SCHEDULE B - Thunder Bay · being in the City of thunder Bay, formerly in the City of Fort William,...

SCHEDULE B

BY-LAW 177-1983 Effective Date: March 16, 1987

"1 NOTWITHSTANDING the provisions of Sections 22.1, 22.2.1 and 22.2.4 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Twenty-two (22) and Twenty-three (23), Registered Plan 716,

the following provisions shall apply:

a) PERMITTED USES

- home occupation

- single detached dwelling

- variety store with or without one or more dwelling units to a maximum of two dwelling units located in the same building therewith

- buildings, structures, or uses accessory to a permitted use in this Section

b) Minimum Lot Area:

594.36 square metres

c) Minimum Front and Rear Yard

A combined front yard and rear yard of 15.0 metres shall be maintained, provided however, that a minimum front yard of 3.0 metres and a minimum rear yard of 12.0 metres shall be required."


"2 NOTWITHSTANDING the provisions of Sections 5.12.4, 5.13.1 d) iv), 5.13.4, 5.13.9, 5.14.1, 28.2.1a), 28.2.3a), 28.2.5a), 28.2.7a) and 28.2.8b) of this By-law, as they apply to a Senior Citizen Dwelling when situated on the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tact of land and premises situate, lying and being in the City of thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the whole of Lots Fifty-two (52) to fifty-eight (58) both inclusive, and the Southerly 3.048 metres in perpendicular width throughout from front to rear of Lot Fifty-one (51), Registered Plan W-84,


a) Number of Loading Spaces Required

Zero spaces

b) Angle of Parking Minimum Aisle Width

over 80 degrees up to and including 90 degrees

6.0 metres

B - 1 December 2001

c) Dimensions of Parking Spaces:

The provisions of Section 5.13.4 shall apply except that a maximum of four (4) required parking spaces may have minimum rectangular dimensions of 2.7 metres by 5.0 metres.

d) Parking Spaces Required:

0.46 spaces per unit

e) PERMITTED YARD ENCROACHMENTS

(i) Architectural Features:

In addition to the projections permitted in Section 5.14.1, a canopy shall be permitted to project into a required front yard provided such canopy remains clear of the front lot line.

f) Minimum Lot Area:

900.0 square metres for the first seven dwelling units plus 24.0 square metres for each additional dwelling unit.

g) Minimum Front Yard:

1.5 metres

h) Minimum Interior Side Yard :

2.3 metres

i) Minimum Rear Yard:

3.0 metres

j) Maximum Height

4 storeys"


"3 Repealed by By-law 188-1986 Effective Date: March 16, 1987


"4 NOTWITHSTANDING the provisions of Section 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder bay and being composed of Lots Seven (7), Eight (8), and Twelve (12), Registered Plan 669,


a) PERMITTED USES

In addition to the uses listed in Section 27.1, a radio, and T.V. repair shop and computer sales and service shop which may include a dwelling unit when located in the same building therewith shall also be permitted."



B - 2 December 2001

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Seven (7) and Eight (8), Block Fifty-three (53), Registered Plan 627 and hereinafter referred to as the 'said lands', the following provisions shall apply:

a) PERMITTED USES

In addition to the uses listed in Section 13.1, a service shop and a warehouse shall also be permitted, but only when situated in the accessory building existing on the said lands on the effective date of this By-law.

b) Rebuilding or Repair:

Should the said accessory building be damaged by accidental fire or natural disaster to the extent of more than sixty percent (60%) of its value, it shall not be restored except in conformity with the permitted uses and regulations of Section 13 unless a decision of the Committee of Adjustment rules otherwise;

For the purpose of this Subsection, 60% of the value is exclusive of walls below grade and shall be determined at the date of damage by fair building standards and two estimates by certified appraisers shall be obtained with the average estimated percentage deemed to be the percent of the building damaged.

c) Restoration:

Subject to (b) above, nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said accessory building provided that such repair or restoration does not increase the height, size or volume or change in any way the use of the said accessory building except in conformity with the permitted uses of Section 13."


"6 NOTWITHSTANDING the provisions of Section 12.2.2(c) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntryre, in the District of Thunder Bay and being composed of Lot Twenty-two (22), Registered Plan 634,

the following provision shall apply:

a) Minimum Lot Frontage:

Lots with municipal water and municipal sewage disposal:

13.3 metres."

BY-LAW 177-1983 Amended by BY-LAW 188-1986 Amended by By-law 27-1987

Effective Date: March 16, 1987 Effective Date: March 16, 1987 Effective Date: March 16, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Seventy-two (72), Registered Plan M-18, and hereinafter referred to as the 'said lands', the following provisions shall apply:

B - 3 December 2001

a) PERMITTED USES

In addition to the uses listed in Section 13.1, a variety store, which may include a maximum of one (1) dwelling unit, shall also be permitted but only when situated in the building existing on the said lands on the effective date of this By-law.

b) Rebuilding or Repair

Should the said building be damaged or destroyed by accidental fire or natural disaster, this By-law does not prevent the reconstruction or replacement of the said building to its prior dimensions or to smaller dimensions and at its prior location or at a location that would be more in conformity with the regulations of Section 13.2, provided however, that there shall be no change in the use of the said building except in conformity with the permitted uses of Section 13.

c) Restoration

Subject to (b) above nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such repair or restoration does not increase the height, size or volume or change in any way the use of the said building except in conformity with the permitted uses of Section 13."

BY-LAW 177-1983 Amended by BY-LAW 12-1994

Effective Date: March 16, 1987 Effective Date: January 24, 1994

"8 (1) NOTWITHSTANDING Section 19.1., 19.2.3, 19.2.8 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay formerly in Township of McIntyre, in the District of Thunder Bay and being composed of Lots Fourteen (14) and Fifteen (15), Registered Plan 624,


a) PERMITTED USES

In addition to the uses listed in Section 19.1 a cabinet making, millwork, lumber yard and related retail commercial activity shall also be permitted.

b) Minimum Front Yard

The provisions of Section 19.2.3 shall apply except that all buildings, structures and open storage associated with a cabinet making, millwork, lumber yard and related retail commercial activity shall be located in the rear yard of the single detached dwelling, but shall comply with all other minimum yard requirements.

c) Maximum Lot Coverage:

The total lot coverage of all buildings and structures used for the purposes described in Clause 8.1.a) of this paragraph, or for purposes accessory thereto, shall not exceed twenty (20%) of the lot area of the lot."

d) Maximum Number of Main Buildings per Lot

No maximum, provided however, that only one single detached dwelling shall be permitted.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, no driveway access shall be permitted along the exterior side lot line."

B - 4 December 2001



ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Part of Martha Street and Part of Block A, Registered Plan M-28, more particularly described as Part One (1) and part Two (2) of Description Reference Plan 55R-2989,


a) PERMITTED USES

In addition to the uses listed in Section 39.1, a hairdressing establishment, a variety store and a restaurant shall also be permitted."


"10 NOTWITHSTANDING the provisions of Section 5.13.9.(b) and 39.2.7 of this By-law as they apply to an institution of culture, and notwithstanding the provisions of Section 39.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Three (3), Registered Plan 856, and easterly 108.0 metres of Lot Four (4), Registered Plan 856, measured in perpendicular width from the western boundary of Lot Three (3) of the said plan,


a) Parking Spaces Required Non-Residential Uses

Institution of culture one space for every 2.5 fixed seats

b) Height

33.0 metres

c) PERMITTED USES

In addition to the uses listed in Section 39.1, a multipurpose centre designed and constructed to include convention facilities and/or meeting rooms, and/or gymnasiums and/or facilities for conducting trade shows shall also be permitted."


"11 NOTWITHSTANDING the provisions of Section 4.124, 5.9, 5.12, 5.13.1a), 5.13.1b), 5.13.1d), 5.13.3b), 5.13.4, 5.13.8, 5.13.9a) and 5.13.9b), 5.18, 24.1 24.2, 24.2.1, 24.2.3, 24.2.4, 24.2.5, 24.2.8, of this By-law in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of all of Lot 258 and that portion of Lots 259 to 264 both inclusive, excepting the Southerly 14 feet of Lots 259 to 264, Registered Plan M-13, opened as part of Victoria Avenue by By-law 828 of The Corporation of the City of Fort William, and that portion of the lane South of Lot 258, Registered Plan M-13, more particularly described as Part One of Reference Plan 55R-3984,


B - 5 December 2001

a) Lot Line, Front

For the purposes of this By-law the front lot line shall be considered to be the lot line adjacent to Marks Street.

b) Lots with more than one Use

The provisions of Section 5.9 shall not apply.

c) Off Street Loading Space Requirements


d) Off Street Parking Requirements

(i) Access to parking Areas and Spaces:

The provisions of Sections 5.13.1a), 5.13.1b), and 5.13.1d) shall not apply.

(ii) Calculation of Spaces:

The provisions of Section 5.13.3b) shall not apply.

(iii) Dimensions of Parking Spaces:

Any required parking space shall have a width of not less than 2.74 metres and a length of not less than 5.48 metres. The provisions of Sections 5.13.4a), 5.13.4b), 5.13.4c) and 5.13.4d) shall not apply.

(iv) Underground Parking Area:

The provisions of Section 5.13.8 shall not apply.

(v) Parking spaces Required:

The provisions of Section 5.13.9a) and 5.13.9b) shall not apply. A minimum of 1.22 parking spaces must be provided for each residential dwelling unit.

e) Sight Triangles


f) PERMITTED USES

It shall be permissible to use the lands described herein for an apartment dwelling containing not more than ninety (90) dwelling units and sub-grade and above grade parking facilities. In addition, the following uses may be permitted on the ground floor of the building only:

- bake shop - bank - community clinic - drug store - dry cleaning depot - food store - office - personal service shop - retail store - restaurant - service shop - variety store - buildings, structures or uses accessory to a permitted use

B - 6 December 2001

g) Regulations

(i) Minimum Lot Area:

The minimum lot area shall be the lot area of the lots described in this paragraph.

(ii) Minimum Interior Side Yard:

There shall be no minimum interior side yard requirement.

(iii) Minimum Rear Yard:

There shall be no minimum rear yard requirement.

(iv) Maximum Height:

No part of the area shown as 'Decked and Sub-Grade Parking' on Exhibit 1 to and forming part of this paragraph shall exceed 2.7 metres in height but this regulation shall not be interpreted to restrict the height of lighting poles or landscaping features. No Part of the area shown as 'APARTMENT BUILDING' on the said Exhibit shall be permitted to exceed 10 storeys in height. A reef top amenity area and any item specified by Section 5.6.1, Height Exemptions, will be permitted to exceed this maximum 10 storey height regulation.

(v) Buffering:

The provisions of Section 24.2.8 shall not apply.

h) ADDITIONAL REGULATIONS

No building or structure shall be erected unless it is in conformance with Exhibit 1 to and forming part of this paragraph and the portion of the building or structure that is to be used for actual dwelling purposes or used for the permitted uses described heretofore, shall be restricted to that area of the lot specified on the said Exhibit."

BY-LAW 177-1983 Amended by By-law 172-1977

Effective Date: March 16, 1987 Effective Date: July 28, 1997

"12 NOTWITHSTANDING the provisions of Sections 5.13.1a), 5.13.1b), 5.13.1c), 5.13.1D) 5.13.6 and 24.1 of this Bylaw, in the case of the lands and premises being more particularly described as follows namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William and being composed of Lot 239, Registered Plan M-10,


a) Access to Parking Areas and Spaces

Each parking area containing three or more parking spaces shall have unobstructed access to an aisle leading to a driveway or shall have direct access to a street or lane. The provisions of Section 5.13.1a), 5.13.1b), and 5.13.1d) shall not apply.

b) Location of Parking Areas

It shall be lawful to use Lot 239, Registered Plan M-10, for parking lots accessory to a permitted use contained on Lots 233 to 238, both inclusive, Registered Plan M-10, provided however, that Lot 239, Registered Plan M-10, and Lot 345, Registered Plan M-13 shall not be used to determine the minimum lot area requirements for the main use contained on Lots 233 to 238, both inclusive, Registered Plan M-10.

B - 7 December 2001

c) PERMITTED USES

- A parking lot accessory to a permitted use contained on Lots 233 to 238, both inclusive, Registered Plan M-10

- building structure or uses accessory to the aforementioned parking lot

- no other use listed in Section 24.1 shall be permitted"


"13 NOTWITHSTANDING the provisions of Sections 23.1 of this By- law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Thirty (30) to Thirty-four (34), inclusive, Block Forty-four (44), Registered Plan M-25, plus a sixteen (16) foot laneway at the rear of Lots Thirty (30) to Thirty-four (34),


a) PERMITTED USES

In addition to the uses listed in Section 23.1, an office, including but not limited to an office of Handicap Action; a general repair area specifically associated with an office of Handicap action, for minor service of vehicles; and a day nursery shall also be permitted."

BY-LAW 177-1983 Amended by BY-LAW 2-1986 Amended by BY-LAW 188-1986

Effective Date: March 16, 1987 Effective Date: March 16, 1987 Effective Date: March 16, 1987

"14 NOTWITHSTANDING the provisions of Section 5.13.9 and 37.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Thirty-seven (37), to Forty. (40), both inclusive, Block Forty-six (46), Registered Plan W-54,


a) Parking Spaces Required

In addition to the requirements listed in Section 5.13.9 a theatre, as permitted in this paragraph, shall provide one space for every six fixed seats and one space for every 6.0 square metres of floor area used for assembly where there are no fixed seats.

b) PERMITTED USES

In addition to the uses listed in Section 37.1 a theatre for live performances which may include facilities for the serving of refreshments (alcoholic or non-alcoholic) and the sale of retail articles when associated with the main use shall also be permitted."


Effective Date: March 16, 1987 Effective Date: March 16, 1987

"15 NOTWITHSTANDING the provisions of Sections 5, 35.1 and 35.2, in the case of the lands and premises being more particularly described as follows, namely:

B - 8 December 2001

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntrye, in the district of Thunder Bay and being composed of a portion of the Northwest Quarter of Section 49 and more particularly shown as the 'Development Area' on Exhibit 1 to and forming part of this paragraph,


a) PERMITTED USES

In addition to the uses listed in Section 35.1, an office and mechanical service building and asphalt plant shall also be permitted provided that:

(i) there shall be no truck traffic on the site or on any road of access to the site or noise generated on the site prior to 7 a.m. provided that light trucks of company employees travelling to or from work may be permitted at any time.

(ii) the asphalt plant shall cease operation at 6 p.m. and no loaded trucks shall leave the site after that time unless there are unusual circumstances created by job type or location which necessitates the extension of the hour of operation. The company may, under such unusual circumstances, extend the operation of the asphalt plant to 7 p.m. Any question as to whether unusual circumstances have existed will be determined, upon application of any interested party by the City Engineer or his nominee. The reasonable expenses of such application shall be borne by the company.

(iii) trucks used in connection with the plant operation will be permitted to return to the site within a reasonable time from the cessation of the plan operation.

b) Regulations

The regulations of Sections 5 and 35.2 shall apply except in the case of the additional permitted use listed in (1)a) in which case the following shall apply:

(i) To minimize nuisance caused by dust all roads on the site in the vicinity of the plant, and the shoulder of Oliver Road from the expressway to the access road to the plant, shall be paved without charge by the company (subject to agreement by the road authority in the case of Oliver Road).

(ii) While the asphalt plant is in operation on the site the company shall not exercise any rights it may have for blasting, drilling or crushing at the said site.

(iii) Any office and mechanical service building constructed upon the lands within the said Development Area shall not be nearer than 53.34 metres and not further than 167.64 metres from the Easterly boundary of the said Development Area, and shall not be nearer than 7.62 metres and not further than 68.58 metres from the Southerly boundary of the said Development Area.

(iv) Any asphalt plant constructed upon the land within the said Development Area shall not be nearer than 121.92 metres and not further than 274.32 metres from the Easterly boundary of the said Development Area, and shall not be nearer than 213.36 metres not further than 396.24 metres from the Southerly boundary of the said Development Area.

(v) So long as the said lands designated as Development Area are used for the purposes provided herein, the owner of the lands within the 'Property Limits' shown on Exhibit 1 hereto shall preserve and maintain the present treed buffer strip situated within the area shown hatched on the said Exhibit and designated on the said Exhibit as 'Treed Buffer' and shall take all reasonable steps from time to time to replant trees within the said Treed Buffer to insure that the quality and thickness of the growth is maintained.

B - 9 December 2001

(vi) Notwithstanding the foregoing, the owners of the lands within the said 'Property Limits' shall be entitled to use and maintain and to widen to width of not more than 15.24 metres the roadway presently used for access to Oliver Road.

(vii) No part of the lands to the south of the Southerly boundary of the said Development Area marked on Exhibit 1 hereto shall be used for any parking purposes."


"16 NOTWITHSTANDING the provisions of Section 13.1 and 13.2.9b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Sixteen (16), to Eighteen (18), both inclusive, Block 27, Registered Plan 147,


a) PERMITTED USES

In addition to the uses listed in Section 13.1, a messenger and transfer service which may include facilities for the storage, maintenance and repair of vehicles used by the service shall also be permitted.

b) Regulations

The regulations contained in Section 13.2 for a single family dwelling shall apply to the messenger and transfer service except for the following:

(i) Maximum Number of Main Buildings per Lot:

Two."



ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the City of Thunder Bay (formerly in the Township of Neebing), in the District of Thunder Bay, and Province of Ontario, and being composed of:

FIRSTLY:

That part of the West Half from front to rear of Lot Number 14 in the First Concession of the said former Township of Neebing, South of the Kaministikwia River which lies North of the Northerly limit of the International Highway as established in 1952, containing 41.293 acres, more or less.

The said Northerly limit of the said International Highway as established in 1952, in the said West half of said Lot Number 14 in the First Concession of the said former Township of Neebing, South of the Kaministikwia River is shown on Plan of survey Number P2572-1 attached to Notice of Expropriation dated the 2nd day of August, 1951 and registered the 12th day of September, 1951, in the Land Registry Office for the Registry Division of Thunder Bay (formerly the Registry Division of the District of Fort William) in Book for township of Neebing as Number 5956, and is more particularly described as follows:

PREMISING that all bearings herein are astronomic and are referred to the meridian through the intersection of the highway sub-tangent with the Westerly limit of Neebing Avenue in longitude 80° 17' 45" West;

B - 10 December 2001

COMMENCING at the point of intersection of the northwesterly limit of the King's Highway also known as the International Highway, with the West limit of Lot Number 14, and which said point is distant 453.24 feet measured North 0° 04' 30" East along the West limit of Lot Number 14 from the Southwest corner of Lot Number 14 marked by an iron bar;

THENCE North 0° 04' 30" East along the West limit of Lot Number 14 a distance of 91.19 feet to the point of commencement;

THENCE North 47° 21' 30" East, a distance of 843.88 feet to a Department of Highways Monument;

THENCE North 47° 21' 30" East a distance of 97.01 feet, more or less, to a point in the division line between the East Half and the West Half of said Lot Number 14 as described in instrument number 6273.

EXCEPTING THEREOUT AND THEREFROM all that portion of the above described land conveyed from The Director, The Veterans' Land Act to Her Majesty the Queen, in the Right of the Province of Ontario, represented by the Minister of Highways for the Province of Ontario by instrument dated September 29th, 1966 and being designated as part 1 shown outlined on Plan of Survey P-8069-7 attached to the above mentioned instrument.

SECONDLY:

That portion of Lot Fifteen (15) in Concession One of the said township of Neebing South of the Kaministiquia river more particularly described as follows:

COMMENCING at the point of intersection of the East Limit of the said Lot and the Northerly limit of Highway 61 as said highway is shown on Plan of Survey P 2572-1 registered as No. 5956, said point being distant four Hundred and Seventy-six and Thirty-seven One-hundredths (476.37') Feet from the South-east angle of said Lot;

THENCE North 0°, 04 minutes, 30 seconds, East along said East Limit, One thousand, four Hundred and Twenty-four and Sixty-eight One-Hundredths (1,424.68') Feet;

THENCE North 89° 55 minutes, 30 seconds, West One Hundred and Twenty-One and Four tenths (121.4') Feet;

THENCE South 0°, 04 minutes, 30 seconds, West One thousand, five Hundred and Thirty-five (1,535.00') Feet more or less to the Northerly limit of said highway;

THENCE North-easterly following the Northerly limit of said highway on a curve to the left having a radius of Two Thousand, Eight Hundred and Fourteen and Seventy-nine One hundredths (2,814.79') Feet, the chord equivalent being Eighty and Sixty-three One-hundredths (80.63') Feet on a bearing of North 48°, 10 minutes, 45 seconds, East;

THENCE North 47°, 21 minutes, 30 seconds, East Eighty-three and Fifty-one One-hundredths (83.51') Feet to the point of commencement. Bearings are referred to the East limit of Lot Fifteen (15) shown as North 0°, 04 minutes, 30 seconds, East on said Plan of Survey P 2572.1;

SAVING AND EXCEPTING therefrom that portion of the said Lot fifteen (15), Concession One, expropriated by the Department of Highways for the Province of Ontario designated as Part 2 on Plan Number P 2572-18.

THIRDLY:

That part of Lot Fifteen (15), in the First Concession South of the Kaministiquia River, in the said Township, more particularly described as follows:

The Northerly Three and Four tenths (3.4) acres of the Easterly 7½ acres of Lot 15, Concession 1 – SR, which may be more particularly described as follows:

COMMENCING at the South Easterly angle of the said Lot 15;


THENCE, North Zero (00) degrees, Nine (09) minutes and Thirty (30) seconds East along the East boundary of the said Lot One thousand Nine Hundred and One and Five One Hundredths (1901.05) feet to an Iron Post planted and the place of beginning;

THENCE, North Eight-nine (89) degrees, Fifty (50) minutes and Thirty (30) seconds west, One Hundred and Twenty-eight (128.0) feet to an Iron Post planted;

THENCE, North Zero (00) degrees and Nine (09) minutes and Thirty (30) seconds East, One thousand and Eighty-nine and Twenty One Hundredths (1089.20) feet to a point in the Easterly limit of the allowance for road of the East bank of the Kaministiquia River;

THENCE, North Easterly, downstream along the said Easterly limit of the allowance for road, to the East boundary of the said lot;

THENCE, South Zero (00) degrees Nine (09) minutes and thirty (30) seconds West along the last mentioned limit, One Thousand, Two Hundred and Eighty-five and Thirty five One Hundredths (1285.35) feet more or less to the place of beginning, the same containing by admeasurement three and Four tenths (3.4) acres, more or less and being more particularly shown outlined in Yellow on plan of Survey by Ontario Land Surveyor, John Prystanski, dated at Port Arthur, Ontario, the 7th day of June, A.D. 1954

FOURTHLY

That portion of Lot fifteen (15), Concession ONE (1), South of the Kaministiquia River, being designated as PART TWO (2) THREE (3) and FOUR (4) on Description REFERENCE PLAN 55R-3200.


a) PERMITTED USES:

In addition to the uses listed in Section 27.1 a motor vehicle racetrack which may include dwelling unit for the owner or caretaker residing on the same lot therewith may also be permitted."


"18 NOTWITHSTANDING the provisions of Section 27.1 of this By-law in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate lying and being in the City of Thunder Bay (formerly Port Arthur), in the District of Thunder Bay and being composed of:

FIRSTLY

Lot Number Seventy-two (72) on the west side of Hill Street according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 157.

SECONDLY

The Westerly One Hundred and Twenty-eight feet (128') of Lot Thirteen (13), on the East Side of Hill Street, in the said city according to a Plan filed in the Registry Office for the Registry Division of Thunder bay East as Number 1999, which said Parcel is more particularly described as follows:

COMMENCING : at the South-west angle of the said Lot 13;

THENCE: Northerly along the Westerly boundary of the said Lot which is also the Easterly boundary of Hill Street, in the said City to the North-westerly angle of the said Lot;

THENCE: Easterly along the Northerly boundary of the said Lot to a point therein distant Seventy Feet (70') measured Westerly thereon from the North-easterly angle of the said Lot;


THENCE: Southerly in a straight line to a point in the Southerly boundary of the said Lot distant Seventy Feet (70') measured Westerly thereon from the South-easterly angle of the said Lot:

THENCE: Westerly along the Southerly boundary of the said Lot to the point of commencement;

THIRDLY:

The Southerly Thirty-seven and one-half (S.37½) feet of Lot Seventy-one (71), on the west side of Hill Street in the Russell Addition, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay East at the City of Thunder Bay as Number 157, and which is more particularly described as follows:

COMMENCING at the South-Easterly angle of the said Lot Seventy-one (71);

THENCE Northerly Thirty-seven and one-half (37½) feet along the easterly boundary of the said Lot which is also the Westerly limit of Hill Street;

THENCE Westerly parallel to the Southerly boundary of the said Lot One Hundred and eighty-one and one-half (18½) feet, more or less, to the Westerly boundary of the said Lot;

THENCE Southerly thirty-seven and one-half (37½) feet along the Westerly boundary of the said Lot to the South westerly angle of the said lot;

THENCE Easterly One Hundred and eight-one and one-half (181½) feet, more or less, along the Southerly boundary of the said Lot to the South-east angle thereof, the POINT OF COMMENCEMENT

FOURTHLY:

A portion of Lot number Ten (10) in the Russell Addition to the said City of Port Arthur, being a subdivision of Lot Number One (1) Concession Thirteen (13) on the East side of Hill Street, according to a Plan registered in the Registry Office for the Registry Division of Port Arthur as Number 157, more particularly described as follows: COMMENCING at the South-Easterly angle of the said Lot Ten (10); THENCE Westerly along the Southerly limit of the said Lot, seventy (70) feet to the point of commencement of this description; THENCE in a general Northerly direction in a straight line to a point in the Northerly limit of the said lot distant seventy (70) feet measured Westerly along the said Northerly limit from the North-easterly angle of the said Lot; THENCE Westerly along the Northerly limit of the said Lot, one hundred and twenty-eight (128) feet more or less to the North-Westerly angle of the said lot; THENCE Southerly along the Westerly limit of the said lot, Sixty-six (66) feet more or less to the South-westerly angle of the said lot; THENCE Easterly along the Southerly limit of the said Lot, One Hundred and Twenty-eight (128) feet more or less to the point of commencement;

FIFTHLY

Portion of Lot Eleven (11) on the East side of Hill Street, as shown on a Plan registered in the Registry Office for the Registry Division of Port Arthur as Number 157 and may be more particularly described as follows: Commencing at the South-West angle of the said lot; thence Easterly along the South-West angle of the said lot; Thence Easterly along the Southerly limit of the said Lot, One Hundred and Twenty-eight (128) feet; thence Northerly, parallel to the Westerly Limit of the said Lot, to the Northerly limit thereof; thence Westerly along the said Northerly limit, to the North-Westerly angle thereof; thence Southerly along the Westerly limit of the said Lot, to the point of commencement.

hereinafter referred to as the 'said lands',



a) PERMITTED USES

A radio and/or television studio and/or a radio and/or television transmitting station shall be permitted only when situated in the buildings existing on the said lands on the effective date of this By-law. Such use may include a private parking area or areas.

b) Rebuilding or Repair

Should any of the said buildings be damaged by accidental fire or natural disaster to the extent of more than sixty percent (60%) of its value, it shall not be restored unless a decision of the Committee of Adjustment rules otherwise;

For the purpose of this subsection, 60% of the value is exclusive of walls below grade and shall be determined at the date of damage by fair building standards and two estimates by certified appraisers shall be obtained with the average estimated percentage deemed to be the percent of the building damaged.

c) Restoration:

Subject to b) above, nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings provided that such repair or restoration does not increase the height, size or volume or change in any way the use of the said buildings."



"19 NOTWITHSTANDING the provisions of Sections 4.201, 9.1 and 9.2.8 of this By-law, in the case of that portion of the lands and premises being more particularly described as follows, which are zoned RE on Map 6-I to and forming part of this By-law, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location One (1), Herrick's Survey, in the said Township and which is more particularly described as follows;

COMMENCING at the South-West angle of the said Location;

THENCE Easterly along the South limit of the said Location, One Thousand and Three Hundred and Twenty-two and Sixty-four Hundredths (1,322.64) feet;

THENCE Northerly and parallel with the Westerly limit of the said Location, Three Thousand and One Hundred and Thirty-four (3,134)feet, more or less, to the Southerly limit of the Oliver Road;

THENCE Westerly along the Southerly limit of the Oliver Road, One Thousand and Three Hundred and Twenty-two and Sixty-six Hundredths (1,322.66) feet, more or less, to the West limit of the said Location;

THENCE Southerly along the West limit of the said Location, Three Thousand and Two Hundred and Nineteen and Twenty-five Hundredths (3,219.25) feet, more or less, to the point of commencement.

SAVING AND EXCEPTING therefrom those portions of the said Location being more particularly described as follows:

FIRSTLY

PREMISING that the West limit of the said Location has a bearing of North four (4) degrees, forty-five (45) minutes and thirty-five (35) seconds West and relating all bearings herein thereto:


AND COMMENCING at a point in the West limit of the said Location where it is intersected by the South limit of the Oliver Road, the said point being distant Seventy-five and Fifteen One-Hundredths (75.15) feet measured South four (4) degrees, forty-five (45) minutes and thirty-five (35) seconds East along the said limit of the said Location from the North West angle of the said Location;

THENCE North eighty-nine degrees and twenty-nine (29) minutes East along the South limit of the Oliver Road, Three Hundred (300) feet;

THENCE South four (4) degrees, forty-five (45) minutes and thirty-five (35) seconds East parallel with the West limit of the said Location, Three Hundred (300) feet;

THENCE South eighty-nine (89) degrees, and twenty-nine (29) minutes West Three Hundred (300') feet to the West limit of the said Location;

THENCE North four (4) degrees, forty-five (45) minutes and thirty-five (35) seconds West along the said limit of the said Location, Three Hundred (300) feet to the point of commencement.

SECONDLY

PREMISING that the bearings herein are derived from those shown on plan of expropriation by the Department of Highways and registered in the Registry Office for the Registry Division of Port Arthur as Number 10414;

COMMENCING at a point in the South limit of Oliver Road as shown on the said Plan distant 300.13 feet measured North 89 degrees and 34 minutes East thereon from its intersection with the West limit of the said Location;

THENCE South 4 degrees and 48 minutes East parallel with the West limit of the said Location 267.68 feet;

THENCE South 89 degrees and 15 minutes West, 300 feet to the West limit of the said Location;

THENCE South 4 degrees and 48 minutes East, 230.66 feet along the West limit of the said Location;

THENCE North 89 degrees and 34 minutes East, 400 feet;

THENCE North 4 degrees and 48 minutes West, 500 feet to the Southerly limit of Oliver Road, as shown on the said Plan;

THENCE North 89 degrees and 34 minutes West along the said limit of the said Oliver Road, 99.87 feet to the point of commencement.

THIRDLY

Commencing at a point in the Southerly limit of the Oliver Road as shown on plan of Expropriation by the Department of Highways and registered in the Registry Office for the Registry Division of Port Arthur as Number 10414, the said point being distance 400 feet measured Easterly along the said limit of the said Road from its intersection with the West limit of the said Location;

THENCE Southerly parallel with the West limit of the said Location, 500 feet;

THENCE Easterly parallel with the said Southerly limit of the Oliver Road, 50 feet;

THENCE Northerly parallel with the West limit of the said Location, 500 feet to the said Southerly limit of the Oliver Road;

THENCE Westerly along the said limit of the Oliver Road, 50 feet to the point of commencement.


FOURTHLY

COMMENCING at a point in the West limit of the said location distance 500 measured Southerly thereon from its intersection with the South limit of the Oliver Road as shown on plan of expropriation by the Department of Highways filed in the Registry Office at Port Arthur as Number 10414;

THENCE Easterly parallel with the South Limit of the said Oliver Road, 450 feet;

THENCE Southerly parallel with the West limit of the said Location, 2660.29 feet, more or less, to the South limit of the said Location;

THENCE Westerly along the said limit of the said Location, 448.71 feet, more or less, to the South West angle of the said Location;

THENCE Northerly along the West limit of the said Location, 2688.59 feet, more or less, to the point of commencement.

FIFTHLY

COMMENCING at a point in the South limit of the Oliver Road as shown on plan of expropriation by the Department of Highways filed in the Registry Office for the Registry Division of Port Arthur as Number 10414, the said point being distant 1204.69 feet measured Easterly along the said limit of the Oliver Road from the West limit of the said Location;

THENCE continuing Easterly along the said limit of the Oliver Road, 120 feet;

THENCE Southerly parallel with the West limit of the said Location, 380 feet;

THENCE Westerly parallel with the South limit of the said Oliver Road, 120 feet;

THENCE Northerly parallel with the West limit of the said Location, 380 feet to the point of commencement.

SIXTHLY

COMMENCING at a point in the South limit of the Oliver Road as widened as shown on plan of expropriation by the Department of Highways and registered in the Registry Office for the Registry Division of Port Arthur as Plan Number 10414, the said point being distant 450 feet measured Easterly along the said limit of the said Road from the West limit of the said Mining Location;

THENCE continuing Easterly along the said limit of the said Road, 200 feet;

THENCE Southerly and parallel with the West limit of the said Location, 500 feet;

THENCE Westerly parallel with the said South limit of the said Road, 200 feet;

THENCE Northerly parallel with the West limit of the said Mining Location, 500 feet to the point of commencement.

hereinafter referred to as the 'said lands'.


a) DEFINITIONS

For the purpose of this paragraph a Service Shop means a light industrial use in a building or part thereof operated for the sole purpose of repairing or servicing articles, goods, or merchandise, not being vehicles.


b) PERMITTED USES

In addition to the permitted uses listed in Section 9.1, the following shall also be permitted, but only when situated in the buildings existing on the said lands on the effective date of this By-law:

- a service garage for highway tractor trailers - a warehouse - a light industrial or manufacturing use totally conducted within the said buildings

and which does not involve the production, storage, or main use of obnoxious hazardous or offensive chemicals, fumes or other materials

- truck depot - a service shop

c) Rebuilding or Repair:

Should the said buildings be damaged or destroyed by accidental fire or natural disaster, this By-law shall not prevent the reconstruction of the said buildings to their prior dimensions or to smaller dimension at their prior location.

d) Restoration:

Subject to (c) above, nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings provided that such repair or restoration does not increase the height, size or volume of the said buildings.

e) Maximum Number of Main uses and Main Buildings Per Lot;

The provision of Section 9.2.8 shall apply for those uses listed in Section 9.1. For the additional uses listed in b) above, the following shall apply:

i) Uses:

no maximum

ii) Buildings:

two only."



ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay formerly in the Township of McIntyre, in the District of Thunder Bay and being more particularly described as follows, namely:

FIRSTLY

A Portion of Lot Six (6), in the Subdivision of the Southeast Quarter of Section 49 as shown on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 760, and which said portion is more particularly described as follows:

PREMISING that the North limit of the said Lot has a bearing of South 89 degrees and 45 minutes East and relating all bearings herein thereto;

COMMENCING at a point in the North limit of the said Lot distance 112.96 feet measured Easterly thereon from the Northwest angle of the said Lot;

THENCE South 0 degrees, 57 minutes and 30 seconds East, 186.29 feet, more or less, to the Northern limit of the Oliver Road as shown on Plan P-2890-13 by the Department of Highways filed in the Registry Office at Thunder Bay as Number 10437;


THENCE Easterly along the said limit of the said Highway, 428.81 feet, more or less, to the East limit of the said Lot;

THENCE Northerly along the East limit of the said Lot, 99 feet, to the Northeast angle of the said Lot;

THENCE Westerly along the North limit of the said Lot, 415.78 feet, more or less, to the point of commencement;

SAVING AND EXCEPTING therefrom Part 1 on Department of Highways Plan of Survey P-2890-24, registered as Instrument Number 125205.

SECONDLY:

A Portion of the Northeast Quarter of Section 49, in the said City, containing 0.53 acres, more of less, more particularly described as follows

PREMISING that the North limit of Lot Six (6) according to Plan of Subdivision registered in the Registry Office for the registry Division of Thunder Bay as Number 760 has a bearing of South 89 degrees and 45 minutes East and relating all bearings herein thereto;

COMMENCING at the Northeast angle of the said Lot Six (6);

THENCE Northerly parallel to the East limit of the said Quarter Section 66 feet;

THENCE North 89 degrees and 45 minutes West parallel to the North limit of the said Lot Six (6), 351.73 feet, more or less, to intersect a line drawn North 0 degrees, 57 minutes and 30 seconds East from a point in the North limit of the said Lot Six (6) distant 178.97 feet measured Easterly thereon from the Northwest angle of the said Lot Six (6);

THENCE South 0 degrees, 57 minutes and 30 seconds West, 66.01 feet, more or less, to the North limit of the said Lot six (6);

THENCE South 89 degrees and 45 minutes East along the North limit of the said Lot 6, 350.65 feet, more or less, to the point of commencement.

THIRDLY

A portion of Lot Number 7, according to a Plan registered in the Registry Office for the Registry division of Port Arthur as Number 760, and more particularly described as follows:

COMMENCING at a point in the East limit of the said Lot where it is intersected by the South limit of the Oliver road as widened as shown on Department of Highways Plan registered in the Registry Office for the Registry division of Port Arthur as Number 10437 for McIntyre;

THENCE South 74 degrees, 37 minutes West along the said limit of the said Highway 290 feet, 5 inches, more or less, to a point distant 125 feet Easterly along the said limit of the said highway from its point of intersection with the West limit of the said Lot Number 7;

THENCE Southerly and parallel with the West limit of the said Lot 542.78 feet;

THENCE South 74 degrees, 37 minutes West parallel with the said limit of the said Highway 125 feet to the West limit of the said Lot;

THENCE South along the West limit of the said Lot 387.64 feet, more or less, to the Southwest angle of the said Lot;

THENCE East along the South limit of the said Lot 400 feet, more or less, to the Southeast angle of the said Lot;

THENCE North along the East limit of the said Lot 1,013.55 feet more or less to the point of commencement,



a) PERMITTED USES

In addition to the uses listed in Section 27.1, the storage of buses shall also be permitted."


"21 NOTWITHSTANDING THE PROVISIONS OF Section 39.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Northwest Quarter of Section Fifty (50) in the said Township and which is more particularly described as follows:

Premising that the west limit of the said section has a bearing of North and relating all bearings herein thereto and commencing at the South West angle of the said Quarter Section;

THENCE easterly along the southerly limit of the said Quarter Section Two Hundred and Twenty-four and Seventy-eight Hundredths (224.78) feet to the North limit of the Oliver Road;

THENCE north seventy-five (75) degrees and Thirty-six and one-half (36.5) minutes east along the said limit of Oliver Road, One hundred and Sixty-six and Sixty-eight Hundredths (166.68) feet, which said point is the point of commencement, for this description;

THENCE continuing North seventy-five (75) degrees and thirty-six and one-half (36.5) minutes east along the said limit of the Oliver Road, Six Hundred and Thirty-one and Eight-Three Hundredths (631.83) feet;

THENCE north Nine Hundred and Eight-nine (989) feet;

THENCE west six hundred and Twelve (612) feet to intersect the line drawn on a bearing of north from the point of commencement;

THENCE south along the said line, One Thousand, One Hundred and Forty-six and Seventeen Hundredths (1146.17) feet, more or less to the point of commencement,


a) PERMITTED USES

In addition to the uses listed in Section 39.1, a drive-in theatre shall also be permitted."


"22 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 5-0 of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the city of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots One (1) and Two (2), Block Ten (10), Registered Plan 147,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "NC2" – Neighborhood Commercial zone 2."


"23 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-N of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Eight (8), Registered Plan 43 and Lots Eleven (11) and Twelve (12), Registered Plan 236,

are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "CIN" – Community Institutional Zone."


"24 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-J, 7-K, 8-J and 8-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Block "C", Registered Plan 869,

are hereby removed from the "NIN" – Neighbourhood Institutional Zone and designated as part of the "OS" – Open Space Zone."


"25 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-0 of this By-law, the zone designation shown as "Inaccurate Zone Symbol" on EXHIBIT ONE to and forming part of this paragraph shall be "R2" rather than "RM"."



"26 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-Q of this by-law, the zone designation shown as "Inaccurate Zone Symbol" on EXHIBIT ONE to and forming part of this paragraph shall be "RM2A" rather than "RM2"."



"27 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder bay, in the District of Thunder Bay and being composed of a portion of Mining Location 10, Savigny's Survey, more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "OS" – open space zone and designated as part of the "RE" – Residential Estate Zone."


"28 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-G of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9), Fifteen (15) , Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), Registered Plan 742, saving and excepting Part Nineteen (19) of Plan R.R.76,

are hereby removed from the "LI" - Light Industrial Zone and designated as part of the "SI" - Suburban Industrial Zone."




"29 NOTWITHSTANDING the zone designation thereof as shown on zoning map 5-Q, of this By-law , the zone line shown as "Zone Line Location" on EXHIBIT ONE to and forming part of this paragraph shall be inserted as shown on the said EXHIBIT to correspond with the zone line shown on zoning Map 5-R of this By-law."



"30 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-K, of this By-law, the zone line shown as "Zone Line Location" on EXHIBIT ONE to and forming part of this paragraph shall be inserted as shown on the said EXHIBIT and that the zone symbol "R2" be inserted in the location shown as "Zone Symbol Location" on EXHIBIT ONE to and forming part of this paragraph, to correspond with the zone line and zone symbol shown on Zoning Map 8-J of this By-law."



"31 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-0, of this By-law, the zone line shown as "Zone Line Location" on EXHIBIT ONE to and forming part of this paragraph shall be inserted as shown on the said EXHIBIT and that the zone symbol "NIN" be inserted in the location shown as "Zone Symbol Location" on EXHIBIT ONE to and forming part of this paragraph, to correspond with the zone line and zone symbol shown on zoning Map 6-O of this By-law."


"32 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 4-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 834, 835, 836 and 837, Registered Plan M-37, and Lot 7, Registered Plan 643, and Block "B", Registered Plan M-289,

are hereby removed from the "HC" – Highway Commercial Zone and designated as part of the "R2" – Residential One and Two Unit Zone."



"33 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-M of this By-law, the zone designation shown as "Inaccurate Zone Symbol" on EXHIBIT ONE to and forming part of this paragraph shall be "MIN" rather than "NIN" to correspond with the zone symbol shown on Zoning Map 8-L of this By-law."



"34 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-L and 8-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One Hundred and Twenty-five (125), Registered Plan M-63 and Lot Fifty-four (54), registered Plan M-63, saving and excepting Part Two (2) of Description Reference Plan FWR-109, more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "CIN" - Community Institutional Zone."




"35 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-S of this By-law, the lands and premises being more particularly described as follows, namely:"

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots 297, 298 and 299, Registered Plan M-50, more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "R2" - Residential One and Two Unit Zone."


"36 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-0 of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty-five (25) and Twenty-six (26), Block Twelve (12), Registered Plan 54,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM1" Residential Multiple Low Density Zone in order to conform to the zoning of the said lots as shown on zoning Map 8-0."


"37 NOTWITHSTANDING the zone designation thereof as shown on Zoning map 7-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the North One Half (N. ½) in even width from front to back of Lot 1012, Registered Plan 357, Lots 1013 to 1030 inclusive, Registered Plan 357,

are hereby removed from the "MIN" – Major Institutional Zone and the "R2" – Residential One and Two Unit Zone and designated as part of the "HC" – Highway Commercial Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Six Hundred and Sixty-one (661) to Six Hundred and Sixty-three (663) inclusive and Lots Six Hundred and Thirty-four (634) to six Hundred and Thirty-six (636) inclusive, Registered Plan 274,

are hereby removed from the "OS" – Open Space Zone and designated as part of the "HC" - Highway Commercial Zone."


"39 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 4-0 of this by-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots One (1) to Five (5), Block Twenty-one (21) Registered Plan M-25,


are hereby removed from the "OS" – Opens Space Zone and designated as part of the "R2" – Residential One and Two Unit Zone."


"40 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-S of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of

FIRSTLY, part of Mining Location 7, Herrick's Survey designated as Parts ten (10) to Nineteen (19) inclusive of Description Reference Plan 55R-5900 and Part Two (2) and Part three (3) of Description Reference Plan 55R-5530 and

SECONDLY, part of the bed of the Current River opposite Mining Location 7, Herrick's survey, designated as Part One (1) of Description Reference Plan 55R-5557,

are hereby removed from the "OS" – Open Space Zone and designated as part of the "HR1" Harbour Industrial Zone."


"41 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-M, 5-M and 5-N of this By-law, the lands and premises being more particularly described as follows, namely:

FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder, in the District of Thunder Bay and being composed of Lots 341 to 355 inclusive, Lots 308 to 311 inclusive and Lots 126 to 129 inclusive, Registered Plan M-37 and Block "C", Registered Plan M-290,

are hereby removed from the "OS" and that part of Lot 4, Concession A, Township of McIntyre, being Part 7 of Description Reference Plan 55R-2985,

are hereby removed from the "OS" – Open Space Zone and designated as part of the "NC1" – Neighbourhood commercial Zone 1.

SECONDLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of part of Junot Avenue, now closed, Registered Plan M-37, being Part 5 of Description Reference Plan 55R-2984 and that part of Lot 4, Concession A, Township of McIntyre, being Part 7 of Description Reference Plan 55R-2985,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "NC1" - Neighbourhood Commercial Zone 1,

THIRDLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder, in the District of Thunder Bay and being composed of that part of Picton Avenue, now closed, Registered Plan M-37, being Parts 1,2 and 9 Description Reference Plan 55R-2984 and that part of a lane allowance in Registered Plan M-37, being Parts 3 and 4 of Description Reference Plan 55R-2984, and that part of Junot Avenue, now closed, Registered Plan M-37, being Parts 6 and 12 of Description Reference Plan 55R-2984, and that part of Tokio Street, now closed, Registered plan M-37, being parts 14, 15 and 19 of Description Reference Plan 55R-2984 and Block "D", Registered Plan M-290, and Lots 97 to 125 inclusive, Registered Plan M-37 and that part of Lot 4, Concession "A", Township of McIntyre, being Parts 8 and 10 of Description reference Plan 55R-2985,


are hereby removed from the "OS" – Open Space Zone and designated as part of the "R1" – Residential One Unit Zone."


"42 NOTWITHSTANDING in the zone designation thereof as shown on zoning Maps 5-M and 5-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the North One Half (N. ½) of even width from front to rear of Block "E", Registered Plan 857 (2) are hereby removed from the "CIN" – Community Institutional zone and designated as part of the "R2" – Residential One and Two Unit zone."


"43 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-Q and 5-R of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of that part of Block "A", Registered Plan M-90, being Parts 1, 2 and 3 of Description Reference Plan 55R-6065,

are hereby removed from the "HR1" – Harbour Industrial zone and designated as part of the "L1" – Light Industrial Zone."



"44 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 7-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of that part of Lot One (1), Concession H, Township of Neebing Additional, bounded on the east by the easterly limit of the said Lot, bounded on the south by the easterly production of the centre line of McIntyre Street, now McNaughton Street, in Registered Plan W-54, bounded on the west by the east limit of Registered Plan W-54 and bounded on the north by the northerly limit of the said Lot, Concession H, shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" – Open space zone and designated as part of the "HI" Heavy Industrial Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southwest One Quarter (SW1/4) of Section 51 former township of McIntyre and a portion of the Southeast One Quarter (SE ¼) of Section 50 of the former township of McIntyre, more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "NIN" - Neighbourhood Institutional Zone."



"46 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-M of this by-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay, more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R-2" – Residential One and Two Unit zone and designated as part of the "R-1" – Residential One Unit Zone."


"47 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-J and 8-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the district of Thunder Bay and being composed of Lots One (1) to Thirty-seven (37) inclusive and Lots Forty (40) to Fifty-seven (57) inclusive, Registered Plan Number M-112, and the abutting road allowances or portions thereof, more particularly shown as "SUBJECT PROPERTY" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R-2" – Residential One and Two Unit Zone and designated as part of the "R-1" – Residential One Unit zone."


"48 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 7-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Six (6), Seven (7) and Nine (9), Registered Plan Number 782,

are hereby removed from the "R-1" – Residential One Unit Zone and designated as part of the "R-2" - Residential One and Two Unit Zone."


"49 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder and being composed of the Easterly five (E 5') feet of Lot Forty-eight (48), from front to rear thereof, the whole of Lot Forty-nine (49) and the Westerly three (3') feet from front to rear of Lot Fifty (50) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-764,

are hereby removed from the "R-1" - Residential One Unit Zone and designated as part of the "R-2" - Residential One and Two Unit Zone."


"50 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-L of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR the certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Thirty-four (34), Registered Plan Number 776

are hereby removed from the "R-1 – Residential One Unit zone and designated as part of the "R-2" – Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 4.120 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Thirty-four (34), Registered Plan Number 776,

the following shall apply:

LOT FRONTAGE

Means the distance between the side lot lines measured perpendicular to a straight line joining the middle point of the front lot line with the middle point of the rear lot line through the point on the said straight line 12 metres from its intersection with the front lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the city of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Sixty-seven (67), Registered Plan Number 764,

are hereby removed from the "R-1" – Residential One Unit zone and designated as part of the "R-2" – Residential One and Two Unit Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Sixty-seven (67), Registered Plan Number 764,


LOT FRONTAGE

Means the distance between the side lot lines measured perpendicular to a straight line joining the middle point of the front lot line with the middle point of the rear lot line through the point on the said straight line 9 metres from its intersection with the front lot line."

BY-LAW 116-1986 Amended by OMB


"52 (1) NOTWITHSTANDING the zone designation thereof as shown on zoning Maps 9-K and 9-L of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed Lots 10, 13, 14 and 16, Block "Q", Registered Plan 61, Oliver Davidson Subdivision and Lots 32 to 38 all inclusive, Block "Q" , Registered Plan 70, and Lots 261 to 266 to all inclusive, and Lots 268 to 273 all inclusive, and Lot 275, Registered Plan 42, and the abutting road and lane allowances or portions thereof shown as PROPERTY LOCATION "A" on EXHIBIT ONE to and forming part of this Paragraph.

are hereby removed from the "GCI" – General Commercial Zone 1 and designated as "L1" – Light Industrial Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Two Hundred and Thirty-five (235) to Two Hundred and Thirty-nine (239) all inclusive, and Lots Two Hundred and Forty-four (244) to Two Hundred and Forty-six (246) all inclusive, Registered Plan 42, and the abutting road and lane allowances or portions thereof shown as PROPERTY LOCATION "B" on EXHIBIT ONE to and forming part of this Paragraph,

are hereby removed from the "GC1" – General Commercial Zone 1 and designated as "NC2" – Neighbourhood Commercial Zone 2."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots 73 to 93 and a portion of Lots 94 and 95, and Lots 97 to 113 and a portion of Lots 114, 115 and 116, and Lots 118 to 132 and a portion of Lots 133 and 134, and Lots 136 to 148 and a portion of Lots 149 and 150, and Lots 153 to 162 and a portion of Lots 164 and 165, Registered Plan 379, and shall include lands to the centre line of any lane and/or street abutting the aforementioned lots, described as "Property Location", as shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" – Heavy Industrial zone and designated "R1" - Residential One Unit Zone."


"54 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-M and 7-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the a City of Thunder Bay, in the District of Thunder Bay and being comprised of the Westerly 8 ¼ feet of Lot Twenty-two (22), block Thirteen (13), Plan 179,

are hereby removed from the "R1" Residential One Unit Zone and are designated as "LIP" Light Industrial Park Zone."


"55 NOTWITHSTANDING the zone designation thereof as shown on zoning Map 7-0 of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the South half of Lot Sixteen, Block Twenty-three (23), Plan Number 57 and Lots Seventeen (17) to Twenty-two (22), Block Twenty-three (23), Plan Number 57,

are hereby removed from the "R2" – Residential One and Two Unit Zone and "NC1" Neighbourhood commercial zones and are designated as the "GC1" General Commercial Zone 1."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot One (1), Registered Plan Number 1720,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated "BCD" – Central Business District Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Eight (8) to Fourteen (14) inclusive, Registered Plan Number 107,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as "GC1" - General Commercial Zone 1."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Fifty (50), East side of Vickers Street, Registered Plan W-178,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated "CBD" – Central Business District Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the East 62.5 feet of Lots Three Hundred and Eighty-seven (387) and Three Hundred and Eighty-eight (388), Registered Plan WM.-10,

are hereby removed from the "R2" – Residential One and Two Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in City of Port Arthur, in the District of Thunder Bay and being composed of Lots Eight (8) to Ten (10), Block Twenty-three (23), Registered Plan Number 147,

are hereby removed from the "R2" Residential One and Two Family Zone and designated as "RM2A" Residential Multiple Medium Density Zone A"


"61 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-0 and 5-P of this by-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Fifty-four (54), Registered Plan 112,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated "GC1" – General Commercial Zone 1."


"62 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, the lands and premises being more particularly described as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the district of Thunder Bay and being composed of portions of Lot Seven (7) and Lot Eight (8), North side of Pearl Street, Town Plot, and being more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as "CBD" – Central Business District Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Twenty-five (25) to Thirty (30), Block 23, Registered Plan M-147,

are hereby removed from the "RM2A" – Residential Medium Density Zone A and designated as "R2" – Residential One and Two Unit Zone."



a) ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the district of Thunder Bay and being composed of Lot Seven (7) and the Southeasterly 100 feet (30.48 metres) of Block "A", Registered Plan 1341, and Lot Seventeen (17), registered Plan 121,

are hereby removed from the "R2" – Residential One and Two Unit zone and designated as "GC1" – General Commercial Zone 1."

b) ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the district of thunder Bay and being composed of Lot Eight (8), Registered Plan 1341 and Lot eighteen (18), Registered Plan 121,


are hereby removed from the "NCI" – Neighbourhood Commercial Zone 1 and designated as "GC1" – General Commercial Zone 1."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Seventy-one (71) to Seventy-six (76), on the East side of McKellar Street (formerly John Street), Registered Plan W-145 and the North part of Lot Seventy-two (72), Lots Seventy-three (73) to Seventy-six (76), on the West side of Archibald Street, Registered Plan W-145,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Twenty-eight (28) to Thirty-four (34) inclusive, Block Eighteen (18), Registered Plan Number 57,

are hereby removed from the "R2" Residential One and Two Unit Zone and designated as "RM2A" Residential Medium Density Zone A."


"67 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Three Hundred and Thirty-three (333) and Three Hundred and Thirty-four (334), Plan M-31,

are hereby removed from the "R2" – Residential One and Two Dwelling Unit Zone and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

NOTWITHSTANDING the provisions of Section 4.75 and 4.227 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Three Hundred and Thirty-three (333) and Three Hundred and Thirty-four (334), Registered Plan M-31,


a) definition of variety store and food store:

(i) the number "223" in section 4.75 is hereby deleted and the number "275" is substituted therefore;

(ii) the number "223" in Section 4.227 is hereby deleted and the number "275" is substituted therefore."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of thunder Bay and being composed of parts of Lots Three (3) and Four (4) on the Northwest corner of Lincoln Street and Vickers Street, Registered Plan M-26,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as pat of the "GC1" - General Commercial Zone 1."


"69 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-N and 8-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the East ten (10') feet of Lot Thirty-seven (37) and the whole of Lot Thirty-eight (38) in Block Seventeen (17), according to a Plan registered in the registry Office for the District of Thunder Bay as Plan W-54,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "GC1" - General Commercial Zone 1."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot 999, Registered Plan Number 357,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "NC2" - Neighbourhood Commercial Zone 2."


"71 NOTWITHSTANDING the provisions of Sections 13.2.1(b) , 13.2.2(b) and 13.2.7(b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and promises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Seventy-three (73) and Seventy-four (74), Registered Plan WM-14,

the following provisions shall apply for each lot:

a) Minimum Lot Area: 383.0 square metres

b) Minimum Lot Frontage: 10.0 metres

c) Minimum Interior side Yard: 10% of Lot Frontage."


"72 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-N of this By-law, the lands and premises being more particularly described as follows, namely


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots 32 to 35 and part of Lot 31`, Registered Plan 93, West side of May Street, and the South ten (10') feet of Lot 36 from front to rear of Registered Plan 178, Registered Plan 178, West side May Street; Lot 32 and the South part of Lot 33, Registered Plan 93, East side Brodie Street; Lots 1 to 12, Registered Plan 84; Lots 37 to 40 and the North part of Lot 36, Registered Plan 178, West side of Brodie Street, as shown on EXHIBIT ONE to and forming part of this paragraph,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Nine (9) to Fourteen (14) all inclusive, Registered Plan W-56, West side of Syndicate Avenue,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as "RM2A" – Residential Multiple Medium density zone A."


"74 NOTWITHSTANDING the zone designation thereof as shown on zoning Maps 9-K and 9-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of lots Twelve (12) to Eighteen (18) inclusive, Block "Q", Registered Plan W-70,

are hereby removed from the "RM2A" – Residential Multiple Medium Density Zone A designated as "GC1" – General Commercial Zone 1."


"75 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-M and 8-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Eighty-five (85), Registered Plan 144, is hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.75 and 4.227 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Eighty-five (85), Registered Plan 144,


a) definition of variety store and food store:

(i) the number "223" in Section 4.75 is hereby deleted and the number "275" is substituted therefore;




"76 (1) NOTWITHSTANDING the zone designation thereof as shown on zoning Map 9-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the West Thirty-three (W. 33') feet in perpendicular width from front to rear of Lot Number Two Hundred and Twenty-two (222) on the North side of Frederica Street in the said City of Thunder Bay according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-42,

is hereby removed from the "R2" – Residential One and Two Unit zone and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING THE PROVISIONS OF Section 23.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of the West Thirty-three (W. 33') feet in perpendicular width from front to rear of Lot Number Two Hundred and Twenty-two (222) on the North side of Frederica Street in the said City of Thunder Bay according to a Plan registered in the registry Office for the Registry Division of Thunder Bay as Number W-42,

In addition to the uses permitted within the "NC2" – Neighbourhood Commercial Zone 2 the following uses shall also be permitted:

(i) retail store

(ii) office

(iii) day nursery"


"77 NOTWITHSTANDING the provisions of Sections 5.23 and 13.2.8 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Six Hundred and Eighteen (618), Registered Plan M-41,


a) where Section 5.23 applies, in addition to the requirements thereof, there shall be a minimum exterior side yard of 1.5 metres;

b) the maximum height shall be 7 metres."


"78 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-J of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Three (3) and Part of Lot Four (4), Block Ten (10), Registered Plan 219,

are hereby removed from the "R2" Residential One and Two Unit Zone and designated as "NC2" – Neighbourhood Commercial Zone 2."


"79 Repealed by By-law 20-1987 Effective Date: March 16, 1987


"80 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of a portion of Lot Four (4), Registered Plan 671, more particularly described as follows:

COMMENCING at the North Easterly angle of the said Lot;

THENCE Southerly and along the Easterly limit of the said Lot 50 feet to a point;

THENCE Westerly and in a straight line to a point on the Westerly limit of the said Lot Distant 50 feet measured Southerly thereon from the North Westerly angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot 50 feet to the North Westerly angle of the said Lot;

THENCE Easterly and along the Northerly limit of the said Lot to the point of commencement,

are hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as "NC2" – Neighbourhood Commercial Zone 2."


"81 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-S and 4-T of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of part of Mining Location 6, Herrick's Survey, more particularly described as Lots One (1) to Eight (8) inclusive, as shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R-2" – Residential One and Two Unit Zone and designated as part of the "R-1" – Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 12.1, 12.2.4 and 12.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of part of Mining Location 6, Herrick's Survey, more particularly described as Lots One (1) to Eight (8) inclusive, as shown on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:


a) Permitted Uses

- home occupation - park - single detached dwelling - buildings, structures and uses accessory to a permitted use in this section


9.0 metres

c) Minimum Rear Yard

6.0 metres

d) Maximum Height

217.32 metres above mean sea level

(3) NOTWITHSTANDING the provisions of Section 17.2.1., 17.2.4, 17.2.8, 17.2.9(b) and 17.2.10 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being more particularly described as Blocks A, B and C, as shown on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

a) Minimum Lot Area

There shall be no minimum lot requirement, but rather there shall be a maximum number of seventy-one (71) dwelling units in each main building.


(i) In the case of Block "A" 12.0 metres (ii) In the case of Block "B" 18.0 metres (iii) In the case of Block "C" 10.5 metres

c) Maximum Height

(i) In the case of Block "A" 236.22 metres above mean sea level (ii) In the case of Block "B" 234.7 metres above mean sea level (iii) In the case of Block "C" 237.74 metres above mean sea level

d) Maximum Number of Main Buildings

three (3) only, provided that a minimum distance of 9.0 metres separates each main building.

e) Maximum Lot Coverage

25%


f) Additional Regulations

A buffer zone of 9.0 metres shall be provided adjacent to any street or other Residential Zone. No buildings or structures shall be constructed within this buffer zone."



"82 NOTWITHSTANDING the provisions of Section 5.7 of By-law 177-1983, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Fifty-three (53) to Fifty-five (55), Registered Plan M-750

the following provisions shall apply, and in the case of conflict with other provisions, shall prevail:

a) so long as Lots Fifty-three (53) to Fifty-five (55), Registered Plan M-750 are owned by Mr. James Boyd, and the said Mr. Boyd resides in a residence upon the said lands and notwithstanding Section 4.95 a home occupation may include a small business use, not including a variety or confectionery store, video movie rental or sales shop, or other retail activity that involves use, storage, inventory, or stock in trade of any flammable, poisonous or otherwise hazardous substance, or other activity that generates noise, odour, or vibration. Such use shall be conducted within the residential main building, and shall not exceed twenty-five percent (25%) of the gross floor area thereof, except that there shall be permitted a sign, not to exceed 1.22 metres by 1.83 metres, as part of the activity, and the lands may be used for associated storage of goods, wares, merchandise or other inventory."


"83 NOTWITHSTANDING the provisions of Sections 19.1, 19.2 and 5.2 of By-law 177-1983, in the case of the lands and premises being more particularly described as follows namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Forty-one (41) to Forty-five (45) inclusive, Registered Plan M-750,

the following shall apply, and where any conflict exists with other parts of the By-law, shall prevail:

a) there shall be permitted on the said lands, as an accessory use to a main residential use, a building which shall be used as an accessory use to the residence and/or for the storage of one tractor trailer unit owned by the resident of the residence, and for the normal maintenance and repair of such unit, within the confines of the building.

b) for the said building, the provisions of Section 5.2 shall not apply, and the following shall be required instead:

(i) the building shall not exceed 9.15 metres by 12.2 metres, and 6.1 metres in height;

(ii) the building shall be clad and trimmed with exterior materials that compliment the existing residence

(iii) the building shall not be closer than:

- 1.5 metres from the rear or side lot lines

- 9 metres from the front lot line

- 3 metres from the main building."



"84 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-0 and 4-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Five (5) to Nine (9), Block 19, Registered Plan M-25 and Lots One Hundred and Twenty-nine (129) to One Hundred and Thirty-eight (138), Registered Plan M-184,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as "R1" - Residential One Unit Zone."

BY-LAW 118-1986 Effective Date: March 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Thirty-eight (38) and the Northerly 5.03 metres (16.5 feet) of Lot Thirty-nine (39), Block Eighteen (18), Registered Plan Number 171,

are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as "NC1" – Neighbourhood Commercial Zone 1."


"86 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-N, 3-0, 4-N and 4-0 of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Blocks "A" to "P" both inclusive, Registered Plan M-359 and those portions of Welland Street, Welland Place, Glengary Drive and Glengary Place which form a part of Registered Plan M-359, and Halton Street,

are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "R1" – Residential One Unit Zone."


"87 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-N and 5-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of :

FIRSTLY:

Lots Six (6) to Ten (10) inclusive, Block Ten (10), Registered Plan Number 171.

SECONDLY:

A portion of Lot Five (5), Block Ten (10), Registered Plan Number 171, more particularly described as follows:

COMMENCING at a point in the Northerly limit of the said Lot Five (5) which is also the Southerly limit of the Dawson Road distant Two (2') feet Easterly from the Northwesterly angle of the said Lot Five (5) being the point of commencement.


THENCE Westerly and along the said Northerly limit of the said Lot Five (5) a distance of Two (2') feet to the Northwesterly angle thereof;

THENCE Southerly and along the Westerly limit of the said Lot to the Southwesterly angle thereof;

THENCE Easterly and along the Southerly limit of the said Lot a distance of Two (2') feet to a point;

THENCE Northerly in a straight line to the point of commencement,

are hereby removed from the "R-2" – Residential One and Two Unit Zone and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of:

FIRSTLY:

Lots Six (6) to Ten (10) inclusive, Block Ten (10), Registered Plan Number 171.

SECONDLY:

A portion of Lot Five (5), Block Ten (10), Registered Plan Number 171, more particularly described as follows:

COMMENCING at a point in the Northerly limit of the said Lot Five (5) which is also the Southerly limit of the Dawson Road distant Two (2') feet Easterly from the Northwesterly angle of the said Lot Five (5) being the point of commencement.

THENCE Westerly and along the said Northerly limit of the said Lot Five (5) a distance of Two (2') feet to the Northwesterly angle thereof;

THENCE Southerly and along the Westerly limit of the said Lot to the Southwesterly angle thereof;

THENCE Easterly and along the Southerly limit of the said Lot a distance of Two (2') feet to a point;

THENCE Northerly in a straight line to the point of commencement,

In addition to the uses permitted in the "NC2" – Neighbourhood Commercial Zone 2, the following uses will also be permitted:

a) office

b) restaurant

c) retail store."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of the West half of Lots Five (5), Six (6) and Seven (7), Registered Plan Number 428,


are hereby removed from the "RF2" – Residential Future Zone 2 and designated as part of the "R1" - Residential One Unit Zone."


"89 NOTWITHSTANDING the zone designation thereof as shown on zoning Maps 4-M and 4-N of this by-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of the West half of Lot Eight (8) Registered Plan Number 428,

are hereby removed from the "RF2" - Residential Future Zone 2 and designated as part of the "R1" - Residential One Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being comprised of Lot Five Hundred and Four (504), Plan M-34,


a) PERMITTED USES

In addition to the uses listed in Section 13.1, the following use shall also be permitted:

a single detached dwelling which may include a barber shop or a beauty shop or a tailor or seamstress shop, or a photographic studio located in the 6.096 metre by 9.144 metre one storey rear addition, to the single detached dwelling, existing on January 1, 1985.

b) REGULATIONS

For the purpose of Section 13.2, the additional use described in Section a) of this paragraph, shall be deemed to be a single detached dwelling."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Thirty-five (35), Block Six (6), Registered Plan M-25 and Block "C", Registered Plan M-313,


(a) Permitted Uses:

In addition to the uses listed in Section 40.1, a single detached dwelling shall also be permitted."





FIRSTLY:

Lot Forty-one (41), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575.

SECONDLY:

A part of Lot Forty-two (42), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575, more particularly described as follows:

COMMENCING at the North-east angle of the said Lot Forty-two (42);

THENCE Westerly along the Northerly limit of the said Lot Forty-two (42), 90 feet;

THENCE Southerly and parallel to the Easterly limit of the said Lot Forty-two (42), 17 feet, more or less, to the dividing line between the North and South Halves of the said Lot Forty-two (42);

THENCE Westerly along the said dividing line between the North and South Halves of the said Lot Forty-two (42), 9.1 feet, more or less, to the Westerly limit of the said Lot Forty-two (42);

THENCE Southerly along the Westerly limit of the said Lot Forty-two (42) to the South-west angle of the said Lot Forty-two (42);

THENCE Easterly along the Southerly limit of the said Lot Forty-two (42), 99.1 feet, more of less, to the Southeast angle of the said Lot Forty-two (42);

THENCE Northerly along the Easterly limit of the said Lot Forty-two (42), 33.96 feet, more or less, to the point of commencement.

THIRDLY:

A part of Lot Forty-three (43), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575, more particularly described as follows:

COMMENCING at the North-east angle of the said Lot Forty-three (43);

THENCE Westerly along the Northerly limit of the said Lot Forty-three (43), being the Southerly limit of Tupper Street, 90 feet;

THENCE Southerly and parallel to the Easterly limit of the said Lot Forty-three (43), 33 feet, more or less, to the Southerly limit of the said Lot Forty-three (43);

THENCE Easterly along the Southerly limit of the said Lot Forty-three (43), 90 feet, more or less, to the Southeast angle of the said Lot Forty-three (43);

THENCE Northerly along the Easterly limit of the said Lot Forty-three (43), being the Westerly limit of Algoma Street, 33 feet, more or less, to the point of commencement.

FOURTHLY:

The South Half of Lot Forty-four (44), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575.

FIFTHLY

The South Half of Lot Forty-five (45), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575,


(i) in addition to the permitted uses allowed in Section 23.1 an office shall also be a permitted use."




FIRSTLY:

Lot Forty-one (41), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575.

SECONDLY:

A part of lot Forty-two (42), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575, more particularly described as follows:

COMMENCING at the North-east angle of the said Lot Forty-two (42);

THENCE Westerly along the Northerly limit of the said Lot Forty-two (42), 90 feet;

THENCE Southerly and parallel to the Easterly limit of the said Lot Forty-two (42), 17 feet, more or less, to the dividing line between the North and South Halves of the said Lot Forty-two (42);

THENCE Westerly along the said dividing line between the North and South Halves of the said Lot Forty-two (42), 9.1 feet, more or less, to the Westerly limit of the said Lot Forty-two (42);

THENCE Southerly along the Westerly limit of the said Lot Forty-two (42) to the south-west angle of the said Lot Forty-two (42);

THENCE Easterly along the Southerly limit of the said Lot Forty-two (42), 99.1 feet, more or less, to the South-east angle of the said Lot Forty-two (42);

THENCE Northerly along the Easterly limit of the said Lot Forty-two (42), 33.96 feet, more or less, to the point of commencement.

THIRDLY:

A part of Lot Forty-three (43), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575, more particularly described as follows:

COMMENCING at the North-east angle of the said Lot Forty-three (43);

THENCE Westerly along the Northerly limit of the said Lot Forty-three (43), being the Southerly limit of Tupper Street, 90 feet;

THENCE Southerly and parallel to the Easterly limit of the said Lot Forty-three (43), 33 feet, more or less, to the Southerly limit of the said Lot Forty-three (43);

THENCE Easterly along the Southerly limit of the said Lot Forty-three (43), 90 feet, more or less, to the Southeast angle of the said Lot Forty-three (43);

THENCE Northerly along the Easterly limit of the said Lot Forty-three (43), being the Westerly limit of Algoma Street, 33 feet, more or less, to the point of commencement.


FOURTHLY:

The South Half of Lot forty-four (44), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575.

FIFTHLY

The South Half of Lot Forty-five (45), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 1575,

(i) no parking spaces shall be required for any building or structure in the case of an office use."


"94 NOTWITHSTANDING the provisions of Sections 5.10 and 13.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Thirty-one (31) and the north half of even width throughout from front to rear of Lot Thirty (30), subdivision of Park Lots 7 and 8, North Van Norman, according to a Plan registered in the Registry Office at Port Arthur as Plan No. 1689,

a) NON-COMPLYING USE

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the buildings existing on the effective date of this By-law, providing that such repair or restoration does not increase the height, size or volume of the said building.

b) PERMITTED USES

In addition to the permitted uses listed in Section 13.1, a plumbing, heating and sheet metal business shall be a permitted use.

Only those buildings and structures existing on the effective date of this By-law shall be used in connection with the plumbing, heating and sheet metal business. No new buildings or structures shall be permitted in connection with the said use."


"95 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location 21, White's Survey and more particularly shown as Part A on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" Residential Estate Zone and designated as "HC" Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 27.2.1(a) and 9.2.1 of By-law Number 177-1983, for the lands and premises being more particularly described as Part A and Part B on EXHIBIT ONE



Part A

a) Minimum Lot Area for "HC" – Highway Commercial Zone:

4,050 square metres

Part B

a) Minimum Lot Area for "RE" – Residential Estate Zone:

lots without municipal piped water and without municipal sewage disposal:

3,640.0 square metres."


"96 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-G and 6-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location "D", Lindsay's Survey, as shown on a Plan designated as EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "F1" Future Industrial zone and designated as part of the "RE" Residential Estate."


"97 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L, 4-M, 5-L and 5-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots 38 to 44 all inclusive and Lots 70 to 76 all inclusive, Registered Plan 547,

are hereby removed from the "RF1" – Residential Future Zone 1 and designated as "R1" – Residential One Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots 130 to 143 all inclusive and Lots 154 to 167 all inclusive, Registered Plan 547,

are hereby removed from the "RF1" – Residential Future Zone 1 and designated as "R1" – Residential One Unit Zone."


"99 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-M of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 414 to 427, and Lots 558 to 564, Registered Plan M-39 and shall include lands to the centre line of any lane and/or street abutting such lots, more particularly shown as Part 1 on EXHIBIT ONE to and forming part of this paragraph, from the "MIN" – Major Institutional Zone to the "RS" – Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on the Zoning Map 6-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 388 to 413, Lots 428 to 453, Lots 528 to 553, Lots 569 to 594, Lots 554 to 557 and Lots 565 to 568, Registered Plan M-39, and shall include lands to the centre line of any lane and/or street abutting such lots, more particularly shown as Part 2 on EXHIBIT ONE to and forming part of this paragraph, from the "MIN" - Major Institutional Zone to the "LIP" – Light Industrial Park Zone.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-M and 7-M of this By-law, the lands and premises being more particularly described as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 669 to 734, Lots 809 to 874, Lots 949 to 1012 and a portion of Lot 1013, a portion of Lot 1091 and Lots 1092 to 1151, and a portion of Lot 1152 and a portion of Lots 1232 to 1252, registered Plan M-39, and shall include lands to the centre line of any lane and/or street abutting such lots, more particularly shown as Part 3 on EXHIBIT ONE to and forming part of this paragraph, from the "SPC" – Special Purpose Commercial Zone to the "LIP" – Light Industrial Park Zone.

(4) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-L, 6-M, 7-L and 7-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 1337 to 1341 and Lots 1361 to 1392, Registered Plan M-40, and shall include lands to the centre line of any lane and/or street abutting such lots, more particularly shown as Part 4 on EXHIBIT ONE to and forming part of this paragraph, from the "SPC" – Special Purpose Commercial Zone to the "RS" – Residential Suburban Zone.

(5) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-L, 6-M, 7-L and 7-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 1393 to 1419, and Lots 1255 to 1319, and Lots 1343 to 1346, and a portion of Lots 1253 and 1254, Registered Plan M-40, and a portion of Unit 4, Department of Highways of Ontario Plan P-8070-18 and shall include lands to the centre line of any lane and/or street abutting such lots, more particularly shown as Part 5 on EXHIBIT ONE to and forming part of this paragraph, from the "SPC" – Special Purpose Commercial Zone to the "OS" – Open Space Zone."


"100 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-L and 4-L of this by-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the township of McIntyre, in the District of Thunder Bay and being composed of that portion of Mining Location "R-1" lying North of Parts One (1), Two (2) and Three (3), Reference Plan 55R-5809 and Parts One (1) and Two (2), Reference Plan 55R-4135 and South of the Southerly limit of Highway 102, being approximately 5.85 acres,

are hereby removed from the "RE" – Residential Estate Zone and designated as "HC" – Highway Commercial Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location "R-3", more particularly shown as "Property Location" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" Residential One Unit Zone and the "US" – Utilities and Services Zone and designated as "HC" - Highway Commercial Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of portion of Mining Location R-2, designated as Part Two (2), Description Reference Plan 55R-6159,

are hereby removed from the "RE" – Residential Estate Zone and designated as "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Section 4.124(b), of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location R-2, designated as Part Two (2), Description Reference Plan 55R-6159,

"Front Lot Line" in the case of a corner lot, shall mean the lot line measured along the northerly limit of Highway #102, with the principal access being from Hazelwood Drive."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a Part of Mining Location "Q", more particularly shown and described as "PORTION TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "US" – Utilities and Services Zone and are designated as part of the "RE" – Residential Estate Zone, as laid out on the said EXHIBIT ONE.


(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-K of this By-law, the lands and premises being more particular as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Part of Mining Location "Q", more particularly shown and described as "PORTION TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

(i) THAT, for the lands remaining in the utilities and Services zone, section 42.1 shall be amended by

a) deleting the following:

- private industrial waste disposal site - private sewage lagoon facilities - public sanitary landfill site - public sanitary sewage treatment

b) and by including the following:

- an administrative office, service, maintenance, and community programming service, all conducted as a simple operation in association with the TV receiving transmitting tower on site

(ii) THAT parking for those lands in the "US" Zone shall be provided at a standard of one space for every 23 metres of gross floor area."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the township of McIntyre, in the District of Thunder Bay and being composed of Lots Nine (9) to Fifteen (15) inclusive, Registered Plan 547,

are hereby removed from the "RF1" – Residential Future Zone 1 and designated as part of the "R1" – Residential One Unit Zone."


"105 (1) NOTWITHSTANDING the zone designation thereof as shown on zoning Maps 5-L and 5-M of this By-law, the lands and premises being more particularly described as follows, namely:

FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Portion of the North West Quarter of Section 40, in the said City containing 23.91 acres, more or less, more particularly described as follows:

PREMISING that the north-westerly limit of Highway Number 17 as shown on a plan prepared by the Department of Highways numbered P-8070-8 and registered in the Registry Office for the Registry Division of Thunder Bay as Number 118303 has a bearing of North 38 degrees 29 minutes east and relating all bearings herein thereto;

COMMENCING at a point in the northerly limit of the said Quarter Section where it is intersected by the easterly limit of the lands subdivided by a Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay as Number 850;


THENCE South 0 degrees 5 minutes east along the easterly limit of the said subdivided lands a distance of 334.97 feet, more or less;

THENCE South 60 degrees 5 minutes east along the north-easterly limit of the said subdivided land a distance of 841.89 feet;

THENCE Easterly along the northerly limit of the said subdivided lands, being on a curve to the left having a radius of 147 feet, an arc distance of 237.96 feet, being a cord equivalent of 212.82 feet, measured along a cord bearing of North 73 degrees, 32 minutes 30 seconds east;

THENCE North 27 degrees 10 minutes east continuing along the limit of the said subdivided land a distance of 160 feet;

THENCE South 62 degrees 50 minutes east along the northerly limit of the said subdivided lands a distance of 396.38 feet, more or less, to the north-westerly limit of the said Highway Number 17;

THENCE North 38 degrees 29 minutes east along the said north-westerly limit of the said Highway Number 17 a distance of 942 feet, more or less, to the northerly limit of the said Quarter Section;

THENCE Westerly along the northerly limit of the said Quarter Section a distance of 1,945 feet, more or less, to the point of commencement.

SECONDLY:

ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of an unnamed road allowance according to a Plan registered in the Registry Office at Thunder Bay as Plan Number 547, more particularly described as follows:

That part of the unnamed road allowance adjacent to the South limit of Registered Plan 547 bounded on the West by the Southerly production of the Westerly limit of Lot Fifteen (15) according to the said Plan Number 547 and bounded on the East by the Westerly limit of King's Highway 17, designated as Part One (1) on M.T.C. Plan P-8070-19, registered as Instrument Number 129669 on October 16, 1968,

are hereby amended as follows:

a) Lots 1 to 63 inclusive and Lots 66 to 121 inclusive, as shown on EXHIBIT ONE to and forming part of this Schedule, are deleted and removed from the "RF1" – Residential Future Zone 1 and designated as part of the "R1" – Residential One Unit Zone.

b) Lots 64 and 65, as shown on EXHIBIT ONE to and forming part of this Schedule, are deleted and removed from the "RF" – Residential Future Zone 1 and designated as part of the "OS" – Open Space Zone.

(2) NOTWITHSTANDING the provisions of Section 12.2.2, of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Portion of the North West Quarter of Section 40, in the City containing 23.91 acres, more or less, more particularly described as follows:

PREMISING that the north-westerly limit of Highway Number 17 as shown on a plan prepared by the Department of Highways numbered P-8070-8 and registered in the Registry Office for the Registry Division of Thunder Bay as Number 118303 has a bearing of North 38 degrees 29 minutes east and relating all bearings herein thereto;


COMMENCING at a point in the northerly limit of the said Quarter Section where it is intersected by the easterly limit of the lands subdivided by a Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay as Number 850;

THENCE South 0 degrees 5 minutes east along the easterly limit of the said subdivided lands a distance of 334.97 feet, more or less;

THENCE South 60 degrees 5 minutes east along the north-easterly limit of the said subdivided land a distance of 841.89 feet;

THENCE Easterly along the northerly limit of the said subdivided lands, being on a curve to the left having a radius of 147 feet, and arc distance of 237.96 feet, being a cord equivalent of 212.82 feet, measured along a cord bearing of North 73 degrees, 32 minutes 30 seconds east;

THENCE North 27 degrees 10 minutes east continuing along the limit of the said subdivided land a distance of 160 feet;

THENCE South 62 degrees 50 minutes east along the northerly limit of the said subdivided lands a distance of 396.38 feet, more or less, to the north-westerly limit of the said Highway Number 17;

THENCE North 38 degrees 29 minutes east along the said north-westerly limit of the said Highway Number 17 a distance of 942 feet, more or less, to the northerly limit of the said Quarter Section;

THENCE Westerly along the northerly limit of the said Quarter Section a distance of 1,945 feet, more or less, to the point of commencement.

SECONDLY:

ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of an unnamed road allowance according to a Plan registered in the Registry Office at Thunder Bay as Plan Number 547, more particularly described as follows:

That part of the unnamed road allowance adjacent to the South limit of Registered Plan 547 bounded on the West by the Southerly production of the Westerly limit of Lot Fifteen (15) according to the said Plan Number 547 and bounded on the East by the Westerly limit of King's Highway 17, designated as Part One (1) on M.T.C. Plan P-8070-19, registered as Instrument Number 129669 on October 16, 1968,


a) In the case of Lots 1 to 19 inclusive and Lot 38, as shown on EXHIBIT ONE to and forming part of this Schedule, the minimum lot frontage shall be 20.0 metres.

b) In case of Lots 101 to 103 inclusive, as shown on EXHIBIT ONE to and forming part of this Schedule, the minimum lot frontage shall be 18.0 metres.

(3) In the case of Lots 1 to 19 inclusive and Lot 38 and lot 39, as shown on EXHIBIT ONE to and forming part of this Schedule, the minimum gross floor area of the main use on said lots shall be 130.0 square metres."


"106 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-E of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a part of Lot Thirty-seven (37), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 630, and being more particularly described as follows:

PREMISING that the Westerly limit of the said Lot Thirty-seven (37) has an assumed bearing of North Astronomic, and relating all bearings herein thereto;

BEGINNING at the South West angle of the said Lot Thirty-seven (37);

THENCE Easterly along the Southerly limit of the said Lot Thirty-seven (37), ninety-nine (99') feet to a survey pose planted, and the point of commencement for this description;

THENCE continuing Easterly along the Southerly limit of the said Lot thirty-seven (37), two hundred (200') feet to a survey post planted;

THENCE Northerly and parallel to the Westerly limit of the said Lot thirty-seven (37), three hundred and thirty (330') feet more or less, to a survey post planted in the Northerly limit of the said Lot Thirty-seven (37);

THENCE Westerly along the said Northerly limit of the said Lot Thirty-seven (37), two hundred (200') feet to survey post planted;

THENCE Southerly and parallel to the Westerly limit of the said Lot Thirty-seven (37), three hundred and thirty (330') feet more or less to the point of commencement,

are hereby removed from the "RE" – Residential Estate Zone and "RU" – Rural Area Zone and designated as part of the "RE" – Residential Estate Zone."


"107 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-I and 5-I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the township of McIntyre in the District of Thunder Bay and being composed of a portion of Mining Location "I", Scott's Survey, MR774 in the said township and which is more particularly described as follows:

COMMENCING at a point in the North boundary of the said Mining Location "I" situate exactly midway between the North-east and North-west angles of the said Mining Location;

THENCE Southerly and parallel to the Easterly boundary of said Location, One Thousand One Hundred and Fifty-eight (1,158) metres more or less;

THENCE West and parallel with the North boundary of said Location, Two Hundred and Twenty-seven (227) metres more or less;

THENCE Northerly and parallel to the Easterly boundary of said Location One Thousand One Hundred and Fifty-eight (1,158) metres, more or less;

THENCE Easterly along said Northerly boundary of said Location, Two Hundred and Twenty-seven (227) metres more or less;

are hereby removed from the "RE" – Residential Estate zone and the "RU" – Rural Zone and designated as an "RU" – Rural Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location "R-1", more particularly shown as "Property Location" on EXHIBIT ONE to and forming part of this paragraph,


(a) PERMITTED USES

- automotive gas bar

- automotive sales establishment

- automotive service station

- body repair shop

- building supply outlet

- bulk fuel distribution station

- bus depot

- car rental agency

- car wash

- dwelling unit for an essential workman or caretaker required to live on site for a use permitted in this Section

- equipment rental establishment

- home occupation

- industrial centre containing two or more uses permitted in this section

- light industrial uses including an accessory retail use provided such retail use is located in the same building as the main use and provided that the gross floor area of the retail use does not exceed 10 percent (10%) of the gross floor area of the industrial use or 185.0 square metres, which ever is the lesser

- office accessory to a permitted use in this Section

- open storage

- public recreation

- radio or television transmitting station

- service shop

- truck depot

- warehouse

- welding shop

- buildings, structures or uses accessory to a permitted use in this section

(b) Minimum Lot Area

8,000.0 square metres

(c) Minimum Lot Frontage

60.0 metres."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots sixty-five (65) to Seventy two (72) inclusive, registered Plan Number 597,


a) Definitions:

For the purpose of the lands described in this paragraph a)

BAIT SHOP

Means a building with a maximum gross floor area of 14.0 square metres wherein live bait such as minnows, dew worms and leeches, artificial lures and flies, and small accessories such as hooks, swivels and leaders are sold.

b) Permitted uses: In addition to the permitted uses listed in Section 9.1 the following shall be permitted:

- single detached dwelling unit which may include a bait shop which may be located in an accessory building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the township of McIntyre, in the District of Thunder Bay and being composed Lots Fifty-four (54) and fifty-five (55), Registered Plan Number 547,

a truck and/or trailer rental and storage use shall be permitted in addition to the uses permitted in the "R1" – Residential One Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township on McIntyre, in the District of Thunder Bay and being composed of Part of Lot Four (4) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 708, and being more particularly described as follows:

COMMENCING at the Northwest angle of Lot Four (4);

THENCE South 0 degrees, 12 minutes West along the West boundary of Lot Four (4), Three Hundred and Five and Sixty-four One-hundredths (305.64) feet to a point in the Northerly boundary of Oliver Road as shown on the Department of Highways Plan No. P-2890-6 registered in the Registry Office for Thunder Bay as Plan No. 10400;

THENCE South 87 degrees 24 minutes 30 seconds East along the Northerly boundary of the said Oliver Road, Two Hundred (200) feet to a point;

THENCE Northerly and parallel with the West boundary of the said Lot, Three Hundred and Fifteen (315) feet more or less to a point in the Northerly limit of said Lot Four (4);


THENCE South 89 degrees, 53 minutes West along the Northerly boundary of Lot four (4), Two Hundred (200) feet more or less TO THE POINT OF COMMENCEMENT,

in addition to the permitted uses allowed in Section 8.1, buildings not exceeding a maximum gross floor area of 380 square metres will be allowed to be used as an office and warehouse operation for the distribution and storage of insulation materials."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots Eleven (11) and Twelve (12), Registered Plan M-45,


a) additional permitted uses: bank, drug store, personal service shop, neighbourhood clinic;

b) a combination of commercial uses shall not be permitted;

c) definition of variety store and food store:

(i) the number "223" in Section 4.75 is hereby deleted and the number "275" is substituted therefore



"113 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-1 and 9-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of part of Lot Thirteen (13), Concession 1, North of the Kaministiquia River, and being more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "SI" - Suburban Industrial Zone and designated as "RS" - Residential Suburban Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of Lots 13 to 15 inclusive, Lots 24 to 38 inclusive and portions of Lots 16 to 23 inclusive, block 21, Registered Plan W-180 and portions of the lanes adjoining and being more particularly shown as "Subject Property" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "HC" - Highway Commercial Zone."



"115 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 12-E and 12-F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the township of Neebing, in the District of Thunder Bay and being composed of part of Lot Twenty-one (21), Concession IV, South of the Kaministiquia River, more particularly shown as "Property to be Rezoned" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RU - Rural Zone and designated as part of the "RS" - Residential Suburban Zone."


"116 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-F and 8-F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and Province of Ontario and being composed of a portion of Lot Nineteen (19), in Concession IV, of the Township of Neebing, North of the Kaministiquia River and which said parcel or tract of land may be more particularly described as follows:

PREMISING the bearing of the west limit of the said Lot Nineteen (19), to be North 0 degrees, 14 minutes, 30 seconds West as shown on department of Highways of Ontario Plan P-2118-10 registered as Number 37721 and relating all bearings herein thereto;

COMMENCING at a point in the said Lot Nineteen (19) which may be located as follows:

BEGINNING at the Northwest angle of the said Lot Nineteen (19);

THENCE South 89 degrees, 54 minutes East and along the North limit of the said Lot 33 feet to a point where an iron tube has been planted in the East limit of the Mapleward Road;

THENCE South 0 degrees, 14 minutes, 30 seconds East and along the said East limit of the Mapleward Road 396 feet to Department of Highways monument planted at the place of commencement,

THENCE South 89 degrees, 54 minutes East and parallel to the North limit of the said Lot Nineteen (19), 630.49 feet to Department of Highways monument planted in the limit between and East half and the West half of the said Lot Nineteen (19);

THENCE South 0 degrees, 14 minutes, 30 seconds East and along the last mentioned limit 2559.3 feet to a point where a Department of Highways monument has been planted in the North limit of the King's Highway Number 17 as shown on Department of Highways Plan P-2118-10;

THENCE Northwesterly on a curve to the left having a radius of 1507.7 feet an arc distance of 247.15 feet the chord equivalent of which is 246.87 feet measured on a bearing of North 79 degrees, 37 minutes, 15 seconds West to a point where a Department of Highways monument has been planted;

THENCE continuing along the said curve to the left an arc distance of 338.70 feet the chord equivalent of which is 337.99 feet measured on a bearing of South 89 degrees, 14 minutes 52 seconds West to a point where a Department of Highways monument has been planted;

THENCE North 49 degrees, 11 minutes West 65.67 feet to a point where a Department of Highways monument has been planted distance 33 feet measured perpendicularly Easterly from the West limit of the said Lot Nineteen (19);


THENCE North 0 degrees, 14 minutes 30 seconds West and along the East limit of the Mapleward Road 2477.44 feet to the PLACE OF COMMENCEMENT, the same containing 36.46 acres more or less and being more particularly shown outlined in red on a plan signed by Ontario Land Surveyor, J. C Kirkup, dated at Fort William the 30th day of May, A.D. 1968,

are hereby removed from the "RF1" - Residential future zone 1 and are designated as part of the "RS" - Residential Suburban Zone."


"117 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-E, 11-F, 12-E and 12-F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of part of Lot Twenty-one (21). Concession 4, South of the Kaministiquia River, more particularly described as follows, namely;

COMMENCING at the North-East angle of the said Lot twenty-one (21);

THENCE South 89 degrees, 54 minutes and 30 seconds West, along the North limit of the said Lot, 264 feet, more or less, to an iron bar;

THENCE South 12 degrees, 11 minutes and 30 seconds West, 342.31 feet, more or less, to an iron bar planted in the North limit of Highway Number 61 as shown on Plan P-2572-25 registered in the Registry Office for the Registry Division of Thunder bay West as Number 62129;

THENCE North 49 degrees, 40 minutes and 30 seconds East, 389.47 feet, more or less, along the Northwesterly limit of the highway, to an iron bar planted in the North limit of the said Highway Number 61;

THENCE Northeasterly 9.39 feet on a curve to the left having a radius of 2789.74 feet, the chord equivalent being 9.39 feet measured North 49 degrees, 54 minutes and 34 seconds East;

THENCE North 24 degrees, 49 minutes and 10 seconds East, 76.73 feet, more or less, to a point located on the East limit of the said Lot and distant 7.17 feet measured South 0 degrees, 06 minutes West along the said East limit from the point of commencement;

THENCE North 0 degrees, 06 minutes East along the said East limit a distance of 7.17 feet to the point of commencement,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "HC" - Highway Commercial Zone."


"118 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, North of the Kaministiquia River, in the District of Thunder Bay and Province of Ontario, and being composed of that portion of Lot Fifteen (15) in the First (1) Concession in the said Township, more particularly described as follows:

COMMENCING at the North-East angle of the said Lot Fifteen (15);

THENCE Westerly along the North limit of the said Lot Fifteen (15), thirteen hundred and four and four tenths (1304.4) feet, more or less, to the North-West angle of the said Lot;

THENCE Southerly along the Westerly limit of the said Lot Fifteen (15), nine hundred and thirty-four and three tenths (934.3) feet to the North limit of the Canadian National Railway Yards;


THENCE Easterly along the said limit of the said Canadian National Railway Yards, thirteen hundred and six and seven tenths (1306.7) feet, more or less, to the Easterly boundary of the said Lot Fifteen (15);

THENCE Northerly along the Easterly boundary aforesaid, nine hundred and four and seventy-five one-hundredths (904.75) feet, more or less, to the Northeast angle of the said Lot and the place of beginning,

SAVING AND EXCEPTING Parts One (1) and Two (2) on Description Reference Plan 55R-3264 and Part One (1), Plan RX-38,

are hereby removed from the "SI" - Suburban Industrial Zone and designated as part of the "OS" – Open space Zone."


"119 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, North of the Kaministiquia River, in the District of Thunder Bay and Province of Ontario, and being composed of a portion of a portion of Lot Fifteen (15) in the First (1) Concession in the said Township, lying North of the Canadian National Railway's property, designated as Parts One (1) and Two (2), Description Reference Plan 55R-3264,

are hereby removed from the "SI" - Suburban Industrial Zone and designated as part of the "RS" - Residential Suburban Zone."


"120 NOTWITHSTANDING the provisions of Sections 4.75, 4.227, 11.1 and 11.2.4 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of Lot One (1), Registered Plan 578,


a) additional permitted uses: bank, drug store, personal service shop, neighbourhood clinic;

b) a combination of commercial uses shall not be permitted;

c) exterior side yard: the 10 metre requirement of Section 11.2.4 is hereafter deleted and replaced with a standard of 3 metres.

d) definition of variety store and food store:

(i) the number "223" in Section 4.75 is hereby deleted and the number "275" is substituted therefore;



"121 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map Welcome Islands – 2 of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being described as a portion of the Southeast corner of Island "A", Welcome Islands, situate in Lake Superior, East of the Township of Neebing,

is hereby removed from the "OS" - Open space Zone and designated as part of the "CR" - Cottage Residential Zone.

(2) NOTWITHSTANDING the provisions of Section 21 of this By-law, in the case of the lands and premises being more particularly described as follows, namely;

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being described as a portion of the Southeast corner of Island "A", Welcome Islands, situate in Lake Superior, East of the Township of Neebing, and more particularly as shown on Exhibit One (1) to and forming part of this paragraph,


(a) Permitted Uses:

(i) cottage dwellings

(ii) park

(iii) buildings, structures, or uses accessory to a permitted use."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of the East half of even width through out from front to rear of Lot Four (4), South Pearl Street, according to Plan of Subdivision of park Lot four (4), South Pearl Street, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 95 ½,

are hereby removed from the "R-2" – Residential One and Two Unit Zone and designated as part of the "GC1" – General Commercial Zone 1."



"123 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-O of this by-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Thirteen (13) and Fourteen (14), Block Six (6), Registered Plan Number 8,

are hereby removed from the "NC2" – Neighbourhood Commercial Zone 2 and designated as part of the "LI" – Light Industrial Zone."

BY-LAW 151-1986 Effective Date: June 24, 1986

"124 Repealed by By-law 257-1987 Effective Date: October 26, 1987



"125 NOTWITHSTANDING the provisions of Section 5.13.9a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Sixty-five (65) and Sixty-six (66), Registered Plan W-68,

for every dwelling unit constructed in the building situated on Lots Sixty-five (65) and Sixty-six (66), Registered Plan W-68, existing on the effective date of this By-law, there shall be at least one (1) permanently maintained parking space within 40 metres of the said lands and may take the tenure of a long term lease, being at the time of initiation for a period of twenty-one years or longer, and no other parking requirements shall be applied."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Lot Three (3) in Concession "B" in the Township of Neebing Additional, now in the City of Fort William and which said parcel or tract of land may be more particularly described as follows:

PREMISING the bearing of the East Limit of the said Lot Three (3) to the South No (0) degrees twelve (12) minutes thirty (30) seconds East and relating all bearings herein thereto;

COMMENCING at the North-East angle of the said Lot Three (3) in Concession "B";

THENCE South No (0) degrees twelve (12) minutes thirty (30) seconds East and along the said East Limit of Lot Three (3) one thousand one hundred and forty-three and twenty-seven one-hundredths (1143.27) feet, to the place of beginning;

THENCE continuing South No (0) degrees twelve (12) minutes thirty (30) seconds East along the said East Limit of Lot Three (3) five hundred and six and eighty-two one-hundredths (506.82) feet to an iron bar planted at the South-East angle of the said Lot Three (3) in Concession "B";

THENCE North eighty-nine (89) degrees fifty-four (54) minutes West along the South Limit of the said Lot Three (3) three hundred and sixty-five and four-tenths (365.4) feet to a point in the East Limit of the Expropriation Line;

THENCE North fourteen (14) degrees twenty-six (26) minutes ten (10) seconds West along the last mentioned Line, five hundred and twenty-three and fifty-eight one-hundredths (523.58) feet to a point in a line drawn on a bearing of North eighty-nine (89) degrees, fifty-four (54) minutes West from the place of beginning;

THENCE South eighty-nine (89) degrees fifty-four (54) minutes East and along the line drawn as aforesaid, four hundred and ninety-four and eight one-hundredths (494.08) feet, more or less, to the Place of Beginning; the same containing by admeasurement five (5.0) acres, more or less, and being more particularly shown outlined in red on Plan of Survey, signed by Ontario Land Surveyor, J.C. Kirkup, dated at Fort William the 3rd day of March, A.D., 1958, attached to Registered Deed No. 23349,


B - 58 August 2004

the following provision shall apply,

(a) PERMITTED USES:

In addition to the permitted uses listed in Section 34.1, the following uses shall also be permitted:

i) marina

ii) marine facility."

BY-LAW 1999-1986 Effective Dated: March 16, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Lot Three (3), Concession III, N.K.R., Parcel 1989, as shown on the Plan designated as EXHIBIT ONE (1) to and forming part of this Paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "R1" - Residential One Unit Zone."


"128 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-O and 7-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot One (1), Block Twenty-three (23), Registered Plan Number 54,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Four Hundred and Nine (409) to Four Hundred and Twelve (412) all inclusive, Registered Plan WM-10,

are hereby removed from the "GC1" - General Commercial Zone 1 and designated as part of the "CBD" - Central Business District Zone."


"130 NOTWITHSTANDING the provisions of Section 12.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Six Hundred and Eighteen (618), Registered Plan M-41,

B - 59 August 2004


a) Maximum Height

7.0 metres."


"131 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-M and 8-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots 27 to 42, Registered Plan Number 144, West side Norah Street, Lots 24 to 42 and a Portion of Lot 23, Registered Plan Number 144, East side Norah Street and the abutting street and lane allowances or portions thereof shown as "SUBJECT PROPERTY" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "R1" - Residential One Unit Zone."


"132 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-O of this By-law, the lands and premises being more particularly described as follows, namely:

(2) ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Four Hundred and Eighty-eight (488) and Four Hundred and Eighty-nine (489), Registered Plan M-89,

are hereby removed from the "HC" - Highway Commercial Zone and are designated as part of the "R2" - Residential One and Two Unit Zone.

(3) NOTWITHSTANDING the provisions of Sections 5.20a) and 13.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Four Hundred and Eighty-eight (488) and Four Hundred and Eighty-nine (489), Registered Plan M-89,


(a) STREET FRONTAGE

For the purpose of Section 5.20a), the front lot line which abuts the unopened portion of High Street shall be considered as the street frontage.

(b) PERMITTED USES

- a single detached dwelling

- a parking lot

- buildings, structures or uses accessory to a permitted use in this section."


"133 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-P and 5-Q of this By-law, the lands and premises being more particularly described as follows, namely:

B - 60 August 2004

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of that portion of Lot Five (5), Town Plot, and more particularly shown as "Location of Zone Change" on EXHIBIT 1 to and forming part of this paragraph be changed from an "R2" - Residential One and Two Unit Zone to a "CBD-F" - Central Business District Zone."

BY-LAW NUMBER 199-1986 Effective Date: March 16, 1987

NOTE: BY-LAW 22-1994 deleted subparagraph (1) of Paragraph "134"

"134 (1) NOTWITHSTANDING the provisions of Section 27.1 of By-law Number 177-1983, in the case of the lands and premises described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of the Northwest 1/4 of Section 52, Parts 1, 2 and 3 of Reference Plan 55R-1386,


(a) Section 27.1 shall continue to apply, and in addition thereto, a furniture display and sales business, and the retail sale of household related furnishings, goods and merchandise shall be permitted and shall be allowed to extend and expand, so long as all of the provisions and requirements of By-law 177-1983 are met."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Lot Eight (8), Fort William Old Town Plot, South side of East Brock Street, more particularly described as Parts Two (2) and Three (3) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-2768,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of part of Lot Forty-one (41), Registered Plan Number 764, saving and excepting the Easterly three (3) feet from front to rear of said lot;

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "R2" - Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 13.2.2c) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

B - 61 August 2004

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of part of Lot Forty-one (41), Registered Plan Number 764, saving and excepting the Easterly three (3) feet from front to rear of said lot;


Minimum Lot Frontage:

duplex dwelling, semi-detached dwelling with municipal piped water and municipal sewage disposal:

8.2 metres for each unit."

BY-LAW NUMBER 199-1986 Effective Date: March 16, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot One Hundred and Seventy (170), Registered Plan Number 764,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot One Hundred and Seventy (170), Registered Plan Number 764,



duplex dwelling, semi-detached dwelling with municipal piped water and municipal sewage disposal:



"138 NOTWITHSTANDING the provisions of Sections 4.59(l), 4.124 and 5.13.9a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and Province of Ontario, namely, according to a Plan filed in the Office of Land Titles at Fort William as M-31:

FIRSTLY:

Those portions of lots numbered Six Hundred and Fifty-nine to Six Hundred and Sixty-five (659 to 665) both inclusive, designated as Part One (1) on Reference Plan of Survey filed in the Office of Land Titles at Fort William as Number F.W.R. 101;

B - 62 August 2004

SECONDLY:

All of the fourteen (14') foot lane allowance which lies between lots numbered Six Hundred and Fifty-nine to Six Hundred and Sixty-five (659 to 665) both inclusive and Lots Number Six Hundred and Seventy-one to Six Hundred and Seventy-seven (671 to 677) both inclusive, and that portion of the fourteen (14') foot lane allowance which lies West of the West limit of Waterloo Street and Easterly of the Northerly production of the West limit of Lot Number Six Hundred and Sixty-seven (667), Registered Plan M-31;

THIRDLY:

All of Lots numbered Six Hundred and Sixty-six (666) and Six Hundred and Sixty-seven (667), Plan Number M-31;

FOURTHLY:

All of Lots numbered Six Hundred and Seventy-one (671), Six Hundred and Seventy-two (672), Six Hundred and Seventy-three (673), Six Hundred and Seventy-four (674), Six Hundred and Seventy-five (675), Six Hundred and Seventy-six (676) and Six Hundred and Seventy-seven (677), Plan Number M-31,


(1) DEFINITIONS

(i) Senior Citizen Dwelling:

Means an apartment or townhouse dwelling providing accommodation for persons with an average age of 60 years and over in each dwelling unit.

(ii) Lot Line, Front

For the purpose of this paragraph the lot line abutting Dease Street shall be deemed to be the front lot line.

(2) General Regulations

The provisions of Section 5.13.9a) shall apply except that in the case of a Senior Citizen Dwelling a minimum of 1.5 spaces per unit shall be required."


"139 NOTWITHSTANDING the provisions of Sections 5.13.4, 5.13.9a), 15.2.1a), 15.2.6, 15.2.9, 15.2.10a), 15.2.11b) and 15.2.12 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being more particularly described as Lots Fourteen (14) and Fifteen (15), Registered Plan Number 770 and forming part of this paragraph, the following provisions shall apply:

a) Minimum Front Yard

6.1 metres

b) Minimum Side Yard

4.6 metres


7.6 metres

B - 63 August 2004

d) Parking Requirements

1.25 parking spaces per unit

e) Parking Space

3.0 metres by 6.1 metres

f) Maximum Lot Coverage

25%

g) Maximum Height

7.6 metres

h) Maximum Number Buildings

Four (4) buildings

i) Maximum Number of Units

Twenty (20) dwelling units."


"140 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-P of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Thirty-five (35), Block Six (6), Registered Plan M-25, and Block C, Registered Plan M-313,

are hereby removed from the "OS" - Open Space Zone and are designated as and are placed into the "R2" - Residential One and Two Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Lot Thirteen (13), Concession "B", being designated as Parts Four (4), Five (5), Six (6) and Seven (7) on a Reference Plan of Survey deposited in the Registry Office for the Registry Division of Thunder Bay as Number 55R-2173,

i) In addition to the permitted uses allowed in Section 38.1, a "Group Residence" shall also be a permitted use."


