)
days from the date of mailing, service or publication as the case
may be, for filing or delivery of objections to the by-law
5 In case of any doubt as to the clarity of the by-law or of the
summary or explanatory note the same should be submitted to this
Board for consideration of the form (See also Rule 10 hereunder)
Form
:!flap
Content
of
notice
4 If a map forms part of the by-law a copy of such map shall
accompany the by-law uDless otherwise directed by this Board
31 Notice shall be in Form 103, attached, and shall be accompanied
by a copy of the by-law, and also in every case in which the by-law
may not be readily understood by all those to whom notice is given,
by a summary or explanatory note stating in clear and concise terms
the purpose and effect of the by-law and the lands affected thereby
(See also Rule 10 hereunder) .
S peciaJ.
cases
2: In cases
cost to give
for approval
appropriate
in which it would be unreasonable because of excessive
notice by mail application ¡hay be made to this Board
of the giving of notice by publication or by other
means
to the Interchurch Committee on Legal Affairs,
c/o B. H, B. Bowlby, Esq" Q.C" Chairman, 330 Bay
Street, Toronto, 1, in the case of any by-law pro-
viding or chaD~ing the requirement of off-street
parking for churches
(g)
to the secretary of any gas
utility in the municipality
(f)
company operating a gas
if the by-law applies to land abutting on a boundary
between the municipality and another local municipality;
to the owners of land in the adjoining muni-
cipality abutting on the land to which the
by-law applies,
(iii)
to the secretary of the planning board,
any, of the adjoining municipality, and
(e)
(ii)
(i)
to the
clerk of the adjoining
if
municipality,
2
Idem 11: The municipal solicitor should be consulted about the form
and content of affidavits and declarations and particularly as
to the reference therein to exhibits and as to the marking of
exhibits according to the regular court practice as required by
these rules.
Exception 12: Notwithstanding the provisions of Rules 1 to 9 above, if the
council is of the opinion that objection will be made to the approval
of any by-law, the council may apply to the Board for approval of
such by-law asking for a hearing and in such case 'special directions
will be given by the Board and the provisions of Rules 1 to 9 above
shall not apply.
DATED at Toronto this 2nd day of April, 1962.
.....
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.'~"';'''''''''''''''-'-''.~'...-.~~'
FuRJYI 103
NOTICE üF APPLICATIUN to The Ontario
Municipal Board by the Corporation of
the of
for approval of a by-law to regulate
land use passed pursuant to Section 30
of The Planning Act,
TAKß NOTICE that the Council of the Corporation of
the of intends to apply to
The Ontario v~nicipal Board pursuant to the provisions of Section
30 of The Planning Act for approval of By-law passed
tn the day of 196_, A copy' of the by_
law is furnished herewith, (vlhere a summary or explanatory note
is !urnished add ~ "A note giving an explanation of the purpose and
effect of the by-law and stating the lands affected th8reby is
aLso furnished herewith"),
Any person interested may, within fourteen (14) days
after the date of this notice, file with the clerk of the ________
of notice of his objection to approval of the
said by-law together with a statement of the grounds of such
objection,
The Untario ~hnicipal Board may approve of the said by-law
but before doing so it may appoint a time and place when any objec-
:1 tions to the by-law will be considered,
"
i
DATED at the of this -
day of 196_,
I .~, ~
1;i '"
"
(Name of clerk with address
(where notices may be sent)
N.B, The date of this notice must be the last date of mailing or
delivery or the first date of publication, as the case nBY be
,
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'ßoa;rd
e.nd
ha.Ving
"'
eaU8$d,a. eê);'\¡U!.èd¢oPT thereof
to be tiledJ
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Encl.
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ß cy:;~
B. Vickers, ~qJlf
Secretary. f
Yours very truly,
the above-mentioned application,
Order made on the
25th day
of June,
1962,
in connection
,~ith
We are
County of Elgin - Restricted
Area.J?x.-la'" 181
enclosing here",ith copy of the Board's
Re
,TEl.EPHONE· EM. 3
2
Dear Sir
Mr. J.D, Thomson,
Clerk-Treasurer,
County Clerk's Office,
St. Thomas, Ontario,
:
June 28,
1962.
PLEAsE, QUOTE FILE NO.