"142 Repealed by By-law 115-2004 Effective Date: May 17, 2004

B - 64 August 2004


"143 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 4-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lot One Hundred and Sixteen (116), Registered Plan Number 547,



"144 NOTWITHSTANDING the provisions of Sections 6.2.1 and 6.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location Two (2), Francis Survey, being Part One (1) of Reference Plan 55R-3620 and a portion of Location A, Crown Survey, being Part Three (3) of Reference Plan 55R-3502,


a) Minimum Lot Area:

(i) the minimum lot area for a single detached dwelling shall be 0.6 hectares.

b) Minimum Rear Yard:

It shall be lawful for the one single detached dwelling municipally known as 5186 Mapleward Road to maintain a minimum rear yard of 3.65 metres. This paragraph shall not prevent the construction of an addition or extension to the said building, provided that the said addition or extension also maintains a minimum rear yard of 3.65 metres and conforms to all other applicable regulations of By-law Number 177-1983. Where a new building or structure is erected on the lands, the provisions of Section 6.2.6 shall apply in addition to all other applicable regulations of By-law Number 177-1983."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of Block A, Registered Plan M-376 and a portion of Lot Nineteen (19), Concession II, N.K.R., designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6383,


(a) Minimum Front Yard:

4.6 metres

(b) Minimum Rear Yard:

3.0 metres"


"146 NOTWITHSTANDING the provisions of Sections 4.3, 4.82, 4.130, 4.145, 10.1, 10.2.1(b)(i) and 10.2.2(b)(i) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of that portion of Lots Four (4), Five (5) and Six (6), Registered Plan Number 689, which lie within the "RS" Residential Suburban Zone, saving and excepting therefrom that portion of the said Lot Six (6) designated as Part 1, Reference Plan 55R-2359,


a) DEFINITIONS

NURSERY/GREENHOUSE means the use of land building or structure where trees, shrubs, plants, fruits and/or vegetables are grown and may include the sale thereof.

b) PERMITTED USES

In addition to the uses listed in Section 10.1, the following shall also be permitted:

- nursery/greenhouse legally existing on the effective date of this By-law which may include extensions or additions thereto and which may also include a single detached dwelling for the owner or operator.

c) Regulations

i) The requirements of Sections 10.2.1(b)(i) (minimum lot area) and 10.2.2(b)(i) (minimum lot frontage) shall apply to the permitted use added in b) above.

ii) for the purpose of this paragraph the buildings associated with the nursery/greenhouse including the single detached dwelling shall be deemed to be accessory buildings."


"147 (1) NOTWITHSTANDING the zone designation there of as shown on Zoning Map 7-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Five (5), Registered Plan W-288,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R2" One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13 and 13.2 of this By-law, in the case of the lands and premises described in this Schedule, the following shall apply:

(a) it shall be lawful and legal to use the building located on the said lands on the effective date of this By-law, for a maximum of two dwelling units, providing that the rear 6.09 metres of the said existing building shall be demolished, and the resultant space used for parking, and the residual building may be repaired, renovated, and maintained for such purpose but shall not be enlarged or rebuilt under the provisions of this paragraph;

(b) in the case of any new construction, the provisions of Sections 5.13 and 13.2 shall continue to apply."


"148 NOTWITHSTANDING the provisions of Sections 28.2.4a), 28.2.7a) and 5.13.9a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being more particularly described as Lots Seventy-one (71) to Eighty (80), Registered Plan W-84, and forming part of this paragraph, the following provisions shall apply:

(a) Sections 28.2.4a), 28.2.7a) and 5.13.9a) insofar as the latter refers to "All Other Dwellings" are hereby deleted and replaced with the following:

minimum exterior side yard - 4.5 metres

minimum rear yard - 7.5 metres

minimum parking - 19 spaces."


"149 NOTWITHSTANDING the provisions of Sections 4.115, 4.127, 4.151, 4.225, 5.10.1 and 5.11.1a) of this By-law, in the case of the lands and premises being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


1) DEFINITIONS

i) Lot

Means a parcel of land which was subject to a separate lease with the Corporation on the effective date of this By-law.

ii) Lot of Record

Means a lot which was subject to a separate lease with the Corporation on the effective date of this By-law.


iii) Parcel of Land

Means an area of land which was subject to a separate lease with the Corporation on the effective date of this By-law.

iv) Unity of Ownership

Means a parcel of land which was subject to a separate lease with the Corporation on the effective date of this By-law.

2) General Regulations

Nothing in this By-law shall prevent the rebuilding or repair of a cottage dwelling legally existing on the effective date of this By-law, if such use is destroyed by accidental fire or natural disaster after the effective date of this By-law, provided that the said cottage dwelling is built to its prior gross floor area or to a smaller gross floor area, at its prior location on the lot or at a location on the lot that would not further contravene any of the regulations of this By-law."


"150 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot 211, Registered Plan Number 172,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "NC1" - Neighbourhood Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Sections 22.1, 22.2, 22.2.1 and 22.2.2 of By-law Number 177-1983, in the case of the lands described in this Schedule, the following shall apply:

i) The Following Uses Shall be Permitted:


- variety store which may be combined with not more than two dwelling units located in the same building therewith

- buildings, structures or uses accessory to a permitted use.

ii) the regulations of Section 5:12 and 5:13 shall not apply

iii) Minimum Lot Area:

(a) single detached dwelling:

250 square metres

(b) variety store and one or more units:

250 square metres

(c) Minimum Lot Frontage:

7.5 metres

(3) NOTWITHSTANDING the provisions of Sections 22.2.4, 22.2.5, 22.2.8 and 22.2.9 of By-law 177-1983, in the case of the lands described in this Schedule, the following shall apply:


i) it shall be lawful for the main building existing on the date of passage of this By-law to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such repair or restoration does not increase the height, size or volume of the said building.

ii) in the case of all new construction Sections 22.2.4, 22.2.8 and 22.2.9 shall

apply.

iii) in the case of all new construction the interior side yard requirement may be reduced to 10% of the lot frontage of the lot, and the rear yard requirement may be reduced to 20% of the lot depth."


"151 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-K and 9-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Nine (9) to Thirteen (13), Block "L", Registered Plan W-70,

are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "SZ" - Site Specific Zone.

(2) That the following provisions shall apply to the lands described hereafter, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Nine (9) to Thirteen (13), Block "L", Registered Plan W-70,

a) Permitted Uses

- automotive gas bar - automotive service

- bank - station

- dry cleaning depot - drug store

- laundromat - community clinic

- office - neighbourhood clinic

- variety store - personal service shop

- a shopping plaza containing 2 or more of the uses listed in this Section

- service centre

- dwelling unit(s), when in combination with commercial uses in this section, provided that no dwelling unit shall be permitted in association with a restaurant

- accessory uses and buildings to any of the listed permitted uses.

- the following retail sales uses: antiques, arts and crafts, beer, books, cameras, florist, gifts and souvenirs, hardware, household appliances, jewellery, liquor, sewing and millinery, stationery,


- restaurant, including the serving of beer, wine and, or liquor in association only with the serving of the restaurant food menu

b) Standards and Requirements

i) minimum lot area 450 square metres plus 90 square metres additional for each and every dwelling unit

minimum lot frontage 15 metres

ii) minimum yards for new construction

- side yard (interior) - side yard (exterior) - front yard - rear yard

3 metres 5 metres 7.5 metres 7.5 metres

iii) notwithstanding ii) above, or iv), lot coverage hereafter, it shall be lawful and permitted to use the building currently on the said lands, on the effective date of this By-law and to reconstruct the said building in an identical manner should it be destroyed by fire or other disaster

iv) maximum lot coverage

maximum height 35% 10 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Number One Hundred and Twenty-one (121) save and except for the East Forty (E.40') feet, in perpendicular width throughout from front to rear thereof, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-764,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots Fifteen (15) to Twenty-one (21) inclusive, Block 2, Registered Plan Number 1268,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Twenty-six (26), Registered Plan Number 774,




"155 Repealed by By-law 45-1990 Effective Date: March 12,1990



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of part of Lot Six (6), in Concession A, more particularly described as follows:

COMMENCING at the point where the South-West limit of the Dawson Road intersects the North-West limit of Piccadilly Avenue as shown on Plan of Subdivision registered in the Registry Office at Thunder Bay as Number 643;

THENCE South-Westerly along the said limit of Piccadilly Avenue One Hundred and Forty-four (144') feet;

THENCE North-Westerly at right angles to the said limit of Piccadilly Avenue Sixty-three and Fifty-four hundredths (63.54') feet;

THENCE North-Easterly parallel to the North-Westerly limit of Piccadilly Avenue One Hundred and Eleven and Sixty-seven hundredths (111.67') feet, more or less, to the South-Westerly limit of the Dawson Road;

THENCE South-Easterly along the said limit of the Dawson Road Seventy-one and Sixteen hundredths (71.16') feet, more or less, to the point of commencement,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of Lots 1 to 44 inclusive, according to a Plan registered in the Registry Office for the Registry Division for Thunder Bay as No. W783 and a portion of Lots 21 to 24 inclusive, in the First Concession North of the Kaministiquia River in the Township of Neebing now City of Thunder Bay and of the original road allowance in front thereof and more particularly described as follows:

FIRSTLY

Part of Lot 21, Concession 1, N.K.R., containing 46.68 acres more or less;

All that part of Lot 21 in the said Concession in the said Township lying south of the South limit of a plan of subdivision registered in the Registry Office for the Registry Division for Thunder Bay at Thunder Bay, Ontario, as Number W692, and including the original road allowance in front thereof as closed by By-law Number 415-A of the Municipality of Neebing registered in the said Registry Office as Number 2458.

Saving and Excepting the lands subdivided by a plan of subdivision registered in the said Registry Office as Number 783,

SECONDLY

Part of Lot 22, Concession 1, N.K.R., containing 103.74 acres more or less;


All that part of Lot 22 in the said Concession in the said Township lying South of the South limit of the said Registered Plan W692, and including the Saving and Excepting the lands subdivided by the said Registered Plan W783.

THIRDLY

Part of Lot 23, Concession 1, N.K.R., containing 95.01 acres more or less,

All that part of Lot 23 in the said Concession in the said Township lying South of the South limit of the said Registered Plan W692, and including the original road allowance in front thereof as closed by the said By-law Number 415-A.

Saving and Excepting the lands subdivided by the said Registered Plan W783.

FOURTHLY

Part of Lot 24, Concession 1, N.K.R., containing 88 acres more or less,

All of Lot 24 in the said Concession of the said Township lying South of a line being the South limit and the South limit produced of a plan of subdivision registered in the said Registry Office as Number W753 drawn on a bearing of North 81 degrees and 25 minutes West from a point in the East limit of the said Lot being the South East angle of Lot 1 of the said Plan Number W753 to the West limit of the said Lot 24, and including the original road allowance in front thereof as closed by the said By-law Number 415-A.

FIFTHLY

Registered Plan W783 containing 50.20 acres, more or less,

Lots 1 to 44, both inclusive, River Road, Birch Street, Poplar Street and Blocks A and B according to the said Registered Plan W783.

SIXTHLY

The whole of Island D. situate in the Kaministiquia River in front of Lot 24, Concession 1 N.K.R., in the City of Thunder Bay formerly Township of Neebing, in the District of Thunder Bay.

SEVENTHLY

The whole of Island E situate in the Kaministiquia River in front of Lot 23, Concession 1, S.K.R., in the City of Thunder Bay formerly Township of Neebing, in the District of Thunder Bay.

i) In addition to the permitted uses allowed in Section 40.1, agriculture shall also be a permitted use."


"158 NOTWITHSTANDING the zone designation there of as shown on Zoning Map 8-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Two Hundred and Thirty-three (233) to Two Hundred and Thirty-eight (238) all inclusive, Registered Plan M-10,

are hereby removed from the "GC1" - General Commercial Zone 1 and designated as part of the "CBD" - Central Business District Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being more composed of a portion of Lot Eight (8), North side of Pearl Street, Town Plot, and being more particularly shown as "SUBJECT PROPERTY" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "CBD" - Central Business District Zone."


"160 NOTHWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M, 3-N, 4-M and 4-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being more composed of the whole of Registered Plan 55M-481,



"161 NOTWITHSTANDING the provisions of Section 4.115, 4.203, 26.2.3, 26.2.4, 26.2.5, 26.2.7, 5.13. Shopping Centre with a gross floor area of more than 9,300 square metres, 26.2.10 of By-law 177-1983 of the Corporation of the City of Thunder Bay, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the McIntyre Township, in the District of Thunder Bay and being composed:

(a) all of Block L, Plan M-308;

(b) all of Plan M-263, save and excepting Parts 1, 2 and 3, Plan 55R-1124, all as more particularly shown on EXHIBIT ONE to this paragraph;

The following shall apply:

i) Lot

Means the lands and premises described in Exhibit "One" to this paragraph, being the entire lands to which this paragraph applies;

ii) Shopping Centre

Means a group of commercial establishments managed as an interrelated unit or sharing management of common facilities, and for this paragraph, all of the lands described in Exhibit "One" shall be deemed to be a single shopping centre.

iii) Nothing herein shall prevent the establishment of separate parcels of land within the shopping centre provided that:

(a) the minimum size of such parcel of land is not less than 2,700 square metres

(b) the maximum number of such parcels of land is ten (10)


iv) Minimum Front Yard

18 metres

v) Minimum Side Yard

15 metres provided, however, that it shall be lawful and permitted for the motel existing on the date of enactment of this paragraph, as legally altered from time to time, to have a side yard of 6.5 metres

vi) Maximum Height

10 metres, provided, however, that it shall be lawful and permitted for the motel existing on the date of enactment of this paragraph, as legally altered from time to time, to have a height not exceeding, 14 metres

vii) a) Section 5.13.9 b), Shopping Centre with a gross floor area of more than 9,300 square metres shall continue to apply to all expansion, enlargement or other new construction only

(b) the parking requirement for the buildings and facilities existing on the day of enactment of this paragraph, as further described in Exhibit "Two" attached hereto and being a part of this paragraph, shall be 1,162 parking spaces and necessary aisles, and drives

viii) Maximum Gross Leaseable Area

31,000 square metres"


"162 For the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Part One (1), Reference Plan 55R-3809, as further shown on EXHIBIT ONE to and forming part of this By-law,

(a) NOTWITHSTANDING the zone designation thereof, as shown on Zoning Map 2-E to By-law Number 177-1983, the Westerly 78.225 metres of the said lands, shown on PART A on the aforementioned EXHIBIT ONE are deleted and removed from the "HC" - Highway Commercial Zone and are designated as part of the "RE" - Residential Estate Zone.

(b) NOTWITHSTANDING the provisions of Section 9.2.1, for the Westerly 78.225 metres of the said lands, shown as PART A on the aforementioned EXHIBIT ONE, the following shall apply:

i) minimum lot area 5950 square metres

(c) NOTWITHSTANDING the provisions of Sections 27.2.1 and 27.2.8, for the Easterly 78.225 metres of the said lands, shown as PART B on the aforementioned EXHIBIT ONE, the following shall apply:

i) minimum lot area shall be 5,845 square metres

ii) maximum number of tourist cabins or cottages shall be 9."


"163 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-S of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots 3, 4, 45, 46, 95 and 96, Registered Plan 235; Lots 21, 22, 23, 24 and South part of Lot 25, Registered Plan 269; Lots 2, 3, 43 and 44, Registered Plan 406; shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and "R2" - Residential One and Two Unit Zone and designated as part of the "GC1" - General Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Section 4.162 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following shall apply:

DEFINITIONS:

(a) PLACE OF AMUSEMENT

Means a movie theatre, covered arena, auditorium, public dance hall, public hall, music hall, billiard or poolroom, bowling alley, miniature golf course, driving range, ice or roller skating or curling rink, or a similar use but shall not include a vehicle race track, video arcade or penny arcade."

"164

BY-LAW 219-1986 OMB ORDER R 870110 Amended by By-law 134-1998

Effective Date: March 16, 1987 Effective Date: November 18, 1987 Effective Date: August 10, 1998

"165 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-O and 5-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed

i) of the whole of Lots Fourteen (14) and Fifteen (15), Registered Plan Number 317;

ii) the whole of Lots Thirty-one (31) and Thirty-two (32), Registered Plan Number 124;

iii) a portion of Lot Thirteen (13), Registered Plan Number 317, more particularly described as follows:

COMMENCING at the Northwesterly angle of Lot Thirteen (13);

THENCE Easterly and along the Northerly limit of the said Lot to the Northeasterly angle of the said Lot;

THENCE Southerly and along the Easterly limit of the said Lot to the midpoint thereon;

THENCE Westerly and parallel to the Northerly limit of said Lot to the midpoint in the Westerly limit of said Lot;

THENCE Northerly and along the Westerly limit of the said Lot to the Point of Commencement.


iv) a portion of Lot 33, Registered Plan Number 124, more particularly described as follows:

COMMENCING at the Southeasterly angle of Lot Thirty-three (33);

THENCE Northerly along the Easterly limit of the said Lot to the Northeasterly angle of the said Lot;

THENCE Westerly and along the Northerly limit of the said Lot, 33 feet to a point;

THENCE Southerly and in a straight line to a point on the Southerly limit of the said Lot distant 33 feet measured thereon from the Southeasterly angle of the said Lot;

THENCE Easterly and along the Southerly limit of the said Lot to the Point of Commencement.

v) a portion of Lot Thirty-four (34), Registered Plan Number 124, more particularly described as follows:

COMMENCING at the Southeasterly angle of the said Lot Thirty-four (34);

THENCE Northerly and along the Easterly limit of the said Lot to the Northeasterly angle of the said Lot;

THENCE Westerly and along the Northerly limit of the said Lot, 33 feet to a point;

THENCE Southerly and in a straight line to a point in the Southerly limit of the said Lot distant 33 feet measured Westerly thereon from the Southeasterly angle of the said Lot;

THENCE Easterly and along the Southerly limit of the said Lot to the Point of Commencement.

vi) the whole of the lane adjacent to the Northerly limit of Lot Thirty-three (33), Registered Plan Number 124 as described above.

vii) those portions of Secord Street measured from the centre line of the said street

adjacent to Lots Fourteen (14), Fifteen (15) and the Northerly half of Lot Thirteen (13), Registered Plan Number 317, and adjacent to Lots Thirty-one (31), Thirty-two (32) and the portion of Lots Thirty-three (33) and Thirty-four (34), Registered Plan Number 124 as described above, including the portion of the lane between Lots Thirty-two (32) and Thirty-three (33) described above;

and more particularly shown as "LOCATION ZONE CHANGE" on EXHIBIT

ONE to and forming part of this paragraph be changed from an "R2" - Residential One and Two Unit Zone to a "GC1" - General Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Sections 4.236, 4.237, 5.13.9a) Residential Uses - all other dwellings, 5.13.9b) Non-Residential Uses - shopping centre with gross floor area of 930.0 square metres to 9,300.0 square metres, 5.14.1a) and 24.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly the City of Port Arthur, in the District of Thunder Bay and being composed of:

i) the whole of Lots Six (6), Seven (7) and Ten (10), Fourteen (14) and Fifteen (15), Registered Plan Number 317.


ii) a portion of Lot Eight (8), Registered Plan Number 317, described as follows:

whole of Lot Eight (8), SAVING AND EXCEPTING the portion described below:

COMMENCING at the most Southerly corner of Lot Eight (8);

THENCE Northeasterly along the Southeasterly limit of Lot Eight (8), 17.26 feet;

THENCE Northwesterly parallel to the Southwesterly limit of said Lot Nine (9), 74.36 feet more or less to intersect the production Northeasterly of the Southeasterly limit of Lot Ten (10);

THENCE Southwesterly along said production 17.26 feet more or less to intersect the Southwesterly limit of Lot Eight (8);

THENCE Southeasterly along said Southwesterly limit 74.36 feet to the Point of Commencement.

iii) a portion of Lot Eleven (11), Registered Plan Number 317 described as follows:

PREMISING that the Southwest limit of Lot Eleven (11) has a bearing of N

55° 26' W as shown on Registered Plan 317;

COMMENCING at the most Easterly corner of Lot Eleven (11);

THENCE S 35° 18' 10" W along the Southeasterly limit of Lot Eleven (11), 137.71 feet more or less to the most Southerly corner of Lot Eleven (11);

THENCE N 55° 26' W along the Southwest limit of Lot Eleven (11), 5.36 feet to intersect the production Southwesterly of the face of a brick wall;

THENCE N 35° 21' 10" E along said production and face of wall 22.95 feet;

THENCE N 54° 50' 30" W along said wall 0.35 feet;

THENCE N 35° 09' 30" E along the face of a brick wall and its production Northeasterly 114.74 feet more or less to intersect the Northeast limit of Lot Eleven (11);

THENCE S 55° 40' 30" E along said Northeast limit 5.98 feet to the Point of Commencement.

iv) all that portion of the Lane adjacent to Lots Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12) and Thirteen (13), Registered Plan 317 lying between the production Northeasterly of the Southeasterly limit of Lot Ten (10) and a line joining the most Northerly angle of Lot Twelve (12) and the most Westerly angle of Lot Thirteen (13),

and more particularly shown as "LOCATION OF PROVISION CHANGE" on

EXHIBIT TWO to and forming part of this paragraph,


(a) the lot line abutting Algoma Street shall be deemed to be the front lot line

(b) parking shall be required at the following standards:

i) one (1) parking space for each and every dwelling unit


ii) one parking space for every 23 square metres of gross retail floor area

(c) maximum building height shall be 19.97 metres

(d) in addition to the provisions of Section 5.14.1a), a canopy shall be allowed in any required yard."

BY-LAW 225-1986 Effective Date: March 16, 1987 OMB ORDER R 870089 - June 1, 1987

"166 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-J of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots One (1) and Two (2), Block Twenty-seven (27), Registered Plan 219,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 14.2.1a)ii) and 14.2.2.a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots One (1) and Two (2), Block Twenty-seven (27), Registered Plan 219,

(e) Minimum Lot Area:

apartment dwelling with four units

600 square metres in total

(f) Minimum Lot Frontage:

apartment dwelling with three or four units

17 metres."


"167 (1) NOTWITHSTANDING the provisions of Sections 10.2.2(b)(ii) and 10.2.4 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Lot Nine (9), Registered Plan Number 760, more particularly described as Part One (1) of Description Reference Plan 55R-6621,


a) Minimum Lot Frontage

22.5 metres


b) Minimum Exterior Side Yard

It shall be lawful for the two (2) storey building municipally known as 1191 Oliver Road to maintain a minimum exterior side yard of 2.7 metres. This paragraph shall not prevent the construction of an addition or extension to the said building, provided that the said addition or extension also maintains a minimum exterior side yard of 2.7 metres and conforms to all other applicable regulations of By-law Number 177-1983. Where a new building or structure is erected on the lands, the provisions of Section 10.2.4 of By-law Number 177-1983 shall apply in addition to all other applicable regulations of By-law Number 177-1983.

(2) NOTWITHSTANDING the provisions of Sections 5.2.3(a), 5.2.4(a), 10.2.5 and 10.2.8, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lot Nine (9), Registered Plan Number 760,

SAVING AND EXCEPTING those lands described as Part One (1) of Description Reference Plan 55R-6621,

a) Minimum Interior Side Yard

it shall be lawful for the one and one-half (1 1/2) storey building municipally known as 1181 Oliver Road to maintain a minimum westerly interior side yard of 1.5 metres. This paragraph shall not prevent the construction of an addition or extension to the said building providing the said addition or extension also maintains a minimum westerly interior side yard of 1.5 metres and conforms to all other applicable regulations of By-law Number 177-1983. Where a new building or structure is erected on the lands, the provisions of Section 10.2.5 of By-law Number 177-1983 shall apply in addition to all other applicable regulations of By-law Number 177-1983.

(b) i) it shall be lawful for all other buildings and structures existing on the 25th day of November, A.D. 1986, to remain in their present position;

ii) nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings, provided that such repair or restoration does not change the use or increase the height, size or volume of the said buildings."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of:

(a) Lots 336 to 340 inclusive, Lots 413 to 419 inclusive and Lots 425 to 427 inclusive, Registered Plan M-31;

(b) Lot 335, Registered Plan M-31, save and excepting the Westerly fourteen feet of even width throughout from front to rear of the said Lot;

(c) That portion of the lane running from Selkirk Avenue to Wellington Street South of and immediately adjoining Lot Number Four Hundred and Thirteen (413) according to a Plan filed in the Office of Land Titles at Fort William as M-31, which lies between Selkirk Avenue and the production thereover in a straight line of the Westerly limit of the said Lot Number 413;


(d) That portion of the North-South 14 foot lane West of Selkirk Avenue lying between the Southerly limit of Wellington Street produced thereover in a straight line and the Northerly limit of the East-West lane lying North of Victoria Avenue, and adjoining Lots 425, 426 and 427. SAVE AND EXCEPTING that portion of said lane more particularly described as follows:

COMMENCING at the intersection of the Easterly boundary of the said lane by the Easterly boundary of Wellington Street;

THENCE Southerly along the Westerly boundary of Lots 421 and 420 to the South-West angle of Lot 420;

THENCE Westerly along the prolongation of the Westerly boundary of Lot 420, 7 feet;

THENCE Northerly and parallel with the Easterly boundary of the said lane to the Easterly boundary of Wellington Street;

THENCE Northerly along the last mentioned limit to the point of commencement,

All according to a Plan filed in the Office of Land Titles at Fort William as Number M-31.

(e) THAT portion of the East-West 14 foot lane lying North of Victoria Avenue, more particularly described as follows:

COMMENCING at the South-West angle of Lot 413;

THENCE Southerly along the production of the Westerly limit of Lot 413 a distance of 14 feet more or less to a point in the Northerly limit of Lot 336, 7 feet East of the Westerly boundary of Lot 336;

THENCE Westerly along the Northerly limit of Lots 335 and 336, 18 feet more or less to a point in the Northerly boundary of Lot 335, distant 14 feet East of the Westerly boundary of Lot 335;

THENCE Northerly a distance of 14 feet more or less to a point in the Southerly boundary of Lot 427, distant 4 feet West of the South-East angle of said Lot 427;

THENCE Easterly 18 feet more or less to the point of commencement,

All according to a Plan filed in the Office of Land Titles at Fort William as Number M-31,

are hereby removed from the "R-2" - Residential One and Two Unit Zone and designated as part of the "NC2" - Neighbourhood Commercial Zone 2."


"169 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-O, 6-O, 5-P and 6-P of this By-law, the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 31 to 34 inclusive and Lot 37, Registered Plan Number 572.


SECONDLY:

A portion of Lot Numbered Thirty-five (35), according to a Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay (formerly Port Arthur) as Plan Number 572, and more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay (formerly Port Arthur) and District of Thunder Bay being composed of a portion of Lot Thirty-five (35) according to a Plan of Subdivision registered in the Registry Office at Thunder Bay (formerly Port Arthur) as Number 572 and more particularly described as follows:

COMMENCING at a point in the South limit of the said Lot distant twenty-two and sixty-seven one-hundredths feet (22.67') measured Westerly thereon from the SouthEast angle of the said Lot;

THENCE North-Easterly thirty-seven and fifty-five one-hundredths feet (37.55') more or less to the point in the East limit of the said Lot distant twenty-nine and ninety one-hundredths feet (29.90') measured Northerly thereon from the South-East angle of the said Lot;

THENCE Northerly along the East limit of the said Lot thirty-six and eleven one-hundredths feet (36.11') more or less, to the North-East angle of the said Lot;

THENCE Westerly along the North limit of the said Lot one hundred and sixty-five feet (165'), to the North-West angle of the said Lot;

THENCE Southerly along the West limit of the said Lot sixty-six and one one-hundredths feet (66.01') more or less, to the South-West angle of the said Lot;

THENCE Easterly along the South limit of the said Lot one hundred and forty-two and thirty-three one-hundredths feet (142.33') more or less, to the point of commencement.

THIRDLY:

A portion of Lot Thirty-six (36), according to said Plan Number 572, which is more particularly described as follows:

PREMISING that the West limit of said Lot Thirty-six (36) has a bearing of North 0 degrees 7 minutes 30 seconds East and relating all bearings herein thereto;

COMMENCING at a point in the West limit of said Lot, distant sixty-six and one one-hundredths feet (66.01') measured North 7 minutes and 30 seconds East thereon from the South-West angle of said Lot;

THENCE South 7 minutes and 30 seconds West along the said limit of said Lot thirty-six and eleven one-hundredths feet (36.11');

THENCE North 37 degrees and 15 minutes East, twenty-eight and seventy-nine one-hundredths feet (28.79') more or less, to intersect a line drawn South 52 degrees and 45 minutes East from the point of commencement;

THENCE North 52 degrees and 45 minutes West, twenty-one and seventy-nine one-hundredths feet (21.79') more or less, to the point of commencement.

FOURTHLY:

An additional portion of said Lot Thirty-six (36), more particularly described as follows:


COMMENCING at a point in the West limit of said Lot distant sixty-six and one one-hundredths feet (66.01') measured Northerly thereon from the South-West angle of the said Lot;


THENCE Northerly along the West limit of said Lot, ninety-nine and fifteen one-thousandths feet (99.015') more or less, to the North-West angle of the said Lot;

THENCE Easterly along the North limit of the said Lot, sixty-six feet (66') to the North-East angle of the said Lot;

THENCE Southerly along the East limit of the said Lot, forty-eight and four one-hundredths feet (48.04');

THENCE South 37 degrees and 15 minutes West, eighty and fifty-two one-hundredths feet (80.52');

THENCE North 52 degrees and 45 minutes West, twenty-one and seventy-nine one-hundredths feet (21.79') to the point of commencement.

FIFTHLY:

A portion of Lot Thirty-eight (38) according to said Plan Number 572, more particularly described as follows:


COMMENCING at the North-West angle of the said Lot;

THENCE Southerly along the West limit of the said Lot, forty-eight and four one-hundredths feet (48.04');

THENCE North 37 degrees and 15 minutes East, sixty and thirty-two one-hundredths feet (60.32') to the North limit of the said Lot;

THENCE Westerly along the North limit of the said Lot, thirty-six and forty-two one-hundredths feet (36.42') to the point of commencement.

SIXTHLY:

A portion of Lot Thirty-nine (39) according to said Plan Number 572, more particularly described as follows:

PREMISING that the South limit of Queen Street as shown on the plan attached to Instrument 125118 has a bearing of South 89 degrees 57 minutes East and relating all bearings herein and thereto;

COMMENCING at the point in the Easterly limit of the said Lot which is distant thirty-nine and fifteen one-thousandths feet (39.015') measured Northerly thereon from the South-Easterly angle of the said Lot;

THENCE Northerly along the Easterly limit of the said Lot, one hundred and twenty-six and one one-hundredths feet (126.01') more or less to the North-Easterly angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, sixty-six feet (66') more or less to the North-Westerly angle of the said Lot;

THENCE Southerly along the Westerly limit of the said Lot, one hundred and sixty-five and twenty-five one-thousandths feet (165.025') more or less to the SouthWesterly angle of the said Lot;

THENCE Easterly along the Southerly limit of the said Lot, thirty-six and forty-two one-hundredths feet (36.42') more or less to a point on the said Southerly limit where it is intersected by a straight line drawn on a bearing of South 37 degrees and 15 minutes West from the point of commencement;

THENCE North 37 degrees and 15 minutes East, forty-eight and ninety-nine one-hundredths feet (48.99') more or less to the point of commencement.


SEVENTHLY:

A portion of Lot Forty-one (41) according to said Plan Number 572, more particularly described as follows:


COMMENCING at a point in the Westerly limit of the said Lot which is distant thirty-nine and fifteen one-thousandths feet (39.015') measured Northerly thereon from the South-Westerly angle of the said Lot;

THENCE North 37 degrees and 15 minutes East to a point in the Easterly limit of the said Lot;

THENCE Northerly along the Easterly limit of the said Lot, thirty-eight and ninety-six one-hundredths feet (38.96') more or less to the North-Easterly angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, sixty-six feet (66') more or less to the NorthWesterly angle of the said Lot;

THENCE Southerly along the Westerly limit of the said Lot, one hundred and twenty-six and one one-hundredths feet (126.01') more or less to the point of commencement.

EIGHTHLY:

A portion of Lot Forty-three (43) on said Plan Number 572, more particularly described as follows:


COMMENCING at a point in the Westerly limit of the said Lot where the same is intersected by a line drawn on a bearing of North 37 degrees and 15 minutes East from the point in the Westerly limit of Lot Forty-one (41), according to the said plan, which is distant thirty-nine and fifteen one-thousandths feet (39.015') measured Northerly thereon from the South-Westerly angle of the said Lot Forty-one (41);

THENCE continuing North 37 degrees and 15 minutes East along the said line to the point therein which is distant twenty-nine and fifty-four one-hundredths feet (29.54') measured South 37 degrees and 15 minutes West thereon from the Northerly limit of the said Lot;

THENCE North-Westerly in a straight line to the NorthWesterly angle of the said Lot;

THENCE Southerly along the Westerly limit of the said Lot to the point of commencement.

NINTHLY:

A portion of Hester Street according to said Plan Number 572 which has theretofore been stopped up and closed by By-law Number 4005 of the Corporation of the City of Port Arthur, which said By-law has heretofore been registered in the Registry Office as Number 12023C, more particularly described as follows:


COMMENCING at a point in the South limit of Lot Thirty-five (35), according to said Plan Number 572, distant thereon twenty-two and sixty-seven one-hundredths feet (22.67') measured Westerly from the South-East angle thereof;

THENCE Westerly along the said South limit a distance of one hundred and forty-two and thirty-three one-hundredths feet (142.33') to a South-West angle of the said Lot;


THENCE Southerly along the production Southerly of the West limit of the said Lot a distance of thirty-three feet (33') to a point on the said production;

THENCE Easterly parallel with the South limit of the said Lot a distance of one hundred and seventeen feet (117') more or less to the point of intersection with a line drawn through the point of commencement on a bearing of South 37 degrees 15 minutes West;

THENCE North 37 degrees 15 minutes East a distance of forty-one feet (41') more or less to the point of commencement,

are hereby removed from the "LI" - Light Industrial Zone and designated as part of the "HC" - Highway Commercial Zone."


"170 NOTWITHSTANDING the provisions of Section 12.1 of this By-law, in the case of lands and premises lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Twenty-one (21) to Twenty-six (26), Block Twenty-six (26), Registered Plan Number 219 and portions of the lanes, being more particularly described as Parts One (1) and Two (2) of Description Reference Plan 55R-5079,


PERMITTED USES

in addition to the uses permitted in Section 12.1, a hotel and/or tavern shall also be permitted uses."

BY-LAW 264-1986 Effective Date: March 16, 1987 OMB ORDER R 870180 - August 24, 1987

"171 NOTWITHSTANDING the provisions of Sections 5.13.9a), 15.2.1iii), 15.2.2iii) and 15.2.12 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of part of Lot Five (5), Registered Plan W-67 and part of Lot One Hundred and Fifty-two (152), Registered Plan W-290, more particularly shown as "SUBJECT PROPERTY" on EXHIBIT ONE to and forming part of this paragraph,

ALL AND SINGULAR those lands and premises located in the City of Thunder Bay, formerly the City of Fort William, in the District of Thunder Bay, Province of Ontario, and being composed of:

FIRSTLY:

The South twenty-eight and nine-tenths feet (28.9') in perpendicular width throughout from front to rear of Lot One Hundred and Fifty-two (152), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-290; AND

SECONDLY:

That portion of Lot Five (5), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-67, more particularly described as follows:

COMMENCING at a point in the North limit of the said Lot distant thirty-three feet (33') measured Westerly along the said North limit from the Northeast angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot one hundred and twenty-five feet (125');


THENCE Southerly and parallel to the Easterly boundary of the said Lot fifteen feet (15');

THENCE Easterly and parallel to the Northerly boundary of the said Lot one hundred and twenty-five feet (125');

THENCE Northerly and parallel to the Easterly boundary of the said Lot fifteen feet (15') more or less to the place of commencement,


That the minimum lot area shall be 509.97 square metres;

That the minimum lot frontage shall be 13.38 metres;

That the minimum parking spaces provided for the six dwelling units on the subject lands shall be 7 spaces, and that

That the maximum lot coverage shall be 35.9%."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Four Hundred and Sixteen (416), Registered Plan M-10,

are hereby removed from the "MIN" - Major Institutional Zone and designated as part of the "GC1" - General Commercial Zone 1."


"173 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-G and 8-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One (1), Registered Plan Number 281,

are hereby removed from the "RS" - Residential Suburban Zone and the "RF1" - Residential Future Zone 1 and designated as part of the "RS" - Residential Suburban Zone."


"174 In the case of the land and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Thunder Bay and being composed of that portion of Lot Number Seven (7) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay East, as Plan Number 832, which said portion is more particularly described as follows:

PREMISING that the Easterly limit of said Lot Seven (7) has a bearing of North One (1) degree, Thirty-three (33) minutes West, and relating all bearings herein thereto

COMMENCING at the South West angle of said Lot Seven (7);

THENCE South Eighty-seven (87) degrees, Nine (09) minutes, Thirty (30) seconds East, along the South limit of said Lot, Sixty-eight (68) feet, more or less to a point on the South limit of said Lot where it is intersected by a line drawn parallel to the Westerly limit of the said Lot, and distant Sixty-six (66) feet Easterly and perpendicular therefrom, WHICH SAID POINT IS THE PLACE OF BEGINNING FOR THIS DESCRIPTION:


THENCE North Seventeen (17) degrees, Zero (00) minutes East and parallel to the Westerly limit of the said Lot, Three Hundred and Ten (310) feet, more or less to the North East limit of the said Lot, which is also the Southerly limit of Highway Number 17A as established by Department of Highways Expropriation Plan registered in the Registry Office for the Registry Division of Thunder Bay East, at Thunder Bay, Ontario, as Instrument Number 6305.

THENCE along the North East limit of said Lot, which is also the Southerly limit of the said Highway 17A as established by said Expropriation Plan, on a curve to the left, having an arc radius of Three Hundred and Thirty (330') feet, the chord equivalent being on a bearing of South Fifty-eight (58) degrees, Fifty-three (53) minutes, Forty-three (43) seconds East, Three Hundred and Twenty-seven and Five-tenths (327.5') feet, to the North Easterly angle of said Lot Seven (7);

THENCE South One (1) degree, Thirty-three (33) Minutes East, along the East limit of said Lot, One Hundred and Forty-eight and Seventeen One-hundredths (148.17') feet to the South East angle of the said Lot;

THENCE North Eighty-seven (87) degrees, Nine (09) minutes, Thirty (30) seconds West along the South limit of the said Lot, Three Hundred and Seventy-seven and Twenty-four One-hundredths (377.24') feet to the PLACE OF BEGINNING.

in addition to all other provisions of this By-law, the following provision shall apply:

the lands described herein may be used for an automotive gas bar or an automotive service station only provided a spill collector system is installed under the jurisdiction and ongoing inspection of the Ministry of the Environment and an inspection on the entire site is carried out under the jurisdiction of Ministry of Consumer and Commercial Relations to locate and inspect all existing buried storage tanks for gasoline and diesel fuel and to insure that only those tanks remain buried which continue to be in use and are installed and maintained in accordance with the regulations of the Ministry of Consumer and Commercial Relations' Fuel Safety Branch."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of the westerly 30 metres in even width from front to rear of Lots One (1) and Two (2) and Lots Five (5) to Eight (8), inclusive, Block Nineteen (19), Registered Plan 8

are hereby removed from the "R2" Residential One and Two Unit Zone and designated as part of the "LI" Light Industrial Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Corporation of the Municipality of Shuniah, in the District of Thunder Bay and being composed of Lots Fifty-one (51) to Fifty-four (54) all inclusive, Registered Plan Number 634 and a portion of the lanes adjacent to the said lands, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "HC" - Highway Commercial Zone."


BY-LAW 25-1987 Effective Date: March 16, 1987 OMB ORDER R 870273 - June 29, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Twenty-five (25) to Two Hundred and Fifty-Four (254), inclusive, Registered Plan 393, and the abutting streets and lane allowances or portions thereof, more particularly shown as "PROPERTY LOCATION" on Exhibit One to and forming part of this paragraph,

are hereby removed from the "R2" Residential One Two Unit Zone and designated as part of the "R1" Residential One Unit Zone."

BY-LAW 96-1987 Effective Date: April 27, 1987

"178 NOTWITHSTANDING the provisions of Sections 15.1, 15.2.1, 15.2.2 and 15.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and Province of Ontario and being composed of:

FIRSTLY:

A portion of the North West Quarter of Lot One (1) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-677 and which said parcel or tract of land may be more particularly described as follows:

PREMISING the bearing of the West limit of the said Lot One (1) to be South No (0) degrees One (01) Minute West and relating all bearings herein thereto;

COMMENCING at a wooden stake planted in the West limit of the said Lot One (1) distant One Hundred and Fifty and Fifty Two One Hundredths (150.52) feet measured Southerly thereon from the North-west angle of the said Lot One (1);

THENCE South Eighty-nine (89) degrees Fifty-eight (58) Minutes Thirty (30) Seconds East and parallel to the South limit of the North West Quarter of the said Lot One (1), Plan Number W-677, Ninety-three and Seventy-eight One Hundredths (93.78) feet, more or less, to a point distant Sixty-five (65.0) feet measured perpendicularly Westerly from the East limit of the North West Quarter of the said Lot One (1) being the place of beginning;

THENCE continuing South Eighty-nine (89) degrees, Fifty-eight (58) minutes Thirty (30) Seconds East and parallel to the said South limit of the North West Quarter of Lot One (1), Sixty-five (65.0) feet to the said East limit of the North West Quarter of Lot One (1);

THENCE North No (0) degrees One (01) Minute East and along the last mentioned limit, One Hundred and Thirty-three and Forty-six One Hundredths (133.46) feet to a point distant Seventeen (17.0) feet measured perpendicularly Southerly from the North limit of the said Lot One (1);

THENCE North Eighty-nine (89) degrees Fifty-seven (57) Minutes West and parallel to the said North limit of the Lot One (1) Sixty-five (65.0) feet;

THENCE South No (0) degrees One (01) Minute West One Hundred and Thirty-three and Forty-nine One Hundredths (133.49) feet, more or less, to the place of beginning.

SECONDLY:

Lot Number Thirteen (13) according to a Plan registered in the Registry Office for the Registry Division of the District of Thunder Bay as Number W-756.


SAVING AND EXCEPTING THEREOUT AND THEREFROM the First and Secondly described properties herein, the Northerly Seventeen (17) feet of even width throughout;

THIRDLY:

A portion of the North-west Quarter of Lot One (1), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-677, designated as Parts Three (3) and Four (4), on a Reference Plan deposited in the said Land Registry Office as Number 55R-3268.


(a) PERMITTED USES

In addition to the uses permitted in Section 15.1 of this By-law, the following use shall also be permitted:

(i) a motel containing a maximum of twenty-seven (27) guest rooms and which may include a laundromat containing a maximum of six (6) washers and six (6) dryers and which may also include a dwelling unit for the owner or caretaker.

(b) Minimum Lot Area:

The provisions of Section 15.2.1 of this By-law shall continue to apply except in the case of the permitted use added in subparagraph (a) of this paragraph in which case a minimum lot area equal to the area of the lands described in this paragraph shall be required.


The provisions of Section 15.2.2 of this By-law shall continue to apply except in the case of the permitted use added in subparagraph (a) of this paragraph in which case a minimum lot frontage equal to the lot frontage of the lands described in this paragraph shall be required.

(d) Minimum Side Yards:

The provisions of Section 15.2.5 of this By-law shall also apply to the permitted use added in subparagraph (a) of this paragraph.

(e) (i) Nothing in this By-law shall prevent the 1½ storey building existing on the 27th day of April, A.D., 1987, on a portion of Lot One (1), Registered Plan Number W-677, being Parts Three (3) and Four (4), Reference Plan 55R-3268 from remaining in its present position, so long as the said building continues to be used for a maximum of two (2) of the total number of motel guest rooms permitted on the lands described in this paragraph.

(ii) Should the said building be destroyed by accidental fire or natural disaster to an extent of more than sixty percent (60%) of its value, it shall not be restored except in conformity with the permitted uses and regulations of Section 15 of this By-law unless a decision of the Committee of Adjustment rules otherwise.

(iii) Subject to the regulations of subparagraph (e)(ii) of this paragraph, nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided such repair or restoration does not increase the height, size or volume or change in any way the use of such building."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots 95 to 101 inclusive, and Lots 127 to 133 inclusive, Registered Plan M-63, and the abutting street and lane allowances or portions thereof, more particularly shown as "PROPERTY LOCATION" on Exhibit One to and forming part of this paragraph,

are hereby removed from the "R2" Residential One Two Unit Zone and designated as part of the "R1" Residential One Unit Zone."


"180 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-O and 4-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Twenty-seven (27), Block Twenty (20), Registered Plan M-25,

is hereby removed from the "OS" - Open Space Zone and designated as part of the "R2" - Residential One and Two Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location R3, more particularly described as Part One (1), Description Reference Plan 55R-6670,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "NIN" - Neighbourhood Institutional Zone."


"182 NOTWITHSTANDING the provisions of Sections 4.124, 4.143, 5.20a and 13.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of parts of Lots 30, 31, 32 and 33, according to a Plan of Subdivision registered in the Land Registry Office at Thunder Bay, Ontario as Number 1536, more particularly described as follows:

FIRSTLY:

COMMENCING at a point in the Westerly limit of the said Lot 30 distant 67 feet measured Southerly thereon from the North West angle of the said Lot;

THENCE Easterly and parallel with the Northerly limit of the said Lot, 33 feet, more or less, to the Easterly limit of the said Lot;

THENCE Southerly along the Easterly limit of the said Lot, 33 feet, more or less, to the South East angle of the said Lot;

THENCE Westerly along the Southerly limit of the said Lot, 33 feet, more or less, to the South West angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot, 33 feet, more or less, to the point of commencement.


SECONDLY:






THIRDLY:






FOURTHLY:


THENCE Easterly parallel with the Northerly limit of the said Lot, 3 feet;

THENCE Southerly parallel with the Westerly limit of the said Lot, 33 feet, more or less, to the Southerly limit of the said Lot;

THENCE Westerly along the Southerly limit of the said lot, 3 feet to the South West angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot, 33 feet, more or less, to the point of commencement,


a) DEFINITIONS

For the purpose of the lands described in this paragraph the following definitions shall apply:

(i) LOT LINE, FRONT

Means the lot line abutting Lot 29, Registered Plan Number 1536.


(ii) NON-COMPLYING USE

Means the two storey stucco building located on the lands described in this paragraph on the effective date of this amending by-law, provided that the said building is used as or is hereafter used as a single detached dwelling.

b) STREET FRONTAGE

none required.

c) PERMITTED USES:

(i) single detached dwelling.

(iv) buildings, structures or uses accessory to a single detached dwelling."


"183 (1) NOTWITHSTANDING the provisions of Sections 15.2.11 and 37.2.8 of this By-law, in the case of lands and premises lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Ninety-two (92), Registered Plan 805,


(a) Maximum Number of Main Uses and Main Buildings Per Lot:

(i) Uses:

two

(ii) Buildings:

two

(2) Notwithstanding the provisions of Sections 5.13.9a), 15.1, 15.2.1, 15.2.2, 15.2.4, 15.2.5, 15.2.6, 15.2.9, 15.2.10, of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Lot Ninety-two (92), Registered Plan 805, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4899,


(a) Parking Spaces Required:

A senior citizen dwelling or apartment dwelling shall require 1.25 parking spaces per dwelling unit.

(b) Permitted Uses:

- apartment dwelling or senior citizen dwelling containing a maximum of 30 units,

- buildings, structures, or uses accessory to an apartment dwelling or senior citizen dwelling,


(c) Minimum Lot Area:

465 square metres

(d) Minimum Lot Frontage:

15 metres

(e) Minimum Front Yard:

7.62 metres

(f) Minimum Interior and Exterior Side Yards:

7.62 metres

(g) Minimum Rear Yard:

7.62 metres

(h) Maximum Height:

One (1) storey or 6 metres whichever is the lesser except as follows:

(i) in the case of any portion of an apartment dwelling or senior citizen dwelling situated on the said lands and located between a line drawn parallel to and distant 7.62 metres from the Westerly limit of the said lands and a line drawn parallel to and distant 35 metres from the Westerly limit of the said lands, the height shall not exceed two storeys or 7.62 metres, whichever is the lesser.

(3) Notwithstanding the provisions of Section 37.1 of this By-law, in the case of lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Lot Ninety-two (92), Registered Plan 805, designated as Parts Two (2), Three (3), Four (4), Five (5) and Six (6) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4899,


(a) Permitted Uses:

- religious institution

- buildings, structures, or uses accessory to a

- religious institution."


"184 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-R and 3-S of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of a portion of Block A, Registered Plan Number 847, designated as Parts One (1), Two (2), Three (3), Four (4) and Seven (7), Description Reference Plan 55R-6361,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R1" - Residential One Unit Zone."



"185 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 1-N and 1-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the the Township of McIntyre, in the District of Thunder Bay and being composed of the East Half (E. 1/2) of the North Half (N. 1/2) of the Northwest Quarter (NW. 1/4) of Section 3, designated as part of the "EI" Extractive Industrial Zone,

are hereby removed from the "EI" - Extractive Industrial Zone and designated as part of the "RU" - Rural Area Zone."


"186 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-J of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Lot Eleven (11), Registered Plan 622, designated as Part One (1) as shown on Description Reference Plan 55R-1302,

are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "RC2" - Rural Commercial Zone 2."


"187 NOTWITHSTANDING the provisions of Sections 14.1, 14.2.1a), 14.2.2a) and 14.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Fifteen (15), Registered Plan Number 696,


a) PERMITTED USES

In addition to the uses listed in Section 14.1, an apartment dwelling containing not more than five units shall also be permitted.


The provisions of Section 14.2.1a) shall continue to apply and in the case of an apartment dwelling containing five units the minimum lot area requrement shall be the area of the lands described in this paragraph.

c) Minimum Lot Frontage:

The provisions of Section 14.2.2a) shall continue to apply and in the case of an apartment dwelling containing five units the minimum lot frontage requirement shall be the frontage of the lands described in this paragraph.

d) Maximum Height:

The provision of Section 14.2.9 shall continue to apply except in the case of an apartment dwelling containing five units, in which case the maximum height shall be 13.72 metres."



"188 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-Q of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Ninety-seven (97) and Lot Ninety-eight (98), Registered Plan Number 208,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 14.2.1(c)a and 14.2.2(c)a of this By-law, in the case of the lands and premises described in this Paragraph,


(a) Minimum Lot Area:

Double Duplex Dwelling:

375 square metres for each duplex dwelling

(b) Minimum Lot Frontage:

Double Duplex Dwelling:

10 metres for each duplex dwelling."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lots Four (4) to Nine (9) inclusive, Block Thirty-six (36) in the Hudsons Bay and Canadian Pacific Railway Company's Addition to the said City according to Registered Plan Number W-54,


(a) DEFINITIONS

(i) For the purpose of this paragraph a "fraternal organization" shall mean a non-government, non-profit, non-commercial organization which carries on social, cultural, recreational or welfare programs and which may include fundraising activities including but not limited to bingos, teas, and dances, to defray costs of the organization but shall not include the rental of the organizations' facilities to other groups or individuals for similar activities.

(b) PERMITTED USES

In addition to the uses listed in Section 37.1, a fraternal organization, as defined in this paragraph, shall also be permitted."


"190 NOTWITHSTANDING the provisions of Sections 4.21, 27.1 and 27.2 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the the Township of McIntyre, in the District of Thunder Bay and being composed of that part of Mining Location R-2 described as follows:

COMMENCING at a point in the North limit of the said Location R-2 at a distance of Seven Hundred and Thirty-seven and Three-tenths (737.3) feet measured Easterly there along from the North West corner of the said Location;

THENCE Southerly and parallel to the Westerly limit of the said Location to a point in the North Easterly limit of the Dawson Road;

THENCE North Westerly along the said North Easterly limit of the Dawson Road Three Hundred and Fifteen and Two One-hundredths (315.02) feet to a point;

THENCE Northerly and parallel to the Westerly limit of the said Location R-2 to a point in the North limit of the said Location;

THENCE Easterly along the said North limit to the point of commencement,


(a) The provisions of Sections 4.21, 27.1 and 27.2 shall continue to apply except in the case of the lands designated as "Concrete Delivery Operation" and "Buffer" on EXHIBIT ONE to and forming part of this paragraph so long as it continues to be used for a "Concrete Delivery Operation" and "Buffer" in accordance with the following provisions:

(i) For the purpose of this Paragraph, a "Concrete Delivery Operation" means "the use of land or building or structure for the purpose of providing an operational base for a maximum of two (2) active concrete delivery trucks, which may include the maintenance thereof, and the storage of the raw materials used in the mixing of concrete".

(ii) For the purpose of this Paragraph, a "Buffer Strip" means "an area of grass, shrubs, bushes, trees or other vegetation and may include earth berms".

(iii) A "Concrete Delivery Operation" shall be a permitted use only in the area designated as "Concrete Delivery Operation" on the said EXHIBIT ONE.

(iv) No buildings or structures, except for those existing on the 25th day of September, A.D. 1984, shall be permitted for the purpose of or accessory to the "Concrete Delivery Operation".

(v) So long as the lands designated as "Concrete Delivery Operation" on the said EXHIBIT ONE are used for the purposes of a "Concrete Delivery Operation", the lands designated as "Buffer" on the said EXHIBIT ONE shall be maintained as a buffer strip.

(vi) Nothing in this By-law shall prevent a portion of the lands described in this Paragraph outside the area designated as "Concrete Delivery Operation" on the said EXHIBIT ONE to be used for a driveway entrance to the said "Concrete Delivery Operation" from Highway 102.

(vii) A seasonal shutdown of the "Concrete Delivery Operation" shall not constitute a cessation of the said use."


"191 NOTWITHSTANDING the provisions of Section 4.79a of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Twenty-six (26), Registered Plan M-336,



the use legally existing on the effective date of By-law 177-1983 shall be deemed to be a retail store."

BY-LAW 99-1987 Effective Date: April 27, 1987 OMB ORDER R 870304 - June 26, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots 186 to 189 inclusive and Lots 206 to 208 inclusive, Registered Plan Number 547,


BY-LAW 117-1987 Effective Date: May 11, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots Five (5), Thirty-six (36), and Thirty-seven (37), Registered Plan M-45,


a) LOT OF RECORD

Lot 5, 36 and 37, Registered Plan M-45, are each deemed to be a lot of record."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Southwest Quarter of Section 3, and shall include lands to the centre line of Onion Lake Road abutting the above property, described as Part 1, as shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RU" - Rural Zone and designated as part of the "EI" - Extractive Industrial Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 1-N and 1-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Southwest Quarter of Section 3, described as Part 2, as shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "EI" - Extractive Industrial Zone and designated as part of the "RU" - Rural Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location R-1 containing eight-tenths (0.8) hectares more or less, North of Dawson Road, being more particularly described as Part One (1) of Description Reference Plan 55R-6790,

are hereby removed from the "SI" - Suburban Industrial Zone and designated as part of the "RE" - Residential Estate Zone."


"196 (1) NOTWITHSTANDING the provisions of Sections 4.36, 5.13.9b), 13.1, 13.2.1, 13.2.2 and 13.2.10 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Fifteen (15), Registered Plan M-34,


(a) DEFINITION:

COMMERCIAL MODELLING SCHOOL

a school or place at which instruction in modelling is offered or provided by classroom instruction or by correspondence for gain or profit, other than an educational institution.

(b) Parking Spaces Required:

in addition to the parking spaces required in Section 5.13.9b) of this By-law, the following parking regulations shall also apply:

Use Minimum Number of Parking Spaces Required

- commercial modelling school and dwelling unit

- 4.25 spaces for every classroom plus an additional 1.5 spaces for the dwelling unit.

(c) PERMITTED USES:

in addition to the uses permitted in Section 13.1 of this By-law, the following use shall also be permitted:

- a commercial modelling school and dwelling unit.

(d) Minimum Lot Area:

in the case of the permitted use added in subparagraph (c) of this paragraph, the minimum lot area shall be 450 square metres. In the case of all other permitted uses, the provisions of Section 13.2.1 shall apply.

(e) Minimum Lot Frontage:

in the case of the permitted use added in subparagraph (c) of this paragraph, the minimum lot frontage shall be 15 metres. In the case of all other permitted uses, the provisions of Section 13.2.2 shall apply.


(f) Maximum Lot Coverage:

30%

(2) For the purpose of this paragraph, the buildings existing on the 25th day of May, A.D., 1987, which buildings contain a commercial modelling school and dwelling unit shall be deemed to constitute one main building and one main use."


"197 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-L and 5-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the the Township of McIntyre, in the District of Thunder Bay and being composed of Blocks A, B and C, Lots 9 and 10, Portions of Lots 1 to 8, the Chercover Drive road allowance and portion Picton Avenue road allowance, Registered Plan Number 850, and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 12.2.2c) of this By-law, in the case of the lands and premises described in this paragraph,



lots with municipal piped water and municipal sewage disposal:

22.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of portions of Registered Plan Number 852, the whole of Registered Plan M-336 and portions of the street allowances and former Canadian National Railway right-of-way abutting these lands, and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


Permitted Uses

In addition to the uses listed in Section 33.1 an office shall also be permitted."

BY-LAW 179-1987 As amended by O.M.B. ORDER R 880524 Effective Date: July 20, 1987

"199 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-J, 8-K, 9-J and 9-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of:


(a) Lots 13 to 16 and the Westerly 7.62 metres of Lot 17 and adjacent street, Registered Plan M-85, as shown as Parts 1 and 2, Reference Plan 55R-6664 is hereby removed from the "OS" - Open Space Zone and designated as "RR" - Railway Zone;

(b) Lots 18 to 22 and the easterly 7.62 metres of Lot 17, Registered Plan M-85 and the adjacent street closed by By-law Number 168-1986, designated as Parts 1 and 2, Reference Plan 55R-6930; Lots 79 to 92, Block 1, Registered Plan M-38; and the lane adjacent to Lots 79 to 92, Block 1, Registered Plan M-38, designated as Parts 10 and 11, Reference Plan 55R-6930,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RM2B" - Residential Multiple Medium Density Zone B.

(c) Part of Lots 1 to 14, Block 1, Registered Plan M-38, designated as Parts 8 and 9, Reference Plan 55R-6930,

are hereby removed from the "RR" - Railway Zone and designated as part of the "RM2B" - Residential Multiple Medium Density Zone B.

(2) NOTWITHSTANDING the provisions of Section 16.2.1(a)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of:

Lots 18 to 22, and the easterly 7.62 metres of Lot 17, Registered Plan M-85 and the adjacent street closed by By-law Number 168-1986, designated as Parts 1 and 2, Reference Plan 55R-6930; Lots 79 to 92, Block 1, Registered Plan M-38; the lane adjacent to Lots 79 to 92, Block 1, Registered Plan M-38, designated as Parts 10 and 11, Reference Plan 55R-6930; and Part of Lots 1 to 14, Block 1, Registered Plan M-38, designated as Parts 8 and 9, Reference Plan 55R-6930,


(a) Minimum Lot Area

In addition to the regulations for each Apartment Dwelling the maximum density on the parcel described herein shall be 104 dwelling units."

BY-LAW 195-1987 Effective Date: August 4, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Corporation of the Municipality of Shuniah, in the District of Thunder Bay and being composed of Lot 1461, Registered Plan M-40, more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" Hazard Land Zone and designated as part of the "RS" - Residential Suburban Zone."

BY-LAW 211-1987 Amended By-law 253-1995

Effective Date: August 17, 1987 Effective Date: November 27, 1995

"201 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-N and 5-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being more particularly described as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6924,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 15.1, 15.2.1, 15.2.2iii), 15.2.6b) and 15.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being more particularly described as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4644 and Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6924.


a) Permitted Uses:

- a maximum of 80 senior citizen dwelling units.

- parking for the religious institution existing on August 21, 1995 on part of Lot 4, Concession A, formerly McIntyre Township, now in the City of Thunder Bay, described as Part Three (3) of Reference Plan 55R-4644.

- buildings, structures or uses accessory to a permitted use."


- the minimum lot area shall be the area of the lot described in subparagraph (2) to this paragraph


18.28 metres

d) Minimum Interior Side Yard:

One (1) metre for each 3 metres of building height or portion thereof except that the interior side yard may be 0 metres at the point where the existing building is connected to a building located on a part of Lot 4, Concession A, formerly McIntyre Township, now in the City of Thunder Bay, more particularly described as Part Three (3) of Reference Plan 55R-4644, provided that the portion of the building that is afforded this relief is no wider than 11 metres.

e) Minimum Rear Yard:

6.0 metres

(3) NOTWITHSTANDING the provisions of Section 37.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being more particularly described as Part Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6924.

a) Buffering:

The provisions of Section 37.2.9 shall not apply."

B Y-LAW 219-1987 Effective Date: September 14, 1987

"202 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, the lands and premises being more particularly described as follows, namely:


FIRSTLY:

The North half of Lot Three (3) on the South side of Wilson Street, Park Lot 1, on the South side of Pearl Street, in the City of Thunder Bay, in the District of Thunder Bay, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan 95½, as described in registered Instrument Number 143404.

SECONDLY:

Part of the East half of Lot Number One (1), on the South side of Wilson Street, being a subdivision of Park Lot Number Two (2), on the South side of Pearl Street, in the said City as shown on a Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 95½, which said portion is more particularly described as follows:

COMMENCING at the Northeasterly corner of the said Lot Number One (1) on Wilson Street;

THENCE Westerly along the Southerly boundary of Wilson Street, a distance of Thirty-three (33') feet to a point;

THENCE Southerly and parallel to the Easterly boundary of the said Lot, One Hundred and Twenty (120') feet to a point;

THENCE Easterly and parallel to the Southerly limit of Wilson Street, Thirty-three (33') feet more or less to the Easterly boundary of the said Lot Number One (1);

THENCE Northerly along the said Easterly boundary to the point of commencement, as described in registered Instrument Number 211871,


BY-LAW 221-1987 Effective Date: September 14, 1987

"203 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-K and 6-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 8 to 21, Lots 25 to 42 and portions of Lots 22 to 24 and 44, Registered Plan Number 778; Portions of Lots 1 and 12, Registered Plan Number 760; Portion of Section 49; Portion of Section 54 and the abutting road allowances, and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "RS" - Residential Suburban Zone."


Effective Date: September 14, 1987 Effective Date: January 25, 1988

"204 (1) NOTWITHSTANDING the provisions of Sections 4.115, 32.2.4, 32.2.5 and 32.2.7 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots Seventy-one (71), Seventy-two (72) and Seventy-four (74), Registered Plan 572;

SECONDLY:

Portion of Lots Seventy-six (76), Seventy-eight (78) and Eighty-two (82), Registered Plan Number 572, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6745,


a) DEFINITION:

Lot:

For the purpose of this paragraph the lands described in subparagraph (1) shall be deemed to be a lot.

b) Minimum Interior Side Yard:

0.91 metres for each interior side yard, provided however:

(i) where a main building is attached to an adjacent main building with a party wall, there shall be no interior side yard requirements along the party wall

(ii) where windows of a building face the interior side yard, then an interior side yard of 1.0 metres for each 3.0 metres or portion thereof, of building height shall be provided

c) For the purpose of this paragraph nothing herein shall prevent the establishment of a maximum of three parcels of land within the lot providing that each parcel of land consist of one or more of the following parcels:

(i) Lot Seventy-one (71), Registered Plan 572

(ii) Lot Seventy-two (72), Registered Plan 572

(iii) Lot Seventy-four (74), Registered Plan 572 and portions of Lots Seventy-six (76), Seventy-eight (78) and Eighty-two (82), Registered Plan 572, designated as Part One (1), as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6745

d) Minimum Rear Yard:

6.0 metres


e) Maximum Number of Main Uses and Main Buildings Per Lot:

(i) Uses: Two

(ii) Buildings: no maximum provided that a minimum distance of 12.2 metres separates each main building


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Seventy-one (71) and Lot Seventy-two (72), Registered Plan Number 572,


a) in the case of the existing building and structure existing on the 14th day of September, A.D., 1987, the two (2) existing loading spaces and eight (8) existing off-street parking spaces shall be provided and maintained.

b) Sections 5.12 and 5.13 shall apply to all new construction.

(3) NOTWITHSTANDING the provisions of Section 5.13.1d)iv) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay, and being composed of:

FIRSTLY:

Lots Seventy-four (74), Registered Plan Number 572;

SECONDLY:

Portion of Lots Seventy-six (76), Seventy-eight (78) and Eighty-two (82), Registered Plan Number 572, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6745,


a) Angle of Parking Minimum Aisle Width


6.2 metres

b) Parking Spaces Required:

in addition to the parking spaces required in Section 5.13.9b) of this By-law, the following parking regulations shall also apply:

Use: Minimum Number of Parking Spaces Required

industrial centre 28."


"205 (1) NOTWITHSTANDING the zone designation thereof as shown on Map 10-G of this By-law, in the case of that portion of the lands and premises being more particularly described as follows:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and Province of Ontario and being composed of a portion of Lot One (1), according to a Plan registered in the Registry Office for the Registry Division of the District of Fort William, as Number 689 and which said parcel or tract of land may be more particularly described as follows:

PREMISING the bearing of the Westerly limit of the said Lot One (1) to be North 23 degrees, 11 minutes West as shown on the said Registered Plan 689 and relating all bearings herein thereto;

COMMENCING at a point in the Westerly limit of the said Lot One (1), where an iron bar has been planted distant 822.37 feet measured Northwesterly thereon from the Southwest angle of the said Lot One (1);

THENCE North 23 degrees, 11 minutes West and along the said Westerly limit of Lot One (1), 240 feet to an iron pipe planted at the Northwest angle of the said Lot One (1);

THENCE North 89 degrees, 52 minutes East and along the North limit of the said Lot One (1), 761.16 feet to an iron pipe planted at the Northeast angle of the said Lot One (1);

THENCE in a general Southerly direction and along the East limit of the said Lot One (1), 226 feet more or less to a point where an iron bar has been planted in a line drawn on a bearing of North 89 degrees, 49 minutes East through the place of commencement;

THENCE South 89 degrees, 49 minutes West along the line drawn as aforesaid 625.87 feet to the PLACE OF COMMENCEMENT, shown as "AREA 1 TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" Hazard Land Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Map 10-G of this By-law, in the case of that portion of the lands and premises being more particularly described as follows:








THENCE South 89 degrees, 49 minutes West along the line drawn as aforesaid 625.87 feet to the PLACE OF COMMENCEMENT, shown as "AREA 2 TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "HL" - Hazard Land Zone.








THENCE South 89 degrees, 49 minutes West along the line drawn as aforesaid 625.87 feet to the PLACE OF

COMMENCEMENT, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

the following regulations shall apply:

a) no building or structure used for human habitation shall be located closer than 3 metres, or 5 metres, or 10 metres to the boundary of the Hazard Land Zone as shown on EXHIBIT ONE to and forming part of this paragraph;

b) any dwelling unit erected shall be of wood frame construction with maximum foundation footing loads of 100 KPA;

c) any dwelling unit erected shall have an excavated basement at least 1.8 metres deep."


BY-LAW 259-1987 Effective Date: October 26, 1987

"206 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-H and 4-I of this By-law, in the case of that portion of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of portions of Mining Location "O", Scott's Survey, designated as Part Two (2), as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-3022 and as Part Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4279 and a portion of the John Street Road allowance, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RE" - Residential Estate Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of a portion of Mining Location "O", Scott's Survey, designated as Part Two (2), as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-3022,

the provisions of Section 5.5 shall not apply."


"207 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-I and 4-J of this By-law, in the case of that portion of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lot

Forty-seven (47), Registered Plan Number 466 and a

portion of the Paquette Road allowance shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RE" Residential Estate Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of the easterly 72 metres of even width throughout from front to rear of Lot Forty-seven (47), Registered Plan Number 466,


BY-LAW 264-1987 Effective Date: November 10, 1987



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lot Fifty-one (51), Registered Plan 1720,



"209 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and being composed of Lot Twenty-six (26), and the northerly 3.86 metres of Lot Twenty-five (25), Registered Plan Number 141, and the applicable portions of the abutting road and lane allowances more particularly shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "GC1" - General Commercial Zone 1 and designated as part of the "CBD" - Central Business District Zone.

(2) NOTWITHSTANDING the provisions of Section 28.2.7(c) of this By-law, in the case of the lands and premises described in this Paragraph,


(a) Minimum Rear Yard:

Uses other than those listed in Section 28.2.7(a) and (b) of this By-law:

2.0 metres."

BY-LAW 24-1988 Effective Date: January 25, 1988


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of Lots Thirty-five (35) and Thirty-six (36), Block Three (3), Registered Plan M-25,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of the southerly 49.68 metres of even width throughout of Lots Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14), Registered Plan W-289,


a) PERMITTED USES:

In addition to the uses listed in Section 10.1, a cemetery shall also be permitted."


BY-LAW 291-1987 Effective Date: December 14, 1987


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, formerly in the Township of McIntyre and being composed of a Portion of the North-west Quarter of Section 40 of the geographic Township of McIntyre, designated as Parts One (1) and Two (2) on Reference Plan 55R-6950 and Part Two (2) on Reference Plan 55R-1102,

the above lands as shown on EXHIBIT ONE (1) to and forming part of this paragraph are hereby removed from the "HL" - Hazard Land Zone and "RF1" - Residential Future Zone 1 and designated as part of the "R-1" - Residential One Unit Zone, "R1-F" - Residential One Unit Zone with an "F" suffix, "OS" - Open Space Zone and "HL"-Hazard Land Zone."


"213 NOTWITHSTANDING the provisions of Section 5.2.4(c) (ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay (formerly the City of Fort William), in the District of Thunder Bay and Province of Ontario and being composed of that part of Lot One (1), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay (formerly the District of Fort William) as Number W-645, designated as Part 4 on a Plan of Survey of Reference filed in the said Registry Office as Plan Number 55R-2019,


a) the provisions of Section 5.2.4(c)(ii) shall apply except that an accessory building or structure may be situated in the required westerly interior side yard, provided further, that a minimum yard of 0.7 metres shall be maintained between such building or structure and the westerly interior side lot line and a minimum distance of 24 metres shall be maintained between such building or structure and the front lot line."



ALL AND SINGULAR those certain parcels or tracts of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being more particularly described as follows:

FIRSTLY:

The Easterly Half of Lot Number One (1), on the Southerly side of Pearl Street, as shown on a plan of subdivision of Park Lot Number Four (4), on the South side of Pearl Street, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 95½ which said Easterly Half is more particularly described as follows:

COMMENCING at the North Easterly angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, Thirty-Three (33') feet, more or less, to a point midway between the Northeasterly and Northwesterly angles thereof;

THENCE Southerly parallel to the Easterly limit of the said Lot, One Hundred and Sixty-five (165') feet, more or less, to the Southerly limit of the said Lot;

THENCE Easterly along the said Southerly limit Thirty-Three (33') feet, more or less, to the Southeasterly angle of the said Lot;


THENCE Northerly along the Easterly limit of the said Lot, One Hundred and Sixty-Five (165') feet, more or less to the point of commencement.

SECONDLY:

Lot Number Two (2) on the South side of Pearl Street, according to a plan of subdivision of Park Lot Four (4) on the South side of Pearl Street, registered in the Registry Office for the Registry Division of Thunder Bay as Number 95½.

THIRDLY:

Lot Number Three (3) on the South side of Pearl Street, according to a plan of subdivision of Park Lot Four (4) on the South side of Pearl Street, registered in the Registry Office for the Registry Division of Thunder Bay as Number 95½.

FOURTHLY:

Portions of the street allowances abutting the Firstly, Secondly and Thirdly described properties herein;

And all being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


BY-LAW 26-1988 Effective Date: February 8, 1988 OMB ORDER R 880177 - October 25, 1988

"215 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-F, 11-G, 12-F and 12-G of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of portions of Lot 18, Concession 4, S.K.R., including a portion of Part 4, Reference Plan 55R-6185; portions of Part 1, Reference Plan 55R-6716 including portions of Lots 14 and 15, Block 26, and Tuxedo Drive, according to a plan to be registered, being Stage II of the Broad Oaks Estates Subdivision; and portions of Lots 20 and 21, Lots 23 to 26 and Lots 28 to 30, Registered Plan 55M-499, all as shown as "PROPERTY TO CHANGE FROM "HL" TO "RS" ZONING" on EXHIBIT ONE and EXHIBIT TWO to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-F, 11-G, 12-F and 12-G of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of portions of Lot 18, Concession 4, S.K.R. including portions of Part 1, Reference Plan 55R-6716 including portions of Lot 1, Lots 15 to 25, Block 26 and Broad Oaks Circle according to a plan to be registered being Stage II of the Broad Oaks Estates Subdivision; and portions of Lots 15 to 18, Lots 26 to 28, Block 22, and Tuxedo Drive, Registered Plan 55M-499, all as shown as "PROPERTY TO CHANGE FROM "RS" to "HL" ZONING" on EXHIBIT ONE and EXHIBIT TWO to and forming part of this paragraph,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "HL" - Hazard Land Zone.


(3) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, in the case of the lands and premises shown on EXHIBIT ONE AND EXHIBIT TWO to and forming part of this paragraph and which are designated as part of the "HL" - Hazard Land Zone by By-law 177-1983, as amended, and as further amended by this paragraph,

the provisions of Section 5.5 shall not apply.

(4) In the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 30, Registered Plan 55M-499, the following provision shall apply:

a) no doors, windows, or other openings shall be permitted below the elevation of 213.7 metres."

BY-LAW 30-1988 Effective Date: February 8, 1988

"216 NOTWITHSTANDING the provisions of Section 5.13.9a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being more particularly described as follows:

FIRSTLY: The whole of Lot 2, Park Lot 1, South Pearl Street, Registered Plan 95½;

SECONDLY: The easterly half in even width from front to rear of Lot 3, Park Lot 1, South Pearl Street, Registered Plan 95½;

THIRDLY: The westerly fifty-four (54') feet of even width from front to rear of Lot 1, Park Lot 1, South Pearl Street, Registered Plan 95½.

Said parcel having a frontage on Pearl Street of one hundred and fifty-three (153') feet,


a) In the case of an apartment dwelling that is developed and operated by a charitable or non-profit organization, recognized as such either by method of incorporation or by the Provincial or Federal Governments or a combination thereof, where accommodation is provided for persons who, by reason of their emotional, mental, social, physical and/or economic condition, require a group living arrangement and where 24 hour support care and day programs may be provided to prepare such persons for transition to an independent living arrangement, parking spaces shall be provided at a minimum of one space for every five dwelling units. Parking for any other use shall be provided in accordance with Section 5.13.9."




FIRSTLY:

Lot Thirty-four (34), Registered Plan W-96, East side of Archibald Street.


SECONDLY:

The North forty-six feet from front to rear of Lot Number Thirty-two (N. 46' of Lot 32) on the East side of Archibald Street, McKellar Survey, in the said City of Fort William, according to a Plan registered in the Registry Office for the Registry Division of Fort William as Number W-96.

THIRDLY:

Portions of the abutting street and lane allowances.

All as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "MIN" - Major Institutional Zone.



FIRSTLY:

Lot Thirty-four (34), Registered Plan W-96, East side of Archibald Street.

SECONDLY:

The North forty-six feet from front to rear of Lot Number Thirty-two (N. 46' of Lot 32) on the East side of Archibald Street, McKellar Survey, in the said City of Fort William, according to a Plan registered in the Registry Office for the Registry Division of Fort William as Number W-96,


a) PERMITTED USE

commercial parking lot accessory to the McKellar General Hospital."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and Province of Ontario and being composed of that part of Block "A" according to a Plan filed in the Office of Land Titles at Thunder Bay as Number WM-117, which may be more particularly described as follows:

PREMISING the bearing of the Southeasterly limit of Block "A" to be North 33 degrees, 40 minutes East as shown on the said Plan WM-117 and relating all bearings herein thereto;

COMMENCING at a point where an iron bar has been planted at the most Easterly angle of the said Block "A";

THENCE South 33 degrees 40 minutes West and along the said Southeast limit of Block "A", 220 feet;

THENCE North 56 degrees, 20 minutes West and parallel to the Northeasterly limit of the said Block "A", 120 feet to a point in the rear limit of the said Block "A";


THENCE North 33 degrees, 40 minutes East and along the last mentioned limit 220 feet to an iron bar planted at the most Northerly angle of the said Block "A";

THENCE South 56 degrees, 20 minutes East along the Northeasterly limit of the said Block "A", 120 feet to the place of commencement;

being the whole of Parcel 15430 in the Register for Thunder Bay Freehold;

And a portion of the abutting road allowance;


are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.140b), 5.13.9b) and 23.1 of this By-law, in the case of the lands and premises, being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay and Province of Ontario and being composed of that part of Block "A" according to a Plan filed in the Office of Land Titles at Thunder Bay as Number WM-117, which may be more particularly described as follows:

PREMISING the bearing of the Southeasterly limit of Block "A" to be North 33 degrees, 40 minutes East as shown on the said Plan WM-117 and relating all bearings herein thereto;

COMMENCING at a point where an iron bar has been planted at the most Easterly angle of the said Block "A";

THENCE South 33 degrees 40 minutes West and along the said Southeast limit of Block "A", 220 feet;

THENCE North 56 degrees, 20 minutes West and parallel to the Northeasterly limit of the said Block "A", 120 feet to a point in the rear limit of the said Block "A";

THENCE North 33 degrees, 40 minutes East and along the last mentioned limit 220 feet to an iron bar planted at the most Northerly angle of the said Block "A";

THENCE South 56 degrees, 20 minutes East along the Northeasterly limit of the said Block "A", 120 feet to the place of commencement;

being the whole of Parcel 15430 in the Register for Thunder Bay Freehold,


a) DEFINITIONS

i) ACCOUNTING OFFICE:

Means a building or part thereof used for the carrying on of the professional practice of not more than three (3) accountants and without limiting the generality of the foregoing may include auditing, accounting and bookkeeping services.

ii) FINANCIAL SERVICES OFFICE:

Means a building or part thereof used for the carrying on of a business providing financial advice and without limiting the foregoing may include financial planning services.


iii) INSURANCE AGENCY:

Means a building or part thereof used for the carrying on of an insurance business and without limiting the foregoing may include selling of insurance, insurance appraisal services and claim adjusters.

iv) LAW OFFICE:

Means a building or part thereof used for the carrying on of the professional practice of not more than three (3) lawyers.

v) NEIGHBOURHOOD BAKE SHOP:

Means a retail store which sells baked goods on the premises for consumption off the premises with such baked goods being made on or off the premises, but shall not include a take-out pizza business.

vi) TRAVEL AGENCY:

Means a building or part thereof used for the carrying on of a business providing travel information and arranging tours, accommodations and transportation for travellers.

b) PARKING SPACES REQUIRED:

The provisions of Section 5.13.9b) shall continue to apply and in addition the parking regulations for the following uses shall also apply:


Accounting Office one space for every 23.0 square metres of gross floor area

Financial Services Office one space for every 23.0 square metres of gross floor area

Insurance Agency one space for every 23.0 square metres of gross floor area

Law Office one space for every 23.0 square metres of gross floor area

Travel Agency one space for every 23.0 square metres of gross floor area

c) PERMITTED USES:

- accounting office - bank - drugstore - dry-cleaning depot - financial service office - insurance agency - law office - library - neighbourhood bake shop - neighbourhood clinic - personal service shop - shopping centre containing two or more uses permitted in this section - travel agency - variety store - video rental shop - buildings, structures, or uses accessory to a permitted use in this

Section."



"219 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-G of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location 26, White's Survey, designated a Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4865, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RU" - Rural Area Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Mining Location 26, White's Survey, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4865,

the provision of Section 5.5 shall not apply."


"220 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-E, 8-F, 9-E and 9-F of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of portions of Lots Five (5) and Six (6), Registered Plan 55M-500, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RS" - Residential Suburban Zone."


"221 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-L of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One Hundred and Thirteen (113) and the Easterly .732 metres of Lot One Hundred and Twelve (112) on the South Side of Isabella Street, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-716 and the portions of the abutting street and lane allowances, all being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NC1" - Neighbourhood Commercial Zone 1 and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 5.13.1d)iv) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One Hundred and Thirteen (113) and the Easterly portion of Lot One Hundred and Twelve (112), Registered Plan W-716, designated as Part Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7440,


the provision of Section 5.13.1d)iv) shall apply except that the minimum aisle width in front of the frame garage existing on the 9th day of May, A.D., 1988, may be reduced to 5.4 metres so long as the said garage continues to exist in its present position.

(3) NOTWITHSTANDING the provisions of Sections 5.2.4e) and 5.13.1b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One Hundred and Eleven (111) and the Westerly portion of Lot One Hundred and Twelve (112), Registered Plan W-716, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7440,


(i) The provisions of Section 5.2.4e) shall apply except in the case of the steel shed existing on the 9th day of May, A.D., 1988, which shall be permitted to remain in its present position while maintaining a separation distance to the main building of less than 3.0 metres;

(ii) The provisions of Section 5.13.1b) shall apply except in the case of the main building existing on the 9th day of May, A.D., 1988, in which case the width of the driveway leading to the parking area may be reduced to a minimum width of 4.5 metres for two way traffic."




FIRSTLY:

Lots Numbered Thirty-six (36), Thirty-seven (37),

Thirty-eight (38), Thirty-nine (39) and Forty (40), subdivision of Park Lot Five (5), on the North side of Van Norman Street, as shown on Registered Plan in the Registry Office for the Registry Division of Thunder Bay as Number 1575.

SECONDLY:

A portion of lane according to Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay as Number 1575, stopped up and closed by By-law Number 5508 of the City of Thunder Bay and registered in the Registry Office for the Registry Division of Thunder Bay as Number 123123, more particularly described as follows:

COMMENCING at the South-east angle of Lot Thirty-eight (38) according to the said Plan which is also a point in the Northerly limit of the said lane;


THENCE Westerly along the Northerly limit of the said lane, 166 feet, more or less, to the Southwest angle of Lot Thirty-six (36);

THENCE Southerly along the production Southerly of the West limit of the said Lot, 7 feet;

THENCE Easterly parallel to the North limit of the said lane, 166 feet, more or less, to the East limit of the said lane;

THENCE Northerly along the East limit of the said lane, 7 feet, to the point of commencement.

THIRDLY:

Portions of the abutting street allowances.


are hereby removed from the "RM1" - Residential Multiple Low Density Zone and designated as part of the "GC1" - General Commercial Zone 1."

BY-LAW 158-1988 Effective Date: July 25, 1988

"223 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Town Plot N. Pearl S/D Lot 9, Plan 1682, Lots 4, 5, 6 and 7, Registered Plan Number 504, East 33 feet Lots 1 to 3 inclusive, Registered Plan Number 504 and portions of the abutting streets, and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "CBD" - Central Business District Zone.

(2) In the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Town Plot N. Pearl S/D Lot 9, Plan 1682, Lots 4, 5, 6 and 7, Registered Plan Number 504, and East 33 feet of Lots 1 to 3 inclusive, Registered Plan Number 504,


a) in the case of a duplex dwelling, a semi-detached dwelling or a single detached dwelling legally existing on the 25th day of July, A.D., 1988, if such dwelling is damaged or destroyed by accidental fire or natural disaster, this By-law shall not prevent the reconstruction of the said dwelling to its prior dimensions or to smaller dimensions and at its prior location or at a location that would be more in conformity with the By-law."


"224 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M, 3-N, 4-M and 4-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, be more particularly described as follows:


COMMENCING at a point on the east limit of Mining Location R-3, South 1 degree 19 minutes East, being distant One Hundred and Sixty-seven and Sixty-four One-hundredths (167.64) metres from the Northeast corner of the said Mining Location, which is the commencement of this description;

THENCE South 89 degrees 03 minutes 40 seconds West a distance of Four Hundred and Twenty-one and Thirteen One-hundredths (421.13) metres to a point;

THENCE South 1 degree 19 minutes East and parallel to the Easterly limit a distance of Two Hundred and Twenty-five (225) metres more or less to the South limit of the proposed Wardrope Avenue extension;

THENCE North 89 degrees 3 minutes and 40 seconds East along the South limit of the right-of-way of the proposed Wardrope Avenue Extension Two Hundred and Sixty-five (265) metres more or less to a point;

THENCE North 82 degrees 33 minutes East along the said proposed right-of-way a distance of One Hundred and Sixty-eight (168) metres more or less to a point on the East limit of the said location;

THENCE North 1 degree 19 minutes West a distance of Two Hundred and Eight (208) metres more or less to the point of commencement;

AND being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"225 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-J of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of Block E, Registered Plan WM-79, more particularly described as Parts One (1) and Two (2) of Plan 55R-7492,

are hereby deleted and removed from the "AIR" - Airport Uses Zone and designated as part of the "HC" - Highway Commercial Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of Block E, Registered Plan WM-79, more particularly described as Parts One (1) and Two (2) of Plan 55R-7492 and Block D, Registered Plan WM-79,

a) Lot shall mean the lands to which this amendment applies."


"226 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-M and 4-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, (Savigny's Survey), more particularly described as Parts One (1) and Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4089, and portions of the abutting street allowances and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and the "RF2" - Residential Future Zone 2 and designated as part of the "NIN" - Neighbourhood Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.117, 4.124(b), 4.237, 4.239, 5.12.2a), 37.1, and 37.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location "R-3" (Savigny's Survey), more particularly described as Parts One (1) and Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4089,


a) LOT, CORNER

The lands described in this paragraph shall be deemed to be a corner lot.

b) LOT LINE, FRONT

Corner Lot

The front lot line shall be the southwesterly limit of Part One (1) of Plan 55R-4089, which abuts the northerly limit of Highway No. 102 (Dawson Road).

c) YARD, REAR

Means a yard extending across the full width of the lot between the rear lot line and the nearest part of any building or structure or open storage use on the lot.

d) YARD, EXTERIOR SIDE

Means a yard extending from the required front yard to the required rear yard and from the exterior side lot line to the nearest part of any building or structure or open space use on the lot.

e) OFF-STREET LOADING SPACE REQUIREMENTS

Location:

In addition to the location of the off-street loading spaces of Section 5.12.2 of this By-law, no loading space shall be provided within the required front yard or within the required exterior side yard or the required rear yard of the lot.

f) OFF-STREET PARKING REQUIREMENTS

In addition to the regulations of Section 5.13, no parking space shall be provided within the required rear yard of the lot.


g) PERMITTED USES

- dwelling unit accessory to a religious institution - religious institution - in addition to the above-mentioned uses, the single detached dwelling

existing on the 25th day of July, A.D., 1988, may continue to be used as a single detached dwelling. Nothing in this By-law shall prevent the strengthening and restoration to a safe condition of all or part of the said building, providing such repair or restoration does not increase the height, size or volume of the said building. Upon a religious institution use being established on this property, the said dwelling unit shall be used as an accessory dwelling unit in accordance with the provisions of this By-law

- buildings, structures, or uses accessory to the above-mentioned uses

h) Buffering:

A privacy fence or a buffer strip with a minimum height of 1.6 metres shall be provided and maintained along the southerly limit of the required rear yard and along the westerly interior side lot line from the front lot line to the southerly limit of the required rear yard."


"227 (1) NOTWITHSTANDING the provisions of Sections 4.116 and 5.13.4 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 14 to 16 inclusive, Lots 29 to 39 inclusive, a portion of Lots 40 and 41, designated as Parts 3 and 4, Reference Plan 55R-3466 and a lane allowance designated as Part 1, Reference Plan 55R-3987, all within Block "E", as shown on Plan W-62, registered in the land Registry Office at Thunder Bay, the following provisions shall apply:

a) Lot Area

Means the total horizontal area within the lot lines of the lands described in this subparagraph.

b) Dimensions of Parking Spaces

A parking space required hereby shall have minimum rectangular dimensions of 2.7 metres by 5.5 metres.

(2) NOTWITHSTANDING the provisions of Sections 4.124 of this By-law and the provisions of Sections 5.13.6, 28.2.1a), 28.2.3a), 28.2.4a), 28.2.5a) and 28.2.7a) of this By-law, as they apply to Senior Citizens Dwelling, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 14 to 16 inclusive, Lots 33 to 39 inclusive, a portion of Lots 40 and 41, designated as Parts 3 and 4, Reference Plan 55R-3466 and a lane allowance designated as Part 1, Reference Plan 55R-3987, all within Block "E" as shown on Plan W-62, registered in the Land Registry Office at Thunder Bay, the following provisions shall apply:

a) Lot Line, Front:

Means the lot line abutting the Miles Street road allowance, being the dividing line between Parts 1 and 2, Reference Plan 55R-3466 and Parts 3 and 4, Reference Plan 55R-3466.


b) Location of Parking Areas

All required parking spaces shall be provided on the lands described in this subparagraph or on the lands described in subparagraph (3) of this Paragraph.

c) Except for parking standards and minimum lot area, the lands described in subparagraph (3) shall not be used to determine any of the minimum requirements for the Senior Citizen Dwelling.

d) Minimum Lot Area:

900 square metres in total for the first seven dwelling units, plus 24.0 metres for each additional dwelling unit.

e) Minimum Front Yard:

4.8 metres

f) Minimum Exterior Side Yard:

4.5 metres

g) Minimum Interior Side Yard:

4.8 metres

h) Minimum Rear Yard:

4.5 metres

i) Notwithstanding any provision of this By-law to the contrary, until the Canadian Broadcasting Corporation Building presently situated on the lands described in subparagraph (3) of this paragraph is demolished, it shall be lawful for the Senior Citizen Dwelling existing on the effective date of this By-law to maintain a minimum lot area of 2495 square metres in total and to provide a minimum of 31 parking spaces in total.

(3) NOTWITHSTANDING the provisions of Section 28.1 of this By-law, in the case of the lands and premise being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 29 to 32 inclusive, Block "E", Registered Plan W-62, the following provisions shall apply:

a) Permitted Uses:

The use of the lands described in this subparagraph shall be restricted to the provision of the minimum lot area and the parking spaces required for the Senior Citizen Dwelling situated on the lands described in subparagraph (2) of this Paragraph, provided however, that any parking spaces situated on this lot in excess of the minimum number of parking spaces required by this By-law for the said Senior Citizen Dwelling may be used as a Commercial Parking Lot."


"228 Repealed by by-law 204-1989 Effective Date: September 11, 1989




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Seven Hundred and Fifteen (715) and the southerly half from front to rear of Lot Seven Hundred and Sixteen (716), Registered Plan W-356 and those portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Section 5.13.9b) of this By-law, as it applies to a Personal Service Shop, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Seven Hundred and Fifteen (715) and the southerly half from front to rear of Lot Seven Hundred and Sixteen (716), Registered Plan W-356,


a) In addition to the definitions contained in Section 4 of this By-law, the following shall also apply:

(i) Tailor Shop or Dressmaker Shop means a building or part thereof wherein clothing including but not limited to costumes are custom made, altered and/or repaired and may include the rental of clothing made on the premises.

b) The provisions of Section 5.13.9b) of this By-law as it applies to a Personal Service Shop shall continue to apply except in the case of a Tailor Shop or Dressmaker Shop as defined in this paragraph, in which case one parking space for every 40.0 square metres of gross floor area shall be required."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Fifty-two (52), Registered Plan M-177,


PERMITTED USES:

In addition to the uses listed in Section 33.1 a motel shall also be permitted ."


"231 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 659 to 665 both inclusive, Registered Plan M-31, designated as Parts 1 and 2 of Reference Plan F.W.R. 101, City of Thunder Bay, District of Thunder Bay;


SECONDLY:

All of the 14' lane allowance which lies between Lots 659 to 665 both inclusive, Registered Plan M-31, and Lots 671 to 677 both inclusive, Registered Plan M-31, and that portion of the 14' lane allowance which lies West of the West limit of Waterloo Street and Easterly of the Northerly production of the West limit of Lot 667, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;

THIRDLY:

Lots 666 and 667, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;

FOURTHLY:

Lots 671, 672, 673, 674, 675, 676 and 677, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;

FIFTHLY:

Portion of Selkirk Street road allowance stopped up and closed by By-law Number 89-1970, more particularly described as Part 2 of Reference Plan 55R-961;

SIXTHLY:

Portions of the abutting street allowances,


are hereby removed from the "MIN" - Major Institutional Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 5.1 and 5.13.1b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Those portions of Lots 659 to 665 both inclusive, Registered Plan M-31, designated as Part 1, Reference Plan F.W.R.101, City of Thunder Bay, District of Thunder Bay;

SECONDLY:

All of the 14' lane allowance which lies between Lots 659 to 665 both inclusive, Registered Plan M-31, and Lots 671 to 677 both inclusive, Registered Plan M-31, and that portion of the 14' lane allowance which lies West of the West limit of Waterloo Street and Easterly of the Northerly production of the West limit of Lot 667, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;

THIRDLY:

Lots 666 and 667, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;

FOURTHLY:

Lots 671, 672, 673, 674, 675, 676 and 677, Registered Plan M-31, City of Thunder Bay, District of Thunder Bay;


FIFTHLY:

Portion of Selkirk Street road allowance stopped up and closed by By-law Number 89-1970, more particularly described as Part 2 of Reference Plan 55R-961;

SAVING AND EXCEPTING Part 1 on Reference Plan 55R-3857,

SAVING AND EXCEPTING Part 1 on Reference Plan 55R-6952,


a) ACCESS REGULATIONS:

the provision of Section 5.1 shall continue to apply except in the case of the driveway access from Cameron Street. The said driveway access shall be a minimum of 6.0 metres from the intersection of Waterloo Street.

b) Access to Parking Areas and Spaces:

the provision of Section 5.13.1b) shall continue to apply except in the case of the driveway leading to the parking area off Cameron Street, the said driveway shall have a minimum width of not less than 5.4 metres for two-way traffic.

c) RESTRICTED BUILDING AREA:

Notwithstanding any provisions of this By-law to the contrary, no building or structure shall be permitted within the area shown as "RESTRICTED BUILDING AREA" on EXHIBIT TWO to and forming part of this paragraph with the exception of a 3.0 metre by 5.0 metre refuse building, provided that the said refuse building complies with all other requirements of the By-law.

d) SPECIAL BUILDING PROVISIONS:

In addition to all other provisions of this By-law, the following provisions shall apply to any building constructed within the area shown as "SPECIAL BUILDING PROVISIONS" on EXHIBIT TWO to and forming part of this paragraph:

(i) The ventilation and heating systems for the dwelling units facing the railway tracks shall be designed to allow for the installation of air conditioning systems."


"232 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-I and 9-J of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 29 to 38, Block 1, Lots 1 to 5 and 16 to 20, Block 5, Lots 1 to 4 and 21 and 22, Block 6, Lots 1 to 5 and 21 to 24, Block 7, Lots 1 to 8 and 19 to 26, Block 8 and portions of the abutting street and lane allowances, all in Registered Plan Number 185 as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FD" - Future Development Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-I and 9-J of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 29 to 38, Block 2, Lots 29 to 38, Block 3, Lots 29 to 38, Block 4 and portions of the abutting street and lane allowances, all in Registered Plan Number 185 as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FD" - Future Development Zone and designated as part of the "R2" - Residential One and Two Unit Zone.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, no building or structure used for human habitation shall be permitted within the area designated as "Restricted Building Area" on EXHIBIT ONE to and forming part of this paragraph."


"233 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the Easterly fifty-seven (57') feet of even width throughout from front to rear of Lots 1, 2, 3 and 4, Block 11, Registered Plan 147, and portions of the street allowances, being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "GC2" - General Commercial Zone 2."

BYLAW 214-1988 Effective Date: September 26, 1988


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Thirty (30), Block B, Registered Plan Number 155 and a portion of Lot Thirty-one (31), Block B, Registered Plan Number 155, designated as Part One (1), Description Reference Plan 55R-1692, and a portion of the abutting street allowance all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "R2" - Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 13.2.2.c) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Thirty (30), Block B, Registered Plan Number 155 and a portion of Lot Thirty-one (31), Registered Plan Number 155, designated as Part One (1), Description Reference Plan 55R-1692,



Duplex Dwelling:

8.3 metres for each unit


Semi-detached Dwelling:




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 18 to 21 inclusive, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 547 and a portion of the abutting street allowance all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future 1 Zone and designated as part of the "R1" - Residential One Unit Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 18 to 21 inclusive, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 547 and a portion of the abutting street allowance all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) RESTRICTED BUILDING AREA:

Notwithstanding any provision of this By-law to the contrary, no building or structure shall be permitted within the area designated "Restricted Building Area" on EXHIBIT ONE to and forming part of this paragraph, and no building or structure shall be permitted within 6.0 metres of the said Restricted Building Area, provided however, that where the said Restricted Building Area is abutting the side lot line of a lot, no building or structure shall be permitted within 3.0 metres of the said Restricted Building Area."


"236 (1) NOTWITHSTANDING the provisions of Section 5.11.3 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, (formerly in the Township of McIntyre), in the District of Thunder Bay and Province of Ontario, and being composed of the East Half of Lot Number 21 as shown on a Plan of Subdivision registered in the Land Registry Office for the Registry Division of Thunder Bay (formerly the Registry Division of Port Arthur) as Number 371, and more particularly described as follows:

COMMENCING at the Northeasterly angle of said Lot Number 21;

THENCE Southerly along the Easterly limit of said Lot Number 21, a distance of 650 feet;

THENCE Westerly and parallel to the Northerly limit of said Lot, a distance of 643.5 feet;

THENCE Northerly and parallel to the Easterly limit of said Lot, a distance of 648.7 feet to a point in the Northerly limit of the said Lot;


THENCE Easterly along the said Northerly limit of said Lot, a distance of 643.5 feet more or less to the point of commencement;

SAVING AND EXCEPTING therefrom Part One (1), Description Reference Plan 55R-6074,

hereinafter referred to as the "said lands",

it shall be lawful for the agricultural use [maximum of nine (9) horses] legally existing on the effective date of this By-law to continue as a non-conforming use on that portion of the said lands being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, (formerly in the Township of McIntyre), in the District of Thunder Bay and Province of Ontario, and being composed of the East Half of Lot Number 21 as shown on a Plan of Subdivision registered in the Land Registry Office for the Registry Division of Thunder Bay (formerly the Registry Division of Port Arthur) as Number 371, and more particularly described as follows:

COMMENCING at the Northeasterly angle of said Lot Number 21;

THENCE Southerly along the Easterly limit of said Lot Number 21, a distance of 650 feet;

THENCE Westerly and parallel to the Northerly limit of said Lot, a distance of 643.5 feet;

THENCE Northerly and parallel to the Easterly limit of said Lot, a distance of 648.7 feet to a point in the Northerly limit of the said Lot;

THENCE Easterly along the said Northerly limit of said Lot, a distance of 643.5 feet more or less to the point of commencement;

SAVING AND EXCEPTING therefrom Part One (1), Description Reference Plan 55R-6074 and Part One (1) Description Reference Plan 55R-7694.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, (formerly in the Township of McIntyre), in the District of Thunder Bay and Province of Ontario, and being composed of a portion of Lot Number 21, as shown on a Plan of Subdivision registered in the Land Registry Office for the Registry Division of Thunder Bay (formerly the Registry Division of Port Arthur) as Number 371, designated as Part One (1), Description Reference Plan 55R-7694,



60 metres."


"237 NOTWITHSTANDING the provisions of Sections 13.2.1b) and 13.2.2b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 852, 853 and 854, Registered Plan M-37,




434 square metres

b) Minimum Lot Frontage:

13.5 metres."


"238 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number One Hundred and Eight (108) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 643, and portions of the abutting street and lane allowances and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"239 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-S of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of:

FIRSTLY:

Lots 222, 223, 224, 225, 226, 227, 228, 229, 230, 231 and 232, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 239.

SECONDLY:

THAT portion of the lane lying between Cuyler Street and Adams Street, and East of Grenville Avenue, as shown on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 239, and which is particularly described as follows:

COMMENCING at the North-Westerly angle of Lot 227, as shown on the said Plan;

THENCE Easterly along the Northerly limits of Lots 227, 226, 225, 224 and 223, as shown on the said Plan, 160.7 feet, more or less, to the North-Easterly angle of the said Lot 223;

THENCE 10 feet, more or less, Northerly in a straight line to the South-Easterly angle of Lot 232, as shown on the said Plan;

THENCE Westerly along the Southerly limits of Lots 232, 231, 230, 229 and 228, 160.7 feet, more or less, to the South-Westerly angle of the said Lot 228, as shown on the said Plan;

THENCE Southerly 10 feet, more or less, in a straight line to the point of commencement, being the lands described in Registered Instrument Number 19529D; being the lands stopped up and closed by By-law Number 2861 of the Corporation of the City of Port Arthur which By-law is registered in the said Registry Office as Instrument Number 19528D.


THIRDLY:

A portion of Lot 221, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 239 and being more particularly described as follows:

COMMENCING at the Northeast angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, 16 feet, to a point which is the point of commencement of this description;

THENCE Southerly parallel to the Easterly limit of the said Lot, 110 feet, more or less, to the Southerly limit thereof;

THENCE Westerly along the Southerly limit of the said Lot, 17 feet, more or less, to the Southwest angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot, 110 feet, more or less, to the Northwest angle of the said Lot;

THENCE Easterly along the Northerly limit of the said Lot, 17 feet, more or less, to the point of commencement;

FOURTHLY:


ALL as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R2" - Residential One and Two Unit Zone."


"240 NOTWITHSTANDING the provisions of Section 13.2.7(a) of this By-law, as it applies to a single detached dwelling, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Twenty-nine (29), Block 30, Registered Plan Number 147,


a) Minimum Exterior Side Yard:

1.5 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Fifteen (15), Registered Plan W-686, designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6827,





ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Forty-four (44), Forty-five (45) and Forty-six (46), Block 20, Registered Plan W-219 and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "R2" - Residential One and Two Unit Zone."


"243 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-N and 8-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One (1), Registered Plan 55M-496, and portions of the abutting streets and lane allowances, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "LI" - Light Industrial Zone and designated as part of the "CBD" - Central Business District Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One (1), Registered Plan 55M-496,


a) DEFINITIONS

EMERGENCY SHELTER

Means a building or structure where meals and/or overnight accommodations are offered to the homeless and/or financially disadvantaged which may include, but not limited to a drop-in centre and/or clothing depot accessory to the emergency shelter.

b) PERMITTED USES

In addition to the uses listed in Section 28.1, an emergency shelter as defined in this paragraph, shall also be permitted."


"244 NOTWITHSTANDING the provisions of Sections 13.2.1(c) and 13.2.3 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcels or tracts of land and premises situate, lying and being in the City of Port Arthur, in the District of Thunder Bay, and Province of Ontario, and being composed of:


FIRSTLY:

a portion of Lane in Block 5, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 147, designated as Part 4 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-1333, which said portion of lane was stopped up and closed by By-law Number 4381 of The Corporation of the City of Port Arthur, the said By-law being registered as Instrument Number 94243 in the Registry Office for the Registry Division of Thunder Bay.

SECONDLY:

a part of Lots nine and ten (9 & 10), in Block five (5), as shown on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 147, designated as Parts 1 and 2 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-1575.

THIRDLY:

a part of Lot Eight (8), in Block Five (5), as shown on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 147, and more particularly described as follows:

COMMENCING at the Southwest corner of Lot Eight (8);

THENCE North along the Westerly boundary of Lot Eight (8), a distance of 2.1336 metres to a point;

THENCE East parallel to the Southerly limit of the said Lot Eight (8), 21.329 metres to a point;

THENCE South parallel to the Westerly limit of said Lot Eight (8), 2.1336 metres more or less to a point on the Southerly limit of Lot Eight (8);

THENCE West along the Southerly limit of Lot Eight (8), 21.329 metres more or less to the point of commencement,



252 square metres for each unit

(b) Minimum Lot Depth:

22 metres."


"245 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-P and 5-Q of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and Province of Ontario, and being composed of:

FIRSTLY:

Lots numbered 9, 10, 11 and the most Northerly 20 feet of Lot 8, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay, Ontario, as Plan Number 1277, which said Northerly 20 feet of Lot 8, may be more particularly described as follows:


COMMENCING at a point in the Westerly limit of the said Lot distant 5 feet Northerly from the Southwesterly angle thereof;

THENCE Easterly and parallel to the Southerly limit of the said Lot to the Easterly limit thereof;

THENCE Northerly and along the Easterly limit of the said Lot 20 feet, more or less, to the Northeasterly angle thereof;

THENCE Westerly along the Northerly limit of the said Lot to the Northwesterly angle thereof;

THENCE Southerly along the Westerly limit of the said Lot which is also the Easterly limit of Court Street in the said City 20 feet more or less, to the point of commencement.

SECONDLY:

Portions of the abutting streets and lane allowances,


are hereby deleted and removed from the "R2-F" - Residential One and Two Unit Zone and designated as part of the "CBD-F" - Central Business District Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.79a), 5.12.5 and 5.13.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and Province of Ontario, and being composed of:

FIRSTLY:

Lots numbered 9, 10, 11 and the most Northerly 20 feet of Lot 8, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay, Ontario, as Plan Number 1277, which said Northerly 20 feet of Lot 8, may be more particularly described as follows:

COMMENCING at a point in the Westerly limit of the said Lot distant 5 feet Northerly from the Southwesterly angle thereof;

THENCE Easterly and parallel to the Southerly limit of the said Lot to the Easterly limit thereof;

THENCE Northerly and along the Easterly limit of the said Lot 20 feet, more or less, to the Northeasterly angle thereof;

THENCE Westerly along the Northerly limit of the said Lot to the Northwesterly angle thereof;

THENCE Southerly along the Westerly limit of the said Lot which is also the Easterly limit of Court Street in the said City 20 feet more or less, to the point of commencement,

a) DEFINITIONS

FURNITURE SHOWROOM

Means a retail store exceeding a gross floor area of 210 square metres where furniture is displayed, stored and offered for sale.

b) the provisions of Sections 5.12.5 and 5.13.5 shall not apply."


BY-LAW 78-1989 Effective Date: April 24, 1989 OMB ORDER R 890352 - July 24, 1989

"246 NOTWITHSTANDING the provisions of Sections 5.10.2(i), 5.13.1, 5.13.4, 5.13.9, and 24.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, (formerly of Fort William) in the District of Thunder Bay and being composed of Lot Two (2), in Block Ten (10), in what is commonly known as the Hudson Bay and Canadian Pacific Railway Companies' Addition, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay West (formerly of Fort William) as Number 54,


a) NON-COMPLYING USE

(i) Extensions Permitted:

The requirements of Section 5.10.2(i) shall apply in the case of the southerly side yard but shall not apply in the case of the northerly side yard.

b) OFF STREET PARKING REQUIREMENTS

(i) Access to Parking Spaces:

A parking space required by this By-law shall have direct access from a lane.

(ii) Dimensions of Parking Spaces:

A parking space required by this By-law shall have minimum rectangular dimensions of 2.5 metres by 6.0 metres.

(iii) Parking Spaces Required:

In the case of the building existing on the 24th day of April, A.D., 1989, no parking spaces shall be required.

The provisions of Section 5.13.9 shall apply in the case of all new construction.

c) PERMITTED USES

In addition to the uses permitted in Section 24.1 of this By-law, the following shall also be permitted:

(i) Dwelling units combined with a non-residential use permitted in Section 24.1 hereof provided that a minimum of 25% of the ground floor area of the building is devoted to a non-residential use."


"247 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-C of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of Lots Seventy-four (74) and Seventy-five (75), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 608, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,



(2) NOTWITHSTANDING the provision of Section 5.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of Lots Seventy-four (74) and Seventy-five (75), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 608,

the provision of Section 5.5 shall not apply."


"248 (1) The lands and premises being more particularly described as follows, namely:


FIRSTLY:

A part of Lot 3B, Concession "A", in the Township of McIntyre, in the City of Thunder And more particularly described as follows:

COMMENCING at a point in the Westerly limit of Lot 29, Block 25, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 171, at a distance of 100 feet measured Southerly thereon from the North-west angle of said Lot, said point being the place of beginning;

THENCE Westerly to the Southerly boundary of Clarkson Street as laid out by by-law Number 364, and measured at right angles thereto;

THENCE Easterly along said Southerly boundary to the Westerly boundary of Red River Road;

THENCE Southerly along said Westerly boundary to the said North-Westerly angle of said Lot 29, Block 25, Plan 171;

THENCE Southerly along said boundary 100 feet to the place of beginning.

SECONDLY:

A part of Lot 29, in Block 25, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 171, more particularly described as follows:

COMMENCING at the most Northerly angle of the said Lot 29;

THENCE Southerly along the Easterly limit of the said Lot 29 being the Westerly limit of Red River Road 80 feet;

THENCE Westerly in a straight line to a point in the Westerly limit of the said Lot 29 distant 100 feet measured Southerly along the said Westerly limit of the said Lot 29 from the point of commencement of this description;

THENCE Northerly along the Westerly limit of the said Lot 29, 100 feet to the point of commencement.

THIRDLY:

A part of Lot 29, in Block 25, according to a plan filed in the Registry Office for the Registry Division of Thunder Bay as Number 171, more particularly described as follows:



THENCE Southerly along the Easterly limit of the said lot, being the Westerly limit of Red River Road, 80 feet to the point of commencement of this description;

THENCE continuing Southerly along the Easterly limit of the said Lot 21.31 feet, more or less, to a point in the said Easterly limit distant 90 feet measured Northerly along the said Easterly limit from the most Easterly angle of the said Lot;

THENCE Westerly at right angles to the said Easterly limit to a point in the North-westerly limit of the said Lot distant 55 feet, more or less, measured Northerly along the said Westerly limit from the most Westerly angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot to a point distant 100 feet measured Southerly along the said Westerly limit of the said Lot from the most Northerly angle of the said Lot;

THENCE Easterly in a straight line to the point of commencement of this description.

FOURTHLY:

A Portion of Lot 3B, Concession "A" designated as Part 1 as shown on a plan deposited in the Registry Office for the Registry Division of Thunder Bay as description reference plan 55R-3657.

FIFTHLY:

COMMENCING at the most Easterly angle of the said Lot 29, being the intersection of Algonquin Avenue and Red River Road;

THENCE Northerly along the Easterly limit of the said Lot 29, being the Westerly limit of Red River Road, 90 feet;

THENCE Westerly at right angles to the Easterly limit of the said Lot 29, 76 feet, more or less, to the Northwesterly limit of the said Lot 29;

THENCE South-westerly along the North-westerly limit of the said Lot 29, 55 feet, more or less, to the most Westerly angle of the said Lot 29;

THENCE South-easterly along the South-westerly limit of the said Lot 29, 116.88 feet, more or less, to the most Southerly angle of the said Lot 29;

THENCE North-easterly along the South-easterly limit of the said Lot 29, 30.65 feet, more or less, to the point of commencement,

all shown as "PROPERTY LOCATION - PART 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby designated as part of the "HC" - Highway Commercial Zone and all the applicable provisions of By-law 177-1983, as amended, shall apply.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay, and being composed of a part of Lot 27, and the whole of Lot 28, Block 25, Registered Plan Number 171, being Part 2 on Reference Plan 55R-5286, and a part of Lot 27, Block 25, Registered Plan Number 171, being a portion Part 1 on Reference Plan 55R-5286 more particularly described as follows:

PREMISING that the Easterly limit of said Lot 27 as shown on Reference Plan 55R-5286 has a bearing of N 22° 25' E and relating all bearings herein thereto;


COMMENCING at the northeasterly corner of Part 1 on said Reference Plan 55R-5286 said point of commencement being distant 5.029 metres measured S 22° 25' W along the said easterly limit from the northeast corner of said Lot 27;

THENCE N 67° 16' W along the northerly limit of said Part 1, 35.634 metres to the northwest corner of said Part 1;

THENCE S 22° 28' W along the westerly limit of said Part 1, being also the westerly limit of said Lot 27, 2.54 metres;

THENCE S 67° 16' E parallel to the northerly limit of said Part 1, 35.636 metres more or less to intersect the easterly limit of said Lot 27;

THENCE N 22° 25' E along said easterly limit, 2.54 metres to the Point of Commencement, shown as "PROPERTY LOCATION - PART 2" on EXHIBIT ONE to and forming part of this paragraph,

and a portion of the abutting street allowance shown as "PROPERTY LOCATION - PART 4" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "HC" - Highway Commercial Zone.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-N of this By-law, in the case of the lands being more particularly described as the portions of the abutting road allowances shown as "PROPERTY LOCATION - PART 3" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "HC" - Highway Commercial zone.

(4) NOTWITHSTANDING the provisions of Sections 4.115, 4.124, 4.126 and 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

FIRSTLY:

A part of Lot 3B, Concession "A", in the Township of McIntyre, in the City of Thunder Bay and more particularly described as follows:

COMMENCING at a point in the Westerly limit of Lot 29, Block 25, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 171, at a distance of 100 feet measured Southerly thereon from the North-west angle of said Lot, said point being the place of beginning;

THENCE Westerly to the Southerly boundary of Clarkson Street as laid out by By-law Number 364, and measured at right angles thereto;

THENCE Easterly along said Southerly boundary to the Westerly boundary of Red River Road;

THENCE Southerly along said Westerly boundary to the said North-Westerly angle of said Lot 29, Block 25, Plan 171;

THENCE Southerly along said boundary 100 feet to the place of beginning.

SECONDLY:

A part of Lot 29, in Block 25, according to a plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 171, more particularly described as follows:



THENCE Southerly along the Easterly limit of the said lot 29 being the Westerly limit of Red River Road 80 feet;

THENCE Westerly in a straight line to a point in the Westerly limit of the said Lot 29 distant 100 feet measured Southerly along the said Westerly limit of the said Lot 29 from the point of commencement of this description;

THENCE Northerly along the Westerly limit of the said Lot 29, 100 feet to the point of commencement.

THIRDLY:

A part of Lot 29, in Block 25, according to a plan filed in the Registry Office for the Registry Division of Thunder Bay as Number 171, more particularly described as follows:


THENCE Southerly along the Easterly limit of the said lot, being the Westerly limit of Red River Road, 80 feet to the point of commencement of this description;

THENCE Continuing Southerly along the Easterly limit of the said Lot 21.31 feet, more or less, to a point in the said Easterly limit distant 90 feet measured Northerly along the said Easterly limit from the most Easterly angle of the said Lot;

THENCE Westerly at right angles to the said Easterly limit to a point in the North-westerly limit of the said Lot distant 55 feet, more or less, measured Northerly along the said Westerly limit from the most Westerly angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot to a point distant 100 feet measured Southerly along the said Westerly limit of the said Lot from the most Northerly angle of the said Lot;

THENCE Easterly in a straight line to the point of commencement of this description.

FOURTHLY:

A Portion of Lot 3B, Concession "A" designated as Part 1 as shown on a plan deposited in the Registry Office for the Registry Division of Thunder Bay as description reference plan 55R-3657;

FIFTHLY:

COMMENCING at the most Easterly angle of the said Lot 29, being the intersection of Algonquin Avenue and Red River Road;

THENCE Northerly along the Easterly limit of the said Lot 29, being the Westerly limit of Red River Road, 90 feet;

THENCE Westerly at right angles to the Easterly limit of the said Lot 29, 76 feet, more or less, to the Northwesterly limit of the said Lot 29;

THENCE South-westerly along the North-westerly limit of the said Lot 29, 55 feet, more or less, to the most Westerly angle of the said Lot 29;

THENCE South-easterly along the South-westerly limit of the said Lot 29, 116.88 feet, more or less, to the most Southerly angle of the said Lot 29;

THENCE North-easterly along the South-easterly limit of the said Lot 29, 30.65 feet, more or less, to the point of commencement.


SIXTHLY:

A part of Lot 27 and the whole of Lot 28, Block 25, Plan 171, being Part 2 on Reference Plan 55R-5286, and a portion of the abutting street allowance and a part of Lot 27, Block 25, Plan 171, being a part of Part 1 on Reference Plan 55R-5286, more particularly described as follows:

PREMISING that the easterly limit of said Lot 27 as shown on Reference Plan 55R-5286 has a bearing of N 22° 25' E and relating all bearings herein thereto;

COMMENCING at the northeasterly corner of Part 1 on said Reference Plan 55R-5286 said point of commencement being distant 5.029 metres measured S 22° 25' W along the said easterly limit from the northeast corner of said Lot 27;

THENCE N 67° 16' W along the northerly limit of said Part 1, 35.634 metres to the northwest corner of said Part 1;

THENCE S 22° 28' W along the westerly limit of said Part 1, being also the westerly limit of said Lot 27, 2.54 metres;

THENCE S 67° 16' E parallel to the northerly limit of said Part 1, 35.634 metres more or less to intersect the easterly limit of said Lot 27;

THENCE N 22° 25' E along said easterly limit, 2.54 metres to the Point of Commencement.

all shown as "PROPERTY LOCATION - PART 1 and PROPERTY LOCATION - PART 2" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS

i) LOT

Means the whole of the lands and premises described in this subparagraph.

ii) LOT LINE, FRONT

Means the lot line abutting Clarkson Avenue.

iii) LOT LINE, REAR

Means the southerly lot line of "PROPERTY LOCATION - Part 2" shown on EXHIBIT ONE to this paragraph.

b) PERMITTED USES

In addition to the uses listed in Section 27.1 the following uses shall be permitted:

- office - retail store - video rental shop c) REGULATIONS

(i) Maximum Gross Floor Area:

785 square metres

(5) Notwithstanding the provisions of Sections 4.115, 13.1, 13.2.1(b) and 13.2.2(b) in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay formerly in the Township of McIntyre, in the District of Thunder Bay and being more particularly described as follows, namely:

The Whole of Lot 26 and Part of Lot 27, Block 25, Registered Plan 171, City of Thunder Bay, District of Thunder Bay said part of Lot 27 more particularly described as follows:

PREMISING that the easterly limit of said Lot 27 as shown on Reference Plan 55R-5286 has a bearing of N 22° 25' E and relating all bearings herein thereto;

COMMENCING at a point in the said easterly limit of Lot 27 distant 7.569 metres measured S 22° 25' W from the northeast corner of the said Lot 27;

THENCE N 67° 16' W, 35.636 metres more or less to intersect the westerly limit of said Lot 27;

THENCE S 22° 28' W along the said westerly limit, 2.489 metres more or less to the southwest corner of the said Lot 27;

THENCE S 67° 16' along the southerly limit of the said Lot 27, 35.636 metres more or less to the southeast corner of the said Lot 27;

THENCE N 22° 25' E along the said easterly limit 2.489 metres more or less to the Point of Commencement,

shown as "PROPERTY LOCATION - PART 5" on EXHIBIT ONE to and forming part of this paragraph,


a) LOT

Means the whole of the lands and premises described in this subparagraph.

b) PERMITTED USES

In addition to the permitted uses in the "R2" Zone, once the single detached dwelling is demolished or removed, a commercial parking lot in conjunction with the lands described in subparagraphs (1) and (2) of this paragraph shall be permitted.

c) REGULATIONS

i) Minimum Lot Area

447 square metres

ii) Minimum Lot Frontage

12 metres."


"249 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-I of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, North of the Kaministiquia River and being composed of that portion of Lot 13, in Concession 1, more particularly described as follows:


PREMISING the bearing of the North limit of the said Lot 13 to be West astronomic as shown on plan of survey by Ontario Land Surveyor R. S. KIRKUP, dated at Fort William the 10th day of September, 1940, and relating all bearings herein thereto;

COMMENCING at a point in the said North limit of Lot 13 distant 282.588 metres measured Easterly thereon from the Northwest angle of the said Lot 13;

THENCE South 00 degrees 03 minutes East and parallel to the West limit of the said Lot 13, 137.16 metres more or less to a point;

THENCE East and parallel to the North limit of the said Lot 13 to a point in a line drawn parallel to the Westerly limit of Lot 13 and distant 312.024 metres measured perpendicularly Easterly therefrom;

THENCE North 00 degrees 03 minutes West and along the line drawn as aforesaid 137.16 metres more or less to the said North limit of Lot 13;

THENCE West and along the last mentioned limit 29.436 metres to the place of COMMENCEMENT;

A portion of the abutting street allowance,


are hereby removed from the "SI" - Suburban Industrial Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the provisions of Section 10.2.2(b)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, North of the Kaministiquia River and being composed of that portion of Lot 13, in Concession 1, more particularly described as follows:

PREMISING the bearing of the North limit of the said Lot 13 to be West astronomic as shown on plan of survey by Ontario Land Surveyor R. S. KIRKUP, dated at Fort William the 10th day of September, 1940, and relating all bearings herein thereto;

COMMENCING at a point in the said North limit of Lot 13 distant 282.588 metres measured Easterly thereon from the Northwest angle of the said Lot 13;

THENCE South 00 degrees 03 minutes East and parallel to the West limit of the said Lot 13, 137.16 metres more or less to a point;

THENCE East and parallel to the North limit of the said Lot 13 to a point in a line drawn parallel to the Westerly limit of Lot 13 and distant 312.024 metres measured perpendicularly Easterly therefrom;

THENCE North 00 degrees 03 minutes West and along the line drawn as aforesaid 137.16 metres more or less to the said North limit of Lot 13;

THENCE West and along the last mentioned limit 29.436 metres to the place of COMMENCEMENT,



29 metres."


BY-LAW 130-1989 As amended by By-law 239-1992

Effective Date: June 26, 1989 Effective Date: August 10, 1992

"250 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 36, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 547 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"251 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-L of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Northeast Quarter of Section Fifty-four (N/E ¼ Sec. 54), more particularly described as follows:

COMMENCING at a point in the westerly production of the northerly limit of Central Avenue as shown widened to a width of 30.480 metres on Plan M-58, which said point is distant 40.538 metres westerly along the said westerly production from its intersection with the easterly limit of the said Section;

THENCE northerly parallel with the easterly limit of Section 54, 130.759 metres, more or less;

THENCE westerly and parallel with the northerly limit of the said Section, 153.619 metres, more or less, to the easterly limit of Birch Street as shown on Plan No. 760;

THENCE southerly along the easterly limit of said Birch Street 124.663 metres, more or less, to the northerly limit of Central Avenue;

THENCE on a curve to the left having a radius of 1586.420 metres an arc distance of 138.349 metres;

THENCE easterly and parallel with the northerly limit of the said Section, 15.240 metres more or less to the point of commencement;

SAVING AND EXCEPTING that part of the Northeast Quarter of Section 54, designated as Parts 1 and 2 on Reference Plan 55R-7344;

And portions of the H.E.P.C. right-of-way and the abutting street allowances,


are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "SI" - Suburban Industrial Zone."


"252 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the East One Half of Lot 51, East side of Vickers Street, Registered Plan W-178, and a portion of the abutting street and lane allowance as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"253 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 8 to 14 all inclusive, Block 19, Registered Plan W-179.

SECONDLY:


THIRDLY:

Portion of Lots 15 to 21 all inclusive, Block 18, Registered Plan W-179, and a portion of the abutting lane, designated as Parts 4 and 5, as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4906, SAVING AND EXCEPTING Parts 6 and 7, as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7104.

FOURTHLY:

A portion of Dundas Avenue (formerly called Dufferin Avenue), a portion of Selkirk Avenue, and a portion of the Original Road Allowance between the Townships of Neebing and McIntyre, Parcel 16577, T.B.F..

FIFTHLY:

Portion of the abutting lanes;


are hereby removed from the "OS" - Open Space Zone and "MIN" - Major Institutional Zone, and designated as part of the "SPC" - Special Purpose Commercial Zone.




FIRSTLY:

Lots 8, 9 and 11 to 14 all inclusive, Block 19, Registered Plan W-179.

SECONDLY:

A portion of Lot 10, Block 19, Registered Plan W-179.

THIRDLY:


FOURTHLY:

Portion of Lots 15 to 21 all inclusive, Block 18, Registered Plan W-179, and a portion of the abutting lane, designated as Parts 4 and 5, as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4906, SAVING AND EXCEPTING Parts 6 and 7, as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7104.

FIFTHLY:

A portion of Dundas Avenue (formerly called Dufferin Avenue), and a portion of Selkirk Avenue.

SIXTHLY:

Portions of the abutting lanes,

ALL as shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph,


(a) LOT LINE, FRONT

Shall be the lot line shown as "LOT LINE, FRONT" on EXHIBIT TWO to and forming part of this paragraph.

(b) Maximum Number of Main Buildings Per Lot:

Two, provided that the separation distance between each main building is a minimum of 6.0 metres ."


"254 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Fourteen (14) to Sixteen (16) inclusive, Block Twelve (12), Registered Plan Number Eight (8); a portion of Lot Thirteen (13), Block Twelve (12), Registered Plan Number Eight (8); and a portion of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,





FIRSTLY:

A portion of Lot Thirteen (13) and all of Lots Fourteen (14) to Sixteen (16), Block Twelve (12), Registered Plan Number Eight (8) and a portion of the abutting lane allowance and a 1 foot reserve, designated as Parts Five (5), Seven (7), Eight (8) and Nine (9), Description Reference Plan 55R-7946.

SECONDLY:

A portion of a lane allowance, Registered Plan M-88, designated as Part Four (4), Description Reference Plan 55R-7946.

THIRDLY:

Lots Four Hundred and Ninety-five (495) to Four Hundred and Ninety-seven (497), Registered Plan M-89, designated as Part Eleven (11), Description Reference Plan 55R-7946,


(a) Maximum Height:

7.5 metres."


"255 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-O of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Block "A", Registered Plan M-314 shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A."

(2) NOTWITHSTANDING the provisions of Sections 4.115, 4.122, 5.2.2, 5.2.3, 5.2.4a), 5.2.4b), 5.2.4c), 5.2.4d), 5.12.2a), 5.13.1c), 5.13.3b), 5.14.2(a), 5.14.3(a), 5.14.5(a) and 5.21.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being more particularly described as follows:

FIRSTLY:

A portion of Block "A" as shown on a Plan filed in the Office of Land Titles for Thunder Bay as Plan M-314, designated as Parts 1, 3 and 4 as shown on a Plan recorded in the Land Titles Office for Thunder Bay as Description Reference Plan 55R-2229;

SECONDLY:

A portion of Block "A" as shown on a Plan filed in the Office of Land Titles for Thunder Bay as Plan M-313, designated as Part 2 as shown on a Plan recorded in the Land Titles Office for Thunder Bay as Description Reference Plan 55R-5183;


THIRDLY:

Portions of Lots 1 to 5 inclusive, and all of Lots 6 to 36 inclusive, and the lane, Block 35, all of Lots 19 to 28 inclusive, and portions of Lots 29 to 31 inclusive, and the lane, Block 34, portions of Allen Avenue and Bloor Street, all in Registered Plan M-25, being Parts 1, 2, 3, 5, 8, 11 and 16, as shown on a Plan recorded in the Land Titles Office for Thunder Bay as Reference Plan 55R-2402,


(a) DEFINITIONS

(i) COOPERATIVE HOUSING DEVELOPMENT

Means a residential development consisting of semi-detached dwellings and group townhouses operated on a non-profit basis by a non-profit corporation recognized as such either by method of incorporation or by the Provincial or Federal Governments or recognized by a combination thereof and which may include as part thereof the following uses:

a) administrative offices for the cooperative

b) one (1) community centre

c) one (1) day nursery

d) one (1) neighbourhood clinic

e) residential care unit type I when situated in a dwelling unit and subject to clause (b)(x) of subparagraph (3) of this paragraph

f) residential care unit type II when situated in a dwelling unit and subject to clause (b)(x) of subparagraph (3) of this paragraph and buildings, structures and uses accessory to all of the foregoing uses.

(ii) LOT

Means the lands described in this subparagraph.

(iii) LOT LINE

Means any boundary of a lot and/or the vertical projection thereof. For the purpose of this paragraph the limits of Coady Place and Laidlaw Drive shall also be deemed to be lot lines.

(iv) REQUIRED YARD

Means the minimum setback required by this By-law.

(b) ACCESSORY USES

The provisions of Sections 5.2.2, 5.2.3, 5.2.4a), 5.2.4b), 5.2.4c) and 5.2.4d) shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:

(i) Lot Coverage:

The total lot coverage of all accessory buildings or structures in a cooperative housing development shall not exceed 15% of the lot area of the lot.


(ii) Height:

a) no building or structure accessory to a dwelling unit shall exceed 4.2 metres in height;

b) no other accessory building or structure shall exceed 10 metres in height.

(iii) Location:

No buildings or structures accessory to a use permitted in a cooperative housing development shall be located in a required yard, provided that a maximum of fifteen (15) refuse buildings, having a maximum gross floor area of 10 square metres each and a maximum height of 4.2 metres each, for the temporary storage of garbage from the cooperative housing development, may be located adjacent to any street allowance or private street.

(c) OFF-STREET LOADING SPACE REQUIREMENTS

The provisions of Section 5.12.2a) shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:

(i) Location:

no loading space shall be located within a required yard

(d) OFF-STREET PARKING REQUIREMENTS

The provisions of Sections 5.13.1c) and 5.13.3b) shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:

(i) Access to Parking Areas and Spaces:

Where a parking area is required to contain three or more parking spaces, such parking spaces shall have unobstructed access to an aisle leading to a driveway, provided that where a parking space abuts a private street, the parking spaces shall have direct access to such street.


The total parking space requirement for a cooperative housing development shall be the sum of the requirements for each separate use within the cooperative housing development.

(e) PERMITTED YARD ENCROACHMENTS

The provisions of Sections 5.14.2(a), 5.14.3(a) and 5.14.5(a) shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:

(i) Fire Escapes:

(a) Required Yard

Fire escapes may be constructed in a required yard provided that such fire escape does not project more than 1.2 metres into the required yard.

(ii) Decks:

(a) Required Yard

A deck shall not project into a required yard.


(iii) Balconies:

(a) Required Yard

A balcony shall not project into a required yard.

(f) SWIMMING POOLS

The provisions of Section 5.21.1 shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:

(i) Below Finished Grade Unenclosed:

Swimming pools with the walls of the pool completely below finished grade shall not be located in any required yard

(3) NOTWITHSTANDING the provisions of Section 15.1 and 15.2 of this By-law, in the case of that portion of the lands and premises described in subparagraph (2) of this paragraph which are zoned "RM2A" - Residential Multiple Medium Density Zone A, the following provisions shall apply:

(a) PERMITTED USES

In addition to the uses listed in Section 15.1, a "cooperative housing development" shall also be a permitted use.

(b) REGULATIONS

The provisions of Section 15.2 shall continue to apply except in the case of a cooperative housing development in which case the following shall apply:


Shall be the area of the lands described in subparagraph (2) of this paragraph.

(ii) Maximum Number of Dwelling Units:

215

(iii) Minimum Lot Frontage:

There shall be no minimum lot frontage required.

(iv) Minimum Lot Depth:

There shall be no minimum lot depth required.

(v) Minimum Setback:

Except as provided elsewhere in this By-law, no building or structure shall be located closer to a lot line than the limits of the Building Envelopes shown on EXHIBIT TWO to and forming part of this paragraph.

(vi) Maximum Height:

10 metres

(vii) Maximum Number of Main Uses and Main Buildings Per Lot:

a) Uses:

One only


b) Buildings:

No maximum provided that a minimum distance of 6.0 metres separate each main building

(viii) Maximum Lot Coverage:

35%

(ix) Minimum Landscaped Open Space:

10% of the lot area

(x) Separation Distance for a Residential Care Unit Type I or a Residential Care Unit Type II:

No residential care unit type I and/or residential care unit type II shall be located closer than 240 metres from any other residential care unit type I or type II. The required separation distance shall be measured from the closest wall of the building occupied by the residential care unit type I or type II to the closest wall of any other building occupied by a residential care unit type I or type II within the cooperative housing development or to the boundary of a lot of any other residential care unit type I or type II."




FIRSTLY:

That Portion of Lot 38, Plan W-759, described as follows:

COMMENCING at a point on the West limit of Lot 38 distant 8 feet southerly thereon from the north-west angle of the said Lot;

THENCE southerly along the westerly limit of the said Lot 38, 42 feet, more or less, to the south-west angle of the said Lot;

THENCE easterly along the southerly limit, 137.54 feet, to the south-east angle of the said Lot;

THENCE northerly along the easterly limit of the said Lot 42 feet southerly thereon from the north-east angle of the said Lot;

THENCE westerly and parallel to the north limit of the said Lot 137.54 feet to the point of commencement.

SECONDLY:

The most northerly 3 feet in perpendicular width from front to rear of Lot 39, Plan W-759;

THIRDLY:




are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "NC1" - Neighbourhood Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Section 5.13.1b), of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

That Portion of Lot 38, Plan W-759, described as follows:

COMMENCING at a point on the West limit of Lot 38 distant 8 feet southerly thereon from the north-west angle of the said Lot;

THENCE easterly along the southerly limit, 137.54 feet, to the south-east angle of the said Lot;

THENCE northerly along the easterly limit of the said Lot 42 feet southerly thereon from the north-east angle of the said Lot;

THENCE westerly and parallel to the north limit of the said Lot 137.54 feet to the point of commencement.

SECONDLY:

The most northerly 3 feet in perpendicular width from front to rear of Lot 39, Plan W-759;


a) The provisions of Section 5.13.1b) shall continue to apply except in the case of the main building existing on the 8th day of August, A.D., 1989, in which case the width of a driveway leading to a parking area shall be a minimum of not less than 3.0 metres for one-way or two-way traffic.

(3) NOTWITHSTANDING any provision of this By-law to the contrary and in addition to all other provisions of this By-law in the case of the lands and premises described in subparagraph (2) of this paragraph, the following provisions shall also apply:

a) No part of any driveway or private parking area shall be located within 3 metres of the centre line of the lane allowance abutting the rear lot line;

b) No snow removed from the driveway or private parking area shall be stored within 3.0 metres of the centre line of the lane allowance abutting the rear lot line;

c) The maximum gross floor area shall be 150 square metres;

d) The maximum number of storeys shall be limited to one (1);

e) No building or structure shall be constructed with a basement;

f) The parking spaces located in the rear yard shall be used for employee parking only."


BY-LAW 182-1989 Effective Date: August 8, 1989 As Amended by OMB ORDER R 890593 - October 23, 1990

"257 Application

(1) NOTWITHSTANDING the provisions of Sections 4.35, 4.115, 5.6.2b), 5.13.1d) (ii) and (iv), 5.13.4, 28.1, 28.2.5 and 28.2.9b) (ii), the provisions of this paragraph shall apply to the use for the purpose of a Mixed Use Complex of the lands and premises more particularly described as follows, namely:

Part of Reserve A, part of Van Norman Street, part of North Water Street in Reserve A, part of North Water Street, Town Plot of Prince Arthur's Landing, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 55R-7952, City of Thunder Bay, District of Thunder Bay.

Definitions

(2) In this paragraph:

a) "commercial parking structure" means a partially open and/or enclosed area, building or structure, other than a street or lane, used for the parking of more than three motor vehicles, together with aisles and driveways;

b) "lot" means the lands to which this paragraph applies.

c) "Mixed Use Complex" means the use of land and one or more buildings or structures for the combined purposes of a commercial parking structure containing not less then 600 and not more than 630 parking spaces (exclusive of parking spaces provided therein or elsewhere on the lot for the dwelling units), together with not more than 60 dwelling units located above the ground floor, together with not more than 6,900 square metres of non-residential uses listed as permitted uses in Section 28.1 of this By-law, together with a bus depot and uses accessory to the foregoing uses, and the land, buildings and structures may be held in freehold, leasehold or condominium tenure, or in any combination thereof.

Permitted Use

(3) A Mixed Use Complex is a permitted use on the lot.

Location

(4) The Mixed Use Complex shall be located so that the minimum clearances between it and the lot lines as shown on Exhibit 1 to this paragraph are maintained.

Height and Roof Feature Size

(5) (a) Except as provided in clauses (b), (c) and (d) of this subparagraph and in Schedule 1, the height of any building shall not exceed 261 metres above sea level, geodetic datum;

b) Notwithstanding clause (a) of this subparagraph, the following features shall not exceed 218 metres above sea level, geodetic datum: mechanical and electrical devices and enclosures, pipes, skylights, stairwell enclosures and ventilators;

c) Notwithstanding clause (a) of this subparagraph, the following features shall not exceed 223.85 metres above sea level, geodetic datum: flagpoles and antennae;

d) Notwithstanding clauses (a) and (b) of this subparagraph, the roof features numbered 1 to 6, both inclusive, and the parapet, as shown on Exhibit 2 forming part of this paragraph, shall not exceed the height or the horizontal area therefor as shown on Schedule 2.


e) Roof features numbered 1 to 6, both inclusive, shall not exceed the height or the horizontal area therefor as shown on Schedule 2.

Roof Feature Location

(6) Roof features 1 to 6, both inclusive, shall be located within the area designated therefor on Exhibit 2, provided that:

a) Roof feature number 3 may be located elsewhere on the roof provided the nearest portion thereof is within fifteen (15) metres of a limit of the permitted location shown on Exhibit 2; and

b) Roof feature number 6 may be located elsewhere on the roof, provided the nearest portion thereof is within five (5) metres of a limit of the permitted location shown on Exhibit 2.

Parking Spaces and Aisles

(7) The parking spaces and aisles within the Mixed Use Complex that are accessory to the dwelling units shall comply with the following requirements:

a) Dimensions of parking spaces:

A parking space shall have minimum rectangular dimensions of 2.6 metres by 5.5 metres, except that where the side of a parking space abuts a wall, column, pillar, fence, pole or other obstruction, the minimum width of the said parking space shall be 2.8 metres.

b) Aisle widths:

Angle of Parking Minimum Aisle Widths

i) over 45 degrees up to and including 70 degrees

5.0 metres

ii) over 80 degrees up to and including 90 degrees

5.54 metres

Minimum Interior Side Yard

(8) No interior side yard shall be required, except that, where windows of a building face the interior lot line, then a setback from the lot line of 1.5 metres shall be required for that portion of the building containing such windows.

Maximum Number of Main Buildings and Building Separation

(9) There is no restriction on the number of main buildings permitted and no separation between buildings is required."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the East Half of Lot 6, Lot 7 and Lot 8, Block 29, Registered Plan W-219, and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,




"259 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-J and 9-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 282 to 326, 328 to 330, 332, 333, 336 and 338 to 363, Registered Plan Number 379 and portions of the abutting street and lane allowances and portions of Lot 8, Concession I, N.K.R., designated as Parts 3, 5, 7, 9, 11, 13, 17, 18 and 20 to 42, Compiled Plan and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-J and 9-K of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of portions of Lot 8, Concession I, N.K.R., designated as Part 1, 55R-761, Parts 1, 2 and 3, Reference Plan 55R-2334, and Parts 19, 44 and 48, Compiled Plan and portions of the abutting street allowances; all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "LI" - Light Industrial Zone."


"260 Repealed by By-law 157-1990 Effective Date: June 25, 1990


"261 NOTWITHSTANDING the provisions of Section 13.2.7 (b) (i) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portions of Lot 50, Registered Plan W-211, more particularly described as follows:

COMMENCING at the North-West angle of the said Lot 50;

THENCE East along the North limit of Lot 50, 36'.10 more or less to the division line between the East half and West half of the West half of the said Lot 50;

THENCE South along the said division line 115'.0 more or less to a point distant 17' from the South limit of the said Lot 50 and measured perpendicular thereto;

THENCE West always at a distance of 17' measured North and perpendicular to the said South limit a distance of 36'.09 more or less to the West limit of the said Lot 50;

THENCE North along the said West limit a distance of 115'.0 more or less to the Point of Commencement,


a) Minimum Interior Side Yard:

1.1 metres for each interior side yard."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Northwest Quarter of Section 40, more particularly described as Part Two (2) and a portion of Part Four (4) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7113 and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and "RF1" - Residential Future Zone 1 and designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-L and 5-M of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Northwest Quarter of Section 40, more particularly described as a portion of Part Four (4) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-7113 and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "OS" - Open Space Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 24 to 29, portion of Lots 22, 23 and 30 to 34, and the abutting lane allowance, Block 44, Registered Plan M-25 and a portion of the abutting street allowances, Cain Avenue (closed) and Castlegreen Drive, all as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A, the "RF1" - Residential Future Zone 1 and the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.115, 14.1 and 14.2.14 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 24 to 29, portion of Lots 22, 23 and 30 to 34, and the abutting lane allowance, Block 44, Registered Plan M-25 and a portion of Cain Avenue (closed), all a shown as "PROPERTY LOCATION 1" on EXHIBIT TWO to and forming part of this paragraph,



a) DEFINITION:

LOT

For the purpose of this paragraph, the lands shown as "PROPERTY LOCATION 1" on EXHIBIT TWO to and forming part of this paragraph shall be deemed to be a lot.

b) PERMITTED USES

In addition to the uses listed in Section 14.1, an apartment dwelling containing not more than four units, one unit of which may be occupied by a residential care unit type I or a residential care unit type II shall also be permitted.

c) Separation Distance for a Residential Care Unit Type I or a Residential Care Unit Type II

The minimum separation distance between a residential care unit type I and/or a residential care unit type II and any other residential care unit type I or type II shall be 240 metres. In the case of a residential care unit type I or type II which is situated in a building with two or more dwelling units in addition to the residential care unit type I or type II, the separation distance shall be measured from the closest wall of the building occupied by the residential care unit type I or type II. In the case of any other residential care unit type I or type II, the separation distance shall be measured from the boundary of the lot occupied by the residential care unit type I or type II.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Cain Avenue (closed) and a portion of the abutting street allowance, Castlegreen Drive, all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Cain Avenue (closed) shown as "PROPERTY LOCATION 2" on EXHIBIT TWO to and forming part of this paragraph,


(a) PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, an office, including but not limited to an office of Handicap Action; a general repair area specifically associated with an office of Handicap Action, for minor service of vehicles; and a day nursery shall also be permitted.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots 30 to 34, Block 44, Registered Plan M-25 and a portion of Cain Avenue (closed) all as shown as "PROPERTY LOCATION 2" and "PROPERTY LOCATION 3" on EXHIBIT TWO to and forming part of this paragraph,


(a) DEFINITION

LOT

For the purpose of this paragraph the lands shown as "PROPERTY LOCATION 2" and "PROPERTY LOCATION 3" shall be deemed to be a lot."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Sixteen (16), Registered Plan W-796 and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "LIP" - Light Industrial Park Zone and designated as part of the "HC" - Highway Commercial Zone."


"266 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Eighty-two (82) and Eighty-three (83), Registered Plan Number 547 and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"267 (1) NOTWITHSTANDING the provisions of Sections 4.47, 5.13.9b), 5.14.1a), 13.1, 13.2.4, 13.2.7(b)ii) and 13.2.8 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Four (4), Block B, Registered Plan Number 579,



a) DEFINITION

CRISIS RESIDENCE

Means a residence that is licensed or funded under an Act of the Parliament of Canada or the Province of Ontario for the provision of short term accommodation and support services for up to one month in duration for over three persons, who are not residents of the City of Thunder Bay, accessing health care services in the City, with such persons living in a single housekeeping unit.

b) OFF-STREET PARKING REQUIREMENTS

The provisions of Section 5.13.9b) shall continue to apply except in the case of a crisis residence in which case the following parking regulations shall apply:


Crisis Residence One (1) space for every person, exclusive of staff, that can be accommodated in the residence at any one time.

c) PERMITTED YARD ENCROACHMENTS

Architectural Features:

Required Yard

The provisions of Section 5.14.1a) shall continue to apply except in the case of the building existing on the 14th day of November, A.D., 1989, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening and restoration to a safe condition of all or part of the said building, providing such repair or restoration does not increase the height, size or volume of the said building.

d) PERMITTED USES

In addition to the uses listed in Section 13.1, a crisis residence, as defined in this paragraph, shall also be permitted.

e) Minimum Front Yard, Minimum Interior Side Yard and Maximum Height

The provisions of Sections 13.2.4, 13.2.7(b)ii) and 13.2.8 shall continue to apply except in the case of the building existing on the 14th day of November, A.D. 1989, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening and restoration to a safe condition of all or part of the said building, providing such repair or restoration does not increase the height, size or volume of the said building.

(2) In the case of the lands and premises described in subparagraph (1) of this Paragraph, in addition to all other provisions of the By-law, the following shall also apply:

(a) Minimum Lot Area

The minimum lot area required for a crisis residence shall be 450 square metres.

(b) Minimum Lot Frontage

The minimum lot frontage required for a crisis residence shall be 15 square metres.


(c) Minimum Separation Distance

No crisis residence shall be located closer than 120 metres from the boundary of a lot occupied by a Residential Care Unit Type I or Type II. For the purpose of the separation distance requirements in the By-law for a Residential Care Unit Type I or Type II established after the 14th day of November, A.D., 1989, a crisis residence, as defined in this paragraph, shall be deemed to be a Residential Care Unit Type II.

(d) Buffering

In the case of a crisis residence, a privacy fence having a minimum height of 1.8 metres shall be provided and maintained along each interior side lot line from the rear wall of the main building to the rear lot line."


"268 Repealed by By-law 114-2004 Effective Date: May 17, 2004

The remainder of Page B-155 to B-157 have been deleted in their entirety by By-law 114-2004

B - 155 August 2004

Pages B-155 to B-157 have been deleted in their entirety by By-law 114-2004

B - 156 August 2004



B - 157 August 2004

B - 158 August 2004


B - 159 August 2004


B - 160 August 2004

B - 161 August 2004



"269" Repealed by By-law Number 252-2002 Effective Date: October 15, 2002

BY-LAW 8-1990 Effective Date: January 15, 1990 OMB ORDER R 900398 - June 26, 1991

"270 (1) NOTWITHSTANDING the provisions of Sections 5.1, 13.1, 13.2.1 and 13.2.2 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Seventy-nine (79), Registered Plan 195,


a) ACCESS REGULATIONS

No driveway access to a commercial or private parking area shall be located closer than 6.0 metres from the intersection of two streets measured from a point where the two street lines intersect.

B - 162 August 2004

b) PERMITTED USES

In addition to the uses listed in Section 13.1, an office shall also be permitted.

c) Minimum Lot Area

The provisions of Section 13.2.1 shall continue to apply, and in the case of an office, the minimum lot area shall be 450 square metres.

d) Minimum Lot Frontage

The provisions of Section 13.2.2 shall continue to apply, and in the case of an office, the minimum lot frontage shall be 15 metres."


"271 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, in the case of that portion of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the following:

FIRSTLY:

Part of Lot A-4 according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 121, designated as Part 9 on Description Reference Plan 55R-2156.

SECONDLY:

Part of Lot A-4 according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 121, designated as Part 10 on Description Reference Plan 55R-2156,

SAVING AND EXCEPTING Part 1 on Description Reference Plan 55R-6049.

THIRDLY:



FOURTHLY:

Part of Lot 1, according to Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay East as Number 109, more particularly described as follows:

COMMENCING at a point in the Southwesterly limit of the said Lot, distant 535.05 feet measured Southeasterly thereon from the Southwest angle of the said Lot;

THENCE Northeasterly and perpendicular to the Southwesterly limit of the said Lot 120 feet;

THENCE Southeasterly and parallel to the Southwesterly limit of the said Lot, 63.45 feet more or less to the East limit of the said Lot;

THENCE Southerly along the said limit of the said Lot, 130.9 feet, more or less to the Southwesterly limit of the said Lot;

B - 163 August 2004

THENCE Northwesterly along the said limit of the said Lot, 115.71 feet, more or less, to the point of commencement.

FIFTHLY:


all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby deleted and removed from the "R2-F" - Residential One and Two Unit Zone and designated as part of the "RM1-F" - Residential Multiple Low Density Zone.



FIRSTLY:


SECONDLY:

Part of Lot A-4 according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 121, designated as Part 10 on Description Reference Plan 55R-2156,


THIRDLY:



FOURTHLY:

Part of Lot 1, according to Plan of Subdivision registered in the Registry Office for the Registry Division of Thunder Bay East as Number 109, more particularly described as follows:

COMMENCING at a point in the Southwesterly limit of the said Lot, distant 535.05 feet measured Southeasterly thereon from the Southwest angle of the said Lot;

THENCE Northeasterly and perpendicular to the Southwesterly limit of the said Lot 120 feet;

THENCE Southeasterly and parallel to the Southwesterly limit of the said Lot, 63.45 feet more or less to the East limit of the said Lot;

THENCE Southerly along the said limit of the said Lot, 130.9 feet, more or less to the Southwesterly limit of the said Lot;

THENCE Northwesterly along the said limit of the said Lot, 115.71 feet, more or less, to the point of commencement,


B - 164 August 2004



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Part of Lot 8, Registered Plan 131, and portions of the abutting street and lane allowances being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "CIN" - Community Institutional Zone."

BY-LAW 13-1990 Effective Date: January 15, 1990 O.M.B. Order


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty (20) and Twenty-one (21), Registered Plan Number 761 and a portion of the abutting street allowances,

all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 15.2.10a) as it applies to an apartment dwelling, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty (20) and Twenty-one (21), Registered Plan Number 761,


a) Maximum Height:

Apartment Dwelling:

15.0 metres

(3) NOTWITHSTANDING any provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty (20) and Twenty-one (21), Registered Plan Number 761,

the following provisions shall also apply:

a) Buffering:

A privacy fence or buffer strip with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line and the interior side lot line from the rear lot line to a point 6.0 metres from the front lot line.

B - 165 August 2004

b) Maximum Number of Dwelling Units:

The total number of dwelling units shall not exceed thirty-six (36)."

BY-LAW 14-1990 Effective Date: January 15, 1990 OMB ORDER R 900330 - January 21, 1991

"274 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-O and 5-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Two Hundred and Seventy (270) and Two Hundred and Seventy-one (271), Registered Plan M-30, and a portion of the abutting street and lane allowances,



(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises, being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Two Hundred and Seventy (270) and Two Hundred and Seventy-one (271), Registered Plan M-30,


a) No part of any driveway or private parking area shall be located in the front yard of a main building.

b) A minimum separation distance of 1.25 metres shall be maintained between a driveway or private parking area and a main building located on the same lot therewith.

c) Notwithstanding Section 5.14.5b) of this By-law, a balcony may project into the required separation distance between a driveway or private parking area and a main building.

d) A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line and along the interior side lot line from the rear lot line to a point 6.0 metres from the front lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of a portion of Mining Location R-1, North of Dawson Road, being more particularly described as Part One (1) of Description Reference Plan 55R-6790, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "SI" - Suburban Industrial Zone.

B- 166 December 2001

(2) NOTWITHSTANDING the provisions of Sections 4.193, 31.1, 31.2.1, 31.2.2 and 31.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of a portion of Mining Location R-1, North of Dawson Road, being more particularly described as Part One (1) of Description Reference Plan 55R-6790,


(a) DEFINITION:

(i) RETAIL WAREHOUSE

Means the use of land or building or structure or part thereof for the housing, storage, adapting for sale or display, packaging or wholesale distribution of goods, wares, merchandise, foodstuffs, substances, articles, and the like but does not include fuel storage tanks but which may include an accessory retail store not exceeding 10 percent of the gross floor area or 185.0 square metres whichever is the lesser.

(b) PERMITTED USES

- automotive gas bar - automotive sales establishment - automotive service station - body repair shop - building supply outlet - bulk fuel distribution stations - bus depot - car rental agency - car wash - dwelling unit for an essential workman or caretaker required to live on site

for a use permitted in this Section - equipment rental establishment - industrial centre containing two or more uses permitted in this Section

- light industrial uses including an accessory retail use provided such retail use is located in the same building as the main use and provided that the gross floor area of the retail use does not exceed 10 percent (10%) of the gross floor area of the industrial use or 185.0 square metres, whichever is the lesser

- office accessory to a permitted use in this Section - open storage - radio or television transmitting station - service shop - truck depot - warehouse - welding shop - buildings, structures or uses accessory to a permitted use in this Section

c) In addition to the uses permitted in subparagraph (a) above, a retail warehouse shall also be permitted.

(d) Minimum Lot Area

8000 square metres


(e) Minimum Lot Frontage

60 metres

(f) Minimum Interior Side Yard

Notwithstanding the provisions of Section 31.2.5 the westerly side yard of the existing detached garage shall be 1.64 metres."


"276 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, in the case of the premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number One (1), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) In the case of the lands and premises being more particularly described as follows, namely;

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number One (1) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



Notwithstanding any provision of this By-law to the contrary, no building or structure shall be located within the area designated "Restricted Building Area" on EXHIBIT ONE to and forming part of this paragraph, and no building or structure shall be located within 6.0 metres of the said Restricted Building Area, provided however, that where the said Restricted Building Area is abutting the side lot line of a lot, no building or structure shall be located within 3.0 metres of the said Restricted Building Area."


"277 NOTWITHSTANDING the provisions of Sections 5.2.2 and 5.2.3a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and Province of Ontario and being composed of part of Lot Twenty-eight (28), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 630 and which said part is designated as Part Two (2) on a Reference Plan deposited in the said Registry Office as Number 55R-4272,



1. ACCESSORY USES

a) Lot Coverage:

The total lot coverage of all buildings or structures accessory to a dwelling shall not exceed fifteen percent (15%) of the lot area of the lot, nor shall it exceed forty-five percent (45%) of the area of the required rear yard of the lot, and in no case shall buildings accessory to a dwelling total a gross floor area greater than 110.0 square metres.

b) Height:

Subject to Section 5.6, no building or structure accessory to a dwelling shall exceed 6.0 metres in height."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Northeast Quarter of Section Fifty-four (NE 1/4 Section 54) designated as Parts 1 and 2 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder bay as Description Reference Plan 55R-7344; and portions of the abutting H.E.P.C. right-of-way and the abutting street allowances,


are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "SI" - Suburban Industrial Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of a portion of the Northeast Quarter of Section Fifty-four (NE 1/4 Section 54) designated as Parts 1 and 2 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder bay as Description Reference Plan 55R-7344,


(a) DEFINITION:

(i) RETAIL WAREHOUSE

Means the use of land or building or structure or part thereof for the housing, storage, adapting for sale or display, packaging or wholesale distribution of goods, wares, merchandise, food stuff, substances, articles, and the like but does not include fuel storage tanks but which may include an accessory retail store not exceeding 10 percent of the gross floor area or 185.0 square metres whichever is the lesser.

(b) PERMITTED USES

In addition to the uses permitted in Section 31.1 of this By-law, a retail warehouse shall also be permitted."



"279

NOTWITHSTANDING the provisions of Sections 5.13.3b), 5.13.9b) and 33.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Twenty-three (23), Registered Plan 55M-446,


a) DEFINITIONS

In addition to the definitions listed in Section 4 of this By-law, the following definition shall also apply:

ANIMAL SHELTER

Means a building or structure or part thereof wherein animals of any kind are kept, treated or provided with medical care and which may include the boarding of such animals and/or facilities for the placement and/or adoption of such animals.


i) Calculation of Spaces:

Where a building or structure or lot accommodates more than one use, the total parking space requirement for such building, structure or lot shall be the sum of the requirements for each separate use.

ii) Parking Spaces Required:

In addition to the regulations of Section 5.13.9b) of this By-law, the following shall also apply:


Animal Shelter one space for every 23.0 square metres of gross floor area

c) PERMITTED USES:

In addition to the uses permitted in Section 33.1 of this By-law, the following use shall also be permitted:

- animal shelter "


"280 (1) Paragraph 155 of Schedule "B" of the said By-law is hereby repealed.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-S of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and Province of Ontario, and being composed of Lots One Hundred and One (101), One Hundred and Two (102) and One Hundred and Three (103), Registered Plan Number 239 and portions of the abutting street and lane allowances,



are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(3) NOTWITHSTANDING any provisions of this By-law to the contrary, in the case of the building existing on the 12th day of March, A.D., 1990, and situated on the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and Province of Ontario, and being composed of Lots One Hundred and One (101), One Hundred and Two (102) and One Hundred and Three (103), Registered Plan Number 239,


a) the said building existing on the 12th day of March, A.D., 1990, shall be permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening and restoration to a safe condition of all or part of the said building, providing such repair or restoration does not increase the height, size or volume of the said building;

b) the said building may contain a maximum of fifteen dwelling units, a tavern and a restaurant, subject to the following conditions:

(i) one off-street loading space shall be required in accordance with the provisions of Section 5.12 of this By-law;

(ii) the minimum number of off-street parking spaces shall be the sum of the requirements for each separate use and may be provided on a lot within 40 metres of the closest boundary of the said lot and shall be in accordance with the provisions of Section 5.13 of this By-law.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and Province of Ontario and being composed of a portion of Lot Six (6), Registered Plan Number 805, more particularly described as follows:

COMMENCING at the North-west corner of the said Lot Six (6) being the intersection of Adelaide Street and Grenville Street in the City of Port Arthur;

THENCE South-east along the Westerly limit of the said Lot a distance of Two Hundred and Nine (209') feet;

THENCE East and parallel with the North limit of the said Lot a distance of Two Hundred and Nine (209') feet;

THENCE North-west and parallel to the Westerly limit of the said Lot a distance of Two Hundred and Nine (209') feet to the North limit of the said Lot;

THENCE West along the North limit of the said Lot to the place of beginning,

the following shall apply,

a) PERMITTED USE:

In addition to the use listed in Section 17.1 of this By-law, a commercial parking lot accessory to the main use located on the lands described in Subparagraph three (3) of this Paragraph, shall also be permitted."


BY-LAW 60-1990 Effective Date: March 12, 1990 OMB ORDER R 910076 - March 9, 1992

"281 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, in the case of the premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number Six (6), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R2" - Residential One and Two Unit Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number Six (6) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,






ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Seventeen (17), Plan 55M-504,



No driveway to a private parking area shall be located closer than 2.0 metres from the intersection of two streets measured from a point where the two street lines intersect."


"283 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-G of this By-law, in the case of that portion of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North 1/2 of Mining Location 26, White's Survey, being designated as Parts One (1) and Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4033, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and "RU" - Rural Area Zone and designated as part of the

"RU-F" - Rural Area Zone.

(2) NOTWITHSTANDING the provisions of Section 5.5 of this

By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North 1/2 of Mining Location 26, White's Survey, being designated as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-4033,



"284 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-E of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly the Township of McIntyre, in the District of Thunder Bay, and Province of Ontario and being composed of a portion of Lot Seven (7) as shown on a Plan filed in the Land Registry Office for the Registry Division of Thunder Bay, at the City of Thunder Bay, Ontario as Plan No. 630, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RU" - Rural Area Zone."


"285 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-K, 6-L, 7-K and 7-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Northeast Quarter of Section 54, a portion of the H.E.P.C. Right-of-way, and portions of Central Avenue, the Lakehead Expressway and the Harbour Expressway, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FI" - Future Industrial Zone and designated as part of the "LIP" - Light Industrial

(2) NOTWITHSTANDING the provisions of Sections 5.13.9b) and 33.1 of this By-law, in the case of the lands described in subparagraph one of this paragraph, the following shall apply:


a) DEFINITION

MUNICIPAL SERVICE AND MAINTENANCE FACILITY

Means the use of land, or building, or structure, by the Corporation, for any purpose in connection with civic works, and which may include facilities for the storage, maintenance, and repair of vehicles, machinery or equipment.


The provisions of Section 5.13.9b) shall continue to apply and in addition the following shall also apply:

USE Minimum Number of Parking Spaces Required

municipal service and maintenance facility

one space for every 37.0 square metres of gross floor area

c) PERMITTED USES

In addition to the uses listed in Section 33.1 of this By-law, a Municipal Service and Maintenance Facility shall also be permitted."

BY-LAW 80-1990 as amended by By-law 082-2007

Effective Date: April 9, 1990 Effective Date: August 27, 2007


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots One (1), Two (2) and Three (3), North side Van Norman Street, Registered Plan 1575, more particularly described as follows:

FIRSTLY:

THAT portion of Lot One (1), subdivision of Park Lot 5 on the North side of Van Norman Street, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay (formerly Port Arthur) as Number 1575 and which part may be more particularly described as follows:

COMMENCING at the South-westerly angle of the said Lot;

THENCE Easterly along the Southerly limit of the said Lot ten (10') feet to a point and which is the point of commencement for this description;

THENCE continuing Easterly along the Southerly limit of the said Lot, ninety (90') feet more or less to the South-easterly angle of the said Lot;

THENCE Northerly along the Easterly limit of the said Lot and which is also the West limit of Algoma Street, thirty-three (33') feet to the North-easterly angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, ninety (90') feet more or less to a point distant ten (10') feet measured Easterly thereon from the Northwesterly angle of the said Lot;

THENCE Southerly and parallel to the Westerly limit of the said Lot, thirty-three (33') feet to the point of commencement, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 7078 B.


SECONDLY:

The whole of Lot Number Three (3) and part of Lot Number Two (2) on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as number 1575, and which part of said Lot Number Two (2) may be more particularly described as follows:

COMMENCING at the North-east angle of said Lot Number Two (2);

THENCE Southerly along the East limit of the said Lot, being the West limit of Algoma Street, a distance of seven (7') feet to a point;

THENCE Westerly parallel to the Northerly limit of the said Lot one hundred (100') feet, more or less, to a point in the Westerly limit of the said Lot distant seven (7') feet measured Southerly thereon from the North-west angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot seven (7') feet to the North-west angle of the said Lot;

THENCE Easterly along the Northerly limit of the said Lot one hundred (100') feet, more or less to the place of beginning, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 6142-B;

SAVING AND EXCEPTING THOSE PORTIONS OF LOTS TWO (2) AND THREE (3), more particularly described as follows:

FIRSTLY:

THAT part of Lot Two (2) described as follows:


THENCE Northerly along the Westerly limit of the said Lot thirty-four (34') feet to the North-westerly angle of the said Lot;

THENCE Easterly along the Northerly limit of the said Lot ten (10') feet to a point;

THENCE Southerly and parallel to the Westerly limit of the said Lot thirty-four (34') feet to a point on the South limit of the said Lot distant ten (10') feet measured Easterly thereon from the South-westerly angle of the said Lot;

THENCE Westerly along the Southerly boundary of the said Lot ten (10') feet to the place of beginning.

SECONDLY:

THAT part of Lot Three (3) described as follows:


THENCE Northerly along the Westerly limit of the said Lot thirty-three (33') feet to the North-westerly angle of the said Lot;


THENCE Southerly and parallel to the Westerly limit of the said Lot thirty-three (33') feet to a point on the Southerly limit of the said Lot distant (10') feet measured Easterly thereon from the South-westerly angle of the said Lot;

THENCE Westerly along the Southerly boundary of the said Lot ten (10') feet to the place of beginning, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 6215-B.


THIRDLY:

The Southerly twenty-seven (27') feet from front to rear of Lot Two (2), Park Lot 5, North Van Norman, as shown on Plan 1575, City of Thunder Bay, in the District of Thunder Bay, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 5181-B.

FOURTHLY:

A portion of the abutting street and lane allowances;


are hereby removed from the "NC1" - Neighbourhood Commercial Zone 1 and designated as part of the "GC1" - General Commercial Zone 1.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots One (1), Two (2) and Three (3), North side Van Norman Street, Registered Plan 1575, more particularly described as follows:

FIRSTLY:

THAT portion of Lot One (1), subdivision of Park Lot 5 on the North side of Van Norman Street, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay (formerly Port Arthur) as Number 1575 and which part may be more particularly described as follows:


THENCE Easterly along the Southerly limit of the said Lot ten (10') feet to a point and which is the point of commencement for this description;

THENCE continuing Easterly along the Southerly limit of the said Lot, ninety (90') feet more or less to the South-easterly angle of the said Lot;

THENCE Northerly along the Easterly limit of the said Lot and which is also the West limit of Algoma Street, thirty-three (33') feet to the North-easterly angle of the said Lot;

THENCE Westerly along the Northerly limit of the said Lot, ninety (90') feet more or less to a point distant ten (10') feet measured Easterly thereon from the North-westerly angle of the said Lot;

THENCE Southerly and parallel to the Westerly limit of the said Lot, thirty-three (33') feet to the point of commencement, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 7078 B.

SECONDLY:

The whole of Lot Number Three (3) and part of Lot Number Two (2) on a Plan registered in the Registry Office for the Registry Division of Thunder Bay as number 1575, and which part of said Lot Number Two (2) may be more particularly described as follows:

COMMENCING at the North-east angle of said Lot Number Two (2);

THENCE Southerly along the East limit of the said Lot, being the West limit of Algoma Street, a distance of seven (7') feet to a point;


THENCE Westerly parallel to the Northerly limit of the said Lot one hundred (100') feet, more or less, to a point in the Westerly limit of the said Lot distant seven (7') feet measured Southerly thereon from the North-west angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot seven (7') feet to the North-west angle of the said Lot;

THENCE Easterly along the Northerly limit of the said Lot one hundred (100') feet, more or less to the place of beginning, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 6142-B;

SAVING AND EXCEPTING THOSE PORTIONS OF LOTS TWO (2) AND THREE (3), more particularly described as follows:

FIRSTLY:

THAT part of Lot Two (2) described as follows:


THENCE Northerly along the Westerly limit of the said Lot thirty-four (34') feet to the North-westerly angle of the said Lot;


THENCE Southerly and parallel to the Westerly limit of the said Lot thirty-four (34') feet to a point on the South limit of the said Lot distant ten (10') feet measured Easterly thereon from the South-westerly angle of the said Lot;

THENCE Westerly along the Southerly boundary of the said Lot ten (10') feet to the place of beginning.

SECONDLY:

THAT part of Lot Three (3) described as follows:


THENCE Northerly along the Westerly limit of the said Lot thirty-three (33') feet to the North-westerly angle of the said Lot;


THENCE Southerly and parallel to the Westerly limit of the said Lot thirty-three (33') feet to a point on the Southerly limit of the said Lot distant (10') feet measured Easterly thereon from the South-westerly angle of the said Lot;

THENCE Westerly along the Southerly boundary of the said Lot ten (10') feet to the place of beginning, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 6215-B.

THIRDLY:

THE Southerly twenty-seven (27') feet from front to rear of Lot Two (2), Park Lot 5, North Van Norman, as shown on Plan 1575, City of Thunder Bay, in the District of Thunder Bay, AS DESCRIBED IN REGISTERED INSTRUMENT NUMBER 5181-B,



a) VARIETY STORE

Means a retail business with a maximum gross floor area of 275.0 square metres selling food and associated small household items and which may include the sale of prepared foods for consumption on and/or off the premises, provided the gross floor area devoted to such prepared foods does not exceed 10.0 square metres."

Added by B/L 082-2007

b) PERMITTED USES The provisions of Section 24.1 continue to apply, except in the case of the building existing on the 27th day of August, 2007, in which case an apartment dwelling containing a maximum of five dwelling units is also a permitted use.


"287 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-E, 11-F, 12-E and 12-F of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay and being composed of part of Block Sixty-one (61), Registered Plan 55M-520, being more particularly described as Part One (1), Reference Plan 55R-8190 and portions of the abutting street allowances,


are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "HC" - Highway Commercial Zone."

BY-LAW 84-1990 Effective Date: April 23, 1990 OMB ORDER R 900588 - January 9, 1991

"288 In the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of part of the South East Subdivision of Section 52, more particularly described as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-8228,

in addition to the permitted uses listed in Section 34.1 of this By-law "commercial parking lot" is a permitted use."


"289 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-R of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of a portion of Mining Location 11, Savigny's Survey, including Parts 1 to 12 both inclusive, on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-6580 and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "R1" - Residential One Unit Zone."

B- 178 April/August 2007


"290 NOTWITHSTANDING the provisions of Sections 5.2.4c), 5.2.4e), 5.14.1a) and 13.2.6(b)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot One Hundred and Fifty-two (152), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-866,


a) ACCESSORY USES

Location:

The provisions of Sections 5.2.4c) and 5.2.4e) shall continue to apply except in the case of the accessory building existing on the 14th day of May, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such repair or restoration does not increase the height, size or volume of the said building.

b) PERMITTED YARD ENCROACHMENTS


Required Yard

The provisions of Section 5.14.1a) shall continue to apply except in the case of the accessory building existing on the 14th day of May, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such repair or restoration does not increase the height, size or volume of the said building.

c) Minimum Side Yards for a Semi-detached Dwelling

Minimum Interior Side Yard

The provisions of Section 13.2.6(b)(ii) shall continue to apply except in the case of the main building existing on the 14th day of May, A.D., 1990, which shall be permitted to remain in its present location:

i) Rebuilding or Repair:

Nothing in this By-law shall prevent the rebuilding or repair of the said building, if such building is destroyed by accidental fire or natural disaster provided that the building is built to its prior gross floor area or to a gross floor area which would not further contravene any of the regulations of this By-law, at its prior location on the lot or at a location on the lot that would not further contravene any of the regulations of this By-law.

ii) Extensions Permitted:

Nothing in this By-law shall prevent an extension or addition or strengthening to a safe condition of the said building provided such extension, addition or strengthening does not further contravene any of the regulations of this By-law."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots One Hundred and Thirty-eight (138) and One Hundred and Thirty-nine (139), Registered Plan Number 782, and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from "R1" - Residential One Unit Zone and designated as part of the "R2" - Residential One and Two Unit Zone."


"292 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 10-E, 10-F, 11-E and 11-F of this By-law, the lands and premises being more particu-larly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of part of Lot Twenty-one (21), Concession I, S.K.R., and part of Lot Twenty-one (21) Concession II, S.K.R., and a portion of the abutting street allowance shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "MIN" - Major Institutional Zone and designated as part of the "RE" - Residential Estate Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of part of Lot Twenty-one (21), Concession I, S.K.R., and part of Lot Twenty-one (21) Concession II, S.K.R., shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,


(a) DEFINITIONS:

(i) LOT OF RECORD

The lands described in this subparagraph shall be deemed to be a lot of record."


"293 (1) NOTWITHSTANDING the provisions of Section 4.126 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Three (3) and Four (4), Registered Plan 827,


a) DEFINITIONS

i) LOT LINE, REAR

Means the lot line abutting Court Street.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Three (3) and Four (4), Registered Plan 827, and a portion of Court Street, more particularly described as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-3173,


a) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, an office shall also be a permitted use."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southeast Quarter of Section 50 and portions of Registered Plan 525, being more particularly described as Lot Seven (7), Block Eight (8) and a portion of the abutting street allowances, according to a plan to be registered and a portion of the Balmoral Street road allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "MIN" - Major Institutional Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southeast Quarter of Section 50 and portions of Registered Plan 525, being more particularly described as Lot Seven (7), according to a plan to be registered, as shown on EXHIBIT ONE to and forming part of this paragraph,


a) Lot

Shall mean the lands described in this subparagraph (2) notwithstanding that the lands are in more than one ownership."


"295 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-R of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay in the District of Thunder Bay and being composed of


Lots Twelve (12) to Sixteen (16) both inclusive, Block Sixty-two (62), Registered Plan Number 121 and portions of the abutting streets and lane allowances, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "LI" - Light Industrial Zone and designated as part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 27.2.5 and 27.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay in the District of Thunder Bay and being composed of Lots Twelve (12) to Sixteen (16) both inclusive, Block Sixty-two (62), Registered Plan Number 121 and portions of the abutting streets and lane allowances, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) Minimum Interior Side Yard and Minimum Rear Yard

The provisions of Sections 27.2.5 and 27.2.6 shall continue to apply except in the case of the building existing on 11th day of June, A.D., 1990, which shall be permitted to remain in its present position.

(3) NOTWITHSTANDING the provisions of Sections 5.12.4(b), 5.13(d), 27.1, 27.2.3, 27.2.4 and 27.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay in the District of Thunder Bay and being composed of:

(i) Lots Ten (10) and Eleven (11), and the Northeasterly 7.9 metres of Lot Nine (9), Block Sixty-two (62), Registered Plan Number 121; and

(ii) All that portion of the lane in Block Sixty-two (62), according to the said Plan Number 121, being Twenty (20) feet in perpendicular width and adjoining the Northwest limit of Lot Twelve (12) in the said Block, and lying between the production Northwesterly of the Southwesterly limit of Lot Twelve (12) and the production Northwesterly of the Northeasterly limit of the said Lot Twelve (12),


a) OFF-STREET LOADING REQUIREMENTS

The provisions of Section 5.12.4(b) shall continue to apply except in the case of a funeral home, a loading space shall not be required.


The provisions of Section 5.13(d) shall continue to apply except in the case of a funeral home, aisles leading to the stacked parking spaces, including those in the enclosed garage shall not be required, and the aisle width for the parking spaces on the southerly side yard shall be 3.5 metres.

c) PERMITTED USES

In addition to the uses listed in Section 27.1, a funeral home shall also be permitted.


d) Minimum Front Yard, Minimum Exterior Side Yard and Minimum Rear Yard

The provisions of Sections 27.2.3, 27.2.4 and 27.2.6 shall continue to apply except in the case of a funeral home where the following shall apply:

i) Minimum Front Yard

The minimum front yard required for a funeral home shall be 9.0 metres.

ii) Minimum Exterior Side Yard

The minimum exterior side yard required for a funeral home shall be 9.0 metres.

iii) Minimum Rear Yard

The minimum rear yard required for a funeral home shall be 6.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of part of the Southeast Quarter (SE¼) of Section 50 and abutting street allowance or portions thereof shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of part of the Southeast Quarter (SE¼) of Section 50 and various lots, streets and lanes in Registered Plan 525, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Port Arthur, in the District of Thunder Bay and being composed of part of the Southwest Quarter (SW¼) of Section 51 shown as "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "OS" - Open Space Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of a portion of the Southwest Quarter of Section 49 in the said Township, containing 0.30 acres, more or less, more particularly described as follows:

PREMISING that the North limit of Lot 37 as shown on Plan of Subdivision registered in the Registry Office for the Registry Division of Port Arthur as Number 778 has a bearing of North 85 degrees, 47 minutes and 30 seconds East and relating all bearings herein thereto;

COMMENCING at the North West angle of Lot 37 which is also a point in the South limit of Section 49;

THENCE North 78 degrees, 37 minutes and 30 seconds East, 410.2 feet;

THENCE North 20 degrees, 34 minutes and ;30 seconds West, 65.58 feet;

THENCE South 69 degrees, 25 minutes and 30 seconds West, 404.92 feet, more or less, to the point of commencement,

are hereby removed from the "EI" - Extractive Industrial Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) The provisions of Paragraph 15 of Schedule "B" of this By-law shall not apply to the lands described in this paragraph."


"298 (1) NOTWITHSTANDING the provisions of Sections 33.1 and 33.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay and being composed of a portion of Lots Six (6) and Seven (7), Registered Plan 796, more particularly described as Part One (1) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-8082,


(a) PERMITTED USES:

In addition to the uses listed in Section 33.1 of this By-law, food store shall also be permitted.


The provisions of Section 33.2.6 of this By-law shall continue to apply, provided however, in the case of a food store, an enclosed corridor, connecting a food store to a warehouse situated on Lot Fourteen (14), Registered Plan 796; and that portion of Lot Eight (8), Registered Plan 796, designated as Part Two (2), Description Reference Plan 55R-1493, shall be permitted in the required rear yard.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay and being composed of Lot Fourteen (14), Registered Plan 796; and that portion of Lot Eight (8), Registered Plan 796, more particularly described as Part Two (2) as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-1493,


(a) Minimum Interior Side Yard:

The provisions of Section 33.2.5 of this By-law shall continue to apply, provided however, in the case of a warehouse, an enclosed corridor, connecting a warehouse to a food store situated on a portion of Lots Six (6) and Seven (7), Registered Plan 796, designated as Part One (1), Description Reference Plan 55R-8082, shall be permitted in the required northerly interior side yard.

(3) NOTWITHSTANDING any provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provisions shall also apply:

(a) MAXIMUM GROSS LEASABLE AREA OF A FOOD STORE:


(b) For the purpose of clause (a) of this subparagraph (3) "Gross Leasable Area" shall mean the total floor area of a building, measured from the exterior faces of the exterior walls, designed for the occupancy and exclusive use of the owner and/or tenant, including basements, mezzanines and upper floors but excluding the area of an enclosed corridor connecting a food store on the lands described in this subparagraph and a warehouse situated on Lot Fourteen (14), Registered Plan 796; and that portion of Lot Eight (8), Registered Plan 796, designated as Part Two (2), Description Reference Plan 55R-1493.

(4) NOTWITHSTANDING the provisions of Sections 5.13.3.b) and 5.13.9b) of this By-law, in the case of the lands and premises described in subparagraphs (1) and (2) of this paragraph, the following provisions shall apply:

(a) CALCULATION OF SPACES


(b) PARKING SPACES REQUIRED

The provisions of Section 5.13.9b) shall continue to apply, provided however, where an enclosed corridor connects a food store situated on the lands and premises described in subparagraph (1) of this paragraph to a warehouse situated on the lands and premises described in subparagraph (2) of this paragraph then the following parking regulations shall apply to the aforementioned uses:

USE MINIMUM NUMBER OF PARKING SPACES REQUIRED

Food Store One space for every 20.0 square metres of gross retail floor area excluding the gross floor area of the connecting corridor

Warehouse One space for every 372.0 square metres of gross floor area excluding the gross floor area of the connecting corridor."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) Concession I, N.K.R., designated as Part 43, Compiled Plan, and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "LI" - Light Industrial Zone.

(2) NOTWITHSTANDING the provisions of Sections 32.1, 32.2.8 and 32.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) Concession I, N.K.R., designated as Part 43, Compiled Plan,


(a) PERMITTED USES

- warehouse which may include an office accessory thereto - buildings, structures or uses accessory to the above mentioned use

(b) Separation Distance from a Dwelling Unit:

The provisions of Section 32.2.8 of this By-law shall not apply.

(c) Buffering:

A privacy fence with a minimum height of 1.8 metres shall be constructed along each lot line, that is not a street line, abutting a Residential Zone."


"300 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty-six (26), Twenty-seven (27) and Twenty-eight (28), Block 32, Registered Plan W-219, and a portion of the abutting street and lane allowances,


are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 4.52a of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty-six (26), Twenty-seven (27) and Twenty-eight (28), Block 32, Registered Plan W-219,



a) DEFINITION

i) DRIVEWAY

Means a vehicular access from a street to a commercial or private parking area.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty-six (26), Twenty-seven (27) and Twenty-eight (28), Block 32, Registered Plan W-219,


a) A minimum separation distance of 2.0 metres shall be maintained between a driveway or private parking area and a main building located on the same lot therewith.

b) A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line and along the interior side lot lines from the rear lot line to a point 6.0 metres from the front lot line."

BY-LAW 159-1990 Effective Date: June 25, 1990 OMB ORDER R 900635 - November 20, 1991

"301 NOTWITHSTANDING the provisions of Sections 4.212 and 4.212a of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

A. FIRSTLY:

Portions of Victoria Avenue and Syndicate Avenue, Plans W-123 and W-178, City of Thunder Bay, District of Thunder Bay, more particularly described as follows:

PREMISING the bearing of the South limit of Lots 9 to 16 inclusive in the said Registered Plan W-178 to be East astronomic as shown on the said Plan W-178 relating all bearings herein thereto.

FIRSTLY:

COMMENCING at a point where an iron bar has been planted at the South West angle of the said Lot 16, Plan W-178;

THENCE East astronomic and along the Southerly Limits of Lots 16, 15, 14, 13, 12, 11, 10 and 9, 62.457 metres to a point where an iron bar has been planted at the South East angle of the said Lot 9, Plan W-178;

THENCE South 0 degrees 05 minutes 0 seconds West 20.117 metres to the North East angle of Lot 60 on the West Side of Brodie Street according to Plan W-123;

THENCE North 89 degrees 57 minutes 50 seconds West and along the South Limit of the said Victoria Avenue 62.430 metres to the North West angle of Lot 60 on the East Side of Syndicate Avenue according to Plan W-123;

THENCE South 0 degrees 0 minutes 45 seconds East and along the East Limit of the said Syndicate Avenue 40.927 metres;

THENCE North 89 degrees 58 minutes 10 seconds West 4.968 metres;

THENCE South 0 degrees 1 minute 50 seconds West 3.650 metres;



THENCE south 0 degrees 01 minutes 50 seconds West 4.600 metres;


THENCE South 0 degrees 01 minutes 50 seconds West 10.400 metres;

THENCE North 89 degrees 58 minutes 10 seconds West 5.525 metres to a point in the West Limit of the said Syndicate Avenue;

THENCE North 0 degrees 0 minutes 10 seconds West and along the said West Limit of Syndicate Avenue 59.531 metres to the North East angle of Lot 60 on the West Side of Syndicate Avenue according to Plan W-123;

THENCE South 89 degrees 56 minutes 30 seconds West and along the South Limit of the said Victoria Avenue and the westerly production thereof 66.389 metres;

THENCE North 0 degrees 01 minutes 50 seconds East 5.673 metres;

THENCE South 89 degrees 58 minutes 10 seconds East 4.600 metres;

THENCE North 0 degrees 01 minutes 50 seconds East 14.425 metres to a point in the South Limit of Lot 24, Registered Plan W-178;

THENCE North 89 degrees 57 minutes 30 seconds East along the South limit of Lots 24, 23, 22, 21, 20, 19, 18 and 17, 61.809 metres to the South East angle of the said Lot 17, Plan W-178;

THENCE North 0 degrees 02 minutes 45 seconds West and along the West Limit of the said Syndicate Avenue 15.697 metres;

THENCE South 89 degrees 58 minutes 10 seconds East 24.257 metres to a point in the East Limit of the said Syndicate Avenue;

THENCE South 0 degrees 03 minutes 05 seconds East and along the said East Limit of Syndicate Avenue 15.646 metres to the PLACE OF COMMENCEMENT.

SECONDLY: The South 1.524 metres of Lots 9 to 16 inclusive, Registered Plan W-178.

THIRDLY: The South 4.267 metres in perpendicular width of Lots 17 to 23 inclusive, Registered Plan W-178.

FOURTHLY: THAT Portion of Lot 24, Plan W-178 described as follows:

COMMENCING at the South East angle of the said Lot 24;

THENCE North and along the East Limit of the said Lot 24, 4.267 metres;

THENCE South 89 degrees 57 minutes 30 seconds West 6.914 metres;

THENCE South 0 degrees 01 minutes 50 seconds West 4.267 metres to a point in the South Limit of said Lot 24;

THENCE North 89 degrees 57 minutes 30 seconds East 6.91 metres more or less to the PLACE OF COMMENCEMENT.

The above-described lands are more particularly shown outlined in yellow on Plan signed by Ontario Land Surveyor J.C. Kirkup, dated at Thunder Bay the 27th day of March, A.D., 1979.

B. SECONDLY:

FIRSTLY: Parts of Lots 58, 59 and 60, East Side of Archibald Street, Plan W-178, City of Thunder Bay, District of Thunder Bay, designated as Part 3, Reference Plan 55R-2837.


SECONDLY: Portion of the 14 foot wide lane to the rear of Lots 58, 59 and 60, East Side of Archibald Street, Plan W-178, City of Thunder Bay, District of Thunder Bay, designated as Part 4, Reference Plan 55R-2837.

THIRDLY: Part of Lot 57, East Side of Archibald Street, Plan W-178, City of Thunder Bay, District of Thunder Bay, designated as Part 4, Reference Plan 55R-3820.

FOURTHLY: Parts of Lot 56, East Side of Archibald Street, Plan W-178, City of Thunder Bay, District of Thunder Bay, designated as Parts 8 and 12, Reference Plan 55R-3820.

FIFTHLY: Those parts of the lane to the rear of Lots 56 and 57, East Side of Archibald Street, Plan W-178, City of Thunder Bay, District of Thunder Bay, designated as Parts 13 and 14, Reference Plan 55R-3820.

C. THIRDLY:

Part of Syndicate Avenue, Plan W-178, City of Thunder Bay, District of Thunder Bay, more particularly described as follows:

PREMISING the bearing of the South limit of Lots 9, 10, 11, 12, 13, 14, 15 and 16 as shown on said Plan W-178 to be East astronomic and relating all bearings herein thereto;

COMMENCING at a point which may be located as follows:

BEGINNING at the Southeast corner of Lot 17, Plan W-178;

THENCE North 0 degrees 02 minutes 45 seconds West along the West Limit of the said Syndicate Avenue 15.697 metres;

THENCE South 89 degrees 58 minutes 10 seconds East a distance of 4.000 metres to the point of commencement for this description;

THENCE South 89 degrees 58 minutes 10 seconds East a distance of 16.257 metres more or less to a point distant 4.000 metres measured North 89 degrees 58 minutes 10 seconds West from the East limit of the said Syndicate Avenue;

THENCE North 0 degrees 03 minutes 05 seconds West parallel to the said East Limit of Syndicate Avenue 7.500 metres;

THENCE North 89 degrees 58 minutes 10 seconds West a distance of 16.257 metres more or less to intersect a line drawn North 0 degrees 02 minutes 45 seconds West from the point of commencement;

THENCE South 0 degrees 02 minutes 45 seconds East a distance of 7.500 metres to the point of commencement,



So long as the lands and premises described in this paragraph are occupied by a pedestrian promenade established under the City of Thunder Bay Act, the said lands shall be deemed to be a street and a street allowance for the purposes of this By-law."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot 276, Lots 277 to 281, 327, 331, 334, 335 and 337, Registered Plan Number 379 and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "FD" - Future Development Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and more particularly described as Lots 1, 3, 4, 5, 18, 19, 20, 21, 22, 23 and 24 as shown on EXHIBIT ONE and EXHIBIT TWO to and forming part of this paragraph,


(a) PERMITTED USES

With the exception of automotive sales establishment the uses listed in Section 33.1 of this By-law shall be permitted, and in addition, office shall also be a permitted use.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provisions shall also apply:

a) That portion of each of the lots described in this subparagraph (2) which is shaded on EXHIBIT ONE and EXHIBIT TWO to and forming part of this paragraph shall be maintained as landscaped open space.

b) A sign, in accordance with the City of Thunder Bay Sign By-law, is permitted within the landscaped open space required by clause (a) of this subparagraph (2).

c) The landscaped open space required in clause (a) of this subparagraph (2) may be included as part of the landscaped open space required by Section 33.2.9 of this By-law.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and more particularly described as Lots 1, 19, 20 and 24 as shown on EXHIBIT ONE and EXHIBIT TWO to and forming part of this paragraph,


(a) MINIMUM HEIGHT:

2 storeys and 8.0 metres.

(b) MINIMUM GROUND FLOOR AREA:

600 square metres."

(See also Paragraph "345" - By-law 225-1991)




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Thirty-eight (38), Registered Plan Number 521, and a portion of the abutting street and lane allowances,


are hereby removed from the "NC1" - Neighbourhood Commercial Zone 1 and designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.14.1a), 12.1, 12.2.1c), 12.2.2c), 12.2.4, 12.2.5(a) and 12.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Thirty-eight (38), Registered Plan Number 521,


a) PERMITTED YARD ENCROACHMENTS


Required Yard

The provisions of Section 5.14.1a) of this By-law shall continue to apply except in the case of the building existing on the 23rd day of July, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building providing such repair or restoration does not increase the height, size or volume of the said building.

b) In addition to the uses listed in Section 12.1 of this By-law, in the case of the building existing on the 23rd day of July, A.D., 1990, a duplex dwelling shall also be permitted. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, providing such repair or restoration does not increase the height, size or volume of the said building.

c) Minimum Lot Area:

The provisions of Section 12.2.1c) of this By-law shall continue to apply except that in the case of the building existing on the 23rd day of July, A.D., 1990, the minimum lot area for a duplex dwelling shall be 368 square metres.

d) Minimum Lot Frontage:

The provisions of Section 12.2.2c) of this By-law shall continue to apply except that in the case of the building existing on the 23rd day of July, A.D., 1990, the minimum lot frontage for a duplex dwelling shall be 9.75 metres.


e) Minimum Front and Rear Yard, Minimum Exterior Side Yard, and Maximum Height:

The provisions of Sections 12.2.4, 12.2.5(a) and 12.2.6 of this By-law, shall continue to apply except in the case of the building existing on the 23rd day of July, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, providing that such repair or restoration does not increase the height, size or volume of the said building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of part of Mining Location 10, Savigny's Survey, designated as Part One (1) on Description Reference Plan of Survey, deposited in the Registry Office for the Registry Division of Thunder Bay as Number 55R-4275, and a portion of the abutting street allowance shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RE" - Residential Estate Zone."


"306 NOTWITHSTANDING the provisions of Sections 5.13.3b) and 32.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of the following lands:

FIRSTLY:

Lots One (1) and Two (2), Block Thirty-seven (37), Registered Plan Number 147.

SECONDLY:

Lot Twenty-three (23) and Lots Twenty-five (25) to Twenty-seven (27) all inclusive, Registered Plan 572.

THIRDLY:

A portion of Lot Twenty-four (24), Registered Plan 572, more particularly described as follows:

COMMENCING at a point in the Westerly limit of the said Lot, which is also the Easterly limit of Algoma Street, distant Forty-seven and Fifty-Two One-Hundredths (47.52) feet measured Southerly from the most Northerly angle of the said Lot, which said most Northerly angle is the intersection of the Easterly limit of Algoma Street and the South-Westerly limit of John Street;

THENCE Northeasterly in a straight line a distance of Forty-Four and Two One-Hundredths (44.02) feet more or less to a point in the North-Easterly limit of the said Lot, which is also the South-Westerly limit of John Street, distant Twenty and Forty-Four One-Hundredths (20.44) feet measured South-Easterly from the most Northerly angle of the said Lot as hereinbefore defined;

THENCE continuing South-Easterly along the said North-Easterly limit of the said Lot to the most Easterly angle of the said Lot;


THENCE South-Westerly Fifty-Six and Seventy-Six One-Hundredths (56.76) feet more or less to the South-East angle of the said Lot;

THENCE Westerly One Hundred and Seven and Fifty-Eight One-Hundredths (107.58) feet more or less to the South-West angle of the said Lot;

THENCE Northerly and along the Westerly limit of the said Lot to the point of commencement,


a) OFF-STREET PARKING REQUIREMENTS

Calculation of Spaces:


b) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, office shall also be permitted."


"307 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-L of this By-law, in the case of the premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number Forty-seven (47), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R2" - Residential One and Two Unit Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number Forty-seven (47) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 624 in addition to all other provisions of this By-law, the following provision shall apply:






ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of part of the Southeast Quarter Section 50 and part of the Southwest Quarter Section 51, designated as Part 1 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-8362,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and the "RF1" - Residential Future Zone 1 and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING any provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this this paragraph,

the following provision shall also apply:

(i) Maximum Number of Dwelling Units:

The total number of dwelling units shall not exceed fifty (50)."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of:

FIRSTLY:

Part of Lot 3077 and Part of Fort Street (Now known as Field Street by By-law No. 21-1974), Plan M-57, designated as Part 1 on Plan 55R-8370

SECONDLY:

Parts of Fort Street (Now known as Field Street by By-law No. 21-1974), Plan M-57, designated as Parts 2 and 3 on Plan 55R-8370

THIRDLY:

Lots 300 to 313 (inclusive), Lots 321 to 331 (inclusive), Part of Lots 298, 299, 314, 319, 320 and 332, Part of Shanly Street (Now known as Fort Street), and Part of Lane (Closed by By-law No. 4132), Plan 447, designated as Part 4 on Plan 55R-8370

FOURTHLY:



are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2" - General Commercial Zone 2.




FIRSTLY:

Part of Lot 3077 and Part of Fort Street (Now known as Field Street by By-law No. 21-1974), Plan M-57, designated as Part 1 on Plan 55R-8370

SECONDLY:

Parts of Fort Street (Now known as Field Street by By-law No. 21-1974), Plan M-57, designated as Parts 2 and 3 on Plan 55R-8370

THIRDLY:

Lots 300 to 313 (inclusive), Lots 321 to 331 (inclusive), Part of Lots 298, 299, 314, 319, 320 and 332, Part of Shanly Street (Now known as Fort Street), and Part of Lane (Closed by By-law No. 4132), Plan 447, designated as Part 4 on Plan 55R-8370,


(a) DEFINITIONS:

(i) GROSS LEASABLE AREA

Means the total area of all buildings measured from the exterior faces of the exterior walls, but excluding, in the case of a shopping centre, the total floor area of all common loading docks and areas, delivery passages, package pickup stations, all space in all common malls, stairways, first aid stations, comfort stations, utility rooms and service rooms and corridors, except where such areas are within or exclusively devoted to an individual establishment within a shopping centre, all measured from the interior faces of the interior walls, where applicable.

(3) NOTWITHSTANDING the provisions of Sections 4.124, 25.1 and 25.2.9 of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph, the following provisions shall apply:

(a) DEFINITIONS:

(i) LOT LINE, FRONT

Shall be the lot line abutting Fort William Road.

(b) PERMITTED USES

Food store is not a permitted use.

(c) MAXIMUM GROSS LEASABLE AREA:

2800 square metres.


a) No building or structure, including but not limited to any underground fuel storage tanks, shall be located closer to the northerly limit of the Harbour Expressway than the "CONSTRUCTION LIMIT LINE" shown on EXHIBIT TWO to and forming part of this paragraph."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of Lots 25 to 33 both inclusive, a portion of Lots 26 and 34 and a portion of lane, Block A, Registered Plan 122, more particularly described as Part 2 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-8085 and portions of the abutting street allowances,



(2) NOTWITHSTANDING the provisions of Section 5.6.2d)i) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of Lots 25 to 33 both inclusive, a portion of Lots 26 and 34 and a portion of lane, Block A, Registered Plan 122, more particularly described as Part 2 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-8085,


a) the maximum height allowed for any permitted use shall be 11.0 metres."


"311 NOTWITHSTANDING the provisions of Sections 5.14.1a) and 13.2.7(b)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots Thirty-five (35) and Thirty-six (36), Registered Plan Number 157, more particularly described as follows:

FIRSTLY:

The Northerly Seventeen (17) feet of even width throughout from front to rear of Lot Thirty-five (35), on the East side of Pine Street, according to a Plan registered in the Registry Office for the Registry Division of Thunder bay as Plan Number 157;

SECONDLY:

The South Half (S 1/2) of even width throughout from front to rear of Lot Thirty-six (36), on the East side of Pine Street, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 157,


a) The provisions of Sections 5.14.1a) and 13.2.7(b)(ii) of this By-law shall continue to apply except in the case of the accessory building existing on the 24th day of September, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening and or restoration to a safe condition of all or part of the said building, provided that such repair or restoration does not increase the height, size or volume of the said building."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of parts of Mining Location F, Scott's Survey, and Mining Location 1, Herrick's Survey, in the said City, containing a total area of 10 acres, more or less, more particularly described as follows:

FIRSTLY: PART OF MINING LOCATION F, SCOTT'S SURVEY

COMMENCING at a point distant 1353 feet measured Westerly at right angles to the East limit of the said Location F from a point in the East limit of the said Location distant 700.6 feet measured Northerly thereon from its intersection with the Northerly limit of Mining Location 1;

THENCE Westerly at right angles to the East limit of Mining Location F, 528 feet;

THENCE Southerly parallel to the East limit of the said Location F, 821.55 feet to the South limit of the said Location F;

THENCE Easterly along the South limit of the said Location F, 505.21 feet to the North Westerly limit of an expropriation by the Department of Highways as shown on plan filed in the Registry Office at Port Arthur as Number 10414;

THENCE North 44 degrees 43 minutes East along the said limit of the said expropriation, 19.83 feet;

THENCE North 89 degrees 34 minutes East along the said limit of the said expropriation, 9.5 feet, more or less, to intersect a line drawn Southerly parallel to the East limit of the said Location F from the Point of Commencement;

THENCE Northerly parallel to the East limit of the said Location F, 777.08 feet, more or less, to the POINT OF COMMENCEMENT;

SECONDLY: PART OF MINING LOCATION 1, HERRICK'S SURVEY

COMMENCING at a point in the North limit of the said Location where it is intersected by a line drawn parallel to the East limit of the said Location and distant therefrom 1881 feet measured Westerly from and at right angles to the east limit of Mining Location F;

THENCE Southerly along the said line, 1.29 feet, more or less, to the Northerly limit of the Oliver Road as shown on plan of expropriation by the Department of Highways filed in the Registry Office at Port Arthur as Number 10414;

THENCE north 89 degrees 34 minutes East along the said limit of the Oliver Road, 467.80 feet;

THENCE North 44 degrees 43 minutes East, 51.06 feet, more or less, to the Northerly limit of the said Location 1;

THENCE Westerly along the said limit of the said Location 1, 505.21 feet, more or less, to the POINT OF COMMENCEMENT;

SAVING AND EXCEPTING therefrom Part One (1), Description Reference Plan 55R-5668, hereinafter referred to as the "said lands",

kennel use legally existing on the effective date of this By-law, being the 24th day of September, A.D., 1990, may be continued and shall be deemed to be a non-conforming use on that portion of the said lands, being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of parts of Mining Location F, Scott's Survey, and Mining Location 1, Herrick's Survey, in the said Township, containing a total area of 10 acres, more or less, more particularly described as follows:






THENCE Easterly along the South limit of the said Location F, 505.21 feet to the North Westerly limit of an expropriation by the Department of Highways as shown on plan filed in the Registry Office at Port Arthur as Number 10414;



THENCE Northerly parallel to the East limit of the said Location F, 777.08 feet, more or less, to the POINT OF COMMENCEMENT;


COMMENCING at a point in the North limit of the said Location where it is intersected by a line drawn parallel to the East limit of the said Location and distant therefrom 1881 feet measured Westerly from and at right angles to the east limit of Mining Location F;


THENCE north 89 degrees 34 minutes East along the said limit of the Oliver Road, 467.80 feet;


THENCE Westerly along the said limit of the said Location 1, 505.21 feet, more or less, to the POINT OF COMMENCEMENT,

SAVING AND EXCEPTING therefrom Part One (1), Description Reference Plan 55R-5668 and Part One (1), Description Reference Plan 55R-8342."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Three (3), Registered Plan 55M-495,



The provisions of Section 10.2.4 of this By-law shall continue to apply except in the case of the single detached dwelling existing on the 24th day of September, A.D., 1990, which shall be permitted to remain in its present position."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Two (2), Registered Plan W-812, and a portion of the abutting street allowance all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Two (2), Registered Plan W-812,


(a) Minimum Lot Frontage:

(i) Semi-detached Dwelling:

7.5 metres for each dwelling unit

(ii) Duplex Dwelling:

9.0 metres for each dwelling unit."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Block "D", Registered Plan 853, and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "GC2" - General Commercial Zone 2.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Block "D", Registered Plan 853,


a) DEFINITION

GROSS LEASABLE AREA

Means the total floor area of a building measured from the exterior faces of the exterior walls, designed for the occupancy and exclusive use of the owner and/or tenant, including basements, mezzanines and upper floors.


(3) NOTWITHSTANDING the provisions of Sections 5.13.1a), 25.1, 25.2.3, 25.2.9 and 25.2.10 of this By-law, in the case of the lands and premises described in Subparagraph (2) of this Paragraph,


a) Access to Parking Areas and Spaces:

The provisions of Section 5.13.1a) of this By-law shall continue to apply, provided however, that one driveway to the said property shall be permitted to have a maximum width of 15 metres.

b) PERMITTED USES

- food store

- buildings, structures, or uses accessory thereto

c) Minimum Front Yard:

30 metres

d) Maximum Gross Leasable Area of a Food Store:


e) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be provided and maintained along the interior side lot line from the front lot line to the rear lot line.

(4) NOTWITHSTANDING any provisions to this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in Subparagraph (2) of this Paragraph,


a) no part of any driveway or private parking area shall be located in the required front yard."


"317 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 10-F and 11-F of this By-law, that portion of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay, and being composed of a portion of Lot Nineteen (19), in Concession 1, South of the Kaministiquia River, designated as Part 10 on Reference Plan of Survey registered in the Registry Office for the Registry Division of Thunder Bay as Number 55R-2059, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Section 5.5 of this

By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, in the District of Thunder Bay, and being composed of a portion of Lot Nineteen (19), in Concession 1, South of the Kaministiquia River, designated as Part 10 on Reference Plan of Survey registered in the Registry Office for the Registry Division of Thunder Bay as Number 55R-2059,

the provisions of Section 5.5 of this By-law shall not apply."


"318 NOTWITHSTANDING the provisions of Section 13.2.1b), 13.2.2b) and 13.2.7(b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lot Number Eight (8), Registered Plan Number 741.

SECONDLY:

Part of Lot Number Two Hundred and Ninety-five (295), Registered Plan Number 572, more particularly described as follows:

COMMENCING at the South-west angle of the said Lot Number Two Hundred and Ninety-five (295), being the intersection of the boundary line between Lots Two Hundred and Ninety-four (294) and Two Hundred and Ninety-five (295) and High Street;

THENCE Northerly along the Easterly limit of High Street a distance of Thirty (30) feet to a point;

THENCE East and parallel to the South boundary of Lot Number Two Hundred and Ninety-five (295) a distance of One Hundred and Ten feet (110);

THENCE Southerly and parallel to High Street a distance of Thirty feet (30) more or less to the South boundary of the said Lot Two Hundred and Ninety-five (295);

THENCE Westerly along the South boundary of Lot Number Two Hundred and Ninety-five (295) a distance of One Hundred and Ten feet (110) to the place of beginning.


a) Minimum Lot Area

The provisions of Section 13.2.1b) of this By-law shall continue to apply except in the case of a single detached dwelling, in which case the minimum lot area shall be 336 square metres.

b) Minimum Lot Frontage

The provisions of Section 13.2.1b) of this By-law shall continue to apply except in the case of a single detached dwelling, in which case the minimum lot frontage shall be 10 metres.

c) Minimum Side Yards for Uses Other than a Converted Dwelling or Semi-detached Dwelling:

The provisions of Section 13.2.7(b) of this By-law shall continue to apply except in the case of a single detached dwelling, in which case the minimum interior side yard shall be 10% of the lot frontage of the lot for each interior side yard."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 237, 238 and 239, Registered Plan Number 42,

SAVING AND EXCEPTING therefrom the North Ten (10) feet of the said Lots which was opened up by By-law No. 1043 as a Public Lane of the City,


a) DEFINITIONS

AUTOMOTIVE GAS BAR

Means the use of land, or building, or structure where vehicle fuel (not including propane), or lubricants, are offered for sale but where no provision is made for the repair or maintenance of vehicles and shall not include any other automotive use specifically defined in this By-law. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises is permitted in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0 square metres; and a car wash containing one washing bay is also permitted in conjunction therewith.

(2) NOTWITHSTANDING any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph,


a) Stacking Lanes for a Car Wash:

A car wash shall provide a minimum of five vehicular waiting spaces for each washing bay with each space measuring not less than 3.0 metres in width and 6.0 metres in length."


"320 NOTWITHSTANDING the provisions of Sections 4.12, 4.124(b), 5.12.1, 5.13.9b), 5.14.1a), 27.2.3, 27.2.5, 27.2.6 and 27.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay in the District of Thunder Bay and Province of Ontario, namely:

Lots Numbered Six Hundred and Forty-nine (649) Six Hundred and Fifty (650), Six Hundred and Fifty-one (651), Six Hundred and Fifty-two (652), Six Hundred and Fifty-three (653), Six Hundred and Fifty-four (654) and Six Hundred and Fifty-five (655), in the said City, as shown on a Plan filed in the Office of Land Titles as Plan M-88,



a) DEFINITIONS

i) AUTOMOTIVE STEREO SALES ESTABLISHMENT

Means the use of land, or building, or structure for the display and sale of automotive stereo equipment including facilities for the installation of such equipment on site, and may include the display and sale of home video and stereo equipment. For the purposes of this paragraph, such use shall be deemed to be an automotive service station.

ii) LOT LINE, FRONT

Means the lot line abutting Memorial Avenue.

b) OFF-STREET LOADING SPACE REQUIREMENTS

Size of Loading Spaces:

The provisions of Section 5.12.1 of this By-law shall continue to apply except in the case of the building existing on the 26th day of November, A.D., 1990, in which case a loading space shall be a rectangular area measuring not less than 3.66 metres in width and 5.0 metres in length.

c) OFF-STREET PARKING REQUIREMENTS

Parking Spaces Required

The provisions of Section 5.13.9b) of this By-law shall continue to apply except where the building existing on the 26th day of November, A.D., 1990, is used for a shopping centre,in which case one space for every 18.0 square metres of gross retail floor area shall be required

d) PERMITTED YARD ENCROACHMENTS


Required Yard

The provisions of Section 5.14.1a) of this By-law shall continue to apply except in the case of the building existing on the 26th day of November, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building providing such repair or restoration does not increase the height, size or volume of the said building.

e) Minimum Front Yard, Minimum Interior Side Yard, Minimum Rear Yard and Maximum Lot Coverage:

The provisions of Sections 27.2.3, 27.2.5, 27.2.6 and 27.2.9 of this By-law shall continue to apply except in the case of the building existing on the 26th day of November, A.D., 1990, which shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building providing such repair or restoration does not increase the height, size or volume of the said building."

BY-LAW 264-1990 Amended by By-law 36-1998 Amended by By-law 58-2001

Effective Date: November 26, 1990 Effective Date: February 9, 1998 OMB ORDER R 910435 - October 30, 1991 Effective Date: April 9, 2001

Amended by By-law 018-2010 Effective Date March15, 2010



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 55R-12888,

All shown as “PROPERTY LOCATION 1” and “PROPERTY LOCATION 2” on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "HC" - Highway Commercial Zone and "LIP" - Light Industrial Park Zone and designated as part of the "CSC" - Commercial Shopping Centre Zone.

(2) NOTWITHSTANDING the provisions of Sections 2.3, 4.120, 4.124, 4.235, 4.237, 4.239, 4.240, 5.1, 5.13.9(b), 26.2.2, 26.2.3, 26.2.4, 26.2.5, 26.2.6 and 26.2.10 of this By-law, in the case of the lands and premises “as shown as “PROPERTY LOCATION 1” on EXHIBIT ONE to and forming part of this paragraph.

(a) DEFINITIONS

(i) GROSS LEASABLE AREA

a) Except as otherwise provided in subclause (b) hereof, means the total area of all buildings measured from the exterior faces of the exterior walls.

b) The following are excluded from the calculation of the gross leasable area:

common loading docks and areas, delivery passages, package pick-up stations, common malls, stairways, first aid stations, comfort stations and utility rooms and corridors, except where such areas constitute, are within or are exclusively devoted to an individual establishment within a shopping centre. Such excluded areas shall be measured from the interior faces of the walls enclosing them where applicable and otherwise from the limits of the area occupied. In this paragraph "establishment" includes, but is not limited to a kiosk or any other area on which any activity, operation or business is conducted, whether enclosed or not.

(ii) FOOD

Includes anything exposed or offered for sale, other than in a restaurant, which is intended for human consumption (edible or drinkable) off the premises, exclusive of prescription and pharmacy drugs and over the counter medications.

(iii) LOT FRONTAGE

Means the total length of the front lot line.

(iv) LOT LINE, FRONT

Means the lot lines identified as "Front Lot Line" on EXHIBIT ONE to and forming part of this paragraph.

(v) RETAIL FOOD AREAS

Means those portions of a building where food is exposed or offered for sale.

(vi) YARD, FRONT


Means the required front yard shown on EXHIBIT ONE to and forming part of this paragraph.

(vii) YARD, EXTERIOR SIDE

Means the required exterior side yard shown on EXHIBIT ONE to and forming part of this paragraph.

(viii) YARD, INTERIOR SIDE

Means the required interior side yard shown on EXHIBIT ONE to and forming part of this paragraph.

(ix) YARD, REAR

Means the required rear yard shown on EXHIBIT ONE to and forming part of this paragraph.

(b) ACCESS REGULATIONS

The provisions of Section 5.1 shall continue to apply except that a driveway entrance is permitted at the intersection of Thirteenth Avenue and Gorham Street.


Shall be the lot frontage of the lands to which this paragraph applies.

(d) Minimum Front Yard:

The minimum front yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(e) Minimum Exterior Side Yard:

The minimum exterior side yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(f) Minimum Interior Side Yard:

The minimum interior side yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(g) Minimum Rear Yard:

The minimum rear yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(h) Maximum Gross Leasable Area:

13,500 square metres.

(i) Regulations Relating to Retail Food Areas:

1. Food shall not be exposed or offered for sale except in a Retail Food Area.

2. Main Retail Food Area

a) One Main Retail Food Area is permitted.

b) The Main Retail Food Area shall be contiguous, except for the portions thereof referred to in clauses (c)(iii) and (iv) hereof, which may, but need not be, contiguous thereto.


c) The following are deemed to be included in the Main Retail Food Area:

(i) The horizontal floor areas on or over which food is exposed or offered for sale; plus

(ii) The areas which are within a horizontal distance of 0.9 metres from, and within the same room as, the areas des-cribed in clause (c)(i) hereof; plus

(iii) The horizontal floor areas occupied by all checkout counters within the establishment which serve in whole or in part any Retail Food Area; plus

(iv) 80% of the areas which are within a horizontal distance of 0.45 metres from the areas described in clause (c)(iii) hereof.

3. Satellite Retail Food Areas

a) In addition to and apart from the Main Retail Food Area, Satellite Retail Food Areas which are not contiguous with the Main Retail Food Area or with each other are permitted.

b) The following are deemed to be included in a Satellite Retail Food Area:

(i) The horizontal floor areas on or over which food is exposed or offered for sale; plus

(ii) The areas which are within a horizontal distance of 0.9 metres from, and within the same room as, the areas described in clause (b)(i) hereof.

c) The number of Satellite Retail Food Areas is not limited provided that they shall not exceed, in the aggregate, 500 square metres.

4. The Main Retail Food Area and any Satellite Retail Food Areas shall not exceed, in the aggregate, 5760 square metres.

(j) CERTIFICATE OF OCCUPANCY:

1. No change in the type of use of any land, building or structure, or any part thereof, to which this paragraph applies shall be made until a Certificate of Occupancy pursuant to Section 34(6) of the Planning Act has been issued by the Chief Building Official.

2. Prior to the issuance of any Certificate of Occupancy, the Owner shall provide to the Chief Building Official of the City a dimensioned plan delineating the proposed Retail Food Area or Areas, including sufficient information to determine whether or not the same conform to the provisions hereof.

3. For the purpose of subsection 34(6) of the Planning Act, Retail Food Areas shall be deemed to be a separate type of use from other permitted uses."

(k) MINIMUM NUMBER OF PARKING SPACES REQUIRED:

The required parking spaces to be provided for a “shopping centre” shall be one space for every 18.5 square metres of gross leaseable area.

"(3) NOTWITHSTANDING the provisions of Sections 4.120, 4.124(b), 4.235, 4.237, 4.239, 4.240, 26.2.2, 26.2.3, 26.2.4, 26.2.5 and 26.2.6 of this By-law, in the case of the lands and premises as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

(a) Definitions


(i) Lot Frontage

Means the total length of the front lot line. (ii) Lot Line, Front

Means the lot line identified as "Front Lot Line" on EXHIBIT ONE to and forming part of this paragraph.

(iii) Yard, Front


(iv) Yard, Exterior Side


(v) Yard, Interior Side


(vi) Yard, Rear


(b) Minimum Lot Frontage

Shall be the lot frontage of the lands to which this paragraph applies. (c) Minimum Front Yard

The minimum front yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(d) Minimum Exterior Side Yard

The minimum exterior side yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(e) Minimum Interior Side Yard

The minimum interior side yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph.

(f) Minimum Rear Yard

The minimum rear yard shall be as shown on EXHIBIT ONE to and forming part of this paragraph."


Effective Date: OMB ORDER R930049 – February 11, 2004 OMB ORDER PL967963 – July 8, 1997

Amended by B/L 171-2000 Effective Date: September 25, 2000

Amended by B/L 36-2004 Effective Date: February 16, 2004

Amended by B/L 045-2009 Effective Date: May 11, 2009



FIRSTLY:

Parcel Plan 1, Section M-155, Lane according to Registered Plan M-155;

SECONDLY:


Part of Parcel Plan 1, Section M-57, being Part of the Lane on Plan M-57, lying between the Northerly limit of Central Avenue (now Eleventh Avenue) to the South, and the extension south easterly of the northerly boundary of Lot 2871 to a point in the westerly boundary of Lot 2818;

THIRDLY:

Part of Parcel Plan 1, Section M-57, being part of the lane on Plan M-57, lying between a straight line drawn from the North Easterly corner of Part 8 on Reference Plan 55R-2716 to the North Westerly corner of Lot 2828, Plan M-57, to the South and a straight line drawn from the North Easterly corner of Lot 2857 to the North Westerly corner of Lot 2831, Plan M-57, to the North;

FOURTHLY:

Part of Parcel Plan 1, Section M-57, being part of Field Street (formerly Fort Street) on Plan M-57, lying between the Northerly limit of Central Avenue (now Eleventh Avenue), Plan M-57, to the South, and the production Easterly of the Northerly limit of Lot 2989, Plan M-57, to a point in the Westerly limit of that part of the North Half of the North East Quarter of Section 52, designated as Part 1 on Reference Plan 55R-3213, to the North;

FIFTHLY:

Part of that part of the North Half of the North East Quarter of Section 52, designated as Part 1 on Reference Plan 55R-3213, lying between the Northerly limit of Eleventh Avenue, to the South; and the production Westerly of the Southerly limit of that part of the North Half of the North East Quarter of Section 52 designated as Part 3 on Reference Plan 55R-3213 to a point in the Westerly limit of the said Part 1, to the North;

SIXTHLY:

Lots 1 through 12, Plan M-155;

SEVENTHLY:


EIGHTHLY:


NINTHLY:

Part of the Lane on Plan M-57, lying between the easterly limits of Lots 2846 to 2856 (both inclusive) and the westerly limits of Lots 2832 to 2845 (both inclusive);

TENTHLY:

Lots 2846 through 2853, Plan M-57, save and except Part 1 on Reference Plan 55R-3152;

ELEVENTHLY:


TWELFTHLY:


THIRTEENTHLY:

Lot 2878, Plan M-57, save and except Part 2 on Reference Plan 55R-2427;

FOURTEENTHLY:



FIFTEENTHLY:


SIXTEENTHLY:

Part of the North Half of the North East Quarter of Section 52, more particularly described as follows:

Premising that the division line between the North and South Halves of the said Quarter Section has a bearing of South 89 degrees, 53 minutes, 30 seconds East and relating all bearings herein thereto;

Commencing at a point in a line joining a point in the West limit of the said Quarter Section distance 370.5 feet measured Northerly along the said limit of the said Quarter Section from the division line between the North and South Halves of the said Quarter Section with a point distant 80 feet measured North from a point in the West limit of the right-of-way of the Canadian National Railway distant 338.45 feet measured North 29 degrees, 37 minutes, 30 seconds East along the said limit of the said right-of-way from the division line between the North and South Halves of the said Quarter Section, the said point of commencement, being distant 15 feet measured North 89 degrees, 43 minutes East along the said line from the West limit of the said Quarter Section;

Thence North 89 degrees, 43 minutes East along the said line 644.61 feet;

Thence North 15 degrees, 39 minutes East 985.05 feet, more or less, to a point in the North limit of the said Quarter Section distant 34 feet measured Westerly thereon from the intersection of the production Southerly of the West limit of the Fort William Road as shown on Plan of Subdivision registered in the Registry Office at Thunder Bay, as #-8;

Thence South 89 degrees, 45 minutes, 30 seconds West along the said limit of the said Quarter Section 906.12 feet, more or less, to a point distant 15 feet measured Easterly along the said limit of the said Quarter Section from the North West angle of the said Quarter Section;

Thence South 0 degrees, 14 minutes West parallel to the West limit of the said Quarter Section 948.19 feet, more or less, to the point of commencement;

Saving and Excepting Part 3 on Reference Plan 55R-3213,

are hereby removed from the "HC" - Highway Commercial Zone and the "HI" - Heavy Industrial Zone and designated as part of the "CSC" - Commercial Shopping Centre Zone.