N. 1882-61
THE ONTARIO
45 QUEEN ST. WEST
TORONTO
ONTARIO
MUNICIPAL
BOARD
..
N. 181!2..61
ONTARIO
-
THE ONTARIO MUNICIPAL BO,ARP
IN THE~'.M.'¡¡:a. OF;
Seøt1ón 64 01' ie Hi1jfi,1£tÐt' !llnent
£let (H..S.C. 19" c. 171 $Ud
a$ct1i)Ì'I $0 01' 'þ¡e Pfa~ ~ct (H..S.O
3.960, c.~6>' ,
.. IiIm ...
IN '¡:H$M4~ .Ø1".an app¡tcá~ío~¡'y.'J.'M
Qo~t~t1on of tl1e Gø1mtyof E).g!.n for
ap~v~ of' i1;.ø Reøtdcted Aree.
J:J;y...3.a.w 1$1'.
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TliIS ¡jPPL¡OAT:tON having come on 1'ør pùblie neat'Jl.ng at
the Oity 011 $',," Thomø.I!, on the '1t.11 dew of J1me. 1962. 1n the
p11e.ênce 011 C01m$eil for t.hEl appUoant corporation anIA $U
int$relltø part.y I!,ppeating 1n perlilOn) no One appe~ing 1n
oppQElit:l.on tberetb; it appearing tha.t notice I)f the ila:l.dh.em,ng
ha.d belm du11 ¡¡¡inn ~ accorø.ancEI Wii;.b the directions of the
BQarø.; tM BOârd,a!'tør hear~g evidenêe $Ud oth,r eU"bmi$llionlll,.
ha.V±t'IIiI adjøurnØ thll hilarit'llil to give tbe (louncu. of 'l;.hé
appliC/i.nt coJ'þOl'ation $on <lppo:tt11nit", to ConllJidet' celi'tain
eJl ,endmeni;.$ t<l theså-1d 1:>¡¡r...1a", and tM så-1d C01mcil ha.ving 0.11 t.he
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33th dew ot ~. ~962, pe:~stld its :e¡r.-3..aw 1$14. rø-.enaøt.1.ns the
pli'QVillløn.8 øt J:J;y-law 1$1' ~:n-aè( ordanoø wtt.h the d:trectións I)t
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tbe }¡oaJ'ð. $Ud baVit'llil eau$éd ,a oè:ttifhdooP¡¡r tnerèe! tø be lIiled)
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jUN 2 8 1962
O. B. No.
folio N@
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N. 1S82-61
ONTARIO
-
THE ONTARIO MUNiCipAL BOARD
..2-
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he.v;l.r¡gbecn d!SþBnB$d.~, ¡hì
'l'Iœ BOAR)) OR!)Jì;RS, \tti,dør and in puJ'$UI:\høe of th~1.Elgis...
lation h$rClli11l)efore refer.d to, and of' $n7 and ..u othe
p()W~e Yel!Jted in the Boa).'d, that ~..a.é .W'l,1.U4, pe.$$ed the
13th dar ot Q\tti,e, 1962, be @d theBI.I!1\,$ is hCilrEl"by &;ppro\l'ed.
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ONTARIO
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O. ß, No. ,.".;f::::~,:,rþ".""""
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JUN28 1962
ItB. Vickilrslt
$¡~¡"dltf~'l.
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blWÞI ~.n iilt'... Withl
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ONTARIO
THE ONTARIO MUNICIPAL BOARD
N.
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STAFFORD, FANJOY & HENNESSEY
BARRISTERS B:. SOLICITORS
458 TALBOT STREET
ST. THOMAS TELEPHONE ME:I.,ROSE 1-0700
EDWARD Q. FANJOY, B.Sc.,a,C.L.
Y, B.A., B.C P.O. BOX 4Se
ONTARIO
July3rd, 1962.
John Thomson, Esq.,
Clerk..;Treasurer,
County of Elgin,
Court House,
ST.THOMAS, Ontario.
RE: COUNTY OF ELGIN RESTRICTED
AREA BY-LAW 1814
-.--....--,--" ---.-
Dear Sir:
We are enclosing herewith the Board's
Order, dated June 25th, ¡962.