(1a) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-N and 6-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northeast Quarter of Section 52,

all shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this Paragraph,

are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "CSC" - Commercial Shopping Centre Zone."

Amended by B/L 045-2009

(2) NOTWITHSTANDING the provisions of Sections 4.75, 4.120, 4.124, 4.227, 4.235, 4.237, 4.239, 4.240., 5.13.1a), 5.13.3b), 26.2.2, 26.2.3, 26.2.7, 26.2.8(b), 26.2.10 and 26.2.11 of this By-law, in the case of the lands and premises described in subparagraph (1) "and in subparagraph (1a)" of this paragraph, the following provisions shall apply:

(a) DEFINITIONS

(i) AUTOMOTIVE PARTS AND ACCESSORIES STORE


Means an establishment primarily engaged in retail dealing in new or used tires, tubes, batteries and other automotive parts and accessories, separately or in combination, and may include retail dealing in home needs such as hardware, electrical supplies, housewares and paint. In addition, tire installation and repair, and automobile repair is also permitted in such an establishment.

(ii) FOOD

Includes anything exposed or offered for sale, other than in a restaurant, which is intended for human consumption (edible or drinkable) off the premises, exclusive of prescription and pharmacy drugs and over-the-counter medications.

(iii) FOOD STORE

Means an establishment having a minimum gross floor area of 275 square metres, primarily engaged in retailing a general line of groceries such as canned and/or frozen foods, prepared meats, fresh fruit and vegetables, desserts and staples such as tea, coffee, spices, sugar and flour. Fresh meats and poultry may also be included. In addition, limited lines of newspapers, magazines, paper products, soft drinks, wine and beer, tobacco products, health and beauty aids, housewares, flowers, plants and other non-food articles may be sold. For the purpose of this paragraph, food store shall also include an establishment primarily engaged in retail dealing in usually one line of food, including but not limited to butcher shops, candy and nut stores, delicatessens, fish and seafood stores, fruit and vegetable stores, health food stores and specialty food stores, and having a minimum gross floor area of 275 square metres.

(iv) GROSS LEASABLE AREA

a) Except as otherwise provided in subclause (b) hereof, means the total, aggregate area of all buildings on the lands to which this paragraph applies, measured from the exterior faces of the exterior walls.

b) The following are excluded from the calculation of the gross leasable area:

common loading docks and areas, delivery passages, package pick-up stations, common malls, stairways, first aid stations, comfort stations and utility rooms and corridors,

except where such areas constitute, are within or are exclusively devoted to an individual establishment within a shopping centre. Such excluded areas shall be measured from the interior faces of the walls enclosing them where applicable and otherwise from the limits of the area occupied. In this paragraph "establishment includes, but is not limited to a kiosk or any other area on which any activity, operation or business is conducted, whether enclosed or not."

(v) LAWN AND GARDEN CENTRE

Means an establishment primarily engaged in retail dealing in trees, shrubs, and other nursery stock and garden supplies.

(vi) LOT FRONTAGE

Means the total length of the front lot line.

(vii) LOT LINE, FRONT

Means the lot lines identified as "Front Lot Line" on EXHIBIT ONE to and forming part of this paragraph.


(viii) RETAIL FOOD AREA

Means any portion of an establishment where food is exposed or offered for sale.

The following are deemed to be included in a Retail Food Area:

a) The horizontal floor areas on or over which food is exposed or offered for sale; plus

b) The areas which are within a horizontal distance of 0.9 metres from, and within the same room as, the areas described in clause (a) hereof; plus

c) The horizontal floor areas occupied by all checkout counters within the establishment which serve in whole or in part any Retail Food Area; plus

d) 80% of the areas which are within a horizontal distance of 0.45 metres from the areas described in clause (c) hereof.

(ix) VARIETY STORE

For the purpose of this paragraph variety store shall have the same meaning as food store except that a variety store shall have a maximum gross floor area of less than 275 square metres.

(x) YARD, FRONT


(xi) YARD, EXTERIOR SIDE


(xii) YARD, INTERIOR SIDE


(xiii) YARD, REAR


(b) OFF-STREET PARKING REQUIREMENTS


The provisions of Section 5.13.1a) of this By-law shall continue to apply except that in the case of a driveway to Central Avenue or Fort William Road, the maximum width of a driveway shall be 14.0 metres.


The provisions of Section 5.13.3b) shall continue to apply except that where a hotel forms part of a shopping centre, the parking space requirements for a hotel shall apply to the hotel portion of the shopping centre and the total parking space requirement for the shopping centre shall be the sum of the parking spaces required for the hotel and the parking spaces required for the remainder of the shopping centre.



(iii) Parking Spaces Required:

The provisions of Section 5.13.9 shall continue to apply except that for a shopping centre with a gross floor area of more than 9,300.0 square metres one space for every 21.0 square metres of gross floor area shall be required.

(c) PERMITTED USES

(i) In addition to the uses listed in Section 26.1 of this By-law, the following uses are permitted:

- automotive parts and accessories store

- lawn and garden centre

(ii) Notwithstanding the uses listed in Section 26.1 of this By-law, office is not permitted as a main use.

(d) Minimum Lot Frontage:

Shall be the lot frontage of the lands to which this paragraph applies.

(e) Minimum Front Yard:

Means the minimum front yard shown on EXHIBIT ONE, to and forming part of this paragraph."

(f) Maximum Height:

10 metres except that a maximum height of 40 metres is permitted for a hotel.


(g) Maximum Gross Leasable Area:

(i) Subject to sub-clause (ii) hereof, the maximum gross leasable area shall be 31,200.0 square metres;

(ii) Not more than 3,716.0 square metres in total, of the maximum gross leasable area permitted by subclause (i) hereof shall be used for retail food areas, provided however, that where the total aggregate retail food area within an establishment is less than 275.0 square metres, such retail food area is not included in the maximum 3,716.0 square metres of gross leasable area permitted to be used for retail food areas in this subclause (ii);

(iii) A minimum of 14,000.0 square metres of the maximum gross leasable areas shall be in establishments of 1,858 square metres or greater; and

(iv) A minimum of 25,137.0 square metres of the maximum gross leasable area shall be in establishments of 465.0 square metres or greater.

(h) Certificate of Occupancy:

(i) No change in the type of use of any land, building or structure, or any part thereof, to which this paragraph applies shall be made until a Certificate of Occupancy pursuant to Section 34(6) of the Planning Act has been issued by the Chief Building Official.

(ii) Prior to the issuance of any Certificate of Occupancy, the Owner shall provide to the Chief Building Official of the City a dimensioned plan delineating the proposed Retail Food Area or Areas, including sufficient information to determine whether or not the same conform to the provisions hereof.

(iii) For the purpose of subsection 34(6) of the Planning Act, Retail Food Areas shall be deemed to be a separate type of use from other permitted uses.


(i) Off-street Loading Space Requirements:

(i) Size of Loading Spaces:

a) any required loading space shall be a rectangular area measuring not less than 2.84 metres in width and 9.0 metres in length.

(ii) Number of Loading Spaces Required:

Two loading spaces are required for each non-residential building over 10,000 square metres in gross floor area.


(j) Main Buildings:

No maximum provided however, that a minimum distance of 6.0 metres separates each main building, except in the case of Building "A" and Building "B" shown on EXHIBIT TWO to and forming part of this Paragraph, in which case the minimum separation distance shall be 4.75 metres.


(k) Minimum Landscaped Open Space:

7.9 % Amended by B/L 045-2009

(l) Maximum Floor Space Index:

0.286."

BY-LAW 280-1990 Effective Date: December 17, 1990 OMB ORDER R910318 - August 17, 1992 "323 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-M of this By-law,

the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Number One Hundred and Seventy-one (171), Registered Plan Number 643, and portions of the abutting street and lane allowances and being more particularly shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"324 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed a portion of Lot Seven (7) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, more particularly described as a portion of Part Two (2), Reference Plan 55R-6172 and a portion of the abutting street allowance, all as shown as the "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed a portion of Lot Seven (7) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, more particularly scribed as a portion of Part Two (2), Reference Plan 55R-6172, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,




15.0 metres."


"325 Repealed by B-law 101-1991 Effective Date: May 13, 1991




FIRSTLY:

Lot One Hundred and Eighty-one (181) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 572.

SECONDLY:

That portion of Lisgar Street according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan 572, as stopped up and closed by By-law Number 21-1984 and registered in the said Registry Office as Instrument Number 253392 on the 28th day of February, 1984, designated as Parts 1 and 2 on a Plan deposited in the said Registry Office as Description Reference Plan 55R-5608,


a) DEFINITIONS

i) LOT LINE, REAR

Means the lot lines abutting Lot Number Three (3), Registered Plan Number 827.

b) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, office shall also be a permitted use."


"327 Repealed by By-law 265-1991 Effective Date: October 15, 1991


"328 NOTWITHSTANDING the provisions of Section 28.2.5c)iii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Three (3), East side Cumberland Street, Prince Arthur's Landing and a portion of Lot Four (4), West side South Water Street, Prince Arthur's Landing, being Parts Two (2), Three (3) and Four (4), Reference Plan 55R-2292, City of Thunder Bay, District of Thunder Bay,



The provisions of Section 28.2.5c)iii) of this By-law shall continue to apply except in the case of the building existing on the 25th day of February, A.D., 1991, in which case the minimum interior side yard shall be 3.89 metres."


By-LAW 47-1991 Effective Date: March 25, 1991 OMB ORDER R 910575 - June 2, 1992

“329 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-M of this By-law, the lands and premises being more particularly described as follows,

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the District of Thunder Bay, and being composed of a portion of Lot Two (2), Concession II, North of the Kaministiquia River, more particularly described as Part 1, Description Reference Plan 55R-3322, and Parts 1 to 4 both inclusive, Parts 9 to 14 both inclusive, Parts 19 to 31 both inclusive, Parts 38 to 46 both inclusive, Parts 53 to 64 both inclusive and the abutting portions of Part 65, Description Reference Plan 55R-8537 and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "US - Utilities and Services Zone and designated as part of the "R1" - Residential One Unit.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the City of Fort William, in the Dis-trict of Thunder Bay, and being composed of a portion of Lot Two (2), Concession II, North of the Kaministiquia River, more particularly described as Part 1, Description Reference Plan 55R-3322 and Parts 5 to 8 both inclusive, Parts 15 to 18 both inclusive, Parts 32 to 37 both inclusive, Parts 47 to 52 both inclusive and the abutting portions of Part 65, Description Reference Plan 55R-8537 and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "US - Utilities and Services Zone and designated as part of the "R2" - Residential One and Two Unit. "

BY-LAW 66-1991 Effective Date: March 25, 1991 O.M.B. ORDER R 910317 - July 30, 1991

"330 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of Block "C", in Mining Location "Y", according to a Plan regis-tered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 59, more particularly described as follows:

COMMENCING at a point in the production Easterly of the Northerly limit of Simcoe Avenue, now Grey Avenue, as shown on plan of subdivision registered in the Registry Office at Thunder Bay as Number 364, the said point being distant 33 feet measured Easterly from and at right angles to the west limit of the said Block "C";

THENCE Easterly along the production of Simcoe Avenue now Grey Avenue, 170 feet;

THENCE Northerly parallel to the West limit of the said Block "C", 514 feet, more or less, to intersect the production Easterly of the Southerly limit of Nipissing Avenue;

THENCE Westerly along the said production, 170 feet to a point distant 33 feet measured Easterly from and at right angles to the West limit of the said Block "C";


THENCE Southerly parallel with the West limit of the said Block "C", 514 feet, more or less, to the point of commencement,

and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Section 16.2.10a) as it applies to an apartment dwelling, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a part of Block "C", in Mining Location "Y", according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan Number 59, more particularly described as follows:

COMMENCING at a point in the production Easterly of the Northerly limit of Simcoe Avenue, now Grey Avenue, as shown on plan of subdivision registered in the Registry Office at Thunder Bay as Number 364, the said point being distant 33 feet measured Easterly from and at right angles to the west limit of the said Block "C";

THENCE Easterly along the production of Simcoe Avenue now Grey Avenue, 170 feet;

THENCE Northerly parallel to the West limit of the said Block "C", 514 feet, more or less, to intersect the production Easterly of the Southerly limit of Nipissing Avenue;

THENCE Westerly along the said production, 170 feet to a point distant 33 feet measured Easterly from and at right angles to the West limit of the said Block "C";

THENCE Southerly parallel with the West limit of the said Block "C", 514 feet, more or less, to the point of commencement,


a) Maximum Height:

19.0 metres

(3) NOTWITHSTANDING any provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (2) of this paragraph,


a) Maximum Number of Dwelling Units:

The total number of dwelling units shall not exceed eighty-two (82)."


"331 NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of various lots, streets and lanes in Registered Plan 525, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



No building or structure used for human habitation shall be permitted".


"332 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-I and 5-I of this By-law, that portion of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location "O", Scott's Survey, designated as Part Two (2), as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-3022 and a portion of John Street Road allowance, shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RE" - Residential Estate Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location "O", Scott's Survey, designated as Part Two (2), as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-3022,



"333 NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Seventeen (17), East side of Luci Court, Registered Plan W-134,


The single detached dwelling, including the decks and related roof structures, and the accessory building existing on the 25th day of March, A.D., 1991, are permitted to remain in their present locations. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings and structures, provided that such repair or restoration does not increase the height, size or volume of the said buildings and structures."

BY-LAW 61-1991 Effective Date: March 25, 1991 OMB ORDER R 910546 - August 14, 1992

"334 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-M of this By-law, in the case of the premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots Sixteen (16) and Seventeen (17), Registered Plan 536 and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATIONS 1 and 2" on EXHIBIT ONE to and forming part of this paragraph.

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.


(2) NOTWITHSTANDING the provisions of Sections 4.227 and 23.1 of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lots Sixteen (16) and Seventeen (17), Registered Plan 536 shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS:

VARIETY STORE

Means a retail business selling food and associated small household items and which may include the sale of any of the following:

(1) fuels, lubricants and accessories, including propane not exceeding a storage capacity of 7570 litres;

(2) prepared foods for consumption off the premises provided, the gross floor area devoted to such prepare foods does not exceed 10.0 square metres;

(3) live bait and related tackle and fishing gear, provided the total gross floor area devoted to such bait and related equipment does not exceed 12.0 square metres, whether located in the main building or an accessory building.

b) PERMITTED USES

A variety store with a maximum of one (1) dwelling unit located in the main building, and the accessory building existing on the 25th day of March, A. D., 1991.

c) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings provided that such repair or restoration does not increase the height, size or volume of said buildings. If the buildings are damaged or destroyed by accidental fire or natural disaster, this By-law shall not prevent the re-building or repair of the said buildings to its prior gross floor area or to a smaller gross floor area, provided that the building is built at its prior location on the lot or at a location on the lot that would not contravene any of the regulations of this By-law."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, and being composed of a portion of that portion of lane within Block 13, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan W-179, designated as Part 5 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-1297, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "LIP" - Light Industrial Park Zone.




FIRSTLY:

The Westerly eight and one - quarter (8 1/4') feet of even width from front to rear of Lot Number Twenty-two (22), the whole of Lots Numbered Twenty-three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31) and Thirty-two (32), in Block Number Thirteen (13) in the Lincoln Park Addition to the said City of Fort William according to a Plan registered in the Registry Office for the Registry Division of Fort William as No. 179.

SECONDLY:

That portion of lane within Block Thirteen (13), according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan W-179, designated as Part 5 as shown on a Plan deposited in the Registry Office for the Registry Division of Thunder Bay as Description Reference Plan 55R-1297.

THIRDLY:

The fifteen (15') foot lane lying immediately North of and adjacent to Lot Number Twenty-five (25), in Block Thirteen (13), according to a Plan registered in the Registry Office for the Registry Division of the District of Fort William as Number 179, which said lane is bounded on the East by the Northerly production of the East limit of the said Lot Twenty-five (25) and bounded on the West by the production of the East limit of Balmoral Street, being more particularly described as follows:

COMMENCING at the Northeasterly angle of Lot Twenty-five (25), in Block Thirteen (13), Plan 179;

THENCE Northerly along the projection Northerly of the Easterly limit of said Lot Twenty-five (25), to the Southeasterly limit of Lot Twenty-two (22), in Block Thirteen (13), Plan 179;

THENCE Southwesterly along the Southeasterly limits of Lots Twenty-two (22), Twenty-three (23) and Twenty-four (24), to the Southwesterly angle of Lot Twenty-four (24);

THENCE Southerly in a straight line to the Northwesterly angle of the said Lot Twenty-five (25);

THENCE Northeasterly along the Northerly limit of the said Lot Twenty-five (25), 137 feet more or less to the point of commencement,


a) PERMITTED USES




"336 (1) NOTWITHSTANDING the provisions of Sections 39.2.1b)ii), 39.2.2b)ii) and 39.2.11 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Northwest Quarter of Section 50 and a portion of the Southwest Quarter of Section 50, being more particularly shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,



8000 square metres


45.0 metres

c) Special Regulations for lots without municipal sewage disposal:

With the exception of an educational institution, all uses will be prohibited which require a septic tank capacity in excess of 13,500 litres, in total, per lot.

(2) NOTWITHSTANDING the provisions of Sections 39.2.1b)ii), 39.2.2b)ii) and 39.2.11 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Northwest Quarter of Section 50, being more particularly shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,



6750 square metres


45.0 metres

c) Special Regulations for lots without municipal sewage disposal:

With the exception of an educational institution, all uses will be prohibited which require a septic tank capacity in excess of 13,500 litres, in total, per lot."


"337 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Twenty (20), Concession III, N.K.R., being more parti-cularly described as follows:

Bearings hereon are astronomic and are referred to portion of the East limit of the 20th Side Road as shown on Plan 55R-7927 having a bearing of N 0 degrees, 07 minutes East;


Commencing at a point which may be located as follows:

Beginning at the South East Corner of Lot 20, Concession III;

THENCE North along the boundary between Lots 19 and 20, 209.416 metres to the North East corner of the lands described in Instrument 310933;

THENCE South 89 degrees, 54 minutes, 10 seconds West, along the Northerly boundary of the lands described in Instrument 310933, 82.00 metres to the point of commencement;

THENCE South 89 degrees, 54 minutes, 10 seconds West, along the Northerly boundary of the lands described in Instrument 310933, 110.3 metres more or less to a point distant 210 metres from the West limit of Lot 20;

THENCE South parallel to the East limit of the 20th Side Road which has a bearing of North 0 degrees, 07 minutes East to intersect a line drawn South 89 degrees, 57 minutes, 30 seconds West and being distant 108.596 metres Northerly from the South East angle of Lot 20, which is also the Southerly boundary of the lands described in Instrument 310933;

THENCE North 89 degrees, 57 minutes, 30 seconds East, 110 metres more or less to intersect a line drawn South 0 degrees, 08 minutes, 30 seconds from point of commencement;

THENCE North 0 degrees, 08 minutes, 30 seconds East 100.822 metres more or less to the point of commencement;

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING any provisions of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Twenty (20), Concession III, N.K.R., more particularly described as follows:

Bearings hereon are astronomic and are referred to portion of the East limit of the 20th Side Road as shown on Plan 55R-7927 having a bearing of N 0 degrees, 07 minutes East;

COMMENCING at a point in the boundary between Lots 19 and 20, distant 108.596 metres Northerly from the South East corner of Lot 20 and also being the South East corner of the lands described in Instrument 310933;

THENCE continuing North along the boundary between Lots 19 and 20, 100.82 metres to the North East corner of the lands described in Instrument 310933;

THENCE South 89 degrees, 54 minutes, 10 seconds West, 82.00 metres along the Northerly boundary of the lands described in Instrument 310933;

THENCE South parallel to the East limit which has a bearing of North 0 degrees, 08 minutes, 30 seconds East to intersect a line drawn South 89 degrees, 57 minutes, 30 seconds West from the point of commencement and also being the Southerly limit of the lands described in Instrument 310933;

THENCE East along the southerly boundary of the lands described in Instrument 310933, 82.00 metres more or less to the point of commencement,


(a) there shall be no minimum lot frontage required;


(b) there shall be no minimum street frontage required."

BY-LAW 102-1991 Effective Date: May 13, 1991 As Amended by O.M.B. Order R 920026 - February 18, 1993


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots One (1), Two (2) and Three (3), Block M, Registered Plan 579 and portions of the abutting street and lane allowances,


are hereby removed from the "R2" - Residential One and Two Unit Zone and the "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM2B" - Residential Multiple Medium Density Zone B.

(2) NOTWITHSTANDING the provisions of Sections 5.6.1 and 16.2.10(a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots One (1), Two (2) and Three (3), Block M, Registered Plan 579,


a) Maximum Height:

(ii) Except as provided in subclauses ii) and iii) of this clause, the height of any building shall not exceed 208.50 metres above sea level, geodetic datum.

(iii) Notwithstanding subclause i) of this clause, an elevator penthouse shall not exceed 209.55 metres above seal level, geodetic datum.

(iv) Notwithstanding subclause i) of this clause, gas ventilators shall not exceed 209.85 metres above sea level, geodetic datum.

(v) Section 5.6.1 HEIGHT EXEMPTIONS shall not apply.

(3) NOTWITHSTANDING the provisions of Sections 5.13.1c), 5.13.9b), 37.2.4, 37.2.6 and 37.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Four (4), Five (5) and Six (6), Block M, Registered Plan 579,



i) Parking Spaces Required:

The provisions of Section 5.13.9b) shall continue to apply except in the case of a religious institution in which case one space for every six fixed seats plus one space for every 18.0 square metres of floor area used for assembly where there are no fixed seats shall be required.


ii) Access to Tandem Parking Spaces

The provisions of Section 5.13.1c) shall continue to apply, except in the case of nine (9) tandem parking spaces located in the rear yard of the existing religious institution and situate not closer than 16 metres and not further than 35 metres from the north-easterly limit of the lot.

b) Minimum Exterior Side Yard and Minimum Rear Yard:

The provisions of Sections 37.2.4 and 37.2.6 shall continue to apply, except in the case of the building existing on the 13th day of May, A.D., 1991 which shall be permitted to maintain an exterior side yard of 1.77 metres and a rear yard of 4.3 metres. Any addition or extension to the said building shall comply with the requirements of Sections 37.2.4 and 37.2.6, in addition to all of the other applicable requirements of this By-law.

c) Buffering:



"339 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-C of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southwest Quarter of Section 47, designated as Part One (1), Reference Plan 55R-8600 and portions of the abutting street allowances all as shown as the "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RU" - Rural Area Zone and the "HC" - Highway Commercial Zone and designated as part of the "HC" - Highway Commercial Zone.


ALL AND SINGULAR that certain parcel or tract to land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southwest Quarter of Section 47, designated as Part One (1), Reference Plan 55R-8600, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS

In addition to the definitions listed in Section 4 of this By-law, the following definitions shall also apply:

(i) DAIRY TRUCK

Means a commercial vehicle used for the bulk haulage of milk products;

(ii) WATER TRUCK

Means a commercial vehicle used for the bulk haulage of water;

(iii) DAIRY AND WATER TRUCK DEPOT


Means the use of land, or building or structure where not more than a total of sixteen dairy trucks and/or water trucks are stored and which may include the repair and servicing of such vehicles but does not include the display for sale of such vehicles.

(3) NOTWITHSTANDING the provisions of Sections 27.1(a) and 27.2.8(a) of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph,


a) PERMITTED USES

In addition to the uses listed in Section 27.1(a) of this By-law, the following uses are also permitted:

- a single detached dwelling for an essential workman, owner or caretaker required to live on site

- dairy and water truck depot

b) Maximum number of main uses per lot:

one only, except that a dwelling for an essential workman, owner or caretaker is permitted."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, more particularly described as follows:

FIRSTLY:

Portion of Lot 16, on the North Side of Red River Road, Registered Plan 157, more particularly described as follows:

COMMENCING at a point in the Westerly boundary of the said Lot distant 100 feet measured Northerly thereon from the South West angle of the said Lot;

THENCE Easterly parallel to the Northerly boundary of the said Lot, 66 feet;

THENCE Northerly and parallel to the Westerly boundary of the said Lot to the Northerly boundary of the said Lot, 48.5 feet more or less;

THENCE Westerly along the said Northerly boundary of the said Lot, 66 feet to the North West angle of the said Lot;

THENCE Southerly along the Westerly boundary of the said Lot, 48.5 feet, more or less, to the point of commencement.

SECONDLY:

Portions of Lots 15 and 16, on the South Side of Elizabeth Street, Registered Plan 157, more particularly described as follows:

PORTION OF LOT NUMBER 15

COMMENCING at the Southwesterly angle of the said Lot, being the point of commencement;


THENCE Easterly and along the Southerly limit of the said Lot a distance of 66 feet, more or less, to the Southeasterly angle of the said Lot;

THENCE Northerly and along the Easterly limit of the said Lot, a distance of 48.5 feet to a point;

THENCE Westerly in a straight line a distance of 66 feet more or less, to a point in the Westerly limit of the said Lot, distant 48.5 feet, Northerly from the Southwesterly angle of the said Lot;

THENCE Southerly and along the Westerly boundary of the said Lot, a distance of 48.5 feet, to the Point of Commencement.


COMMENCING at the Southwesterly angle of the said Lot, being the Point of Commencement;

THENCE Easterly and along the Southerly limit of the said Lot, a distance of 91 feet more or less, to the Southeasterly angle of the said Lot;

THENCE Northerly and along the Easterly limit of the said Lot, a distance of 48.5 feet, to a point;

THENCE Westerly in a straight line, a distance of 99 feet, more or less, to a point in the Westerly limit of the said Lot, distant 48.5 feet, Northerly from the Southwesterly angle of the said Lot;


THIRDLY:

A portion of the abutting street allowance.


are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "GC2" - General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Section 4.115 of this By-law, in the case of the lands and premises being more particularly described as follows:


FIRSTLY:

Lot 16, on the North Side of Red River Road, Registered Plan 157,

SECONDLY:

Portions of Lots 15 and 16 on the the South Side of Elizabeth Street, Registered Plan 157, more particularly described as follows:



THENCE Easterly and along the Southerly limit of the said Lot a distance of 66 feet, more or less, to the Southeasterly angle of the said Lot;


THENCE Northerly and along the Easterly limit of the said Lot, a distance of 48.5 feet to a point;

THENCE Westerly in a straight line a distance of 66 feet more or less, to a point in the Westerly limit of the said Lot, distant 48.5 feet, Northerly from the Southwesterly angle of the said Lot;

THENCE Southerly and along the Westerly boundary of the said Lot, a distance of Forty-eight and one-half 48.5 feet, to the Point of Commencement.



THENCE Easterly and along the Southerly limit of the said Lot, a distance of 99 feet more or less, to the Southeasterly angle of the said Lot;

THENCE Northerly and along the Easterly limit of the said Lot, a distance of 48.5 feet, to a point;

THENCE Westerly in a straight line, a distance of 99 feet, more or less, to a point in the Westerly limit of the said Lot, distant 48.5 feet, Northerly from the Southwesterly angle of the said Lot;



a) DEFINITIONS

i) LOT

For the purpose of this paragraph, the lands described in this subparagraph (2) shall be deemed to be a lot."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Nineteen (19), Concession II, N.K.R., being a portion of Part One (1) on Reference Plan 55R-6383, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RR" - Railway Zone and designated as part of the "RMH" - Residential Mobile Home Park Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.59(h) 4.59(i), 18.2.3, 18.3.1b)ii), 18.3.2b)ii), 18.3.3 and 18.3.4b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Nineteen (19), Concession II, N.K.R., being a portion of Block 'A', Registered Plan M-376, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS


i) Mobile Home, Double-Wide:

Means a factory built dwelling unit designed as one dwelling unit, trans-ported or designed to be transported in two or more separate sections each on its own chassis and joined together to form one (1) dwelling unit and placed on a permanent foundation with or without a basement, and which may include additions or extensions thereto constructed on site, and being connected or designed to be connected to public utilities but shall not include a single-wide mobile home or travel trailer.

ii) Mobile Home, Single-Wide:

Means a factory built dwelling unit designed as one dwelling unit, having a floor area of not less than sixty-five (65) square metres, transported or designed to be transported on its own chassis, notwithstanding that its running gear is or may be removed, and placed, or designed to be placed on a permanent foundation, and which may include additions or extensions thereto constructed on site, and being connected or designed to be connected to public utilities, but shall not include a double-wide mobile home or a travel trailer.

b) REGULATIONS FOR A MOBILE HOME PARK

i) Minimum Front Yard:

6.0 metres

c) REGULATIONS FOR A PERMITTED USE WITHIN A MOBILE HOME PARK

i) Minimum Space Area:

double-wide mobile home:

450 square metres

ii) Minimum Space Frontage:

double-wide mobile home:

15 metres

iii) Minimum Front Yard:

The provisions of Section 18.3.3 shall continue to apply except in the case of Spaces 1, 2, 3, 33 and 34, as shown on EXHIBIT ONE to and forming part of this paragraph, in which case the minimum front yard shall be 6.0 metres.

iv) Minimum Side Yard:

The provisions of Section 18.3.4b) shall continue to apply except in the case of Spaces 1, 2, 3, 33 and 34, as shown on EXHIBIT ONE to and forming part of this paragraph, in which case the minimum side yard shall be 1.5 metres for each side.


ADDITIONS OR EXTENSIONS:

i) Mobile Home, Double-Wide:


Additions or extensions to the dwelling unit for purposes other than that of an attached garage or carport shall be permitted, provided however, that such additions or extensions do not exceed, in total, 15% of the gross floor area of the factory built unit.

ii) Mobile Home Single-Wide:

Additions or extensions to the dwelling unit for purposes other than that of an attached garage or carport shall be permitted provided that such additions or extensions do not exceed, in total, 25% of the gross floor area of the factory built unit.

iii) An addition or extension to the dwelling unit for the purpose of a private garage or carport shall be permitted and shall comply with all other provisions of this By-law.

(4) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph,

the following provision shall also apply:

i) no dwelling unit shall be permitted on the said lands."


"342 (1) NOTWITHSTANDING the provisions of Sections 4.227, 5.13.9b) and 32.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Twenty-seven (27) and Twenty-eight (28), Registered Plan W-740, saving and excepting Part One (1), Reference Plan 55R-7685 and Part One (1), Reference Plan 55R-8476,


a) DEFINITIONS

VARIETY STORE

Means a retail business with a maximum gross floor area of 275.0 square metres selling food and associated small household items and which may include as part of the retail business any or all of the following:

(1) the sale of vehicle fuel (not including propane), or lubricants and accessories, but where no provision is made for the repair or mainten-ance of vehicles and shall not include any other automotive use specifically defined in this By-law;

(2) the sale of prepared foods for consumption off the premises, provided the gross floor area devoted to such prepared foods does not exceed 10.0 square metres,

and for the purposes of this By-law, is deemed to be one main use.


The provisions of Section 5.13.9b) of this By-law shall continue to apply, except in the case of a variety store, in which case the following shall apply:


Variety Store 1 space for every 17 square metres of gross floor area


c) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, variety store shall also be permitted.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following shall apply:

a) A chain link fence with a minimum height of 1.6 metres shall be constructed and maintained along the full length of the east side lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Sixteen (16) and Seventeen (17), Block 2, Registered Plan Number 8, and Lots Four Hundred and Forty-nine (449) to Four Hundred and Fifty-two (452), Registered Plan M-89,


a) PERMITTED USES



"344 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L, 4-M, 5-L and 5-M, of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot 43, Registered Plan 547, and a portion of the abutting street allowance,


are hereby removed from the "Rl" - Residential One Unit Zone and designated as part of the "R2" - Residential One and Two Unit Zone."


"345 NOTWITHSTANDING the provisions of subparagraph (3) of paragraph "303" added by By-law 232-1990, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot One (1), Registered Plan 55M-534,


a) the minimum height of two (2) storeys and 8.0 metres and the minimum ground floor area of 600 square metres shall not apply."

(See also Paragraph "303"- By-law 232-1990)


BY-LAW 206-1991 As amended by OMB Order R 930216 - August 12, 1993

Effective Date: August 26, 1991

"346 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-K and 9-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 23, Registered Plan M-85; Lots 70 to 78, Block 1, Registered Plan M-38; Lots 17 to 23, Block 1, Registered Plan M-38, designated as Part 6, Reference Plan 55R-6930; portion of Lots 15 and 16, Block 1, Registered Plan M-38, designated as Part 7, Reference Plan 55R-6930; portion of street and lane allowances, Registered Plan M-38, designated as Parts 3, 4, 5 and 12, Reference Plan 55R-6930; and a portion of the abutting Gordon Street allowance,


are hereby removed from the "OS" - Open Space Zone and designated as part of the "RM2B" - Residential Multiple Medium Density Zone B."

(2) NOTWITHSTANDING any other provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 23, Registered Plan M-85; Lots 70 to 78, Block 1, Registered Plan M-38; Lots 17 to 23, Block 1, Registered Plan M-38, designated as Part 6, Reference Plan 55R-6930; portion of Lots 15 and 16, Block 1, Registered Plan M-38, designated as Part 7, Reference Plan 55R-6930; portion of street and lane allowances, Registered Plan M-38, designated as Parts 3, 4, 5 and 12, Reference Plan 55R-6930,


(a) Maximum Number of Dwelling Units:

A maximum of sixty-two (62) dwelling units, in two (2) buildings, each having a maximum of thirty-one (31) dwelling units, are permitted."

(b) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line."


"347 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 4-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot 180, Registered Plan 547, designated as Part One (1), Reference Plan 55R-8828, and a portion of the abutting street allowance,




(2) NOTWITHSTANDING the provisions of Sections 19.2.1, 19.2.2 and 19.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot 180, Registered Plan 547, saving and excepting Part One (1), Reference Plan 55R-8828,



2,500 square metres


17.5 metres

c) Minimum Interior Side Yard:

(i) where there is an attached garage or carport:

1.5 metres for each interior side yard;

(ii) where there is no attached garage or carport:

3.0 metres for one interior side yard and 1.5 metres for the other side yard."


"348 (1) NOTWITHSTANDING the provisions of Sections 5.13.9b) and 23.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots Five (5) to Ten (10) both inclusive, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 733,




The provisions of Section 5.13.9b) of this by-law shall continue to apply except where the building existing on the 9th day of September, A.D., 1991, is used for a shopping centre, in which case a minimum of 36 parking spaces shall be required.

b) PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, the following uses shall also be permitted:

- office

- public sauna."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, and more particularly described as Parts 11, 12, 13, 17, 18, 19 and the westerly 55.65 metres of Part 16, Reference Plan 55R-8515, and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, and more particularly described as Parts 14, 15 and 20 and the easterly 20.55 metres of Part 16, Reference Plan 55R-8515,



18.5 metres."

BY-LAW 242-1991 Effective Date: September 9, 1991 OMB ORDER R 920088 - August 17, 1992


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, and more particularly described as Parts 1, 2, 6, 7, 8 and 9, the westerly 42.95 metres of Part 5, Reference Plan 55R-8515, and a portion of the abutting street allowance, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Eight (8) according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number 371, and more particularly described as Parts 3, 4 and 10, and the easterly 15.36 metres of Part 5, Reference Plan 55R-8515,




6000 square metres


15.0 metres."


"351 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 1 to 44, Block 3, Registered Plan 54; Lots 1 to 5 and Lots 15 to 22, Block 4, Registered Plan 54; Lots 1 to 10, Block 15, Registered Plan 54; Lots 1 to 10, Block 16, Registered Plan 54; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "GC1" - General Commercial Zone 1 and the "LI" - Light Industrial Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 1 to 22, Block 2, Registered Plan 54; Lots 1 to 10, Lot 38 and the east 10 feet of Lot 37, Block 17, Registered Plan 54; Lots 1 to 18 and Lots 30 to 37, Block 18, Registered Plan 54; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "GC1" - General Commercial Zone 1 and the "R2" - Residential One and Two Unit Zone and designated as part of the "CBD" - Central Business District Zone.

(2) NOTWITHSTANDING the provisions of Sections 24.1 and 24.2.3 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 1 to 22, Block 5, Registered Plan 54; Lots 1 to 22, Block 6, Registered Plan 54; Lots 1 to 36, Block 7, Registered Plan 54; Lots 8 and 9, Block 8, Registered Plan 54; Lots 1 to 10, Block 9, Registered Plan 54; Lots 1 to 10, Block 10, Registered Plan 54; Lots 1 to 10, Block 11, Registered Plan 54; Lots 1 to 10, Block 12, Registered Plan 54; Lots 1 to 10, Block 13, Registered Plan 54; Lots 1 to 10, Block 14, Registered Plan 54; Lots 2 to 5 and Lots 9 to 12, Registered Plan 234; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph,


(a) PERMITTED USES

In addition to the uses listed in Section 24.1 of this By-law, retail workshop shall also be a permitted use.

(b) Minimum Interior Side Yard:

No interior side yard is required provided that:


(i) where any portion of a building facing the interior side lot line is not located on or does not directly abut such lot line or does not directly abut another building, such portion of the first mentioned building shall maintain a minimum setback of 1.0 metre from the interior side lot line;

(ii) where a use abuts a Residential Zone, then the minimum interior side yard abutting such Zone shall be 3.0 metres; and

(iii) where windows of a building face the interior side yard, then an interior side yard of 1.0 metre for each 3.0 metres, or portion thereof, of building height shall be provided.



FIRSTLY:

Lots 1 to 22, Block 2, Registered Plan 54; Lots 1 to 10, Lot 38 and the east 10 feet of Lot 37, Block 17, Registered Plan 54; Lots 1 to 18 and Lots 30 to 37, Block 18, Registered Plan 54; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, and

SECONDLY:

Lots 1 to 22, Block 1, Registered Plan 54; Lots 1 to 18 and Lots 21 to 25, Block 19, Registered Plan 54; part of school site, Registered Plan 54, designated as Part 1 to 5, Description Reference Plan 55R-2304 and Parts 1 to 3, Description Reference Plan 55R-5894; Part of Lots 1 to 4, Block A, Registered Plan 96, designated as Part 1, Description Reference Plan 55R-4001; Lots 5 to 8 and part of Lot 9, Block A, Registered Plan 96; Part of Lots 1 to 9, Block B, Registered Plan 96; Lots 71 to 80 and part of Lots 81 and 82, Registered Plan 84; Lot 1 and Lots 3 to 6, Registered Plan 55M-496; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT THREE to and forming part of this paragraph,


(a) PERMITTED USES

In addition to the uses listed in Section 28.1 of this By-law, retail workshop shall also be a permitted use.

(4) NOTWITHSTANDING the provisions of Sections 5.13.9a) and 5.13.9b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 1 to 22, Block 5, Registered Plan 54; Lots 1 to 22, Block 6, Registered Plan 54; Lots 1 to 36, Block 7, Registered Plan 54; Lots 8 and 9, Block 8, Registered Plan 54; Lots 1 to 10, Block 9, Registered Plan 54; Lots 1 to 10, Block 10, Registered Plan 54; Lots 1 to 10, Block 11, Registered Plan 54; Lots 1 to 10, Block 12, Registered Plan 54; Lots 1 to 10, Block 13, Registered Plan 54; Lots 1 to 10, Block 14, Registered Plan 54; Lots 2 to 5 and Lots 9 to 12, Registered Plan 234; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph.


SECONDLY:

Lots 1 to 22, Block 2, Registered Plan 54; Lots 1 to 10, Lot 38 and the east 10 feet of Lot 37, Block 17, Registered Plan 54; Lots 1 to 18 and Lots 30 to 37, Block 18, Registered Plan 54; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph.

THIRDLY:

Lots 1 to 22, Block 1, Registered Plan 54; Lots 1 to 18 and Lots 21 to 25, Block 19, Registered Plan 54; part of school site, Registered Plan 54, designated as Parts 1 to 5, Description Reference Plan 55R-2304 and Parts 1 to 3, Description Reference Plan 55R-5894; Part of Lots 1 to 4, Block A, Registered Plan 96, designated as Part 1, Description Reference Plan 55R-4001; Lots 5 to 8 and part of Lot 9, Block A, Registered Plan 96; Part of Lots 1 to 9, Block B, Registered Plan 96; Lots 71 to 80 and part of Lots 81 and 82, Registered Plan 84; Lot 1 and Lots 3 to 6, Registered Plan 55M-496; and portions of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT THREE to and forming part of this paragraph,


(a) DEFINITIONS

In this paragraph, "retail workshop" means a building or portion thereof which is used primarily for the carrying on of any manufacturing process from which a finished article results; and where the gross floor area devoted to the manu-facturing process does not exceed 300 square metres; and which may include the storage of goods in connection with or resulting from the manufacturing process; and which shall include a retail store with a minimum gross floor area of 10 square metres devoted to the sale of the goods resulting from the manufacturing process. Without limiting the generality of the foregoing, may include cabinet making, furniture making, upholstering and drapery making but shall not include any other use specifically defined in this By-law.

(b) Parking Spaces Required

Residential Uses:

The provisions of Section 5.13.9a) of this By-law shall continue to apply except in the case of dwelling units combined with a non-residential use, in which case a minimum of one (1) parking space per dwelling unit shall be required.

(c) Parking Spaces Required

Non-Residential Uses:

In addition to the requirements of Section 5.13.9b) of this By-law, the following shall apply:


Retail Workshop one space for every 37 square metres of gross floor area."


"353 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-N and 8-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being described as follows:

COMMENCING at a point Sixteen and five-tenths feet due East of the intersection of the North Limit of Donald Street with the West Limit of McVicar Street;


THENCE due South one hundred and ninety-and seven-tenths feet;

THENCE South sixty-two degrees and fifty-eight minutes East one hundred and thirty-eight feet;

THENCE North twenty-nine degrees, nine minutes East forty-five feet to the place of beginning;

THENCE from said place of beginning South twenty-nine degrees nine minutes West three hundred feet;

THENCE South seventy-three degrees twenty-nine minutes East to the water's edge of the Kaministikwia River;

THENCE Northerly along said water's edge to a point where the said water's edge intersects with a line passing through the said place of beginning with a bearing South seventy-three degrees twenty-nine minutes East;

THENCE North seventy-three degrees twenty-nine minutes West to the said place of beginning,

are hereby removed from the "RR" - Railway Zone and the "HL" - Hazard Land Zone and designated as part of the "OS" - Open Space Zone."


"354 NOTWITHSTANDING the provisions of Section 10.2.2(b)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Seven (7), Registered Plan W-685, SAVING AND EXCEPTING Parts One (1) and Two (2), Reference Plan 55R-7893,



20.0 metres"

BY-LAW 281-1991 Effective Date: October 28, 1991 OMB ORDER R 920183 - March 31, 1992


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 6 to 14, Block 4, Registered Plan W-54, and a portion of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "GC1" - General Commercial Zone 1 and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 5.13.9a) and 15.2.12 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


a) Parking Spaces Required:


In the case of an apartment dwelling that is developed and operated by a charitable or non-profit organization, recognized as such either by method of incorporation or by the Provincial or Federal Governments or a combination thereof, where accommodation is provided for persons who, by reason of their emotional, mental, social, physical and/or economic condition, require a group living arrangement and where 24 hour support care and day programs may be provided to prepare such persons for transition to an independent living arrangement, parking spaces shall be provided at a minimum of one space for every five dwelling units or portion thereof. Parking for any other residential use shall be provided in accordance with Section 5.13.9a).

b) Maximum Lot Coverage:

41%."

BY-LAW 298-1991 Effective Date: December 16, 1991 OMB ORDER R 920285 - June 7, 1993

"356 (1) NOTWITHSTANDING the provisions of Sections 4.143, 27.1(b), 27.2.1c) and 27.2.2c) of this By-law, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 6 to 9, Block 4, Registered Plan Number 8, designated as Part Two (2), Reference Plan 55R-5736,


a) DEFINITIONS

i) NON-COMPLYING USE

the single detached dwelling located on the said lands on the 16th day of December, A.D., 1991, shall be deemed to be a non-complying use.

b) PERMITTED USES

In addition to the uses listed in Section 27.1(b) of this By-law, single detached dwelling shall also be a permitted use.


645 square metres.


21.6 metres

(2) NOTWITHSTANDING the provisions of Sections 4.143, 27.1(b), 27.2.1c) and 27.2.2c) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 9 to 11, Block 4, Registered Plan Number 8, designated as Part Three (3), Reference Plan 55R-5736,

the following shall provisions shall apply:

a) DEFINITIONS

i) NON-COMPLYING USE


the single detached dwelling located on the said lands on the 16th day of December, A.D., 1991, shall be deemed to be a non-complying use.

b) PERMITTED USES

In addition to the uses listed in Section 27.1(b) of this By-law, single detached dwelling shall also be a permitted use.


500 square metres


16.7 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the Southeast Quarter Section 50, being more particularly described as Lot One (1) on a Plan to be registered and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

a) DEFINITION

SPECIAL NEEDS HOUSING DEVELOPMENT

Means an apartment dwelling developed and operated by a non-profit organization recognized as such either by method of incorporation or by the Provincial or Federal Governments or recognized by a combination thereof and which may include as part thereof the following uses:



(i) administrative offices for the non-profit organization and offices for the

programs and services offered by the non-profit organization;

(ii) a day nursery operated by the non-profit organization;

(iii) facilities for parking and dispatching transit vehicles operated by the non-profit

organization, but shall not include provisions for the servicing, maintenance

and/or repair of such vehicles;

and buildings, structures and uses accessory to all of the foregoing uses.

b) PERMITTED USES

In addition to the uses listed in Section 15.1 of this By-law, "Special Needs Housing

Development", as defined in this paragraph, shall be a permitted use.

c) For the purposes of Sections 15.2.1, 15.2.2, 15.2.5, 15.2.6, 15.2.10 and 15.2.11 of this

By-law, a special housing needs development shall be deemed to be an apartment

dwelling.

d) In addition to the provisions of Sections 5.12 and 5.13 of this By-law, the following

provisions shall also apply:

i) OFF-STREET LOADING SPACE REQUIREMENTS

Use:

Minimum Number of

Loading Spaces:

Special Needs Housing Development one space

ii) OFF-STREET PARKING REQUIREMENTS


a) The total parking space requirement for a special needs housing

development shall be the sum of the requirements for each separate use

within the special needs housing development use.

b) The parking spaces required for a special needs housing development

shall not include any parking spaces used or intended to be used for the

storage or parking of any transit vehicle operated by the non-profit

organization."


"358 NOTWITHSTANDING the provisions of Section 27.1 of this By-law, in the case of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying

and being in the City of Thunder Bay, in the District of Thunder Bay, and being

composed of the following lands:

FIRSTLY:

The whole of Lots 1 and 2 on Plan 792, in the City of Thunder Bay, in the District of

Thunder Bay.

SECONDLY:

Those portions of Lots Three (3) and Four (4), according to Plan 792, which are more

particularly described as follows:


LOT 3

COMMENCING at a point in the westerly limit of the said Lot 3 distant 17

feet measured northerly thereon from the southwest angle of the said Lot 3;

THENCE north 62 degrees, 21 minutes east along a line joining the point of

commencement with a point in the easterly limit of Lot 4 distant 5 feet

measured southerly thereon from the north east angle of Lot 4 a distance of

139.47 feet more or less to the division line between Lots 3 and 4;

THENCE north 55 degrees, 25 minutes east along the line dividing Lots 3 and

4 a distance of 40.94 feet more or less to the most easterly limit of the said Lot

3 (being the west limit of Red River Road);

THENCE northerly along the east limit of the said Lot 3 to the northeast angle

thereof;

THENCE westerly along the northerly limit of the said Lot 3 to the northwest

angle thereof;

THENCE southerly along the west limit of the said Lot to the point of

commencement;

LOT 4

COMMENCING at a point in the easterly limit of the said Lot 4 distant 5 feet

measured south 19 degrees and 7 minutes east thereon from the northeast angle

of the said Lot;

THENCE south 62 degrees 21 minutes west along the line joining the point of

commencement with a point in the west limit of Lot 3 distant 17 feet measured

northerly thereon from the southwest angle of the said Lot 3 a distance of

39.92 feet more or less to the division line between Lots 3 and 4;

THENCE north 55 degrees, 25 minutes east along the division line between

Lots 3 and 4 a distance of 40.94 feet to the northeast angle of said Lot 4;

THENCE south 19 degrees, 7 minutes east along the easterly limit of the said

Lot 4, 5 feet to the point of commencement.

THIRDLY:

FIRSTLY:

That portion of Lot 3 according to Plan 806 in the City of Thunder Bay, in the

District of Thunder Bay and being more particularly described as follows:

COMMENCING at the most southerly angle of the said Lot;

THENCE Northwesterly along the Southwesterly limit of the said Lot to the

point therein which is distant Sixty-three and Sixty-one One-hundredths

(63.61) feet measured Northwesterly at right angles from the Southeasterly

limit of Lot 4, according to the said Plan;

THENCE Northeasterly parallel to the South easterly limit of the said Lot 3, to

a point in the North Easterly limit of the said Lot which is also the

Northwesterly limit of Red River Road;

THENCE Southeasterly along the said last-mentioned limit to the most

easterly angle of the said Lot;

THENCE Southwesterly along the Southeasterly limit of the said Lot to the

point of commencement;


SECONDLY:

The whole of Lot 4 according to Plan 806, in the City of Thunder Bay, in the

District of Thunder Bay,


PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, "office" shall be a

permitted use."


"359 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-K

and 7-L of this By-law, the lands and premises being more particularly described as

follows, namely:



composed of Block I, Registered Plan M-324 and a portion of the abutting street

allowance, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming

part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and

designated as part of the "OS" - Open Space Zone.

(2) NOTWITHSTANDING the provisions of Section 5.13.9b) of this By-law, in the case

of the lands and premises being more particularly described as follows, namely:


and being in the City of Thunder Bay, in the District of Thunder Bay, in the District of

Thunder Bay, and being composed of Block I, Registered Plan M-324,


a) The provisions of Section 5.13.9b) shall continue to apply except in the case of

a park for passive leisure activity or a play lot with activity equipment for

children, which may include an unsupervised ice rink and a sportsfield

intended for unorganized childrens' activities, in which cases there shall be no

minimum number of parking spaces required."


"360 (1) NOTWITHSTANDING the provisions of Section 23.1 of this By-law, in the case of



and being in the City of Thunder Bay, in the District of Thunder Bay and being

composed of Lots 336 to 340, 413 to 419, 425 to 427, part of Lot 335 and parts of

lanes, closed by By-laws Numbered 3624 and 4706, Registered Plan WM-31, more

particularly described as Part 1 of Reference Plan 55R-8488,


PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, "office" shall be a

permitted use.

(2) Notwithstanding any other provision of this By-law to the contrary, and in addition to

all other provisions of this By-law, in the case of the lands and premises described in

subparagraph (1) of this paragraph, the balconies of the building existing on the 27th

day of January, A.D., 1992, shall be permitted to remain in their present locations."



"361 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-O

and 4-O of this By-law, the lands and premises being more particularly described as

follows, namely:



composed of Lots 19 to 32, a portion of the lane allowance, Block 52; part of Allen

Avenue; Lots 5 to 32, a portion of the lane allowance, Block 53; part of Cain Avenue;

and Lots 5 to 16, Block 54; all within Registered Plan M-25, more particularly

described as Parts One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7)

and Eight (8), Reference Plan 55R-6729, and a portion of the abutting lane and street

allowances, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming

part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and "OS" - Open

Space Zone and designated as part of the "RM2A" - Residential Multiple Medium

Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 4.59(l), 4.120, 4.124, 5.5, 15.2.6b)

and 15.2.9 of this By-law, in the case of the lands and premises being more

particularly described as follows, namely:


and being in the City of Thunder Bay, in the District of Thunder Bay, in the District of

Thunder Bay, and being composed of Lots 19 to 32, a portion of the lane allowance,

Block 52; part of Allen Avenue; Lots 5 to 32, a portion of the lane allowance, Block

53; part of Cain Avenue, and Lots 5 to 16, Block 54; all within Registered Plan M-25,

more particularly described as Parts One (1), Two (2), Three (3), Four (4), Five (5),

Six (6), Seven (7) and Eight (8), Reference Plan 55R-6729,


a) DEFINITIONS

i) Senior Citizen Dwelling:

Means an apartment or townhouse dwelling providing accommodation

for persons with an average age of 60 years and over in each dwelling

unit and with such apartment or townhouse dwelling developed and

operated by a charitable or non-profit organization recognized as such

either by method of incorporation or by the Provincial or Federal

Governments or a combination thereof and which may include a

common dining room for the provisions of meals for the occupants of

the said dwelling units.

ii) LOT FRONTAGE

Means the length of the front lot line.

iii) LOT LINE, FRONT

Means the lot line abutting the easterly limit of the unnamed street

allowance on Registered Plan M-25, commonly known as County

Boulevard.

b) HAZARD LAND

No building or structure used for human habitation shall be located closer than

3.0 metres to the boundary of any Hazard Land Zone.


c) The provisions of Section 15.2.6b) of this By-law shall continue to apply,

except in the case of the senior citizen dwelling existing on the 27th day of

January, A.D., 1992, in which case the minimum interior side yard shall be 2.0

metres.


The provisions of Section 15.2.9 of this By-law shall continue to apply, except

in the case of a senior citizen dwelling, in which case the minimum rear yard

shall be 3.0 metres.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of

the lands and premises described in subparagraph (2) of this paragraph, an enclosed

corridor connecting a senior citizen dwelling to another senior citizen dwelling shall

be permitted within a required interior side yard."


"362 NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands

and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and

being in the City of Thunder Bay in the District of Thunder Bay, and being composed of a

portion of Lot Ten (10) and the whole of Lot Eleven (11), according to a Plan of Subdivision

registered in the Registry Office for the Registry Division of Thunder Bay as Number 261,

the said portion of Lot Ten (10) being more particularly described as follows:

COMMENCING at the North West angle of the said Lot;

THENCE Easterly along the North limit of the said Lot, 4 feet;

THENCE Southerly parallel to the West limit of the said Lot, 120 feet, more or less, to the

Southerly limit of the said Lot;

THENCE Westerly along the Southerly limit of the said Lot 4 feet, to the South West angle of

the said Lot;

THENCE Northerly along the West limit of the said Lot 120 feet, to the point of

commencement,

the building municipally known as 455 Oliver Road existing on the 10th day of February,

A.D., 1992, shall be permitted to contain a maximum of six (6) dwelling units. Nothing in

this By-law shall prevent the strengthening or restoration to a safe condition of all or part of

the said building, provided such repair or restoration does not increase the height, size or

volume of the said building."


"363 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K,

4-L, 5-K and 5-L of this By-law, the lands and premises being more particularly

described as follows, namely:



composed of a portion of Lot Nineteen (19), Registered Plan Number 371, designated

as Parts One (1) and Two (2), Reference Plan 55R-8927,

are hereby removed from the "RE" - Residential Estate Zone and the "HL" - Hazard

Land Zone and designated as part of the "RE-F" - Residential Estate Zone - Land

Susceptible to Flooding.

(2) NOTWITHSTANDING the provisions of Section 9.2.2 of this By-law, in the case of

the lands and premises described in subparagraph (1) of this paragraph,




40 metres

(3) NOTWITHSTANDING the provisions of Section 9.2.1 of this By-law, in the case of




composed of a portion of Lot Nineteen (19), Registered Plan 371, designated as Part

Five (5), Reference Plan 55R-8927,



6000 square metres.

(4) NOTWITHSTANDING the provisions of Sections 5.13.9b), 9.1 and 9.2.3 of this By-

law, in the case of the lands and premises being more particularly described as

follows, namely:



composed of a portion of Lot Nineteen (19), Registered Plan Number 371, designated

as Parts Three (3) and Four (4), Reference Plan 55R-8927,


a) DEFINITIONS

i) NURSERY/GREENHOUSE

Means the use of land, buildings and/or structures, for the growing,

receiving, storing, on-site retailing or off-site distribution of seedlings,

trees, shrubs and/or plants, and may include associated warehousing

and related administrative offices, and the sale of garden utilities and

supplies, lawn furniture and other goods and supplies normally

associated with a nursery operation.

ii) MAIN BUILDING

Means the interconnected nursery/greenhouse/ retail building existing

on the 24th day of February, A.D., 1992 where bedding-out plants are

available for viewing and sale.


The provisions of Section 5.13.9b) of this By-law shall continue to apply and,

in addition, the following shall also apply:

Use

Minimum Number of

Parking Spaces Required

Nursery/Greenhouse 1 space for every 37 square metres of gross floor

area of the main building

c) PERMITTED USES

i) In addition to the uses listed in Section 9.1 of this By-law,

Nursery/Greenhouse shall also be a permitted use.


d) Minimum Front Yard:

5.30 metres for existing building only.

e) A buffer or restricted building area where no habitable buildings shall be

located shall be maintained for a minimum distance of 18 metres immediately

west of the main building and in no case shall be less than 18 metres from the

closest westerly lot line to the main building.

(5) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition

to all other provisions of this By-law, in the case of the lands and premises described

in subparagraph (1) of this paragraph, the following provision shall apply:

a) No building or structure shall be located closer than 15.0 metres to the centre

line of the McIntyre River."


"364 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K,

4-L, 5-K and 5-L of this By-law, the lands and premises being more particularly




composed of Lots 84, 85, 128 and 129, Registered Plan 547; portions of Lots 2 to 5, 7

to 10, 36 to 46, 48 to 56, Registered Plan 624; and portions of the abutting street

allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and

forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as

part of the "R2" - Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.123, 4.126, and 13.2.3 of this

By-law, in the case of the lands and premises described in subparagraph (1) of this

paragraph,


a) DEFINITIONS

The provisions of Sections 4.123 and 4.126 shall continue to apply except:

(i) Where the zone boundary is opposite to the side lot line, the zone

boundary shall be deemed to be an exterior side lot line for the

purposes of this By-law.

(ii) Where the zone boundary is opposite to the front lot line, the zone

boundary shall be deemed to be the rear lot line for the purposes of this

By-law.

b) Notwithstanding any provision of this By-law to the contrary, only lands which

are in the "R2" - Residential One and Two Unit Zone may be used to satisfy

the minimum requirements of this By-law for uses in the "R2" Zone.

c) Minimum Lot Depth

The lot depth shall be equal to the depth of the "R2" Zone on the lot."

BY-LAW 71-1992

Amended by By-law 25-1993

Effective Date: March 9, 1992

OMB ORDER R 920453 - December 14, 1995

"365 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K, 4L and

5K of this By-law, the lands and premises being more particularly described as follows,

namely:

B - 247 April/August 2007


being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a

portion of Lots 1 and 9, Registered Plan 267; the whole of Lots 13 and 14, Registered Plan

371; and a portion of the abutting street allowances; all shown as "PROPERTY

LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the

"RE" - Residential Estate Zone."


OMB ORDER R920454 - December 14, 1995

"366 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4L, 4M, 5L

and 5M of this By-law, the lands and premises being more particularly described as follows,

namely:



portion of the Pioneer Drive street allowance; a portion of the Masters Street street allowance;

a portion of the Hutton Park Drive street allowance; a portion of the John Street Road street

allowance; a portion of the Keefer Street street allowance; a portion of the Mercier Street

street allowance; a portion of the Chercover Drive street allowance; a portion of the Wasco

Drive street allowance; a portion of the Thunder Bay Expressway (Highway 11 and 17) street

allowance and a portion of the Younger Street street allowance; and the whole of the Cherry

Ridge Road street allowance; the whole of the Cross Street street allowance; and the whole of

the Timberline Drive street allowance; all shown as "PROPERTY LOCATION" on EXHIBIT

ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the

"R1" - Residential One Unit Zone."



"367 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K,

4L, 5K and 5L of this By-law, the lands and premises being more particularly




composed of a portion of Lots 10, 12, 13, 22 to 36 inclusive, 49 and 50, and the whole

of Lot 11, Registered Plan 624; a portion of Lots 8, 11 and 18, Registered Plan 371; a

portion of Lot 22, Registered Plan 547; and a portion of the abutting street allowances;

all shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on

EXHIBIT ONE to and forming part of this paragraph,


part of the "R2-H" - Residential One and Two Unit Zone - Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K

and 5K of this By-law, in the case of the lands and premises being more particularly




composed of a portion of Lot 17, Registered Plan 371, shown as "PROPERTY


are hereby removed from the "RF1-F" - Residential Future Zone 1 - Lands Susceptible

to Flooding and designated as part of the "R2-F-H" - Residential One and Two Unit

Zone - Lands Susceptible to Flooding - Holding.


(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the

"H" symbol is removed from the lands described in subparagraphs (1) and (2) of this

paragraph in accordance with Section 36 of the Planning Act, the following provisions

shall apply:

(a) PERMITTED USES

(i) Buildings, structures or uses legally existing on the 9th day of March,

A.D., 1992;

(ii) Buildings, structures or uses accessory to a use permitted in this

Section, whether legally existing on the 9th day of March, A.D., 1992,

or hereafter erected, in accordance with the provisions of Section 5.2 of

this By-law.

b) Additions or Extensions to a Main Building:

(i) The total gross floor area of a main building shall not be increased by

more than 10% of the gross floor area of the said building existing on

the 9th day of March, A.D., 1992;

(ii) Any addition or extension to a main building shall comply with the

following provisions:

(a) Minimum Front and Rear Yard:

A combined front and rear yard of not less than 15.0 metres

shall be maintained, provided however, that a minimum front

yard and a minimum rear yard of 6.0 metres each shall be

required. If a lot has no rear lot line then a minimum front yard

of 7.5 metres shall be maintained.

(b) Minimum Exterior Side Yard:

3.0 metres for each exterior side yard

(c) Minimum Interior Side Yard:

(i) where rear access is provided or there is an attached

garage or carport or there is an exterior side yard:


(ii) where there is no rear access provided and there is no

attached garage or carport and there is no exterior side

yard:

3.0 metres for one interior side yard and 1.5 metres for

the other interior side yard.

(d) Maximum Height:

10.0 metres."

*NOTE:

- "H" symbol = municipal piped water and sanitary sewers

- By-law 20-1996 amends By-law 73-1992, Paragraph "367" removes H-symbol







As amended by OMB ORDER R 920456

- December 14, 1995

"368 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K,

4L, 4M, 5K, 5L and 5M of this By-law, the lands and premises being more




composed of a portion of Lots 11 and 12, Registered Plan 371; a portion of Lots 2 to 5

inclusive, 7 to 10 inclusive, 12, 13, 22 to 56 inclusive, and the whole of Lots 16 to 21

inclusive, Registered Plan 624; a portion of Lots 7 and 8, Registered Plan 371; a

portion of Lots 18 to 22 inclusive, 39 to 45 inclusive, 61 to 75 inclusive, 96 to 106

inclusive, 115 to 117 inclusive, 138 to 144 inclusive, 153 to 159 inclusive, 166, 167,

180 and 182, the whole of Lots 16, 17, 29 to 32 inclusive, 92 to 95 inclusive, 118 to

121 inclusive, 168, 169, 176 to 179 inclusive and 181, Registered Plan 547; a portion

of the Northwest Quarter of Section 40; a portion of the Northeast Quarter of Section


LOCATION" on EXHIBIT ONE and EXHIBIT TWO to and forming part of this

paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1, the "R1" -

Residential One Unit Zone and the "R2" - Residential One and Two Unit Zone and

designated as part of the "R2-H" - Residential One and Two Unit Zone - Holding.


"H" symbol is removed from the lands described in this paragraph in accordance with

Sectån 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES


A.D., 1992;




this By-law.

(b) Additions or Extensions to a Main Building:



the 9th day of March, A.D., 1992.




A combined front and rear yard of not less than 15.0 metres

shall be maintained, provided however, that a minimum front

yard and a minimum rear yard of 6.0 metres each shall be

required. If a lot has no rear lot line then a minimum front yard

of 7.5 metres shall be maintained.










yard:



(d) Maximum Height

10.0 metres."

*NOTE:

- "H" Symbol = develop by Plan of Subdivision with services

- By-law 90-1993 passed subsequently and rezones a property. See Para. "390".



- By-law 91-1997 amends By-law 74-1992, Paragrapyh "368", removes H-symbol.

- By-law 132-1997 amends By-law 74-1992 removes H-symbol.

- By-law 159-1997 amends By-law 74-1992, Paragraph "368", removes H-symbol.

- B-law 170-1998 amends By-law 74-1992, Paragraph "368", removes H-symbol

- By-law 142-1999 amends By-law 74-1992, Paragraph "368", removes H-symbol











"369 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4L,

4M, 5L and 5M of this By-law, the lands and premises being more particularly




composed of a portion of Lots 46, 48, 60 to 62 inclusive, and 152, the whole of Lots

47, 49 to 51 inclusive, 150 and 151, Registered Plan 547; and a portion of the abutting

street allowances; all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and


are hereby removed from the "R1" - Residential One Unit Zone and designated as part

of the "RM2A-H" - Residential Multiple Medium Density Zone A - Holding.




Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES


A.D., 1992;




this By-law.




the 9th day of March, A.D., 1992;




7.5 metres


7. 5 metres

(c) Minimum Exterior Side Yard:

3.0 metres

(d) Minimum Interior Side Yard:






yard:



(e) Maximum Height:

10.0 metres."

*NOTE: “H” Symbol = property consolidation and orderly development

NOTE: By-law 004-2011 amends By-law 75-1992 Paragraph “369” removes H-symbol



"370 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K, 4L, 5K

and 5L of this By-law, the lands and premises being more particularly described as follows,

namely:




portion of Lot 8, Registered Plan 371; and a portion of the abutting street allowances; all

shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this

paragraph,

are hereby removed from the "RC2" - Rural Commercial Zone 2 and designated as part of the

"NC2" - Neighbourhood Commercial Zone 2."



"371 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4M and 5M

of this By-law, the lands and premises being more particularly described as follows, namely:


being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the

whole of Lots 52 to 56 inclusive, and a portion of Lot 57, Registered Plan 547; and a portion

of the abutting street allowances; all as shown as "PROPERTY LOCATION" on EXHIBIT


are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and the "R1" -

Residential One Unit Zone and designated as part of the "GC2" - General Commercial

Zone 2."



"372 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4L

and 5L of this By-law, the lands and premises being more particularly described as

follows, namely:



composed of the whole of Lots 77 to 80 inclusive, 87 to 90 inclusive, Registered Plan


LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


part of the "GC2-H" - General Commercial Zone 2 - Holding.



Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES


A.D., 1992;




this By-law.




the 9th day of March, A.D., 1992.





10.0 metres


7.5 metres except where the rear lot line abuts a street

allowance, then a minimum rear yard of 10.0 metres shall be

required.


10.0 metres


3.0 metres

(e) Maximum Height:

11.0 metres."

*NOTE:

- "H" Symbol = property consolidation and orderly development


"373 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4L, 5L and

5M of this By-law, the lands and premises being more particularly described as follows,

namely:



portion of the H.E.P.C. right-of-way being the whole of Lots 28, 33, 81, 86, 127, 132, 165

and 170, Registered Plan 547, and a portion of the Northeast Quarter of Section 41; a portion

of the H.E.P.C. right-of-way being of the whole of Lots 23, 38, 76, 91, 122, 137, 160, 175,

190 and 205, Registered Plan 547, and a portion of the Northeast Quarter of Section 41; a

portion of the Northeast Quarter of Section 41; the whole of Lots 7 and 8, and a portion of

Lots 5 and 6, Registered Plan 547, designated as Part 1, Reference Plan 55R-6342; a portion

of Lots 4 and 5, Registered Plan 547; and a portion of the abutting street allowances; all

shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this

paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and the "R1" - Residential

One Unit Zone and designated as part of the "OS" - Open Space Zone."


"374 (1) NOTWITHSTANDING the provisions of Sections 4.140b and 5.23.1iv)2) of this By-

law, in the case of the lands and premises being more particularly described as

follows, namely:



composed of a portion of Lots Fifty-two (52) and Fifty-three (53), Block "N",

Registered Plan W-70, more particularly described as follows:


FIRSTLY:

The Westerly Sixty-two (W.62') feet of Lot Fifty-two (52) of even width throughout

from front to rear, saving and excepting thereout and therefrom the Southerly Twenty-

five (S.25') feet of even width throughout from front to rear thereof and the Southerly

Twenty-two (S.22') feet of even width throughout from front to rear of the Westerly

Sixty-two (W.62') feet of even width throughout from front to rear of Lot Fifty-three

(53), both Lots being situate in Block "N", according to a Plan registered in the

Registry Office for the Registry Division of the District of Thunder Bay as Number

W-70.

SECONDLY:

The South Twenty-five feet of the West Sixty-two feet of Lot Fifty-two (S.25' of the

W.62' of Lot 52), saving and excepting lane taken by the Corporation of the City of

Thunder Bay by registered By-law (if any), in Block N, in the Oliver Davidson and

Company Addition, in the said City of Thunder Bay, according to a Plan registered in

the Registry Office for the Registry Division of the District of Thunder Bay as

Number W-70,


a) DEFINITIONS

NEIGHBOURHOOD BAKE SHOP

Means a retail store which sells baked goods, which may include cabbage rolls

and perogies, on the premises for consumption off the premises with such

baked goods being made on or off the premises, but shall not include a

community bake shop, a bakery, or a restaurant.

b) UNDERSIZED LOTS

The rear yard requirement may be reduced to 20% of the lot depth; and, in the

case of a single detached dwelling, the combined front and rear yard require-

ment may be reduced to 50% of the lot depth.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of

the lands and premises described in subparagraph (1) of this paragraph,

the building municipally known as 1326 Brown Street existing on the 23rd day of

March, A.D., 1992, shall be permitted to contain a maximum of three (3) dwelling

units; or a maximum of two (2) dwelling units and one of the following commercial

uses:

(i) dry-cleaning depot,

(ii) neighbourhood bake shop,

(iii) personal service shop,

provided that the gross floor area devoted to the commercial use shall not

exceed 55 square metres. Nothing in this By-law shall prevent the strength-

ening or restoration to a safe condition of all or part of the said building,

provided such repair or restoration does not increase the height, size or volume

of the said building."


"375 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-L of

this By-law, the lands and premises being more particularly described as follows,

namely:




composed of a portion of Mining Location R-1, and a portion of Lot 12, Registered

Plan 371, being more particularly described as a portion of Part One (1), Reference

Plan 55R-9009, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and


are hereby removed from the "RF1" - Residential Future Zone 1 and the "RE" -

Residential Estate Zone and designated as part of the "R1" - Residential One Unit

Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K

and 4-L of this By-law, in the case of the lands and premises being more particularly




composed of a portion of Mining Location R-1, being more particularly described as a

portion of Part One (1), Reference Plan 55R-9009, shown as "PROPERTY


are hereby removed from the "RE" - Residential Estate Zone and designated as part of

the "RM2B" - Residential Multiple Medium Density Zone B."


"376 NOTWITHSTANDING the provisions of Sections 5.12, 5.13 and 27.1(b) of this By-law, in

the case of the lands and premises being more particularly described as follows, namely:


being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots

1018 to 1026, Registered Plan W-357, the following provisions shall apply:

a) The provisions of Sections 5.12 and 5.13 of this By-law shall continue to apply except

where the building existing on the 8th day of June, A.D., 1992, is used for a shopping

centre, in which case the loading space, parking spaces and all related parking aisles

and driveways existing on the effective date of this By-law shall be maintained.

b) PERMITTED USES

In addition to the uses listed in Section 27.1(b) of this By-law, "Canadian Cancer

Society office having a maximum gross floor area of 200 square metres", shall be a

permitted use.

c) Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of all or part of the building existing on the 8th day of June, A.D., 1992,

provided such repair or restoration does not increase the height, size or volume of the

said building."


"377 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-I of this By-

law, the lands and premises being more particularly described as follows, namely:



portion of Mining Location "F", more particularly described as the Southerly One Hundred

and Eight (108) metres of Part One (1), Reference Plan 55R-2842, and a portion of the

abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and


are hereby removed from the "RU" - Rural Area Zone and designated as part of the "RE" -

Residential Estate Zone."



"378 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map of this By-

law, the lands and premises being more particularly described as follows, namely:



portion of Lot One (1), Registered Plan Number 624, more particularly described as Parts 6

and 7, Reference Plan 55R-8302, and a portion of the abutting street allowance (including a

portion of Part 9, Reference Plan 55R-8302),

all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this

paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the

"R2" - Residential One and Two Unit Zone."


"379 NOTWITHSTANDING the provisions of Sections 4.79a) and 27.1 of this By-law, in the case

of the lands and premises being more particularly described as follows, namely:


being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots

3, 4, 27 and 28, Registered Plan M-177,


a) DEFINITIONS

i) FURNITURE SHOWROOM

Means a store, exceeding a gross floor area of 460 square metres, where

furniture is displayed, stored and offered or kept for sale at retail and/or

wholesale.

ii) AUTOMOTIVE STEREO SALES ESTABLISHMENT

Means the use of land, or building, or structure, for the display and sales of

automotive stereo equipment and shall include facilities for the installation of

such equipment, and may include the display and sales of home video and

stereo equipment. For the purpose of this By-law, such use is deemed to be an

automotive service station.

b) Permitted Uses:

In addition to the uses listed in Section 27.1 of this By-law, the following uses are

permitted:

(i) automotive stereo sales establishment;

(ii) furniture showroom."


"380 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-N of


namely:



composed of Lots 63 and 64, Plan M-52 and a portion of the abutting street and lane

allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and



are hereby removed from the "LIP" - Light Industrial Park Zone and designated as

part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.141, 5.13.4, 5.13.9b), 5.14.1a),

27.2.3, 27.2.4 and 27.2.5 of this By-law, in the case of the lands and premises being

more particularly described as follows, namely:



composed of:

FIRSTLY:

Lots 18, 63 and 64, Plan M-52.

SECONDLY:

Part of Lot 17 lying south of a line drawn parallel to and distant 25 feet southerly from

the northerly limit of the said Lot, Plan M-52.

THIRDLY:

Part of lane allowance, Plan M-52, closed by By-law Number 179-1991, designated as

Part 1, Reference Plan 55R-8707,


a) DEFINITIONS

NEIGHBOURHOOD CLINIC

Means a building or part thereof used in the professional practice of not more

than four doctors, dentists or drugless practitioners for the purpose of

consultation, diagnosis or treatment, but shall not include a pharmacy or

laboratory accessory to the clinic, but may include the sale of prescription

lenses, eyeglass frames and related optical products to the patients of an

optometrist practicing in the clinic.

b) Dimensions of Parking Spaces:

The provisions of Section 5.13.4 of this By-law shall continue to apply except

in the case of the building existing on the 22nd day of June, A.D., 1992, in

which case a parking space shall have minimum rectangular dimensions of 2.7

metres by 6.0 metres, subject to the exceptions set out in subsections a), b), c),

and d) of Section 5.13.4 of this By-law.

c) Parking Spaces Required:

The provisions of Section 5.13.9b) of this By-law shall continue to apply

except where the building existing on the 22nd day of June, A.D., 1992, is

used as a shopping centre, in which case a minimum of one parking space for

every 21.0 square metres of gross retail floor area shall be provided.



The provisions of Section 5.14.1a) of this By-law shall continue to apply

except in the case of the building existing on the 22nd day of June, A.D., 1992,

the eaves of which shall be permitted to project a maximum of 1.4 metres into

any required yard.


e) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, "retail warehouse

legally existing on the 22nd day of June, A.D., 1992, is a permitted use,

provided however, there shall be no increase in the gross floor area occupied

by such use after the effective date of this By-law.

f) Minimum Front Yard, Exterior Side Yard and Interior Side Yard

The provisions of Sections 27.2.3, 27.2.4 and 27.2.5 of this By-law shall

continue to apply except in the case of the building existing on the 22nd day of

June, A.D., 1992, which shall be permitted to remain in its present position

while maintaining a minimum front yard of 6.2 metres; a minimum exterior

side yard of 9.6 metres; and a minimum interior side yard of 2.7 metres.

g) Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of all or part of the building existing on the 22nd day of June, A.D.,

1992, provided such repair or restoration does not increase the height, size or

volume of the said building."


OMB ORDER R 920537 - January 31, 1974

"381 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-N of


namely:



composed of Lots 7 to 11, Registered Plan Number 634, and a portion of the abutting

street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT


are hereby removed from the "R2" - Residential One and Two Unit Zone and

designated as part of the "HC" - Highway Commercial Zone.



composed of Lots 7 to 11, Registered Plan Number 634, and a portion of the abutting

street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT


are hereby removed from the "R2" - Residential One and Two Unit Zone and

designated as part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.124, 5.1, 5.13.1a), 27.1, 27.2.4,

and 27.2.10 of this By-law, in the case of the lands and premises being more




composed of the following:

FIRSTLY:

Lots 4, 28 to 35, Registered Plan Number 634.

SECONDLY:

All of Lot 5 as shown on Registered Plan 634 in the Geographic Township of

McIntyre, now in the City of Thunder Bay, in the District of Thunder Bay saving and

excepting that portion as shown on Department of Highways Plan P-2268, Instrument

Number 6305 and more particularly described as follows:

Beginning at the most northerly corner of Lot 5, Registered Plan 634.


Thence S 6133'E along the northeasterly limit of Lot 5, 36.10 feet to the point of

commencement.

Thence continuing S 6133'E along the northeasterly limit of Lot 5, 48.03 feet to the

most easterly corner of Lot 5.

Thence S 5512'W along the line between Lots 5 and 6, 2.26 feet to a point.

Thence N 5905'30"W, 47.12 feet to the point of commencement.

THIRDLY:

All of Lot 6 as shown on Registered Plan 634 in the Geographic Township of

McIntyre, now in the City of Thunder Bay in the District of Thunder Bay saving and

excepting those portions described as follows:

Firstly:

That portion of Lot 6 as shown on Department of Highways Plan P-2268,

Instrument Number 6305 and more particularly described as follows:

Commencing at the most northerly corner of Lot 6, Registered Plan 634.

Thence S 6133'E along the northeasterly limit of Lot 6, 84.13 feet to the most

easterly corner.

Thence S 5512'W along the limit of Dublin Avenue 6.23 feet.

Thence N 5905'30"W, 82.63 feet to a point in the limit between Lots 5 and 6.

Thence N 5512'E along the said limit, 2.26 feet to the point of

commencement.

Secondly:

Saving and excepting that portion of Lot 6, Registered Plan 634 shown as Part

18 on a Plan registered in the Registry Office for the District of Thunder Bay

as Plan 55R-9052.

FOURTHLY:

The lanes in-between Lots 4 to 6, and 28 to 35, Registered Plan 634, stopped up and

closed by Judge's Order.

FIFTHLY:

Part of Dublin Avenue as shown on Registered Plan 634 in the Geographic Township

of McIntyre, now in the City of Thunder Bay, in the District of Thunder Bay

described as follows:

Beginning at the most northerly corner of Dublin Avenue, said point also being the

most easterly corner of Lot 6, Registered Plan 634.

Thence S 5504'40"W along the northerly limit of Dublin Avenue 7.444 metres to the

south west corner of Part 18 on Plan 55R-9052 being the point of commencement.

Thence continuing S 5504'40"W along the said limit of Dublin Avenue 124.922

metres more or less to a point measured 60.957 metres northerly along the said limit

from the most southerly corner of Lot 28, Registered Plan 634.

Thence S 3458'50"E, 20.117 metres to southerly limit of Dublin Avenue, said point

also being the most westerly corner of Lot 11, Registered Plan 634.

Thence N 5504'35"E along the south easterly limit of Dublin Avenue 117.043 metres

more or less to a point.


Thence continuing along the said limit N 5506'20"E, 10.526 metres to a point.

Thence north westerly along a curve to the left having a radius of 232.000 metres,

20.299 metres arc measurement, on a chord distance and bearing of 20.292 metres, N

4232'04"W, to the point of commencement.

SIXTHLY:

Part of Dublin Avenue as shown on Registered Plan 634 in the Geographic Township

of McIntyre, now in the City of Thunder Bay, in the District of Thunder Bay more

particularly described as Part 16 on a plan registered in the Registry Office for the

District of Thunder Bay as Plan 55R-9052.

SEVENTHLY:

Lots 8 to 11, Registered Plan 634;


a) DEFINITIONS

i) GROSS LEASABLE AREA

Means the total floor area of a building measured from the exterior

faces of the exterior walls, designed for the occupancy and exclusive

use of the owner and/or tenant, including basements, mezzanines and

upper floors.

ii) LOT LINE, FRONT

Means the lot line abutting the Highway 102 street allowance.

b) ACCESS REGULATIONS

The provisions of Section 5.1 shall continue to apply except in the case of a

driveway access to Dublin Avenue which may be located a minimum of 5.6

metres from Walkover Street.

c) Access to Parking Areas and Spaces:

The provisions of Section 5.13.1a) shall continue to apply except the

maximum width of a driveway shall be 12.0 metres.

d) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, food store having a

maximum gross leasable area of 5200 square metres is a permitted use.

e) Minimum Exterior Side Yard:

Section 27.2.4 of this By-law shall continue to apply, except in the case of a

food store, in which case no minimum exterior side yard is required.

f) Buffering:

The provisions of Section 27.2.10 shall continue to apply and in addition a

privacy fence with a minimum height of 1.6 metres and a buffer strip shall be

constructed and maintained adjacent to the property line abutting Walkover

Street between a point 6.0 metres from the lot line abutting Strand Avenue and

a point 6.0 metres from the lot line abutting Dublin Avenue; and adjacent to

the southerly limit of Lots 8 to 11, Registered Plan 634."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Twelve (12), Registered Plan 55M-446,


a) DEFINITIONS

PROFESSIONAL OFFICE

Means an office for the practice of one or more professional engineers and/or architects and/or community planners and/or land surveyors and/or property appraisers, where professionally qualified persons and their technical assistants and clerical staff are employed and where clients go for advice and consultation, but shall not include any other office.




c) PERMITTED USES

In addition to the uses listed in Section 33.1 of this By-law, professional office is a permitted use."

BY-LAW 237-1992 Effective Date: August 10, 1992 OMB ORDER R 930264 - August 1995

"383 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8E and 8F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 2, 4, 6 and 8, Registered Plan 218; and a portion of Lot 21, Concession 3, N.K.R., all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "RS-H" - Residential Suburban Zone - Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8E and 8F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 21, Concession 3, N.K.R., shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the"RS-F" - Residential Suburban Zone - Lands Susceptible to Flooding and designated as part of the "RS-F-H" - Residential Suburban Zone - Lands Susceptible to Flooding - Holding.

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

B - 261 April 2005

(a) PERMITTED USES

(i) Buildings, structures or uses legally existing on the 10th day of August, A.D., 1992;

(ii) Buildings, structures or uses accessory to a use permitted in this Section, whether legally existing on the 10th day of August, A.D., 1992, or hereafter erected, in accordance with the provisions of Section 5.2 of this By-law.


(i) The total gross floor area of a main building shall not be increased by more than 10% of the gross floor area of the said building existing on the 10th day of August, A.D., 1992.

(ii) Any addition or extension to a main building shall comply with the following provisions:


10.0 metres




3.0 metres

(d) Minimum Rear Yard

10.0 metres

(e) Maximum Height

10.0 metres."

*NOTE:

- "H" Symbol = develop by Plan of Subdivision

BY-LAW 238-1992 Effective Date: August 10, 1992 OMB ORDER R 930265 - September 20, 1994


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 2, 4, 6 and 8, Registered Plan 218; and a portion of Lot 21, Concession 3, N.K.R., all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS


(i) Where the zone boundary is opposite to the side lot line, the zone boundary shall be deemed to be an exterior side lot line for the purposes of this By-law.

(ii) Where the zone boundary is opposite to the front lot line, the zone boundary shall be deemed to be the rear lot line for the purposes of this By-law.

B - 262 April 2005

b) Notwithstanding any provision of this By-law to the contrary, only lands which are in the "RS" - Residential Suburban Zone may be used to satisfy the minimum requirements of this By-law for uses in the "RS" Zone.

c) Notwithstanding any provision of this By-law to the contrary, the lot depth shall be equal to the depth of the "RS" Zone on the lot."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 25 to 27 inclusive and Lots 34 and 35, Registered Plan 547, and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) Paragraph "250" of Schedule "B" of this By-law, as added by By-law 130-1989, is hereby amended by repealing subparagraph (2)."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North East Subdivision of Section Forty-three (43), in the City of Thunder Bay, designated as Part 2, according to a Reference Plan of Survey, registered in the Registry Office for the Registry Division of Thunder Bay as Plan 55R-2122,


a) PERMITTED USES

In addition to the uses listed in Section 37.1 of this By-law, fraternal organization is a permitted use."

By-law 249-1992 Effective Date: September 14, 1992

"387 Repealed by By-law 370-1993 Effective Date: December 20, 1993

BY-LAW 360-1992 Effective Date: November 23, 1992 OMB ORDER R 930263 - July 29, 1994

"388 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-N and 4-N of this By-law,the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Seven (7), Concession B, being more particularly described as Parts Two (2) and Three (3), Reference Plan 55R-1393,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF2" - Residential Future Zone 2 and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

B - 263 April 2005

(2) NOTWITHSTANDING the provisions of Sections 15.1, 15.2.10a) and 15.2.11b) of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, the following provisions shall apply:

a) Permitted uses

- apartment dwelling

- buildings, structures, or uses accessory to the foregoing use

b) Maximum Height

9.0 metres and two storeys

c) Maximum Number of Main Buildings Per lot

three provided that a minimum distance of 6.0 metres shall separate each main building

(3) NOTWITHSTANDING all other provisions of this By-law to the contrary, in the case of the lands and premises more particularly described:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Lot Seven (7), Concession B, being more particularly described as Part Two (2), Reference Plan 55R-1393,


a) Maximum Number of Dwelling Units

The total number of dwelling units shall not exceed fifty-two (52) and the total number of dwellings in each building shall not exceed twenty (20);

b) Buffering

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along each lot line that is not a street line;

c) Parking

No part of any driveway or private parking area shall be permitted in the rear yard."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lot Twenty (20), Block 51, Registered Plan W-54,


a) UNDERSIZED LOTS

The provisions of Section 5.23 of this By-law shall continue to apply and in addition, the exterior side yard requirement may be reduced to 1.5 metres.

B - 264 April 2005

(2) NOTWITHSTANDING any provisions of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the building municipally known as 500 McTavish Street, existing on the 9th day of November, A.D., 1992, shall be permitted to remain in its present location and shall be permitted to contain a maximum of two (2) dwelling units and to be used as a rooming house containing a maximum of seven (7) rooms. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Lot 7, Registered Plan 371, being the whole of Lot 7, saving and excepting Parts 1 and 2, Reference Plan 55R-6172, shown as "PROPERTY LOCATION 1" on Exhibit One to and forming part of this paragraph,


(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-L and 5-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Lot 7, Registered Plan 371, being the whole of Lot 7, saving and excepting Parts 1 and 2, Reference Plan 55R-6172 and portions of the abutting street allowances, all shown as "PROPERTY LOCATION 2" on Exhibit One to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R2" - Residential One and Two Unit Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 139 and 140, Registered Plan W-764, being more particularly described as follows:

FIRSTLY:

Lot Number 139, on the south side of Victoria Avenue, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan No. W-764, saving and excepting therefrom that portion that is described as follows:

COMMENCING at the northeasterly angle of the said Lot 139;

THENCE southerly along the easterly limit of the said Lot 139, 44.11 feet more or less to a point of intersection with a line drawn from a point in the northerly limit of the said Lot 139, distant 0.09 of a foot westerly thereon from the northeasterly angle of the said Lot to a point in the southerly limit of Lot 140, distant 0.12 of a foot easterly thereon from the southwesterly angle of the said Lot;

THENCE northerly and along the above described line 44.11 feet more or less to the northerly limit of the Lot 139;

THENCE easterly and along the last mentioned limit of the said Lot 139, 0.09 of a foot to the point of commencement.

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SECONDLY:

That portion of Lot 140, on the south side of Victoria Avenue, according to a Plan regis-tered in the Registry Office for the Registry Division of Thunder Bay as Plan No. W-764, more particularly described as follows:

COMMENCING at the Southwesterly angle of Lot 140;

THENCE northerly and along the westerly limit of the said Lot 140, 66.06 feet, mor or less, to the point of intersection with a line drawn from a point on the southerly limit of the said Lot 140, distant 0.12 of a foot easterly thereon from the southwesterly angle of the said Lot to a point in the northerly limit of Lot 139, distant 0.09 of a foot westerly thereon from the northeasterly angle of the said Lot;

THENCE southerly along the above described line, 66.06 feet more or less to the southerly limit of the said Lot 140;

THENCE westerly and along the last mentioned limit of the said Lot 140, 0.12 of a foot to the point of commencement.

THIRDLY:


All shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 139 and 140, Registered Plan W-764, being more particularly described as follows:

FIRSTLY:

Lot Number 139, on the south side of Victoria Avenue, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Plan No. W-764, saving and excepting therefrom that portion that is described as follows:

COMMENCING at the northeasterly angle of the said Lot 139;

THENCE southerly along the easterly limit of the said Lot 139, 44.11 feet more or less to a point of intersection with a line drawn from a point in the northerly limit of the said Lot 139, distant 0.09 of a foot westerly thereon from the northeasterly angle of the said Lot to a point in the southerly limit of Lot 140, distant 0.12 of a foot easterly thereon from the southwesterly angle of the said Lot;

THENCE northerly and along the above described line 44.11 feet more or less to the northerly limit of the Lot 139;

THENCE easterly and along the last mentioned limit of the said Lot 139, 0.09 of a foot to the point of commencement.

SECONDLY:

That portion of Lot 140, on the south side of Victoria Avenue, according to a Plan regis-tered in the Registry Office for the Registry Division of Thunder Bay as Plan No. W-764, more particularly described as follows:

B - 266 April 2005

COMMENCING at the Southwesterly angle of Lot 140;

THENCE northerly and along the westerly limit of the said Lot 140, 66.06 feet, more or less, to the point of intersection with a line drawn from a point on the southerly limit of the said Lot 140, distant 0.12 of a foot easterly thereon from the southwesterly angle of the said Lot to a point in the northerly limit of Lot 139, distant 0.09 of a foot westerly thereon from the northeasterly angle of the said Lot;

THENCE southerly along the above described line, 66.06 feet more or less to the southerly limit of the said Lot 140;

THENCE westerly and along the last mentioned limit of the said Lot 140, 0.12 of a foot to the point of commencement,

all of the provisions of this By-law shall continue to apply except that in the case of the building existing on the 14th day of December, A.D. 1992, municipally known as 2612 Victoria Avenue East, the said building shall be permitted to remain in its present position and contain a maximum of six (6) dwelling units, provided that off-street parking shall be provided in accordance with Section 5.13 of this By-law, except that the minimum width of a driveway leading to a parking area shall be 3.0 metres for two-way traffic. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such strengthening or restoration does not increase the height, size or volume of the said building."


"392 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4K and 5K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 11 and 12, Registered Plan 398, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1-F" Residential Future Zone 1 - Land susceptible to Flooding and designated as part of the "R2-F-H" Residential One and Two Unit Zone - Lands susceptible to Flooding - Holding.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES

(i) Buildings, structures or uses legally existing on the 25th day of January, A.D., 1993,

(ii) Buildings, structures or uses accessory to a use permitted in this Section, whether legally existing on the 25th day of January, A.D., 1993, or hereafter erected, in accordance with the provisions of Section 5.2 of this By-law.


(i) The total gross floor area of a main building shall not be increased by more than 10% of the gross floor area of the said building existing on the 25th day of January, A.D., 1993.


B - 267 April 2005


A combined front and rear yard of not less than 15.0 metres shall be maintained, provided however, that a minimum front yard and a minimum rear yard of 6.0 metres each shall be required. If a lot has no rear lot line than a minimum front yard of 7.5 metres shall be maintained.


3.0 metres for each exterior side yard.


(i) where rear access is provided or there is an attached garage or carport or there is an exterior side yard:


(ii) where there is no rear access provided and there is no attached garage or carport and there is no exterior side yard:

3.0 metres for one interior side yard and 1.5 metres for the other interior side yard.

(d) Maximum Height:

10.0 metres."

*NOTE:

- "H" Symbol = municipal piped water and sanitary sewers

BY-LAW 254-1993 Effective Date: August 9, 1993 As amended by OMB ORDER Z 920139 July 28, 1993


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the West part of Lot One (1), Registered Plan Number 139, more particularly described as follows, namely:


THENCE Easterly along the Northerly limit of the said Lot, 68 feet;

THENCE Southerly and parallel to the Westerly limit of the said Lot 127.4 feet, more or less, to the Southerly limit of the said Lot;

THENCE Westerly along the Southerly limit of the said Lot 68 feet, more or less, to the South Westerly angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot, 127.4 feet, more or less, to the point of commencement, and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of the paragraph,


B - 268 April 2005

(2) NOTWITHSTANDING the provisions of Sections 5.1, 15.2.1a)iii) and 15.2.10 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the West part of Lot One (1), Registered Plan Number 139, more particularly described as follows, namely:


THENCE Easterly along the Northerly limit of the said Lot, 68 feet;

THENCE Southerly and parallel to the Westerly limit of the said Lot 127.4 feet, more or less, to the Southerly limit of the said Lot;

THENCE Westerly along the Southerly limit of the said Lot 68 feet, more or less, to the South Westerly angle of the said Lot;

THENCE Northerly along the Westerly limit of the said Lot, 127.4 feet, more or less, to the point of commencement,



No driveway access to a private parking area shall be located closer than 6.0 metres from the intersection of two streets measured from a point where the two street lines intersect.


The provisions of Section 15.2.1a)iii) shall continue to apply except in the case of an apartment dwelling containing six (6) units, in which case the minimum lot area shall be 800 square metres.

c) Maximum Height:

10.0 metres

(3) NOTWITHSTANDING any provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph, the following provisions shall apply:

(a) A privacy fence shall be constructed and maintained along the rear lot line with a minimum height of 1.6 metres between the interior side lot line and a point 6.0 metres from the exterior side lot line; and with a minimum height of 0.75 metres and a maximum height of 1.22 metres between the said point and the exterior side lot line.

(b) A privacy fence shall be constructed and maintained along the interior side lot line with a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and with a minimum height of 0.75 metres and a maximum height of 1.22 metres between the said point and the front lot line.

(c) Parking Barrier

Where any portion of a parking space is located within 0.6 metres of a street line, a parking barrier shall be provided and maintained between the parking space and the street line so as to prevent vehicles from encroaching onto the street allowance. For the purpose of this paragraph, a parking barrier means a barrier having a minimum height of 0.6 metres and a maximum height of 0.75 metres, which prevents any portion of a vehicle from projecting beyond the limits of a parking space.

(d) No part of any driveway or private parking area shall be located within the rear yard.

B - 269 April 2005

(e) A privacy fence with a minimum height of 0.75 metres and a maximum height of 1.2 metres shall be constructed and maintained along the front lot line between the interior side lot line and the exterior side lot line."

BY-LAW 36-1993 Effective Date: February 8, 1993 As amended By OMB ORDER R-930266

"394 Repealed by By-law 307-2003 Effective Date: December 8, 2003



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of Lot 5 Con 3 NKR and Lot 29, Registered Plan W-784, and the portion of the abutting street allowance,


are hereby removed from the "RM2A"- Residential Multiple Medium Density Zone A and designated as part of the “NC2-H”- Neighbourhood Commercial Zone 2 - Holding.

(2) NOTWITHSTANDING the provisions of Section 4.115, 23.1 and 23.12 of this By-law or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding a portion of the abutting street allowance,


Repealed by By-law 25-2005

(b) PERMITTED USES:


(i) In addition to the uses listed in Section 23.1, a restaurant having a maximum gross floor area of 250 square metres is deemed to be included as a permitted use under Section 23.1.

(ii) Automotive gas bar is not a permitted use.

(c) Buffering:

A privacy fence shall be constructed and maintained along each interior lot line and the rear lot line. The required fence shall have a minimum height of 1.6 metres along the rear lot line, and along the interior side lot lines to a point 27.0 metres from the rear lot line. The fence shall have a minimum height of 0.75 metres and a maximum height of 1.0 metres between the points 27.0 and 33.0 metres from the rear lot line.

(d) Access to Parking Areas and Spaces:

For the buildings existing on the 18th day of April, 2005, the minimum width of a driveway for two way traffic shall be

(i) 5.0 metres for the property municipally known as 2609 Arthur Street East,

(ii) 3.0 metres for the property municipally known as 2613 Arthur Street East; and

(iii) 3.9 metres for the property municipally known as 2617 Arthur Street East.

B - 270 April 2005

(e) Dimensions of Parking Spaces:

For the building existing on the 18th day of April, 2005 municipally known as 2613 Arthur Street East, the minimum width of the parking spaces located in the front yard shall be 2.6 metres.

(f) Maximum Number of Main Uses and Main Buildings per Lot:

For the buildings existing on the 18th day of April, 2005 municipally known as 2609 and 2613 Arthur Street East, two main uses and two main buildings shall be permitted.

Parking/Signage at 2613 Arthur Street East

(g) For the building existing on the 18th day of April, 2005 municipally known as 2613 Arthur Street East, no more than two (2) parking spaces shall be permitted in the rear yard and furthermore, the sign existing on said date is the only permitted sign.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) The single detached dwellings and the beauty salon existing on the 17th day of November, 2003, are the only permitted uses.

b) The maximum number of main uses is two (2).

c) The maximum number of main buildings is three (3).

d) No new buildings or structures are permitted, however nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings provided that such strengthening or restoration does not increase the height, size or volume of the said buildings.

e) No more than two (2) parking spaces shall be located in the rear yard.

f) The sign existing on the 17th day of November, 2003, is the only permitted sign."

- By-law 007-2007 amends By-law 307-2003 and By-law 025-2005, Paragraph "394", removes H-symbol


"395 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Twenty (20), Concession III, N.K.R., as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RS - Residential Suburban Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a part of Mining Location "X", more particularly described as follows:


FIRSTLY:

COMMENCING at a point in the westerly boundary of the said Location "X", distant 2440.68 feet measured northerly therealong from the southwesterly corner thereof;

THENCE southerly along the said westerly boundary 256 feet to a point which is the point of commencement of this description;

THENCE southerly 68 feet along the westerly boundary of the said Location;

THENCE easterly and parallel to the southerly limit of the said Location 133 feet;

THENCE northerly and parallel to the westerly boundary of the said Location 68 feet to a point in a line drawn parallel to the southerly limit of the said Location through the point of commencement;

THENCE westerly and parallel to the southerly limit of the said Location 133 feet to the point of commencement;

EXCEPTING AND RESERVING from the said lands above described the westerly 33 feet thereof taken for Balsam Street;

As described in registered Instrument Number 110774.

SECONDLY:

COMMENCING at a point in the westerly boundary of Mining Location "X", distant 2440.68 feet northerly therealong from the southwesterly corner of the said Mining Location;

THENCE southerly along the said westerly boundary, 324 feet;

THENCE easterly and parallel to the southerly limit of the said Location 33 feet to a point which is the point of commencement of this description;

THENCE continuing easterly and parallel to the southerly limit of the said location 100 feet;

THENCE southerly and parallel to the westerly boundary of the said Location, 16 feet to a point in the northerly limit of Registered Plan 527;

THENCE westerly and parallel to the southerly limit of the said Location, 100 feet to a point in a line drawn parallel to the westerly limit of the said Location through the point of commencement which line is also the easterly limit of Balsam Street;

THENCE northerly and parallel to the said westerly limit 16 feet, more or less, to the point of commencement.

As described in registered Instrument No. 297972.

THIRDLY:

Portion of the abutting street allowance,



(2) NOTWITHSTANDING the provisions of Section 14.2.9 of this By-law, in the case of the lands and premises being more particularly FIRSTLY and SECONDLY described in subparagraph (1) of this paragraph, the following provision shall apply:

a) Maximum Height

6.5 metres.


(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands described FIRSTLY and SECONDLY described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) No part of any private parking area, except for a driveway, shall be located in the front yard of a main building;

(b) A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained and along the interior side lot lines between the rear lot line and a point 6.0 metres from the front lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, District of Thunder Bay, and being composed of Lots 22 and 23, Block 23, Registered Plan 147 and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 14.2.5 (b) and 14.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, District of Thunder Bay, and being composed of Lots 22 and 23, Block 23, Registered Plan 147,


The provisions of Section 14.2.5 (b) of this By-law shall continue to apply except in the case of an apartment dwelling in which case the following provisions shall apply:

i) Minimum Easterly Interior Side Yard:

3.0 metres

ii) Minimum Westerly Interior Side Yard:

1.5 metres

b) Maximum Height:

8.5 metres

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph, the following provisions shall apply:

(a) no part of any private parking area, except for a driveway, shall be located in the front yard of a main building;

(b) no part of any driveway or private parking area shall be located in the required easterly interior side yard;

(c) the width of an apartment dwelling shall not exceed 11.0 metres;

B - 273 April 2005

(d) a privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line; and along each of the interior side lot lines between the rear lot line and a point 6.0 metres from the front lot line."

BY-LAW 78-1993 Effective Date: March 22, 1993 OMB ORDER R 930253 - July 22, 1993


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Nine (9) and Ten (10), Block Fourteen (14), Registered Plan 147 and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Section 15.2.10a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Nine (9) and Ten (10), Block Fourteen (14), Registered Plan 147,


a) Maximum Height:

10.0 metres and three (3) storeys.


(a) A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line between the interior side lot line and a point 3.0 metres from the exterior side lot line; and along the interior side lot line between the rear lot line and a point 6.0 metres from the front lot line;

(b) No part of any driveway or private parking area shall be located in the front yard of a main building."


"399 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-J and 8-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Block D, Registered Plan M-318, Block C, Registered Plan 875 and a portion of Churchill Drive, closed by By-law Number 236-1989 and portions of the abutting street allowances, shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "R1" - Residential One Unit Zone.


B - 274 April 2005

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Churchill Drive, closed by By-law Number 236-1989, shown as "PROPERTY LOCATION" 2 on EXHIBIT ONE to and forming part of this paragraph,


(a) there shall be no minimum lot frontage required;

(b) there shall be no minimum street frontage required.

(3) NOTWITHSTANDING the provisions of Section 12.2.3(c) of this By-law, in the case of the lands and premises being more particularly described as follows, namely;

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Block C, Registered Plan 875 and a portion of Churchill Drive, closed by By-law Number 236-1989, shown as "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this paragraph, the following shall apply,

the minimum lot depth shall be 26 metres."

BY-LAW 156-1993 Effective Date: May 25th, 1993 As amended by OMB ORDER R 940028 - January 25, 1995

"400 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-F of this By-law, that portion of the lands and premises which are situated in the "FI" - Future Industrial Zone, and being more particularly described as follows, namely:

FIRSTLY

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Van Koughnett Location more particularly described as follows:

Commencing at a standard iron bar marking the north-east corner of Part 2, Reference Plan 55R-8704;

THENCE westerly following the north limit of Part 2, Reference Plan 55R-8704 a distance of 67 metres more or less to the point of the commencement of this description;

THENCE westerly following the north limit of Part 2, Reference Plan 55R-8704 a distance of 61 metres more or less to a standard iron bar marking the easterly limit of Mapleward Road;

THENCE northerly following the easterly limit of Mapleward Road 130 metres;

THENCE easterly and parallel to the north limit of Part 2, Reference Plan 55R-8704 a distance 66 metres;

THENCE south-westerly to a point measured a distance of 43.88 metres from that point from the north limit of this description and a distance of 35.95 metres from the easterly limit of Mapleward Road;

THENCE south-easterly from that point to a point on the north limit of Part 2, Reference Plan 55R-8704 measured a distance of 61 metres more or less from the easterly limit of Mapleward Road to the point of commencement.

SECONDLY

a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph

B - 275 April 2005

are hereby removed from the "FI" - Future Industrial Zone and designated as part of the "LI" - Light Industrial Zone.

(2) NOTWITHSTANDING the provisions of Sections 32.1 and 32.2.1 of this By-law in the case of the lands FIRSTLY described in subparagraph (1) of this paragraph,


a) Permitted Uses

(i) not connected to municipal piped water nor municipal piped sewage disposal;

- automotive gas bar with card lock service only

(ii) connected to municipal piped water but not to municipal piped sewage disposal

- uses permitted in clause i) above - automotive gas bar - automotive service station - office accessory to a permitted use in this clause - restaurant - truck depot - variety store - industrial centre containing two or more uses permitted in this clause

- buildings, structures, use accessory thereto

(iii) connected to the municipal piped water and municipal piped sewage disposal

- uses permitted in clause ii) - bus depot - car wash - industrial centre containing two or more uses permitted in this clause

- buildings, structures, uses accessory thereto


130 metres

(3) NOTWITHSTANDING the provisions of Section 30.2.1 and 30.2.2 of this By-law, in the case of the lands and premises described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of that portion of Cochrane Location located east of Mapleward Road, and that portion of the Van Koughnett Location located east of Mapleward Road,

(i) SAVING AND EXCEPTING Part 1, Reference Plan 55R-1971 and a portion of Van Koughnett Location more particularly described as follows:

COMMENCING at a standard iron bar marking the north-east corner of Part 2 on Plan 55R-8704;

THENCE westerly following the north limit of Part 2 on Plan 55R-8704, 128 metres more or less to a standard iron bar marking the easterly limit of Mapleward Road;

THENCE northerly following the easterly limit of Mapleward Road 130 metres;

B - 276 April 2005

THENCE easterly and parallel to the north limit of Part 2 on Plan 55R-8704, 130 metres more or less;

THENCE southerly in a straight line 130 metres more or less to the point of commencement.

(ii) SAVING AND EXCEPTING therefrom that portion of Van Koughnett Location described as Parts 1,2 and 3, Reference Plan 55R-8704,


a) Minimum Lot Area

Shall be the lot area of the lands described in this subparagraph (3)


Shall be the lot frontage of the lands described in this subparagraph (3)."

BY-LAW 100-1993 Effective Date: April 26th, 1993


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 5, Registered Plan 371, being more particularly described as follows:

COMMENCING at the south easterly angle of the said lot five;

THENCE westerly three hundred and thirty fee more or less along the southerly boundary of the said Lot Five to a point in the said boundary midway between the east and the west boundaries thereof;

THENCE northerly and parallel to the westerly boundary of the said lot to the centre of the McIntyre River;

THENCE easterly and following the centre of the McIntyre River to the easterly boundary of the said lot, and

THENCE southerly along the said easterly boundary seven hundred and thirty-six feet more or less to the place of beginning,



50 metres."

BY-LAW 106-1993 Effective Date: April 26th, 1993

"402 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-D and 8-E of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 23, 24, Concession III, N.K.R., and Part of Lot Seven (7), Registered Plan W-218, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "OS" - Open Space Zone."

B - 277 April 2005

BY-LAW 122-1993 Effective Date: May 10th, 1993

"403 NOTWITHSTANDING the provisions of Sections 4.124, 5.13.9(b), 27.1, 27.2.3 and 27.2.6 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and Province of Ontario and being composed of:

FIRSTLY:

Firstly: Portion of Lot 660, Plan M-88 designated as Part 1 on Plan 56R-758.

Secondly: Lot 661, Plan M-88.

SECONDLY:

Lot 209, Plan 572, City of Thunder Bay, District of Thunder Bay.

THIRDLY:

Portion of Lot 211, Registered Plan 572, more particularly described as follows:


THENCE Easterly along the North limit of the said Lot 66' to the North East angle of the said Lot;

THENCE Southerly along the East limit of the said Lot, 141.57' to intersect the North West limit of Algoma Street (now Memorial Avenue by By-law No. 2171, of the City of Thunder Bay) and opened up by By-law No. 1097, of the City of Thunder Bay and registered in the Registry Office for the Registry Division of Thunder Bay, as No. 848-C;

THENCE South Westerly along the said limit of Algoma Street, 25.81' more or less, to the South limit of the said Lot;

THENCE Westerly along the South limit of the said Lot, 54.8', more or less, to the South West angle of the said Lot;

THENCE Northerly along the West limit of the said Lot, 165' more or less, to the point of commencement; AS DESCRIBED IN INSTRUMENT NO. 131423

FOURTHLY:

All that part of the lane in Block 27, Registered Plan 147, more particularly described as follows:

(Lane closed by By-law No. 3955, of the City of Thunder Bay registered in the Registry Office for the Registry Division of Thunder Bay as Instrument No. 11887-C;

COMMENCING at the intersection of the Westerly and North Westerly limits of Lot 8, in Block 27, according to said Plan 147;

THENCE North Easterly along the North Westerly limit of the said Lot to the North limit of the said Lot, which is also a point in the southerly limit of a lane;

THENCE Easterly along the said limit of the said lane to intersect the North Westerly limit of Algoma Street (now Memorial Avenue by By-law No. 2171 of the City of Thunder Bay) and opened up as Algoma Street by By-law No. 1097 of the City of Thunder Bay and registered in the said Registry Office as Instrument No. 848-C;

THENCE North Easterly along the said limit of the said Algoma Street to the Southerly limit of Lot 211 as shown on a plan of subdivision registered in the said Registry Office as No. 572, the said point also being a point in the Northerly limit of the said lane;

B - 278 April 2005

THENCE Westerly along the said limit of the said lane to the South West angle of Lot 209, according to the said Plan 572;

THENCE Southerly in a straight line to the point of commencement, AS DESCRIBED IN INSTRUMENT NO. 131423.

FIFTHLY:

Portion of Lot 7, Block 27, Plan 147, designated as Part 3 on Reference Plan 56R-758.

SIXTHLY:

Portion of Lot 8, Block 27, Plan 147, designated as Part 5 on Reference Plan 56R-758.


a) DEFINITIONS

i) AUTOMOTIVE STEREO AND TELEPHONE SALES ESTABLISHMENT

Means the use of land, or building, or structure for the display and sale of automotive stereo equipment, mobile telephones, and/or citizen band radios and shall include facilities for the installation of such equipment on site.

ii) OFFICE FURNITURE, EQUIPMENT AND SUPPLIES SHOWROOM

Means a retail store, exceeding a gross floor area of 425 square metres where office furniture, office equipment, and office supplies are displayed, stored and offered for sale and may include an office accessory thereto.

iii) LOT LINE, FRONT


b) Parking Spaces Required

In addition to the requirements of Section 5.13.9(b) of this By-law, the following shall apply:

Use Minimum Number of Parking Spaces

Automotive Stereo and Telephone Sales Establishment


Office Furniture, Equipment and Supplies Showroom


B - 279 April 2005

c) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, the following uses are also permitted:

- Automotive Stereo and Telephone Sales Establishment

- Office Furniture, Equipment and Supplies Showroom

d) Minimum Front Yard, and Rear Yard

The provisions of Sections 27.2.3 and 27.2.6 of this By-law shall continue to apply except in the case of the building existing on the 10th day of May, 1993, which shall be permitted to remain in its present position while maintaining a minimum front yard of 9.0 metres and a minimum rear yard of 4.5 metres.

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."


"404 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 11-G of this By-law, that portion of lands more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 29 and 30, portion of Lots 37 and 38, portion of Lots 41 to 45, portion of Block 46, Registered Plan 55M-539; and a portion of Lot 17, Concession III, S.K.R., shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RS" - Residential Suburban Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 7, Concession A, being more particularly described as Part 19 of Reference Plan 55R-9271, and portions of the abutting street allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "OS" - Open Space Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 7, Concession A, more particularly described as Part 19 of Reference Plan 55R-9271,



a) DEFINITIONS

Lot Line, Front

Means the lot line abutting Valley Street.


The provisions of Section 5.13.9b) shall continue to apply, except in the case of a park for passive leisure activity or a play lot with activity equipment for children, which may include an unsupervised ice rink and a sports field intended for unorganized childrens' activities, in which case there shall be no minimum number of parking spaces required."

BY-LAW 130-1993 As amended by By-law 155-1997

Effective Date: May 10th, 1993 Effective Date: July 14, 1997

"406 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-I, 7-J, 8-I and 8-J of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, District of Thunder Bay and being composed of Part of Lot 10, Concession 3, N.K.R., Part of Lots 10, 11 and 12, Concession 4, N.K.R., Part of the original road allowance between Lot 10, Concession 3, N.K.R. and Lot 11, Concession 4, N.K.R. (Closed), and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" Residential Future Zone 1 and the "HL" Hazard Land Zone and designated as part of the "R1-H" Residential One Unit Zone - Holding, the "R1A-H Residential One Unit Zone A - Holding, the "R2-H' Residential One and Two Unit Zone - Holding, the "RM2A-H" Residential Multiple Medium Density Zone A - Holding, the "RM3-H" Residential Multiple High Density Zone - Holding, the "GC2-H" General Commercial Zone 2 - Holding, the "MIN-H" Major Institutional Zone - Holding, the "OS-H" Open Space Zone - Holding, and the "HL" Hazard Land Zone, as shown on the said EXHIBIT ONE.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4 e), 12.2.4, 12A.2.4 and 13.2.4 of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph,


a) Minimum Front and Rear Yard:

The provisions of Sections 5.2.4 e), 12.2.4, 12A.2.4 and 13.2.4 shall continue to apply except in the case of those lots abutting a 0.3 metre reserve abutting the Thunder Bay Expressway, in which case a minimum front yard and rear yard of 7.5 metres each shall be required, and no buildings or structures accessory to a dwelling shall be located in a required rear yard.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph,



(a) Temporary Turning Circle:

Where a lot abuts a block of land, which is held by the Corporation for the purpose of providing a temporary turning circle, and which is to be conveyed to the owner of the abutting lot when the street is extended, in accordance with the terms of a subdivision agreement, such block shall be deemed to form part of the abutting lot for the purpose of calculating the area, frontage, depth and coverage of such lot. The block shall also be deemed to form part of such lot for the purpose of establishing any required yards."

(4) NOTWITHSTANDING the provisions of Section 12A.2.5(b) of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph, saving and excepting Lot 224, as shown on Page 7 of 10 of Exhibit One to and forming part of this paragraph,

(a) Minimum Interior Side Yard;

(i) where rear access is provided or there is an attached garage or carport or there is an exterior side yard:

- 1.5 metres for one interior side yard and the other interior side yard as provided in subclause (iii) of this subparagraph

(ii) Where no rear yard access is provided and there is no attached garage or carport and there is no exterior side yard:

3.0 metres for one interior side yard and the other interior side yard as provided in subclause (iii) of this subparagraph.

(iii) Where subclauses (i) and (ii) of this subparagraph do not apply, the minimum interior side yard shall be in accordance with the following:

Lot Frontage Minimum Interior

10.5 to 10.59 metres 0.9 metre

10.6 to 10.69 metres 1.0 metre

10.7 to 10.79 metres 1.1 metres





*NOTE:

- "H" SYMBOL = COMPLIANCE WITH PARKDALE COMMUNITY PLAN

- BY-LAW 164-1994 AMENDS PARAGRAPH "406" - REMOVES H - SYMBOL





"407 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M, 3-N, 4-M and 4-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, more particularly described as a portion of Part 4, Description Reference Plan 55R-8139, as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M, 3-N, 4-M and 4-N of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "OS" - Open Space Zone.





8.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, more particularly described as Part Two (2), Description Reference Plan 55R-9387 and a portion of Part One (1), Description Reference Plan 55R-9387 and portions of the abutting street allowance, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "R1" - Residential One Unit Zone.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, more particularly described as a portion of Part One (1), Description Reference Plan 55R-9387, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph, are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "OS" - Open Space Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-3, more particularly described as a portion of Part One (1), Description Reference Plan 55R-9387, shown as "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this paragraph,



55.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Southwest Quarter of Section 40, being Part One (1), Reference Plan 55R-9268, and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on Exhibit One to and forming part of this paragraph,


BY-LAW 153-1993 Effective Date: May 25, 1993 OMB ORDER R 940310 - May 14, 1996

"410 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-P of this particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 to 6, both inclusive, and Lots 35 and 36, Block 5, Registered Plan M-25, and a portion of the abutting street and lane allowances,

all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following shall apply:

(a) A privacy fence having a minimum height of 1.6 metres shall be provided along the northerly limit of the applicant's property abutting Lot 34, Block 5, Registered Plan M-25 from a point 6.0 metres from the front lot line to the intersection with the lane allowance."




All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of:

FIRSTLY:

Lots 668, 669, and 670, Registered Plan M-31;

SECONDLY:

Portion of Selkirk Street, Registered Plan M-31, more particularly described as Part 3, Reference Plan 55R-961; and,

THIRDLY:

Portions of abutting street and lane allowances,

All shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "MIN" - Major Institutional Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 15.2.1a)iii) and 15.2.10 a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 668, 669, and 670, Registered Plan M-31;

SECONDLY:

Portion of Selkirk Street, Registered Plan M-31, more particularly described as Part 3, Reference Plan 55R-961; and,

THIRDLY:

Portion of the abutting lane allowance more particularly described as Part 2, Reference Plan 55R-9350,



Six (6)

b) Maximum Height:

10.0 metres and three (3) storeys



a) Parking Barrier:

Where any portion of a parking space is located within 1.0 metre of a street line, a parking barrier shall be provided and maintained between the parking space and the street line so as to prevent vehicles from encroaching onto the street allowance. For the purpose of this paragraph, a parking barrier means a barrier having a minimum height of 0.6 metres and a maximum height of 0.75 metres, which prevents any portion of a vehicle from projecting beyond the limits of a parking space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the following:

Firstly: Parcel 22253, Thunder Bay Freehold, Lots 2226, 2227, 2228, Plan M-42, City of Thunder Bay, District of Thunder Bay;

Secondly: Part of Parcel Streets and Lanes - 1, Section M-42, Part of Lane Allowance, Plan M-42, being Part 1 on Reference Plan 55R-9307, City of Thunder Bay, District of Thunder Bay.

The following provisions shall apply:


Calculation of Spaces

Where a building or structure or lot accommodates more than one use, the total parking space requirement for such buildings, structure or lot shall be the sum of the requirements for each separate use.

b) PERMITTED USES

In addition to the uses listed in Section 33.1 of this By-law, office is a permitted use."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northwest Quarter of Section 50; a portion of the Northeast Quarter of Section 50, being more particularly described as a portion of Parts Two (2) and Four (4), Reference Plan 55R-4924; and a portion of the abutting street allowance; all shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and "HL" - Hazard Land Zone, and designated as part of the "MIN" - Major Institutional Zone.

(2) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph,

the provisions of Section 5.5 of this By-law, shall not apply."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the West half of Lot Nineteen (19), Block R, Registered Plan W-61, SAVING AND EXCEPTING the northerly 3.048 metres,


PERMITTED USES

The provision of Section 24.1 of this By-law shall continue to apply and in the case of the building municipally known as 109 West Gore Street, existing on the 30th day of June, 1993, a single detached dwelling or a duplex dwelling are also permitted uses."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the following:

FIRSTLY:

Lots Seven (7) to Twelve (12), both inclusive, Block 19, Registered Plan Number 8, SAVING AND EXCEPTING Part Two (2), Reference Plan 55R-7846;

SECONDLY:

A portion of Seventh Avenue, Registered Plan Number 8, stopped-up and closed by By-law Number 81-1989, more particularly described as Part 3, Reference Plan 55R-7846,


a) DEFINITIONS

PROFESSIONAL OFFICE

Means an office for the practice of one or more professional engineers and/or architects and/or community planners and/or land surveyors and/or property appraisers, where professionally qualified persons and their technical assistants and clerical staff are employed and where clients go for advice and consultation, but shall not include any other office.



The provisions of Section 5.13.3b) shall continue to apply except in the case of an industrial centre, in which case the total parking space requirement shall be the sum of the requirements for each separate use in the centre.

c) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, professional office is a permitted use."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot Three (3), Registered Plan Number 71, designated as Parts 1, 2 and 3 on Reference Plan 55R-8780,


PERMITTED USES

In addition to the uses listed in Section 6.1 of this By-law, a single wide mobile home and the use thereof as a single detached dwelling is permitted as a temporary use until the 25th day of July, 1996, or until a single detached dwelling is constructed to the stage that it is capable of having issued a Certificate of Occupancy, whichever occurs first, whereafter this provision shall be deemed repealed."


"417 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-I and 9-J of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, District of Thunder Bay and being composed of Lots 1 - 28 and 39 - 56, Block 2; Lots 1 - 28 and 39 - 56, Block 3; Lots 1 - 28 and 39 - 56, Block 4; and portions of the abutting street and lane allowances, Registered Plan W-185, all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FD" - Future Development Zone and designated as part of the "R2-H" Residential One and Two Unit Zone - Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 9-I and 9-J of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of Neebing, District of Thunder Bay and being composed of Lots 1 - 28 and 39 - 56, Block 1; Lots 6 - 15, Block 5; Lots 5 - 20, Block 6; Lots 6 - 20, Block 7; Lots 9 - 18, Block 8; and portions of the abutting street and lane allowances, Registered Plan W-185, all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FD" - Future Development Zone and designated as part of the "RM2A-H" Residential Multiple Medium Density Zone A - Holding.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraphs (1) and (2) of this paragraph, no building or structure used for human habitation shall be permitted within the area designated as "Restricted Building Area" on EXHIBIT ONE to and forming part of this paragraph."

*NOTE:

- "H" Symbol - municipal services




"418 (1) NOTWITHSTANDING the provisions of Sections 4.10 and 23.2.9b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Numbered Two Hundred and Forty-four (244), Two Hundred and Forty-five (245) and Two Hundred and Forty-six (246) in the Blackwood Addition, SAVING AND EXCEPTING lane taken by The Corporation of the City of Fort William by registered by-law (if any) according to a Plan registered in the Registry Office for the Registry Division of the District of Fort William as Number 42,


a) DEFINITIONS

AUTOMOTIVE GAS BAR

Means the use of land, or building, or structure where vehicle fuel (not including propane), or lubricants, are offered for sale but where no provision is made for the repair or maintenance of vehicles and shall not include any other automotive use specifically defined in this By-law, except that a car wash containing a maximum of six (6) washing bays is permitted as part of an automotive gas bar. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises is permitted in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0 square metres.

b) Maximum Number of Main Buildings per lot:

The provision of Section 23.2.9b) of this By-law shall continue to apply, except where a car wash is included as part of an automotive gas bar, in which case a maximum of two main buildings is permitted.

(2) NOTWITHSTANDING any provision of this By-law to the July 26 contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph,


a) Stacking Lanes for a Car Wash:

Where a car wash is included as part of an automotive gas bar, a minimum of three (3) vehicular waiting spaces with each space measuring not less than 3.0 metres in width and 6.0 metres in length shall be provided for each washing bay."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 9, Registered Plan 428, and portions of the abutting street allowances,

all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 9, Registered Plan 428,

as shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,



1660 square metres


27.4 metres."


Effective Date: August 23, 1993 Effective Date: January 25, 1999


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot One (1), Registered Plan 801 and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "HC" - Highway Commercial Zone."



FIRSTLY

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay and being composed of part of Lot Six (6), Concession A, being more particularly described as Parts 1 and 7, Reference Plan 55R-9480;

SECONDLY

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly in the Township of McIntyre, in the District of Thunder Bay, and being composed of part of Lot Thirteen (13), Registered Plan M-339, being more particularly described as Parts 2, 3, 4 , 5 and 6, Reference Plan 55R-9480;

THIRDLY

A portion of the abutting street allowances,



are hereby removed from the "R1" Residential One Unit Zone, "R2" - Residential One and Two Unit Zone and "NC1" - Neighbourhood Commercial Zone 1, and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Section 23.1 of this By-law, in the case of the lands FIRSTLY AND SECONDLY described in subparagraph (1) of this paragraph,


a) PERMITTED USES


- neighbourhood clinic

- variety store with or without one or more dwelling units to a maximum of four dwelling units located in the same building therewith

- buildings, structures, or uses accessory to the foregoing."

BY-LAW 274-1993 Effective Date: September 13th, 1993


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot One Hundred and Thirty-eight (138), Registered Plan 55M-525,



No driveway to a private parking area shall be located closer than 4.0 metres from the intersection of two streets measured from a point where the two street lines intersect."


"423 (1) NOTWITHSTANDING the provisions of Section 5.13.9a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Forty-nine (49), east side of Vickers Street, Registered Plan W-178,



The provisions of Section 5.13.9a) of this By-law shall continue to apply except in the case of the building existing on the 27th day of September, 1993, in which case a minimum of one (1) parking space shall be required for each dwelling unit.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the building municipally known as 206 South Vickers Street, existing on the 27th day of September, 1993, including the decks at the rear of the said building, shall be permitted to remain in its present location and the said building shall be permitted to contain a maximum of three (3) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building including the said decks, provided such repair or restoration does not increase the height, size or volume of the said building or said decks."



"424 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 2-H and 2-I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 14, Concession B, more particularly described as Parts 1, 2 and 3, Reference Plan 55R-9545, and a portion of the abutting street allowance,


are hereby removed from the "OS" - Open Space Zone and designated as part of the "RU" - Rural Area Zone."



All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of:

FIRSTLY: (LAND TITLES)

Surface Rights only in Blocks A and B, Plan M-100, being Parcel 3602 in the Register for Section City of Fort William (Freehold), now the City of Thunder Bay, in the District of Thunder Bay.

SECONDLY: (REGISTRY)

That portion of Lot 1, Plan 780 which may be more particularly described as follows:

COMMENCING at a point in the Westerly boundary of the said Lot 1, distant 78.69 feet measured Southerly from the North-west angle thereof;

THENCE Easterly and parallel to the Northerly boundary of the said Lot 1 to a point in the Easterly boundary of said Lot 1 distant 78.69 feet measured perpendicularly Southerly from the Northerly boundary of the said Lot 1;

THENCE along the Easterly boundary of said Lot 1 to the South-east angle of the said Lot 1

THENCE Westerly in a straight line along the Southerly boundary to the South-west angle of the said Lot 1;

THENCE Northerly along the Westerly boundary of the said Lot 1 to the POINT OF COMMENCEMENT.

THIRDLY:

Portion of the abutting street allowance,


are hereby removed from the "LIP" - Light Industrial Park Zone and designated as part of the "GC2" - General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Section 25.1 of this By-law, in the case of the lands and premises FIRSTLY and SECONDLY described in subparagraph (1) of this paragraph, the following provisions shall apply:


PERMITTED USES

A dwelling unit is not a permitted use.

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly FIRSTLY: and SECONDLY: described in subparagraph (1) of this paragraph, the following provision shall apply:

A fence with a minimum height of 1.6 metres shall be provided and maintained along the full length of the easterly lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-1, shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "R1" - Residential One Unit Zone, the "RIA" - Residential One Unit Zone A, the "R2A" - Residential Two Unit Zone, the "RM2B" - Residential Multiple Medium Density Zone B, the "NC2" - Neighbourhood Commercial Zone 2 and the "OS" - Open Space Zone, as shown on the said EXHIBIT ONE.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of Mining Location R-1, shown as "Block 145" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

MINIMUM LOT FRONTAGE:

10 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being more particularly described as Lots 1, 3, 4, 5, 18, 19, 20, 21, 22, 23 and 24, Registered Plan 55M-534,


(a) PERMITTED USES

With the exception of automotive sales establishment the uses listed in Section 33.1 of this By-law shall be permitted, and in addition, community clinic, neighbourhood clinic and office are permitted uses."


"428 NOTWITHSTANDING the provisions of Sections 4.49, 4.146 and 5.13.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 7, Registered Plan 55M-540, SAVING AND EXCEPTING Part 2, Reference Plan 55R-8623,


a) DEFINITIONS

i) DAY NURSERY

Means a building or part thereof duly licensed by the Province of Ontario for use as a facility for the temporary (less than 24 hours) care of children and/or adults.

ii) NURSING HOME

Means a building or part thereof wherein meals, personal care, nursing services, and/or medical care, and/or treatment are provided for gain or profit or as a charitable public service, but does not include a hospital as defined herein, and may contain day nursery, and/or neighbourhood clinic, and/or personal service shop.

b) The provisions of Section 5.13.9 of this By-law shall continue to apply, and in addition, the following shall also apply:

i) In the case of a nursing home which contains day nursery, and/or neighbourhood clinic, and/or personal service shop, the parking space requirement shall be the sum of the requirement for each separate use."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 230 to 253 inclusive, Lots 276 to 287 inclusive, Registered Plan M-63 part of lane and Miles Street stopped up and closed by By-law, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS

i) Day Nursery

Means a building or part thereof duly licensed by the Province of Ontario for use as a facility for the temporary (less than 24 hours) care of children and /or adults.

ii) NURSING HOME



(i) In the case of a nursing home which contains day nursery, and/or neighbourhood clinic, and/or personal service shop, the parking space requirement shall be the sum of the requirement for each separate use."



"430 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-Q and 4-Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Block "C", Registered Plan Number 59, designated as Part 2, Reference Plan 55R-6525, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 6 to 24, Block 41, Registered Plan 121, Lots 8 to 26, Block 42, Registered Plan 121, portion of lanes, Nelson, McCulloch and Powley Streets stopped up and closed by By-law, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS

i) Day Nursery

Means a building or part thereof duly licensed by the Province of Ontario for use as a facility for the temporary (less than 24 hours) care of children and /or adults.

ii) NURSING HOME



(i) In the case of a nursing home which contains day nursery, and/or neighbourhood clinic, and/or personal service shop, the parking space requirement shall be the sum of the requirement for each separate use."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Six (6) to Eleven (11) both inclusive, Block 21, Registered Plan M-25 and a portion of the abutting street allowance shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "R2" - Residential One and Two Unit Zone.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 6 to 11 inclusive, Block 21, Registered Plan M-25,


Minimum Lot Depth:

27 metres."

BY-LAW 6-1994 Effective Date: Janaury 10, 1994


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being more particularly described as follows:

FIRSTLY:

Lots 1, 2 and 3, Registered Plan M-336;

SECONDLY:

Portion of Lot 4, Registered Plan M-336 designated as Parts 4 and 5, Reference Plan 55R-6490;

THIRDLY:

Blocks B and D, Registered Plan M-336;

FOURTHLY:

Block C, Registered Plan M-336, saving and excepting Part 6, Reference Plan 55R-6490;

FIFTHLY:

Portions of Block B, Registered Plan 852, designated as Part 1, Reference Plan 55R-3089; Parts 1, 2 and 4, Reference Plan 55R-4345; Part 1, Reference Plan 55R-5822; and Parts 1 and 2, Reference Plan 55R-5901;

SIXTHLY:

Portions of Block C, Registered Plan 852 designated as Part 135, Reference Plan 55R-2515; Parts 1 and 2, Reference Plan 55R-2642; and Parts 1 and 2, Reference Plan 55R-2782; and

SEVENTHLY:



(a) PERMITTED USES

In addition to the uses listed in Section 33.1 of this By-law, as amended by By-law Number 134-1987, community clinic and neighbourhood clinic are permitted uses."



"434 Repealed by By-law 12-1999 Effective Date: January 25, 1999


"435 Repealed by By-law 193-1997 Effective Date: August 11, 1997


"436 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-I of this By-law, in the case of the lands and premises being more particularly described as follows, namely:






THENCE Easterly along the South limit of the said Location F, 505.21 feet to the Northwesterly limit of an expropriation by the Department of Highways as shown on plan filed in the Registry Office at Port Arthur as Number 10414;



THENCE Northerly parallel to the East limit of the said Location F, 777.08 feet, more or less, to the POINT OF COMMENCEMENT.


COMMENCING at a point in the North limit of the said Location where it is intersected by a line drawn parallel to the East limit of the said Location and distant therefrom 1881 feet measured Westerly from and at right angles to the East limit of Mining Location F;


THENCE North 89 degrees 34 minutes East along the said limit of the Oliver Road, 467.80 feet;


THENCE Westerly along the said limit of the said Location 1, 505.21 feet, more or less, to the POINT OF COMMENCEMENT.


SAVING AND EXCEPTING therefrom Parts 1 and 2 on Reference Plan 55R-5668 and Part 1 on Reference Plan 55R-8342.

THIRDLY:

Portions of the abutting street allowances.

All shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "NIN" - Neighbourhood Institutional Zone.







THENCE Easterly along the South limit of the said Location F, 505.21 feet to the Northwesterly limit of an expropriation by the Department of Highways as shown on plan filed in the Registry Office at Port Arthur as Number 10414;



THENCE Northerly parallel to the East limit of the said Location F, 777.08 feet, more or less, to the POINT OF COMMENCEMENT.


COMMENCING at a point in the North limit of the said Location where it is intersected by a line drawn parallel to the East limit of the said Location and distant therefrom 1881 feet measured Westerly from and at right angles to the East limit of Mining Location F;


THENCE North 89 degrees 34 minutes East along the said limit of the Oliver Road, 467.80 feet;



THENCE Westerly along the said limit of the said Location 1, 505.21 feet, more or less, to the POINT OF COMMENCEMENT;

SAVING AND EXCEPTING therefrom Parts 1 and 2 on Reference Plan 55R-5668 and Part 1 on Reference Plan 55R-8342,


a) Buffering:

A buffer strip having a minimum width of 10.0 metres shall be provided and maintained along each lot line, that is not a street line, abutting any Residential Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 21, Concession III, N.K.R., being Part One (1), Reference Plan 55R-6489,



70.0 metres."


"438 NOTWITHSTANDING the provisions of Clause (l) of Section 4.59 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 7, Registered Plan 55M-540, designated as Part 2, on Reference Plan 55R-8623,


(a) A senior citizen dwelling as defined in Clause (1) of Section 4.59 of this By-law is permitted to contain a variety store having a maximum gross floor area of 65 square metres."


"439 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-F and 12-F of this By-law, the lands and premises being more particularly described as follows, namely:

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 19, Concession 4, S.K.R., designated as Part One (1), Reference Plan 55R-9688,

all shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this Paragraph,

are hereby removed from the "HL" - Hazard Land Zone and "RS" - Residential Suburban Zone and designated as part of the "CIN" - Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 38.1 and 38.2.7 of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,



a) PERMITTED USES

- educational institution

- buildings, structures, or uses accessory thereto

b) Maximum Height

12.0 metres for an educational institution."


"440 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K and 5-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Sixteen (16), Registered Plan Number 371, shown as "PROPERTY LOCATION 1" ON EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K and 5-K of this By-law, the lands and premises being more particularly described as follows, namely:


are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R1A" - Residential One Unit Zone A.



are hereby removed from the "RF1" -Residential Future Zone 1 and designated as part of the "OS" - Open Space Zone.



are hereby removed from the "RF1" -Residential Future Zone 1 and designated as part of the "R2A" - Residential Two Unit Zone.

(5) NOTWITHSTANDING the provisions of Section 40.2.1 of this By-law, in the case of the lands and premises described in subparagraph (3) of this paragraph,




7 metres."



All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of a portion of Lot Four (4), on the East side of Leland Avenue, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay, as Number W-690, more particularly described as follows,

COMMENCING at the South-west angle of the said Lot Four (4);

THENCE Northerly along the West limit of the said Lot, Two Hundred and Sixty-three and Ninety-two One-Hundredths (263.92) feet to the place of beginning;

THENCE Easterly and parallel to the North limit of the said Lot One Hundred and Sixty-five and Thirty-five One-Hundredths (165.35) feet to the limit between the East half and the West half of the said Lot;

THENCE Southerly along the last mentioned limit, One Hundred and Thirty-two and Thirty-two One-Hundredths (132.32) feet to a point distant One Hundred and Sixty-five and Four-Tenths (165.4) feet to the said West limit;

THENCE Westerly and parallel to the said North limit One Hundred and Sixty-five and Four-Tenths (165.4) feet to the said West limit;

THENCE Northerly along the said West limit, One Hundred and Thirty-two and Thirty-two One-Hundredths (132.32) feet, more or less, to the place of beginning,

and a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "NC1" - Neighbourhood Commercial Zone 1 and designated as part of the "NC2" - Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.227, 5.13.9, 23.1 and 23.2.7 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of a portion of Lot Four (4), on the East side of Leland Avenue, according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay, as Number W-690, more particularly described as follows,

COMMENCING at the South-west angle of the said Lot Four (4);

THENCE Northerly along the West limit of the said Lot, Two Hundred and Sixty-three and Ninety-two One-Hundredths (263.92) feet to the place of beginning;

THENCE Easterly and parallel to the North limit of the said Lot One Hundred and Sixty-five and Thirty-five One-Hundredths (165.35) feet to the limit between the East half and the West half of the said Lot;


THENCE Southerly along the last mentioned limit, One Hundred and Thirty-two and Thirty-two One-Hundredths (132.32) feet to a point distant One Hundred and Sixty-five and Four-Tenths (165.4) feet to the said West limit;

THENCE Westerly and parallel to the said North limit One Hundred and Sixty-five and Four-Tenths (165.4) feet to the said West limit;

THENCE Northerly along the said West limit, One Hundred and Thirty-two and Thirty-two One-Hundredths (132.32) feet, more or less, to the place of beginning,


a) DEFINITIONS

VARIETY STORE

Means a retail business, with a maximum gross floor area of 275.0 square metres, selling food and associated small household items. The sale of prepared foods for consumption off the premises is permitted, provided the gross floor area devoted to such prepared foods does not exceed 10.0 square metres. The preparation and sale of uncooked pasta, is also permitted.


Parking Spaces Required:

The provisions of Section 5.13.9 of this By-law shall continue to apply except in the case of a shopping centre containing a maximum of one dwelling unit and a maximum gross retail floor area of 710 square metres, in which case a minimum of one (1) space for every 17.0 square metres of gross retail floor area to a maximum of 27 spaces is required.

c) PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, "restaurant having a maximum gross floor area of 115 square metres" is permitted.


3.0 metres."


Effective Date: April 11, 1994 Effective Date: September 12, 1994


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot Thirteen (13), Concession 2, S.K.R., being Part One (1) of Reference Plan 55R-1280,


(a) DEFINITION

COUNTRY INN

Means a building in which a maximum of twelve (12) guest rooms are provided for the overnight accommodation of the travelling or vacationing public, and which may include dining rooms, banquet facilities and meeting rooms, and a dwelling unit for the owner or caretaker."


(b) PERMITTED USES

In addition to the uses listed in Section 10.1 of this By-law, "Country Inn" is a permitted use."

(c) Parking Spaces Required:

In addition to the requirements of Section 5.13.9b) of this By-law, the following provisions shall apply:


Country Inn One space for every guest room plus one space for every four persons that can be accommodated at any one time in the dining rooms, banquet facilities and meeting rooms."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 78 and 79, Registered Plan 280 and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 5.13.4, 15.2.4, 15.2.6 b), 15.2.9 and 15.2.10 of this By-law, in the case of the lands and premises being more particu-larly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 78 and 79, Registered Plan 280,


a) Dimensions of Parking Spaces:

A parking spaces required hereby shall have minimum rectangular dimensions of 2.75 metres by 6.0 metres subject to the exceptions contained in Section 5.13.4 a),b),c) and d) of this By-law.

b) Minimum Front Yard:

The provisions of Section 15.2.4 of this By-law shall continue to apply except in the case of the building existing on the 17th day of January, 1994 which is permitted to remain in its present position while maintaining a minimum front yard of 2.0 metres. Nothing in this By-law shall prevent the strengthening, repair or restoration of the said building provided however that any addition or extension to the said building shall provide and maintain the minimum front yard required by Section 15.2.4 of this By-law.



The provisions of Section 15.2.6 b) of this By-law shall continue to apply except in the case of the building existing on the 17th day of January, 1994 which is permitted to remain in its present position while maintaining a southerly interior side yard of 1.6 metres. Nothing in this By-law shall prevent the strengthening, repair or restoration of the said building provided however any addition to the said building shall provide and maintain the minimum interior side yards required by Section 15.2.6 b) of this By-law.


12.7 metres

e) Maximum Height

8.0 metres


(a) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line; and along each of the interior side lot lines between the rear lot line and a point 7.5 metres from the front lot line.

(b) Location of Parking Spaces:

All parking spaces shall be located in the rear year."


"444 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-G of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Seventeen (17), Concession 3, N.K.R., being more particularly described as a portion of Part One (1), Reference Plan 55R-2272, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the provisions of Section 10.2.2(b)(ii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Seventeen (17), Concession 3, N.K.R., being more particularly described as a portion of Part One (1), Reference Plan 55R-2272, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,



20.0 metres."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Five (5) to Eight (8), Block 8, Registered Plan Number 8,


PERMITTED USES

In addition to the uses listed in Section 13.1 of this By-law, a residential care unit type II is a permitted use.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1),


(a) A privacy fence having a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line, and along the interior side lot lines between the rear lot line and a point 6.0 metres from the front lot line."


"446 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-H and 8-I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots Twelve (12), Thirteen (13) and Fourteen (14), in Concession 3, North of the Kaministiquia River, more particularly described as Part One (1) of Description Reference Plan 55R-9631,



are hereby removed from the "FD" - Future Development Zone and designated as part of the "HC-H" - Highway Commercial Zone - Holding.

(2) In the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots Twelve (12), Thirteen (13) and Fourteen (14), in Concession 3, North of the Kaministiquia River, more particularly described as Part One (1) of Description Reference Plan 55R-9631,


DEFINITIONS

(a) AIRPORT RELATED OFFICE

Means the use of land, or building, or structure, or part thereof, intended or used as an office for a business or profession directly related to an Airport and without limiting the generality of the foregoing includes the office of an airline and parcel/shipping offices.


(b) SIGN

Means an advertising device or notice and means any visual medium, including its structure and other component parts, which is used or capable of being used to attract attention to a specific subject matter, other than itself, for identification, information or advertising purposes.

(c) SIGN, GROUND

Means a sign directly supported by the ground without the aid of any other building or structure, other than the sign structure.

(d) SIGN, ROOF

Means a sign which is located entirely on or above the main roof of a building or located entirely above a parapet of a building.

(e) SIGN, WALL

Means a sign entirely supported by or through the face of a building or structure, or by component members comprising all or part of said face.

(f) SIGN FACE

Means that portion of the sign, excluding the sign structure, upon which, as part of, against or through which the message of the sign is displayed.

(g) SIGN HEIGHT

Means the vertical distance from the ground to the top of the sign, including the border or frame where applicable.

(3) NOTWITHSTANDING the provisions of Sections 27.1(a) and 27.1(b) of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph,


(a) PERMITTED USES

- airport related office - bank - beer store - building supply outlet - car rental agency - community bake shop - community clinic - drugstore - dry-cleaning depot - furniture showroom - government building - greenhouse - hotel - Laundromat - library - liquor store - motel - neighbourhood clinic - nursery - restaurant


- shopping centre containing two or more uses permitted in this paragraph

- variety store - veterinary clinic - video rental shop - wholesale store - buildings, structures, or uses accessory thereto (4) In the case of the lands and premises described in subparagraph (2) of this Paragraph,


(a) Except as otherwise provided in subclause (b) hereof, no part of any driveway, loading space or private parking area shall be located in a rear yard or an exterior side yard.

(b) The lands and premises shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph are excluded from the provisions of subclause (a) hereof, except that no part of any driveway, loading space or private parking area shall be located in an exterior side yard or in the area within the extension of such side yard to the front lot line.

(5) NOTWITHSTANDING the provisions of Section 5.19 of this By-law, in the case of the lands and premises described in subparagraph (2) of this Paragraph, the following provisions shall apply:

(a) For ground signs located in a rear yard, exterior side yard or interior side yard:

(i) Maximum number of signs per lot:

1 only

(ii) Maximum sign height:

3.35 metres

(iii) Maximum width of sign face:

2.45 metres

(iv) Maximum height of sign face:

1.85 metres

(v) Maximum height of signs above the elevation of the centre line of Arthur Street:

3.0 metres

(vi) All illuminated signs shall be illuminated internally with all lighting fixtures enclosed within the sign itself with the sign face being con-structed of a translucent material.

(vii) Signs shall be constructed so that the sign face is within 5 degrees of a line drawn perpendicular to Arthur Street.

(viii) No sign shall be located less than 0.3 metres from the property line adjacent to Arthur Street.

(b) For ground signs located in a front yard, no portion of the sign shall project above the highest main building on the lot upon which the sign is located.

(c) No roof signs shall be permitted.

(d) No wall signs shall be permitted on any wall which faces a rear lot line, exterior side lot line or interior side lot line.


(e) Except as otherwise provided herein, the provisions of the City of Thunder Bay Sign By-law shall apply."

(6) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraphs (1) and (2) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES

(i) Buildings, structures or uses legally existing on the 16th day of May, 1994;

(ii) Buildings, structures or uses accessory to a use permitted in this Section, whether legally existing on the 16th day of May, 1994, or hereafter erected, in accordance with the provisions of Section 5.2 of this By-law."

*NOTE:

"H" Symbol - enter into Subdivision Agreement



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 96, 97, 116 and 117, Registered Plan 547 and portions of the abutting street allowances,


are hereby removed from the "RF1" - Residential Future Zone 1 and the "R1" - Residential One Unit Zone and designated as part of the "R1" - Residential One Unit Zone."


"448 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M and 4-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location R-3, Savigny's Survey, as shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "R1" - Residential One Unit Zone, the "R1A" - Residential One Unit Zone A and the "OS" - Open Space Zone, as shown on the said EXHIBIT ONE."


"449 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-M and 4-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location R-3, Savigny's Survey, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of "NC2-H" - Neighbourhood Commercial Zone 2 - Holding."

*NOTE:

"H" Symbol - serviced with water service adequate for fire flows


"450 Repealed by By-law 11-1995 Effective Date: January 23, 1995


"451 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-D of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Wood's Location, more particularly described as follows,

PREMISING that the bearings herein are derived from those shown on Department of Highways Plan P-2890-7 registered in the Registry Office at Thunder Bay as Number 10409;

COMMENCING at a point in the West limit of the said Location where it is intersected by the Northerly limit of the Oliver Road as shown on the said Plan by the Department of Highways;

THENCE North 89 degrees, 49 minutes and 30 seconds East along the said limit of the said Highway, 198.42 feet;

THENCE continuing Easterly along the said limit of the said Highway on a curve to the left having a radius of 2804.79 feet, an arc distance of 494.3 feet, the chord equivalent being North 84 degrees, 46 minutes and 35 seconds East, 493.65 feet, more or less, to intersect a line drawn parallel to the West limit of the said Location and distant 690 feet measured Easterly from and at right angles to the West limit of the said Location;

THENCE Northerly parallel to the West limit of the said Location, 1038.78 feet, more or less, to a point in the Southerly limit of the original right-of-way of the Grand Trunk Pacific Railway;

THENCE North 77 degrees and 58 minutes West along the said limit of the said right-of-way, 706.33 feet, more or less, to the West limit of the said Location;

THENCE Southerly along the West limit of the said Location, 1233.56 feet, more or less, to the point of commencement,

are hereby removed from the "RU" - Rural Area Zone and "HL" - Hazard Land Zone and designated as part of the "RU-F" - Rural Area Zone - Lands Susceptible to Flooding."


"452 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-0 of this By-law, the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 27 and 28 and a portion of Lots 24, 25 and 26, Registered Plan Number 175, more particularly described as Part 2, Reference Plan 55R-9821.


SECONDLY:

A portion of the abutting street and lane allowances,

all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "GC1" - General Commercial Zone 1.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-0 of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lots 24,25 and 26, Registered Plan 175, more particularly described as Part 1, Reference Plan 55R-9821, and a portion of the abutting street and lane allowances,



(3) NOTWITHSTANDING the provisions of Sections, 5.13.9 (b) 24.2.3 and 24.2.5 of this By-law, in the case of the lands and premises FIRSTLY described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) The provisions of Section 24.2.3 shall continue to apply except in the case of the building which actually existed on the 20th day of June, 1994, which shall be permitted to remain in its present position while maintaining a minimum interior side yard of 2.0 metres.

(b) The provisions of Section 5.13.9b) shall continue to apply except in the case of an office located in the building which actually existed on the 20th day of June, 1994, in which case a minimum of one parking space shall be provided for every 24.2 square metres of gross floor area."


"453 NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay and being composed of:

FIRSTLY:

Lot 78, Registered Plan 1720.

SECONDLY:

Part of Lot 79, Plan 1720, more particularly described as follows:

COMMENCING at the most Westerly angle of the said Lot;

THENCE North Easterly along the North Westerly limit of the said Lot, 100.22 feet, more or less, to the most Northerly angle of the said Lot;

THENCE South Easterly along the North Easterly limit of the said Lot, 2 feet;

THENCE South Westerly parallel to the North Westerly limit of the said Lot, 99.32 feet, more or less, to the Southerly limit of the said Lot;


THENCE Westerly along the said limit of the said Lot, 2.19 feet, more or less, to the point of commencement,


(a) The building existing on the 17th day of January, 1994 is permitted to be used for one (1) of the following uses:

- a rooming house, containing not more than seven (7) rooming units, and a service shop, having a maximum gross floor area of 65 square metres

- a single detached dwelling; or

- a duplex dwelling

(b) For the purpose of this paragraph, a rooming unit is permitted to contain more than one (1) room but shall not contain cooking or sanitary facilities.

(c) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such repair or restoration does not increase the height, size, or volume or change in any way the use of the said building, except to a use permitted in subparagraph (a) of this paragraph.

(d) Any redevelopment of the lands described in this paragraph shall comply with all of the requirements of the "R2" Residential One and Two Unit Zone."


"454 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-G and 11-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Fifteen (15), Concession 2, S.K.R.,

shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HL" - Hazard Land Zone, and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 11-G and 11-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Fifteen (15), Concession 2, S.K.R.,


are hereby removed from the "RS" - Residential Suburban Zone, and designated as part of the "HL" - Hazard Land Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot Fifteen (15), Concession 2, S.K.R., more particularly described as follows, namely:


FIRSTLY:

Part of the South Half of Lot 15, Concession 2, S.K.R., designated as Part 1 on Reference Plan 55R-3400, SAVING AND EXCEPTING Part 1 on Reference Plan 55R-4289, City of Thunder Bay, District of Thunder Bay.

SECONDLY:

Part of the South Half of Lot 15, Concession 2, S.K.R., designated as Part 2 on Reference Plan 55R-3400, SAVING AND EXCEPTING Part 3 on Reference Plan 55R-5702, City of Thunder Bay, District of Thunder Bay.

THIRDLY:

Part of the South Half of Lot 15, Concession 2, S.K.R., designated as Part 3 on Reference Plan 55R-3400, SAVING AND EXCEPTING Parts 1 and 2 on Reference Plan 55R-5702, City of Thunder Bay, District of Thunder Bay.

FOURTHLY:

Part of the South Half of Lot 15, Concession 2, S.K.R., designated as Part 4 on Reference Plan 55R-3400, City of Thunder Bay, District of Thunder Bay.

FIFTHLY:

Part of the South Half of Lot 15, Concession 2, S.K.R., City of Thunder Bay, District of Thunder Bay,

more particularly described as follows:

COMMENCING at the southeasterly angle of Lot 15;

THENCE westerly along the southerly limit of the said Lot, a distance of 1,320 feet, more or less, to the southwest angle of the said Lot;

THENCE northerly along the westerly limit of the said Lot, a distance of 495 feet to a point on the said westerly limit of the said Lot;

THENCE easterly and parallel to the southerly limit of the said Lot to a point on the said easterly limit of the said lot which said point is distant 495 feet measured northerly along the said easterly limit from the said southeast angle of the said Lot;

THENCE southerly along the easterly limit of the said Lot 2 to the point of commencement, the same containing fifteen (15) acres, more or less,



"455 In addition to the uses set out in Section 32.1 and in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

A portion of Lot 184, according to a Plan registered in the Registry Office for the Registry Division of Port Arthur as Plan 572, being more particularly described as follows:

COMMENCING at the South Easterly angle of the said Lot;

THENCE Westerly, along the Southerly limit of the said Lot 141.46 feet;


THENCE North Easterly in a straight line to a point in the Northerly limit of the said Lot which is distant 91.48 feet measured Westerly thereon from the North Easterly angle of the said Lot;

THENCE Easterly, along the Northerly limit of the said Lot, to the said North Easterly angle;

THENCE Southerly along the Easterly limit of the said Lot to the point of commencement.

SECONDLY:

A portion of Lot 185, according to a Plan registered in the Registry office for the Registry Division of Port Arthur as Plan 572, being more particularly described as follows:

COMMENCING at the South Easterly angle of the said Lot;

THENCE Westerly, along the Southerly limit of the said Lot 91.48 feet;

THENCE North Easterly in a straight line to a point in the Northerly limit of the said Lot which is distant 41.5 feet measured Westerly thereon from the North Easterly angle of the said Lot;

THENCE Easterly along the Northerly limit of the said Lot to the said North Easterly angle;

THENCE Southerly along the Easterly limit of the said Lot to the point of commencement,

an office shall be a permitted use."


"456 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-R and 5-R of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the McCulloch Street road allowance, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "OS" - Open Space Zone and designated as part of the "HI" - Heavy Industrial Zone

(2) NOTWITHSTANDING the provisions of Sections 4.12, 34.2.2b) and 34.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY: Portion of Lot 1, Block 80, Registered Plan 121:

COMMENCING at a point in the Northwesterly limit of the said Lot distant 50 feet measured Northeasterly thereon from the most Westerly angle of the said Lot;

THENCE Southeasterly parallel with the Southwesterly limit of the said lot, 50 feet to the Southeasterly limit of the said Lot;

THENCE Northeasterly along the said limit of the said Lot, 70 feet, more or less, to the most Easterly angle of the said Lot;

THENCE Northwesterly along the Northeasterly limit of the said Lot, 50 feet to the most Northerly angle of the said Lot;

THENCE Southwesterly along the Northwesterly limit of the said Lot, 70 feet more or less, to the point of commencement;


SECONDLY: Portion of Lot 2, Block 80, Registered Plan 121:

COMMENCING at a point in the Northwesterly limit of the said lot distance 50 feet measured Northeasterly thereon from the most Westerly angle of the said Lot:

THENCE Southeasterly parallel with the Southwesterly limit of the said Lot, 69.85 feet, more or less, to the Southeasterly limit of the said Lot:

THENCE Northeasterly along the said limit of the said Lot, 70.03 feet, more or less, to the most Easterly angle of the said Lot;

THENCE Northwesterly along the Northeasterly limit of the said Lot, 68 feet, more or less, to the most Northerly angle of the said Lot;

THENCE Southwesterly along the Northwesterly limit of the said Lot, 70 feet more or less, to the point of commencement;

As described in Instrument Number 310128.

THIRDLY: A portion of the McCulloch Street road allowance, more particularly described as Parts 1 to 5 inclusive of Reference Plan 55R-9842,


(a) DEFINITIONS

AUTOMOTIVE SERVICE STATION

Means the use of land, or building, or structure which includes facilities for the repair, maintenance, and storage of vehicles and aircraft, excluding aircraft engines, and where fuels, including propane not exceeding a storage capacity of 7,570 litres, lubricants, parts and accessories may be offered for sale but does not include any other automotive use specifically defined in this By-law. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises is permitted in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0 square metres. All repair and maintenance shall be conducted entirely within an enclosed building.


Lots with municipal piped water but without municipal sewage disposal:

24 metres.

(c) Buffering:


BY-LAW 250-1994 Effective Date: September 12, 1994 as amended by OMB ORDER R 950278 April 11, 1996




FIRSTLY:

A portion of Lots Three (3) and Four (4), Registered Plan Number 428, designated as Parts 1 and 2 on Reference Plan 55R-10058, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph, and

SECONDLY:

A portion of the abutting street allowance shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF2" - Residential Future Zone 2 and the "R1" - Residential One Unit Zone and designated as part of the "R2" - Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 13.1 of this By-law, in the case of the lands and premises FIRSTLY: described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) PERMITTED USES

In addition to the uses listed in Section 13.1 of this By-law, a maximum of six (6) semi-detached dwellings, with an attached garage for each dwelling unit, is a permitted use.

(b) In addition to the regulations of Section 5 of this By-law,

the following provisions shall apply to the additional use listed in this subparagraph (2) of this paragraph:


Shall be the area of the lands FIRSTLY: described in subparagraph (1) of this paragraph

(ii) Minimum Lot Frontage:

20 metres

(iii) Minimum Front Yard:

49 metres

(iv) Minimum Rear Yard:

4.5 metres

(v) Minimum Interior Side Yard:

4.5 metres

(vi) Maximum Height:

10.0 metres

(vii) Maximum Number of Main Uses and Main Buildings Per Lot:

a) Uses:

one only

b) Buildings:

six provided a minimum distance of 9.0 metres separate each main building


(viii) Lot Coverage:

35%

(ix) Buffering:

A privacy fence shall be constructed and maintained along the rear lot line and along the interior side lot lines between the rear lot line and a point 12.0 metres from the front lot line at a minimum height of 1.8 metres, except between 12.0 metres and 15.6 metres from the front lot line, the fence shall have a minimum height of 1.2 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Fifty (50), Registered Plan 634, and a portion of the abutting closed lane allowance, Registered Plan 634, being more particularly described as Parts Four (4) and Five (5), Reference Plan 55R-7690, and a portion of the abutting street allowances,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Fifty (50), Registered Plan 634, and a portion of the abutting closed lane allowance, Registered Plan 634, being more particularly described as Parts Four (4) and Five (5), Reference Plan 55R-7690, the following provisions shall apply:

a) DEFINITIONS

AUTOMOTIVE SERVICE STATION

Means the use of land, or building, or structure which includes facilities for the repair, maintenance, and storage of vehicles and where lubricants, parts and accessories may be offered for sale but does not include any other automotive use specifically defined in this By-law. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises is permitted therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0 square metres.

b) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line; and along the exterior side lot line between the rear lot line and a point 6.0 metres from the front lot line."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North West Quarter of Section 52, designated as Part 1, Reference Plan PAR-606, saving and excepting Part 3, Reference Plan 55R-846,


(a) DEFINITION

CATALOGUE SALES SHOWROOM

Means a retail commercial establishment having a minimum gross floor area of 750 square metres, in which orders are accepted for the purchase of goods listed in a catalogue provided by the establishment and in which some or all of the goods so listed may also be available within the establishment for sale at retail.

(b) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, catalogue sales showroom is a permitted use on the lands described in this paragraph."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 356 to 360 both inclusive, and the easterly half of Lot 355, Registered Plan M-31 and a portion of the abutting streets and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 5.12.4a), 5.13.1d)ii), 5.13.9a) and 15.2.1a)iii) of this By-law, in the case of the lands and premises being more particu-larly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 356 to 360 both inclusive and the easterly half of Lot 355, Registered Plan M-31,


a) Number of Loading Spaces Required:

The provisions of Section 5.12.4a) of this By-law shall continue to apply, except in the case of the building existing on the 21st day of March, 1994, in which case no loading space is required.


The provisions of Section 5.13.1d)ii) shall continue to apply, except in the case of the building existing on the 21st day of March, 1994, in which case the minimum aisle width required for 45 to 70 degrees angle parking is 3.8 metres.



The provisions of Section 5.13.9a) of this By-law shall continue to apply except in the case of the building existing on the 21st day of March, 1994, in which case a minimum of 1.0 parking space is required for each dwelling unit.


The provisions of Section 15.2.1a)iii) shall continue to apply, except in the case of the building existing on the 21st day of March, 1994, which is permitted to contain a maximum of 18 dwelling units.


a) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line from the interior side lot line to a point 3.0 metres from the exterior side lot line, and along the interior side lot line from a point 4.0 metres from the rear lot line to a point 5.0 metres from the front lot line.

b) The building existing on the 21st day of March, 1994 is permitted to remain in its present position. Nothing in this By-law shall prevent the restoration to a safe condition of all or part of the said building, providing such strengthening or restoration does not increase the height, size or volume of the existing building. Any addition or extension to the existing building must comply with all of the requirements of this By-law."


"462 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-R and 3-S of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 19, and a portions of Lot 20, Registered Plan 523; and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, are hereby removed from the "OS" - Open Space Zone and designated as part of the "R2-H" - Residential One and Two Unit Zone - Holding.

(2) Notwithstanding any provisions of this By-law to the contrary, in the case of the lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 19 to 22, both inclusive, Registered Plan 523, the single detached dwelling, accessory building and deck which abuts the southerly side of the main building, existing on the 27th day of June, 1994, shall be permitted to remain in their present location. Nothing in this By-law shall prevent the said buildings including the said deck from being strengthened or restored or extended, provided such repair or restoration or extension would not further contravene any of the regulations of this By-law."

*NOTE:

"H" Symbol = municipal sewer and water services

BY-LAW NUMBER 340-1994 AMENDS PARAGRAPH "462" REMOVES H - SYMBOL


BY-LAW 280-1994

Effective Date: October 11, 1994 As amended by OMB ORDER R 950105


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location R-2, being part of Part One (1), Reference Plan 55R-8896, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone and designated as part of the "R2A" - Residential Two Unit Zone."


"464 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 6-O of this By-law, the lands and premises being more particularly described as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 31 and 32, Block 23, Registered Plan 147, and a portion of the abutting street and lane allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R2"- Residential One and Two Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Section 14.2.5(b) of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 31 and 32, Block 23, Registered Plan 147,


Minimum Interior Side Yard:

4.0 metres

(3) Notwithstanding any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described in subparagraph (2) of this paragraph, the following provisions shall apply:

(a) A minimum separation distance of 1.0 metre shall be provided and maintained between a driveway or private parking area and a main building located on the same lot therewith.

(b) No part of any driveway or private parking area shall be located in the rear yard.

(c) No part of any private parking area, except for a driveway, shall be located closer than 1.0 metre to the front lot line. The area between the front lot line and a private parking area shall be maintained as landscaped open space.

(d) A privacy fence shall be constructed and maintained along the northerly and southerly interior side lot lines. This privacy fence shall have a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre between the said point and the front lot line."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Twenty-five (25) and Twenty-six (26), Block 23, Registered Plan Number 147, and a portion of the abutting lane allowance,



(2) NOTWITHSTANDING the provisions of Sections 5.1 and 15.2.10a) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Twenty-five (25) and Twenty-six (26), Block 23, Registered Plan Number 147,



No driveway access to a commercial or private parking area shall be located closer than 6.0 metres from the intersection of two streets measured from a point where the two street lines intersect.

b) Maximum Height:

Apartment Dwelling or Senior Citizen Dwelling:

11.0 metres

(3) NOTWITHSTANDING any provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (2) of this paragraph,


(a) A minimum separation distance of 0.6 metres shall be provided and maintained between a driveway or private parking area and a main building located on the same lot therewith.

(b) A privacy fence shall be constructed and maintained along the interior side lot line between the rear lot line and a point 20.0 metres from the rear lot line. This privacy fence shall have a minimum height of 1.6 metres.

(c) A privacy fence shall be constructed and maintained along the rear lot line. This privacy fence shall have a minimum height of 1.6 metres between the interior side lot line and a point 6.0 metres from the exterior side lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre between the said point and the exterior side lot line.


d) Parking Barrier

Where any portion of a parking space is located within 0.6 metres of a street line, a parking barrier shall be provided and maintained between the parking space and the street line so as to prevent vehicles from encroaching onto the street allowance. For the purpose of this paragraph, a parking barrier means a barrier having a minimum height of 0.6 metres and a maximum height of 0.75 metres, which prevents any portion of a vehicle from projecting beyond the limits of a parking space."




FIRSTLY:

Lot Number Four Hundred and Seventy-six (476), Registered Plan 193.

SECONDLY:

A portion of Lot Number (9) in Concession "H" of the Township of Neebing Additional, now in the City of Thunder Bay, which said portion is more particularly described as follows:

COMMENCING at the Southeast corner of said Lot Number Nine (9), Concession "H";

THENCE West Thirty-three (33') feet along the South boundary of said Lot Number Nine (9) and North Two Hundred and Fifty (250') feet to the place of beginning;

THENCE West One Hundred and Twenty-two (122') feet parallel to the South limit of said Lot Number Nine (9) to a point;

THENCE South One Hundred (100') feet parallel to the said East limit of said Lot Number Nine (9) to a point;

THENCE East One Hundred and Twenty-two (122') feet and parallel with the South limit of said Lot Number Nine (9) to a point;

THENCE North One Hundred (100') feet parallel with the said East limit of said Lot Number Nine (9) to the place of beginning.

THIRDLY:

A portion of Lot Number Nine (9) in Concession "H" of the said Township of Neebing Additional, now in the said City of Thunder Bay, which said portion is more particularly described as follows:

COMMENCING at the South East corner of the said Lot Number Nine (9);

THENCE North along the Easterly boundary of the said Lot, One Hundred (100') feet;

THENCE West and parallel with the Southerly boundary of the said Lot, Thirty-three (33') feet to the place of beginning;

THENCE North and parallel with the Easterly boundary of the said Lot, Fifty (50') feet;


THENCE West and parallel with the Southerly boundary of the said Lot, One Hundred and Twenty-two (122') feet;

THENCE South and parallel with the Easterly boundary of the said Lot, Fifty (50') feet;

THENCE East and parallel with the Southerly boundary of the said Lot, One Hundred and Twenty-two (122') feet to the place of beginning.

FOURTHLY:



are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "GC2" - General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.124, 25.1, 25.2.1, 25.2.2, 25.2.3, 25.2.5, 25.2.6, 25.2.7, 25.2.8a) and 25.2.10 of this By-law in the case of the lands and premises more particularly described as FIRSTLY, SECONDLY and THIRDLY in subparagraph (1) of this paragraph, the following provisions shall apply:

a) LOT LINE, FRONT

Means the lot line abutting May Street.

b) PERMITTED USES

In addition to the permitted uses listed in Section 25.1 of this By-law, an apartment dwelling having a minimum of five (5) dwelling units is a permitted use.

c) The provisions of Sections 25.2.1, 25.2.2, 25.2.5 and 25.2.8a) shall continue to apply except in the case of an apartment dwelling in which case the following provisions shall apply:

i) Minimum Lot Area:

740.0 square metres in total for the first five dwelling units plus 90.0 square metres for each additional dwelling unit

ii) Minimum Lot Frontage:

20.0 metres

iii) Minimum Interior Side Yard:

1.0 metre for each 3.0 metres of building height or portion thereof for each interior side yard

iv) Maximum Number of Main Uses Per Lot:

one only


7.5 metres


10.0 metres


f) Maximum Height

11.0 metres

g) Buffering

A privacy fence having a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line and along the southerly interior side lot line from the rear lot line to a point 7.5 metres from the front lot line

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as FIRSTLY, SECONDLY and THIRDLY in subparagraph (1)of this paragraph, the following provisions shall apply:

a) Maximum Lot Coverage for an Apartment Dwelling:

35%

b) Landscaped Open Space

Every apartment dwelling shall provide a minimum landscaped open space of 10% of the lot area.

c) Access to Lane Allowance

No vehicular access to the abutting lane allowance is permitted."




FIRSTLY:

Lots Seventy-seven (77), Seventy-eight (78), and a portion of Lot Seventy-nine (79), all on the West side of Marks Street, in the Vickers Addition of the said City according to a Plan registered in the Registry Office for the Registry Division of Thunder Bay as Number W-144, being designated as Part One (1) on a Reference Plan of Survey deposited in the said Registry Office as Number 55R-5231, and

SECONDLY:

Portions of the abutting street and lane allowances,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.1d)iv) and 14.1 of this By-law, in the case of the lands and premises firstly described in subparagraph (1), the following provision shall apply:


a) Access to Parking Areas and Spaces:

i) Angle of Parking Minimum Aisle Width


6.0 metres

b) PERMITTED USES

The provisions of Section 14.1 shall continue to apply except that "lodging house" and "residential care unit type II" are not permitted uses.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises firstly described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) The building which actually existed on the 17th day of October, 1994, shall be permitted to remain in its present location and the said building shall be permitted to contain a maximum of four (4) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.

(b) No part of any private parking area, except for a driveway, shall be located closer than 0.6 metres to the front lot line. The area between the front lot line and a private parking area shall be maintained as landscaped open space.

(c) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the northerly and southerly interior side lot lines from the front lot line to the rear lot line and along the rear lot line between the interior side lot lines."




FIRSTLY:

Lots Four Hundred and Seventy-seven (477) to Four Hundred and Ninety-one (491) inclusive, Registered Plan Number 193.

SECONDLY:



are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "GC2-H" - General Commercial Zone 2- Holding.

(2) NOTWITHSTANDING the provisions of Sections 4.124, 5.12.4, 5.13.9b) 25.1, 25.2.5, 25.2.7 and 25.2.10 of this By-law in the case of the lands and premise more particularly described as FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:


a) LOT LINE, FRONT

Means the lot line abutting May Street.

b) NUMBER OF LOADING SPACES REQUIRED:

The provisions of Section 5.12.4 shall continue to apply provided that if the lands described as FIRSTLY in subparagraph (1) of this paragraph are subdivided into more than one lot, as defined in this By-law, no loading space is required for the portion of the building which actually existed on Lots 488 to 491 and a portion of Lot 487, Registered Plan 193 on the 20th day of June, 1994.

c) PARKING SPACES REQUIRED

In addition to the provisions of Section 5.13.9b), the following provisions shall apply.


i) Lawn and Garden Service Centre with a gross floor area of less than 930.0 square metres

five spaces or one space for every 37.0 square metres of gross retail floor area, whichever is the greater

ii) Lawn and Garden Service Centre with a gross floor area of 930.0 square metres or more

one space for every 55.0 square metres of gross retail floor area

iii) Notwithstanding clauses i) and ii) above, Lawn and Garden Service Centre located in the building which actually existed on Lots 488 to 491 and portion of Lot 487, Registered Plan 193 on the 20th day of June, 1994

11 spaces

d) PERMITTED USES

(i) In addition to the uses listed in Section 25.1 of this By-law, Lawn and Garden Service Centre is a permitted use.

For the purpose of this paragraph, Lawn and Garden Service Centre means "a retail store selling lawn and garden supplies, equipment including snowblowers, swimming pools and associated furniture and equipment and may include the servicing and repair of such lawn and garden equipment."

(ii) A dwelling unit is not a permitted use.

e) Minimum Interior Side Yard:

The provisions of Section 25.2.5 of this By-law shall continue to apply provided that if the lands described as FIRSTLY in subparagraph (1) of this paragraph are subdivided into more than one lot, as defined in this By-law, no interior side yard is required along the common lot line for the building which actually existed on the 20th day of June, 1994.

f) Maximum Height

10.0 metres


g) Buffering

A privacy fence having a minimum height of 1.6 metres shall be constructed and maintained along the rear lot line from the interior side lot line to a point 3.0 metres from the exterior side lot line.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described as FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) The building existing on the 20th day of June, 1994 is permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size or volume of the said building.

b) Access to Lane Allowance

No vehicular access to the abutting lane allowance is permitted.

(4) NOTWITHSTANDING any provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in this By-law in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES

(i) Food store in the portion of the existing building situated on Lots 482 to 486 and a portion of Lots 481 and 487, Registered Plan 193 on the 20th day of June, 1994

(ii) Lawn and Garden Service Centre in the portion of the existing building situated on Lots 488 to 491 and a portion of Lot 487, Registered Plan 193 on the 20th day of June, 1994.

(iii) - automotive sales establishment - automotive service station - bank - car rental agency - car wash - drug store - dry cleaning depot - food store - lawn and garden service centre - office - paint glass and wallpaper store - personal service shop

- shopping centre, containing 2 or more uses permitted in this Section

- taxi stand - variety store - veterinary clinic - video rental shop - uses accessory to a permitted use

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size or volume of the said building.


(c) No new buildings or structures are permitted."

*NOTE:

"H" Symbol = site decommissioning and clean-up

BY-LAW 324-1994 Effective Date: December 19, 1994 As amended by OMB ORDER PL 970408

"469 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-Q and 5-P of this By-law, the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 28 and 29, Registered Plan 1277;

Portion of lane lying Easterly of Subdivision of Village 3, North side Victoria Street, Plan 1277;

Part 1 foot reserve, Plan 1277;

Portion of the West Half of West Half Lot 2, North side of Victoria Street, Prince Arthur's Landing, all being Part 2 on Reference Plan 55R-6714;

SECONDLY:

Portion of the abutting street and lane allowances, SAVING AND EXCEPTING the Easterly part of Part 2 and all of Part 1 of Reference Plan 55R-10240,



(2) NOTWITHSTANDING the provisions of Section 28.1 of this By-law, in the case of the lands and prmesises being described as FIRSTLY in subparagraph (1) of this paragraph and the Westerly part of Part 2 of Reference Plan 55R-10240,


PERMITTED USES

Commercial parking lot is the only permitted use.


(a) A privacy fence shall be constructed and maintained along the westerly interior side lot line from the front lot line to the rear lot line and along the easterly interior side lot line from the front lot line to the point where the interior side lot line intersects the East Half of Part 2 of Reference Plan 55R-10240. The said fence shall have a minimum height of 1.6 metres to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre between the said point and front lot line. The portion of the privacy fence along the westerly interior side lot line of Lot 28, Registered Plan 1277, may be located a maximum of 0.6 metres from the said lot line.


(b) A buffer strip having a minimum width of 3.0 metres abutting the westerly side lot line which abuts Lot 27, Registered Plan 1277, shall be provided and maintained."

BY-LAW 12-1995 "470 Repealed by By-law 167-1997

Effective Date: January 23, 1995 Effective Date: July 28, 1997


"471 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-L and 5-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a part of the Southwest Quarter of Section 40, Township of McIntyre now in the City of Thunder Bay, District of Thunder Bay being all that part of Part 1 on Reference Plan 55R-9980, lying West and North of the Northwest limit of Junot Avenue and West and North of the Northwest limit of the proposed re-alignment of Junot Avenue to link up to the Northwest Arterial, and portions of the abutting street allowances,

shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "GC2" - General Commercial Zone 2."


"472 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-P and 5-Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Nine (9), Block One (1), Registered Plan 121, and portions of the abutting street and lane allowances,




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 9, Block 1, Registered Plan 121,

the building which actually existed on the 12th day of December, 1994, is permitted to remain in its present location and the said building is permitted to contain a maximum of ten (10) dwelling units, provided that one (1) loading space and fourteen (14) parking spaces are provided and maintained in accordance with the site plan being EXHIBIT TWO to and forming part of this paragraph. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided such repair or restoration does not increase the height, size, or volume of the said building.

The provisions of the "RM2A" Zone shall apply to any new construction."



"473 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-E and 8-F of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 21, Concession 3, N.K.R., all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "RS-H" - Residential Suburban Zone - Holding.


(a) PERMITTED USES

(i) Buildings, structures or uses legally existing on the 16th day of January, 1995;

(ii) Buildings, structures or uses accessory to a use permitted in this Section, whether legally existing on the 16th day of January, 1995, or hereafter erected, in accordance with the provisions of Section 5.2 of this By-law.


(i) The total gross floor area of a main building shall not be increased by more than 10% of the gross floor area of the said building existing on the 16th day of January, 1995.



10.0 metres


10.0 metres


3.0 metres


10.0 metres

(e) Maximum Height

10.0 metres.

(3) NOTWITHSTANDING the provisions of Sections 4.123 and 4.126 of this By-law, in the case of the lands and premises more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 21, Concession 3, N.K.R., all shown as "PROPERTY LOCATION 2", on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

a) DEFINITIONS


(i) Where the zone boundary is opposite to the side lot line, the zone boundary is deemed to be an exterior side lot line for the purposes of this By-law.

(ii) Where the zone boundary is opposite to the front lot line, the zone boundary is deemed to be the rear lot line for the purposes of this By-law.

(b) Notwithstanding any provision of this By-law to the contrary, only lands which are in the "RS" - Residential Suburban Zone may be used to satisfy the minimum requirements of this By-law for uses in the "RS" Zone."

*NOTE:

"H" Symbol = enter into a Subdivision Agreement


"474 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-N, 3-M, 4-M and 4-N of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Mining Location R-3, being Part 1, Reference Plan 55R-6048, save and except Part 2, Reference Plan 55R-7810, and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1 and the "RF2" - Residential Future Zone 2 and designated as part of the "NIN" - Neighbourhood Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 37.1, 37.2.1, 37.2.2, 37.2.7 and 37.2.9 of this By-law, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Mining Location R-3, being Part 1, Reference Plan 55R-6048, save and except Part 2, Reference Plan 55R-7810,


a) PERMITTED USES

In addition to the uses listed in Section 37.1 of this By-law, "senior citizen dwelling containing a maximum of 40 dwelling units" is a permitted use.


The provisions of Section 37.2.1 of this By-law continue to apply, except in the case of a senior citizen dwelling, in which case the minimum lot area is 650.0 square metres, in total, for the first five dwelling units, plus 90.0 square metres for each additional dwelling unit.



The provisions of Section 37.2.2 of this By-law continue to apply, except in the case of a senior citizen dwelling, in which case the minimum lot frontage is 20.0 metres.

d) Maximum Height:

The provisions of Section 37.2.7 of this By-law continue to apply, except in the case of a religious institution, in which case the maximum height is 14.0 metres.

e) Buffering:

A buffer strip, having a minimum width of 3.0 metres, shall be provided and maintained along each lot line that is not a street line, abutting any Residential Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 8, Registered Plan 371, being Parts 1, 7 and 8, Reference Plan 55R-8515, and a portion of the abutting street allowance, including Part 6 and a part of Part 5, Reference Plan 55R-8515,





ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot Seven (7), Registered Plan 371, designated as part of Part Five (5), Reference Plan 55R-8445; and a portion of the abutting street allowance, including a portion of Part One (1), Reference Plan 55R-8445, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



"477 NOTWITHSTANDING the provisions of Sections 13.2.1(b) and 13.2.2(b) of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 240, Registered Plan M-18,




The provisions of Section 13.2.1(b) of this By-law shall continue to apply except in the case of a single detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot area required is 323.0 square metres.


The provisions of Section 13.2.2(b) of this By-law shall continue to apply except in the case of a single detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot frontage required is 10.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 207, 208 and 209, Registered Plan M-31, and a portion of the abutting street and lane allowances,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 207, 208 and 209, Registered Plan M-31,


a) Minimum Front Yard:

6.0 metres

b) Maximum Height:

10.0 metres



(a) A privacy fence having a minimum height of 1.6 metres shall be constructed and maintained along the interior side lot line between the rear lot line and a point 6.0 metres from the front lot line.

(b) A minimum separation distance of 1.5 metres shall be provided and maintained between a driveway or private parking area and a main building located on the same lot.

(c) No part of any driveway or private parking area shall be located in the front yard of a main building.


(d) No balconies shall be located on the rear wall of the main building.

(e) A parking barrier shall be constructed and maintained along the rear lot line between the interior side lot line and the exterior side lot line and along any portion of a parking space which is located within 0.6 metres of a street line. For the purpose of this paragraph, a parking barrier means a barrier having a minimum height of 0.6 metres and a maximum height of 0.75 metres, which prevents any portion of a vehicle from projecting beyond the limits of a parking space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 10, Registered Plan 428, being more particularly described as Parts 3 and 4, Reference Plan 55R-6699 and portions of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF2" Residential Future Zone 2 and designated as part of the "R1" - Residential One Unit Zone.


"480 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-N and 5-0 of this By-law, the lands and premises being more particularly described as follows, namely:


FIRSTLY:

A portion of Lot 5, Block 10, Registered Plan 171, more particularly described as follows:

COMMENCING at a point in the Northerly limit of Lot 5, which is also the Southerly limit of Dawson Road, distant 2 Feet Easterly from the Northwesterly angle of the said Lot 5;

THENCE Easterly and along the Northerly limit of the said Lot 5 a distance of 58 Feet more or less to the Northeasterly angle of the said Lot;

THENCE Southerly and along the Easterly limit of the said Lot, which is also the Westerly limit of Windemere Avenue, a distance of 101 Feet more or less to the Southeasterly angle of the said Lot 5;

THENCE Westerly and along the Southerly limit of the said Lot 5 a distance of 46 Feet more or less to a point in the Southerly limit of Lot 5 distance 2 Feet Easterly from the Southwesterly angle of the said Lot 5;

THENCE Northerly in a straight line a distance of 100 Feet more or less to the point of commencement.

SECONDLY:





(2) NOTWITHSTANDING the provisions of Section 23.1 of this By-law, in the case of the lands and premises FIRSTLY described in subparagraph (1) of this paragraph, the following provisions shall apply;

PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, office, restaurant and retail store are permitted.

(3) Section 4.151 of this By-law does not apply to Lot 5, Block 10, Registered Plan 171."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot Sixty-five (65), Registered Plan W-716,


PERMITTED USES

In addition to the uses listed in Section 12.1 of this By-law, use of the existing building for office and storage purposes by a sports hall of fame or sports museum is permitted as a temporary use until the 8th day of November, 1996, whereafter these provisions shall be deemed repealed. No outdoor storage is permitted as part of the temporary use."


"482 NOTWITHSTANDING the provisions of Sections 10.2.2(b)(ii) and 10.2.3 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and Province of Ontario, and being composed of a part of Lot 22, Concession 4, S.K.R., Township of Neebing, now in the City of Thunder Bay, in the District of Thunder Bay, more particularly described as follows:

COMMENCING at the north east corner of Part 2 according to a Plan of Survey deposited in the Land Registry Office in Thunder Bay, Ontario as 55R-7451;

THENCE westerly along the north limit of said Part 2, 20.29 metres more or less to a point distant 30 metres east of the north west corner of said Part 2;

THENCE southerly and parallel to the westerly limit of said Part 2, 65.00 metres to a point;

THENCE westerly and parallel to the north limit of said Part 2, 30 metres more or less to a point on the west limit of said Part 2;

THENCE southerly along the westerly limit of said Part 2, 266 metres more or less to the southwest corner of said Part 2;

THENCE easterly along the south limit of said Part 2, 50.39 metres more or less to the south east corner of said Part 2;

THENCE northerly along the east limit of said Part 2, 330.84 metres more or less to the north east corner of said Part 2, being the POINT OF COMMENCEMENT,




20.0 metres


75.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 25, Registered Plan 526,



The provisions of Section 5.13.9a) of this By-law shall continue to apply except in the case of the building existing on the 15th day of May, 1995, in which case a minimum of one (1) parking space shall be required for each dwelling unit.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the building municipally known as 284 Rupert Street, existing on the 15th day of May, 1995, shall be permitted to remain in its present location and the said building shall be permitted to contain a maximum of three (3) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."

BY-LAW 145-1995 "484 Repealed by By-law 109-1999

Effective Date: June 26, 1995 Effective Date: June 28, 1999


"485 (1) NOTWITHSTANDING the provisions of Sections 4.23, 5.2.2b)(iii) and 10.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the following lands:

FIRSTLY:

Remainder of Parcel 1963, Port Arthur Freehold, being Lot 558, Plan M-39, City of Thunder Bay, District of Thunder Bay, SAVE AND EXCEPT Part 2 on Reference Plan 55R-6971.

SECONDLY:

Parcel 1964, Port Arthur Freehold, being Lots 559 to 564 both inclusive, Registered Plan M-39,



a) DEFINITIONS

(i) BUILDING SUPPLY OUTLET

Means a building, or part thereof, which is used for the storage, repair and wholesale or retail sale of doors and door frames, and windows and window frames. An accessory office is permitted. An accessory retail store not exceeding 10 percent of the gross floor area of the building supply outlet is also permitted.

(ii) SIGN

Means an advertising device or notice and means any visual medium, including its structure and other component parts, which is used or capable of being used to attract attention to a specific subject matter, other than itself, for identification, information or advertising purposes.

(iii) SIGN FACE

Means that portion of the sign, excluding the sign structure, upon which, as part of, against or through which the message of the sign is displayed.

(iv) SIGN, GROUND

Means a sign directly supported by the ground without the aid of any other building or structure, other than the sign structure.

(v) SIGN HEIGHT

Means the vertical distance from the ground to the top of the sign, including the border or frame where applicable.

(vi) SIGN, ROOF

Means a sign which is located entirely on or above the main roof of a building or located entirely above a parapet of a building.

(vii) SIGN, WALL

Means a sign entirely supported by or through the face of a building or structure, or by component members comprising all or part of said face.

(b) Section 5.2.2b)(iii) of this By-law shall continue to apply except in the case of the building supply outlet, in which case the total gross floor area shall not exceed the gross floor area of the said accessory building which existed on the lands described herein on the 20th day of June, 1994.

c) PERMITTED USES

In addition to the uses listed in Section 10.1 of this By-law, "building supply outlet and a single detached dwelling for an essential workman or caretaker" is permitted.

(d) For the purpose of this paragraph, the single detached dwelling is deemed to be the main building and the building supply outlet is deemed to be the accessory building.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,



(a) The single detached dwelling existing on the 20th day of June, 1994, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening, restoration or extension of the said building, provided that such repair, restoration or extension does not further contravene any of the regulations of this By-law.

(b) The accessory building existing on the 20th day of June, 1994, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening, or restoration of the said building, provided that such repair, or restoration does not increase the height, size or volume of the said building,

(c) In the case of a building supply outlet and single detached dwelling for an essential workman or caretaker, the following shall apply:

(i) no outside storage of equipment, goods or material is permitted;

(ii) no part of any private parking area, except for a driveway, shall be permitted in the front yard;

(iii) that portion of the said lands located within six (6.0) metres of the westerly lot line shall be maintained as "LANDSCAPED OPEN SPACE";

(iv) only one accessory building is permitted;

(v) only one (1) ground sign is permitted and it shall be located within the area having a radius of six (6.0) metres from the northeast corner of the property. This ground sign is permitted to have a maximum height of 2 metres above the centre line of Central Avenue; a maximum width of 3 metres; a maximum sign height of 3 metres; and shall have internal illumination only."


"486 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-L of this By-law, the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 32 to 36, Registered Plan 55M-567 and a portion of the abutting street allowance,


are hereby removed from the "R2A" - Residential Two Unit Zone and designated as part of the "R1" - Residential One Unit Zone."



All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 290 and all of Lots 291 and 301 inclusive according to a Plan registered at the Land Registry Office in Thunder Bay as WM-31, more particularly described as follows:

COMMENCING at the Northeasterly angle of Lot 287, Registered Plan WM-31;

THENCE Westerly down the Northerly limit of Lot 287, 4.38 metres, more or less, to the Northwesterly angle of the lands described in Parcel 2460 CFWF;


THENCE continuing Westerly along the North limit of Lots 287, 288, 289 and 290, 23.750 metres to the point of commencement;

THENCE Southerly and parallel to the Westerly limit of lands described in said Parcel 35.052 metres more or less to the Southerly limit of Lot 290;

THENCE Westerly along the Southerly limit of Lots 290 to 301 inclusive to the Southwesterly angle of Lot 301;

THENCE Northerly along the Westerly limit of Lot 301 to the Northwesterly angle of said lot;

THENCE Easterly along the Northerly limit of Lots 301 to 290 inclusive, to the POINT OF COMMENCEMENT;

and a portion of the abutting street and lane allowances,


are hereby removed from the "NIN" -Neighbourhood Institutional Zone and designated as part of the "NC2" -Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Section 23.1, 23.2.11 and 23.2.12 of this By-law, in the case of the lands and premises described as follows, namely:

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 291 to 301 inclusive, and a portion of Lot 290, Registered Plan M-31, more particularly described as follows:


THENCE Westerly down the Northerly limit of Lot 287, 4.38 metres, more or less, to the Northwesterly angle of the lands described in Parcel 2460 CFWF;

THENCE continuing Westerly along the North limit of Lots 287, 288, 289 and 290, 23.750 metres to the point of commencement;

THENCE Southerly and parallel to the Westerly limit of lands described in said Parcel 35.052 metres more or less to the Southerly limit of Lot 290;

THENCE Westerly along the Southerly limit of Lots 290 to 301 inclusive to the Southwesterly angle of Lot 301;

THENCE Northerly along the Westerly limit of Lot 301 to the Northwesterly angle of said lot;

THENCE Easterly along the Northerly limit of Lots 301 to 290 inclusive, to the POINT OF COMMENCEMENT,


a) PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, commercial school, community clinic and office are permitted.

b) Maximum Gross Leasable Floor Area:

The provisions of Section 23.2.11 shall continue to apply, except in the case of the building existing on the 18th day of April, 1995, in which case the maximum gross leasable floor area shall be 1500 square metres.


c) Buffering:

i) A privacy fence shall be constructed and maintained along the interior side lot line. This privacy fence shall have a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and maximum height of 1.0 metre between the said point and the front lot line.

ii) A privacy fence shall be constructed and maintained along the rear lot line. This privacy fence shall have a minimum height of 1.6 metres between the interior side lot line and a point 6.0 metres from the exterior side lot line; and a minimum height of 0.75 metres and maximum height of 1.0 metre between the said point and the exterior side lot line.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of the By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph,


(a) In the case of the building existing on the 18th day of April, 1995, the basement is deemed to be a storey and shall form part of the gross floor area.

(b) Where any portion of a parking space is located within 0.6 metres of a street line, curbing, being precast concrete curb stops, or poured concrete curbs, or treated timbers, shall be provided and maintained along that portion of the parking space.


All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lots 287 and 290 and all of Lots 288 and 289 according to a Plan registered at the Land Registry Office in Thunder Bay as WM-31, more particularly described as follows:


THENCE Westerly along the North limit of said lot 4.38 metres, more or less, to the Northwesterly angle of the lands described in Parcel 2460 CFWF, being the point of commencement;

THENCE Southerly along the Westerly limit of the lands described in the said Parcel, 35.052 metres, more or less, to the Southerly limit of said lot;

THENCE Westerly along the South limit of Lots 287, 288, 289 and 290, 23.750 metres;

THENCE Northerly 35.052 metres, more or less to a point on the North limit of Lot 290, the said point being 23.750 metres West of the point of commencement measured along the North limit of Lots 287, 288, 289 and 290;

THENCE Easterly along the North limit of Lots 290, 289, 288 and 287, 23.750 metres to the POINT OF COMMENCEMENT;

and a portion of the abutting street and lane allowances,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone."



All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lots 287 and 290 and all of Lots 288 and 289 according to a Plan registered at the Land Registry Office in Thunder Bay as WM-31, more particularly described as follows:


THENCE Westerly along the North limit of said lot 4.38 metres, more or less, to the Northwesterly angle of the lands described in Parcel 2460 CFWF, being the point of commencement;

THENCE Southerly along the Westerly limit of the lands described in the said Parcel, 35.052 metres, more or less, to the Southerly limit of said lot;

THENCE Westerly along the South limit of Lots 287, 288, 289 and 290, 23.750 metres;

THENCE Northerly 35.052 metres, more or less to a point on the North limit of Lot 290, the said point being 23.750 metres West of the point of commencement measured along the North limit of Lots 287, 288, 289 and 290;

THENCE Easterly along the North limit of Lots 290, 289, 288 and 287, 23.750 metres to the POINT OF COMMENCEMENT;


(a) i) A privacy fence shall be constructed and maintained along the easterly interior side lot line. This privacy fence shall have a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and maximum height of 1.0 metres between the said point and the front lot line.

ii) A privacy fence shall be constructed and maintained along the rear lot line. This privacy fence shall have a minimum height of 1.6 metres.

(b) Where any portion of a parking space is located within 0.6 metres of a street line, curbing being precast concrete curb stops, or poured concrete curbs, or treated timbers shall be provided and maintained along that portion of the parking space."


"488 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-N and 7-O of this By-law, the lands and premises being more particularly described as follows,


ALL AND SINGULAR that certain parcel or tract of land in the City of Thunder Bay in the District of Thunder Bay, and Province of Ontario, and being composed of:


FIRSTLY:

Lots 2682, 2683, 2684, 2685, 2686, 2703, 2704, 2705, 2706, 2707, portion of lane stopped up and closed by By-law Number 4719, portion of Fifteenth Avenue, stopped up and closed by By-law Number 3879 and portion of Eira Street stopped up and closed by By-law Number 5296 in the said City of Thunder Bay, as shown on a Plan filed in the Office of Land Titles at Thunder Bay as Plan M-57, and designated as Parts 3, 3 and 4 on Reference Plan 55R-765.

SECONDLY:

Lots Numbered 3071, 3072, 3073, and 3074, in the said City of Thunder Bay, as shown on a Plan filed in the Office of Land Titles at Thunder Bay a Plan M-57,


are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2-H" - General Commercial Zone 2 - Holding.


All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and Province of Ontario, and being composed of:

Portions of the abutting City-owned lands and street and lane allowances, more particularly described as Lots 2677 to 2681 and Lots 3075 to 3076, Registered Plan M-57, including a portion of Eira Street and a portion of 16th Avenue, and a portion of Main Street,


are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2-H" - General Commercial Zone 2 - Holding

(3) NOTWITHSTANDING the provisions of Sections 4.124, 5.13.3b), 5.13.9b), 25.1, 25.2.4 and 25.2.9 of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) and (2) of this paragraph,


a) DEFINITIONS

LOT LINE, FRONT

Means the lot line abutting 16th Avenue.


Calculation of Spaces and Parking Spaces Required:

The provisions of Sections 5.13.3b) and 5.13.9b) of this By-law shall continue to apply except in the case of a shopping centre, in which case the total parking space requirement shall be the sum of the requirements for each separate use in the centre.

c) Access to Parking Areas and Spaces:

The provisions of Section 5.13.1a) shall continue to apply except the maximum width of a driveway shall be 20.0 metres.


d) PERMITTED USES

The provisions of Section 25.1 of this By-law shall continue to apply except that a food store or a dwelling unit are not permitted uses.

e) Minimum Exterior Side Yard:

7.5 metres

f) Maximum Gross Leasable Area of a Shopping Centre:

The provisions of Section 25.2.9 of this By-law shall not apply.

g) Maximum Gross Floor Area:

The maximum gross floor area of all buildings located on the lands described in this paragraph is 4,185 square metres, in total."

*NOTE:

"H" Symbol = site decommissioning and clean-up



"489 NOTWITHSTANDING the provisions of Sections 5.2.2b)(ii) and 5.2.3a)(iii) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location "O", Scott's Survey, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

a) ACCESSORY USES

i) Lot Coverage:

The total gross floor area shall not exceed 400.0 square metres.

ii) Height:

Subject to Section 5.6 of this By-law, no building or structure accessory to a dwelling shall exceed a height of either one storey or 5.8 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed on that part of the North West Quarter and South West Quarter of Section 49, Township of McIntyre, now in the City of Thunder Bay, designated as Part 1 on Reference Plan 55R-3965, Save and Excepting that part of the said Part 1, as follows:

PREMISING that the North Limit of Highway No. 130 (Oliver Road) between E.C. 57 + 64.62 and B.C. 61 + 37.11, has a bearing of North 87 degrees, 49 minutes, 30 seconds East, derived from M.T.C. plan P-2890-9, Registered No. 10430 and relating all bearings herein thereto:

COMMENCING at the point on the North limit of Oliver Road which is the South East angle of said Part 1;


THENCE North Zero degrees 14 minutes 30 seconds East, along the East limit of said Part 1, 61.229 metres to an angle in said Part 1;

THENCE North 89 degrees, 45 minutes, 30 seconds West, 60.96 metres to a point;

THENCE South Zero degrees, 14 minutes, 30 seconds West, 62 metres, more or less, to the North limit of Oliver Road;

THENCE Easterly along the North limit of Oliver Road to the point of commencement;



are hereby removed from the "RS" - Residential Suburban Zone and "RE" - Residential Estate Zone and designated as Part of the "NIN" - Neighbourhood Institutional Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed on that part of the North West Quarter and South West Quarter of Section 49, Township of McIntyre, now in the City of Thunder Bay, designated as Part 1 on Reference Plan 55R-3965, Save and Excepting that part of the said Part 1, as follows:

PREMISING that the North Limit of Highway No. 130 (Oliver Road) between E.C. 57 + 64.62 and B.C. 61 + 37.11, has a bearing of North 87 degrees, 49 minutes, 30 seconds East, derived from M.T.C. plan P-2890-9, Registered No. 10430 and relating all bearings herein thereto:

COMMENCING at the point on the North limit of Oliver Road which is the South East angle of said Part 1;

THENCE North Zero degrees 14 minutes 30 seconds East, along the East limit of said Part 1, 61.229 metres to an angle in said Part 1;

THENCE North 89 degrees, 45 minutes, 30 seconds West, 60.96 metres to a point;

THENCE South Zero degrees, 14 minutes, 30 seconds West, 62 metres, more or less, to the North limit of Oliver Road;

THENCE Easterly along the North limit of Oliver Road to the point of commencement,



72 metres

(b) Buffering:

A buffer strip having a minimum width of 10.0 metres shall be provided and maintained along each lot line that is not a street line."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Fifteen (15) and Sixteen (16), Block 6, Registered Plan Number 8, and portions of the abutting streets and lane allowances,


are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and "R2" - Residential One and Two Unit Zone, and designated as part of the "LI" - Light Industrial Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.9b), 32.1 and 32.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16), Block 6, Registered Plan Number 8,


(a) In addition to the provisions of Section 5.13.9b) of this By-law, the following off-street parking provisions shall apply:


i) Light Industrial Use


ii) Wholesale Store one space for every 37.0 square metres of gross floor area

(b) PERMITTED USES

- building supply outlet - car rental agency

- light industrial use including an accessory retail use provided such retail use is located in the same building as the main use and provided that the gross floor area of the retail use does not exceed 10% of the gross floor area of the industrial use or 185.0 square metres, whichever is the lesser

- retail warehouse - service shop - veterinary clinic - warehouse - wholesale store


(c) Buffering

A privacy fence having a minimum height of 1.8 metres shall be provided and maintained along the interior side lot line, between the rear lot line and the front lot line, and along the rear lot line, between the interior side lot line and the exterior side lot line. The privacy fence along the rear lot line may include a gate, having a maximum width of 6.0 metres, to permit access to and from the adjacent lane.




(a) No outside storage of equipment, goods or materials is permitted;

(b) Maximum Gross Floor Area:

375.0 square metres;

(c) (i) The building which actually existed on Lots 15 and 16, Block 6, Registered Plan Number 8, on the 12th day of December, 1994, is permitted to remain in its present position and be used as a single detached dwelling.

ii) So long as the said building remains on Lots 15 and 16, Block 6, Registered Plan Number 8, and continues to be used as a single detached dwelling, no portion of the said Lots 15 and 16 shall be used for or in conjunction with any other use.

iii) Nothing in this By-law shall prevent the said building from being used for any of the additional uses permitted on the lands described in this subparagraph, provided however, that there shall be only one main use on the said lands.

iv) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."


Effective Date: October 23, 1995 Effective Date: July 22, 2002


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of Lots 399 to 402, Registered Plan M-89, part of lane designated as Parts 2 and 4, Reference Plan 55R-3008, and part of lane being Part 2 on Reference Plan 55R-3952, and a portion of the abutting street allowance,

all as shown as "AREA TO BE REZONED" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 4.124, 4.75, 27.1(a), 27.1(b), 27.2.4 and 27.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of Blocks A, B, C and D, Registered Plan M-253, Lots 399 to 402, Registered Plan M-89 and parts of lane, designated as Parts 2, 3 and 4 on Reference Plan 55R-3008 and Parts 1 and 2 on Reference Plan 55R-3952,


B - 345 August 2002

(a) DEFINITIONS

(i) Lot Line, Front

Means the lot line abutting Memorial Avenue;

(ii) Food Store

Means a retail business with a maximum gross retail floor area of 300.0 square metres, selling food and associated small household items.

(b) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, the following uses are permitted:

(i) Repealed by by-law 171-2002

(ii) food store


5.0 metres for the existing building only


1.4 metres for the existing building only."


"493 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-M and 7-M of this By-law, the lands and premises being more particularly described as follows, namely:

FIRSTLY:

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1259 to 1262, Lots 1264 to 1266, part of Lots 1253, 1254, 1255, 1258 and 1263, parts of 15th and 16th Avenues, closed, and part of unnamed street and lane, closed, Registered Plan M-40, more particularly described as Parts 1 to 11, Reference Plan 55R-10175.

SECONDLY:

A portion of the abutting street allowances,


are hereby removed from the "OS" - Open Space Zone and designated as part of the "LIP" - Light Industrial Park Zone.

(2) The provisions of paragraphs 303 and 427 of Schedule "B" to this By-law, as added by

By-law 232-1990 and By-law 383-1993 respectively, shall not apply, in the case of the lands and premises being more particularly described as follows, namely:

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 24, Registered Plan 55M-534.

B - 346 August 2002

(3) NOTWITHSTANDING the provisions of Section 33.1 of this By-law and any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1259 to 1262, Lots 1264 to 1266, part of Lots 1253, 1254, 1255, 1258 and 1263, parts of 15th and 16th Avenues, closed, and part of unnamed street and lane, closed, Registered Plan M-40, more particularly described as Parts 1 to 4 and Parts 7 to 10, Reference Plan 55R-10175.

SECONDLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 24, 25 and 26, Registered Plan 55M-534 and Block 37, Registered Plan 55M-534,


(a) PERMITTED USES

With the exception of automotive sales establishment (which shall not be a permitted use), the uses listed in Section 33.1 of this By-law, shall be permitted, and in addition community clinic, neighbourhood clinic and office are permitted uses.

(b) Minimum Ground Floor Area:

600 square metres for any main building.

(c) Minimum Height:

2 storeys or 8.0 metres for a minimum of 50% of any main building.

(d) That portion of the lands described in this subparagraph (3) which is shaded and shown as "6m Landscaped Open Space" on EXHIBIT ONE to and forming part of this paragraph shall be maintained as landscaped open space.

(e) A sign in accordance with the City of Thunder Bay Sign By-law is permitted within the landscaped open space required by clause d) of this subparagraph (3).

(f) The landscaped open space required by clause d) of this subparagraph (3) may be included as part of the landscaped open space required by Section 33.2.9 of this By-law."


"494 NOTWITHSTANDING the provisions of Section 5.13.9, as they apply to parking spaces required for a shopping centre, and Section 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 10 and part of Lot 11, Registered Plan No. 770,




(a) The provisions of Section 5.13.9 of this By-law, as they apply to parking spaces required for a shopping centre, shall continue to apply, except in the case of the building existing on the 20th day of November 1995, in which case a minimum of forty-five (45) parking spaces shall be required.

(b) PERMITTED USES

The provisions of Section 27.1 of this By-law shall continue to apply, provided however that, in the case of the building existing on the 20th day of November 1995, secondhand shop having a maximum gross floor area of 1400 square metres is also a permitted use and restaurant is not a permitted use."

BY-LAW 270-1995 Effective Date: December 18, 1995 OMB ORDER PL 967986


ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 72, Registered Plan 55M-567, and portions of the abutting street allowances,


are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "R1" - Residential One Unit Zone."


"496 (1) NOTWITHSTANDING the provisions of Section 4 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 59, Registered Plan 547, being more particularly described as follows:

COMMENCING at a point in the South limit of the said Lot distant 70 feet measured Easterly thereon from the South West angle of the said lot;

THENCE Northerly parallel to the West limit of the said Lot 152 feet;

THENCE Easterly parallel to the South limit of the said Lot, 117.65 feet, more or less, to the Easterly limit of the said Lot;

THENCE South Easterly along the said limit of the said Lot, 182.25 feet, more or less, to the south East angle of the said Lot;

THENCE Westerly along the South limit of the said Lot, 223.5 feet, more or less, to the point of commencement,



(a) DEFINITIONS:

(i) AUTOMOTIVE GAS BAR

Means the use of land, or building, or structure where vehicle fuel (not including propane), or lubricants, are offered for sale but where no provision is made for the repair or maintenance of vehicles and shall not include any other automotive use specifically defined in this By-law, except that a car wash containing a maximum of one (1) washing bay is permitted as part of an automotive gas bar. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises may be allowed in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 10.0 square metres.

(ii) VARIETY STORE

Means a retail business with a maximum gross floor area of 275.0 square metres selling food and associated small household items and which may include the preparation and retail sale of foods for immediate consumption either on or off the premises, provided the gross floor area devoted to the preparation and consumption of such foods does not exceed 80.0 square metres.



(a) BUFFERING

A privacy fence, existing on the 21st day of August, 1995, having minimum height of 1.5 metres, shall be permitted. The existing fence shall be maintained along the entire rear lot line and along the entire interior side lot line."


"497 (1) NOTWITHSTANDING the provisions of Section 5.13.1 d)iv) of this By-law, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 171, Registered 643, the following provisions shall apply:

(a) Access to Parking Areas and Spaces:

The provisions of Section 5.13.1 d)iv) shall continue to apply, except in the case of the building existing on the 19th day of June, 1995, in which case the following provisions shall apply:

i) Angle of Parking Minimum Aisle Width


6.0 metres



(a) The building existing on the 19th day of June, 1995, shall be permitted to remain in its present location and the said building shall be permitted to contain a maximum of six (6) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.

(b) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the rear lot line between the interior side lot lines, and along the northeasterly interior side lot line from the rear lot line to a point 12.0 metres from the rear lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 19, Concession IV, S.K.R., Geographic Township of Neebing, now in the City of Thunder Bay, SAVE AND EXCEPTING Parts 1, 2, 3, 4 and 5, Reference Plan 55R-6075; Part 1, Reference Plan 55R-9700; and Part 1, Reference Plan 55R-9688,


are hereby removed from the "RS" - Residential Suburban Zone and "HL" - Hazard Land Zone and Designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 12-F of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


are hereby removed from the "RS" - Residential Suburban Zone and "HL" - Hazard Land Zone and designated as part of the "RS-F" - Residential Suburban Zone - Lands Susceptible to Flooding.

(3) NOTWITHSTANDING the Zone designation thereof as shown on Zoning Map 12-F of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


are hereby removed from the "RS" - Residential Suburban Zone and designated as Part of the "CIN" - Community Institutional Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 29, Registered Plan 55M-561, and a portion of the abutting street allowance,



are hereby removed from the "RE" - Residential Estate Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING any provisions of this By-law to the contrary and in addition to all the other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 29, Registered Plan 55M-561,


a) A maximum of 64 dwelling units is permitted."


"500 (1) NOTWITHSTANDING the provisions of Sections 4 and 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 27 to 39 inclusive, Registered Plan W-167,


a) DEFINITIONS

In addition to the definitions contained in Section 4 of this By-law, the following shall apply:

i) FLOORING SALES AND INSTALLATION

Means a building or portion thereof where carpets and/or floor coverings are displayed, stored and offered for sale.

ii) OUTDOOR FURNITURE SHOWROOM

Means a retail store, having a minimum gross floor area of 180.0 square metres, where outdoor furniture is displayed, stored and offered for sale.

b) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, flooring sales and installation and outdoor furniture showroom are permitted uses.

(2) NOTWITHSTANDING the provisions of Section 5.13.9b) of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provisions shall apply:

a) OFF-STREET PARKING REQUIREMENTS:


The provisions of Section 5.13.9b) of this By-law shall continue to apply except in the case of the shopping centre existing on the 21st day of August, 1995, in which case a minimum of 24 parking spaces are required.


(3) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the 20.0 square metre display area, existing on the 21st day of August, 1995, shall be permitted to remain in its present location."



ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Block 53, Registered Plan W-54,


a) PARKING SPACES REQUIRED:

The provisions of Section 5.13.9a) shall continue to apply, except in the case of the buildings existing on the 16th day of October, 1995, in which case a minimum of three (3) parking spaces shall be provided and maintained.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the building municipally known as 606 Christie Street, existing on the 16th day of October, 1995, shall be permitted to remain in its present location and shall be permitted to contain a maximum of two (2) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the building municipally known as 536-538 McIntosh Street, existing on the 16th day of October, 1995, shall be permitted to remain in its present location and shall be permitted to contain a maximum of three (3) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 8, Registered Plan 371, being Parts 1, 7 and 8, Reference Plan 55R-8515, and a portion of the abutting street allowance, including Part 6 and a portion of Part 5, Reference Plan 55R-8515,


are hereby removed from the "R2"- Residential One and Two Unit Zone and designated as part of the "R1" - Residential One Unit Zone."





FIRSTLY:

Portions of Sections 36 and 39, and

SECONDLY:



are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2B-H" - Residential Multiple Medium Density Zone B - Holding.

(2) NOTWITHSTANDING the provisions of Sections 5.5 and 16.2.10 of this By-law, and notwithstanding any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) The provisions of Section 5.5 shall continue to apply only as indicated on "EXHIBIT ONE" to and forming part of this paragraph.

(b) Maximum Height:

16.0 metres

(c) Maximum Number Of Dwelling Units:

59 dwelling units.

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described FIRSTLY in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) PERMITTED USES

i) Buildings, structures and uses legally existing on the 15th day of January, 1996."

*NOTE:

- "H - Symbol - servicing concept plan, lot grading and drainage plan, storm water management plan, sediment control plan, off-site services

- By-law 234-1996 - Removes "H" Symbol




FIRSTLY:

Portions of Section 39, including a portion of Algoma Street (closed) and


SECONDLY:



are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM2B-H" - Residential Multiple Medium Density Zone B - Holding.

(2) NOTWITHSTANDING the provisions of Sections 5.5 and 16.2.10 of this By-law, and notwithstanding any other provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises described FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) The provisions of Section 5.5 shall continue to apply, except in the case of an apartment dwelling which shall be permitted to project a maximum of 5.0 metres into the 10.0 metre setback and the projection shall be limited to a maximum lot coverage of 25.0 square metres.

(b) Maximum Height:

16.0 metres

(c) Maximum Number of Dwelling Units:

24 dwelling units

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described FIRSTLY in subparagraph (2) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) The building existing on the 15th day of January, 1996 shall be permitted to be used as a warehouse.

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size of volume of the said building.


*NOTE:

- "H" - Symbol = Servicing concept plan, lot grading and drainage plan, storm water management plan, sediment control plan, off-site services.




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Sections 36 and 39, and a portion of the abutting street allowance,






ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 5, 8 and 11, Registered Plan Number 516, and a portion of the abutting street allowance,


are hereby removed from the "NIN" -Neighbourhood Institutional Zone and designated as part of the "R1A-H" - Residential One Unit Zone A - Holding.

(2) NOTWITHSTANDING the provisions of Section 12A.2.2 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 8, Registered Plan Number 516,


a) Lot Frontage:

Minimum 9.5 metres

Maximum 15.0 metres

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-O and 6-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 6, 7, 9, 10, 12 and 13, Registered Plan Number 516, and portions of the abutting street allowance,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and des-ignated as part of the "R2-H" - Residential One and Two Unit Zone - Holding."