Yours very truly,
STAFFORD, FANJOY & HENNESSEY
EOF/ns Per: ¿~~
ENCL.
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CEEST P.F .)!. 1882-61
.--.---
Ont I!lri 0
The Ontario MunicJ,p~l ßoard
Itl tHE ¡,tA'.Il'l'ßnOF:
5.Cìtion~6t~ ',or;rhf11'¡l~t&b~T~~t'O.J~~~
f¡ç! (Ftn"C1.' 1,9ÖÕ, e. 1 ',an
Section )0 of ~~~ Plántt!n~ ^o~ (R.8.0.
1960,o.29tS), ' . '. ,
- and ..
IN THEMA'l'TEn. Qlf $n IIlppUc4t:LQtl by Tbe
Corporation ot the, County o£ F,lgin tor
QPrrovalo£ its Ib.ìì'lt.rict$d Ar$Q :!3y..lèW
19 .3.
-"" . "____~ Î ' i, T'(t'lt!
ÅPPOIN~'!EN'1" FOR HEAltXNG
, ....-.-- . ~...... t"',.....'-~_~_...·'"'
TH~ ON'l'ARIOMUNIC!~Ab BOARD hèreby appointe
'.!'hursdíll.Y, tb$ 7th d¡;¡,y øt June, 1962, :,It the hQur øt ten
o'clock in th$ .foreMon (too.$l nine) at thEl(Jourt Houa.
.
in thlð O:l.tYQ£ ßt. ,Tn<:imlUi, !)ntm:r:l.o. to,:t' theheaf'ing of:
$11 pmx'ties intørested in supporting or opposing th1$
application. ,. )\
DA'l'EU Ðt '1'or(mt/? this :t.6th daY' <>;f' ,Af,r1J., .).962.
Ii
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$igned: "a. V:l.ckøt's"
SEAL OF TlII!'. OH'l'AR!Q SECRI1.TARl.
~'UNICIPAL JjOAr( )
Mr. John 10'1, SéCx'etàry, .
Aylmer and Malahi4e Planning BQard,
A!IJilER, Ontario.
"
Mr. Jame/ ! Quinn, Seo:retary,
Port Stanley.Yarmouth-S0uthwo~ð Planning Board,
PORT STANLEY, Ontario."
The Olerk,
County 0 f Norfolk,
Court House,
SIMCOE, Ont$rio,.
~
'l'hèOlerk,
00unt10£ Oxford,
Oourt HOUSG
WOODSTOCK, Õntario.
,
The Clerk,
COunty o.t' Kent,
Rent Municipal Building,
CHA'1'I:IAM, Ontario.
~
The C1l:Jrk,
County of Middle/ l~x,
Middlesex Municipal Building,
11,<1out '$t:reat
LONnON, OnM:r!o.
Thé! Secretary,
Union Gas Company of Canada Ltd.,
Gas Ðu1ld1ng.
Fifth Street,
C~A'!'HAM, Ontar10.
.
The $ècreta,ry
Central Pipe tines 00.
97 'J?dbot Stx'eat WEII!!t,
A~R" (;111tl,\rio.
Ltd. ,
~h". T.S. Caldwëll
District MuniciPal Engineer,
Ontal":i,Q Depa,rtment of Highways,
P.O. iox 217,
LONDON, Ontario.
tJlt'. J.D. VaUee,
:l3ayhl'!!n TO'Vlnsh~.p
S'lRAPFORnVILLE,
Secretary,
Pll1nn1ng Board.
Ontårio.
Mr. II.S. Gibson,
DirectQr Iii: SEilcretary-'i'rtlaaurer,
$t. ',rho!n.1;\S &, Suburbtm Plànning Board,
Ci t, Y Nall!
ST .'l'HOMIU¡¡ , Ontario.
Mr. W.D. Adlam. 6$o1"etary,
Qtte:r Qreek Authority,
19 Kënt Str~et, SQuth,
S!MCOE,OntliÚ'io.
Community Planning Board,
Department o£ Municipal Affairs,
E~Ol 13ay' Street,
'rOHOWrO, Ontario. ,;)
.
Mr. Ted Wh1te, Secretary,
Catfish Creek Authority,
87 SydenhamStreet East,
AYLMER, Ontàrio.