*NOTE:

- "H" - Symbol = installation of services, lot grading and drainage plan, easements



"507 (1) NOTWITHSTANDING the provisions of Section 4 and 23.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 25 and 26, Registered Plan W-167,



a) DEFINITIONS


i) DIVE SHOP

Means a retail store where scuba-diving equipment and accessories are displayed, stored and offered for sale, and which may include the rental, service and repair of such equipment, and which may also include other associated facilities including, but not limited to, instructional pools, classrooms and meeting rooms.

ii) BRIDAL BOUTIQUE

Means a retail store where bridal wardrobe articles and accessories are displayed, stored and offered for sale.

iii) PET SHOP

Means a retail store where animals and/or fish and/or birds for use as pets are displayed, stored and offered for sale, but shall not include the breeding or overnight boarding of pets.

iv) TOBACCO SHOP

Means a retail store where tobacco and tobacco related products are displayed, stored and offered for sale.

b) PERMITTED USES

The provisions of Section 23.1 of this By-law shall continue to apply provided however that, in the case of the building existing on the 11th day of December 1995, dive shop, bridal boutique, pet shop and tobacco shop are also permitted uses and bank, drugstore, laundromat, and neighbourhood clinic are not permitted uses.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the building described in subparagraph (1)(b) of this paragraph, a maximum of four (4) commercial establishments shall be permitted in a shopping centre."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 8, Concession 3, N.K.R., being Part 1 on Reference Plan RR-58 and Parts 2, 3 and 4 on Reference Plan 55R-1753; and Part of Lot 22, Registered Plan W-790, being Part 1 on Reference Plan 55R-1753 and Part 4 on Reference Plan 55R-841,


PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, retail store and office are permitted uses.

(2) NOTWITHSTANDING any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provision shall apply:


Windows shall be prohibited on the second storey of the building existing on the 26th day of February, 1996."


"509 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-B, 5-C, 6-B, and 6-C of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of East One-Half of the East One-Half of Section 46, presently zoned "RU" - Rural Area Zone, and a portion of the abutting street allowance,


are hereby removed from the "RU" - Rural Area Zone and designated as part of the "MIN" - Major Institutional Zone.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding the abutting street allowance, the following provisions shall apply:

(a) The buildings and structures existing on the 15th day of January, 1996, shall be permitted to remain in their present location.

(b) In the case of a cemetery, no land shall be used for a burial site that is within 45.0 metres of a lot used or permitted to be used for a dwelling."


"510 (1) NOTWITHSTANDING the provisions of Sections 4.124 and 32.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 283, 284 and 285, Registered Plan W-42, and

SECONDLY:

That portion of Brent Street (now Burr Street) lying immediately adjacent to and South of Lots 283 and 286 inclusive, Registered Plan W-42, and being bounded on the West by straight line joining the Southwest angle of Lot 283, with the Northwest angle of Lot 318, and being bounded on the East by the production of the Westerly Limit of Yonge Street,


(i) PERMITTED USES:

In addition to the uses listed in Section 32.1, funeral home is a permitted use.

(ii) LOT LINE, FRONT:

Means the lot line abutting the Gore Street street allowance.



(i) A minimum of 10% landscaped open space shall be provided."



All AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of:

FIRSTLY:

Lot 31, Registered Plan 816;

SECONDLY:

Lot 30, Registered Plan 816, designated as Parts 1 and 2 on Reference Plan 55R-6474; and

THIRDLY:

a portion of the abutting street allowances;


are hereby removed the "HI" - Heavy Industrial Zone and designated as part of the "GC2-H" - General Commercial Zone 2 - Holding.

(2) NOTWITHSTANDING the provisions of Sections 25.1, 25.2.4 and 25.2.7 of this By-law, in the case of the lands and premises described FIRSTLY save and except Part 3 on Reference Plan 55R-5352 and SECONDLY in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) PERMITTED USES

The provisions of Section 25.1 shall continue to apply, except that dwelling units combined with a non-residential use shall not be permitted, and food store shall not be permitted.

(b) Maximum Height:

15.0 metres


The provisions of Section 25.2.4 shall continue to apply, except that a canopy may project a maximum of 7.0 metres into the minimum exterior side yard of 10.0 metres.


(a) A minimum of 10 percent of the lot area shall be maintained as landscaped open space.


(b) The maximum gross leasable area for all uses combined, except motel, hotel, and office, shall be 2787.0 square metres.

(4) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (2) of this paragraph in accordance with Section 36 of the Planning Act, the following provision shall apply:

a) PERMITTED USES

Buildings, structures and uses legally existing on the 18th day of March, 1996."

*NOTE:

"H" - Symbol = site decommissioning - By-law 211-2004 amends By-law 126-1996, Paragraph "511", removes H-symbol


"512 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3-R and 3-S of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 37, Registered Plan 58, being Parts 3, 4 and 5, Reference Plan 55R-10140 and a portion of the abutting street allowance,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R2" - Residential One and Two Unit Zone.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 37, Registered Plan 58, more particularly described as follows:

FIRSTLY:

COMMENCING at a point in the Westerly limit of the said Lot which is distant 165 feet measured southerly thereon from the North Westerly angle of the said Lot;

THENCE Easterly parallel to the Northerly limit of the said Lot, 264 feet;

THENCE Southerly parallel to the Westerly limit of the said Lot 165 feet more or less, to a point in the Southerly limit of the said Lot;

THENCE Westerly, along the said Southerly limit, 264 feet more or less to the South Westerly angle of the said Lot;

THENCE Northerly, along the Westerly limit of the said Lot 165 feet, more or less to the point of commencement;

SAVING AND EXCEPTING Parts 3, 4 and 5 on Reference Plan 55R-10140.

SECONDLY:

The Easterly 376 feet of Lot 37, Registered Plan 58, being the remainder of Lot 37, Registered Plan 58, described as Part 1 on Reference Plan 55R-9945.


THIRDLY:

Part of Lot 37, Registered Plan 58, being described as Part 1 on Reference Plan 55R-10140,


(a) LOT LINE, FRONT:

Means the lot line abutting the Grenville Avenue street allowance.

(b) Buffering:

The provisions of Section 37.2.9 shall continue to apply, except in the case of an educational institution, in which case the provisions of Section 37.2.9 shall not apply.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of the By-law, the lands and premises described in subparagraph (2) of this paragraph shall constitute a lot."




FIRSTLY:

Portions of Lots 154 and 155, Registered Plan 457; being Part 1, Reference Plan 55R-10252, and

SECONDLY:


shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 23.1 and 23.2.12 of this By-law, in the case of the lands and premises more particularly described as FIRSTLY in subparagraph (1) of this paragraph,


(a) PERMITTED USE:

A private parking area accessory to the use located on Lots 146 to 150, inclusive, Registered Plan 457, is the only use permitted.

(b) Buffering:

A privacy fence, having a minimum height of 1.6 metres, shall be constructed and maintained along the northerly interior side lot line of Lot 154, Registered Plan 457 from the rear lot line to the front lot line."


BY-LAW 95-1996 Effective Date: May 27, 1996 OMB ORDER R 960277

"514 NOTWITHSTANDING the provisions of Sections 10.2.2(b)(ii) and 10.2.3 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 20, Registered Plan W-682, designated as Parts 2 and 3 on Reference Plan 55R-10275,



18.0 metres


145.0 metres."


"515 NOTWITHSTANDING the provisions of Sections 4 and 28.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 23 to 28 inclusive, Block C, Registered Plan Number 96,


a) DEFINITIONS

In addition to the definitions contained in Section 4 of this By-law, the following definition also applies:

i) RETAIL WORKSHOP

Means a building or portion thereof which is used primarily for the carrying on of any manufacturing process from which a finished article results; and where the gross floor area devoted to the manufacturing process does not exceed 200.0 square metres; and which may include the storage of goods in connection with or resulting from the manufacturing process; and which shall include a retail store with a minimum gross floor area or 10.0 square metres devoted to the sale of the goods resulting from the manufacturing process.

b) PERMITTED USES

In addition to the uses listed in Section 28.1 of this By-law, retail workshop is permitted."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northeast Quarter of Section 54, designated as Parts 1 and 3 on Reference Plan 55R-4456, and portions of the abutting Hydro corridor and street allowance,



are hereby removed from the "FI" - Future Industrial Zone and designated as part of the "LIP" - Light Industrial Park Zone.

(2) IN SO FAR AS the property described in subparagraph 1 of this paragraph is concerned only, an additional use be added to the permitted uses permitted by Section 33.1 of By-law Number 177-1983, the said additional permitted use being as follows:

"A septic system serving the property municipally known as 1131 Central Avenue as long as the current septic system located on the said property described in paragraph 1 of this amendment By-law remains in existence as presently constructed."

BY-LAW 162-1996 Effective Date: August 12,1996


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northeast Quarter of Section 41, being Part 3, Reference Plan 55R-9329,





42.0 metres."


"518 NOTWITHSTANDING the provision of Sections 4, 5.13.9b) and 31.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 15, Concession II, NKR, being Part 2 on Reference Plan 55R-8918,


a) DEFINITIONS:


ANIMAL SHELTER

Means a building or structure or part thereof wherein domestic pets are kept, treated or provided with medical care and which may include the boarding of such animals and/or facilities for the placement and/or adoption of such animals.

b) OFF-STREET PARKING REQUIREMENTS:





Animal Shelter one space for every 23.0 square metres of gross floor area.

c) PERMITTED USES:

In addition to the uses permitted in Section 31.1 of this By-law, animal shelter is a permitted use."


"519" NOTWITHSTANDING the provisions of Sections 4 and 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots 7 and 8, Registered Plan 770, more particularly described as follows:

FIRSTLY:

That Portion of Lot Number Seven (7) which is more particularly described as follows:

COMMENCING at a point in the West limit of the said Lot which is also the Easterly limit of Red River Road as shown on Plan 770 which point is distant 150 feet measured Northerly from the Southwest angle of the said Lot;

THENCE East and parallel to the North limit of the said Lot 170 feet;

THENCE North and parallel to the West limit of the said Lot 50 feet;

THENCE East and parallel to the North limit of the said Lot, 180 feet to a point in the East limit of the said Lot distant 22 feet measured Southerly from the Northeast angle of the said Lot;

THENCE North along the said East limit of the said Lot 22 feet to the Northeast angle thereof;

Thence West along the North limit of the said Lot 350 feet to the Northwest angle of the said Lot;

Thence South along the West limit of the said Lot 72 feet to the point of commencement.

SECONDLY:

That Portion of Lot Number Eight (8), which is more particularly described as follows:

COMMENCING at the Southwest angle of the said Lot 8;

THENCE East along the South limit of the said Lot 350 feet to the Southeast angle of the said Lot;

THENCE North along the East limit of the said Lot 118 feet;

THENCE West and parallel to the South limit of the said Lot 190 feet;

THENCE South 63 degrees 15 minutes West 155.58 feet to a point in the West limit of the said Lot which point is distant 72 feet measured Southerly from the Northwest angle of the said Lot;

THENCE South along the West limit of the said Lot 140 feet to the point of commencement.

THIRDLY:

That part of Lot Number Seven (7), which is more particularly described as follows:


COMMENCING at a point in the Easterly limit of said Lot 7, distant Twenty-two (22') Feet from the Northeasterly angle thereof;

THENCE Westerly in a straight line parallel to the Northerly limit of said Lot 7, a distance of One Hundred and Eighty (180') Feet, to a point;

THENCE Southerly in a straight line, parallel to the Easterly limit of said Lot 7, a distance of Two Hundred (200') Feet, more or less to a point in the Southerly limit of the said Lot 7, being also the Northerly limit of Clarkson Avenue, distant One Hundred and Eighty (180') Feet from the Southeasterly angle thereof;

THENCE Easterly along the Southerly limit of said Lot 7, a distance of One Hundred and Eighty (180') Feet, more or less, to the Southeasterly angle thereof;

THENCE Northerly along the Easterly limit of said Lot 7, a distance of Two Hundred (200') Feet, more or less, to the Point of Commencement.


a) DEFINITIONS:

Gross Leasable Area:

Means the total floor area of a building, measured from the exterior faces of the exterior walls, designed for the occupancy and exclusive use of the owner and/or tenant, including basements, mezzanines and upper floors.

b) PERMITTED USES:

In addition to the uses listed in Section 27.1 of this By-law, retail store or stores with a gross leasable area not exceeding 1,400 square metres in total, is permitted."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the lane abutting Lots 7 to 11, Block 63, Registered Plan 121, and portions of the abutting street allowances,


are hereby removed from the "LI" - Light Industrial Zone and designated as part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.79, 5.1 and 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 7 to 11, Block 63, Registered Plan 121, and the abutting lane allowance, including the portion described in subparagraph (1) of this paragraph,



No driveway access shall be located closer than 6.0 metres from the intersection of two streets, measured from a point where the two street lines intersect.


b) PERMITTED USES:

In addition to the uses listed in Section 27.1 of this By-law, funeral home with a maximum of three dwelling units for essential staff is a permitted use.

c) DEFINITIONS:

For the purposes of a funeral home, a residence shall have the same meaning as a dwelling unit.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of the By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph,


a) A minimum of 10% of the lot area shall be maintained as landscaped open space.

b) In the case of a funeral home, no additional parking shall be required for a reception area located in the basement, provided such reception area is only used in conjunction with the chapel located on the main floor."

BY-LAW 160-1997 Effective Date: July 14, 1997 OMB ORDER Z 940181


ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of a portion of Lot 62, Registered Plan 634, being more particularly described as Part 1, on Reference Plan 55R-6528,



No driveway access to a private parking area shall be located closer than 4.0 metres from the intersection of two streets measured from a point where the two street lines intersect.

b) Parking Barrier:

A parking barrier shall be provided and maintained along the front lot line, between the exterior side lot line and a point 4.0 metres from the exterior side lot line; and along the exterior side lot line between the front lot line and a point 4.0 metres from the front lot line. This parking barrier shall have a minimum height of 0.6 metres and a maximum height of 0.75 metres.


5.9 metres.

d) Maximum Lot Coverage:

The provision of Section 12.2.8 of this By-law shall continue to apply except that a maximum of 5% additional lot coverage is permitted for a deck only."

BY-LAW 215-1996 Effective Date: October 15,1996

"522 (1) NOTWITHSTANDING the zone designation thereof as shown on the Zoning Maps 6-N and 6-0 of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 3, 4, 27, and 28 on Registered Plan M-177,

are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "HC-H" - Highway Commercial Zone - Holding.

(2) NOTWITHSTANDING the provisions of Section 27.1 of this By-law, in the case of lands and premises described in subparagraph (1) of this paragraph, the following provisions shall apply:

PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, retail store and community clinic are permitted uses.


a) DEFINITIONS


FLOOR SPACE INDEX

Means the gross floor area, in square metres, divided by the area of the lot, in square metres.

b) A minimum of 10% of the lot area shall be maintained as landscaped open space.

c) A maximum Floor Space Index of 0.40 is permitted.


(a) Only uses, buildings and structures existing on the 15th day of October, 1996, shall be permitted.

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings or structures.

(c) No new uses, buildings or structures are permitted."

*NOTE:

"H" - Symbol = site decommissioning

By-law 168-2001 amends By-law 215-1996, Paragraph "522", removes "H" - Symbol

BY-LAW 218-1996 Effective Date: October 15,1996



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 2319 to 2325 inclusive and Part of Lot 2318, Registered Plan M-42, and Part of MacDonell Street (closed), being Part of the Northwest Quarter of Section 52, and portions of the abutting street and lane allowances, all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "LIP" - Light Industrial Park Zone and designated as part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.12.3, 5.13.9 b) relating to the minimum parking for shopping centres less than 930.0 square metres of gross floor area and between 930.0 and 9300.0 square metres of gross floor area, or the provisions of Sections 27.1, 27.2.3, 27.2.4, 27.2.6 and 27.2.9 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, and those lands described as Part of MacDonell Street (closed), being Part of the Northwest Quarter of Section 52, and Parcel Section M-57-2879-1, being Part of Lot 2879, Registered Plan M-57, designated as Part 1 on Reference Plan 55R-4245, and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,


a) Parking Spaces Required

A minimum of one parking space for every 30.0 square metres of gross retail floor area is required for a shopping centre.

b) PERMITTED USES

In addition to the uses listed in Section 27.1 of this By-law, retail store is a permitted use. Notwithstanding the uses listed in Section 27.1 of this By-law, the following uses shall not be permitted: restaurant, tavern, automotive sales establishment, automotive service station, automotive gas bar, car wash, bus depot, private club, hotel, motel, and bank.

c) Minimum Front Yard

6.0 metres

d) Minimum Exterior Side Yard

6.0 metres

e) Minimum Rear Yard

6.0 metres


40%

g) Each loading space shall have unobstructed ingress and egress of not less than 3.66 metres in width from a street or lane.

(3) NOTWITHSTANDING the provisions of Section 4 of this By-law or any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (2) of this paragraph,


a) DEFINITIONS

In addition to the definitions listed in Section 4 of this By-law, the following definition shall apply:


FLOOR SPACE INDEX


(b) A minimum of 5.80% of the lot area shall be provided and maintained as landscaped open space.

(c) A maximum Floor Space Index of 0.38 is permitted."


"524 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 5-Q and 5-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of part of Lot 2, North side of Villa Street (formerly Victoria Street) as shown on Town Plot of Prince Arthur's Landing, more particularly described as the easterly portion of Part 2 on Reference Plan 55R-10240, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of part of Lot 2, North side of Villa Street (formerly Victoria Street) as shown on Town Plot of Prince Arthur's Landing, more particularly described as Part 2 on Reference Plan 55R-10240,


a) PERMITTED USES

Commercial parking lot is the only permitted use.

(3) NOTWITHSTANDING any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of lands and premises described in sub paragraph (2) of this paragraph,


(a) A privacy fence shall be constructed and maintained along the easterly and southerly limit of the said lands. The said fence shall have a minimum height of 1.6 metres."


"525 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-K AND 4-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Block 88, Registered Plan 55M-567, and portions of the abutting street allowances, all as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this para-graph,

are hereby removed from the "RE" Residential Estate Zone and designated as part of the "R1" - Residential One Unit Zone."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 10, 11 and 12, Block 11, Registered Plan 8 and portions of the abutting street and lane allowances,





a) BUFFERING

A privacy fence shall be constructed and maintained along the rear lot line. This privacy fence shall have a minimum height of 1.6 metres between the interior side lot line and a point 4.5 metres from the exterior side lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre between the said point and the exterior side lot line.

b) ACCESS TO LANE ALLOWANCE

No vehicular access to the abutting lane allowance is permitted.

c) No part of any driveway or private parking area shall located in the front yard of a main building.

d) SIGHT TRIANGLE:

A sight triangle, as shown on EXHIBIT ONE, to and forming part of this paragraph, shall contain no buildings, structures, fences, trees or shrubs."


"527 NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 304 and 305, Registered Plan WM-31,


(a) The building existing on the 18th day of November, 1996, shall be permitted to remain in its present location and the said building shall be permitted to contain a maximum of six (6) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building."



"528 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 16, Concession 3, N.K.R., and a portion of the abutting road allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, are hereby removed from the "AIR" - Airport Zone and designated "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING any provision for single detached dwellings on lots with municipal piped water in Section 10.2.1b)ii) or the provision for Hazard Land in Section 5.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 16, Concession 3, N.K.R., all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, excluding the portion of the abutting road allowance, the following provisions shall apply:

a) MINIMUM LOT AREA

Lots with municipal piped water:

(i) Single detached dwelling:


b) No building or structure shall be located closer than 10.0 metres to the boundary of any "HL" - Hazard Land Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 16, Concession 3, N.K.R., designated as a portion of Part 1, Reference Plan 55R-9680, and a portion of the abutting road allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "AIR" - Airport Zone and designated as part of the "RS" - Residential Suburban Zone.

(2) NOTWITHSTANDING the provisions for single detached dwellings on lots with municipal piped water in Sections 10.2.1 b)(ii) and 10.2.2 b)(ii) or the provision for Hazard Lands in Section 5.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 16, Concession 3, N.K.R., designated as a portion of Part 1, Reference Plan 55R-9680, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, excluding the portion of the abutting road allowance,





Single detached dwelling:




Single detached dwelling:

21.0 metres

c) No building or structure shall be located closer than 10.0 metres to the boundary of any "HL" - Hazard Land Zone."




FIRSTLY:

Part Lots 1, 2, and 6 to 21 inclusive on Registered Plan M-46, being Part 1 on Reference Plan 55R-4578; and

SECONDLY:

a portion of the abutting street allowance and a portion of the abutting watercourse;


are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2-H" - General Commercial Zone 2 - Holding.

(2) NOTWITHSTANDING the provisions of Section 25.1 of this By-law, in the case of the lands and premises described FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) PERMITTED USES

The provisions of Section 25.1 shall continue to apply, except that dwelling units combined with a non-residential use shall not be permitted, and food store shall not be permitted.


(a) A minimum 10.0 metre width of landscaped open space shall be required as shown on EXHIBIT ONE to and forming part of this paragraph.

(b) The maximum gross leasable area for all uses combined, except motel, hotel, and office, shall be 2787.0 square metres.


(4) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provision shall apply:

a) PERMITTED USES

Buildings, structures and uses legally existing on the 15th day of April, 1996."

*NOTE: - "H" - Symbol = servicing, storm water study, traffic analysis, site decomm


BY-LAW 13-1997 "531" Repealed by By-law 33-1998

Effective Date: January 26, 1998 OMB ORDER


"532 (1) NOTWITHSTANDING the provisions of Sections 5.20a, 19.2.1 and 19.2.2 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location R-3, more particularly described as Part 1, Reference Plan 55R-10449, shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

a) Street Frontage:

0 metres


977 square metres


0 metres.


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location R-3, more particularly described as Parts 2 and 3, Reference Plan 55R-10449, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph, the following provision shall apply:

The septic system, water supply and driveway serving the property described in subparagraph (1) of this paragraph is permitted to remain on the lands described in this subparagraph, notwithstanding that this property is registered in a separate name and interest from the property described in subparagraph (1)."




FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 5, Concession III, N.K.R., which is more particularly described as follows:

COMMENCING at the point in the Westerly limit of the said lot which is distant One Hundred and Fifty-seven (157) feet; measured Northerly thereon from the Southwesterly angle of the said lot;

THENCE East and parallel with the South limit of the said lot, One Hundred and Sixty-five (165) feet;

THENCE North and parallel with the Westerly limit of the said lot, One Hundred and Seven (107) feet;

THENCE West, parallel with the South limit of the said lot, One Hundred and Sixty-five (165) feet, more or less, to the Westerly limit of the said lot;

THENCE Southerly, along the said Westerly limit, One Hundred and Seven (107) feet, more or less, to the point of commencement; and

SECONDLY:



are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "GC2" - General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 5.10, 5.13.1d) and 5.13.9b) relating to the minimum required parking for a shopping centre with less than 930 square metres in gross floor area, 5.14.1 and 25.1 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1) of this paragraph,


a) BUFFERING:

Notwithstanding the provisions of Section 5.10, a privacy fence with a minimum height of 1.6 metres shall be provided and maintained along each lot line that is not a street line, abutting a residential zone.



The provisions of Section 5.13.1d) shall continue to apply, except in the case of the building existing on the 20th day of January 1997, in which case no aisle shall be required for any tandem parking spaces required for the said shopping centre. Tandem parking spaces may be used for required parking.

(ii) Parking Spaces Required:

The provisions of Section 5.13.9b) shall continue to apply, except in the case of the building existing on the 20th day of January 1997, in which case a minimum of one parking space for every 19.5 square metres of gross retail floor area is required for a shopping centre.


c) PERMITTED USES

The provisions of Section 25.1 of this By-law shall continue to apply, except in the case of the building existing on the 20th day of January 1997, in which case the following provisions shall apply:

ii) Bank, community centre, fraternal organization, video rental shop, tavern, private club and place of amusement are not permitted uses.

iii) The total of all restaurant and community bake shop uses within a shopping centre shall be limited to a maximum gross floor area of 271.0 square metres.


i) Architectural Features

The provisions of Section 5.14.1 shall continue to apply, except in the case of the building existing on the 20th day of January, 1997, in which case a projection for an entrance canopy, not to exceed 1.5 metres shall be permitted in the existing front yard.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described FIRSTLY in subparagraph (1) of this paragraph,

the following provisions shall apply, except in the case of the building existing on the 20th day of January, 1997:

a) DEFINITIONS


FLOOR SPACE INDEX


(b) A minimum of 10% of the lot area shall be maintained as landscaped open space.

(c) A maximum floor space index of 0.27 is permitted.

(d) The total of all restaurant and community bake shop uses within a shopping centre shall be limited to a maximum of 60% of the gross floor area."


"534 NOTWITHSTANDING the provisions of Sections 4.189 and 5.13.9b) of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 112 to 115, Registered Plan 764, saving and excepting that portion of Lot 112, more particularly described as follows:

COMMENCING at the south easterly angle of said Lot 112;

THENCE Westerly along the Southerly boundary of said Lot 112, 14 feet;

THENCE Northerly and parallel to the Easterly boundary of said Lot 112 to the Northerly boundary of said Lot 112;


THENCE Easterly along the Southerly boundary of said Lot 112 to the Northeasterly angle of said Lot 112;

THENCE Southerly along the Easterly boundary of said Lot 112 to the point of commencement, all according to Registered Plan 764,


a) DEFINITIONS:

Religious Institution:

Means a building commonly used by any religious organization for public worship and may include a rectory or manse, a church hall, day nursery, or religious school associated with or accessory thereto; and which may also include a non-government, non-profit, non-commercial organization which carries on social, cultural, recreational, or welfare programs.



The provisions of Sections 5.13.9b) of this By-law shall continue to apply, except in the case of a religious institution, as defined in section (a) of this paragraph, with a maximum gross floor area of 430 square metres, in which case a minimum of 33 parking spaces are required."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 17, Registered Plan 55M-446,

the following provision shall apply to the building existing on the 9th day of December, 1996:

i) DEFINITIONS

Retail Warehouse:

Means a building or part thereof which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuff, substances, articles and other things, but does not include fuel storage tanks. An accessory retail store not exceeding 200 square metres of the gross floor area shall be permitted.

ii) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building. "


"536 NOTWITHSTANDING the provisions of Sections 4, 5.13.9b) and 14.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Park Lot 7, South Side of Van Norman Street, Town Plot of Prince Arthur's Landing, and a portion of Lot 1, West of Regent Street, Registered Plan 125½, all being more particularly described as Parts 1 to 5, Reference Plan 55R-9552,



a) DEFINITIONS:

In addition to the definitions in Section 4 of this By-law, the following shall apply:

(i) CONCEPT COFFEE HOUSE

Means the use of a building, structure or portion thereof, not exceeding a maximum gross floor area of 140.0 square metres, wherein coffee, tea and other such non-alcoholic beverages, and pastries, cakes and similar non-meal food items are sold. The floor area may be sectioned into various concept or theme areas, including a reading area, small games area, computer area, antique viewing area and incidental sales area. Any incidental sales area shall be limited to a maximum of 10% of the gross floor area of the concept coffee house. The preparation of foods on the premises is prohibited.

(ii) LOT

For the purpose of a concept coffee house, lot shall mean the entire parcel of land described above as Parts 1 to 5 on Reference Plan 55R-9552.

b) PERMITTED USES

In addition to the uses listed in Section 14.1 of this By-law, a concept coffee house is a permitted use on the ground floor of the building and on the deck attached thereto existing on the 16th day of September, 1996. Extensions or additions to the deck for this use shall be permitted, in accordance with the regulations of this By-law.




Use Minimum Number of Parking Spaces Required:

Concept Coffee House One space for every 6.0 square metres of gross floor area."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Park Lot 3, South Side of Bay Street, Town Plot of Prince Arthur's Landing, more particularly described as follows:

FIRSTLY:

COMMENCING at the most westerly angle of the said Lot;

THENCE northeasterly along the northwesterly limit of the said Lot, 33 fee, more or less, to the point where the said limit is intersected by the northeasterly limit of Cornwall Avenue as opened up and established by By-law Number 584 of the Town of Port Arthur which said bylaw is registered in the Registry Office for the Registry Division of Thunder Bay as Instrument Number 4681, being the point of commencement of this description.


THENCE northeasterly along the northwesterly limit of the said Lot, being the southeasterly limit of Albert Street (now Machan Avenue) as opened up and established by the said Bylaw Number 584, 64 feet;

THENCE southeasterly and parallel to the said northeasterly limit of Cornwall Avenue, 122 feet;

THENCE southwesterly and parallel to the said northwesterly limit of the said Lot, being the said southeasterly limit of Albert Street (now Machar Avenue), 64 feet, more or less, to the said northeasterly limit of Cornwall Avenue;

THENCE northwesterly along the said northeasterly limit of Cornwall Avenue, 122 feet, more or less, to the point of commencement of this description.

SECONDLY:



are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "GC2-H" - General Commercial Zone 2 - Holding.

(2) NOTWITHSTANDING the provisions of Sections 4, 5.10, 25.1, 25.2.3, 25.2.4, 25.2.6, 25.2.10 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1) of this paragraph, the following provisions shall apply:

a) DEFINITIONS:


i) SERVICE SHOP

Means a building or part thereof operated for the purpose of repairing or servicing articles, goods or merchandise, not being vehicles, and limited to a floor area not exceeding 300 square metres, and which may also include the storage of the said articles, goods or merchandise.

b) PERMITTED USES:

i) In addition to the uses listed in Section 25.1 of this By-law, service shop is a permitted use.

ii) The buildings existing on the 16th day of September, 1996, shall not be permitted to have extensions or additions, but may be strengthened or restored to a safe condition.

c) MINIMUM FRONT YARD:

6.0 metres

d) MINIMUM EXTERIOR SIDE YARD:

6.0 metres

e) MINIMUM REAR YARD:

3.0 metres

f) BUFFERING:

The provisions of Section 25.2.10 do not apply.


(3) NOTWITHSTANDING any provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described FIRSTLY in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) The dwelling containing two dwelling units and one office, existing on the 16th day of September 1996, shall be the only permitted use.

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said dwelling provided that such strengthening or restoration does not increase the height, size or volume of the said building.


*NOTE:

- "H" - Symbol = dwelling demolition

- By-law 233-1997 removes the H-symbol - Effective Date: September 23, 1997



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being more particularly described as follows:

FIRSTLY:

The Southwest Quarter of Lot 2, South Side Villa Street, Town Plot of Port Arthur; and

SECONDLY:




(2) NOTWITHSTANDING the provisions of Section 28.1 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1) of this paragraph,


PERMITTED USES

The provisions of Section 28.1 of this By-law shall continue to apply, provided however that in the case of the building existing on the 17th day of March 1997, single detached dwelling is a permitted use."


"539 NOTWITHSTANDING the provisions of Sections 5.13.9 and 22.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the easterly fifty-two feet and four-tenths (52.4) feet from the front to rear in perpendicular width of Lot 137, Registered Plan W-764,


a) PERMITTED USES

The provisions of Section 22.1 shall continue to apply, provided however that in the case of the building existing on the 17th day of March 1997, the following additional uses are permitted:

i) personal service shop, with a maximum gross floor area of 37.0 square metres

ii) an apartment dwelling containing a maximum of three (3) dwelling units


The provisions of Section 5.13.9 shall continue to apply except that a minimum of four (4) parking spaces shall be provided and maintained for the building existing on the 17th day of March, 1997."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location 17, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RE" Residential Estate Zone and designated as part of the "HL" - Hazard Land Zone."


"541 NOTWITHSTANDING the provisions of Sections 12.2.4, 12.2.5(b)(i) and 12.2.8 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the whole of Lot 11 and the easterly 18 feet in perpendicular width of Lot 10, Block 32, Registered Plan W-219, the following provisions shall apply:

a) Minimum Interior Side Yard

The provisions of Section 12.2.5(b)(i) shall continue to apply except in the case of the building existing on the 14th day of April, 1997 and any extensions or additions made thereto hereafter, in which case the minimum interior side yard shall be 1.25 metres;

b) Maximum Lot Coverage

The provisions of Section 12.2.8 of this By-law shall continue to apply except in the case of the building existing on the 14th day of April, 1997 and any extensions or additions made thereto hereafter, in which case the maximum lot coverage shall be 54.1%.


The provisions of Section 12.2.4 of this By-law shall continue to apply except in the case of the building existing on the 14th day of April, 1997, in which case the minimum rear yard shall be 0.6 metres."



"542 (1) NOTWITHSTANDING the zone designation thereof as shown on the Zoning Map 7-N of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 1012, and Lots 1013 to 1017 inclusive, Registered Plan W-357, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "HC-H" - Highway Commercial Zone - Holding.

(2) NOTWITHSTANDING any other provisions of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provisions shall apply:

a) PERMITTED USES

Notwithstanding the uses listed in Section 27.1 of this By-law, only the following uses shall be permitted within the building existing on the 21st day of October, 1996:

- furniture show room - retail store - service shop - office with less than 5 employees - personal service shop with less than 3 employees - secondhand shop - shopping centre containing two or more uses permitted in this clause

(b) Notwithstanding any provision of this By-law to the contrary, the building, private parking area, and driveway as they existed on the 21st day of October, 1996, are permitted. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.

c) DEFINITIONS


FLOOR SPACE INDEX


(d) Except in the case of the building existing on the 21st day of October, 1996, a maximum Floor Space Index of 0.27 shall be permitted.

(e) Except in the case of the building existing on the 21st day of October, 1996, a minimum of 10% of the lot area shall be maintained as landscaped open space.


(a) The only uses and buildings permitted, shall be those described in clause (a) of subparagraph (2) of this paragraph.


(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe

condition of all or part of the said building, provided that the strengthening or restoration does not increase the height, size or volume of the said building.


*NOTE:

"H" Symbol = site decommissioning

BY-LAW 111-1997 Repealed by By-law 171-2002

Effective Date: May 26, 1997 Effective Date: July 22, 2002

"543


"544 Please refer to Subparagraph (4) of Paragraph 406)

BY-LAW 167-1997 Amended by by-law 171-2002

Effective Date: July 28, 1997 Effective Date: July 22, 2002

"545 (1) NOTWITHSTANDING the provisions of Sections 4 and 27.1 of this By-law or any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lots 5 to 11, Block 4, Registered Plan 8; Lots 384 to 387, Registered Plan M-89; Lots 2951 to 2965, part of Lots 2978 to 2980, Lots 2981 to 2988, Registered Plan M-57 and a portion of Field Street shown as Parts 7, 8 and 15 of Reference Plan 55R-4523,

all shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,


a) DEFINITIONS

In addition to the definitions contained in Section 4 of this By-law, the following definitions shall apply:

B - 381 August 2002

(i) AUTOMOTIVE PARTS AND ACCESSORIES STORE

Means an establishment primarily engaged in retail dealing in new or used tires, tubes, batteries and other automotive parts and accessories, separate or in combination, and may include retail dealing in home needs such as hardware, electrical supplies, housewares and paint. In addition, tire installation and repair, and automobile repair are also permitted in such an establishment.

(ii) AUTOMOTIVE RADIO AND STEREO STORE

Means the use of land, or building, or structure, for the display and sale of automotive radio and stereo equipment and shall include facilities for the installation of such equipment, and may include the display and sale of household audio and video equipment.

b) PERMITTED USES


(i) automotive parts and accessories store;

(ii) automotive radio and stereo store;

(iii) furniture showroom.

(2) NOTWITHSTANDING the provisions of Sections 4.115, 4.124 and 27.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lots 5 to 11, Block 4, Registered Plan 8; Lots 384 to 387, Registered Plan M-89 and portions of Field Street shown as Parts 7, 8 and 15 of Reference Plan 55R-4523,



a) DEFINITIONS

(i) LOT

Lot means the lands described in this subparagraph (2).

(ii) LOT LINE, FRONT

Means the lot line abutting the Sixth Avenue street allowance.

b) Repealed by By-law 171-2002


B- 382 August 2002

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 2951 to 2965, part of Lots 2978 to 2980, Lots 2981 to 2988, Registered Plan M-57,



a) DEFINITIONS

(i) LOT LINE, FRONT

Means the lot line abutting the Memorial Avenue street allowance.

(4) Repealed by By-law 171-2002


a) The building existing on the 20th day of January, 1997, is permitted to remain in its present location.

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size or volume of the said building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, formerly the City of Fort William, in the District of Thunder Bay and being composed of Lot 345, Registered Plan M-13,


a) PERMITTED USES:

A parking lot accessory to a permitted use contained on Lot 344, Registered Plan M-13 shall be the only permitted use, provided however, that Lot 345, Registered Plan M-13 shall not be used to determine the minimum lot area requirements for the main use contained on Lot 344, Registered Plan M-13.

b) BUFFERING:

(i) A privacy fence shall be constructed and maintained along the entire length of the rear lot line and the front lot line, and shall have a minimum height of 1.0 metres and a maximum height of 1.2 metres.

(ii) A privacy fence shall be constructed and maintained along the southerly interior side lot line. This privacy fence shall have a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and a minimum height of 1.0 metres and a maximum height of 1.2 metres, between the said point and the front lot line."

B- 383 August 2002




FIRSTLY:

Lots 1 to 44, Block 3; Lots 1 to 22, Block 4; Lots 1 to 10, Block 15; and Lots 1 to 10, Block 16, Registered Plan W-54, and

SECONDLY:



are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "GC1-H" - General Commercial Zone 1 - Holding.

(2) NOTWITHSTANDING the provisions of Section 24.1 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1) of this paragraph,


(a) PERMITTED USES

(i) In addition to the uses listed in Section 24.1 of this By-law, the following uses are also permitted:

- apartment dwelling - double duplex dwelling - group townhouse - live/work unit - one or more dwelling units in combination with one or more

non-residential uses permitted in Section 24.1 and there shall be no requirement as to the minimum ground floor area devoted to a non-residential use

- retail workshop

- senior citizen dwelling with or without one or more non-residential uses permitted in Section 24.1

- service shop - street townhouse

(3) NOTWITHSTANDING the provisions of Sections 4.58, 4.201, 5.13.9, 24.2.3, 24.2.4 and 24.2.6(b) of this By-law or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described FIRSTLY in subparagraph (1) of this paragraph,

B- 384 August 2002


(a) DEFINITIONS

(i) Retail Workshop

Means a building or portion thereof which is used primarily for a manufacturing process from which a finished article results; and where the gross floor area does not exceed 300 square metres; and which may include the storage of goods in connection with or resulting from the manufacturing process; and which shall include a retail store with a minimum gross floor area of 10.0 square metres devoted to the sale of the goods resulting from the manufacturing process. Without limiting the generality of the foregoing, retail workshop may include cabinet making, furniture making, upholstering and drapery making.

(ii) Live/Work Unit

Means a dwelling unit that is also used as a commercial school, office, personal service shop, service shop or a studio for a photographer, craftsperson or artist. The sale of any artifacts produced therein shall be permitted only as an accessory use.

(iii) Service Shop

Means a building or part thereof operated for the purpose of repairing or servicing articles, goods or merchandise, not being vehicles, and limited to a gross floor area not exceeding 300.0 square metres, and which may also include the storage of the said articles, goods and merchandise.


Non-Residential Uses:

In addition to the requirements of Section 5.13.9 of this By-law, the following shall apply:


Retail Workshop one space for every 37.0 square metres of gross floor area

Live/Work Unit 1.5 spaces per unit

c) The provisions of Sections 24.2.3, 24.2.4 and 24.2.6(b) do not apply.



(a) Maximum Number of Dwelling Units:

100 dwelling units per hectare of lot area.

B- 385 August 2002

(5) NOTWITHSTANDING any provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, no new residential use shall be permitted."

*NOTE:

"H" Symbol = railway noise mitigation


Effective Date: August 11, 1997 Effective Date: July 22, 2002

"548 NOTWITHSTANDING the provisions of Sections 4, 5.12.3, 27.1, 27.2.5, 27.2.6 and 27.2.9 of this By-law or any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northwest Quarter of Section 52, designated as Part 1 on Plan PAR-606, saving and excepting Part 3 on Reference Plan 55R-846,


a) DEFINITIONS


i) OFFICE EQUIPMENT, SUPPLIES AND SERVICE CENTRE

Means a retail store having a minimum gross floor area of 1,500 square metres where office equipment and supplies and equipment, including but limited to paper, furniture, small business machines, computers, communication devices, lunch and coffee break supplies and janitorial supplies are displayed, stored and offered for sale and includes a customer service centre offering such services as the repair and maintenance of office equipment, telefaxing, copying, binding, laminating and custom printing.

ii) RETAIL CLOTHING AND APPAREL WAREHOUSE

Means a retail store having a minimum gross floor area of 1,000 square metres where clothing, footwear and related furnishings are stored, displayed and offered for sale.

b) ACCESS

Direct access from a street to a loading space is permitted.

c) PERMITTED USES


- office equipment, supplies and service centre - retail clothing and apparel warehouse

d) Minimum Interior Side Yard:

1.5 metres

B- 386 August 2002


0 metres

f) Maximum Lot Coverage:

39%

g) Repealed by By-law 171-2002

h) Repealed by By-law 171-2002




FIRSTLY:

Lots 12, 13, 14, 33 and 34, Block 2, Registered Plan 1268, and

SECONDLY:

a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph, are hereby removed from the "R2" - Residential One and Two Unit Zone and the "0S" - Open Space Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 5.13.9a) of this By-law, in the case of the lands and premises described firstly in subparagraph (1) of this paragraph, the following provisions shall apply:

a) The provisions of Section 5.13.9a) shall continue to apply accept in the case of the building which actually existed on the 21st day of July, 1997, in which case 22 parking spaces shall be provided."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 and 2, Registered Plan M-50 and portions of the abutting street and lane allowances,


are hereby removed from the "GC2" - General Commercial Zone 2 and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

B- 387 August 2002

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, the building existing on the 16th day of September, 1996, shall be permitted to remain in its present position and shall be permitted to contain a maximum of six (6) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building."



FIRSTLY:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 5, Concession III, N.K.R., being Parts 7 and 8 on Reference Plan 55R-2373 and

SECONDLY:



are hereby removed from the "RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "GC2" - General Commercial Zone 2".

(2) NOTWITHSTANDING the provisions of Section 25.1 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1),

the following uses are the only permitted uses:

- commercial school - community bake shop - community centre - community clinic - drugstore - dry-cleaning depot

- duplex dwelling legally existing on the effective date of this By-law which may include extensions or additions made thereto hereafter

- dwelling units combined with a non-residential use permitted in this Section, provided that a minimum of 50% of the ground floor area of the building is devoted to a non-residential use

- food store - library - neighbourhood bake shop - neighbourhood clinic - office - personal service shop - private club - public sauna - restaurant - retail store - shopping centre containing two or more uses permitted in this Section

B- 388 August 2002

- veterinary clinic - buildings, structures, or uses accessory to a permitted use in this Section

(3) NOTWITHSTANDING the provisions of Sections 25.2.5 and 25.2.10 of this By-law, in the case of the lands and premises being more particularly described FIRSTLY in subparagraph (1),


a) BUFFERING:

The provisions of Section 25.2.10 shall continue to apply, provided however, where a privacy fence exists on the abutting northerly property, no privacy fence shall be required on the lands described FIRSTLY in this paragraph. Should the fence on the adjacent property be removed, then the required privacy fence shall be constructed and maintained in accordance with Section 25.2.10.

b) Minimum Easterly Interior Side Yard:

The provisions of Section 25.2.5 shall continue to apply, except in the case of the building existing on the 15th day of September, 1997, in which case, the minimum westerly interior side yard shall be 3.0 metres and the minimum easterly interior side yard shall be 2.1 metres. Extensions or additions to the existing building are permitted, provided such extensions or additions do not further contravene any provision of this By-law.



a) DEFINITIONS


FLOOR SPACE INDEX


a) A minimum of 10% of the lot area shall be maintained as landscaped open space.

b) A maximum floor space index of 0.28 is permitted.

c) Where any portion of a parking space is located within 0.6 metres of the rear lot line, curbing being precast concrete curb stops, or poured concrete curbs, or treated timbers shall be provided and maintained along that portion of the parking space."


"552 NOTWITHSTANDING the provisions of Sections 13.2.1(b), 13.2.2(b), 13.2.4 and 13.2.7 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots 3 and 4, Registered Plan 428, being Parts 1 and 2 on Reference Plan 55R-10058,

B- 389 August 2002

the following provisions shall apply for a single-detached dwelling:

a) Minimum Lot Area

5,000 square metres


10.0 metres


49.0 metres

d) Minimum Interior Side Yard

4.5 metres

e) Minimum Rear Yard

6.0 metres"


Effective Date: October 27, 1997 Effective Date: August 10, 1998


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parts of Lots 21, 22 and 23, Registered Plan 115, and a portion of the abutting street allowance,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and the "RM1" - Residential Multiple Low Density Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 14.2.1(c) 14.2.2(c) and 14.2.5 (b)(ii) of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph,


a) The provisions of Section 14.2.1(c) and 14.2.2(c) shall continue to apply except in the case of a single detached dwelling in which case the following provisions shall apply:


338 square metres


10.7 metres



The provisions of Section 14.2.5(b)(i) shall continue to apply except in the case of a single detached dwelling in which case the following provisions shall apply:

Where rear access is provided or there is an attached garage or carport, 1.5 metres for one interior side yard and 1.1 metres for the other interior side yard.


The provisions of Section 14.2.5(b)(ii) shall continue to apply except in the case of a single detached dwelling in which case the following provisions shall apply:

Where no rear access is provided and there is no attached garage or carport, 3.0 metres for one interior side yard and 1.1 metres for the other interior side yard.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 20 and Parts of Lots 11, 12, 21 and 23, Registered Plan 115, and a portion of the abutting street allowance,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and the "RM1" - Residential Multiple Low Density Zone and designated as part of the "NIN" - Neighbourhood Institutional Zone.

(4) NOTWITHSTANDING the provisions of Sections 4.141, and 37.1, of this By-law, in the case of the lands and premises described in subparagraph (3) of this paragraph, the following provisions shall apply:

a) DEFINITIONS

NEIGHBOURHOOD CLINIC

Means a building or part thereof used in the professional practice of not more than four doctors, dentists or drugless practitioners for the purpose of consultation, diagnosis or treatment but shall not include a pharmacy or laboratory accessory to the clinic.

b) PERMITTED USES

In addition to the uses permitted in Section 37.1 of this By-law, neighbourhood clinic is also a permitted use.

(5) NOTWITHSTANDING the provisions of Sections 5.13.1 b), 5.13.9 b), 37.2.3, 37.2.5, and 37.2.9 of this By-law, in the case of the lands and premises described in subparagraph (3) of this paragraph, the following provisions shall apply:

a) EXISTING BUILDING

The provisions of Sections 5.13.1 b), 5.13.9 b), 37.2.3, 37.2.5, and 37.2.9 shall continue to apply except in the case of the building existing on the 18th day of August, 1997, which shall be permitted to remain in its present position and to be used as a religious institution or a neighbourhood clinic provided that:


(i) a minimum of 17 parking spaces are provided and maintained on the lands described in subparagraph (3);

(ii) a privacy fence or buffer strip with a minimum height of 1.6 metres is provided and maintained along those portions of the lot lines of "PROPERTY LOCATION 2" as shown on EXHIBIT ONE to and forming part of this paragraph, and along the north westerly interior side lot line from the fence location shown on the said EXHIBIT to a point 7 metres from the front lot line; and

(iii) the minimum width of a driveway leading to a parking area shall be 3.0 metres for two way traffic.

b) Section 5.10 shall not apply to the parking and privacy fence or buffer strip requirements of clause a) of this subparagraph (5)."

BY-LAW 276-1997 Effective Date: Novmeber 24, 1997


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 288, Registered Plan W-42,


a) PERMITTED USES:

In addition to the uses listed in Section 32.1 of this By-law, a dwelling unit accessory to the main use is a permitted use."


"555 NOTWITHSTANDING the provisions of Sections 5.10, 5.13, 22.1 and 22.2.9 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 26 and Part of Lot 25, Block 14, Registered Plan W-148, being Part 2 on Reference Plan 55R-8583,


a) PERMITTED USES

In addition to the uses listed in Section 22.1 of this By-law, a personal service shop with a maximum gross floor area of 54.0 square metres combined with one (1) dwelling unit shall be permitted in the building existing on the 19th day of January, 1998. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building for the aforementioned permitted uses, provided such repair or restoration does not increase the height, size or volume of the said building.


The provisions of Section 5.13 shall continue to apply except that for a personal service shop combined with one (1) dwelling unit contained within the building existing on the 19th day of January, 1998, a minimum of five (5) parking spaces shall be required. The said parking spaces shall be laid out in accordance with the provisions of Section 5.13 of this By-law, except that a maximum of two (2) parking spaces may be provided as tandem spaces in the rear yard.


c) BUFFERING

Notwithstanding the provisions of Section 5.10 of this By-law, except for the building existing on the 19th day of January, 1998, the provisions of Section 22.2.9 shall continue to apply."


"556 NOTWITHSTANDING the provisions of Section 13.1 of this By-law or any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of East Half of Lot 228, Registered Plan W-42,


a) PERMITTED USES:

The provisions of Section 13.1 shall continue to apply, provided however that there may be erected, reconstructed or renovated on the foundation existing on the 16th day of February, 1998, a maximum of four dwelling units. The building so erected, reconstructed or renovated shall be limited to one storey and no change in the total lot coverage shall be permitted. Nothing in this By-law shall prevent the restoration to a safe condition of all or part of the renovated building, provided such repair or restoration does not increase the height, size or volume of the said building.


A minimum of 1.5 parking spaces shall be provided and maintained for each dwelling unit located within the building erected, reconstructed or renovated in the manner described in sub-paragraph (1)(a).

c) In the case of the building erected, reconstructed or renovated in the manner described in subparagraph (1)(a), a chain link fence, having a minimum height of 1.2 metres, shall be constructed and maintained along the rear lot line.

d) BUFFERING:

In the case of the building erected, reconstructed or renovated in the manner described in subparagraph (1)(a), a privacy fence, having a minimum height of 1.6 metres shall be constructed and maintained along the westerly interior side lot line from the rear lot line to a point 18.7 metres from the rear lot line."

BY-LAW 49-1998 Effective Date: March 9, 1998 As amended by OMB Order No. 2565 (PL 980330) - October 9, 1998


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the Lots 86 and 87, and part of Lots 88 and 89, Registered Plan 191, and Lot 8 and part of Lot 7, Registered Plan 370, and a portion of the abutting street allowances,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the " R2" - Residential One and Two Unit Zone.


(2) NOTWITHSTANDING the provisions of Sections 5.1, 13.2.1(b), 13.2.1(c), 13.2.2(b), 13.2.2(c), 13.2.4, and 13.2.7(b) of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street allowances,



No driveway access shall be located closer than 4.5 metres from the intersection of two streets, measured from the nearest point where the two street lines intersect.


(i) The provisions of Section 13.2.1(c) shall continue to apply except in the case of a semi-detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot area shall be:

189.0 square metres for each dwelling unit

(ii) The provisions of Section 13.2.1(b) shall continue to apply except in the case of a single detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot area shall be:

280.0 square metres


(i) The provisions of Section 13.2.2(c) shall continue to apply except in the case of a semi-detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot frontage shall be:

6.3 metres for each dwelling unit

(ii) The provisions of Section 13.2.2(b) shall continue to apply except in the case of a single detached dwelling with municipal piped water and municipal sewage disposal, in which case the minimum lot frontage shall be:

9.3 metres

d) Minimum Front and Rear Yard:

The provisions of Section 13.2.4 shall continue to apply, except that the minimum front yard shall be 3.0 metres.

e) Minimum Interior Side Yard for a Single Detached or Semi-Detached Dwelling:

1.3 metres."


"558 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-0 of this By-law, the lands and premises being more particularly described as follows, namely:



Parcel 5773 Port Arthur Freehold being Part of the Southeast Subdivision of Section 52, Township of McIntyre, subject to an easement in favour of Ontario Hydro over Part 2, Reference Plan 55R-3902 and portions of the abutting street allowances;


are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2" - General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.107, 25.1, and 25.2.9 of this By-law, and in addition to all the other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding the portions of the abutting street allowances, the following provisions shall apply:

a) FLOOR SPACE INDEX

Means the gross floor area in square metres, divided by the area of the lot in square metres.

b) LANDSCAPED OPEN SPACE

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation and shall not include surfaced walkways and patios, retaining walls or any other similar landscaping features, or driveway or parking areas regardless of composition, roof-top terraces, or space within a building or structure.

c) PERMITTED USES

The provisions of Section 25.1 of this By-law shall continue to apply, except that food store, office, or dwelling units combined with a non-residential use permitted in Section 25.1 shall not be permitted.

d) The maximum gross leaseable area for all uses combined, except motel and hotel, is 2787.0 square metres.

e) A maximum Floor Space Index of 0.27 is permitted.

f) A minimum of 10% of the lot area shall be maintained as landscaped open space."


Effective Date: June 15, 1998 Effective Date: December 18, 2006

"559 (1) NOTWITHSTANDING the provisions of Sections 4.83, 4.115 and 13.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots 42, 43 and 44, West Side Hill Street, Registered Plan 157, being Parts 1 to 6 on Reference Plan 55R-10556,



a) DEFINITIONS


The provisions of Sections 4.83 and 4.115 shall continue to apply, except in the case of one main building containing a maximum of three neighbourhood clinics and one dwelling unit, in which case the following shall apply:

i) LOT

Means the parcel of land described as portions of Lots 42, 43 and 44, West Side Hill Street, Registered Plan 157, being Parts 1 to 6 on Reference Plan 55R-10556.

ii) GROSS FLOOR AREA

Means the aggregate area of all storeys, plus the basement, measured from the exterior faces of the exterior walls.


b) PERMITTED USES

In addition to the permitted uses listed in Section 13.1 of this By-law, "one main building containing a maximum of three neighbourhood clinics and one dwelling unit" shall be permitted on the lot as defined in paragraph 559(1)a)i) of this By-law.



The provisions of Section 13.2.1 shall continue to apply, except in the case of one main building containing a maximum of three neighbourhood clinics and one dwelling unit, in which case the minimum lot area is 1626.2 square metres.



The provisions of Section 13.2.2 shall continue to apply, except in the case of one main building containing a maximum of three neighbourhood clinics and one dwelling unit, in which case the minimum lot frontage is 37.3 metres.


e) Minimum Side Yards:

The provisions of Section 13.2.7 shall continue to apply, except in the case of one main building containing a maximum of three neighbourhood clinics and one dwelling unit, in which case the following shall apply:

(i) Minimum Interior Side Yard:

3.0 metres.




a) BUFFERING

In the case of one main building containing a maximum of three neighbourhood clinics and one dwelling unit, a privacy fence shall be provided and maintained as follows:


(i) having a minimum height of 1.6 metres along the rear lot line, from the interior side lot line to a point 9.0 metres from the exterior side lot line; and having a minimum height of 0.75 metres and a maximum height of 1.0 metre from the said point to the exterior side lot line (Hill Street); and

(ii) having a minimum height of 1.6 metres along the interior side lot line, from the rear lot line to a point 6.0 metres from the front lot line (River Street); and having a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to the front lot line."


b) Landscaped Open Space:

An area of Landscaped Open Space shall be provided and maintained as follows:

(i) 1.5 metre wide along the exterior side lot line and front lot line exclusive of driveway and sidewalk entrances,

(ii) 1.5 metre wide along the interior lot line, and

(iii) 1.0 metre wide along the rear lot line."





a) PERMITTED USES

In addition to the uses listed in Section 22.1 of this By-law, a laundromat limited to a maximum gross floor area of 140 square metres and a maximum of 15 washing machines combined with a maximum of three (3) dwelling units is permitted within the building existing on the 19th day of May, 1998 and within any extension or addition made thereto.

b) Buffering:

A privacy fence shall be provided and maintained along the easterly interior side lot line. Except for the fence existing on the 19th day of May, 1998, the privacy fence shall have a minimum height of 1.6 metres between the rear lot line and a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres between the said point and the front lot line."


"561 NOTWITHSTANDING the provisions of Sections 4, 5.13.9 and 27.1 of this By-law or any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 4 and 5, Registered Plan M-192, being Parts 3 and 4 on Plan PAR-577, and Part 2 on Reference Plan 55R-1996, and a portion of the Court Street road allowance (closed),




a) DEFINITIONS

In addition to the definitions listed in Section 4 of this By-law, the following definitions shall apply:

(i) FLOOR SPACE INDEX


(ii) LANDSCAPED OPEN SPACE

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped feature, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.

b) PERMITTED USES

(i) In addition to the uses listed in Section 27.1 of this By-law, retail store and warehouse with no outside storage, are permitted.

(ii) A maximum of two (2) retail stores shall be permitted within the building existing on the 20th day of April, 1998. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.


The provisions of Section 5.13.9 shall continue to apply, except in the case of the permitted use described in subparagraph (1)(b)(ii) of this paragraph, in which case a minimum of 35 parking spaces shall be provided and maintained for two retail stores.

d) A maximum floor space index of 0.27 is permitted.

e) BUFFERING

Notwithstanding the provisions of Section 5.10 of this By-law, except for the building existing on the 20th day of April, 1998, the provisions of Section 27.2.10 shall continue to apply.

f) Except in the case of the building existing on the 20th day of April, 1998, a minimum of 10% of the area of the lot shall be maintained as landscaped open space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 19 and 20, Registered Plan 317, and a portion of the abutting street and lane allowances,





ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 to 5 and 16 to 20, Registered Plan 317,


a) DEFINITIONS

In addition to the definitions listed in Section 4 of this By-law, the following definitions shall apply:




Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped feature, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.

b) A minimum of 10% of the lot area shall be maintained as landscaped open space.

c) A maximum Floor Space Index of 0.27 is permitted."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 566 to 582, Registered Plan WM-41, Lot 685, designated as Parts 1 and 2 on Reference Plan 55R-830, Registered Plan WM-41, and Part of the C.N.R. right-of-way,



a) DEFINITIONS

MINIATURE GOLF COURSE

Means an area of land operated for profit or gain as a commercial place of amusement in which facilities are provided to simulate the game of golf or any aspect of the game on a small scale, without a public address system or a public music system, but does not include a golf ball driving range.


b) PERMITTED USES

In addition to the uses permitted in Section 15.1, the following uses are permitted:

(i) The motel building existing on the 20th day of April 1998 is permitted to remain in its present location. Within the motel building, a maximum of 29 units are permitted and the following accessory uses are permitted within the motel building: dwelling unit; office; and laundromat. A maximum of one accessory building to the motel shall be permitted. A personal service shop shall be permitted within the motel building.

(ii) A miniature golf course with a maximum of 18 holes and a maximum of one accessory building is permitted.

c) Notwithstanding Section 15.2 or any other provision of this By-law to the contrary and in addition to all the other provisions of this By-law, the following provisions shall apply:

i) Minimum Lot Area:


ii) A chain link fence having a minimum height of 1.8 metres shall be provided and maintained along the most westerly lot line abutting the C.N.R. right-of-way.

d) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the motel building existing on the 20th day of April 1998, provided such strengthening or restoration does not increase the height, size or volume of the building.

e) Notwithstanding Section 15.2 or any other provision of this By-law to the contrary, and in addition to all the other provisions of this By-law, the following provisions shall apply for a building accessory to a motel or a miniature golf course:

i) Minimum Front Yard:

6.0 metres

ii) Minimum Interior Side Yard:

6.0 metres

iii) Minimum Exterior Side Yard:

6.0 metres

iv) Minimum Rear Yard:

0.4 metres

v) Maximum Height:

6.5 metres

vi) A building accessory to a motel or a miniature golf course shall have a maximum gross floor area of 150.0 square metres.

f) Notwithstanding the provisions in Section 5.13.9 b) relating to motel, personal service shop or miniature golf course, the following provision shall apply:


(i) A minimum of 41 parking spaces shall be required for a motel containing a maximum of 29 units and accessory uses and a personal service shop, and a minimum of 18 parking spaces shall be required for a miniature golf course."

BY-LAW 151-1998 Effective Date September 14, 1998


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Registered Plan 827; and portions of Lots 26 to 28, Block 29, Registered Plan 147, more particularly described as follows:

FIRSTLY: Part of Lot 26

COMMENCING at the Southeast angle of the said Lot;

THENCE Westerly along the South limit of the said Lot, 101.01 feet, more or less, to the Southeasterly limit of Court Street according to plan of subdivision registered in the said Land Registry Office as Number 827;

THENCE Northeasterly along the said limit of Court Street, 41.37 feet, more or less, to the North limit of the said Lot;

THENCE Easterly along the North limit of the said Lot, 76.02 feet, more or less, to the Northeast angle of the said Lot;

THENCE Southerly along the Easterly limit of the said Lot, 32.98 feet, more or less, to the Point of Commencement.

SECONDLY: Part of Lot 27


THENCE Westerly along the South limit of the said Lot, 125.99 feet, more or less, to the Southeasterly limit of Court Street, according to plan of subdivision registered in the said Land Registry Office as Number 827;



THENCE Southerly along the Easterly limit of the said Lot, 32.98 feet, more or less, to the Point of Commencement.

THIRDLY: Part of Lot 28


THENCE Westerly along the South limit of the said Lot, 150.98 feet, more or less, to the Southeasterly limit of Court Street, according to plan of subdivision registered in the said Land Registry Office as Number 827;



THENCE Southerly along the Easterly limit of the said Lot, 32.98 feet, more or less, to the Point of Commencement,



a) PERMITTED USES

(i) The provisions of Section 27.1 shall continue to apply, except in the case of the building existing on the 16th day of June, 1997, in which case the said building shall be permitted to contain a maximum of three (3) dwelling units. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size, or volume of the said building.

(ii) Residential use shall not be permitted with any other permitted use.

(2) NOTWITHSTANDING the provisions of Section 4 of this By-law or any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


b) DEFINITIONS


FLOOR SPACE INDEX


c) Except in the case of the building existing on the 16th day of June, 1997, a maximum Floor Space Index of 0.27 is permitted.

d) Except in the case of the building existing on the 16th day of June, 1997, a minimum of 10% of the lot area shall be maintained as landscaped open space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location A (Donnelly's Survey) shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

the following provisions shall apply

a) PERMITTED USES

In addition to the uses permitted in Section 44.1 of this By-law, an accessory building and associated septic field for a park is also a permitted use."


"566 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7F of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of Lot 19, Concession 5, N.K.R., and a portion of the abutting street allowance, designated as Parts 1 to 27 on Reference Plan 55R-10912,



are hereby removed from the "RF1" - Residential Future Zone 1 and designated as part of the "RS" Residential Suburban Zone."


"567 (1) NOTWITHSTANDING the zone designations thereof as shown on Zoning Maps 7-J, 7-K, 8-J and 8-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parts of Blocks B and C on Registered Plan W-869, being Parts 2 and 7 on Reference Plan 55R-10725, and a portion of the abutting street allowance,


are hereby removed from the "OS" - Open Space Zone and the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the zone designations thereof as shown on Zoning Maps 7-J, 7-K, 8-J and 8-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block C on Registered Plan W-869, being Part of Part 7 on Reference Plan 55R-10725, and a portion of the abutting street allowance,


are hereby removed from the "OS" - Open Space Zone and the "NIN" - Neighbourhood Institutional Zone and designated as part of the "R2A" - Residential Two Unit Zone.

(3) NOTWITHSTANDING the zone designations thereof as shown on Zoning Maps 7-J and 7-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block B on Registered Plan W-869, being Parts 4, 5, and 6 on Reference Plan 55R-10725,


are hereby removed from the "OS" - Open Space Zone and designated as part of the "NIN" - Neighbourhood Institutional Zone.

(4) NOTWITHSTANDING the zone designations thereof as shown on Zoning Maps 7-J and 7-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block B on Registered Plan W-869, being Parts 1, 2 and 3 on Reference Plan 55R-10725 and a portion of the abutting street allowance,



are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "OS" - Open Space Zone.

(5) NOTWITHSTANDING the provisions of Sections 12.2.1 c) and 12.2.2 c), in the case of a portion of the lands described in subparagraph (1) of this paragraph,





448.0 square metres



13.0 metres

(6) NOTWITHSTANDING the provision of Section 12.2.2 c), in the case of that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block C on Registered Plan W-869,





11.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 19 and 20, Block 31, Registered Plan W-54 and portions of the abutting street and lane allowances,


are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "NIN" - Neighbourhood Institutional Zone.

(2) NOTWITHSTANDING the provisions of Section 5.10, a privacy fence, having a minimum height of 1.6 metres, shall be provided and maintained along the easterly side lot line of Lot 19, Registered Plan W-54."


BY-LAW 200-1998 AMENDED BY BY-LAW 107-2008

Effective Date: November 9, 1998 Effective Date: October 20, 2008


All AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of those lands shown as “PROPERTY LOCATION 1” on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "HL" - Hazard Land Zone.


All AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of those lands shown as "PROPERTY LOCATION 2" and "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "CSC" - Commercial Shopping Centre Zone.


All AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of those lands shown as "PROPERTY LOCATION 4" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "CSC-H" - Commercial Shopping Centre Zone - Holding.

(4) NOTWITHSTANDING the provisions of Sections 4.75, 4.107, 4.115, 4.192, 5.13.9, 26.1, 26.2.3, 26.2.4, 26.2.5, 26.2.6, 26.2.7, 26.2.9, 26.2.10, and 26.2.11 of this By-law, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (3) of this paragraph, the following provisions shall apply:

a) DEFINITIONS

i) DISCOUNT DEPARTMENT STORE

Means a building or part thereof used for the retail sale of a wide variety of goods, wares, merchandise and services displayed or offered on a departmentalized basis and may include, as accessory uses, offices and warehousing, but does not include a food store, home and auto supply store, home improvement centre, home improvement related store, or warehouse membership club.

ii) FLOOR SPACE INDEX


B- 405 April 2009

B - 406 April 2009

iii) FOOD STORE

Means a retail business, with a minimum gross floor area of 275 square metres and a maximum gross floor area of 7,440 square metres, selling food and associated small household items.

iv) HOME AND AUTO SUPPLY STORE

Means a building or part thereof for the retail sale of vehicular parts, accessories, tools and supplies, including the sale of new and reconditioned auto parts, the repair of automotive vehicles and the sale of propane and gas, together with the retail sale of home needs, such as hardware, housewares, electrical supplies, decorating supplies, home entertainment equipment and seasonal uses including garden centres with an outdoor area for sales, but does not include a discount department store, home improvement centre, home improvement related store, retail store, or warehouse membership club.

v) HOME IMPROVEMENT CENTRE

Means a building or part thereof, having a gross floor area in excess of 6,500 square metres, for the sale of a full range of home maintenance and improvement products including merchandise typically found in hardware stores, home and auto supply stores, home decorating stores, and building supply stores, and may include the sale of services and rental or lease of tools, trucks and other vehicles, equipment or supplies relating to the enjoyment, improvement or decoration of the home or to the use of any of the goods sold in the store and the outdoor storage of materials sold on the lands, but does not include a discount department store, home and auto supply store, home improvement related store, retail store, or warehouse membership club.

vi) HOME IMPROVEMENT RELATED STORE

Means a building or part thereof in which home maintenance and improvement products are offered or kept for sale and includes lumber and building supply outlets, home improvement centres, paint and wallpaper stores, kitchen/bathroom outlets, plumbing and electrical supply facilities, carpet stores, drapery stores, craft stores, home accessory stores, and garden centres but does not include a discount department store, home and auto supply store, retail store, or warehouse membership club.

vii) LANDSCAPED OPEN SPACE

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation but shall not include: surfaced walkways (unless the surfaced walkway is bordered on both sides by vegetation having a minimum width of one metre), patios, retaining walls or any other similar features, or driveway or parking areas regardless of surface composition, roof-top terraces, or space within a building or structure. For greater certainty, vegetated or naturalized drainage channels and water quality ponds shall constitute landscaped open space.

viii) LOT

Means the lands and premises shown as "PROPERTY LOCATION 4" on EXHIBIT ONE to this paragraph, notwithstanding that the lands may be in more than one ownership.

B - 407 April 2009

ix) RETAIL STORE

Means a building or part thereof in which goods, wares, merchandise, substances, or articles are offered or kept for sale at retail, and includes a discount department store, but does not include a food store, home and auto supply store, home improvement centre, home improvement related store, or warehouse membership club.

x) WAREHOUSE MEMBERSHIP CLUB

Means a building or part thereof, with a minimum gross floor area of 7,440 square metres, in which goods, wares, merchandise, substances or articles, including food, are displayed, stored and sold in a warehouse format, and may include accessory retail and personal service uses, and the servicing of automobiles, including installation of automotive parts sold on the premises, tire installation, oil changes and the dispensing of fuel including propane, but does not include a discount department store, home and auto supply store, home improvement centre, home improvement related store, or retail store. A warehouse format means a configuration where the floor area devoted to sales is integrated with the storage of things sold and is accessible to patrons of the warehouse membership club.


b) Minimum Number of Parking Spaces Required: The total required parking spaces are to be provided as follows:

i) where a hotel forms part of the development, the parking regulations for a hotel apply to the hotel portion of the development;

ii) where a combination of a "home and auto supply store", "automotive gas bar" and "car wash" forms part of the development, one space for every 28.5 square metres of gross floor area is required; and

iii) one space for every 18.9 square metres of gross floor area for all other uses.

c) PERMITTED USES

- automotive gas bar - automotive service station - bank - beer store - car rental agency - car wash - commercial parking lot - community bake shop - community clinic - discount department store - drugstore - dry-cleaning depot - furniture showroom - home and auto supply store - home improvement centre - home improvement related store - hotel - laundromat - library - liquor store - movie theatre - neighbourhood bake shop

B - 408 April 2009

- neighbourhood clinic - personal service shop - place of amusement - restaurant - retail store - second-hand shop - shopping centre containing two or more uses permitted - in this Section - tavern - variety store - video rental shop - warehouse membership club or food store, but - not both uses at the same time


- outdoor sales area accessory to a permitted use in this Section Amended by B/L 107-2008

d) Minimum Yards: The minimum required yards are to be provided as follows:

i) 5.4 metres for the interior (west) side yard; and

ii) 15 metres for all other yards and with respect to the southernmost yard, nearest the Neebing-McIntyre Floodway, at least 9 metres of the minimum 15 metres shall be maintained as landscaped open space.

e) Maximum Height:

15.0 metres except that a maximum height of 30 metres is permitted for a hotel, movie theatre, and a place of amusement.

f) Maximum Floor Space Index:

A maximum Floor Space Index of 0.27 is permitted.


g) Maximum Gross Floor Area: Subject to clause f) hereof, the maximum gross floor area for all uses combined, is 53,615 square metres, provided however:

i) Subject to the provisions of clause (4) c) which permits warehouse membership club or food store, but not both uses at the same time:

(a) not more than 13,940 square metres, in total, of the maximum gross floor area shall be used for a warehouse membership club, of which there shall be only one; or

(b) not more than 7,440 square metres, in total, of the maximum gross floor area shall be used for a food store, of which there shall be only one;

ii) Not more than 12,080 square metres, in total, of the maximum gross floor area shall be used for a home improvement centre or combination of home improvement related stores;


iii) Not more than 10,695 square metres, in total, of the maximum gross floor area shall be used for a home and auto supply store, of which there shall be only one;

B - 409 April 2009

iv) Not more than 21,370 square metres, in total, of the maximum gross floor area shall be used for retail stores, of which not more than 11,620 square metres shall be used for a discount department store, of which there shall be only one;

v) Not more than 5,300 square metres, in total, of the maximum gross floor area shall be used for permitted uses other than those uses set out in subclauses i) to iv), inclusive;

vi) Not more than 25,640 square metres, in total, of the maximum gross floor area shall be in units of 1,860 square metres or less;

vii) Not more than 5,130 square metres, in total, of the maximum gross floor area shall be in units of 465 square metres or less, of which not more than 2,790 square metres, in total, shall be used for permitted uses other than restaurants.

h) Landscaped Open Space:

A minimum of 15% of the lot area shall be maintained as landscaped open space.

i) Lot Division:

The provisions of this By-law shall apply collectively to the lands described in subparagraph (3) of this paragraph, notwithstanding its division into two or more parcels of land.

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (3) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) PERMITTED USES

Buildings, structures and uses legally existing on the 19th day of October, 1998."

*NOTE: "H" - Symbol = site decommissioning, servicing plan, traffic study, lot grading and

drainage plan, storm water plan, sediment control plan. - By-law 62-2001 amends By-law 200-1998, Paragraph "569" - removes H-symbol - By-law 211-2001 amends by-law 200-1998, Paragraph "569" - removes H-symbol - By-law 64-2002 amends By-law 200-1998, Paragraph "569”, removes H-symbol - By-law 255-2003 amends By-law 200-1998, Paragraph "569", removes H-symbol - By-law 154-2004 amends By-law 200-1998, Paragraph "569", removes H-symbol BY-LAW 190-1998 Effective Date: November 9, 1998



FIRSTLY:

Part of Lot 282, Registered Plan W-42, and the closed portion of the Burr Street road allowance, and

SECONDLY:

Lots 316 to 319, Plan W-42, and the closed portion of the St. Paul Street road allowance,


(i) PERMITTED USES:

In addition to the uses listed in Section 32.1, funeral home is a permitted use."



"571 NOTWITHSTANDING the provisions of Sections 4.83 and 4.107 of this By-law, and in addition to all the other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Southeast Quarter of Section 50, being Parts 2, 4, 5, 7, 8, 9, 10, 11 and 12 on Reference Plan 55R-10872,


a) DEFINITIONS

(i) TECHNOLOGY CENTRE

Means a building or part thereof designed, intended or used for technology-based research, investigation, testing and/or experimentation and may also include associated administrative facilities, classrooms, meeting rooms and facilities for the manufacture and sale of related products.


Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped features, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.

(iii) GROSS FLOOR AREA

Means the aggregate area of all storeys, including a basement, measured from the exterior faces of the exterior walls.

b) PERMITTED USES

A technology centre is a permitted use.


In the case of a technology centre, a minimum of one parking space shall be provided and maintained for every 23.0 square metres of gross floor area

d) A minimum of 15% of the area of the lot shall be maintained as landscaped open space."


"572 NOTWITHSTANDING the provisions of Sections 5.12.4(a), 5.13.1(b), 5.13.1(d)(iv), 5.13.9(a), 15.2.1(a)(iii), and 15.2.6(b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


FIRSTLY:

Lots 258 to 261 inclusive, Registered Plan W-559, and

SECONDLY:

Lots 583 to 585 inclusive, Registered Plan W-42,



(a) The provisions of Sections 5.12.4(a), 5.13.1(b), 5.13.1(d)iv), 5.13.9(a), 15.2.1(a)(iii) and 15.2.6(b) shall continue to apply except in the case of the building existing on the 19th day of October, 1998, which shall be permitted to remain in its present position, in which case the following provisions shall apply:

(i) No loading space is required

(ii) Minimum width of a driveway for two-way traffic leading to a parking area

5.0 metres

(iii) Minimum aisle width for 90 degree angle parking

6.3 metres

(iv) Minimum number of parking spaces

15 spaces

(v) Minimum Lot Area

1300 square metres

(vi) Minimum Southerly Interior Side Yard

2.99 metres

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided such repair or restoration does not increase the height, size or volume of the said building."


"573 (1) NOTWITHSTANDING the zone designations thereof as shown on Zoning Maps 8-N and 8-0 of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being composed of Lots E and F, and Reserve for Road, Registered Plan W-89, and Part of the McVicar Farm and Part of the Road Allowance in Front Thereof, Township of Neebing Additional, Now in the City of Thunder Bay, in the District of Thunder Bay, being Parts 1 to 16, inclusive, on Reference Plan 55R-10173,


are hereby removed from the "HL" - Hazard Land Zone and the "RR" - Railway Zone and designated as part of the "OS" - Open Space Zone.

(2) In the case of the lands and premises described in subparagraph (1) of this paragraph, the provisions of Sections 5.20a and 40.2.1 of this By-law shall not apply."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots 1462, 1463 and 1464, Registered Plan M-40,



are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "RS - H" - Residential Suburban Zone - Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-L of this By-law, in the case of the lands and premises being more particularly described as follows, namely:



are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RS - H" - Residential Suburban Zone - Holding.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7-L of this By-law, in the case of the lands and premises being more particularly described as follows, namely:



are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "HL - H" - Hazard Land Zone - Holding.

(4) NOTWITHSTANDING the provisions of Sections 4, 5.5, 10.2.1(b)(ii), 10.2.2(b)(ii), 10.2.3, and 10.2.5 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1462, 1463 and 1464, Registered Plan M-40, more particularly described as Parts 1 to 4, Reference Plan 55R-10924, the following provisions shall apply:

(a) DEFINITIONS:

In addition to the definitions in Section 4 of this By-law, the following shall apply:

(i) NATURAL VEGETATED BUFFER

Means an area of land which is unoccupied by any buildings, structures, or landscape treatments, and which is composed of low or no-maintenance deeply rooted indigenous vegetation that provides good canopy coverage. It shall not include areas of grass that are mown or otherwise maintained.


26.0 metres

(c) Minimum Lot Area:



(d) Minimum Front Yard Setback:

6.0 metres

(e) Minimum Interior Side Yard:

The provisions of Section 10.2.5 shall continue to apply, except in the case of the lot described as Lot 1462 and a portion of Lot 1463, Registered Plan M-40, being Parts 3 and 4 on Reference Plan 55R-10924, in which case, the minimum northerly interior side yard shall be 1.5 metres and the minimum southerly interior side yard shall be 3.0 metres.

(f) No building or structure shall be located within the area shown as "Hazard Land Setback", on EXHIBIT TWO to and forming part of this paragraph.


A natural vegetated buffer shall be maintained in the area indicated on EXHIBIT THREE, to and forming part of this paragraph.


(c) The only uses and buildings permitted shall be those existing on the 8th day of December, 1997.

(d) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that the strengthening or restoration does not increase the height, size or volume of the said building.

(e) No new uses, buildings or structures are permitted.

(f) A natural vegetated buffer shall be required and maintained in the area indicated on EXHIBIT THREE, to and forming part of this paragraph."

*NOTE:

- "H' - SYMBOL = LOT GRADING AND DRAINAGE PLAN, SILT FENCE, IMPORTATION OF FILL

- BY-LAW 196-1999 AMENDS BY-LAW 208-1998 PARAGRAH "574", REMOVES "H" - SYMBOL


"575 NOTWITHSTANDING the provisions of Sections 4.82 and 6.2.2(b) of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location 24A, being Part 1 on Reference Plan 55R-6942,



a) DEFINITIONS

GREENHOUSE

Means a building or structure or portion thereof, not exceeding a total gross floor area of 300 square metres, where trees, shrubs and plants, including aquatic plants, are grown and/or sold; and which may also include an accessory office/retail store, not exceeding 15% of the gross floor area of the greenhouse.


The provisions of Section 6.2.2(b) shall continue to apply except that the minimum lot frontage required for a greenhouse, as defined in this paragraph, is 60.0 metres.

c) No outside storage accessory to a greenhouse, as defined in this paragraph, is permitted.

d) A single detached dwelling for the owner or essential caretaker is also permitted as a use accessory to a greenhouse, as defined in this paragraph."



ALL AND SINGULAR the certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 2 and 3, Registered Plan 801, and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,


(2) NOTWITHSTANDING the provisions of Sections 4.107, 4.215, 27.1, 27.2.7, and 27.2.10, or any other provision of this By-law to the contrary, in the case of the lands and premises described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the whole of Lots 5 and 6, Registered Plan 770, all as shown as "PROPERTY LOCATION 1" on EXHIBIT TWO to and forming part of this paragraph,


a) DEFINITIONS




Means an area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped features, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.


(iii) TAVERN

Means an establishment licensed under the Liquor Licence Act to sell alcoholic beverages, with or without prepared food.

b) Permitted Uses:

In addition to the uses listed in Section 27.1 of this By-law, retail store; office within a building containing another permitted use; sales and administration related to a radio or television transmitting station; and the uses, buildings and structures existing on the 14th day of December 1998; are permitted.

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings and structures.

c) Maximum Height:

12.5 metres

d) Maximum Floor Space Index:

0.27

e) Maximum Gross Floor Area:

The maximum gross floor area for all permitted uses combined, excluding hotel, motel, and office, and the uses existing on the 14th day of December 1998, shall be 2787.0 square metres.

The maximum gross floor area for all offices combined shall be 45% of the total built gross floor area, and the maximum gross floor area for each office shall be 300 square metres.

f) Minimum Landscaped Open Space:

15%

g) Buffering:

viii) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along:

(a) Each lot line abutting a Residential Zone.

(b) Each interior side and rear lot line of: Lots 1, 2 and 3, Registered Plan 801 where a residential use exists on the lots; and of parts of the southwest half of Lot 6, Registered Plan 770 shown as "PROPERTY LOCATION 2" on EXHIBIT TWO to and forming part of this paragraph, where a residential use exists on the parts.

ix) A privacy fence having a minimum height of 1.8 metres shall be provided and maintained along the lot line abutting Walkover Street, within 1.5 metres of the said lot line, except where a driveway is permitted in clause h) of this subparagraph.

h) Except for a driveway existing on the 14th day of December, 1998 for a non residential use and the driveways existing on the 14th day of December, 1998 for a residential use existing on the 14th day of December, 1998, no driveway shall be permitted from Walkover Street."



"577 NOTWITHSTANDING the provisions of Sections 4.107, 5.2.4(a), 5.13.9(b) relating to fraternal organization, 5.14.4(a), 27.1, 27.2.3, 27.2.4, and 27.2.10 of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 9, 10 and 11, Block 58, Registered Plan 121,

the following provisions shall apply to the main building existing on the 14th day of December, 1998 and any additions or extensions made thereto:

a) DEFINITIONS:

Landscaped Open Space

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other vegetation, and shall not include surfaced walkways and patios, retaining walls, and other hard landscaped feature or driveway or parking areas regardless of composition, roof-top terraces or space within a building or structure.

(b) The accessory building existing on the 14th day of December, 1998, shall be permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.


A minimum of 24 parking spaces shall be provided and maintained for a fraternal organization, to a maximum gross floor area of 540 square metres.

d) Landings, Stairs and Wheel Chair Ramps:

(i) Required Yard:

Landings, stairs and wheelchair ramps, including covered wheelchair ramps, may project into any required yard.

e) Permitted Uses:

In addition to the uses permitted in Section 27.1, a fraternal organization is a permitted use.

f) Minimum Front Yard:

4.0 metres

g) Minimum Exterior Side Yard:

5.0 metres

h) Buffering:

A chain link fence, having a minimum height of 1.2 metres and a maximum height of 1.6 metres shall be provided and maintained along the entire length of the rear lot line and along the southerly 16 metres of the interior side lot line.


i) Landscaped Open Space:

A minimum of 15% of the area of the lot shall be provided and maintained as landscaped open space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 40 and 41, Registered Plan WM-35, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Sections 4.107, 4.203, 5.10, 23.1 and 23.2.1 of this By-law or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street and lane allowances,


(a) DEFINITIONS

(i) Landscaped Open Space

Means an open area of land which is unoccupied by any buildings or structure, which is situated at grade level on a lot and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped feature, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.

(b) PERMITTED USES

i) The provisions of Section 23.1 of this By-law apply, except that automotive gas bar and automotive service station are not permitted uses.

ii) In the case of the building existing on the 16th day of November, 1998, a shopping centre shall be permitted to contain a maximum of two (2) permitted uses and a total maximum gross floor area of 110 square metres.

iii) A maximum of two (2) dwelling units are permitted within the building existing on the 16th day of November, 1998.

(c) MINIMUM LANDSCAPED OPEN SPACE

Except for the building existing on the 16th day of November, 1998, a minimum of 10% of the area of the lot shall be maintained as landscaped open space.


(d) BUFFERING

i) If the fence existing on the 16th day of November, 1998 along the westerly interior side lot line on the abutting westerly lot is removed, a privacy fence shall be provided and maintained along the westerly interior side lot line, having a minimum height of 1.6 metres from the rear lot line to a point 6.0 metres from the front lot line; and having a minimum height of 1.0 metres and a maximum height of 1.2 metres from the said point to the front lot line.

ii) A chain link fence, having a minimum height of 1.2 metres and a maximum height of 1.6 metres, shall be provided and maintained along the entire length of the rear lot line, except for the portion of the said lot line used for the entrance existing on the 16th day of November, 1998.

(e) The building existing on the 16th day of November, 1998, is permitted to remain in its present location.

(f) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size or volume of the said building."


"579 NOTWITHSTANDING the provisions of Sections 4.82, 5.13.9(a), 5.13.9(b), 9.1 and 9.2.6 of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 19, Registered Plan 371, being part 5 on Reference Plan 55R-8927,


(a) DEFINITIONS:

Greenhouse

Means the use of land or building or structure or portion thereof, not exceeding a gross floor area of 650 square metres, where trees, shrubs and plants are grown and may be offered for sale off the premises, and which use of land or building or structure does not provide access or sales to the general public.

(b) OFF-STREET PARKING REQUIREMENTS:

A minimum of two (2) parking spaces shall be provided and maintained for a greenhouse and a minimum of two (2) parking spaces shall be provided and maintained for a single-detached dwelling for the owner or essential caretaker of a greenhouse.

(c) PERMITTED USES:

In addition to the uses listed in Section 9.1 of this By-law, a greenhouse and a single-detached dwelling for the owner or essential caretaker of a greenhouse is permitted as one main use.


In the case of the greenhouse existing on the 19th day of October, 1998, the minimum rear yard shall be 3.0 metres.

No outside storage accessory to a greenhouse shall be permitted."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 7 and Lots 9 to 11, Town Plot Prince Arthur's Landing, and Lots 1 to 4 and Part of Lots 5 to 6, Registered Plan 227 and a portion of Manitou Street (closed) and portions of the abutting street allowances,


are hereby removed from the "RM2B" - Residential Multiple Medium Density Zone B and designated as part of the "CBD" - Central Business District Zone.

(2) NOTWITHSTANDING the provisions of Section 5.13.5 of this By-law or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1),excluding the abutting street allowances,


(a) For the building existing on the 15th day of February, 1999, a minimum of 49 parking spaces shall be provided and maintained for a maximum of 221 dwelling units."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Northeast Quarter of Section 54, being Part 9, P.A.R.- 103, except Part 3, Reference Plan 56R-747, and portions of the abutting street allowance, all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FI" - Future Industrial Zone and designated as part of the "PBP" - Prestige Business Park Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-K and 6-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Northeast Quarter of Section 54, being Part 9, P.A.R.- 103, except Part 3, Reference Plan 56R-747, and portions of the abutting street allowances, all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "FI" - Future Industrial Zone and designated as part of the "GBP" - General Business Park Zone."



"582 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-J, 8-I and 8-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of those lands shown on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1A-H" Residential One Unit Zone A - Holding, the "R2A-H" Residential Two Unit Zone - Holding, the "R1-H" Residential One Unit Zone - Holding and the "OS-H" Open Space Zone - Holding and designated as part of the"R1A-H" Residential One Unit Zone A - Holding, as amended by By-law 155-1997, "R1-H" Residential One Unit Zone - Holding and the "OS-H" Open Space Zone - Holding in the manner shown on EXHIBIT ONE to and forming part of this paragraph.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

PERMITTED USES:

Buildings, structures and uses legally existing on the 10th day of May, 1999."

NOTE:

- "H" - SYMBOL = PARKDALE COMMUNITY PLAN




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 139 and 140, Registered Plan WM-35 and portions of the abutting street and lane allowances,





ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 43 and 46, Block 8, Registered Plan W-219 and portions of the abutting street and lane allowances,


are hereby removed from the "OS" – Open Space Zone and designated as part of the "R1" - Residential One Unit Zone."



"585 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-I and 8-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 16 and 17, Registered Plan 55M-572, and Lots 11 to 13, 25 to 27, 33 to 35, 44 to 45 and 58 to 60, Registered Plan 55M-573 and portions of the abutting street allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "R1A" – Residential One Unit Zone A, as amended by By-law 155-1997."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 55, Registered Plan 55M-574 and portions of the abutting street allowances,


are hereby removed from the "R2A" - Residential Two Unit Zone A and designated as part of the "RM1" - Residential Multiple Low Density Zone."

(2) NOTWITHSTANDING the provisions of Section 14.2.4 of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1),


Minimum Front and Rear Yard:

The provisions of Section 14.2.4 shall continue to apply, except in the case of the building existing on the 19th day of April, 1999, in which case, the minimum rear yard to the deck shall be 5.7 metres."


"587 NOTWITHSTANDING the provisions of Sections 13.1 and 13.2.4 of this By-law or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots G and H, Registered Plan W-174,


a) DEFINITIONS



(i) Neighbourhood Community Centre

Means the use of land, building, or structure, for community activities of a social, cultural, recreational or philanthropic nature, that serves the needs of the adjacent neighbourhood, has a pedestrian orientation, and is operated on a non-profit basis, but does not include any use specifically defined in this By-law. A neighbourhood community centre shall have a maximum gross floor area of 270 square metres.

b) PERMITTED USES

The provisions of Section 13.1 of this By-law shall continue to apply, except in the case of the building existing on the 15th day of March, 1999, and any reconstructed front porches thereon, in which case a neighbourhood community centre shall be permitted. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.

c) Off-Street Parking Requirements:

A minimum of six (6) parking spaces shall be provided and maintained for a neighbourhood community centre located within the building existing on the 15th day of March, 1999, and any reconstructed front porches thereon.

d) Minimum Combined Front and Rear Yard:

The provisions of Section 13.2.4 shall continue to apply except in the case of the building existing on the 15th day of March, 1999, and any reconstructed front porches thereon, in which case a minimum combined front yard and rear yard of 15.0 metres shall be maintained, with a minimum front yard of 4.0 metres and a minimum rear yard of 6.0 metres.

e) Buffering:

For the building existing on the 15th day of March, 1999, and any reconstructed front porches theron, a privacy fence, having a minimum height of 1.6 metres, shall be provided and maintained along both interior side lot lines, from the rear lot line to a point 17.0 metres from the rear lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Southwest Quarter of Section 40, being Part 1, on Reference Plan 55R-9128 and a portion of the abutting street allowance, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RF1" - Residential Future Zone 1, the "HL" - Hazard Land Zone and the "MIN" - Major Institutional Zone and designated as part of the "R1-H" - Residential One Unit Zone - Holding, the "R1A-H" - Residential One Unit Zone A - Holding, the "OS" - Open Space Zone, and the "HL" - Hazard Land Zone, as shown on the said EXHIBIT ONE.

(2) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,



a) Hazard Lands:


(3) NOTWITHSTANDING any other provisions of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) Permitted Uses:

Buildings, structures and uses legally existing on the 7th day of June, 1999."

(4) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph,


a) Temporary Turning Circle:

Where a lot abuts a block of land which is held by the Corporation for the purpose of providing a temporary turning circle, and which is to be conveyed to the owner of the abutting lot when the street is extended, in accordance with the terms of the subdivision agreement, such block shall be deemed to form part of the abutting lot for the purpose of calculating the area, frontage, depth and coverage of such lot. The block shall also be deemed to form part of such lot for the purpose of establishing any required yards."

NOTE: - "H" - Symbol = enter into Subdivision Agreement (River Terrace - Stage 4) - By-law 28-2001 amends By-law 104-1999, Paragraph "588" removes "H" - Symbol - By-law 85-2003 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 155-2004 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 154-2005 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 48-2007 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 040-2008 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 014-2009 amends By-law 104-1999, Paragraph "588", removes H-symbol - By-law 090-2009amends By-law 104-1999 Paragraph “588” removes H-symbol



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Northeast Quarter of Section 52, and part of streets and lanes in Registered Plan 447 and portions of the abutting street allowances,


are hereby removed from the "HI" - Heavy Industrial Zone and designated as part of the "GC2-H" – General Commercial Zone 2 - Holding.

(2) NOTWITHSTANDING the provisions of Sections 4.107 and 25.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street allowances,



a) DEFINITIONS:

(i) Floor Space Index


(ii) Landscaped Open Space

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation and shall not include surfaced walkways and patios, retaining walls or any other hard landscaping features, or driveway or parking areas regardless of composition, roof-top terraces, or space within a building or structure.

b) PERMITTED USES

The provisions of Section 25.1 of this By-law shall continue to apply, except that food store, office and dwelling units combined with a non-residential use shall not be permitted.

c) A maximum Floor Space Index of 0.27 is permitted.

d) A minimum of 15% of the area of the lot shall be provided and maintained as landscaped open space.

e) No vehicular access to 11th Avenue is permitted.


(a) The only uses and buildings permitted shall be those existing on the 21st day of June, 1999.

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that the strengthening or restoration does not increase the height, size or volume of the said building.


*NOTE:

"H" - Symbol = site decommissioning and record of site condition By-law 284-2003 amends By-law 120-1999, Paragraph "589", removes H-symbol



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 109, 110 and the easterly portion of Lot 111, Registered Plan W-764 and portions of the abutting street and lane allowances,




(2) NOTWITHSTANDING the provisions of Sections 4.107, 4.203 and 23.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street and lane allowances,


a) DEFINITIONS

(i) Accounting Office

Means a building or part thereof used for the carrying on of the professional practice of not more than three (3) accountants and without limiting the generality of the foregoing, may include auditing, accounting and bookkeeping services.

(ii) Financial Services Office

Means a building or part thereof used for the carrying on of a business providing financial advice and without limiting the generality of the foregoing may include financial planning services.

(iii) Insurance Agency

Means a building or part thereof used for the carrying on of an insurance business and without limiting the generality of the foregoing may include the selling of insurance, insurance appraisal services and claim adjusters.

(iv) Landscaped Open Space

Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees, and other vegetation, and shall not include surfaced walkways and patios, retaining walls, any other hard landscaped feature, or driveway or parking area regardless of composition, roof-top terrace or space within a building or structure.

(v) Law Office

Means a building or part thereof used for the carrying on of the professional practice of not more than three (3) lawyers.

(vi) Travel Agency

Means a building or part thereof used for the carrying on of a business providing travel information and arranging tours, accommodations and transportation for travellers.

(vii) Business Forms Office

Means a building or part thereof used for the carrying on of a business providing for the distribution and sales of business forms.


b) PERMITTED USES

i) The provisions of Section 23.1 of this By-law shall apply except that automotive gas bar, automotive service station and laundromat are not permitted uses; and accounting office, financial services office, insurance agency, law office and travel agency are permitted uses. A business forms office may also be permitted within the building existing the 16th day of November 1998.

ii) In the case of the building existing on the 16th day of November, 1998, a shopping centre shall be limited to a maximum of two permitted commercial establishments.

c) MINIMUM LANDSCAPED OPEN SPACE

Except for the building existing on the 16th day of November, 1998, a minimum of 10% of the area of the lot shall be provided and maintained as landscaped open space.

d) The building existing on the 16th day of November, 1998, is permitted to remain in its present location.

e) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such strengthening or restoration does not increase the height, size or volume of the said building."


"591 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Waverley Park Reserve C, Plan of Prince Arthur's Landing, being Part 1 on 55R-2409,and portions of the abutting street allowances,


are hereby removed from the "MIN" – Major Institutional Zone and designated as part of the "OS" – Open Space Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.6.2 d), 5.12.4 b), 5.13.9, and 40.2.6 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street allowances,


(i) Maximum Height:

The provisions of Sections 5.6.2 d) and 40.2.6 shall continue to apply except in the case of an "Institution of Culture", for which the maximum height is 20 metres.

(ii) Number of Loading Spaces Required:

The provisions of Section 5.12.4 b) shall continue to apply except in the case of an "Institution of Culture" having up to and including 10,000 square metres of gross floor area, for which a minimum of one loading space is required.


(iii) Number of Parking Spaces Required:

The provisions of Section 5.13.9 shall continue to apply except in the case of an "Institution of Culture", for which a minimum of twenty-eight (28) parking spaces is required."


"592 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location R-3, being Parts 4 and 5, Reference Plan 55R-11255, and parts of the abutting street allowance,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and are designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 4.107, 5.13.4, 15.2.2, 15.2.9, 15.2.10, 15.2.11, and 15.2.13 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street allowances,


a) DEFINITIONS:


Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other vegetation, and may be used for stormwater infiltration, but shall not include surfaced walkways, patios, retaining walls, or any other hard landscaped features, or driveway or parking area regardless of composition, rooftop terraces, or space within a building or structure.


b) Maximum Number of Main Uses Per Lot:

Only one main use is permitted per lot. The said main use shall consist of either:

i) one apartment building with a maximum of 38 dwelling units and one retirement residence with a maximum of 69 private bedroom/living units; or

ii) a maximum of 26 townhouse units in the aggregate and one apartment building containing a maximum of 44 units.


36 metres

Maximum Height:

i) apartment dwelling: 15 metres

ii) group townhouse dwelling: 12.5 metres


Minimum Rear Yard:

6.8 metres

Minimum Width of Covered Parking Spaces:

2.8 metres, provided that supporting columns shall be permitted to project into the parking spaces by a maximum of .275 metres, provided that the columns are no larger than .525 metres wide by .525 metres long, and provided that the columns are no more than 1.2 metres from the rear of the parking space, or .275 metres from the front of the parking space.


A minimum of 30% of the area of the lot shall be provided and maintained as landscaped open space.

(3) NOTWITHSTANDING the provisions of Section (2) (e) of paragraph 474 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location R-3, being Parts 1, 2 and 3, Reference Plan 55R-11255,

all shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph,


BUFFERING:

A buffer strip, having a minimum width of 1.6 metres, shall be provided along the north-west property boundary, adjacent to the existing Hydro right-of-way."


(4) NOTWITHSTANDING the provisions of Sections 5.2.4(a), 5.2.4(h), 5.14.3(a) and 15.2.10(a) of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph,

the following provisions shall apply to a retirement residence:

(a) Accessory Uses:

i) Location:

The provisions of Section 5.2.4(a) shall continue to apply except in the case of building or structure, including a gazebo, accessory to a retirement residence. The said accessory building or structure shall be permitted to project into the required southerly interior side yard a maximum distance of 1.5 metres.

ii) Separation Distance:

The provisions of Section 5.2.4(h) shall continue to apply except in the case of a building or structure, including a gazebo, accessory to a retirement residence. There shall be no separation distance required between said accessory building or structure and the main building/deck located on the same lot.


(b) Permitted Yard Encroachments:

i) Deck - Required Yard:

The provisions of Section 5.14.3(a) shall continue to apply except in the case of a retirement residence, in which case a deck is permitted to project into the required southerly interior side yard a maximum distance of 1.5 metres and is permitted to have a floor not more than 2.0 metres above finished grade.

(c) Maximum Height for a Retirement Residence:

15.0 metres.


"594 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-I and 8-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 3 to 5, 17 to 18 and 22 to 23, Registered Plan 55M-592 and portions of the abutting street allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "R1A" – Residential One Unit Zone A, as amended by By-law 155-1997."


"595 NOTWITHSTANDING the provisions of Sections 4.107, 5.13.9, 23.1, and 23.2.11 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the easterly 66 feet of Lot 26, south side Brock Street, Town Plot, City of Thunder Bay



a) DEFINITIONS

(i) Dog Training School

Means a building or part thereof used for the carrying on of a business providing instruction in dog obedience, agility, flyball, and confirmation, for a maximum of twenty (20) dogs at any time, and may include accessory retail sales of pet supplies and an accessory office.


Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other vegetation, but shall not include surfaced walkways, patios, retaining walls, or any other hard landscaped features, or driveway or parking area regardless of composition, rooftop terraces, or space within a building or structure.


b) PERMITTED USES

The provisions of Section 23.1 shall continue to apply, except in the case of the building existing on the 15th day of November, 1999, in which case said building shall be permitted to contain a dog training school, with accessory office and accessory retail sales of pet supplies, in addition to the uses listed in Section 23.1 of the By-law.

c) MAXIMUM GROSS FLOOR AREA

i) Office accessory to a dog training school shall be limited to a maximum gross floor area of 11 square metres.

ii) Retail sale of pet supplies accessory to a dog training school shall be limited to a maximum gross floor area of 102 square metres.

d) MINIMUM LANDSCAPED OPEN SPACE

A minimum of 10% of the lot area shall be provided and maintained as landscaped open space, except in the case of the building existing on the 15th day of November, 1999, for which a minimum of 5% of the lot area shall be provided and maintained as landscaped open space.

e) NUMBER OF PARKING SPACES REQUIRED

The provisions of Section 5.13.9 shall continue to apply except in the case of a "Dog Training School", for which a minimum of sixteen (16) parking spaces is required. No parking shall be permitted within nine (9) metres of the intersection of Brock and Tarbutt Streets.

f) EXISTING BUILDING

Notwithstanding any provision of this By-law to the contrary, the building existing on the 15th day of November, 1999, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size, or volume of the said building.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 334 to 337, Registered Plan W-379, and portions of the abutting street and lane allowances,


are hereby removed from the "FD" - Future Development Zone and the "R1" - Residential One Unit Zone and designated as part of the "R1A" - Residential One Unit Zone A."


"597 NOTWITHSTANDING the provisions of Sections 4.227,11.1 and 11.2.9 of this By-law, or any other provision of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely;

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Registered Plan M-423, the following provisions shall apply:


a) DEFINITIONS

i) Neighbourhood Postal Outlet

Means a retail store which sells stamps and related postal supplies, and provides associated postal service.

ii) Variety Store

Means a retail business with a maximum gross floor area of 275.0 square metres selling food and associated small household items and which may include the sale of prepared foods for consumption off the premises, provided the gross floor area devoted to such prepared foods does not exceed 10.0 square metres. A maximum of two video, electronic or pinball arcade machines available for public use may be permitted, provided said machines are accessory to a variety store. A restaurant is also permitted as an accessory use, provided that the gross floor area of the restaurant does not exceed 20% of the gross floor area of the variety store existing on the 12th day of July, 1999.

b) PERMITTED USES

In addition to the uses permitted in Section 11.1, the following additional uses are permitted:

- personal service shop; - variety store; - neighbourhood postal outlet; - shopping centre containing two or more permitted uses; - a maximum of two dwelling units contained within the building existing on the

12th day of July, 1999; and - automotive sales establishment, limited to a maximum of 10 vehicles

c) Buffering

i) If the fence existing on the 12th day of July, 1999 along the rear lot line is removed, a privacy fence shall be provided and maintained along said lot line, having a minimum height of 1.6 metres from the interior side lot line to a point 6.0 metres from the exterior side lot line; and having a minimum height of 0.75 metres and a maximum height of 1.0 metre from the said point to the exterior side lot line.

ii) A privacy fence shall be constructed and maintained along the interior side lot line, having a minimum height of 1.6 metres from the rear lot line to a point 9.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to a point 0.3 metres from the front lot line. No privacy fence shall be required from a point 0.3 metres from the front lot line to the front lot line."


"598 NOTWITHSTANDING the provisions of Sections 4, 5.2, 5.13.9, 23.1, 23.2.5, 23.2.7, 23.2.9 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 58 to 63, Registered Plan 230, including lanes and portions of the abutting street allowances,



the following provisions shall apply to the two main buildings existing on the 21st day of February, 2000:

a) DEFINITIONS


(i) Lot

Means Lots 58 to 63, Registered Plan 230, including lanes and any portions of the abutting Balsam Street and Antonisen Avenue street allowances which may be leased from time to time.

(ii) Food Store

Means a retail business, with a maximum gross floor area of 455 square metres, selling food and associated household items. The said maximum gross floor area includes a reconstructed entrance with a maximum gross floor area of 16 square metres and a stairwell with a maximum gross floor area of 15 square metres. A food store may also include a seasonal greenhouse, limited to an additional maximum gross floor area of 233 square metres, where trees, shrubs or plants are sold.

(iii) Shopping Centre

Means a maximum of two non-residential uses permitted in the Zone and a maximum of 4 dwelling units, conceived, designed, developed and managed as an interdependent and interrelated unit, whether by a single owner or tenant or by a group of owners and tenants acting in collaboration.

(iv) Lot Line, Front

The front lot line shall be the lot line abutting River Street.

(v) Retail Store

Means a building or structure or part thereof, limited to a maximum gross floor area of 208 square metres, in which goods, wares, merchandise, substances or articles are offered or kept for sale at retail.

b) Off-Street Parking Requirements

A minimum of 33 parking spaces shall be provided and maintained, in accordance with the minimum requirements of the Zoning By-law.

c) PERMITTED USES

In addition to the uses listed in Section 23.1 of this By-law, food store and retail store are also permitted uses.

d) Restoration and/or Repair

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings, other than the extensions specifically permitted in (a)(ii) of this paragraph, provided such strengthening or restoration does not increase the height, size or volume of the said buildings.

e) Accessory Uses

One storage shed, having a maximum gross floor area of 28 square metres, is permitted. The said storage shed may project into a required rear yard a maximum of 4.5 metres.


f) Special Regulations for Seasonal Greenhouse

i) A seasonal greenhouse is permitted only between April 1 and August 1 each year.

ii) The seasonal greenhouse and any outside storage of goods and products related to the seasonal greenhouse shall be removed from the property on or before August 1 in each year.

iii) For a seasonal greenhouse only, the minimum rear yard is 0.6 metres.

iv) For a seasonal greenhouse only, the minimum exterior side yard is 6.5 metres."

BY-LAW 41-2000 Repealed by By-law 171-2002

Effective Date: March 27, 2000 Effective Date: July 27, 2002

"599



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 6 to 12 and Lot 33, Registered Plan 783, and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone, and designated as part of the "CIN" - Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Section 5.13.9b) and Section 38.2.9 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


(a) NUMBER OF PARKING SPACES REQUIRED:

The provisions of Section 5.13.9b) shall continue to apply except in the case of a "Nursing Home", for which a minimum of one space for every two beds is required.

(b) BUFFERING:

The provisions of Section 38.2.9 shall continue to apply except in the case of the westerly interior side lot line, in which case a privacy fence or a buffer strip shall not be required."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 13, E/S Pine Street, Registered Plan 157, being more particularly described as Parts 1, 2 and 3 on Reference Plan 55R-11328 and portions of the abutting street allowances,



are hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as part of the "R1A" – Residential One Unit Zone A.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 13, E/S Pine Street, Registered Plan 157, being more particularly described as Parts 4 and 5 on Reference Plan 55R-11328 and a portion of the abutting street allowance,


are hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as part of the "R2" – Residential One and Two Unit Zone.

(3) NOTWITHSTANDING the provisions of Sections 12A.2.3, 12A.2.4, 12A.2.5, 13.2.3 and 13.2.4 of this By-law or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraphs (1) and (2), excluding the street allowances,


(a) Minimum Lot Depth:

26.0 metres

(b) Minimum Front and Rear Yard:

i) For the "R2" – Residential One and Two Unit Zone, a minimum combined front and rear yard of 12.0 metres shall be maintained, provided however that a minimum front yard of 6.0 metres and a minimum rear yard of 6.0 metres shall be required.

ii) For the "R1A" – Residential One Unit Zone A, a minimum combined front and rear yard of 13.0 metres shall be maintained, provided however that a minimum front yard of 7.0 metres and a minimum rear yard of 6.0 metres shall be required.


The provisions of Section 12A.2.5(b) shall continue to apply, provided however that a minimum southerly interior side yard of 3.0 metres and a minimum northerly interior side yard of 1.5 metres shall be required on the lands described as Part 3 on Reference Plan 55R-11328."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 237, 238 and 239, Registered Plan 42 save and except the north ten (10) feet of each of the said lots taken for a lane by The Corporation of the City of Fort William by By-law No. 1043, and including portions of the abutting street and lane allowances,



are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "GC1" - General Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Sections 4 and 24.2.8 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


a) DEFINITIONS


(i) Floor Space Index




(iii) Community Bake Shop

In the case of the building existing on the 15th day of May, 2000, a community bake shop shall be defined to mean a retail store which sells baked goods which may be made on or off the premises and which may be consumed on or off the premises and which does not exceed a gross floor area of 220 square metres and shall not include a Bakery.

(b) A maximum Floor Space Index of 0.27 is permitted.

(c) A minimum of 10% of the area of the lot shall be provided and maintained as landscaped open space.

(d) Buffering

i) A privacy fence, having a minimum height of 1.6 metres, shall be provided and maintained along the entire length of the rear lot line.

ii) A privacy fence shall be provided and maintained along the (easterly) interior side lot line. The said fence shall have a minimum height of 1.6 metres from the rear lot line to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to the front lot line.

(e) A basement is not permitted in any building or structure."




ALL AND SINGULAR that certain parcel or tract of lands and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Bed of the McIntyre River adjacent to Section 52 being Part of Water Lot Location TW-178 and Part of the Southeast Subdivision of Section 52, all designated as Parts 1, 2, 3, and 4 Plan 55R-11323 (referred to in this Paragraph as "the Subject Lands"), all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "HI" – Heavy Industrial Zone and designated as part of the "CSC-H" – Commercial Shopping Centre Zone – Holding.


(a) For all purposes of this By-law, the Subject Lands shall be deemed to be part of the lands governed by Paragraph 569 of this Schedule in the same manner and to the same extent as if sub-paragraph (3) and clause (4) a) viii) of the said Paragraph 569 had specifically described and included the Subject Lands in addition to the lands described therein."

**NOTE: Site decommissioning, servicing plan, traffic study, lot grading and drainage plan, stormwater plan, sediment control plan

- By-law 211-2001 amends by-law 99-2000, Paragraph "603" - removes H-symbol


- By-law 255-2003 amends by-law 99-2000, Paragraph “603” – removes H-symbol



"604 NOTWITHSTANDING the provisions of Sections 4.11 and 5.13.9 of this By-law or any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 8, Block 59, Registered Plan 121,


a) DEFINITIONS

(i) AUTOMOTIVE SALES ESTABLISHMENT

The provisions of Section 4.11 of this By-law shall continue to apply except in the case of the buildings existing on the 17th day of January, 2000, in which case "automotive sales establishment" shall be defined to mean "the use of land or building or structure for the display, sale, leasing or renting of a maximum of three (3) new or used motor vehicles, travel trailers, trailers, boats, mobile homes or recreational vehicles at any one time, which are to be offered for sale, lease or rental by appointment only, and which includes one dwelling unit for the owner, caretaker or essential worker. There shall be no automotive service, maintenance or repair of vehicles. There shall be no sale of parts, accessories and related products. Preparation of the vehicles to be offered for sale shall be limited to cleaning and minor servicing."


(ii) FLOOR SPACE INDEX


(iii) LANDSCAPED OPEN SPACE


b) Notwithstanding any provision of this By-law to the contrary, the two buildings existing on the 17th day of January, 2000 shall be permitted to remain in their present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings, provided such strengthening or restoration does not increase the height, size or volume of the said buildings, except in the case of the accessory building existing on the 17th day of January, 2000, which shall be permitted to have a maximum height of 7.0 metres

c) Off-Street Parking Requirements

i) A minimum of 4 parking spaces, exclusive of vehicle display spaces, shall be provided and maintained for the automotive sales establishment as described in subparagraph (a)(i) above.

ii) No required parking spaces and no vehicle display spaces or any portion thereof shall be permitted on the Cumberland Street road allowance.

iii) Tandem parking spaces shall be permitted.

(d) Except in the case of the two buildings existing on the 17th day of January, 2000, a maximum Floor Space Index of 0.27 is permitted.

(e) Except in the case of the two buildings existing on the 17th day of January, 2000, a minimum of 15% of the lot area shall be maintained as landscaped open space."


"605 (1) NOTWITHSTANDING the provisions of Section 6.2.2 b) of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the Whole of the East Half of the East Half of the West Half of Section 46, less the right-of-way of the Grand Trunk Railway SAVING AND EXCEPTING Part of the East Half of the East Half of the West Half of Section 46, designated as Parts 1 and 2, Reference Plan 55R-11151,


(a) Minimum Lot Frontage:

57.0 metres

(b) The existing barn at 3304 Oliver Road shall not be used for the feeding, raising, or breeding of livestock.

(2) Notwithstanding the provisions of Sections 6.2.1 a), 6.2.8 a), and 6.2.8 b)(i) of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder, and being composed of Part of the East Half of the East Half of the West Half of Section 46, designated as Parts 1 and 2, Reference Plan 55R-11151,



0.8 hectares

b) Maximum Number of Main Uses and Main Buildings Per Lot:

The provisions of Sections 6.2.8 a) and 6.2.8 b) (i) shall continue to apply, except in the case of the three (3) main buildings and three (3) main uses [two (2) single detached dwellings and one dwelling containing two (2) dwelling units] existing on the 15th day of May, 2000, which are permitted uses in their present locations.

c) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the main buildings existing on the 15th day of May, 2000 provided such repair or restoration does not increase the height, size or volume of the said buildings."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the West 3.048 metres of Lot 18, and Lots 19 to 21, Block P, Plan 196, and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "R1" - Residential One Unit Zone, and designated as part of the "CIN" - Community Institutional Zone.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the West 3.048 metres of Lot 18, and Lots 19 to 23, Block P, Plan 196, all shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this paragraph,


EXISTING BUILDINGS

The buildings existing on the 19th day of June, 2000, are permitted to remain in their present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the buildings municipally known as 715 Gore Street West, provided that such strengthening or restoration does not increase the height, size, or volume of the said buildings. In the case of the buildings municipally known as 721 Gore Street West an extension or addition or strengthening to a safe condition is permitted provided such extension, addition or strengthening does not further contravene any of the regulations of this By-law.

(3) NOTWITHSTANDING the provisions of Section 38.1 and 38.2.8 of this By-law, in the case of the lands and premises more particularly described in subparagraph (2) of this paragraph,



(a) PERMITTED USES:

The provisions of Section 38.1 of this By-law shall continue to apply and in addition, one dwelling unit shall be permitted in the building existing on the 19th day of June, 2000, municipally known as 715 Gore Street West.

(b) MAXIMUM NUMBER OF MAIN USES AND MAIN BUILDINGS PER LOT

Two main uses and two main buildings are permitted as long as the single detached dwelling municipally known as 715 Gore Street West remains on the property. Thereafter, only one main use and one main building is permitted."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portion of the South West Quarter of Section 3,


are hereby removed from the "EI" - Extractive Industrial Zone and designated as part of the "RU" - Rural Area Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 1-L and 1-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of a portion of the South West Quarter of Section 3,

All shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RU" - Rural Area Zone and designated as part of the "HL" - Hazard Land Zone."


"608 NOTWITHSTANDING the provisions of Section 5.2.4 d) (ii), 5.2.4 h) and 5.21.1 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:



a) Existing Accessory Buildings (Pool Pump Shed and Storage Shed)

The provisions of Sections 5.2.4 d) (ii), 5.2.4 h) and 5.21.1 shall continue to apply, except in the case of the accessory pool pump building and the accessory storage building existing on the 17th day of July, 2000, which shall be permitted to remain in their present locations.


b) Strengthening or Restoration

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said accessory buildings, provided such strengthening or restoration does not increase the height, size or volume of the said accessory buildings."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 15, Registered Plan 55M-579,

all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "HL" – Hazard Land Zone and designated as part of the "RS" – Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 11-H of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 15, Registered Plan 55M-579,

all shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "RS" – Residential Suburban Zone and designated as part of the "HL" – Hazard Land Zone."


"610 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-K, 6-L, 7-K and 7-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Section 54,


are hereby removed from the "LIP" - Light Industrial Park Zone and designated as part of the "PBP" - Prestige Business Park Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6-K, 6-L, 7-K and 7-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Section 54,


are hereby removed from the "LIP" - Light Industrial Park Zone and designated as part of the "GBP" - General Business Park Zone.


(3) Notwithstanding the provisions of Sections 4, 5.13.9 and 46.2 of this By-law or any other provision to the contrary, the following provisions shall apply:

(a) PERMITTED USES:

The provisions of Section 46.2 of this By-law shall continue to apply, except in the case of the lots shown as "PROPERTY LOCATION" on "EXHIBIT TWO" to and forming part of this By-law, in which case "call centre" is a permitted use in addition to the uses listed in Section 46.2.

(b) DEFINITIONS:

(i) CALL CENTRE

Means an office which functions primarily as a centre for processing large volumes of incoming and/or outgoing telephone calls and/or electronic/computer transactions, having a minimum gross floor area of 1,000 square metres.

(c) OFF-STREET PARKING REQUIREMENTS:

The provisions of Section 5.13.9 shall continue to apply, except in the case of a "call centre", in which case a minimum of one parking space shall be required for every 23.0 square metres of gross floor area."

BY-LAW 4-2001 Amended by By-law 171-2002 Amended by By-law 34-2003

Effective Date: January 9, 2001 Effective Date: July 22, 2002 Effective Date February 24, 2003

"611 NOTWITHSTANDING the provisions of Section 27.1 of this By-law or any provisions of this By-law to the contrary, and in addition to all the other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 625 to 636, Registered Plan M-88,


1. PERMITTED USES

(a) Repealed by By-law 171-2002

(b) Notwithstanding clause 1. a) of this paragraph, in the case of the building existing on the 24th day of February, 2003, only the following are permitted uses:

- beer store

- drugstore

- cleaning depot

- neighbourhood bake shop

- neighbourhood clinic

- office legally existing on the effective date of this By-law which may include extensions or additions thereto

- paint, glass and wallpaper stores

- place of amusement

- retail store


- shopping centre containing two or more permitted uses

- variety store

- veterinary clinic

- video rental shop

- buildings, structures or uses accessory to one or more of these permitted uses

(c) DEFINITION

i) Place of Amusement

Means a billiard or poolroom, which may also include an accessory restaurant.

(d) Within the building existing on the 24th day of February, 2003, a place of amusement shall be limited to a maximum occupancy of 70 persons and shall have a minimum gross floor area of 650 square metres.

2. Repealed by By-law 171-2002




"612 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 9M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 6, West Part of Lot 5 and East Part of Lot 7, North Side Mary Street, Town Plot and portions of the abutting street allowance,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the " R1A" – Residential One Unit Zone A."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 8, Registered Plan 131, and portions of the abutting street and lane allowances,


are hereby removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "CIN" - Community Institutional Zone.

(2) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding a portion of the abutting street allowance,



(a) A parking lot accessory to a use permitted in the "CIN" Zone is the only permitted use.

(b) Parking spaces shall be permitted to exit directly to a lane.

(c) A privacy fence shall be constructed and maintained along a portion of the southerly limits of the lands described in subparagraph (1) of this paragraph, excluding a portion of the abutting lane. The required fence shall have a minimum height of 1.6 metres commencing at a point 0.66 metres from the front lot line to a point 0.3 metres from the rear lot line.

(d) Notwithstanding the provisions of Section 5.13.4(c) of this By-law, where the side of a parking space abuts a fence, the minimum width of said parking space shall be 2.8 metres."


"614 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8I, 9H and 9I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parts 11 to 59 inclusive and a portion of Parts 6 and 60, Reference Plan 55R-8790,


are hereby removed from the "AIR" Airport Zone and designated as part of the "AIR-H" Airport Zone - Holding.

(2) NOTWITHSTANDING the provisions of Sections 4 and 41.1 of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) Definitions


(i) Laboratory

Means the use of premises not providing services directly to the public for the provision of analytical, research or testing services, including biotechnologies, and energy and environmental technologies. Biotechnologies may include life sciences, biopharmaceuticals and medical devices. Energy and environmental technologies may include batteries and fuel cells, and mining and forestry technology.

(b) Permitted Uses

In addition to the uses listed in Section 41.1, service shop, light industrial use, industrial centre, truck depot, bus depot, automotive service station, warehouse, retail warehouse, wholesale store, welding shop and laboratory are permitted uses.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, the following provisions shall apply:


(a) Setback

The minimum setback for all buildings and structures from the lot line abutting Highway 61 shall be 15 metres.

(4) NOTWITHSTANDING any other provisions of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) Permitted Uses:

Buildings, structures and uses legally existing on the 11th day of December, 2000, in addition to the uses listed in Section 41.1 of this By-law in effect on the 11th day of December, 2000.

(5) NOTWITHSTANDING the provisions of Section 41.1 of this By-law, in the case of the main Airport Terminal Building municipally known as 100 Princess Street which actually existed on the 11th day of December, 2000, the following provisions shall apply:

(a) Permitted Uses:

In addition to the uses listed in Section 41.1, office, private club, commercial school and fraternal organization are permitted uses."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 9 to 12, Block 8, Registered Plan 8 and portions of the abutting street and lane allowances,


are hereby removed from the “R2” – Residential One and Two Unit Zone and designated as part of the “RM2A” – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 15.2.1, 15.2.3, 15.2.4, 15.2.9, 15.2.10 and 15.2.12 of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the street and lane allowances,


a) Minimum Lot Area

The provisions of Section 15.2.1 shall continue to apply, except in the case of a group townhouse and a street townhouse, in which case the following provisions shall apply:

i) Group Townhouse containing a maximum of 5 dwelling units:

1,090 square metres


ii) Street Townhouse:

180.0 square metres for each interior unit

225.0 square metres for each exterior unit

b) Minimum Lot Depth


iii) Group Townhouse: 30.0 metres

iv) Street Townhouse: 28.6 metres



i) Group Townhouse: 3.0 metres

ii) Street Townhouse: 7.5 metres

d) Minimum Rear Yard



iii) Group Townhouse: 3.0 metres

iv) Street Townhouse: 6.4 metres

e) Maximum Height


i) Group Townhouse: 7.0 metres

ii) Street Townhouse: 7.0 metres



i) Group Townhouse: 41%

ii) Street Townhouse:

Exterior Unit – 38%

Interior Unit – 43%."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 496 to 502 (inclusive), Registered Plan M-31, and portions of the abutting street allowances,


are hereby removed from the "OS" – Open Space Zone and designated as part of the "R1" – Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 12.2.2 of this By-law, in the case of the lands and premises being more particularly described as Lot 496 and a portion of Lot 497, Registered Plan M-31,

all shown as "PROPERTY LOCATION" on EXHIBIT TWO to and forming part of this By-law,


a) MINIMUM LOT FRONTAGE

13.0 metres."


"617 NOTWITHSTANDING the provisions of Section 9.2.1 of this By-law, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and Province of Ontario, and being composed of Lot 1, Registered Plan 757,


Minimum Lot Area:

8000 square metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1482, 1486 and 1487, Registered Plan M-40 and a portion of the abutting street allowance,




(2) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the provisions of Section 5.5 of this By-law shall not apply."


"619 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-P of this By-law, the lands and premises being more particularly described as follows, namely

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 1 and 11, Registered Plan 115, more particularly described as Part 3, Reference Plan 55R-10736, and a portion of the abutting street allowance,


are hereby removed from the "RM1" – Residential Multiple Low Density Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 15.2.1, 15.2.6, 15.2.9 and 15.2.10 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding the street allowance,



The provisions of Section 15.2.1 shall continue to apply, except in the case of an apartment dwelling containing six (6) dwelling units, in which case the minimum lot area is 750 square metres.


2.9 metres

c) Minimum Rear Yard:

6.0 metres

d) Maximum Height:

11.0 metres."


"620 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 12, Concession IV, N.K.R., including Part 1 on Reference Plan 55R-1187 and Part 1 on Reference Plan 55R-8149, and portions of the abutting street allowances,


are hereby removed from the "RS" – Residential Suburban Zone and the "HL" - Hazard Land Zone and designated as part of the "GC2" – General Commercial Zone 2 and the "HL" - Hazard Land Zone as shown on the said Exhibit One.


(2) NOTWITHSTANDING the provisions of Sections 4.115, 4.192, 25.1, 25.2.4 and 25.2.10 of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises described in subparagraph (1) of this paragraph,


a) DEFINITIONS:

(i) Lot

Means the lands shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, excluding portions of the abutting street allowances, notwithstanding that these lands may be in more than one ownership.

(ii) Retail Store

Means the use of land, or building, or structure or part thereof in which goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Without limiting the generality of the foregoing, a retail store may also include an indoor garden centre, an outdoor garden centre, the retail sale of propane and an automotive service centre.

(iii) Natural Vegetated Buffer

Means an area of land which is unoccupied by any buildings, structures, or landscape treatments, and which is composed of low or no-maintenance deeply rooted indigenous vegetation that provides good canopy cover. It shall not include areas of grass that are mown or otherwise maintained.

b) PERMITTED USES

The provisions of Section 25.1 continue to apply except that "office" is not a permitted main use and "retail store" as defined herein is also a permitted use

c) Minimum Exterior Side Yard:

5.0 metres

d) Floor Space Index


e) Minimum Landscaped Open Space:

A minimum of 15% of the area of the lot shall be maintained as landscaped open space, exclusive of the natural vegetated buffer.

f) Buffering:

A buffer having a minimum width of 6.0 metres shall be provided and maintained along the westerly interior side lot line, from the front lot line to the point where the "HL" - Hazard Land Zone begins. A combination of a privacy fence and berm, having a minimum height of 0.75 metres and a maximum height of 1.0 metre, shall be constructed within this buffer from the front lot line to a point 6.0 metres from the front lot line. A combination of a privacy fence and berm having a minimum height of 2.8 metres and a maximum height of 3.1 metres, shall be constructed within this buffer from a point 6.0 metres from the front lot line to the point where the "HL" Zone begins.


g) Natural Vegetated Buffer:

A natural vegetated buffer shall be provided and maintained within the area shown as "Natural Vegetated Buffer" on EXHIBIT ONE to and forming part of this By-law."


"621 NOTWITHSTANDING the provisions of Section 5.20a of this By-law or any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:



a) DEFINITIONS

(i) Gardening

Means the use of land for horticulture, where the yield is for personal use and where there is no sale of the yield, but shall not include any other agricultural use specifically defined in this By-law.

b) Street Frontage

Notwithstanding the provisions of Section 5.20a of this By-law, the buildings and structures existing on the 6th day of November, 2000 are permitted to remain in their present locations and be used for storage purposes only, accessory to gardening. No extensions or additions to the existing buildings or structures are permitted. No additional buildings or structures are permitted. No building or structure shall be used for human habitation

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided such strengthening or restoration does not increase the height, size, volume or use of the said buildings or structures."


"622 NOTWITHSTANDING the provisions of Sections 4, 5.13.9 and 27.2.10 of this By-law, or any provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 22, Registered Plan W-790, being Part 1 on Reference Plan 55R-6504; and Part of Lot 8, Concession III, N.K.R., being Parts 2 and 3 on Reference Plan 55R-6504,


a) DEFINITIONS:

In addition to the definitions contained in Section 4 of this By-law, the following definition shall apply:

(i) Natural Vegetated Buffer:

Means an area of land which is unoccupied by any buildings, structures, or landscape treatments, and which is composed of low or no-maintenance deeply rooted indigenous vegetation, including mature coniferous trees, that provides good canopy cover. It shall not include areas of grass that are mown or otherwise maintained.



The provisions of Section 5.13.9 of this By-law shall continue to apply, except in the case of a "food store" contained within the building existing on the 22nd day of May, 2001, and any additions or extensions made thereto, in which case the following provisions shall apply:

(i) Use Minimum Number of Parking Spaces

Food Store 0.77 spaces for every 20 square metres of gross retail floor area

c) Buffering:

A "Natural Vegetated Buffer" shall be provided and maintained along the entire length of the rear lot line, from the interior side lot line to the exterior side lot line. The said buffer shall have a minimum width of 9.0 metres."


"623 NOTWITHSTANDING the provisions of Section 5.14.5(a), 13.2.1c), 13.2.2c), 13.2.4, 13.2.7(b)(i), 13.2.8 and 13.2.10 of this By-law, in the case of the lands and premises being more particularly described as follows, namely

SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 11, Registered Plan 1045,


(a) PERMITTED YARD ENCROACHMENTS

Balconies:

Required Yard

A balcony may project into any required front yard or required rear yard a maximum distance of 1.8 metres, provided however, no enclosure of such balcony exceeds a height of 1.2 metres above its floor and provided that a minimum distance of 1.5 metres shall be required between the lot line and the nearest part of any balcony.

(b) Minimum Lot Area:

152.0 square metres for each unit.


5.0 metres for each unit.

(d) Minimum Front and Rear Yard:

A combined front yard and rear yard of 13.0 metres shall be maintained, provided however, that a minimum front yard and rear yard of 6.0 metres each shall be required.

(e) Minimum Interior Side Yard:

1.5 metres for the west interior side yard and 0.9 metres for the east interior side yard where there is an attached garage or carport.

(f) Maximum Height:

10.6 metres.

(g) Maximum Lot Coverage:

48%."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the westerly 64 feet of Lots 85 to 88, East Side Norah Street, Registered Plan W-144 and portions of the abutting street allowances,


are hereby removed from the "R2" - Residential One and Two Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North West Quarter of Section 4 and a portion of the abutting street allowance,


are hereby removed from the "EI" - Extractive Industrial Zone and designated as part of the "RU" - Rural Area Zone.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 1-L and 1-M of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the North West Quarter Section 4,


are hereby removed from the "EI" Extractive Industrial Zone and designated as part of the "HL" - Hazard Land Zone."


"626 NOTWITHSTANDING the provisions of Sections 5.13.9, 13.1 and 13.2.7(b)(i) of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 24 and 25, Block 22, Registered Plan W-57,



a) DEFINITION

Garden Centre and Display Yard

Means the use of land, or building, or structure for the display and storage, but not for the sale, repair or servicing, of yard, lawn and garden equipment, snowblowers and accessories, operated as part of the retail store and service shop business located on the South Part of Lot 16, Lot 17, and Lot 18, Block 23, Registered Plan W-57.

b) PERMITTED USES

The provisions of Section 13.1 shall continue to apply, except in the case of the lands and building existing on the 18th day June, 2001, in which case said lands and building shall be permitted to be used as a garden centre and display yard, in addition to the uses listed in Section 13.1 of the By-law.

Only those buildings and structures existing on the 18th day of June, 2001, shall be used in connection with the garden centre and display yard. No new buildings or structures shall be permitted in connection with the said use.

c) NUMBER OF PARKING SPACES REQUIRED

The provisions of Section 5.13.9 shall continue to apply and in the case of a "Garden Centre and Display Yard", a minimum of four (4) parking spaces is required.

d) EXISTING BUILDING

Notwithstanding any provision of this By-law to the contrary, the building existing on the 18th day of June, 2001, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 4 and Block 10, Registered Plan 55M-540 and Part of Block J, Registered Plan M-321, and a portion of the abutting street allowance,


are hereby removed from the "RM2A" – Residential Multiple Medium Density Zone A and the "OS" – Open Space Zone and designated as part of the "CIN" – Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Section 5.12.4 b) and Section 5.13.9 b) of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


(a) Number of Loading Spaces Required:

The provisions of Section 5.12.4 b) shall continue to apply except in the case of a "Nursing Home" with over 2,500 square metres of gross floor area up to and including 10,000 square metres of gross floor area for which a minimum of one space is required.



The provisions of Section 5.13.9 b) shall continue to apply except in the case of a "Nursing Home," for which a minimum of one space for every 2.2 beds is required ."


"628 (1) NOTWITHSTANDING the provisions of Sections 4.124, 5.20a,9.2.1 and 9.2.2 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location 1, Herrick's Survey, being Part 3, Reference Plan 55R-8523,


a) DEFINITIONS

i) Lot Line, Front

Means the lot line on the west side of the lot.

b) Minimum Street Frontage

0 metres.

c) Minimum Lot Area

.88 hectares.

d) Minimum Lot Frontage

0 metres.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 6I and 6J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location 1, Herrick's Survey, being Parts 4 to 7, Reference Plan 55R-8523,

are hereby removed from the "RE" – Residential Estate Zone and designated as part of the " RU-H" – Rural Areas Zone - Holding

(3) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (2) of this paragraph, in accordance with Section 36 of the Planning Act, the following provision shall apply:

a) PERMITTED USES:

Buildings, structures and uses legally existing on the 11th day of December, 2000."

*NOTE:

"H" Symbol = establishment of open and municipally maintained road




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Mining Location "K", Scott's Survey, designated as Parts 1 and 2, Reference Plan 55R-11487, and including portions of the abutting street allowance,

all shown as, and included in "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "EI" – Extractive Industrial Zone and designated as part of the "RU" – Rural Area Zone.

(2) NOTWITHSTANDING the provisions of Section 6.2.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street allowance,


a) MINIMUM LOT AREA

5,700.0 square metres."


"630 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-D of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the East Half of the West Half of Lot 24, Concession IV, NKR,



(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-D of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the East Half of the West Half of Lot 24, Concession IV, NKR



(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-D of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the East Half of the West Half of Lot 24, Concession IV, NKR,



are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the HL" - Hazard Land Zone.

(4) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the provisions of 5.5 of this By-law shall not apply."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 35, Registered Plan 759, and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "NIN" - Neighbourhood Institutional Zone, and designated as part of the "CIN" - Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.9b) and 38.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street and lane allowances,


(a) NUMBER OF PARKING SPACES REQUIRED:

The provisions of Section 5.13.9b) shall continue to apply except in the case of a "Nursing Home", for which a minimum of one space for every two beds is required.

(b) PERMITTED USES

The provisions of Section 38.1 of this By-law shall apply except that community centre, community clinic, dwelling unit accessory to a permitted use, fire hall, fraternal organization, neighbourhood clinic, police station, private club and religious institution are not permitted uses; and furthermore, a nursing home shall be limited to a maximum of 143 beds."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1; a portion of Lot 2, being Part 1 on Reference Plan 55R-5625; and a portion of the lane, being Part 1 on Reference Plan 55R-3137, save and except Part 4 on Reference Plan 55R-5625, Registered Plan 526; and portions of the abutting street allowances,


are hereby removed from the "NC2" - Neighbourhood Commercial Zone 2 and designated as part of the "RM1" - Residential Multiple Low Density Zone.


(2) NOTWITHSTANDING the provisions of Section 14.1 of this By-law or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the abutting street allowances,


a) PERMITTED USES

The provisions of Section 14.1 shall continue to apply except in the case of the building existing on the 17th day of September, 2001, in which case an apartment dwelling containing a maximum of five (5) dwelling units is permitted.

b) Existing Building

Notwithstanding any provisions of this By-law to the contrary, the building existing on the 17th day of September, 2001 is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.

c) Buffering

In the event that the fence existing on the 17th day of September, 2001 along the easterly interior side lot line is removed, a privacy fence shall be provided and maintained along the entire length of the said lot line. The privacy fence shall have a minimum height of 1.6 metres from the rear lot line to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre from the said point to the front lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 38 and the North Part of Lot 39, Block 18, Registered Plan 171, and a portion of the abutting street and lane allowances,


are hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as part of the "R2" – Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4(e)(ii), 5.2.4(h), 5.13.1(d)(iv), 5.13.9(a), 5.14.3, 13.1, 13.2.4 and 13.2.10 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


(a) PERMITTED USES

In addition to the uses listed in Section 13.1 of this By-law, an apartment dwelling with a maximum of four (4) units is a permitted use.


(b) EXISTING BUILDINGS

Notwithstanding any provision of this By-law to the contrary, the buildings and structures existing on the 19th day of November, 2001, are permitted to remain in their present locations. No extensions or additions to the existing buildings or structures are permitted. No additional buildings or structures are permitted.

Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings and structures, provided such strengthening or restoration does not increase the height, size or volume of the said buildings and structures.

In the event that the said buildings and structures are damaged or destroyed by fire, nothing shall prevent the reconstruction of the said buildings and structures to their prior dimensions or to smaller dimensions and at their prior locations or at a location that would be in greater conformity with this By-law.

(c) PARKING SPACES REQUIRED

The provisions of Section 5.13.9(a) shall continue to apply except in the case of an apartment dwelling containing a maximum of four (4) dwelling units, in which case a minimum of 1.25 spaces per dwelling unit is required.

(d) ACCESS TO PARKING AREAS AND SPACES

Parking spaces shall be permitted to exit directly to a street or lane."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 37 and 38, Registered Plan 1536, and a portion of the abutting street and lane allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4(d), 5.6.2(d)(iii), 5.13.1(d)(iv), 5.13.9(a), 15.2.1(a)(iii), 15.2.4, 15.2.6(b) and 15.2.9 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


(a) PARKING SPACES REQUIRED

The provisions of Section 5.13.9(a) shall continue to apply except in the case of an apartment dwelling containing a maximum of seven (7) dwelling units, in which case a minimum of 1.28 spaces per dwelling unit is required.

(b) ACCESS TO PARKING AREAS AND SPACES

Parking spaces shall be permitted to exit directly to a street or lane.


(c) MINIMUM LOT AREA

613.0 square metres.

(d) MINIMUM FRONT YARD

1.5 metres.

(e) MINIMUM REAR YARD

6.0 metres.

f) MINIMUM INTERIOR SIDE YARD

0.3 metres for the northwest interior side yard. 5.0 metres for the southeast interior side yard.

g) MAXIMUM HEIGHT

12.5 metres.

h) LOCATION OF ACCESSORY USES

Buildings or structures accessory to a dwelling may be located in a required interior side yard, provided that a minimum setback of 19.0 metres is maintained between such buildings or structures and the front lot line and a minimum setback of 0.3 metres is maintained between such buildings or structures and the southeast interior side lot line."



SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the South Half of Lot 20, Concession 4, S.K.R.; being Part 1 of 55R-5531,


are hereby removed from the "US" – Utilities and Services Zone and designated as part of the "RU" – Rural Area Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 12, 13, 14 and 15, Block 4, Plan 8 and a portion of Lots 16 and 17, Block 4, Plan 8, being Part 16 on Reference Plan 55R-4523 and a portion of the abutting street allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,.

are hereby removed from the "R2" - Residential One and Two Unit Zone, and designated as part of the "HC" - Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Section 4.107, 4.124, 27.1 and 27.2.10 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph,



(a) DEFINITIONS:

i) Lot Line, Front:

Means the lot line abutting the Central Avenue street allowance.

ii) Floor Space Index:


iii) Open Space:


(b) PERMITTED USES:

i) In addition to the uses listed in Section 27.1 of this By-law, retail store is a permitted use.

ii) One dwelling unit is a permitted use in the building existing on the 21st day of June, 1999, municipally known as 440 Central Avenue.

iii) One dwelling unit is a permitted use in the building existing on the 21st day of June, 1999, municipally known as 642 Winnipeg Avenue.

(c) Floor Space Index:


(d) Landscaped Open Space:

Except for the buildings existing on the 21st day of June, 1999, a minimum of 15% of the area of the lot shall be provided and maintained as landscaped open space.

(e) Buffering:

A privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along the northerly lot line from the Winnipeg Avenue street allowance westerly for a distance of 30.10 metres and along the entire easterly lot line, except that an opening with a maximum width of 3 metres shall be permitted to allow access to the building municipally known as 642 Winnipeg Avenue as long as it continues to be used as a residential use."


Effective Date: March 11, 2002 August 22, 2005

"637 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 10-G and 11-G of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 1, Registered Plan W-689 and a portion of Lot 17, Concession II, S.K.R., and a portion of the abutting street allowance,



are hereby removed from the "NIN-F" - Neighbourhood Institutional Zone - Lands Susceptible to Flooding and designated as part of the "CIN" - Community Institutional Zone and "HL" - Hazard Land Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the South Half of Lot 20, Concession 4, S.K.R.; being Part of Part 1 of 55R-5531,


are hereby removed from the "RU" – Rural Area Zone and designated as part of the "HL" - Hazard Land Zone."


"639 NOTWITHSTANDING the provisions of Sections 5.13 and 13.1 of this By-law, or any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 3, South Side of Ambrose Street, in Park Lot 1, South Side of Pearl Street, Registered Plan 95 ½,


(a) PERMITTED USES

The provisions of Section 13.1 shall continue to apply, except in the case of the building existing on the 18th day of March, 2002, in which case an apartment dwelling containing a maximum of three dwelling units shall also be permitted.

(b) EXISTING BUILDING

The building existing on the 18th day of March, 2002, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building provided that such repair or restoration does not increase the height, size or volume of the said building.

(c) OFF-STREET PARKING REQUIREMENTS

The provisions of Section 5.13 of this By-law shall continue to apply except in the case of an apartment dwelling containing a maximum of three dwelling units located in the building existing on the 18th day of March, 2002, in which case there shall be no off-street parking requirement.

(d) Any redevelopment of the lands described in this paragraph shall comply with all the requirements of the "R2" – Residential One and Two Unit Zone."


"640 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 5-R of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 15, Block 75, Registered Plan 121; Lot 11, Block 76, Registered Plan 121; and Lots 5 and 10, Block 77, Registered Plan 121; Part of North Water Street, Registered Plan 121, and Part of Water Lot 4P, being Parts 1 and 2, Reference Plan 55R-11336; and Parts of Munro, Fitzgerald, and Stephens Street, Registered Plan 121, being Parts 31 to 37 (inclusive), Reference Plan 55R-11333,


are hereby removed from the "OS" – Open Space Zone and designated as part of the "HI" - Heavy Industrial Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 to 18 and 27 to 36, Registered Plan M-28, Part of Madeline Street and Lanes, shown as Parts 1 to 7, Reference Plan 55R-11696,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "CIN-H" - Community Institutional Zone - Holding.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

(a) Only uses, buildings and structures lawfully existing on the 15th day of April, 2002 shall be permitted.

(b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings or structures.

(c) No new buildings or structures are permitted.

(3) NOTWITHSTANDING the provisions of Section 5.12.4 b) and Section 5.13.9 b) of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


(d) Number of Loading Spaces Required:

The provisions of Section 5.12.4 b) shall continue to apply except in the case of a "Nursing Home" with over 2,500 square metres of gross floor area up to and including 10,000 square metres of gross floor area, for which a minimum of one space is required.


The provisions of Section 5.13.9 b) shall continue to apply except in the case of a "Nursing Home, " for which a minimum of one space for every 2.24 beds is required."


*NOTE:

"H" - Symbol = Water/Sanitary Sewer Upgrades

By-law 180-2003 amends By-law 84-2002, Paragraph "641", removes H-symbol



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of the South Half of Lot 14, Concession II, S.K.R., all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "RS-H" - Residential Suburban Zone - Holding

(2) NOTWITHSTANDING the provisions of Sections 4, 10.1 and 10.2.8 of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, the following provisions shall apply:

(a) Definitions:


i) Common Recreation Building

Means a building designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, used in common by all condominium owners, which is owned, administered and maintained by a corporation pursuant to the provisions of the Condominium Act.

b) Permitted Uses:

In addition to the uses listed in Section 10.1, a condominium with a maximum of 26 single detached dwellings and a maximum of one common recreation building is a permitted use.

c) Maximum Number of Main Uses and Main Buildings Per Lot:

i) Uses:

one only

ii) Buildings:

one only except in the case of a condominium with a maximum of 26 single detached dwellings and a maximum of one common recreation building, in which case a maximum of 27 main buildings are permitted provided that a minimum distance of 3.0 metres separates each main building.



a) Permitted Uses:

Buildings, structures and uses legally existing on the 11th day of December, 2000."

*NOTE:

"H" - Symbol = Draft Plan of Condominium and Condominium Agreement By-law 40-2005 amends By-law 101-2002, Paragraph "642", removes H-symbol


"643 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-I and 8-J of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Lots 13 to 19 and 67 to 73, Block 8, Registered Plan W-180, Part of Clarke Avenue, Part of Lanes, Part of Lots 1 to 8, Lots 9 to 12, 74 to 78, Block 8, Plan W-180 designated as Parts 3, 4, 5 and 6, Plan 55R-10713, Part of Clarke Avenue, Part of Lanes, Block 8, Plan W-180, designated as Parts 1, 2, 3 and 4, Plan 55R-10887,

shown as "PROPERTY LOCATION " on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "AIR" Airport Zone and designated as part of the "AIR" Airport Zone - Holding.


a) Permitted Uses:

(i) Buildings, structures and uses legally existing on the 21st day of January, 2002;

(ii) Buildings, structures and uses associated with a Car Rental Agency as defined in subparagraph (4) of this paragraph, except that new "related administrative offices" shall not be permitted.

(3) Notwithstanding the provisions of Section 41.1 of this By-law, Car Rental Agency as defined in subparagraph (4) of this paragraph shall be the only permitted use.

(4) NOTWITHSTANDING the provisions of Sections 4.29, 4.107, 41.2.1, 41.2.2, 41.2.3, 41.2.4 and 41.2.5 of this By-law or any other provision of this By-law to the contrary, and in addition to all the other provisions of this By-law, in the case of the lands and premises more particularly described in subparagraph (1) of this paragraph, the following provisions shall apply:


a) DEFINITIONS:

(i) Car Rental Agency

Means the use of land, buildings or structures where motor vehicles are kept for rental or lease, and may include the sale of previously rented or leased agency vehicles, related administrative offices, service and repair of agency vehicles, wash and preparation of agency vehicles, drop-off and pick-up of agency vehicles, and display and storage of agency vehicles.


Means an open area of land which is unoccupied by any buildings or structures, which is situated at grade level on a lot, and which is used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other vegetation, and shall not include surfaced walkways and patios, retaining walls or any other hard landscaped feature, or driveway or parking area regardless of composition, roof-top or terrace within a building or structure.


30.0 metres


Except for buildings and structures existing on the 21st day of January 2002, 13.7 metres.

d) Minimum Exterior Side Yard:

Except for buildings and structures existing on the 21st day of January, 2002, 6.0 metres.

e) Minimum Interior Side Yard:


f) Minimum Rear Yard:


g) The buildings and structures existing on the 21st day of January 2002, shall be permitted to remain in their present location

h) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings and structures provided that such strengthening or restoration does not increase the height, size or volume of the said buildings and structures.


Except for buildings and structures existing on the 21st day of January 2002, a minimum of 10% of the lot area shall be provided and maintained as landscaped open space."

*NOTE:

"H" - Symbol = Noise Analysis in accordance with Transport Canada




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 6, Registered Plan 1341, and a portion of the abutting street and lane allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "GC1" – General Commercial Zone 1.

(2) NOTWITHSTANDING the provisions of Section 24.2.8 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the street and lane allowances,


a) BUFFERING

(i) A privacy fence, having a minimum height of 1.6 metres, shall be provided and maintained along the entire length of the (westerly) interior side lot line.

(ii) A privacy fence, having a minimum height of 1.6 metres, shall be provided and maintained along the entire length of the rear lot line."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the Algoma Street South street allowance and the abutting lane allowance,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "GC1" – General Commercial Zone 1."


"647 NOTWITHSTANDING the provisions of Section 27.1(b) of this By-law and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of Plan M42, Plan M46, Plan M52, Plan M53, Plan M54, Plan M57, Plan M88, Plan M89, Plan M177, Plan M192, Plan M253, Plan 8, Plan 147, Plan 357, Plan 572, Plan 795, Plan 827, Plan D-60, Plan D-79 and a Portion of the North West Quarter of Section 52, shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:


a) ADDITIONAL PERMITTED USES

In addition to the uses listed in Section 27.1(b) of this By-law, "retail store" is also a permitted use.

b) LANDSCAPED OPEN SPACE

A minimum of 10 percent of the area of the lot shall be maintained as landscaped open space."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1008 and 1009, Registered Plan W-357, and a portion of the abutting street and lane allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 27.1(a), 27.1(b), 27.2.1(c), 27.2.2(c), 27.2.3, 27.2.5 and 27.2.10 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


a) PERMITTED USES

In addition to the uses listed in Sections 27.1(a) and 27.1(b) of this By-law, a retail store is also a permitted use.

b) MINIMUM LOT AREA

566.0 square metres.

c) MINIMUM LOT FRONTAGE

15.0 metres.

d) Notwithstanding any provision of this By-law to the contrary, the building existing on the 17th day of June, 2002, is permitted to remain in its present location.

e) BUFFERING

(i) No buffer strip or privacy fence shall be required along the (northerly) interior side lot line.

(ii) A privacy fence shall be provided and maintained along the (southerly) interior side lot line. The said fence shall have a minimum height of 1.6 metres from the rear lot line to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to the front lot line."



"649 NOTWITHSTANDING the provisions of Sections 4.39a, 5.13, 23.1, 23.2.9 and 23.2.12 of this By-law, or any other provision of this By-law to contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the westerly portion of Lot 25, South Side Brock Street, Town Plot of Fort William,


a) DEFINITIONS

(i) Community Bake Shop

Means a retail store which sells baked goods which may be made on or off the premises and which may be consumed on or off the premises and which does not exceed a gross floor area of 100 square metres and shall not include a Bakery.

b) PERMITTED USES

The provisions of Section 23.1 shall continue to apply. In addition, within the main building existing on the 17th day of June, 2002, "community bake shop" and "warehouse" shall also be permitted uses.

c) EXISTING BUILDING

Notwithstanding any provisions of this By-law to the contrary, the main building existing on the 17th day of June, 2002 shall be permitted to remain in its present locations. No extensions or additions to the said building are permitted. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.

d) BUFFERING

The provisions of Section 23.2.12 shall continue to apply, except in the case of the building existing on the 17th day of June, 2002, in which case buffering shall not be required along the easterly interior side lot line.

e) Off-street parking spaces shall be permitted to exit directly to a street or lane.

f) NUMBER OF MAIN USES

The provisions of Section 23.2.9 shall continue to apply, except in the case of the building existing on the 17th day of June, 2002, in which case a maximum of two main uses shall be permitted."


"650 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-K and 8-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 20 to 26 and a portion of Lot 19, Block 13, Registered Plan W-148, and portions of the abutting street and lane allowances,





"651 NOTWITHSTANDING the provisions of Sections 4.11 and 24.1 of this By-law or any provisions of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 9, Block 7, Registered Plan W-54,


a) DEFINITION

Live/Work Unit

Means a dwelling unit that is also used as a commercial school, office, personal service shop, service shop, or a studio for a photographer, craftsperson or artist. The sale of any artifacts produced therein shall be permitted only as an accessory use.

b) PERMITTED USES

In addition to uses listed in Section 24.1 of this By-law, the following are permitted uses within the building existing on the 16th of September, 2002

(ii) live/work unit

(iii) dwelling units in combination with a ground floor live/work unit. "



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 5, Block 26, Registered Plan 147; Lot 229, Registered Plan 572; Lots 672-681 (inclusive), Registered Plan M-88; Part of Lots 2, 3 and 4, Block 26, Registered Plan 147; Part of Lots 226, 244 and 245, Registered Plan 572; portions of lane allowance; and a portion of the abutting street allowances,


are hereby removed from the "HC" - Highway Commercial Zone and designated as part of the "GC1-H" - General Commercial Zone 1- Holding.

(2) NOTWITHSTANDING any other provisions of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) PERMITTED USES

Buildings, structures and uses legally existing on the 16th day of September, 2002.

(3) NOTWITHSTANDING the provisions of Sections 4, 5.1, 5.13.9a), 5.13.9b), 24.1 and 24.2.5 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the street allowances,



a) DEFINITION

(i) RESIDENTIAL-COMMERCIAL COMPLEX

Means a development consisting of a maximum of 75 dwelling units combined with any of the "GC1" Zone non-residential uses, provided that a minimum of 50% of the ground floor area of each building is devoted to one or more of the non-residential uses permitted in the "GC1" Zone.

b) ACCESS REGULATIONS

No driveway access to a commercial or private parking area shall be located closer than 6.0 metres from the intersection of Secord Street and Queen Street measured from a point where the two street lines intersect.

c) PERMITTED USES

In addition to the uses listed in Section 24.1 of this By-law, "residential-commercial complex" and buildings, structures or uses accessory thereto is also a permitted use.

d) MAXIMUM HEIGHT

The provisions of Section 24.2.5 shall continue to apply, except in the case of a "residential-commercial complex", in which case a maximum height of 28.0 metres shall be permitted.

e) PARKING SPACES REQUIRED


residential-commercial complex 1.5 spaces per dwelling unit plus one space for every 21.0 square metres of gross retail floor area devoted to a non-residential use

f) MINIMUM LANDSCAPED OPEN SPACE

A minimum of 10% of the lot area shall be provided and maintained as landscaped open space."

*NOTE: "H" - Symbol = Ministry of Environment acknowledged record of site condition - By-law 61-2003 amends By-law 252-2002, Paragraph "652", removes H-symbol - By-law 286-2004 amends By-law 252-2002, Paragraph "652", removes H-symbol


"653 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 2-I of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 12, Concession B, being a portion of Part 1, Reference Plan 55R-6136, and portions of the abutting street allowances,


are hereby removed from the "RU" - Rural Area Zone and designated as part of the "HC" - Highway Commercial Zone. "



"654 NOTWITHSTANDING the provisions of Sections 5.13.1(a), 5.13.1(d), 5.13.9, 23.1, 23.2.4 and 23.2.5 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of Lots 9 and 10, Block 15, Registered Plan 171,



a) DEFINITION

Pet Store

Means the use of land, or building, or structure for a retail business where animals and/or birds and/or fish for use as pets are sold, kept for sale or groomed, and which may include the sale and storage of associated pet supplies and pet foods, but does not include a shop or place for the breeding or overnight boarding of pets.

b) PERMITTED USES

The provisions of Section 23.1 shall continue to apply, except in the case of the building existing on the 9th day of December, 2002, in which case "pet store" is deemed to be included as a permitted use under Section 23.1.

c) NUMBER OF PARKING SPACES REQUIRED

The provisions of Section 5.13.9 shall continue to apply, except that in the case of a "pet store", a minimum of four (4) parking spaces is required


Notwithstanding any provision of this By-law to the contrary, the building existing on the 9th day of December, 2002, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.

e) ACCESS TO PARKING AREAS AND SPACES

(i) MAXIMUM DRIVEWAY WIDTH

A driveway having a maximum width of 22.25 metres shall be permitted for the building existing on the 9th day of December, 2002.

(ii) ACCESS TO PARKING AREAS AND SPACES

Parking spaces shall be permitted to exit directly to a street."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of the East Part of Lot 15, Concession III, N.K.R. and a portion of the abutting street allowance,



are hereby removed from the "FD" – Future Development Zone and "AIR" – Airport Zone and designated as part of the "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Section 27.1 (a) and 27.1 (b) of this By-law, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, the following provisions shall apply:

a) PERMITTED USES

Automotive sales establishment and buildings, structures, or uses accessory to an automotive sales establishment is the only permitted use."


"656 NOTWITHSTANDING the provisions of Sections 4, 5.7 (d) and 5.7 (f) of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 154, Registered Plan M-13,


Definitions:

a) In addition to the definitions contained in Section 4 of this By-law, the following shall apply:

(i) HOME OCCUPATION SIGN

Means a sign having a sign face area not greater than 0.3 square metres, which is intended solely to identify a lawful home occupation or home occupations located on the premises where the sign is situated. The said sign shall be mounted on the front wall of the dwelling unit or in a front window of the dwelling unit located on the premises where the home occupation is situated.

b) The provisions of Section 5.7 (d) shall continue to apply, except that the retail sale of fireworks is permitted.

c) The provisions of Section 5.7 (f) shall continue to apply, except that one (1) non-illuminated home occupation sign is permitted. "



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the south part of Lot Nineteen (19), Registered Plan Number 760 and a portion of the abutting street allowance,


are hereby removed from the "RS" - Residential Suburban Zone and designated as part of the "PBP-H" - Prestige Business Park Zone - Holding.


(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) Only uses, buildings and structures lawfully existing on the 20th day of January, 2003 shall be permitted.

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings or structures.

c) No new buildings or structures are permitted."

*NOTE:

"H" - Symbol = Agreement is in place to provide sanitary sewer and water services


Effective Date: March 10, 2003 Effective Date: February 19, 2007

"658 NOTWITHSTANDING the provisions of Sections 4, 5.13.9 b), 27.1 a), 27.1 b), and 27.2.10 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Portion of Mining Location R3, designated as Part 1 on Reference Plan 55R-12079 , all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,


a) DEFINITIONS:


Automotive Parts Sales Establishment

Means the use of land, or building, or structure for the stocking and wholesale and/or retail sale of new and/or used vehicle parts and associated accessories, goods and products, for installation and utilization off the premises. This definition shall not include any servicing, maintenance or repair of vehicles on site; body repairs; installation of parts, accessories, goods or products; dismantling of vehicles and/or salvage of parts; and gasoline, propane or other fuel sales.


Electronic Service Shop

Means the use of land, building or structure or part thereof for the purpose of fabricating, servicing or repairing electronic components and/or equipment.


The provisions of Section 5.13.9 shall continue to apply and in the case of an "automotive parts sales establishment," one space for every 37.0 square metres of gross floor area is required.


c) PERMITTED USES:


In addition to the uses permitted in Sections 27.1(a) and 27.1(b) of this By-law, an "automotive parts sales establishment" and an "electronic service shop", both as defined in clause a) of this paragraph, are deemed to be included as permitted uses under Sections 27.1(a) and 27.1(b).

d) Buffering:

(i) A privacy fence shall be provided and maintained along the easterly interior side lot line. The said fence shall have a minimum height of 1.6 metres from a point 67.05 metres from the front lot line to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre from the said point to the front lot line."


e) OFF-STREET PARKING REQUIREMENTS

In the case of an "electronic service shop", on-site parking shall be provided at the rate of one parking space for every 37.0 square metres of gross floor area.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 29 and 30, Block 11, Registered Plan 8; and Lots 478, 479 and 480, Registered Plan M-89, and portions of the abutting street and lane allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "HC-H" – Highway Commercial Zone - Holding.

(2) NOTWITHSTANDING the provisions of Sections 27.1(a), 27.1 (b), 27.2.3, 27.2.6, 27.2.10 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


a) PERMITTED USES

The provisions of Sections 27.1(a) and 27.1(b) shall continue to apply, and a "retail store" is deemed to be included as a permitted use under Section 27.1(b).


6.0 metres


6.0 metres

d) Buffering:

A privacy fence shall be provided and maintained along the entire length of the (southerly) rear lot line. The fence shall have a minimum height of 1.6 metres from the interior side lot line to a point 6.0 metres from the exterior side lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to the exterior side lot line.


e) Landscaped Open Space:

A minimum of 10% of the area of the lot shall be maintained as landscaped open space.

(3) NOTWITHSTANDING any provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) The single detached dwelling existing on the 17th day of March, 2003, shall be the only permitted use.

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said dwelling provided that such strengthening or restoration does not increase the height, size or volume of the said building.

c) No new buildings or structures are permitted."

*NOTE:

- By-law 069-2008 amends By-law 66-2003, Paragraph "659" removes H" - Symbol

BY-LAW 89-2003 Effective Date: April 28, 2003 OMB DECISION PL030560 May 11, 2004


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 173 to 180, Registered Plan M-28 and Part of Madeline Street and Lanes and portions of the abutting street allowances,


are hereby removed from the "NIN" - Neighbourhood Institutional Zone and designated as part of the "RM2B-H" - Residential Multiple Medium Density Zone B - Holding.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph, excluding the abutting street allowances, in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) Only uses, buildings and structures lawfully existing on the 17th day of March, 2003 shall be permitted.

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings or structures.

c) No new buildings or structures are permitted.

(3) NOTWITHSTANDING any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding the abutting street allowances, the following provision shall apply:

a) Maximum Number of Dwelling Units 31."


NOTE: By-law 242-2004 amends By-law 89-2003, Paragraph "660", removes H-symbol



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Registered Plan W-690, excepting Part 4 on Reference Plan 55R-1254 and excepting Units 1, 2, and 3, Plan D-46 and Part of Lot 2, Registered Plan W-690, being Parts 1 and 2 on Reference Plan 55R-8625,



The provisions of Section 5.13.9 of this By-law shall continue to apply, except in the case of a shopping centre with a gross floor area of 930.0 square metres to 9,300.0 square metres, in which case the following provisions shall apply:

Use Minimum Number of Parking Spaces

Shopping Centre with a gross floor area of 930.0 square metres to 9,300.0 square metres

0.845 spaces for every 21 square metres of gross retail floor area


The provisions of Section 5.13.1a) shall continue to apply except that the maximum width of a right-in driveway on Arthur Street shall be 10.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 11 to 14 (inclusive), Block 65, Registered Plan 121; Part of the North Subdivision of Section 37; Part of Mining Location 7, Herrick's Survey; and Lane RD 138428 and 142648, and a portion of the abutting street allowance,


are hereby removed from the "HC" – Highway Commercial Zone and "LI" - Light Industrial Zone and designated as part of the "MIN" - Major Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4(a) and 39.2.3 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street allowance,


a) EXISTING BUILDINGS

Notwithstanding any provision of this By-law to the contrary, the buildings existing on the 17th day of September, 2001, are permitted to remain in their present locations."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 9 to 12, Block 8, Registered Plan 8 and portions of the abutting street and lane allowances,


are hereby removed from the “RM2A” – Residential Multiple Medium Density Zone A and designated as part of the “RM1” – Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.1, 5.14.1(a), 14.1, 14.2.1, 14.2.2(c), 14.2.3, 14.2.4, 14.2.5, 14.2.7(b), 14.2.9 and 14.2.11 of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the street and lane allowances,


a) Access Regulations

The provisions of Section 5.1 shall continue to apply, except in the case of a semi-detached dwelling, in which case the following provisions shall apply:

No driveway access shall be located closer than 6.0 metres from the intersection of two streets measured from a point where the two street lines intersect.

b) Permitted Yard Encroachments - Architectural Features - Required Yard

The provisions of Section 5.14.1(a) shall continue to apply, except in the case of a single detached dwelling, in which case the following shall apply:

In any required yard, the projection of windows or window sills, chimneys, cornices, eaves, and similar architectural features shall be permitted provided that they do not project more than 0.6 metres into any required yard, and that a minimum distance of 0.15 metres shall be maintained between the projection and any lot line.

c) Permitted Uses

The provisions of Section 14.1 shall continue to apply, and a "group townhouse containing not more than five units" and a "street townhouse containing not more than five units" are deemed to be included as permitted uses under Section 14.1.

d) Minimum Lot Area

The provisions of Section 14.2.1 shall continue to apply, except in the case of a single detached dwelling, a semi-detached dwelling and a group townhouse, in which case the following provisions shall apply:

(i) Single Detached Dwelling:

260.0 square metres

(ii) Semi-detached Dwelling:

260.0 square metres for each unit


(iii) Group Townhouse:

217.0 square metres for each unit

e) Minimum Lot Frontage for a Day Nursery, Lodging House, Park, Residential Care Unit Type I and Residential Care Unit Type II, Single Detached Dwelling

The provisions of Section 14.2.2 (c) shall continue to apply, except in the case of a single detached dwelling, in which case the following provisions shall apply:

9.0 metres

f) Minimum Lot Depth

28.6 metres

g) Minimum Front and Rear Yard

The provisions of Section 14.2.4 shall continue to apply, except in the case of a single detached dwelling, a semi-detached dwelling, a street townhouse and a group townhouse, in which case the following provisions shall apply:

(i) Single Detached Dwelling, Semi-detached Dwelling, Street Townhouse:


(ii) Group Townhouse:


h) Minimum Side Yards for an Apartment Dwelling, Day Nursery, Duplex Dwelling, Group Home, Group Townhouse, Lodging House, Park, Residential Care Unit Type I, Residential Care Unit Type II and Single Detached Dwelling

The provisions of Section 14.2.5 shall continue to apply, except in the case of a group townhouse and a single detached dwelling, in which case the following provisions shall apply:

(i) Group Townhouse - Minimum Side Yards:

6.0 metres for each interior side yard and exterior side yard.

(ii) Single Detached Dwelling - Minimum Side Yards:


3.0 metres for each exterior side yard.


(i) Where rear access is provided or there is an attached garage or carport or there is an exterior side yard:

0.6 metres for each interior side yard.


(ii) Where no rear access is provided, and there is no attached garage or carport and there is no exterior side yard:

1.5 metres for one interior side yard and 0.6 metres for the other interior side yard.

i) Minimum Side Yards for a Semi-Detached Dwelling and for a Double Duplex Dwelling

The provisions of Section 14.2.7(b) shall continue to apply, except in the case of a semi-detached dwelling, in which case the following provisions shall apply:

(i) Minimum Interior Side Yard

0.0 metres for the interior side yard along the common lot line and 1.5 metres for the other interior side yard.

j) Maximum Height

8.0 metres

k) Maximum Lot Coverage

The provisions of Section 14.2.11 shall continue to apply, except in the case of a single detached dwelling, a semi-detached dwelling, a group townhouse and a street townhouse, in which case the following provisions shall apply:

(i) Single Detached Dwelling: 40%

(ii) Semi-detached Dwelling: 40%

(iii) Group Townhouse: 41%

(iv) Street Townhouse:

Exterior Unit - 38%

Interior Unit - 43%."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of Lots 79 and 80, Registered Plan 1720, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Sections 4.83, 5.13, 24.1 and 24.2.8 of this By-law or any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly in subparagraph (1) of this paragraph, excluding the street and lane allowances,



a) DEFINITIONS

(i) Gross Floor Area

For the building existing on the 20th day of May, 2003, means the aggregate area of all storeys, including the basement, measured from the exterior faces of the exterior walls.

b) PERMITTED USES

The provisions of Section 24.1 of this By-law shall continue to apply, except in the case of the building existing on the 20th day of May, 2003, in which case the following uses are deemed to be the only permitted uses:

- a maximum of 4 dwelling units, provided a minimum of 50% of the ground floor area of the building is devoted to a non-residential use permitted in this Section

- motel/hotel

- office, not to exceed a gross floor area of 85 square metres

- personal service shop

- restaurant, not to exceed a gross floor area of 85 square metres

- retail store, not to exceed a gross floor area of 85 square metres

- second hand shop

- shopping centre containing a maximum of 3 commercial uses permitted in this Section

- variety store.

c) Existing Building

The building existing on the 20th day of May, 2003 shall be permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such repair or restoration does not increase the height, size or volume of the said building.

d) Except in the case of the building existing on the 20th day of May, 2003, a minimum of 15% of the lot area shall be maintained as landscaped open space.

e) OFF-STREET PARKING REQUIREMENTS

The provisions of Section 5.13.9 of this By-law shall continue to apply, except in the case of the building existing on the 20th day of May, 2003, in which case the following shall apply:

(i) A minimum of 9 parking spaces shall be provided and maintained.

(ii) Each parking space shall be permitted to exit directly to a street or lane.

(iii) Each parking space shall have a minimum length of 5.5 metres.

f) BUFFERING

The provisions of Section 24.2.8 shall continue to apply, except in the case of the building existing on the 20th day of May, 2003, in which case there shall be no buffering requirement."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 7 and 8, Block 13, Registered Plan 8, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Section 27.1 of this By-law, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding the abutting street and lane allowances,


a) PERMITTED USES

A parking lot accessory to a use permitted in Section 27.1 of this By-law is the only permitted use.

(3) NOTWITHSTANDING the provisions of Sections 4.124(c), 5.13 and 27.2.10 of this By-law, in the case of the lands and premises being more particularly described as follows:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 7 and 8, Block 13, Registered Plan 8; and Lot 2, Registered Plan M-192; a portion of the abutting lane allowance; and a portion of the abutting Court Street road allowance,



a) DEFINITIONS:

(i) LOT

Means a parcel of land which is capable of being legally conveyed pursuant to Section 49 of the Planning Act, and shall include the lands leased from the City of Thunder Bay which are located on the unopened Court Street road allowance for the duration of the said lease with the City of Thunder Bay.

(ii) LOT LINE, FRONT

Means the lot line abutting Memorial Avenue, for the duration of the lease of lands from the City of Thunder Bay, which are located on the unopened Court Street Road allowance.


The provisions of 5.13 shall continue to apply except in the case of the parking spaces located on Lot 2, Registered M-192, in which case the minimum parking aisle width requirement is 6.0 metres.


c) BUFFERING

(i) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the northerly (rear) lot lines of Lots 9 to 15 and the west half of Lot 16, Block 13, Registered Plan 8.

(ii) A privacy fence shall be provided and maintained along the easterly (interior) side lot line of Lot 8, Block 13, Registered Plan 8. The fence shall have a minimum height of 1.6 metres from the rear lot line to a point 6.0 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metres from the said point to the front lot line.

(iii) A privacy fence shall be provided and maintained along a portion of the (southerly) lot lines of Lots 7 and 8, Block 13, Registered Plan 8, abutting First Avenue. The fence shall have a minimum height of 0.75 metres and a maximum height of 1.0 metre. The fence shall be provided from the easterly (interior) side lot line of Lot 8, Block 13, Registered Plan 8, westerly to a point 13.8 metres from the said point."


"666 NOTWITHSTANDING the provisions of Sections 39.1 of this By-law, or any provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of the Northwest and Southwest Quarters of Section 50, more particularly described as a portion of Part 1, Reference Plan 55R-10338,


a) PERMITTED USES

In addition to the uses permitted in Section 39.1 of this By-law, the single detached dwelling existing on the 17th day of March, 2003, is deemed to be included as a permitted use under Section 39.1.

b) EXISTING BUILDING

Notwithstanding any required road widening or daylight triangle land dedications, the single detached dwelling existing on the 17th day of March, 2003 shall be permitted to remain in its present position. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such repair or restoration does not further contravene any of the regulations of this By-law.

c) LOT SIZE

For the existing single detached dwelling permitted in subparagraph a) of this paragraph, the following provisions shall apply:

(i) Minimum Lot Frontage:

45 metres

(ii) Minimum Lot Depth

85 metres."




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the North Part of Lots 16 to 17, Part of Lots 18 to 19, Concession 6, S.K.R., and a portion of the abutting street allowance,


are hereby removed from the "OS" – Open Space Zone and designated as part of the "RU" – Rural Area Zone.

(2) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the abutting street allowance,


a) Natural Vegetated Buffer:

A natural vegetated buffer shall be provided and maintained within the area shown as "Natural Vegetated Buffer" on EXHIBIT ONE to and forming part of this By-law."


"668 NOTWITHSTANDING the provisions of Section 5.13.9 and 13.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:



a) PERMITTED USES

The provisions of Section 13.1 shall continue to apply except in the case of the main building existing on the 17th day of June, 2002, in which case a dwelling containing a maximum of two (2) dwelling units is deemed to be included as a permitted use under Section 13.1.


The provisions of Section 5.13.9 shall continue to apply except in the case of the main building existing on the 17th day of June, 2002, in which case a minimum of one (1) parking space per dwelling unit is required.

c) EXISTING BUILDING

The main building existing on the 17th day of June, 2002 is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said main building, provided such strengthening or restoration does not increase the height, size or volume of the said building."


"669 NOTWITHSTANDING the provisions of Sections 5.2.4(d)(ii), 5.12.4(a), 5.13.1(d), 5.13.1(d)(ii), 5.13.9(a), 15.1, 15.2.1(a)(iii) and 15.2.9 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 69 to 76 (inclusive), Registered Plan WM-15,


a) PERMITTED USES

The provisions of Section 15.1 shall continue to apply except in the case of the main building existing on the 17th day of February, 2003, in which case an apartment dwelling containing a maximum of thirty-five (35) dwelling units is permitted.

b) EXISTING BUILDINGS

Notwithstanding any provision of this By-law to the contrary, the buildings existing on the 17th day of February, 2003, are permitted to remain in their present locations.

c) NUMBER OF LOADING SPACES REQUIRED

The provisions of Section 5.12.4(a) shall continue to apply, except in the case of an apartment dwelling containing a maximum of thirty-five (35) dwelling units within the existing main building, in which case no loading space is required.

d) NUMBER OF PARKING SPACES REQUIRED

The provisions of Section 5.13.9(a) shall continue to apply, except in the case of an apartment dwelling containing a maximum of thirty-five (35) dwelling units within the existing main building, in which case 1.0 parking space per dwelling unit is required.

e) ACCESS TO PARKING AREAS AND SPACES

The provisions of Sections 5.13.1(d) and 5.13.1(d)(ii) shall continue to apply, except in the case of an apartment dwelling containing a maximum of thirty-five (35) dwelling units within the existing main building, in which case parking spaces shall be permitted to exit directly to a lane and the minimum aisle width shall be 3.5 metres.

f) MINIMUM LOT AREA

The provisions of Section 15.2.1(a)(iii) shall continue to apply, except in the case of an apartment dwelling containing a maximum of thirty-five (35) dwelling units within the existing main building, in which case the minimum lot area is 3,070.0 square metres."




are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM1" - Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.1(d)(iv), 5.13.4, and 14.2.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the street and lane allowances,



a) ACCESS TO PARKING AREAS AND SPACES

The provisions of Section 5.13.1(d)(iv) shall continue to apply, except in the case of an apartment dwelling containing four (4) dwelling units, in which case the minimum aisle width shall be 6.5 metres.

b) DIMENSIONS OF PARKING SPACES

The provisions of Section 5.13.4 shall continue to apply, except in the case of an apartment dwelling containing four (4) dwelling units, in which case the minimum rectangular dimensions of a parking space shall be 2.8 metres in width by 5.89 metres in length.

c) MINIMUM LOT AREA

The provisions of Section 14.2.1 shall continue to apply, except in the case of an apartment dwelling containing three (3) dwelling units and an apartment dwelling containing four (4) dwelling units, in which case the following provisions shall apply:

(i) Apartment Dwelling containing Three (3) Dwelling Units:

595.0 square metres in total

(ii) Apartment Dwelling containing Four (4) Dwelling Units:

595.0 square metres in total.

d) BUFFERING

Except in the case of a single detached dwelling, the following provisions shall apply:

(i) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the (northerly) interior side lot line from the rear lot line to a point 6.0 metres from the front lot line.

(ii) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the (southerly) exterior side lot line from the rear lot line to a point 9.0 metres from the rear lot line."

(iii) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the entire length of the (easterly) rear lot line."


"671 NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3-O of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parts of Lots 101 to 103, Registered Plan 522, Parts of Lots 136 to 140 shown as Part 3 on Reference Plan 55R-9502 and portions of the abutting street allowance,

All shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "HL" – Hazard Land Zone and designated as part of the "RE" - Residential Estate Zone."



"672 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot C, Registered Plan 59, and a portion of the abutting street allowance,


are hereby removed from the "OS" - Open Space Zone and designated as part of the "CIN - H" - Community Institutional Zone - Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 3Q and 4Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot C, Registered Plan 59 and a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law

are hereby removed from the "OS" - Open Space Zone and designated as part of the "RM2A" - Residential Multiple Medium Density Zone A.

(3) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 3Q of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot C, Registered Plan 59 and a portion of the abutting street allowance,

as shown as "PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this By-law,


(4) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph (1) of this paragraph in accordance with Section 36 of the Planning Act the following provisions shall apply:

a) Only uses, buildings and structures lawfully existing on the 18th day of August, 2003 shall be permitted;

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings or structures, provided that such strengthening or restoration does not increase the height, size or volume of the said buildings or structures;

c) No new buildings or structures are permitted.


(5) NOTWITHSTANDING the provisions of Sections 5.20a, 38.2.7 and 38.2.8a) of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph,


a) STREET FRONTAGE:

A minimum street frontage of 4.2 metres shall be required.

b) MAXIMUM HEIGHT:

12.0 metres.

c) MAXIMUM NUMBER OF MAIN USES PER LOT:

Two Maximum."



"673 NOTWITHSTANDING the provisions of Sections 5.13.1(b), 5.13.1(d)(ii), 5.13.4, 5.13.9(b), 24.2.3 and 24.2.4 of this By-law or any provisions of this By-law to the contrary, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 219 and 220, Registered Plan M-10,



The provisions of Sections 5.13.1(b) and 5.13.1(d)(ii) shall continue to apply, except that in the case of the building existing on the 22nd day of September 2003:

(i) MINIMUM DRIVEWAY WIDTH

A driveway having a minimum width of 4.9 metres is permitted for two-way traffic,

(ii) MINIMUM AISLE WIDTH

A minimum width of 4.9 metres is required for an aisle leading to angle parking over 45 degrees up to and including 70 degrees.

b) NUMBER OF PARKING SPACES REQUIRED

The provisions of Section 5.13.9(b) shall continue to apply, except that in the case of the building existing on the 22nd day of September 2003, in the case of a "retail store" a minimum of four (4) parking spaces is required.

c) DIMENSION OF PARKING SPACES

The provisions of Section 5.13.4 shall continue to apply, except that the non-complying parking spaces existing on the 22nd day of September 2003, are permitted.



Notwithstanding any provisions of this By-law to the contrary the building existing on the 22nd day of September 2003, is permitted to remain in its present location. Nothing in this By-law shall prevent an extension or addition or the strengthening or restoration to safe condition of all or part of the said building, provided such strengthening or restoration does not further contravene any of the regulation of this By-law."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 476, Registered Plan M-13, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Sections 24.1 and 24.2.8 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this paragraph, excluding the street and lane allowances,


a) PERMITTED USES:

A parking lot accessory to a use permitted in the "GC1" Zone is the only permitted use.

b) BUFFERING:

A privacy fence shall be provided and maintained along the entire length of the northerly interior side lot line. The required fence shall have a minimum height of 0.75 metre and a maximum height of 1.0 metre from the front and rear lot lines to points 6.0 metres from the front and rear lot lines; and a minimum height of 1.6 metres for the distance between the two said points."

BY-LAW 265-2003 Effective Date: July 4, 2004 OMB ORDER 1183


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of Lots 40 and 41, Eastside of Pine Street, Registered Plan 157, designated as Parts 2 and 3 on Reference Plan 55R-1751, and portions of the abutting street allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.


(2) NOTWITHSTANDING the provisions of Sections 23.1, 23.2.5 and 23.2.12 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), excluding the street allowances,


a) PERMITTED USES

The permitted uses are:

- personal service shop

- buildings, structures, or uses accessory to a personal service shop

b) MINIMUM EXTERIOR SIDE YARD

5.2 metres

c) BUFFERING

(i) (i) A privacy fence shall be provided and maintained along the (southerly) interior side lot line. The said fence shall have a minimum height of 1.6 metres from the rear lot line to a point 8.2 metres from the front lot line; and a minimum height of 0.75 metres and a maximum height of 1.0 metre from the said point to the front lot line.

(ii) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the entire length of the (easterly) rear lot line."


"676 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 7P of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, District of Thunder Bay, and being composed of part of Lots 9 and 10 on Registered Plan 1499 and that portion of the South ½ of the North East ¼ Section 52, Township of McIntyre shown on Plan 1499 as 4 unnumbered lots lying east of Lot 10, Plan 1499 and part of Bay Avenue as stopped up and closed by Bill PR-39 and part of the Water Lot in front of the South ½ of the North East Subdivision of Section 52 shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this By-law,

are hereby removed from the "HRI" Harbour Industrial Zone and designated as part of the "HI" Heavy Industrial Zone.

(2) NOTWITHSTANDING the provisions of Section 4.115 and 4.151 of this By-law, in the case of the lands and premises being more particularly described as "PROPERTY LOCATION 1" and " PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law, the following provisions shall apply:

Lot means a parcel of land which is capable of being legally conveyed pursuant to Section 50 of the Planning Act or an area of land that is described as a Lot or a Block within a registered plan of subdivision and that is capable of being conveyed pursuant to Section 50 of the Planning Act, and where such plan of subdivision has not been deemed not to be a plan of subdivision, notwithstanding that such area of land might be a part of a larger unity of ownership.

B -489 December 2010

(3) NOTWITHSTANDING the provisions of Section 5.20a, 34.1 and 34.2.2 of this By-law, in the case of the lands and premises being more particularly described as "PROPERTY LOCATION 1" and" PROPERTY LOCATION 2" on EXHIBIT TWO to and forming part of this By-law, the following provisions shall apply:

a) STREET FRONTAGE

No Street Frontage is required.

b) PERMITTED USES

Only buildings, structures and uses legally existing on the 18th day of February 2002.


0.0 metres

(4) NOTWITHSTANDING the provisions of Section 34.2.1 of this By-law, in the case of the lands and premises being more particularly described as "PROPERTY LOCATION 1" on EXHIBIT TWO to and forming part of this By-law, the following provisions shall apply:


1330 square metres

(5) NOTWITHSTANDING any other provision of this By-law to the contrary, in the case of the lands and premises being more particularly described as "PROPERTY LOCATION 1", "PROPERTY LOCATION 2" and "PROPERTY LOCATION 3", on EXHIBIT TWO to and forming part of this By-law, buildings, structures and uses legally existing on the 18th day of February, 2002 are permitted to remain in their present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings, or structures provided such strengthening or restoration does not increase the height, size or volume of the said buildings."


Effective Date: December 8, 2003 Effective Date: November 22, 2004

"678 (1) NOTWITHSTANDING the provisions of Section 39.1 of this By-law or any provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of the Northwest and Southwest Quarters of Section 50, being the north Part of Part 1 on Reference Plan 55R-10338,




a) PERMITTED USES

In addition to the uses listed in Section 39.1 of this By-law, the following uses are deemed to be included as permitted uses under Section 39.1:

- drugstore - hotel

- laboratory as defined in Section 46.1 b) - motel - restaurant

- veterinary clinic."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 2, south side Bay Street, PA Town Plot, being Parts 1-5, Reference Plan 55R-7998, and portions of the abutting street allowances,


are hereby removed from the "GC1" – General Commercial Zone 1 and designated as part of the "RM2B"- Residential Multiple Medium Density Zone B.

(2) NOTWITHSTANDING the provisions of Section 4.58, 5.13.9b),16.1, 16.2.1, 16.2.4, 16.2.6, 16.2.9 and 16.2.13 of this By-law or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding a portion of the abutting street allowance,


a) DEFINITIONS:

(i) Respite Care Dwelling Unit

Means a dwelling unit intended to provide short-term accommodation for up to four individuals with special needs, at any one time, in a supported setting, as temporary relief to the full-time care-giving family.

(ii) Apartment Dwelling

Means an apartment dwelling containing up to 33 dwelling units and which may include as part thereof a respite care dwelling unit, administrative offices for the non-profit housing corporation and indoor amenity space or facilities for the common use of the apartment residents.

b) NUMBER OF PARKING SPACES REQUIRED:

The provisions of Section 5.13.9b) continue to apply, except in the case of a an apartment dwelling as defined in Subsection 2(a)(ii) above, a minimum of forty-five (45) parking spaces is required.

c) Minimum Lot Area



d) Existing Building:

Notwithstanding any provisions of this By-law to the contrary, the building existing on the 8th day of December, 2003 is permitted to remain in its present location. Nothing in this By-law shall prevent an extension, addition, the strengthening or restoration to a safe condition of all or part of the said building provided that such extension, addition, strengthening or restoration does not further contravene any of the regulations of this By-law.

e) Landscaped Open Space:

A minimum landscaped open space of 8% of the lot area shall be provided."


"681 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 10-G and 11-G of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 1, Registered Plan W-689, and a portion of the abutting street allowance,


are hereby removed from the "CIN" – Community Institutional Zone and designated as part of the "RS" – Residential Suburban Zone.

(2) NOTWITHSTANDING the provisions of Section 10.1 of this By-law or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises described in subparagraph 681 (1) of this By-law, excluding the abutting street allowance


PERMITTED USES

The provisions of Section 10.1 shall apply, except that "residential care unit type I" is not a permitted use."

BY-LAW 9-2004 AMENDED BY-LAW 100-2005

Effective Date: January 19, 2004 Effective Date: August 22, 2005

"682 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 10-G and 11-G of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 17, Concession II, S.K.R., and a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of By-law Number 100-2005, and referred to in this Paragraph 682 as the "Lands",

are removed from the "CIN" – Community Institutional Zone and designated as part of the "RS" – Residential Suburban Zone.

(2) Section 10.1 of this By-law does not apply to the Lands. In its place, the following provisions shall apply:


a) PERMITTED USES:

The following are the only uses permitted on the Lands:

park;

single detached dwelling;

up to four (4) dwelling units within the existing building (as of August 22, 2005); and

buildings, structures or uses accessory to a permitted use listed above."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 37 and Lot 39, Registered Plan 926, and portions of the abutting street allowances,


are hereby removed from the "NC1" – Neighbourhood Commercial Zone 1 and designated as part of the "RM1"- Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.1 b), 5.13.1d) 14.2.4 and 14.2.5 a) of this By-law or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises described in subparagraph (1) of this paragraph, excluding portions of the abutting street allowances,


a) Minimum Driveway Width:

A minimum driveway width of 3.2 metres for one-way or two-way traffic shall be required.

b) Minimum Aisle Width:

A minimum aisle width of 3.2 metres shall be required, for the aisle abutting the parking spaces abutting the existing building.

c) Buffering:

A privacy fence existing on 2nd day of February, 2004 and having a minimum height of 1.6 metres, shall be provided and maintained along the (northerly) interior side lot line, from a point 15.0 metres from the front lot line for a minimum distance of 15.0 metres toward the rear lot line.

(d) Existing Building:

Notwithstanding any provision of this By-law to the contrary, the building existing on the 2nd day of February, 2004 is permitted to remain in its present location. Nothing in this By-law shall prevent an extension, addition, the strengthening or restoration to a safe condition of all or part of the said building provided that such extension, addition, strengthening or restoration does not further contravene any of the regulations of this By-law."



"684 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-S of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 3, Registered Plan 785 and portions of the abutting street allowances,


are hereby removed from the "NC2" – Neighbourhood Commercial Zone 2 and designated as part of the "R2" - Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 13.2.1b), 13.2.2b), and 13.2.7a) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 684(1), excluding the street and lane allowances,



396.0 square metres


13.0 metres

c) Minimum Exterior Side Yard:

The provisions of section 13.2.7a) shall continue to apply, except in the case of the building existing on the 22nd of April, 2004, in which case the minimum exterior side yard is 2.48 metres."


"685 (1) NOTWITHSTANDING the provisions of Sections 13.2.2 c) and 13.2.6 b) of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions, in the case of the lands and premises described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 41 and Lot 42, Block 8, Registered Plan 8,



7.6 metres for each unit.


0.0 metres for the interior side yard along the common lot line and 1.3 metres for the other interior side yard."


"686 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 8-I of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 12, Concession 3, N.K.R., and portions of the abutting street allowances,


are hereby removed from the "FD" – Future Development Zone and designated as part of the "HC-H" – Highway Commercial Zone – Holding.


a) PERMITTED USES

Buildings, structures and uses legally existing on the 19th day of April, 2004."



"688 (1) NOTWITHSTANDING the provisions of Sections 4, 5.13.9 b), 6.1, 6.2.3 b), 6.2.5 b) and 6.2.8 b) ii) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of NE Section 25 and Part of the N1/2 of the NE ¼ of Mining Location 28, White's Survey, less Parts 1-4 Reference Plan 55R-11873,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, the following provision(s) shall apply:

a) DEFINITIONS:

(i) Retail Garden Centre

Means the use of land, buildings, and/or structures for:

a) the growing and/or storage of plants, flowers, shrubs, bushes, trees, water plants, etc.; and/or

b) providing greenhouse and nursery related services; and/or

c) the wholesale and/or retail display and/or sale of one or more of the following:

i. plants, flowers, shrubs, bushes, trees, artificial flowers/plants, water plants;

ii. plant soils, fertilizers;

iii. garden utensils, yard furniture, decorative yard products;

iv. yard pools and pool equipment;

v. crafts, craft goods and supplies; and/or

vi. yard/home décor items;


and/or

(d) the carrying out of special seasonal events, including

i. craft sales;

ii. seasonal displays (such as Christmas displays); and/or

iii. sale of seasonal items (such as Christmas trees and decorations);

and/or

e) the following as accessory uses:

i. administrative areas;

ii. coffee and/or snack/restaurant areas;

iii. classes or instructional workshops in associated activities (including crafts, gardening, etc.); and/or

iv. recreational areas (including but not limited to a mini-putt golf area and a viewing/petting zoo).

(ii) Indoor Retail Sales Area

Means the total indoor gross floor area of all enclosed buildings or structures accessible to the public and devoted to display and sale of plants, goods and merchandise.

(iii) Outdoor Plant Display Area

Means the total outdoor area, including the area under unenclosed structures, accessible to the public and devoted to display and sale of plants, goods and merchandise.

(iv) Growing Area

Means the total indoor gross floor area of all buildings or structures used for the growing of plants where such buildings or structures are not accessible to the public. The term excludes the area of any temporary greenhouses that are assembled and disassembled annually.

(b) PERMITTED USES:

i) "Greenhouse" or "Nursery" is not a permitted use.

ii) In addition to the uses listed in Section 6.1, a "retail garden centre" as defined in subparagraph 688 (a) ii) with a maximum indoor retail floor area not exceeding 6,000 square metres and a maximum indoor retail floor area floor area not exceeding the equivalent of 40 percent of the size of the growing area, whichever is the lesser, is deemed to be included as a permitted use under Section 6.1.

(c) Accessory Uses:

All buildings and structures associated with growing areas shall be deemed to be accessory.


(d) OFF-STREET PARKING REQUIREMENTS:

(i) A minimum of 180 on-site parking spaces be provided;

(ii) On-site parking be provided at the rate of one parking space for every 37 square metres of indoor retail floor area, one parking space for every 55 square metres of outdoor plant display area; and one parking space for every 372 square metres of growing area;

(e) Buffering:

A buffer strip, unoccupied by any buildings or structures and having a minimum width of 3.0 metres, shall be provided and maintained along the front lot line between the two most southerly driveway entrances;

(f) Existing Buildings:

The buildings and structures existing on the 17th day of May 2004, are permitted to remain in their existing locations, and nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said existing buildings."


"689 (1) NOTWITHSTANDING the provisions of Sections 15.1, 15.2.1, 15.2.2, 15.2.6, 15.2.13 and 15.2.14 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 23-25, 35-36 and Parts of Lots 26, 34 and 37 and Part of the closed Lane, Block A, Registered Plan 122, all described as Part 1, Reference Plan 55R-8085,

All shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, the following provisions shall apply:

a) PERMITTED USES

In addition to the uses permitted in Section 15.1 of this by-law, a group residence is also deemed to be a permitted use under Section 15.1.

b) Landscaped Open Space:


c) Buffering:

A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the northerly interior side lot line from a point 6.0 metres from the front lot line, to a point 6.0 metres from the rear lot line.

d) REGULATIONS:

The provisions of Sections 15.1, 15.2.1, 15.2.2, 15.2.6, 15.2.13 and 15.2.14 of this By-law shall continue to apply, and in the case of a group residence in which case the following provisions shall apply:


Group Residence




Group Residence

30.0 metres.

(iii) Minimum Interior Side Yard for a Group Residence:

3.0 metres for each interior side yard.

(iv) Separation Distance for a Group Residence

No group residence shall be located closer than 240 meters from the boundary of a lot of any other group residence and/or any other Residential Care Unit Type I or Type II."


"690 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 8-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Registered Plan 803 and portions of the abutting street allowance,


are hereby removed from the "RM2A" – Residential Multiple Medium Density Zone A and designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Section 5.13.9, 23.1, and 23.2.12 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 690(1), excluding the street allowance,



The provisions of section 5.13.9 shall continue to apply, except that a minimum of 1.28 spaces per dwelling unit is required.

b) PERMITTED USES:

The provisions of section 23.1 shall continue to apply, except that the minimum amount of ground floor area of the building devoted to a non-residential use shall be 48% when combined with dwelling units.

c) Buffering:

A privacy fence shall be provided and maintained along the entire length of the easterly interior lot line. The fence shall have a minimum of height of 0.75 metres and a maximum height of 1.0 metre from the front lot line to a point 7.5 metres from the front lot line and a minimum height of 1.6 metres from the said point to the rear lot line.

d) Landscaped Open Space:

A minimum of 9% of the area of the lot shall be maintained as landscaped open space."



"691 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 4-S of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 19 and 20, Block B, Registered Plan 269 and portions of the abutting street and lane allowances


are hereby removed from the "NC2" – Neighbourhood Commercial Zone 2 and designated as part of the "RM1" – Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Section 5.13.1(d), 5.13.9(a),14.1, 14.2.4, 14.2.5, 14.2.11 and 14.2.13 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 691(1), excluding the street and lane allowances,


a) PERMITTED USES:

The provisions of Section 14.1 shall continue to apply except in the case of the building existing on the 21st day of June, 2004, in which case an apartment dwelling containing a maximum of eight (8) dwelling units is permitted.

b) Existing Building:

Notwithstanding any provisions of this By-law to the contrary, the building existing on the 21st day of June, 2004 is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided such strengthening or restoration does not increase the height, size or volume of the said building.


The provisions of section 5.13.9(a) shall continue to apply, except in the case of the building existing on the 21st day of June, 2004, in which case a minimum of seven (7) parking spaces shall be provided and maintained.

d) Access to Parking Areas and Spaces:

The provisions of section 5.13.1(d) shall continue to apply, except for the building existing on the 21st day of June, 2004, in which case the parking spaces located in the front yard shall be permitted to exit directly to a street.

e) Maximum Lot Coverage:

The provisions of Section 14.2.11 shall continue to apply except in the case of the building existing on the 21st day of June, 2004, in which case the maximum lot coverage is 50.0%.

f) Landscaped Open Space:

The provisions of Section 14.2.13 shall continue to apply except in the case of the building existing on the 21st day of June, 2004, in which case the provisions of Section 14.2.13 do not apply."



"692 (1) NOTWITHSTANDING the provisions of Sections 33.1, 5.1, 5.13 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay and being composed of Part of Lot 32, Plan M-177, being Part 1 on Reference Plan 55R-1625,


a) PERMITTED USES

The provisions of Section 33.1 shall continue to apply except in the case of the building existing on the 21st day of June, 2004, in which case a personal service shop with a maximum of two (2) employees is deemed to be included as a permitted use under Section 33.1.


The provisions of Section 5.13 shall continue to apply except in the case of the building existing on the 21st day of June, 2004, in which case the following shall apply:

(i) A minimum of seven (7) parking spaces shall be provided and maintained.

(ii) Each parking space shall be permitted to exit directly to a street.

(iii) The parking spaces associated with the main floor use may be located in tandem with the parking spaces required for the second floor dwelling unit.

c) ACCESS REGULATIONS

No access to a parking area shall be located closer than 6.0 metres from the intersection of two streets measured from a point where the two street lines intersect.


The building existing on the 21st day of June, 2004, is permitted to remain in its present location."


"693 (1) NOTWITHSTANDING the provisions of Sections 4.115, 6.1, 6.2.8(a), 6.2.8 (b)(i) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portion of Mining Location F, Scott's Survey, Part of Mining Location E, Scott's Survey, and Portion of Mining Location I, Scott's Survey,


a) PERMITTED USES

In addition to the uses listed in Section 6.1 of this By-law, a cottage dwelling is deemed to be included as a permitted use under Section 6.1.


b) LOT

The provisions of this By-law shall apply collectively to the lands described in subparagraph 693(1) of this paragraph.


(i) Uses:

one only except that a dwelling unit for an essential workman, owner or caretaker and one cottage dwelling may also be allowed.

(ii) Buildings:

a) single detached dwelling which may include personal farming and cottage dwelling:

one of each."


Effective Date:

OMB ORDER PL040835 – May 11, 2005

"695 (1) NOTWITHSTANDING the provisions of Section 6.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Southwest ¼ Section 3, Township of McIntyre, (Dragon Hills

Golf Course)



a) PERMITTED USES

In addition to the uses listed in Section 6.1 of this By-law, golf course is also a permitted use.

(2) NOTWITHSTANDING the provisions of Section 6.1 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Lot 3, Registered Plan 71, Section 56, Township of McIntyre, (Northern Lights Golf Course)



a) PERMITTED USES




ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Northeast ¼ Section 31, White's Survey, Township of McIntyre, as in TB339599, TB290778, and Part 1 on Reference Plan 55R-11885, Part 1 of Reference Plan 55R-11861, Part 2 of Reference Plan 55R-3916, Parts 1 and 2 of Reference Plan 55R-4572, and Parts 5, 7, and 9 of Reference Plan 55R-10913; Part of Northwest ¼ Section 32, Whites Survey, Township of McIntyre, as is TB262484; Part of Mining Location 27, White's Survey, Township of McIntyre, as in TB200524 and TB 152039; and Part of Mining Location 28, White's Survey, Township of McIntyre, Part 2 of Reference Plan 55R-6438, (Centennial Golf Course and surrounding lands)

all shown as "PROPERTY LOCATION" on EXHIBIT THREE to and forming part of this By-law,


a) PERMITTED USES



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Mining Location "E", Part of Mining Location "F", Part of Mining Location "I" and Part of Mining Location "K", Township of McIntyre, Scott's Survey, (Owen Golf Course)

all shown as "PROPERTY LOCATION" on EXHIBIT FOUR to and forming part of this By-law,


a) PERMITTED USES



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Section 46, Township of McIntyre, as in TB286134 and MC19886, except as in TB144969 and Part 1 of P-2855-10; Part of Section 46, Township of McIntyre, as in MC17743, being East of lands described in TB365697; Part of Section 47, Township of McIntyre, Parts 1 and 2 of Reference Plan 55R-11758 and as in TB220659, TB355487, TB155020, TB173248 and TB355486, except Parts 1 and 2 of Reference Plan 55R-8600; and Part of Southwest ¼ Section 44, Township of McIntyre, as in TB272821, (lands north of Oliver Road and West of Gratton Road)

all shown as "PROPERTY LOCATION" on EXHIBIT FIVE to and forming part of this By-law,



b) PERMITTED USES

In addition to the uses listed in Section 6.1 of this By-law, golf course is also a permitted use."


"696 NOTWITHSTANDING the zone designation thereof as shown on Zoning Maps 7-K, 8-J and 8-K of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block B and Part of Block C, Registered Plan W-689, designated as Parts 68-71, Reference Plan 55R-11100 and portions of the abutting street allowances,


are hereby removed from the "R2A" – Residential Two Unit Zone and designated as part of the "R2" – Residential One and Two Unit Zone."


"697 NOTWITHSTANDING the provisions of Section 5.7, 5.13.9, 22.1, 22.2.2, 22.2.4, 22.2.5a), and 22.2.9 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 11 and 12, Block 14, Registered Plan 8,


a) PERMITTED USES:

The provisions of Section 22.1 shall continue to apply, and in addition, the following uses are permitted:

- a Duplex Dwelling (as defined in Section 4.59(d) of this By-law), within the building existing on July 19, 2004.

- a Home Occupation (as Defined in Section 4.95 of this By-law) within the Dwelling Unit on the main floor, together with that portion of the building existing on July 19, 2004 that was formerly used as a variety store.


Notwithstanding any provisions of this By-law to the contrary, the building existing on the 19th day of July 2004 is permitted to remain in its present location. Nothing in this By-law shall prevent an extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any of the regulations of this By-law.

c) HOME OCCUPATION:

The provisions of Section 5.7 shall continue to apply, except in the case of the scrap-booking home occupation operated within the main floor dwelling unit of the building existing on the 19th day of July, 2004, where the retail sale of goods and instructional classes are also permitted and the area devoted to the home occupation shall be no greater than 27% of the gross floor area of the main floor dwelling unit.


d) Buffering:

A privacy fence shall be provided and maintained along the entire length of the northerly interior lot line. The fence shall have a minimum of height of 0.75 metres and a maximum of 1.0 metre from the front lot line to a point 6.0 metres from the front lot line and a minimum of 1.6 metres from the said point to the rear lot line."

BY-LAW 230-2004 Effective Date: August 30, 2008 OMB ORDER PL040974 December 17, 2007 OMB FILE NUMBER: R040217

"698 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 6-K and 6-L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 10 and Part of Lots 11 and 13, Plan 760, saving and excepting Part 6 on Reference Plan 55R-734, and portions of the abutting street allowances,


are removed from the "RS" – Residential Suburban Zone and are instead designated as part of the "PBP " – Prestige Business Park Zone.

(2) NOTWITHSTANDING the provisions of Sections 4, 5.13.1, 5.13.9, 46.2, and 46.3.12 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises shown as "PROPERTY LOCATION" on EXHIBIT ONE, excluding the portions of the abutting street allowances,

the following provision(s) shall apply:

a) DEFINITIONS:

In addition to the definitions contained in Sections 4 and 46.1 of this By-law, the following definition applies:

Travel Plaza

Means the use of land, or building or structure where vehicle fuel, including propane or lubricants, is offered for sale but where no provision is made for the repair or maintenance of vehicles or the storage or drop-off of trailers. A travel plaza may also include any one or more of the following:

- restaurant

- variety store

- personal service facilities which may include showers, clothes washers and dryers, and business and rest lounges for the purpose of serving the traveling public.


The provisions of Section 5.13.1 shall continue to apply, and in addition, in the case of a "travel plaza," the more northerly driveway accessed from Burwood

Road may have a maximum width of 13.0 metres and the more southerly driveway accessed from Burwood Road may have a maximum width of 40.6 metres.



The provisions of Sections 5.13.9 and 46.3.12 shall continue to apply, and in

addition, in the case of a "travel plaza" the number of parking spaces shall be provided in accordance with the following:

(i) A minimum of 100 spaces and a maximum of 109 spaces having a length not greater than 6.0 metres, and an area not less than 16.8 square metres and not greater than 22.2 square metres;

(ii) (ii) A minimum of 18 spaces and a maximum of 19 spaces having a length not less than 11 metres and not greater than 24.6 metres, and an area not less than 40.0 square metres and not greater than 91.0 square metres;

(iii) (iii) A minimum of 90 spaces and a maximum of 96 spaces having a length not less than 20 metres and not greater than 21 metres, and an area not less than 73.0 square metres and not greater than 77.0 square metres.

d) PERMITTED USES:

The provisions of Section 46.2 shall continue to apply, and a "travel plaza" is deemed to be included as a permitted use under Section 46.2."


"699 (1) NOTWITHSTANDING the provisions of Sections 5.16, 5.20a) and 10.2.2b) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Portion of Block 60, Plan 55M-520,

shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,


a) PUBLIC UTILITY

No buildings or structures associated with the water reservoir shall exceed a maximum gross floor area of 465 square metres in total.

b) STREET FRONTAGE

No Street Frontage is required.

c) Minimum Lot Frontage

No Lot Frontage is required."


"700 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 7-L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Portion of Section 53, and portions of the abutting street allowances,



are removed from the "RS" – Residential Suburban Zone and are instead designated as part of the "R1-H" – Residential One Unit Zone – Holding.

(2) NOTWITHSTANDING the provisions of Section 5.5 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 700(1), excluding a portion of the abutting street allowance,


a) HAZARD LANDS

No setback shall be required from the boundary of the Hazard Land Zone."

Note: By-law 052-2009 amends By-law 251-2004 Paragraph “700” removes H-symbol


"701 NOTWITHSTANDING the provisions of Section 39.1, 39.2.3, 39.2.5, 39.2.6 and 39.2.8b) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Concession 3, N.K.R., Part of Lot 4, designated as Parts 1-17 on Reference Plan 55R-1355,


a) PERMITTED USES:

The provisions of Section 39.1 shall continue to apply, and in addition, the following use is permitted:

- Single Detached Dwelling, within each of the four main buildings existing on October 18, 2004.

b) Existing Buildings:

Notwithstanding any provisions of this By-law to the contrary, the four main buildings existing on the 18th day of October 2004 are permitted to remain in their present locations. Nothing in this By-law shall prevent an extension or the strengthening or restoration to a safe condition of all or part of the said main buildings, provided that such extension or strengthening or restoration does not further contravene any of the regulations of this By-law."


"702 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-L and described in Paragraph 367(1) of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 11, Registered Plan 371, being Part 2 on Reference Plan 55R-11612,


are hereby removed from the "R2-H" – Residential One and Two Unit Zone - Holding and designated as part of the "R1A-H" – Residential One Unit Zone A – Holding.

(2) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 4-L and described in Paragraph 368(1) of this By-law, the lands and premises being more particularly described as follows, namely:


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 11, Registered Plan 371, being Part 2 on Reference Plan 55R-11612,


are hereby removed from the "R2-H" – Residential One and Two Unit Zone - Holding and designated as part of the "OS-H" – Open Space Zone – Holding.

(3) NOTWITHSTANDING the provisions of Sections 5.20a) and 40.2.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in Paragraph 702(2),


a) Street Frontage:

4.0 metres.


4.0 metres."

By-law 066-2006 amends By-law 264-2004, Paragraph "702" removes H-symbol


"703 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 6-L and 7-L of this By-law, the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the Northeast Quarter of Section 54, designated as Part 1 on Reference Plan 56R-743, and portions of the abutting street allowance,

all shown as "PROPERTY LOCATION" (which is further subdivided into parcels "P1", "P2" and "P3") on EXHIBIT ONE to and forming part of this By-law,

are removed from the "RF1" – Residential Future Zone 1 and designated as part of the "PBP-H" – Prestige Business Park Zone – Holding.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until the "H" holding symbol is removed from the lands described in subparagraph 703(1) in accordance with Section 36 of the Planning Act, the following provisions shall apply:

a) Only uses, buildings and structures lawfully existing on the 24th day of January, 2005, shall be permitted.

b) No new buildings or structures are permitted.

(3) NOTWITHSTANDING the provisions of Sections 5.20a and 46.3.2 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 703(1), the following provisions shall apply:

a) Street Frontage

0.0 metres.



0.0 metres."


"705 (1) NOTWITHSTANDING the provisions of Sections 5.13.1(c), 5.13.1(d), 5.13.9, 14.2.3, 14.2.4, 14.2.5(a) and 14.2.11 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 30, East Side of Archibald Street, Registered Plan W-141,





b) PARKING SPACES REQUIRED

The provisions of 5.13.9 shall continue to apply, except that a minimum of 1.0 parking space per dwelling unit is required.

c) MINIMUM LOT DEPTH

29.0 metres.

d) MINIMUM FRONT AND REAR YARD

The provisions of 14.2.4 shall continue to apply, except that a minimum combined front yard and rear yard of 12.5 metres shall be maintained and a minimum front yard of 5.75 metres shall be required for the main building existing on the 15th day of November, 2004.

e) MINIMUM EXTERIOR SIDE YARD

A minimum exterior side yard of 1.0 metres shall be required for the main building existing on the 15th day of November, 2004.

f) MAXIMUM LOT COVERAGE

42%.

(2) NOTWITHSTANDING the provisions of Sections 5.13.1(c), 5.13.1(d), 5.13.9, 14.2.1(a), 14.2.3, 14.2.4 and 14.2.11 of this By-law, or any other provision of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 29 and Part of Lot 30, East Side of Archibald Street, Registered Plan W-141,






b) PARKING SPACES REQUIRED

The provisions of 5.13.9 shall continue to apply, except that a minimum of 1.0 parking space per dwelling unit is required.

c) MINIMUM LOT AREA

529.0 square metres for either a 3 or 4 unit apartment dwelling.

d) MINIMUM LOT DEPTH

29.0 metres.

e) MINIMUM FRONT AND REAR YARD

The provisions of 14.2.4 shall continue to apply, except that a minimum combined front yard and rear yard of 14.5 metres shall be maintained.


42%."


"706 (1) The following parcel of land within the City of Thunder Bay, in the District of Thunder Bay:

a portion of the West Part of Lot 20, Concession 4, N.K.R., now described as Part 2 on Reference Plan 55R-8322, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "HL" – Hazard Land Zone, as shown on Zoning Map 8-F, and is instead designated as part of the "RS" – Residential Suburban Zone.

(2) The provisions of Section 5.5 of this By-law do not apply to the lands described in subparagraph 706(1) of this paragraph."


"707 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 5-O of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 181 to 184, Part of Lots 185 and 204, Lots 205 to 208, Registered Plan M-28, and Part Lanes and Part of Madeline Street, designated as Parts 5 to 9 on Reference Plan 55R-12236, and a portion of the abutting street allowances,


are hereby removed from the "NIN" – Neighbourhood Institutional Zone and designated as part of the "RM2B" Residential Multiple Medium Density Zone B.


(2) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 707(1), excluding the abutting street allowance, the following provisions shall apply:


32

b) Maximum Number of Storeys:

4."


"708 (1) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as Part of Lot 185, Lots 186 to 190, and Part of Lots 199 to 204, Registered Plan M-28, and Part of Lanes and Part of Madeline Street, designated as Parts 10 to 18 on Reference Plan 55R-12236,


(a) Permitted Uses

In addition to the uses permitted in Section 37.1 of this By-law, a community clinic is deemed to be included as a permitted use under Section 37.1.

(b) Maximum Number of Stories

A community clinic may have a maximum of one storey.

(c) Buffering:

A privacy fence shall be provided and maintained along the entire length of the northerly side lot line."


"709 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 4-P of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 68 and 69, Registered Plan 203, and portions of the abutting street and lane allowances,


are hereby removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 5.13.9(a), 15.2.1(a)(iii), 15.2.4 and 15.2.13 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 709(1), excluding portions of the abutting street and lane allowances,




The provisions of Section 5.13.9(a) shall continue to apply, except in the case of the building existing on the 18th day of April, 2005, in which case a minimum of 1.14 parking spaces per dwelling unit is required.


The provisions of Section 15.2.1(a)(iii) shall continue to apply, except in the case of the building existing on the 18th day of April, 2005, in which case the minimum lot area is 756 square metres.


2.4 metres


The provisions of Section 15.2.13 shall continue to apply, except in the case of the building existing on the 18th day of April, 2005, in which case a minimum of 3% of the area of the lot shall be maintained as landscaped open space."


"710 (1) The following parcel of land (referred to in this paragraph as the “Affected Land”) within the City of Thunder Bay, in the District of Thunder Bay:

Part of Lots 13 and 14, Block 20, Plan 121 designated as Part 2 on Reference Plan 55R-5918 and portions of the abutting street and lane allowances,


is removed from the "RM2A" Residential Multiple Medium Density Zone A, as shown on Zoning Map 4-Q, and is instead designated as part of the "R2A" – Residential Two Unit Zone.

(2) The provisions of Sections 13A.1 and 13A.2.4 of this By-law do not apply to the main building existing on the 18th day of October, 2004 on the Affected Land. In addition to all other provisions of this By-law, the Affected Land, excluding portions of the abutting street and lane allowances, are subject to the following provisions:

a) PERMITTED USES:

The provisions of Section 13A.1 apply, except in the case of the main building existing on the on the 18th day of October, 2004, in which case a motel containing a maximum of ten (10) units is permitted.

b) EXISTING BUILDING:

The main building existing on the 18th day of October, 2004, is permitted to remain in its present location. Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said building, provided that such strengthening or restoration does not increase the height, size, or volume of the said building."


By-law 34-2005 Dismissed (approved) Effective Date: Decision Order No. 0251 –January 24, 2006 OMB Order PL050609 – PL050672

"711 (1) The following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:

Part of Block L, Plan M308; Part of Block K and Part of Block L, Plan M263, designated as Parts 1 to 4 on Reference Plan 55R-2693, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "CSC" – Commercial Shopping Centre Zone, as shown on Zoning Map 4-N, and is instead designated as part of the "CSC-H" – Commercial Shopping Centre Zone - Holding.

(2) Until the "H" holding symbol is removed from the Affected Land, in accordance with Section 36 of the Act, the following provision shall apply:

a) Only uses, buildings and structures lawfully existing on the 16th of May, 2005 are permitted.

(3) The provisions of Section 26.1 of this By-law continue to apply to the Affected Land.

In addition to all other provisions of this By-law, the Affected Land is subjected to the following provisions:

a) DEFINITIONS

FITNESS CENTRE:

"means a use of land building or structure in which fitness and athletic facilities are provided, including but not limited to exercise equipment, exercise programs and/or physical fitness consultation, and may include accessory uses such as a retail store, office, lounge, health food shop and juice bar."

b) PERMITTED USES

A "fitness centre" is a permitted use."

BY-LAW 051-2005 Effective Date: July 18, 2005 Effective Date: August 15, 2006 OMB Dismissed – Order #2290 OMB File No. R050217

"712 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 4-M and 5-M of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 213, Part of Lot 214, and Part of Lane (Closed by By-law No. 6-1986), Registered Plan 643, designated as Parts 1, 2, 3, and 4 on Reference Plan 55R-11897, and portions of the abutting street allowances,


are removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 712(1), excluding portions of the abutting street allowances,



a) Maximum Number of Dwelling Units

8, in 2 four unit dwellings

b) Maximum Height

Shall not exceed 2 storeys to a maximum height of 11.0 metres."


"714 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 4-H and 5-H of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Mining Location "H", Scott's Survey, as in MCI5213, NW of John Street, and portions of the abutting street allowances,


are removed from the "OS" – Open Space Zone and designated as part of the "RE" – Residential Estate Zone."


"716 (1) The following parcel of land (referred to in this paragraph as the "Affected Land" within the City of Thunder Bay, in the District of Thunder Bay

a Portion of Part of Lots 24 and 25, Concession II, N.K.R., including Part 2, on Reference Plan 55R-1490, Part 2, on Reference Plan 55R-1895 and Part 1, on Reference Plan 55R-3911, and a portion of the abutting road allowance, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RU" – Rural Area Zone, as shown on Zoning Maps 8-D and 9-D, and is instead designated as part of the "RS – H" Residential Suburban Zone.


a) Only uses, buildings and structures lawfully existing on the 20th of June, 2005 are permitted."

*NOTE:

By-law 047-2008 amends By-law 84-2005, Paragraph "716" - removes H-Symbol



Portion of Part of Lot 25, Concession II, N.K.R., being Part 1 on Reference Plan 55R-1895, and a portion of the abutting road allowance, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RU" – Rural Area Zone, as shown on Zoning Maps 8-D and 9-D, and is instead designated as part of the "RS" Residential Suburban Zone."



"718 (1) The lands and premises described as follows, namely:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 26 and portions of Lots 25 and 27, Registered Plan 225 and portions of the abutting street and lane allowances,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, and referred to in this By-law as the "Lands",

are removed from the "GC1" – General Commercial Zone 1, as indicated on Zoning Maps 5–O and 5-P of this By-law, and designated instead as part of the "R2" – Residential One and Two Unit Zone.

(2) DESPITE any provisions of Section 5.13.9(a), 13.1, 13.2.1b) 13.2.2b) and 13.2.10 of this By-law, or any other provisions of this By-law, to the contrary, and in addition to all other provisions of this By-law, in the case of the Lands, excluding the street and lane allowances,


a) PERMITTED USES:

The provisions of Section 13.1 continue to apply except in the case of the building existing on the 16th day of May, 2005, in which case an apartment dwelling containing a maximum of six (6) dwelling units is also a permitted use.


Despite any provisions of this By-law to the contrary, the building existing on the 16th day of May, 2005 is permitted to remain in its present location.

c) PARKING SPACES REQUIRED:

The provisions of Section 5.13.9(a) continue to apply, except in the case of the building existing on the 16th day of May 2005, in which case a minimum of six (6) parking spaces shall be provided and maintained.

d) MAXIMUM LOT COVERAGE:

The provisions of Section 13.2.10 continue to apply except in the case of the building existing on the 16th day of May, 2005, in which case the maximum lot coverage is thirty nine (39%) percent.

e) MINIMUM LOT AREA:

The provisions of Section 13.2.1b) continue to apply except in the case of the building existing on the 16th day May, 2005, in which case the minimum lot area is four hundred eighty (480 m2) square metres.

f) MINIMUM LOT FRONTAGE:

The provisions of Section 13.2.2b) continue to apply except in the case of a building existing on the 16th day of May, 2005, in which case the minimum lot frontage is twelve point nine (12.9m) metres."



Lots 21 and 22, Registered Plan 269 and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,


is removed from the "GC1" –General Commercial Zone 1, as shown on Zoning Map 4-S, and is instead designated as part of the "RM1" – Residential Multiple Low Density Zone.

(2) The portions of the street and lane allowances abutting the Affected Land and shown as "PROPERTY LOCATION TWO" on EXHIBIT ONE to and forming part of this By-law, are removed from the "NC2" – Neighbourhood Commercial Zone 2, as shown on Zoning Map 4-S, and are instead designated as part of the "RM1" – Residential Multiple Low Density Zone.

(3) Notwithstanding the provisions of Sections 5.13.9a), 14.2.1e), 14.2.4, and 14.2.5(a) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the Affected Land, the following provisions shall apply:

a) Existing Building:

The foundation existing on the 22nd day of August, 2005 is permitted to remain in its present location. Nothing in this By-law shall prevent the extension, or the strengthening or restoration to a safe condition of all or part of the foundation, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.


The provisions of Section 14.2.1e) shall continue to apply, except in the case of a group townhouse dwelling with a maximum of 4 dwelling units constructed on the foundation existing on the 22nd day of August, 2005, in which case the minimum lot area is 650.3 m².

c) OFF-STREET PARKING REQUIREMENTS:

A minimum of 1.0 parking space per dwelling unit shall be provided and maintained for a group townhouse containing a maximum of 4 dwelling units constructed on the foundation existing on the 22nd day of August, 2005."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 2 and 3, Block 'D', Registered Plan W-61, and Part of Lot 896, Registered Plan W-356, and a portion of the abutting street allowance,


are removed from the "R2"- Residential One and Two Unit Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Sections 5.12.4(a), 5.13.1(d)(iv), 5.13.9(a) and 15.2.4 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 720(1), excluding portions of the abutting street allowance,


a) Number of Loading Spaces Required:

The provisions of Section 5.12.4(a) shall continue to apply, except in the case of the building existing on the 19th day of September, 2005, in which case no loading space is required.



The provisions of Section 5.13.1(d)(iv) shall continue to apply, except in the case of the building existing on the 19th day of September, 2005, in which case the minimum aisle width leading to parking spaces shall be 6.0 metres.


The provisions of Section 5.13.9(a) shall continue to apply, except in the case of the building existing on the 19th day of September, 2005, in which case a minimum of 13 parking spaces shall be provided and maintained.


6.0 metres."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 11, Registered Plan 198A, and portions of the abutting street and lane allowances,


are removed from the "NIN" – Neighbourhood Institutional Zone and designated as part of the "R2" – Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.13.9, 13.1, 13.2.4, and 13.2.7(a) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 721(1), excluding portions of the abutting street and lane allowances,



The building existing on the 23rd day of January, 2006 is permitted to remain in its present location. Nothing in this By-law shall prevent the extension, or the strengthening or restoration to a safe condition of all or part of the building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) Permitted Uses:

The provisions of Section 13.1 shall continue to apply, except in the case of the building existing on the 23rd day of January, 2006, in which case a religious institution is also a permitted use.


The provisions of Section 5.13.9 shall continue to apply, except in the case of a religious institution, in which case no parking spaces shall be required."



"722 (1) The following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay: Part Lot 20, Registered Plan 760, designated as Parts 1 & 2 on Reference Plan 55R-1340 and the portion of the abutting street allowance, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RS"- Residential Suburban Zone, as shown on Zoning Map 6-L, and is instead designated as part of the "PBP-H" – Prestige Business Park Zone – Holding.


a) Only uses, buildings and structures lawfully existing on the 12th of December, 2005 are permitted.

The provisions of Sections 46.2 of this By-law continue to apply to the Affected Land, excluding the portion of the abutting street allowance. In addition to all other provisions of this By-law, the Affected Land is subject to the following provision:

a) PERMITTED USES:

A "Community Clinic" is a permitted use."



"723 The following parcel of land (referred to in this paragraph as the "Affected Land" within the City of Thunder Bay, in the District of Thunder Bay:

Lot 293-297, Parts of Lots 298, 299, 332, Registered Plan 447 and Part Lane (closed b/l 4132) and Part Mooney Avenue (closed b/l 3253), and the abutting street allowance,


is removed from the "HI"- Heavy Industrial Zone as shown on Zoning Map 7-O and is instead designated as part of the "GC2" – General Commercial Zone 2."


"724 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6N of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 2434 to 2441, Plan M-42 and a portion of 9th Avenue closed and a portion of a lane closed, and the abutting street allowances,


are removed from the "LIP" Light Industrial Park Zone and designated as part of the "HC" Highway Commercial Zone."


"725 (1) The following parcel of land (referred to in sub-paragraphs (2) and (4) as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:


Parts of Lots 1, 2 and 3, Registered Plan 801, and portions of the abutting street allowance, all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to this paragraph,

is removed from the "HC"- Highway Commercial Zone as shown on Zoning Map 4-N and is instead designated as part of the "R2"- Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 13.2.2 c) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the Affected Land,

The following provision shall apply:


The minimum lot frontage for a duplex dwelling or a semi-detached dwelling is 8.6 metres for each unit.

(3) NOTWITHSTANDING the provisions of Section 13.2.7 b) of this Bylaw, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of that portion of the Affected Land described as Part of Lot 3, Registered Plan 801,


EXISTING BUILDINGS:

The buildings existing on the 20th day of March, 2006 are permitted to remain in their present locations. Nothing in this By-law shall prevent the strengthening or restoration to safe condition of all or part of the said buildings, provided that such strengthening or restoration does not further contravene any regulations of this By-law.

(4) NOTWITHSTANDING the provisions of Sections 5.2.4 h), 27.1 b), 27.2.1 c), 27.2.2 c), 27.2.3, 27.2.4 and 27.2.6 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands described as,

Part of Lot 6, Registered Plan 770, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to this paragraph,


a) PERMITTED USES:

The provisions of Section 27.1 b) continue to apply except in the case of the main building existing on the 20th day of March, 2006, in which case a two unit dwelling is also a permitted use.


545 square metres.


21.3 metres.

d) EXISTING BUILDINGS:

The buildings existing on the 20th day of March, 2006 are permitted to remain in their present locations. Nothing in this By-law shall prevent the strengthening or restoration to safe condition of all or part of the said buildings, provided that such strengthening or restoration does not further increase the height, size or volume of the said buildings."




A portion of Lot 13, Plan 371 and a portion of the abutting road allowance, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RE" – Residential Estate Zone, as shown on Zoning Map(s), 4K and 4L and is instead designated as part of the "NIN-H"– Neighbourhood Institutional Zone – Holding.


a) Only uses, buildings and structures lawfully existing on the 10th day of April, 2006 are permitted.

b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings and structures, provided that such strengthening or restoration does not increase the height, size, or volume of the said buildings and structures.

c) No new buildings and structures are permitted."




A portion of Lot 13 and all of Lot 14, Plan 371 and Part of Mining Location R1 and a portion of the abutting road allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE tio and forming part of this By-law,

is removed from the "RE" – Residential Estate Zone, as shown on Zoning Map(s), 4K and 4L and is instead designated as part of the "R1-H"– Residential One Unit Zone - Holding.


a) Only uses, buildings and structures lawfully existing on the 10th day of April, 2006 are permitted.


c) No new buildings and structures are permitted."


By-law 043-2010 amends By-law 116-2008 Paragraph “727” removes H-symbol




"728 (1) In addition to all other provisions of this By-law the following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:

Lot 385, Registered Plan WM-10,

is subject to the following provisions:

The provisions of Sections 5.2.4(d)(ii), 5.13.1(d)(iv), 5.13.9(a), 13.1, 13.2.7(b), and 13.2.10 of this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subjected to the following provisions:

a) Existing buildings:

The buildings existing on the 10th day of April, 2006, are permitted to remain in their present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said buildings, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) PERMITTED USES:

The provisions of Section 13.1 shall continue to apply, except in the case of the main building existing on the 10th day of April, 2006, in which case an "apartment dwelling containing a maximum of three dwelling units" is a permitted use.

c) Maximum Lot Coverage:

The provisions of Section 13.2.10 shall continue to apply, except in the case of an "apartment dwelling containing a maximum of three dwelling units" in the building existing on the 10th day of April, 2006, in which case the maximum lot coverage shall be 45%.

d) OFF-STREET PARKING REQUIREMENTS:

(i) Parking Spaces Required:

The provisions of section 5.13.9(a) shall continue to apply, except that a minimum of four parking spaces is required, being two in the front yard and two in the rear yard, for an "apartment dwelling containing a maximum of three dwelling units" in the building existing on the 10th day of April, 2006.

(ii) Access to Parking Areas and Spaces:

The provisions of section 5.13.1(d) shall continue to apply, except for an "apartment dwelling containing a maximum of three dwelling units" in the building existing on the 10th day of April, 2006, in which case the parking spaces located in the front yard shall be permitted to exit directly to a street and the parking spaces located in the rear yard shall be permitted to exit directly to a lane.

e) LANDSCAPED OPEN SPACE:

A four metre wide landscaped open spaces shall be maintained between the two front yard parking spaces.

f) FENCE REQUIREMENT:

A fence having a minimum height of 0.6 metres and a maximum height of 0.9 metres, shall be maintained along the southerly interior side lot line, from the rear lot line to a point 6.0 metres from the rear lot line."



Effective Date: July 17, 2006 Effective Date: July 17, 2006

"729 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-N of this By-law, the lands being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 32, Plan M-177, Saving and Excepting that portion of Lot 32, designated as Part 1, Reference Plan 55R-1625 and Saving and Excepting that part of Lot 32 designated as Part 86, Reference Plan 55R-10456; and a Portion of the NW ¼ Section 52, Saving and Excepting Parts 87, 88 and 89, Reference Plan 55R-10170, and portions of the abutting street allowances,


are hereby removed from the "LIP" – Light Industrial Park Zone and designated as part of the "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 27.1 (a), 27.1 (b), 27.2.3, 27.2.4, 27.2.5, 27.2.6 of this By-law or any other provisions of this By-law to the contrary, and in addition to all other provisions, in the case of the lands and premises being more particularly described in subparagraph 729 (1) of this By-law, excluding the abutting street allowances,


a) PERMITTED USES:


In addition to the uses permitted in Section 27.1 (a) and 27.1 (b) of this By-law, an office equipment, supplies and service centre is deemed to be included as a permitted use under Section 27.1(b).

b) EXISTING BUILDINGS:

Notwithstanding any provision of this By-law to the contrary, the buildings existing on the 21st day of June, 2004, are permitted to remain in their present locations. Nothing in this By-law shall prevent an extension, addition, the strengthening or restoration to a safe condition of all or part of the said buildings provided such extension, addition, strengthening or restoration does not further contravene and of the regulations of this By-law.

c) Landscaped Open Space:



d) DEFINTIONS

Office Equipment, Supplies and Service Centre

Means a retail store where office equipment and supplies, including but not limited to paper, furniture, small business machines, computers, communication devices, and janitorial supplies are displayed, stored and offered for sale and includes a customer service centre offering such services as the repair and maintenance of office equipment, telefaxing, copying, binding, laminating and custom printing and graphics as well as accessory warehousing and administrative office space.


e) MAXIMUM GROSS FLOOR AREA

The maximum gross floor area of an office equipment, supplies and service centre is 3105 square metres provided that:

(i) no more than 1425 square metres of the maximum gross floor area shall be used for retail functions;

(ii) no more than 800 square metres of the maximum gross floor area shall be used for an accessory warehouse;

(iii) no more than 880 square metres of the maximum gross floor area shall be used for an accessory office.

f) OFF-STREET PARKING REQUIREMENTS

In the case of an office equipment, supplies and service centre, a minimum of one parking space for every 33 square metres of gross floor area."



A portion of Section 52, Portion of Registered Plan M46, described as Part 1 on Reference Plan 55R-5228; Parts 1-4, 6-7, 14-17, and 19 on Reference Plan 55R-4606; Parts 1-11 on Reference Plan 55R-5500, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is subject to the following provisions:

The provisions of Sections 5.13.1a), 5.13.1d), 5.13.1f), 5.13.4, 5.13.9b), 5.13.10a), 26.2.9, 26.2.10, 26.2.11, and 26.2.15 of this By-law, read and applied in conjunction with the provisions of this paragraph, continue to apply to the Affected Land, in addition to all other provisions of this By-law. Where the shopping centre that existed on August 28, 2006 is expanded by a maximum addition of 775 m², the following provisions shall apply:

a) Driveway Entrances:

The provisions of Section 5.13.1a) do not apply to the driveways existing on August 28, 2006.


Despite other requirements in this By-law, a maximum of 36% percent of all parking aisles that existed on August 28, 2006 are permitted to be 4.19 metres to 6.69 metres wide.

c) Barrier-free parking spaces:

The provisions of Sections 5.13.1f), and 5.13.10a) do not apply to the barrier-free parking spaces that existed on August 28, 2006.

d) Dimensions of Parking Spaces:

Despite other requirements in this By-law, a maximum of 63% percent of all parking spaces that existed on August 28, 2006 are permitted to be 2.50 metres to 2.79 metres wide.

e) Parking Spaces Required:

The amount of parking spaces to be provided is one space for every 28.5 square metres of gross floor area.


f) Maximum Lot Coverage:

The maximum lot coverage 37.7%.

g) Maximum Gross Leasable Area:

The provisions of Section 22.2.10 do not apply to the Affected Lands.

h) Maximum Gross Floor Area:

The maximum gross floor area is 51,925 m².

i) Minimum Landscaped Open Space:

The minimum landscaped open space is 6.8%.

j) Maximum Floor Space Index:

The provisions of Section 26.2.15 do not apply to the Affected Lands."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 34 and 35, south side of Brock Street, Part of Lots 32, 33 and 34, north side of Francis Street and all of Lot 35, north side of Francis Street, Town Plot of Fort William, and portions of the abutting street and lane allowances,


are removed from the "OS" Open Space Zone and designated as part of the "CIN" Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 4, 5.13.9 b), 38.1 and 38.2.7 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 731(1), excluding the street and lane allowances,

a) DEFINITIONS

Children's Treatment Centre

Means the use of land, buildings, and/or structures used for the diagnosis, assessment and treatment of children 0 – 18 years of age with physical and/or developmental disabilities by one or more physicians or therapists where no overnight accommodation is provided.

b) PERMITTED USES

(i) "Children's Treatment Centre" as defined in subsection a) of this paragraph is a permitted use.

(ii) All other uses in Section 38.1 of this By-law are deemed as not being permitted except that "buildings, structures, or uses accessory to a permitted use" shall continue to be permitted.

c) OFF STREET PARKING REQUIREMENTS

d) On-site parking shall be provided at the rate of one parking space for every 60 square metres of gross floor area.


e) MAXIMUM HEIGHT

14 metres."


"732 (1) The following parcel of land (referred to in this paragraph as the “Affected Land”) within the City of Thunder Bay, in the District of Thunder Bay:

Registered Plan M-52, Lots 142-145 and Parts of Lots 146, 147, 151 to155, and parts of lane, being Parts 1, 2, 3 & 6, Reference Plan 55R-11942, and Plan M-52, Lots 137 to 141, and pt closed Brandon Avenue and lane abutting., municipally known as 1041 Carrick Street, and the portions of the abutting street allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

are removed from the "LI"- Light Industrial Zone, as shown on Zoning Map 7-N, and are instead designated as part of the "GC2-H" – General Commercial Zone 2 – Holding.

(2) NOTWITHSTANDING any provisions of this By-law to the contrary, until the "H" holding symbol is removed from the Affected Land, in accordance with Section 36 of the Act, the following provision shall apply:

a) PERMITTED USES:

Buildings, structures and uses legally existing on the 23rd day of October, 2006.

(3) NOTWITHSTANDING the provisions of Sections 5.12.4 b), 25.1 and 25.2.7 of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, the Affected Land, excluding abutting street allowances, is subject to the following provisions:

a) Minimum Number of Loading Spaces:

One space

b) PERMITTED USES:

A hotel and/or restaurant is the only permitted use.

Maximum Height

Height shall not exceed either 14.0 metres or 4 storeys."


"733 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 9-H of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of the north part of Lot 14, Concession 1, NKR, being the south portion of Part 1 of Reference Plan 55R-5396,


are removed from the "SI" – Suburban Industrial Zone and designated as part of the "HI" – Heavy Industrial Zone.

(2) NOTWITHSTANDING the provisions of Section 34.1 of this By – law, the term "heavy industrial use" shall be interpreted as expressly excluding a rock crushing facility.


(3) NOTWITHSTANDING the provisions of Sections 5, 34.2 and 34.2.9 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 733(1) of this By-law,


Development Area:

In addition to the regulations of Sections 5 and 34.2, in the case of a heavy industrial use, the location of the heavy industrial use shall be restricted to the "DEVELOPMENT AREA" as shown on EXHIBIT ONE to and forming part of this By-law.

Buffering:

The provisions of Section 34.2.9 shall continue to apply, and in addition a buffer strip with a minimum width of 5.0 metres shall be provided and maintained along the west lot line."


"734 (1) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as Lot 93, Registered Plan 805,


a) DEFINITIONS

Education Centre

Means the use of land, buildings, and/or structures for the purpose of administration; class planning and curriculum development; special needs class rooms; professional training and development; and/or religious education, and may include related activity, playground, parking, and amenity areas and similar functions under the jurisdiction of a Board as defined in The Education Act.

b) PERMITTED USES

In addition to the uses permitted in Section 37.1 of this By-law, an education centre as defined in 734(1)(a) of this paragraph is deemed to be included as a permitted use under Section 37.1.


In the case of an education centre, on-site parking shall be provided at the rate of one parking space for every 23.0 square metres of gross floor area."



Lot 519, Registered Plan M-43, and portions of the abutting street and lane allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "NC1" – Neighbourhood Commercial Zone 1, as shown on Zoning Map 5-O, and is instead designated as part of the "R2" – Residential One and Two Unit Zone.


(2) The provisions of Section 5.13.9a), 13.2.1c), 13.2.2c), and 13.2.7a) of this By-law do not apply to the buildings existing on the 12th day of December, 2005 on the Affected Land. In addition to all other provisions of this By-law, the Affected Land, excluding portions of the abutting street and lane allowances, are subject to the following provision:

a) EXISTING BUILDING:

The building existing on the 12th day of December, 2005, is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.


The provisions of Section 13.2.1c) shall continue to apply, except in the case of a duplex dwelling in the building existing on the 12th day of December, 2005, in which case the minimum lot area is 409.7 m².


The provisions of Section 13.2.2c) shall continue to apply, except in the case of a duplex dwelling in the building existing on the 12th day of December, 2005, in which case the minimum lot frontage is 10.6 m².

d) OFF-STREET PARKING REQUIREMENTS:


The provisions of section 5.13.9 shall continue to apply, except that a minimum of 2 parking spaces is required for a duplex dwelling in the building existing on the 12th day of December, 2005."


"736 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 8N & 8O of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1, Block 23, Registered Plan 54, and municipally known as 237 Dease Street,


are removed from the "NC2"- Neighbourhood Commercial Zone 2 and designated as part of the "R2" - Residential One and Two Unit Zone.

(2) DESPITE the provisions of Sections 13.2.2 b) and 13.2.7 b) i) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph 1:



The minimum lot frontage is 10.8 metres.


b) EXISTING BUILDINGS:

The buildings existing on the 18th day of December, 2006 are permitted to remain in their present locations. Nothing in this By-law shall prevent the strengthening or restoration to safe condition of all or part of the said buildings, provided that such strengthening or restoration does not further contravene any provisions of this By-law.

(3) DESPITE the provisions of Sections 13.2.1 b), 13.2.2 b), 13.2.4, 13.2.7 b) i) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the parcel of land more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 2, Block 23, Registered Plan 54, and municipally known as 235 Dease Street,




The minimum lot area is 266 square metres.


The minimum lot frontage is 7.6 metres.

c) EXISTING BUILDINGS:

The buildings existing on the 18th day of December, 2006 are permitted to remain in their present locations. Nothing in this By-law shall prevent the strengthening or restoration to safe condition of all or part of the said buildings, provided that such strengthening or restoration does not further contravene any provisions of this By-law."



A portion of Lot 62, Registered Plan 606, being Part 3 on Reference Plan 55R-12421 and a portion of the abutting road allowance, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RU" – Rural Area Zone, as shown on Zoning Maps 4-G and 4-H, and is instead designated as part of the "RE" – Residential Estate Zone."


"738 (1) The following parcel of land (referred to in this paragraph as the "North Affected Land") within the City of Thunder Bay, in the District of Thunder Bay

Part of Block 1, Plan 178, part of McKellar Street closed (identified as “John Street (Closed)” on Exhibit One), Lot 1 and part of Lots 2 and 3, Plan 108, and a portion of the abutting street allowances, outlined and shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to this paragraph,

is removed from the "MIN" – Major Institutional Zone, as shown on Zoning Map 8-N, and is instead designated as part of the "CBD-H" Central Business District Zone - Holding.


(2) The following parcel of land (referred to in this paragraph as the "South Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:

Part of Block 1, Plan 178, part of McKellar Street closed (identified as “John Street (Closed)” on Exhibit One), Part of Lot 2, Part of Lot 3 and all of Lots 4 and 5, and a portion of the abutting street allowances, all as shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to this paragraph,

is removed from the "MIN" – Major Institutional Zone, as shown on Zoning Map 8-N, and is instead designated as part of the "MIN-H" Major Institutional Zone - Holding.

(3) Until the "H" holding symbol is removed from the South Affected Land or the North Affected Land, in accordance with Section 36 of the Act, the provisions of paragraphs 738(4) and (5) will not apply, and only the following provision shall apply:

a) Only uses, buildings and structures lawfully existing on the 19th day of March 2007 are permitted.


c) No new buildings and structures are permitted.

(4) NOTWITHSTANDING the provisions of Sections 5.12.5, 5.13.5, 28.3.1 and 28.3.2 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the North Affected Land, excluding portions of the abutting street allowances,


a) LOADING SPACES:

Loading spaces shall be provided at the rate stipulated by Section 5.12.4 b) of the By-law.

b) OFF STREET PARKING REQUIREMENTS:

The total number of parking spaces required shall be the sum of the parking spaces required for each of the specific uses on the North Affected Land.

c) MINIMUM YARD REQUIREMENTS:

A minimum setback of three (3.0 m) metres shall be provided and maintained from all Lot Lines.

d) MAXIMUM HEIGHT:

The maximum height for any building or structure is eleven (11.0 m.) metres.

e) LANDSCAPED OPEN SPACE:

A minimum of ten (10%) percent of the area of the lot shall be maintained as landscaped open space.

(5) NOTWITHSTANDING the provisions of Sections 5.13.9 b) and 39.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the South Affected Land, excluding portions of the abutting street allowances,



a) OFF STREET PARKING REQUIREMENTS:

A minimum of one parking space for every thirty four and one-half (34.5m2) square metres of gross floor area shall be provided and maintained for office uses.

b) PERMITTED USES:

In addition to the uses permitted in Section 39.1 of this By-law, office is deemed to be included as a permitted use.

c) LANDSCAPED OPEN SPACE:

A minimum of ten (10%) percent of the area of the lot shall be maintained as landscaped open space."



"739 (1) This paragraph operates notwithstanding the provisions of Sections 4.115, 4.124 b), 4.215, 5.12.4 b), 5.13.1 f), 5.13.3.b), 5.13.4 b), 5.13.4 c), 5.13.9 b), 5.13.10 a), and 5.14.1 a) of this By-law, and Paragraph 647 of Schedule "B" to this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law. This paragraph affects the lands and premises described as:

Registered Plan M-192, Lot 7, Registered Plan 827, Lot 5, and Registered Plan 572, pt closed Ontario Street,

And, leased City-owned lands described as Parts 1, 2 and 3, Reference Plan 55R-9857,

All shown as "SUBJECT PROPERTY" on EXHIBIT ONE to and forming part of this By-Law. For clarification, the "SUBJECT PROPERTY" includes the land parcels labelled as "PROPERTY LOCATION ONE", "PROPERTY LOCATION TWO"and "LEASED CITY LANDS".

For the Subject Property, excluding Leased City Lands, notwithstanding the provisions of Sections 4.115, 4.124 b) and 4.215, the following provisions apply:

a) DEFINITIONS

(i) Lot

Means the Subject Property even though these lands may be in more than one ownership.

(ii) Lot Line, Front


(iii) Tavern

Means a place where the primary purpose is to serve alcohol, with or without food, for consumption on the premises. A “Tavern” may have accessory uses such as an entertainment stage and/or a dance floor.

B - 529 April 2009

b) Parking Spaces:

For a Shopping Centre use, a minimum of 195 parking spaces are required.

AND, for the Shopping Centre use of the building existing on the 22nd Day of January, 2007, notwithstanding the provisions of Sections 5.12.4 b), 5.13.1 a) to 5.13.1 j), 5.13.3.b), 5.13.4 b), 5.13.4 c), 5.13.9 b), 5.13.10 a) and the Provisions of Paragraph 647, the following provisions apply:

c) Minimum Number of Loading Spaces:

One

d) Minimum Number of Barrier Free Parking Spaces:

Four

e) Minimum Access Aisle for Barrier Free Parking Spaces:

None

f) Minimum Landscaped Open Space:

None

g) Size of Existing Parking Aisles:

The existing parking aisles, as shown on "SITE PLAN", on EXHIBIT TWO, to and forming part of this By-law, are permitted to continue.

h) Existing Shopping Centre Parking Spaces:

A minimum of 161 parking spaces, as shown on "SITE PLAN", on EXHIBIT TWO, to and forming part of this By-law, are required.

(2) Notwithstanding the provisions of Sections 5.14.1 a), 27.2.4, 27.2.5 and 27.2.6 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

Registered Plan M-192, Lot 7, ALL shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this By-Law,

For the building existing on the 22nd Day of January, 2007, the following provisions apply:

a) Front Yard Canopy:

The entrance canopy existing on the 22nd Day of January, 2007 is permitted to remain in its present location.


0.0 metres


3.2 metres

(3) Notwithstanding the provisions of Sections 27.2.5 and 27.2.6 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

Registered Plan 827, Lot 5, and Registered Plan 572, pt closed Ontario Street, All shown

as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-Law,

B - 530 April 2009

For the building existing on the 22nd Day of January, 2007, the following provision apply:


0.0 metres

b) Minimum Rear Yard:

4.2 metres."


"740 (1) NOTWITHSTANDING any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, the following parcels of land within the City of Thunder Bay, in the District of Thunder Bay:

being Lots 654, 673, 680, 684, 685, 696, 710, 719, 720, 724, 725, 729, 730, 736, 737, 743, 744 and 750, Registered Plan M-332, and as shown as "PROPERTY LOCATION" on "EXHIBIT ONE" to and forming part of this By-law,

are subject to the following provisions:

Two (2) dwelling units shall be permitted in the structures existing on the 19th day of February 2007.

A minimum of one (1) off street parking space shall be provided for each unit."


"741 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 5-P and 5-Q of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 5, 6, 7, and the southerly 5 feet of Lot 8, Plan 1277, and portions of the abutting street and lane allowances,


are removed from the "R2-F" – Residential One and Two Unit Zone - Lands Susceptible to Flooding and designated as part of the "CBD-F" – Central Business District Zone – Lands Susceptible to Flooding.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4(a), 5.13.1, and 5.13.5 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 741(1) of this By-law, excluding the abutting street and lane allowances,


a) ACCESSORY USES - LOCATION

The required rear yard for an accessory structure shall be a minimum of 0.6 metres.

b) ACCESS TO PARKING AREAS AND SPACES



A minimum of five (5) parking spaces shall be provided and maintained.

B - 531 April 2009

(3) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 741(1) of this By-law, excluding the abutting street and lane allowances,


a) MAXIMUM GROSS FLOOR AREA FOR NON-RESIDENTIAL USES

The total gross floor area of all non-residential uses shall not exceed 47.0 square metres."



Lot 49, Registered Plan 1720,

Is subject to the following provisions:

The provisions of Section 4.189(c), 5.2.2 a), 5.13.9b), 13.1, 13.2.1, 13.2.2, 13.2.4, 13.2.7, 13.2.10 of this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subject to the following provisions:

a) DEFINITIONS

Residential Care Facility Three

Means a Residential Care Facility intended to accommodate a maximum of thirteen persons.

b) PERMITTED USES

The provisions of Section 4.189(c) shall continue to apply, except in the case of the main building existing on the 19th day of March, 2007, in which case a Residential Care Facility Three is a permitted use.

c) EXISTING BUILDINGS

The buildings existing on the 19th day of March, 2007, are permitted to remain in their present locations. Nothing in this By-law shall prevent the extension or the strengthening or restoration to safe condition of all or part of the said buildings, provided that such strengthening or restoration does not increase the height, size, or volume of the said buildings and structures

d) MINIMUM LOT AREA

The provisions of Section 13.2.1b) shall continue to apply, except in the case of a Residential Care Facility Three in the main building existing on the 19th day of March, 2007, in which case the minimum lot area is 306 square metres.

e) MINIMUM LOT FRONTAGE

The provisions of Section 13.2.2b) shall continue to apply, except in the case of a Residential Care Facility Three in the main building existing on the 19th day of March, 2007, in which case the minimum lot frontage is 10.05 metres.


The provisions of Section 5.2.2 a) and 13.2.10 shall continue to apply, except in the case of the buildings existing on the 19th day of March, 2007, in which case the maximum lot coverage is 62% and the maximum lot coverage for accessory buildings is 17.4%.

B - 532 April 2009

g) OFF-STREET PARKING REQUIREMENTS:


The provisions of Section 5.13.9b) shall continue to apply, except that a minimum of 2 parking spaces is required for a Residential Care Facility Three in the main building existing on the 19th day of March, 2007."


"743 (1) In addition to all of the provisions of this By-law, the following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, being composed of Lot 38 and north part Lot 39, Block 18, Registered Plan 171, and municipally known as 193 Algonquin Avenue South,

shown as "PROPERTY LOCATION" on EXHIBIT ONE, to and forming part of Sub-Paragraph 633 of the Zoning By-law, is subject to the following provisions:

The provisions of Sections 13.1 and Sub-Paragraph 633 of this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subject to the following provision:

a) PERMITTED USES

The provisions of Section 13.1 continue to apply, except in the case of the building existing on the 14th day of May, 2007, in which case an "apartment dwelling containing a maximum of five dwelling units" is a permitted use.


The provisions of Section 5.13.9(a) continue to apply, except in the case of an apartment dwelling containing a maximum of five dwelling units, in which case a minimum of 1.25 spaces per dwelling unit is required."


"744 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-K of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 86, Registered Plan 757, and portions of the abutting street allowances,


are removed from the "NIN" – Neighbourhood Institutional Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 15.1 of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 744(1), excluding portions of the abutting street allowances,


PERMITTED USES:

An apartment dwelling containing a maximum of 25 dwelling units within the building existing on the 23rd day of July, 2007 is the only permitted use."

B-533 December 2010

BY-LAW 074-2007 Effective Date: July 24, 2007 "745 (1) NOTWITHSTANDING the provisions of Sections 4, 5.13.9 b), 5.13.10 a) and

47.2 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Portion of the Northeast Quarter of Section 54, designated as Part 9, Plan Par-103, saving and excepting Part 3 on Reference Plan 56R-747,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-Law,


a) DEFINITIONS:

SCHOOL BUS DEPOT: Means the use of land, or building, or structure where school buses, as defined under the Highway Traffic Act, are stored and may include the selling, renting, servicing, maintenance, and repair of school buses.

b) NUMBER OF PARKING SPACES REQUIRED:

The provisions of Section 5.13.9 b) continue to apply, except in the case of a school bus depot as defined in Subsection 1 a) above, a minimum of one parking space for every school bus, plus one space for every 55 square metres of gross floor area of all main buildings is required.

c) BARRIER-FREE PARKING SPACES REQUIRED:

The provisions of Section 5.13.10 a) continue to apply, except in the case of a school bus depot as defined in Subsection 1 a) above, barrier-free parking spaces are only required in association with the parking required for the main buildings on the lot.

d) PERMITTED USES:

In addition to the uses permitted in Section 47.2 of this By-law, a school bus depot as defined in Subsection 1 a) above is deemed to be included as a permitted use under Section 47.2."


"746 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 9-M and 9-N of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, being composed of Part of Lot 2, North Side Christina Street, Neebing Town Plot, being Part 1 on Reference Plan 55R-896, municipally known as 541 Cristina Street, and portions of the abutting street allowances,


are removed from the "RM2A"- Residential Multiple Medium Density Zone A and designated as part of the "R2" - Residential One and Two Unit Zone.

B-534 December 2010

(2) DESPITE the provisions of Sections 13.1 and 13.2.4 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in subparagraph 746 (1) above, the following provisions shall apply:

a) Permitted Uses:

The provisions of Section 13.1 of this By-law, continue to apply, except in the case of the building existing on the 27th day of August, 2007, in which case a three-unit dwelling is also a permitted use.

b) Minimum Required Rear Yard:

1.3 metres.

(3) DESPITE the provisions of Sections 5.2.4 d) ii), 5.2.4 e) ii), 5.12.4 a), 5.13.4 and 5.13.9 a) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the parcel of land more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 2, North Side Christina Street, Neebing Town Plot, being Part 2 on Reference Plan 55R-896, municipally known as 925 Syndicate Avenue South,



a) Minimum Number of Loading Spaces:

None b) Required Parking Spaces:

The provisions of Section 5.13.9 a) of this By-law continue to apply, except in the case of the building existing on the 27th day of August, 2007, in which case 13 parking spaces are required.

c) Dimensions of Parking Spaces:

The provisions of Section 5.13.4 of this By-law continue to apply, except that the non-complying parking spaces existing on the 27th day of August, 2007, are permitted.

d) Existing Accessory Building:

Notwithstanding any provisions of Section 5.2.4 of this By-law to the contrary, the accessory building existing on the 27th day of August, 2007 is permitted to remain in its present location.

e) Buffering:

i) The privacy fence existing on the 27th day of August, 2007 along the northerly property line, for a distance of approximately 42 metres, shall be maintained. A portion of this fence, up to 7.0.metres in length, may be removed to provide driveway access to additional parking spaces on the easterly portion of the property.

B-535 December 2010

ii) A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the southerly lot line, for a distance of 22.5 metres from the westerly lot line."


"747 (1) The following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay: Lot 16, Parts of Lots 17, 18 and 19, Block 20, Plan 171, and portions of the abutting street and land allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "R2" Residential One and Two Unit Zone, as shown on Zoning Map 5-N and is instead designated as part of the "NC2" Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 23.1 and 23.2.12 of this By-

law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, the Affected Land excluding the abutting street and lane allowances, is subject to the following provisions:

a) PERMITTED USES:

The provisions of Section 23.1 shall continue to apply except that an "automotive gas bar" shall not be a permitted use.

b) BUFFERING:

The provisions of Section 23.2.12 shall continue to apply, except in the case of the building existing on the 22nd day of January 2007, in which case there shall be no buffering requirement along the northerly (rear) lot line and along the southerly (interior) lot line from Kenogami Avenue westerly for a distance of 32 metres.

c) EXISTING BUILDING:

The building existing on the 22nd day of January 2007 is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law."


"748 (1) In addition to all of the provisions of this By-law, the following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, being composed of Lots 1480 and 1481, Registered Plan M-40, municipally known as 173 Ridgecrest Road, and part of the abutting road allowance,

shown as "PROPERTY LOCATION 1" and "PROPERTY LOCATION 2" on EXHIBIT ONE, to and forming part of this By-law, is removed from the "HL"- Hazard Land Zone and the "SR"- Suburban Residential Zone, as shown on Maps 7L and is instead designated as part of the "R1" - Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 12.2.2 c) of this By-law, or any

other provisions of this By-law to the contrary, and in addition to all other

B-536 December 2010

provisions of this By-law, in the case of the Affected Land the following provision shall apply:


22.8 metres. (3) NOTWITHSTANDING any other provisions of this By-law to the contrary, and

in addition to all other provisions of this By-law, in the case of the lands described as part of Lot 1481, Registered Plan M-40, shown as "PROPERTY LOCATION 2" on EXHIBIT ONE, to and forming part of this By-law, the following provision shall apply:

a) Type of Construction on Filled Lands

An engineered foundation shall be required for any construction which requires a building permit."


"749 (1) Notwithstanding the provisions of Sections 4, 5.13.9 (b) and 37.1 of this By-law, and in addition to all other provisions of this By-law, in the case of lands and premises being more particularly described as follows, namely:

All and singular that certain parcel or tract of land lying and being in the City of Thunder Bay, in the District of Thunder Bay, being composed of Lots 195 to 199, Registered Plan 222, shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

the following provisions apply:

(a) DEFINITIONS Wellness Centre:

Means the use of land, or building, or structure for the provision of exercise classes and health and fitness services by wellness practitioners to individuals of any age for gain or profit and may include related retail provided the floor area devoted to such retail sales does not exceed 10% of the gross floor area of the building.

(b) PERMITTED USES

In addition to the uses listed in Section 37.1 of this By-law, a wellness centre as defined in sub-paragraph (a) above is deemed to be included as a permitted use in Section 37.1.

(c) OFF STREET PARKING REQUIREMENTS

The provisions of Section 5.13.9 (b) continue to apply, except that in the case of a wellness centre, on-site parking shall be provided at the rate of one parking space for every 20 square metres of gross floor area.

(d) LANDSCAPED OPEN SPACE

A minimum of 10% of the lot area shall be maintained as landscaped open space and shall be located within the front yard."

B-537 December 2010


"750 (1) The following parcel of land (referred to in this paragraph as the "Affected Land") within the City of Thunder Bay, in the District of Thunder Bay: Lot 1004 and Lot 1005 in Registered Plan W357, and portions of the abutting street and lane allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, is removed from the "R2" – Residential One and Two Unit Zone, as shown on Zoning Map 7-N, and is instead designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) The provisions of Sections 23.2.4, 23.2.6, and 23.2.12 of this By-law continue to

apply to the building existing on the 19th day of March, 2007 on the Affected Land. In addition to all other provisions of this By-law, the Affected Land, excluding portions of the abutting street and lane allowances, is subjected to the following provisions:

a) Existing building:

The building existing on the 19th day of March, 2007, is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) BUFFERING The provisions of Section 23.2.12 shall continue to apply except that a

privacy fence with a minimum height of 1.6 metres shall be constructed and maintained along each lot line that is not a street line, abutting a Residential Zone and along each lot line abutting a lane which abuts a Residential Zone.


"751 (1) NOTWITHSTANDING the provisions of Sections 5.2.2(b)(ii), 5.2.3(a)(i), 5.7(i), 5.7(k) and 5.7(l) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a Part of Mining Location 22, White's Survey, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, the following provisions shall apply:

(a) ACCESSORY USES

Lot Coverage

The total gross floor area of all accessory buildings and structures shall not exceed 572.0 square metres in the "RE" – Residential Estate Zone.

Height

The maximum height shall not exceed 8.0 metres in the "RE" – Residential Estate Zone.

B-538 December 2010

(b) HOME OCCUPATION

The provisions of Sections 5.7(i), 5.7(k), and 5.7(l) shall continue to apply, except in the case of a travel trailer repair home occupation, the following shall also apply: Sign A sign may be located anywhere within the front yard of the property to a maximum sign face area of 1.12 square metres. Gross Floor Area The area devoted to the home occupation, whether located in the dwelling and/or any accessory buildings or structures, shall not exceed a total gross floor area of 507 square metres. Travel Trailer Repair The repair of travel trailers and travel trailer components shall be allowed as a home occupation, but shall not include any type of travel trailer engine repair, and shall not allow for any external storage of travel trailers, equipment, and materials associated with the home occupation."


"752 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-N of this By-law, the lands and premises being more particularly described as: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 33, Registered Plan 96, and portions of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, are removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "CBD" – Central Business District Zone.”




are hereby removed from the "OS" – Open Space Zone and designated as part of the "WD" Waterfront Development Zone."


"754 (1) NOTWITHSTANDING the provisions of Sections 4 and 40 of this By-law, in the case of the lands and premises being more particularly described as follows, namely:

all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this paragraph, the following provisions shall apply:

B-539 December 2010

a) DEFINITIONS

In addition to the definitions contained in Section 4 of this By-law, the following definitions shall apply: (i) Artisans' Workshop

Means a building or a part of a building where the goods sold shall be produced on site. Activities may include, without limitation, jewellery making, glass blowing, painting, weaving, woodcarving. The area used for the production and storage of goods shall not exceed 75% of the gross floor area.

(ii) Farmers' Market

Means a building or part of a building or an outdoor area used for the display and sale of agricultural goods and products which are brought to the site for sale.

b) PERMITTED USES

In addition to the uses permitted in Section 40.1 of this By-law, the following uses are deemed to be included as permitted uses under Section 40.1:

- artisans' workshop - farmers' market - retail store

c) REGULATIONS

There shall be no Minimum Lot Frontage; no Minimum Front Yard; no Minimum Exterior Side Yard, no Minimum Interior Side Yard and no Minimum Rear Yard required.

d) Maximum Number of Main Uses and Main Buildings Per Lot:

a) Uses:

No maximum b) Buildings:

No maximum and no separation between Main Buildings is required."


"755 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-N of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 43 to 61, and the north 11.5 feet of Lot 62 eastside of Marks Street, Lots 43 to 55 westside of Catherine Street, and Part of the Lane Allowance between Lots 43 to 55 eastside of Marks Street and Lots 43 to 55

B-540 December 2010

westside of Catherine Street, Registered Plan 144, municipally known as 512 Marks Street South, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the provisions of Sections 4, 5.12.2(a), 5.12.3(a),

5.12.3(b), 5.13.1(c), 5.13.1(d)(iv), 5.13.9(b), 15.1, 15.2.4, 15.2.10(a), 15.2.11(a), 15.2.11(b), 15.2.12, and 15.2.6(b) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 755(1) of this By-law, excluding the abutting street and lane allowances,


(a) DEFINITIONS

Recreation Facility Means a use of land, building or structure for any purpose relating to indoor recreational, athletic, and social activity in which fitness, athletic, and social facilities are provided, including but not limited to exercise equipment, exercise programs and/or physical fitness consultation, and may include accessory office and retail store uses, the retail store component of which shall not exceed 10% of the gross floor area of the recreation facility.

(b) OFF-STREET LOADING REQUIREMENTS

Location A loading space may be located within the required exterior side yard of the lot. No loading space shall be located within the required front yard of the lot. Access Each loading space shall have an unobstructed ingress and egress of not less than 4.8 metres in width to and from a street or lane. A loading space shall be permitted to exit directly to a street or lane.

(c) OFF-STREET PARKING REQUIREMENTS

Access to Parking Areas and Spaces In the case of the three (3) parking spaces adjacent to the east side of the existing building, parking spaces shall be permitted to exit directly to a street or lane. Aisles Leading to Parking Spaces In the case of the five (5) parking spaces adjacent to the south side of the existing building, the minimum aisle width for aisles leading to parking spaces shall be 6.0 metres where the angle of parking is over 80 degrees and up to and including 90 degrees. Parking Spaces Required In the case of a recreation facility, a minimum of 26 on-site parking spaces shall be provided and maintained

(d) PERMITTED USES

B-541 December 2010

In addition to the uses permitted in Section 15.1 of this By-law, a recreation facility as defined in 755(2)(a) of this paragraph is deemed to be included as a permitted use under Section 15.1.

(e) MINIMUM FRONT YARD

3.0 metres. (f) MAXIMUM HEIGHT

The maximum height for an apartment dwelling, long-term care facility, retirement residence, senior citizens dwelling or recreation facility shall be 16.0 metres.

(g) MAXIMUM NUMBER OF MAIN USES AND MAIN BUILDINGS PER

LOT

Four main uses and three main buildings shall be permitted. (h) MAXIMUM LOT COVERAGE

40%. (i) EXISTING BUILDING

The building existing on the 25th day of February, 2008 is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law."


"756 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 5-P of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 and 2, and Part of Lot 3, Registered Plan 202, municipally known as 245 College Street, and portions of the abutting street and lane allowances,


are removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM1" – Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 5.2.4(d)(iv), 5.2.4(h), and

5.13.1(c) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 756(1) of this By-law, excluding the abutting street and lane allowances,


(a) ACCESSORY USES

Location – Existing Accessory Building The accessory building (garage) existing on the 17th day of March, 2008 is permitted to remain in its present location. Nothing in this By-law shall

B-542 December 2010

prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

(b) OFF-STREET PARKING REQUIREMENTS

Access to Parking Areas and Spaces Parking spaces shall be permitted to exit directly to a street or lane.

Number of Parking Spaces Required in Rear Yard A maximum of three (3) parking spaces shall be provided and maintained

in the rear yard."


"757 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-0 of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 9 and 10, Block 13, Plan 8, and portions of the abutting street and lane allowances,


is removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Section 27.1 (b) of this By-law, or any

other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 757(1) of this By-law, excluding the abutting street and lane allowance:


a) Permitted Uses: A parking lot accessory to a use permitted in Section 27.1 of this By-law is

the only permitted use." BY-LAW 056-2008 Effective Date: May 26, 2008

"758 NOTWITHSTANDING the provisions of Sections 5.2.2 b) iii), 5.2.3 a), 5.2.3 a) ii), 5.4 and 10.1 of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 20, Registered Plan W-689, being Part 1, Reference Plan 55R-11986, herein referred to as the Affected Lands,

the following provisions shall apply: a) DEFINITION:

(i) Residential Care Dwelling Unit

B-543 December 2010

means a dwelling unit occupied by a maximum of two persons, at lease one of which, by reason of his or her emotional, mental, social or physical condition, requires care which is provided by a person whose principal residence is another dwelling unit located on the same lot.

b) PERMITTED USES:

The provisions of Section 10.1 continue to apply, and in addition a Residential Care Dwelling Unit in a building accessory to a single detached dwelling is also a permitted use.

c) ACCESSORY USES:

The provisions of Section 5.2 continue to apply, except in the case of the Affected Lands, the following provisions apply:

(i) Maximum Total Gross Floor Area

The total gross floor area of buildings and structures accessory to a single detached dwelling shall not exceed 320 square metres.

(ii) Maximum Height

The height of a building constructed to contain a Residential Care Dwelling Unit, accessory to a single detached dwelling, shall not exceed 8.5 metres or 2 storeys.

(iii) Location of a Dwelling Unit

A Residential Care Dwelling Unit is permitted within a building accessory to a single detached dwelling."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part Lot 5, Plan 760, municipally known as 1144 Oliver Road, and portions of the abutting street allowance,


are removed from the "LI" Light Industrial Zone and designated as part of the "CIN" Community Institutional Zone."



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Section 52, Southeast Portion, Parcel 6119, municipally known as 899 Fort William Road, and portions of the abutting street allowance,


B-544 December 2010

are removed from the "HI" Heavy Industrial Zone and designated as part of the "GC2" General Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 25.1, 25.2.3, 25.2.5, 25.2.6

and 5.13.9(b) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this by-law, excluding the abutting street allowance:


a) Existing Buildings:

The buildings existing on the 16th day of June 2008 shall be permitted to remain in their present location. Nothing in the By-law shall prevent the extension or strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) Permitted Uses:

The provisions of Section 25.1 of this By-law shall continue to apply, except that office and dwelling units combined with a non-residential use permitted in Section 25.1 shall not be permitted.

c) Parking: The parking standard and layout existing on the 16th day of June 2008 is permitted in association with the existing buildings only.


A minimum of 10% of the lot area shall be maintained as landscaped open space."


"761 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 4-K of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 2 in Registered Plan 267, and portions of the abutting street allowances,


is removed from the "NIN" – Neighbourhood Institutional Zone and is designated as part of the "RE" – Estate Residential Zone.

(2) The provisions of Sections 9.2.1(b) and 9.2.6 of this By-law continue to apply to

the lands and premises being more particularly described in subparagraph 761(1), excluding portions of the abutting street allowances, except in the case of a single dwelling the following provisions shall apply:

B-545 December 2010

a) MINIMUM LOT AREA

The minimum lot area is .32 hectare. b) EXISTING BUILDINGS

The building existing on the 16th day of June, 2008, is permitted to

remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law."


"762 (1) NOTWITHSTANDING the provisions of Section 6.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of the East Part of Section 47, municipally known as 2900 Oliver Road, herein referred to as the Affected Lands,



(a) PERMITTED USES

The provisions of Section 6.l continue to apply, except in the case of the

Affected Lands, a Residential Care Facility Two is deemed to be included as a permitted use in Section 6.1.

(b) Buffering:

The existing natural vegetated area shown as "PROPERTY LOCATION TWO" on EXHIBIT ONE to and forming part of this By-law, located adjacent to the westerly interior side lot line, shall be maintained as a buffer strip for a width of 20 metres.

(c) Minimum Front Yard:

The provisions of Section 6.l continue to apply, except in the case of a Residential Care Facility Two the minimum front yard is 150 metres.

(d) Minimum Exterior Side Yard:

The provisions of Section 6.l continue to apply, except in the case of a Residential Care Facility Two the minimum exterior side yard is 100 metres."


"763 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-G of this By-law, the lands and premises being more particularly described as: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 21 and 22, Registered Plan 714, and a portion of the abutting street allowance,

B-546 December 2010

all shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this By-law, are removed from the "NIN" Neighbourhood Institutional Zone and designated as part of the "RU" Rural Area Zone.

(2) NOTWITHSTANDING the provisions of Sections 4, 4.124(c) and 37.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described a portion of Lots 21 and 22, Registered Plan 714, all shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law, the following provisions shall apply: a) DEFINITIONS

Mini-warehouse: Means a building or part thereof, which is used primarily for the housing and storage of goods, wares, merchandise, articles and the like but does not include fuel storage.

b) PERMITTED USES

In addition to the uses listed in Section 37.1 of this By-law, a mini-warehouse as defined in sub-paragraph a) above is deemed to be included as a permitted use in Section 37.1 within the building existing on 16th day of June, 2008.

c) LOT LINE, FRONT Means the lot line abutting Jackpine Road."


"765 (1) NOTWITHSTANDING any provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, the following parcels of land within the City of Thunder Bay in the District of Thunder Bay: being composed of Part of Lot 775, Plan M-37, more particularly described as Part 1, Reference Plan 55R-10461,


are subject to the following provision:

Definition: "Residential Care Dwelling Unit" is defined to mean a dwelling unit within the semi-detached dwelling existing on April 28, 2008 which is occupied by a maximum of one person, who by reason of his or her emotional, mental, social, or physical condition, requires care which is provided by a person whose principal residence is the semi-detached dwelling.

Permitted Use: "Residential Care Dwelling Unit" is added as a permitted use in the "R2" Residential One and Two Unit Zone at this location."

B-547 December 2010


"766 (1) NOTWITHSTANDING the provisions of Section 41.1 of this By-law, or any other provisions of this By-law to the contrary, and in the case of the lands and premises described as follows, namely: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Portions of Lots 12, 13, 14 & 15, Concession 3, Neebing, the following provisions shall apply:

a) DEFINITIONS:

In addition to the definitions contained in Section 41.1 of this By-law, the following shall apply:

(i) High-Tech Industry

Means industrial activity that produces and/or makes use of evolving and advanced technology and may include electronics; fibre optics; computer software and/or hardware development; navigation; search/detection equipment; measuring and/or control equipment; photonics processing and/or equipment; communications and data management; and semi-conductors.

b) PERMITTED USES:

In addition to the uses listed in Section 41.1, a service shop, light industrial use, industrial centre, truck depot, bus depot, automotive service station, warehouse, retail warehouse, wholesale store, welding shop, laboratory and high-tech industry are also deemed to be included in the list of permitted uses in the "AIR" Zone."



Lots 13-19, Block 9 in Registered Plan 8.

(2) The provisions of Sections 38.1, 38.2.3, 38.2.4, 38.2.5, 38.2.6 and 38.2.8(a) of

this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subjected to the following provisions:

a) Existing building: The building existing on the 19th day of November, 2007 is permitted to

remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulation of this By-law.

b) PERMITTED USES The provisions of Section 38.1 shall continue to apply, except in the case

of the building existing on the 19th day of November, 2007, in which case "a bank" is also a permitted use.


B-548 December 2010

The provisions of Section 38.2.8(a) shall continue to apply, except in the

case of the main building existing on the 19th day of November, 2007, in which case a maximum of two uses are permitted."


"768 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 4-Q of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 4, North Part of Lot 5, Registered Plan 647, and portions of the abutting street and lane allowances,


are removed from the "NC-1" – Neighbourhood Commercial 1 Zone and designated as part of the "R2" – Residential One and Two Unit Zone.

(2) Notwithstanding the provisions of Sections 13.2.1 (c); 13.2.2 (c); 13.2.7 (a);

13.2.7 (b) (i); and 13.2.10 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this By-law, excluding the abutting street and lane allowances,



The building existing on the 25th day of February 2008 shall be permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) Maximum Lot Coverage:

The provisions of Section 13.2.10 continue to apply except in the case of the buildings existing on the 25th day of February, 2008, in which case the maximum lot coverage is 57%.

c) Minimum Lot Area: The provisions of Section 13.2.1(c) continue to apply except in the case of

a duplex dwelling in the building existing on the 25th day of February 2008, in which case the minimum lot area is 445.9 m2.


The provisions of Section 13.2.2(c) continue to apply except in the case of

a duplex dwelling in the building existing on the 25th day of February, 2008, in which case the minimum lot frontage is 14.6 metres."

BY-LAW 114-2008 Effective Date: November 17, 2008 "769 (1) The following parcel of land within the City of Thunder Bay, in the District of

Thunder Bay:

B-549 December 2010

Parcel 19440, Section Thunder Bay Freehold, being Lot 109, Plan WM-31, and a portion of the abutting street allowance, municipally known as 1530 Donald Street,


is removed from the "R2" Residential One and Two Unit Zone, as shown on Zoning Map 8-M, and is instead designated as part of the "NIN-H" Neighbourhood Institutional Zone - Holding;

(2) Until the "H" holding symbol is removed from the subject property, in accordance

with Section 36 of the Act, only the following provisions shall apply:

a) PERMITTED USES Only uses, buildings and structures lawfully existing on the 10th day of November 2008 are permitted."

BY-LAW 115-2008 Effective Date: November 17, 2008 "770 The following parcel of land (referred to in this paragraph as the "Affected Land")

within the City of Thunder Bay, in the District of Thunder Bay: Part of Lot 11, Registered Plan 687, more particularly described as Reference Plan 55R-6744, Part 1, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law. Notwithstanding the provisions of Section 9.1, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, the Affected Land is subject to the following provision: Permitted Uses In addition to the uses listed in Section 9.1, Bed and Breakfast in which not more than 10 bedrooms may be used to provided overnight accommodation, for gain or profit, with or without meals, to the travelling or vacationing public and which may include an associated spa and dining facility is a permitted use within the buildings existing on the 22nd day of January 2007."

BY-LAW 121-2008 Effective Date: November 24, 2008 "771 (1) The following parcel of land (referred to in this paragraph as the "Affected Land")

within the City of Thunder Bay, in the District of Thunder Bay:

Lot 475, Registered Plan M-13, and portions of the abutting road allowance and lane, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "R2"-Residential One and Two Unit Zone, as shown on Zoning Maps 8M and 8N, and is instead designated as part of the "GC1-H"- General Commercial Zone 1 - Holding.

(2) Until such time as the "H" - Holding symbol is removed from the Affected Land,

in accordance with Section 36 of the Act, the provisions of paragraph 771 (3) will not apply, and only the following provision shall apply:

PERMITTED USES

A single detached dwelling is deemed to be the only permitted use on this property.

B-550 December 2010

(3) NOTWITHSTANDING the provisions of Sections 24.1 and 24.2.8 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the Affected Land, excluding portions of the abutting road allowance and lane,


a) PERMITTED USES

A commercial parking lot is deemed to be the only permitted use on this property.

b) Buffering

A privacy fence is not required along the rear lot line. c) Landscaped Open Space

The first 2.5 metres of the front yard shall be maintained as landscaped open space."

BY-LAW 132-2008 Effective Date: December 15, 2008 "772 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-N of

this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 33 to 38, Plan 96, more particularly described as 315 Syndicate Avenue South and abutting street and lane allowances


are removed from the "RM2A" Residential Multiple Medium Density Zone A and designated as part of the "CBD" Central Business District Zone.

(2) NOTWITHSTANDING the provisions of Sections 28.3.2(b) and 28.3.9 of this

By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 772 (1):


Existing Buildings: The buildings existing on the 15th day of December 2008 shall be permitted to remain in their present location. Nothing in the By-law shall prevent the extension or strengthening or restoration to a safe condition of all or part of the said buildings, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

Separation Distance for a Residential Care Facility:

A Residential Care Facility may be located within 240 metres of the boundary of any other Residential Care Facility existing on December 15, 2008."

BY-LAW 134-2008 Effective Date: December 15, 2008 "773 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 5-O and

6-O of this By-law, the lands and premises being more particularly described as:

B-551 December 2010

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 147, Block 26, Lots 1 to 11; Plan 572, Lot 229 and part of Lots 226, 232, 244 and 245; Plan M-88, Lots 672 to 681 and a portion of Secord Street and lane closed,


are removed from the "GC1" General Commercial Zone 1, the "HC" Highway Commercial Zone and the "R2" Residential One and Two Unit Zone and designated as part of the "GC2-H" General Commercial Zone 2 - Holding.

(2) Until the "H" holding symbol is removed in accordance with Section 36 of the

Act, the provisions of paragraph 773(3) will not apply, and only the following provisions shall apply:

a) Only uses, buildings and structures lawfully existing on the 18th day of

August 2008 are permitted.



(3) NOTWITHSTANDING the provisions of Sections 4.124(b), 5.1, 5.12.4 b), 5.13.9

b), 25.1 and 25.2.4 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 773(1), :


(a) OFF STREET PARKING REQUIREMENTS:

The total number of parking spaces required shall be the sum of the parking spaces required for each of the specific uses.

(b) LANDSCAPED OPEN SPACE:

A minimum of ten (10%) percent of the area of the lot shall be maintained as landscaped open space.

(c) PERMITTED USES:

The provisions of Section 25.1 of this By-law shall continue to apply, except that office and dwelling units combined with a non-residential use permitted in Section 25.1 shall not be permitted.

(d) LOT LINE, FRONT:

Memorial Avenue is deemed to be the front lot line.

(e) ACCESS REGULATIONS:

No driveway access to a commercial or private parking area shall be located closer than 6.0 metres from the intersection of Secord Street and Queen Street measured from a point where the two street lines intersect.

(f) MINIMUM EXTERIOR SIDE YARD:

B-552 December 2010

7.0 metres.

(g) EXISTING BUILDING:

The existing building municipally known as 282 Memorial Avenue shall be permitted to remain in its present location.

(h) NUMBER OF LOADING SPACES REQUIRED

One."

NOTE: By-law 035-2009 amends By-law 134-2008 Paragraph “773” removes H-symbol BY-LAW 136-2008 Effective Date: December 15, 2008 "774 (1) NOTWITHSTANDING the provisions of Section 23.1 and 23.2.7 of this By-law,

or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1) of this By-law, excluding the abutting street and lane allowances,

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan M-379, Lot 113, municipally known as 568 County Boulevard



a) PERMITTED USES:

In addition to the uses permitted in Section 23.1 of this by-law, up to four (4) dwelling units without ground floor area devoted to non-residential use, is deemed to be included as a permitted use under Section 23.1.


The building existing on the 12th day of May is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provide that such extension or strengthening or restoration does not further contravene any regulations of this By-law."

BY-LAW 037-2009 Effective Date: April 27, 2009 "775 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 4-M and

4-L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 150 and 151, Registered Plan 547, and portions of the abutting street allowances,


are removed from the "RM2A-H" Residential Multiple Medium Density Zone A - Holding and designated as part of the "R1" Residential One Unit Zone."

B-553 December 2010

BY-LAW 046-2009 Effective Date: May 4, 2009 Amended by By-law 130-2010 Effective Date: December 20th, 2010 "776 (1) In addition to all other provisions of this By-law the following parcel of land


Part of the Northwest Quarter of Section 50, being Part 2 on Reference Plan 55R-12036,

is subject to the following provision:

a) PERMITTED USES:

In addition to the uses permitted in Section 39.1 of this By-law: - bank with a maximum gross floor area of 160 square metres - drugstore - foodstore - pharmacy - restaurant - shopping centre are deemed to be included as permitted uses."

BY-LAW 031-2009 Effective Date: May 11, 2009 OMB Order PL090542 – January 5, 2010

"777 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 3-S of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 149-152, Plan M-44, including the abutting street and lane allowances


are removed from the "GC2" General Commercial Zone 2 and designated as part of the "R2" Residential One and Two Unit Zone

(2) NOTWITHSTANDING the zone designation as shown on Zoning Map 3-S of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 153-155, Plan M-44, including the abutting street and lane allowances All shown as “PROPERTY LOCATION 2” on EXHIBIT ONE to and forming part of this By-law, Are removed from the “GC2” General Commercial Zone 2 and designated as part of the “RM2A” Residential Multiple Medium Density Zone A.

(3) NOTWITHSTANDING the provisions of Section 13.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands being more particularly described in subparagraph 777 (1), the following provision applies:

B-554 December 2010

a) Permitted Uses:

The provisions of Section 13.1 shall continue to apply except that a “residential care facility one” shall not be a permitted use.

(4) NOTWITHSTANDING any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands being more particularly described in subparagraph 777 (2), the following provision applies:

a) Buffering:

A privacy fence shall be provided and maintained along the entire length of the easterly side lot line.”

BY-LAW 050-2009 Effective Date: June 15, 2009 "778 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 4K and

4L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 13 and 14, Registered Plan 371, and Part of Mining Location R-1, and a portion of the abutting road allowances, and shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this By-law,

are removed from the "R1-H" – Residential One Unit Zone - Holding and designated as part of the "R1A-H" – Residential One Unit Zone A – Holding.

(2) NOTWITHSTANDING the zone designation as shown on Zoning Maps 4K and

4L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lots 13 and 14, Registered Plan 371, and Part of Mining Location R-1, and a portion of the abutting road allowances, and shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law,

are removed from the "R1-H" – Residential One Unit Zone - Holding and designated as part of the "OS" – Open Space Zone."



BY-LAW 059-2009 Effective Date: June 23, 2009 "779 (1) NOTWITHSTANDING the zone designation as shown on Zoning

Map 6-L of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lots 7 & 8, Plan 760, municipally known as 1141 Golf Links Road

B-555 December 2010

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, and

(2) NOTWITHSTANDING the provisions of Sections 27.1 and 27.2 of this By-law,

or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 779 (1):


(a) PERMITTED USES:

In addition to the uses permitted in Section 27.1 and 27.2 of this By-law, a food store is deemed to be included as a permitted use.

(b) MAXIMUM GROSS LEASABLE AREA: Under Section 27.2:

1250 square metres for a Food Store”.

BY-LAW 060-2009 Effective Date: August 24, 2009 "780 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 4N and

5N of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 4, Con A, being Parts 2 and 3 Reference Plan 55R-8582, and a portion of the abutting street allowance,

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, are removed from the "NIN"- Neighbourhood Institutional Zone and designated as part of the "CIN-H"- Community Institutional Zone Holding.

(2) NOTWITHSTANDING the provisions of Sections 4, 5.13.1(a), 5.13.9(b) and

38.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 780 (1) of this by-law, excluding the abutting street allowance, the following provisions shall apply:

a) DEFINITIONS

Emergency Services Facility Means a place for the operations of a fire and/or rescue service or an emergency medical response service. The term includes a neighbourhood police station, but excludes a full service police station.

b) PERMITTED USES In addition to the uses permitted in Section 38.1 of this By-law, Emergency Services Facility is deemed to be included as a permitted use under Section 38.1.

c) Maximum Driveway Width The provisions of Section 5.13.1 (a) continue to apply, except in the case of Emergency Services Facility, in which case the maximum driveway width is 16.0 metres.

B-556 December 2010

d) Parking Spaces Required

The provisions of Section 5.13.9 (b) continue to apply, except in the case of Emergency Services Facility, in which case a minimum of one space for every 23 square metres of gross floor area, exclusive of the area being used for vehicle garage is required."

BY-LAW 061-2009 Effective Date: August 24, 2009 "781 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 4N of this

By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block 1, Registered Plan M243, and a portion of the abutting street allowance,


are removed from the "OS"- Open Space Zone and designated as part of the "CIN"- Community Institutional Zone.

(2) NOTWITHSTANDING the provisions of Sections 4, 5.13.1(a), 5.13.9(b) and

38.1 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 781 (1) of this by-law, excluding the abutting street allowance, the following provisions shall apply:

a) DEFINITIONS

Emergency Services Facility Means a place for the operations of a fire and/or rescue service or an emergency medical response service. The term includes a neighbourhood police station, but excludes a full service police station.

b) PERMITTED USES

In addition to the uses permitted in Section 38.1 of this By-law, Emergency Services Facility is deemed to be included as a permitted use under Section 38.1.

c) Maximum Driveway Width

The provisions of Section 5.13.1 (a) continue to apply, except in the case of Emergency Services Facility, in which case the maximum driveway width is 16.0 metres.

d) Parking Spaces Required

The provisions of Section 5.13.9 (b) continue to apply, except in the case of Emergency Services Facility, in which case a minimum of one space for every 23 square metres of gross floor area, exclusive of the area being used for vehicle garage is required."

BY-LAW 013-2009 Effective Date: July 21, 2009 "782 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 8-M and

8-N of this By-law, the lands and premises being more particularly described as:

B-557 December 2010

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 43 to 55 eastside of Franklin Street, Lots 43 to 53 westside of Norah Street, and Part of the Lane Allowance between Lots 43 to 53 eastside of Franklin Street and Lots 43 to 53 westside of Norah Street, Registered Plan 144, municipally known as 510 Franklin Street South, and portions of the abutting street and lane allowances,



(2) NOTWITHSTANDING the zone designation as shown on Zoning Maps 8-M and

8-N of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 56, eastside of Franklin Street, Registered Plan 144, municipally known as 510 Franklin Street South, and portions of the abutting street and lane allowances,


are removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(3) NOTWITHSTANDING the provisions of Section 15.2.10(a) of this By-law, or

any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraphs 782(1) and 782(2) of this By-law, excluding the abutting street and lane allowances,


(a) MAXIMUM HEIGHT

The maximum height for an apartment dwelling, long-term care facility, retirement residence or senior citizens dwelling shall be 15.0 metres."

BY-LAW 074-2009 Effective Date: July 27, 2009 "783 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-L of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part Lot 13, Plan W-756 and Part Lot 1, Plan 677; and Part of Lot 1, Plan 677, being Parts 3 and 4, Reference Plan 55R-3268, municipally known as 2600 Arthur Street East, and portions of the abutting street allowances,


are removed from the" RM2A" - Residential Multiple Medium Density Zone A and designated as part of the "NC2" – Neighbourhood Commercial Zone.

(2) NOTWITHSTANDING the provisions of Sections 4.124 b), 5.13.1, 5.13.4, 5.13.9

b), 23.1, 23.2.4 to 23.2.7, 23.2.9 and 23.2.11 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of

B-558 December 2010

this By-law, in the case of the lands and premises being more particularly described in subparagraph 783 (1), excluding the abutting street allowances,


a) DEFINITIONS

Front Lot Line The northerly lot line is the front lot line.

b) Permitted Uses:

(i) The provisions of Section 23.1 continue to apply except in the case of the buildings existing on the 15th day of June, 2009 in which case a duplex dwelling and a motel with up to 36 units are also deemed to be included as permitted uses under Section 23.1.

(ii) An automotive gas bar is not a permitted use.


8.5 metres. d) Required Parking Spaces:

The provisions of Section 5.13.9 b) continue to apply, except that in the case of a motel, or a shopping centre located within the building existing on the 15th day of June, 2009 a minimum of 35 parking spaces are required.

e) Dimensions of Parking Spaces and Aisles

The provisions of Sections 5.13.1 and 5.13.4 continue to apply, except that the non-complying parking spaces and aisles existing on the 15th day of June, 2009, are permitted.

f) Maximum Number of Main Uses and Main Buildings per Lot:

The provisions of Section 23.2.9 continue to apply, except that in the case of the buildings existing on the 15th day of June, 2009, two main uses and two main buildings are permitted.

g) Maximum Gross Leasable Floor Area:

The provisions of Section 23.2.11 continue to apply, except that in the case of the motel building existing on the 15th day of June, 2009, the maximum gross leasable floor area is 1,100 square metres.

h) Existing Buildings:

The buildings existing on the 15th day of June, 2009 are permitted to remain in their present locations. Nothing in this bylaw shall prevent the strengthening or restoration to a safe condition of all or part of the said buildings, provided that such strengthening or restoration does not increase the height, size of volume of the existing buildings.


A minimum of 10% of the total area of the lot shall be maintained as landscaped open space; and, a minimum of 40% of the required landscaped open space shall be located within the front yard."

B-559 December 2010


OMB Order PL090909 – November 17, 2010

"784 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map (4Q) of this By-law, the lands and premises referred to in this paragraph as the “Affected Land”, being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 121, Block 83, South Part of Lot 7 and Stephens Street closed, plus Abutting Road Allowances municipally known as 395 Algoma Street North


are removed from the "R2" – Residential One and Two Unit Zone and designated as part of the "RM1-H" – Residential Multiple Low Density Zone Holding.

(2) Until the “H” – Holding Symbol is removed from the Affected Land, in

accordance with Section 36 of the Act, only uses, buildings and structures lawfully existing on the 1st day of September, 2009 are permitted.

(3) NOTWITHSTANDING the provisions of Sections 14.2.4, 14.2.9 and 14.2.11 of

this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the affected land, the following provisions shall apply:

a) DEFINITIONS

In addition to the definitions in Section 4.0 of this By-law, the following definition applies: SCREENED BALCONY means a structure without a roof attached to and extending horizontally from the wall or walls of a main building, and having no separate foundation on the ground to hold it erect, having direct access from the interior of the said building and no direct access to the ground, the floor of which is greater than 0.6 metres about finished grade, and constructed and maintained in such a manner that will serve to effectively screen view into the rear yards of the abutting residential properties on the north lot line and the south lot line.

b) EAST BALCONIES Any balcony on the east face of any residential building on the lands and premises in Exhibit One must be a screened balcony.

c) Minimum Front and Rear Yard

A combined front yard and rear yard of 14.0 meters shall be maintained, provided that a minimum front yard of 6.0 meters is required.

d) Maximum Height:

13.0 metres, with the proviso that the owner is not permitted to introduce fill (except in accordance with the approved lot grading and drainage plan) in order to elevate the “finished grade of the lot” as referenced in the definition of “height” in Section 4.89 of this By-law.

e) Maximum Lot Coverage (14.2.11): 36%"

B-560 December 2010

BY-LAW 092-2009 Effective Date: September 21, 2009 "785 (1) NOTWITHSTANDING the provisions of Sections 4 and 37.1 of this By-law, or

any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 42, Lots 82-86 and Lots 115-119, and Plan 232, Lots 14-21 and Part of Brock Street (closed),

all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part

of this By-law,


(a) DEFINITIONS Children's Clinic: Means the "children's clinic" means the use of land or buildings or structures for the diagnosis, assessment and treatment of children 0-18 years of age with developmental disabilities, and their families, by one or more social workers, clinical therapists or counsellors, intended to support education and child well-being, where no overnight accommodation is provided.

(b) PERMITTED USES:

In addition to the uses listed in Section 37.1 of this By-law, a children's clinic as defined in subparagraph (a) above is deemed to be included as a permitted use in Section 37.1 and in the building existing on the 21st day of September, 2009."

BY-LAW 098-2009 Effective Date: October 19, 2009 “786 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 9E and

9F of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part Lot 1, Registered Plan W-254 and portions of the abutting street allowances,


are removed from the "CIN"- Community Institutional Zone and designated as part of the "RS"- Residential Suburban Zone."

BY-LAW 097-2009 Effective Date: October 19, 2009 “787 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map (3S) of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 540, Lots 5-6 and Part of Lot 7


B-561 December 2010

are removed from the "R2" Zone and designated as part of the "RM1" Zone."

BY-LAW 107-2009 Effective Date: November 9, 2009 "788 (1) The following parcel of land (referred to in this paragraph as the "Affected Land")


A portion of Lots 16 and 17, Registered Plan 106, portions of the abutting street and lane allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "NIN" – Neighbourhood Institutional Zone, as shown on Zoning Maps 5N and 5O, and is instead designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) The provisions Sections 4, 23.1, 23.2.1, 23.2.4, 23.2.5, 23.2.6, 23.2.7, and 23.2.11 of this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subjected to the following provisions:

a) Existing building:

The building existing on the 27th day of July, 2009, is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

b) PERMITTED USES:

In addition to the uses permitted in Section 23.1 of this By-law, a "commercial school," as defined in subparagraph f) below, a "community clinic" and a "veterinary clinic" are deemed to be included as permitted uses in Section 23.1. An "automotive gas bar," and "automotive service station" are deemed not to be included as permitted uses in Section 23.1.

c) Maximum Lot Area:

11500.0 m². d) Maximum Gross Leasable Area:

2200.0 m². e) Landscaped Open Space

A minimum of 10% of the area of the lot shall be maintained as landscaped open space, which includes a 3.0 metre wide landscaped open space along all lot lines abutting a street and residential zones, exclusive of driveway and pedestrian walkway entrances.

f) DEFINITIONS:

commercial school

Means a school other than an educational institution where instruction, excluding instruction related to vehicles, heavy

B-562 December 2010

equipment, or industrial activity, is provided for gain or profit to pupils of any age."

BY-LAW 110-2009 Effective Date: November 9, 2009 “789 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-O of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 16-22, Plan 516, including the abutting street allowance,


is removed from the "NIN" Neighbourhood Institutional Zone, and is instead designated as part of the "R2-H" Residential One and Two Unit Zone - Holding;

(2) Until the "H" holding symbol is removed from the subject property, in accordance


a) Only uses, buildings and structures lawfully existing on the 23rd day of September 2008 are permitted.

b) No new buildings and structures are permitted. (3) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-O of

this By-law, the lands and premises being more particularly described as: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 23-25, Plan 516, including the abutting street allowance,


is removed from the "NIN" Neighbourhood Institutional Zone, and is instead designated as part of the "R2" Residential One and Two Unit Zone;

(4) NOTWITHSTANDING the provisions of Sections 13.2.2 (b) and 13.2.7 (b)(ii) of

this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 789 (1) and (3):



For a single detached dwelling with municipal piped water and municipal sewage disposal: Minimum 9.5 metres.

b) Minimum Interior Side Yard for Uses Other than a Converted Dwelling or

a Semi-detached Dwelling: Where no rear access is provided and there is no attached garage or carport and there is no exterior side yard: Minimum 3.0 metres for one interior side yard and 1.0 metres for the other side yard."

B-563 December 2010

(5) IN ADDITION TO all other provisions of this By-law, in the case of the lands and premises being more particularly described as Lot 25, Plan 516, the following provision shall apply:

Buffering:

A buffer strip and/or privacy fence shall be provided and maintained along the entire length of the easterly interior side lot line. The fence shall have a maximum height of 1.22 metres from the front lot line to a point 6.0 metres from the front lot line and a minimum height of 1.6 metres from the said point to the rear lot line.

NOTE: By-law 107-2010 amends By-law 110-2009 Paragraph “789” removes H-symbol BY-LAW 058-2010 Effective Date: May 17, 2010 “790 (1) NOTWITHSTANDING provisions of Sections 4 and 27.1(b) of this By-law, or

any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as: ALL AND SINGULAR that parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 770 Part of Lots 7 and 8 and RP 55R12476 Part 2 ARD118672 and ARD92795

all shown as "PROPERTY LOCATION" on EXHHIBIT ONE to and forming part of this By-law,


a) DEFINITIONS

Mini-warehouse: Means a building or part thereof, which is used primarily for the housing and storage of household goods, wares, merchandise, articles and the like, but does not include fuel storage.

b) PERMITTED USES In addition to the uses listed in Section 27.1(b) of this By-law, a mini-warehouse as defined in subparagraph 790 (1)(a) above and a community clinic are permitted uses in the building existing on the 17th day of May, 2010.

c) TOTAL GROSS FLOOR AREA i) The total gross floor area of a mini-warehouse and/or community clinic in the building existing on the 17th day of May, 2010 shall not exceed 1300 square metres. ii) The maximum gross floor area of a storage unit within a mini-warehouse shall not exceed 16.0 square metres.

d) LANDSCAPED OPEN SPACE

A minimum of 10% of the lot area shall be maintained as landscaped open space except in the case of the building existing on the 17th day of May, 2010, in which case no landscaped open space is required."

B-564 December 2010

BY-LAW 027-2009 Effective Date: December 14, 2009 “791 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 11F and


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 20, Con 3, SKR, more particularly described as the south portion of Part 1, Reference Plan 55R-6286, and a portion of the abutting street allowance,


are removed from the "HC"- Highway Commercial Zone and designated as part of the "RS"-Residential Suburban Zone.

(2) NOTWITHSTANDING the zone designation as shown on Zoning Maps 11F and


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 20, Con 3, SKR, more particularly described as the north portion of Part 6, Reference Plan 55R-6286 and a portion of the abutting street allowance,


are removed from the "RS"- Residential Suburban Zone and designated as part of the "HC"- Highway Commercial Zone.

(3) NOTWITHSTANDING the provisions of Sections 4, 5.12.4(b), 5.13.9(b) and

27.1(b) of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as "PROPERTY LOCATION 2" in subparagraph (2), and the adjacent lands and premises located to the west, identified as ""PROPERTY LOCATION 3" on EXHIBIT ONE to and forming part of this By-law:


a) DEFINITIONS

Storage Units

Means the use of suites or rooms for the storage of household goods and/or a limited range of commercial goods involving separate and secure storage areas or components, for which the owner does not have care, custody or control of the goods being stored. Commercial storage will not include; goods requiring climate control; harmful chemicals; fuels; or other substances that are regulated as dangerous goods. Individual storage arrangements will typically be made for a period of less than one year.

b) PERMITTED USES

In addition to the uses permitted in Section 27.1(b) of this By-law, Storage Units within the commercial building existing on October 20, 2008, is deemed to be included as a permitted use under Section 27.1(b).

c) Parking Spaces Required

B-565 December 2010

The provisions of Section 5.13.9 (b) continue to apply, except in the case of Storage Units, in which case a minimum of one loading space and 24 parking spaces, including one barrier-free parking space are required."

BY-LAW 004-2010 Effective Date: January 18, 2010 “792 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-N of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Plan 220 Lots 1-12, 17-30, 34-49, 52-68, Part of Lots 13, 31, 50, 69 and a portion of Streets and Lanes in Plan 830, part of Block B, Part 1 on Reference Plan 55R-6398 and portions of the abutting street allowances,


are removed from the “RF1” – Residential Future Zone 1 and designated as part of the “RM2A-H” – Residential Multiple Medium Density Zone A - Holding.

(2) NOTWITHSTANDING the provisions of Section(s) 15.2.11 (a) of this By-law, or

any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 792(1), excluding portions of the abutting street allowances:


Maximum Number of Main Uses Per Lot: Two only

(3) NOTWITHSTANDING the provisions of Section 15.1 of this By-law, or any

other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 792(1), further defined as “PROPERTY LOCATION 4” excluding portions of the abutting street allowances,


PERMITTED USES: - group townhouse - buildings, structures, or uses accessory to a permitted use in this Section

(4) NOTWITHSTANDING the provisions of Section 15.2.10(a) of this By-law, or

any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 792(1) further defined as “PROPERTY LOCATION 2”, excluding portions of the abutting street allowances, the following provisions shall apply:

Maximum Height: Apartment Dwelling, Long-term Care Facility, Retirement Residence or Senior Citizen Dwelling: 18.0 metres

B-566 December 2010

(5) NOTWITHSTANDING the provisions of Section 15.2.10(a) of this By-law, or any other provisions of this By-law to the contrary and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 792(1) further defined as “PROPERTY LOCATION 3”, excluding portions of the abutting street allowances,

the following provisions shall apply: Maximum Height: Apartment Dwelling, Long-term Care Facility, Retirement Residence or Senior

Citizen Dwelling: 15.0 metres

(6) Until the “H” holding symbol is removed from the Affected Land, in accordance with Section 36 of the Act, the following provision shall apply:

(a) Only uses, buildings and structures lawfully existing on the 18th day of

January, 2010 are permitted. (b) Nothing in this By-law shall prevent the strengthening or restoration to a

safe condition of all or part of the said buildings and structures, provided that such strengthening or restoration does not increase the height, size, or volume of the said buildings and structures.

(c) No new buildings and structures are permitted.”

NOTE: By-law 063-2011 amends By-law 004-2010 Paragraph “792” removes H-symbol BY-LAW 006-2010 Effective Date: January 18, 2010 "793 (1) The following parcel of land (referred to in this paragraph as the "Affected Land")


Lots 1, 2, 38, and 39 and part of Lots 1 and 40, Block 16, Registered Plan 171 and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "R2" – Residential One and Two Unit Zone, as shown on Zoning Map 6-N, and is instead designated as part of the "NC2" – Neighbourhood Commercial Zone 2.

(2) NOTWITHSTANDING the provisions of Sections 4.115, 23.1, and 23.2.12 of

this By-law or any other provisions of this by-law to the contrary and in addition to all other provisions of this By-law, the Affected Land excluding the abutting street allowances is subject to the following provisions:

a) DEFINITIONS

(i) LOT Means the Affected Land even though these lands may be in more

than one ownership b) PERMITTED USES:

The following are deemed to be the only permitted uses: - community clinic

B-567 December 2010

- dwelling units combined with a community clinic provided that a minimum of 50% of the ground floor area of the building is devoted to a community clinic

- buildings, structures, or uses accessory to a permitted use in this

Section c) Privacy Fence

A privacy fence shall not be required on that portion of the lot abutting a lane.

d) Landscaped Open Space


BY-LAW 007-2010 Effective Date: January 18, 2010 “794 (1) The following parcel of land within the City of Thunder Bay, in the District of

Thunder Bay:

Part of Empire Street Closed, Plan W61 ODA being Part 1 on Reference Plan 55R-9083, and shown as "PROPERTY LOCATION ONE" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "RR" – Railway Zone, as shown on Zoning Maps 9-K and 9-L, and is instead designated as part of the "OS" – Open Space Zone."

(2) NOTWITHSTANDING the provisions of Sections 40.1 of this By-law or any

other provisions of this by-law to the contrary and in addition to all other provisions of this By-law, the following parcel of land within the City of Thunder Bay, in the District of Thunder Bay:

Part of Empire Street Closed, Plan W61 ODA being Part 1 on Reference Plan 55R-9083 and Plan 70 Block F Lots 14-58 & Part of Christina Street adjoining Block F and shown as "PROPERTY LOCATION ONE and PROPERTY LOCATION TWO" on EXHIBIT ONE to and forming part of this By-law,


a) PERMITTED USES:

In addition to the uses permitted in Section 40.1 of this By-law, a "library" is deemed to be included as a permitted use.

(3) NOTWITHSTANDING the provisions of Sections 37.1 of this By-law or any


Lot 1 Registered Plan 507 and shown as "PROPERTY LOCATION THREE" on EXHIBIT ONE to and forming part of this By-law,


a) PERMITTED USES:

In addition to the uses permitted in Section 37.1 of this By-law a "library" is deemed to be included as a permitted use."

B-568 December 2010

BY-LAW 008-2010 Effective Date: January 18, 2010 “795 (1) NOTWITHSTANDING the provisions of Sections 40.1 of this By-law or any


Part of Lot 8, Concession I, N.K.R., being Parts 63, 64, 65, and 66 on Reference Plan 55R-7994, and shown as "PROPERTY LOCATION ONE" on EXHIBIT ONE to and forming part of this By-law,


a) PERMITTED USES:

In addition to the uses permitted in Section 40.1 a "library" is deemed to be included as a permitted use.

BY-LAW 009-2010 Effective Date: January 18, 2010 “796 (1) NOTWITHSTANDING the provisions of Sections 5.13.1a), 5.12.4b), 5.13.9b),

38.2.3, 38.2.4, 38.2.5, 38.2.6 and 38.2.7 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1, 2, and 3, part of Lot 4, Block J, Registered Plan 70,


is subject to the following provisions, where a "library" is a permitted use:

a) There shall be no minimum number of Driveway Entrances, no minimum

Number of Loading Spaces, no Minimum Number of Parking Spaces, no Minimum Front Yard; no Minimum Rear Yard; no Minimum Exterior Side Yard and no Minimum Interior Side Yard required

b) Maximum Height:

The maximum height is 15.0 metres BY-LAW 013-2010 Effective Date: February 22, 2010 "797 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 7J, 7K,

8J and 8K of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Block C, Registered Plan W-869, designated as Parts 66 and 67 on Reference Plan 55R-11100, and portions of the abutting street allowances,


are removed from the "R2A" – Residential Two Unit Zone A and designated as part of the "R2" – Residential One and Two Unit Zone."

B-569 December 2010

BY-LAW 028-2010 Effective Date: April 19, 2010 "798 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 5N of this

By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1 & 2, Block 25, Registered Plan 171, municipally known as 98 Algonquin Avenue South, and part of the abutting road allowance,


are removed from the "R2" - Residential One and Two Unit Zone and designated as part of the "RM1"- Residential Multiple Low Density Zone.

(2) NOTWITHSTANDING the provisions of Sections 14.2.1 c)a and 14.2.2 c)a of

this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises described in sub-paragraph (1) the following provisions shall apply:

a) Minimum Lot Area

The provisions of Section 14.2.1 continue to apply, except in the case of a Double Duplex, in which case the minimum lot area is 365.9 square metres for each duplex dwelling.

b) Minimum Lot Frontage The provisions of Section 14.2.2 continue to apply, except in the case of a

Double Duplex, in which case the minimum lot frontage is 10.0 metres for each duplex dwelling."

BY-LAW 037-2010 Effective Date: April 12, 2010 “800 (1) NOTWITHSTANDING the provisions of Sections 5.23.1 (iv) 1) of this By-law,

or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1094, Registered Plan 57, and municipally known as 805 Brodie Street North,


UNDERSIZED LOTS - Minimum Interior Side Yard .64 metres."

BY-LAW 039-2010 Effective Date: May 17, 2010 “801 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-N of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part Lot 11, and Pt lane, Registered Plan W-236,


B-570 December 2010

are removed from the "CIN"- Community Institutional Zone and designated as part of the "R2"- Residential One and Two Unit Zone.

(2) NOTWITHSTANDING the zone designation as shown on Zoning Map 8-N of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portions of the street allowances abutting Part Lot 11, and Part Lane, Registered Plan W-236,


are removed from the "NC2"- Neighbourhood Commercial Zone 2 and designated as part of the "R2"- Residential One and Two Unit Zone.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portion of the street allowance abutting Lot 12, Part Lot 11, and Part Lane, Registered Plan W-236,


are removed from the "NC2"- Neighbourhood Commercial Zone 2 and designated as part of the "CIN"- Community Institutional Zone.



ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of portion of the lane allowance abutting Lot 12, Part Lot 11, Registered Plan W-236,


are removed from the "R2"- Residential One and Two Unit Zone and designated as part of the "CIN"- Community Institutional Zone.

(5) NOTWITHSTANDING the provisions of Sections 13.2.4, 13.2.7 a) i) and 13.2.10

of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1), and shown as "PROPERTY LOCATION 1" on EXHIBIT ONE to and forming part of this By-law,


a) Existing Building

i) The building existing on the 22nd day of February, 2010 is

permitted to remain in its present location. ii) Nothing in this By-law shall prevent the extension, or the

strengthening or restoration to a safe condition of all or part of the

B-571 December 2010

said building, provided that such extension or strengthening or restoration does not further contravene any regulation of this By-law.

b) Maximum Lot Coverage

46 %

(6) NOTWITHSTANDING the provisions of Sections 5.13.9(b), 38.1, 38.2.5 and

38.2.6 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 12, Part Lot 11, and Part Lane, Registered Plan W-236,

and shown as "PROPERTY LOCATION 4" and "PROPERTY LOCATION 5" on EXHIBIT ONE to and forming part of this By-law,


a) Existing Building

i) The building existing on the 22nd day of February, 2010 is permitted to remain in its present location.

ii) Nothing in this By-law shall prevent the extension, or the

strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulation of this By-law.


The provisions of Section 5.13.9 (b) continue to apply, except in the case of a Community Clinic or a Neighbourhood Clinic within the building existing on February 22, 2010, in which case no on-site parking spaces are required."

BY-LAW 045-2010 Effective Date: April 19, 2010 "802 (1) The following parcel of land (referred to in this paragraph as the "Affected Land")


Lots 34, 35 and 36, Plan 132, and a portion of the abutting street and lane allowances, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "R2" – Residential One and Two Unit Zone as shown on Zoning Map 5-O, and is instead designated as part of the "NC2" – Neighbourhood Commercial Zone 2.


law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, the Affected land excluding the abutting street allowances is subject to the following provisions: a) PERMITTED USES:

A "community clinic" is deemed to be included as a permitted use.

B-572 December 2010

b) Buffering In addition to Section 23.2.12, a privacy fence shall be required along the rear lot line.

c) Landscaped Open Space


BY-LAW 046-2010 Effective Date: May 10, 2010 “803 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 5-L, 5-

M, 6-L, and 6-M of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of part of the Northwest Quarter Section 50, being Parts 1, 2, 3, and 4 on Reference Plan 55R-12870 and Lots 1 and 39, Registered Plan 55M-617,


are removed from the "RFI" Residential Future Zone 1 and the "R1" Residential One Unit Zone and designated as part of the "R1-H" Residential One Unit Zone – Holding and the "R1A" Residential One Unit Zone A – Holding, as shown on the said EXHIBIT ONE.

(2) NOTWITHSTANDING the provisions of Sections 5.5 of this By-law, or any

other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 803(1), :


a) Hazard Lands:

The provisions of section 5.5 shall not apply.

(3) NOTWITHSTANDING any other provisions of this By-law to the contrary, until the "H" symbol is removed from the lands described in subparagraph 803(1), in accordance with Section 36 of the Planning Act,:


a) Permitted Uses:

Buildings, structures and uses legally existing on the 10th day of May, 2010."

BY-LAW 066-2010 Effective Date: June 21, 2010 “804 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map(4R) of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 4-6, Lots 12-14, and Pt lane, Block 63, Registered Plan 121, Reference Plan 55R-10373, Part 2

B-573 December 2010


are removed from the "LI" – Light Industrial Zone and designated as part of the "HC" – Highway Commercial Zone.

(2) NOTWITHSTANDING the provisions of Section(s) 27.1(a) and 27.1(b) of this

By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (804), :


PERMITTED USES: In addition to the uses listed in Sections 27.1(a) and 27.1(b) of this By-law a funeral home is deemed to be included as a permitted use in Section 27.1 (b).

Landscaped Open Space:

10% of the lot area"

BY-LAW 067-2010 Effective Date: June 28, 2010 “805 (1) NOTWITHSTANDING the provisions of Section(s) 5.2.2a), 5.13.9, 22.1, 22.2.1,

22.2.2, 22.2.4, 22.2.5, 22.2.8 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as Parcel 1924 Section PAF; Lot 17, Plan M-50


PERMITTED USES

In addition to the uses listed in Section 22.1 of this By-law, an apartment dwelling containing a maximum of four dwelling units in the building existing on the 21st day of June, 2010 is deemed to be included as a permitted use in Section 22.1.

Minimum Lot Area: 306 square metres Minimum Lot Frontage: 10 metres Maximum Lot Coverage: 55% Maximum Lot Coverage of Accessory Buildings: 17% Location of Existing Buildings The buildings existing on the 21st day of June, 2010 are permitted to remain in their present locations. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law"

B-574 December 2010

BY-LAW 064-2010 Effective Date: June 21, 2010 “806 (1) NOTWITHSTANDING any provisions of this By-law to the contrary,

and in addition to all other provisions of this By-law, the following parcel of land within the City of Thunder Bay in the District of Thunder Bay:

being composed of Lots 516–519 and Lots 520-523 Registered Plan M-88, and Pt/Lane, being Part 1 on Reference Plan 55R-1851,

all shown as “PROPERTY LOCATION” on EXHIBIT ONE to and forming part of this By-law,

are subject to the following provisions:

PERMITTED USES:

In addition to the uses permitted in Section 27.1(b) of this By-law, a Fraternal Organization and a Community Clinic are deemed to be included as a permitted use under Section 27.1(b).”

BY-LAW 078-2010 Effective Date: July 26, 2010 “807 (1) NOTWITHSTANDING the provisions of Section 8.1 of this By-law, or any other

provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of the East Part of Lot 1, Registered Plan 622.


a) PERMITTED USES:

In addition to the uses permitted in Section 8.1 of this By-law, an automotive sales establishment is deemed to be included as a permitted use under Section 8.1.

BY-LAW 085-2010 Effective Date: august 30, 2010 "808 (1) The following parcel of land (referred to in this paragraph as the "Affected

Land") within the City of Thunder Bay, in the District of Thunder Bay:

A portion of Lots 16 and 17, Registered Plan 106, portions of the abutting street and lane allowances, and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law,

is removed from the "NIN" – Neighbourhood Institutional Zone, as shown on Zoning Maps 5N and 5O, and is instead designated as part of the "NIN-H" – Neighbourhood Institutional Zone – Holding.

(2) Until the "H" holding symbol is removed from the Affected Land, in accordance


a) Only uses, buildings and structures lawfully existing on the 30th day of August are permitted.

b) Nothing in this By-law shall prevent the strengthening or restoration to a

safe condition of all or part of the said buildings and structures, provided that such strengthening or restoration does not increase the height, size, or volume of the said buildings and structures.

B-575 December 2010


(3) The provisions Sections 37.2.2a), 37.2.5, and 37.2.6 of this By-law continue to apply to the Affected Land. In addition to all other provisions of this By-law, the Affected Land is subjected to the following provisions:


The minimum lot frontage is 12.7 metres. b) Minimum Interior Side Yard:

Despite other requirements in this By-law, a minimum interior side yard of 0.6 metres is required for the buildings existing on the on August 30, 2010.


Despite other requirements in this By-law, a minimum rear yard of 0.6 metres is required for the buildings existing on the on August 30, 2010.

BY-LAW 084-2010 Effective Date: August 30, 2010 "809 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 5-M of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of a portion of Lot 47, Registered Plan 547 and a portion of the abutting street, all shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, are removed from the "RM2A-H" – Residential Multiple Medium Density Zone A – Holding and designated as part of the "R1" – Residential One Unit Zone."

BY-LAW 083-2010 Effective Date: September 20, 2010 “810 (1) NOTWITHSTANDING the provisions of Section 12.1 of this By-law, or any

other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 22 Parcel 22-1.


a) PERMITTED USES

In addition to the uses permitted in Section 12.1 of this By-law, a day nursery is deemed to be included as a permitted use under Section 12.1.

BY-LAW 088-2010 Effective Date: September 20, 2010 "811 (1) NOTWITHSTANDING the provisions of Sections 5.7(k) and 5.7(l) of this By-

law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

B-576 December 2010

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 26, Registered Plan 630, and municipally known as 238 Kline Road, the following provisions shall apply:

(a) HOME OCCUPATION

The provisions of Sections 5.7(k) and 5.7(l) shall continue to apply, except in the case of an automotive service and repairs home occupation, the following shall also apply: Gross Floor Area The area devoted to the home occupation, whether located in the dwelling and/or any accessory buildings or structures, shall not exceed a total gross floor area of 170 square metres. Automotive Service and Repairs The service and repair of vehicles shall be allowed as a home occupation, and shall not allow for any external storage of vehicles, equipment, and materials associated with the home occupation."

BY-LAW 094-2010 Effective Date: September 20, 2010 “813 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-N of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of PIN 62130-0047 LT, Part Lot 20, Plan 106; Part Lane, Plan 642; Part Dalton Avenue, Plan 642, Lots 22-28 and 57-63, Plan 642, Port Arthur; except 119888, subject to PTA 119889, TBR376479 & TBR376481, Thunder Bay, municipally known as 380 Ray Boulevard,


are removed from the “NIN” Neighborhood Institutional Zone and designated as part of the “RM2A” Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the provisions of Section 15.1 of this By-law, or any

other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Parcel 106 Part Lot 20 including Registered Plan 55R1164 Part 9 Plan 642 Lot 22-28, 57-63 & Part DALTON AVE Between & Part Lane.


a) DEFINITION:

A Community Health Resource Centre is defined as a place where members of the public are provided with health, welfare, or social support services and resources and where neither overnight care nor living accommodation is available.

B-577 December 2010

b) PERMITTED USES:

In addition to the uses permitted in Section 15.1 of this By-law, a Community Health and Resource Centre is deemed to be included as a permitted use under Section 15.1.

b) MAXIMUM NUMBER OF MAIN USES AND MAIN BUILDINGS PER

LOT: a) Uses: two b) Minimum distance between buildings: 0.0m

BY-LAW 101-2010 Effective Date: September 27, 2010 “815 (1) NOTWITHSTANDING the zone designation as shown on Zoning By-law Map 7-

L of this By-law: That certain parcel or tract of land and premises more particularly described as: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 1462 and Part Lot 1463, Registered Plan M-40, being Parts 3 and 4 Reference Plan 55R-10924, and part of the abutting road allowance, all comprised of "PROPERTY LOCATION 1", "PROPERTY LOCATION 2", "PROPERTY LOCATION 3" and "PROPERTY LOCATION 4" all as shown on EXHIBIT ONE to and forming part of this By-law, is rezoned as follows:

(a) The land more particularly shown as "PROPERTY LOCATION 1" on

EXHIBIT ONE to and forming part of this By-law,

is removed from the "RS-H" – Residential Suburban Zone – Holding and designated as part of the "R1" – Residential One Unit Zone.

(b) The land more particularly shown as "PROPERTY LOCATION 2"

onEXHIBIT ONE to and forming part of this By-law,

is removed from the "HL-H" – Hazard Land Zone – Holding and designated as part of the "R1" – Residential One Unit Zone.

(c) The land more particularly shown as "PROPERTY LOCATION 3" on

EXHIBIT ONE to and forming part of this Bay-law,

is removed from the "HL-H" – Hazard Land Zone – Holding and designated as part of the "HL" – Hazard Land Zone.

(d) The land more particularly shown as "PROPERTY LOCATION 4" on

EXHIBIT ONE to and forming part of this By-law,

is removed the "RS" – Residential Suburban Zone and designated as part of the "R1" – Residential One Unit Zone.

(2) NOTWITHSTANDING the provisions of Section 5.5, and in addition to all other

provisions of this By-law, in the case of the lands and premises shown as "PROPERTY LOCATION 2" on EXHIBIT ONE to and forming part of this By-law,


B-578 December 2010

(a) Type of Construction on Filled Lands

An engineered foundation shall be required for any construction which requires a building permit.

(b) Required Setback from Hazard Land Zone No setback is required for a building or structure."

BY-LAW 098-2010 Effective Date: September 27, 2010 "816 (1) The following parcel of land (referred to in this paragraph as the "Affected Land")

within the City of Thunder Bay, in the District of Thunder Bay: Lots 43 and 44, Registered Plan 406 and shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this By-law, is removed from the "GC1" – General Commercial Zone 1, as shown on Zoning Map 4-S, and is instead designated as part of the "RM1" – Residential Multiple Low Density Zone.

(2) The portions of the street and lane allowances abutting the Affected Land and

shown as "PROPERTY LOCATION TWO" on EXHIBIT ONE to and forming part of this By-law, are removed from the "NC2" – Neighbourhood Commercial Zone 2, as shown on Zoning Map 4-S, and are instead designated as part of the "RM1" – Residential Multiple Low Density Zone.

(3) Notwithstanding the provisions of Sections 5.13.1d)iv), 5.13.9a), 14.1, 14.2.1,

14.2.4, and 14.2.5 of this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the Affected Land, the following provisions shall apply:

a) PERMITTED USES:

The provisions of Section 14.1 shall continue to apply except in the case of the building existing on the 12th day of December, 2005, in which case an apartment dwelling containing a maximum of six (6) dwelling units is permitted.


The building existing on the 12th day of December, 2005, is permitted to remain in its present location. Nothing in this By-law shall prevent the extension or the strengthening or restoration to a safe condition of all or part of the said building, provided that such extension or strengthening or restoration does not further contravene any regulations of this By-law.

c) Minimum Lot Area – Existing Building:

The provisions of Section 14.2.1 shall continue to apply, except in the case of an apartment dwelling with a maximum of 6 dwelling units in the building existing on the 12th day of December, 2005, in which case the minimum lot area is 576.4 m².


The provisions of Section 14.2.1 shall continue to apply, except in the case of an apartment dwelling with a maximum of 4 dwelling units, in which case the minimum lot area is 576.4 m².

e) OFF-STREET PARKING REQUIREMENTS:

B-579 December 2010


The provisions of section 5.13.9 shall continue to apply, except that a minimum of 8 parking spaces is required for an apartment dwelling with a maximum of six dwelling units in the building existing on the 12th day of December, 2005.

ii) Access to Parking Areas and Spaces:

The provisions of section 5.13.1(d)iv) shall continue to apply, except for an apartment dwelling with a maximum of 6 dwelling units in the building existing on the 12th day of December, 2005, in which case the minimum aisle width is 6.5 metres.

f) Privacy Fence:

A privacy fence shall be constructed and maintained along the north and south property lines along the width of the parking area to the lane. The fence shall have a minimum height of 1.5 metres

BY-LAW 112-2010 Effective Date: October 18, 2010 “818 (1) The following parcel of land (referred to in this paragraph as the “Affected

Land”) within the City of Thunder Bay in the District of Thunder Bay:

Pl 157 E Pt Lot 6 shown as “PROPERTY LOCATION” on EXHIBIT ONE to and forming part of this By-law,

is removed from the “R2” – Residential One and Two Unit Zone, as shown on Zoning Map, and is instead designated as part of the “RM2A” – Residential Multiple Medium Density Zone A.

BY-LAW 106-2010 Effective Date: October 18, 2010 "819 (1) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-O of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lot 5, Plan 516 and the abutting street allowances,


are removed from the "R1A" – Residential One Unit Zone A and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

(2) NOTWITHSTANDING the zone designation as shown on Zoning Map 6-O of


ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Lots 1-4 and Lots 26-30, Plan 516 and the abutting street allowances,


are removed from the "NIN" – Neighbourhood Institutional Zone and and designated as part of the "RM2A" – Residential Multiple Medium Density Zone A.

B-580 December 2010


law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph (1):


a) PERMITTED USES

The provisions of Section 15.1 shall continue to apply except in the case of the building existing on the 18th day of October, 2010, in which case an apartment dwelling containing a maximum of nineteen (19) dwelling units is permitted.

b) Front Lot Line:

Ontario Street is deemed to be the front lot line. c) Buffering:

A privacy fence having a minimum height of 1.6 metres shall be provided and maintained along the westerly lot line.

d) Landscaping:

A minimum landscaped open space of 20% of the lot area shall be provided and maintained and shall include a 1.5 metre wide strip along the westerly lot line and a 3.0 metre wide strip along each street lot line."

BY-LAW 014-2011 Effective Date: March 21, 2011 "820 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 10E and

11E of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 22, Concession 1, Township of Neebing SKR, South of West Riverdale Road, and a portion of the abutting street allowance,


are removed from the "MIN" – Major Institutional Zone and designated as part of the "RU" – Rural Area Zone."

BY-LAW 039-2011 Effective Date: May 16, 2011 "821 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 8-H and

8-I of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 12, Concession 3, N.K.R., and part of the abutting street allowance,


are removed from the "FD" - Future Development Zone and designated as part of the "HC" – Highway Commercial Zone."

B-581 December 2010

BY-LAW 040-2010 Effective Date: May 16, 2011 "822 (1) NOTWITHSTANDING the zone designation as shown on Zoning Maps 8-H and

8-I of this By-law, the lands and premises being more particularly described as:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Thunder Bay, in the District of Thunder Bay, and being composed of Part of Lot 12, Concession 3, N.K.R., and part of the abutting street allowance,


are removed from the "FD" – Future Development Zone and designated as part of the "HC-H" – Highway Commercial Zone - Holding.

(2) NOTWITHSTANDING any other provision of this By-law to the contrary, until

the "H" symbol is removed from the lands described in subparagraph 822(1) of this paragraph in accordance with Section 36 of the Act, the following provisions shall apply:

a) Permitted Uses:

Buildings, structures and uses legally existing on the 16th day of May, 2011.

(3) NOTWITHSTANDING the provisions of Sections 27.1(a), 27.1(b), and 27.2.7 of

this By-law, or any other provisions of this By-law to the contrary, and in addition to all other provisions of this By-law, in the case of the lands and premises being more particularly described in subparagraph 822(1), excluding the abutting street allowance,


a) Permitted Uses:

The provisions of Sections 27.1(a) and 27.1(b) shall continue to apply except that an "automotive gas bar" and an "automotive service station" shall not be permitted uses.

b) Maximum Height:

The maximum height for a hotel shall be 18.0 metres."

SCHEDULE B - Thunder Bay · being in the City of thunder Bay, formerly in the City of Fort William,...

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