all and singular that certain parcel or tract of land and …€¦ ·  · 2005-03-02all and...

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B - 185 December 2001 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, the following provisions shall apply: (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 : 2800.0 square metres (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 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. (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."

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Page 1: ALL AND SINGULAR that certain parcel or tract of land and …€¦ ·  · 2005-03-02ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying ... THENCE South

B - 185 December 2001

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,

the following provisions shall apply:

(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:

2800.0 square metres

(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

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.

(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."

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B - 186 December 2001

BY-LAW 155-1990 Effective Date: June 25, 1990

"299 (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, 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,

the following provisions shall apply:

(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."

BY-LAW 158-1990 Effective Date: June 25, 1990

"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,

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 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,

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B - 187 December 2001

the following provisions shall apply:

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,

the following provisions shall also apply:

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;

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B - 188 December 2001

THENCE North 89 degrees 58 minutes 10 seconds West 4.600 metres;

THENCE south 0 degrees 01 minutes 50 seconds West 4.600 metres;

THENCE North 89 degrees 58 minutes 10 seconds West 9.200 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.

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B - 189 December 2001

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,

All as shown as "PROPERTY LOCATION" on EXHIBIT ONE to and forming part of this paragraph,

the following provisions shall apply:

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."

BY-LAW 156-1990 Effective Date: June 25, 1990

"302 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:

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B - 190 December 2001

ALL AND SINGULAR that certain parcel or tract 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."

BY-LAW 232-1990 Effective Date: October 22, 1990

"303 (1) NOTWITHSTANDING the provisions of Section 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 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,

the following provisions shall apply:

(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.

(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 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,

the following provisions shall also apply:

(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)

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B - 191 December 2001

BY-LAW 170-1990 Effective Date: July 23, 1990

"304 (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 Lot Thirty-eight (38), Registered Plan Number 521, 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 "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,

the following provisions shall apply:

a) PERMITTED YARD ENCROACHMENTS

Architectural Features:

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.

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B - 192 December 2001

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."

BY-LAW 201-1990 Effective Date: August 27, 1990

"305 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, 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."

BY-LAW 199-1990 Effective Date: August 27, 1990

"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;

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B - 193 December 2001

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,

the following provisions shall apply:

a) OFF-STREET PARKING REQUIREMENTS

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.

b) PERMITTED USES

In addition to the uses listed in Section 32.1 of this By-law, office shall also be permitted."

BY-LAW 198-1990 Effective Date: August 27, 1990

"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.

(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 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:

a) RESTRICTED BUILDING AREA:

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."

BY-LAW 202-1990 Effective Date: August 27, 1990

"308 (1) 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:

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B - 194 December 2001

ALL AND SINGULAR that certain parcel or tract 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)."

BY-LAW 251-1990 Effective Date: November 13, 1990

"309 (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, namely:

ALL AND SINGULAR that certain parcel or tract 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:

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 "HI" - Heavy Industrial Zone and designated as part of the "GC2" - General Commercial Zone 2.

(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:

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B - 195 December 2001

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,

the following provisions shall apply:

(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.

(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 (2) of this paragraph, the following provisions shall also apply:

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."

BY-LAW 211-1990 Effective Date: September 10, 1990

"310 (1) 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:

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B - 196 December 2001

ALL AND SINGULAR that certain 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,

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 "RM2A" - Residential Multiple Medium Density Zone A.

(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,

the following provisions shall apply:

a) the maximum height allowed for any permitted use shall be 11.0 metres."

BY-LAW 217-1990 Effective Date: September 24, 1990

"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,

the following provisions shall apply:

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."

BY-LAW 215-1990 Effective Date: September 24, 1990

"312 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:

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B - 197 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 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:

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B - 198 December 2001

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 and Part One (1), Description Reference Plan 55R-8342."

BY-LAW 216-1990 Effective Date: September 24, 1990

"313 NOTWITHSTANDING the provisions of Section 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, in the District of Thunder Bay and being composed of Lot Three (3), Registered Plan 55M-495,

the following provisions shall apply:

a) Minimum Exterior Side Yard:

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."

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B - 199 December 2001

BY-LAW 238-1990 Effective Date: October 22, 1990

"314 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 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 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,

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:

ALL AND SINGULAR that certain parcel or tract 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,

the following provisions shall apply:

(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."

BY-LAW 253-1990 Effective Date: November 13, 1990

"316 (1) NOTWITHSTANDING the zone designation thereof as shown on Zoning Map 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, 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.

(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 Block "D", Registered Plan 853,

the following provisions shall apply:

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.

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B - 200 December 2001

(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,

the following provisions shall apply:

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:

2800.0 square metres

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,

the following provisions shall also apply:

a) no part of any driveway or private parking area shall be located in the required front yard."

BY-LAW 250-1990 Effective Date: November 13, 1990

"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,

are hereby removed from the "HL" - Hazard Land Zone and designated as part of the "RS" - Residential Suburban 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:

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B - 201 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 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."

BY-LAW 263-1990 Effective Date: November 26, 1990

"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:

ALL AND SINGULAR that certain parcel or tract 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:

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.

the following provisions shall apply:

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."

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B - 202 December 2001

BY-LAW 262-1990 Effective Date: November 26, 1990

"319 (1) NOTWITHSTANDING the provisions of Section 4.10 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 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,

the following provisions shall apply:

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,

the following provisions shall apply:

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."

BY-LAW 259-1990 Effective Date: November 26, 1990

"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,

the following provisions shall apply:

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B - 203 December 2001

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

Architectural Features:

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

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

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B - 204 December 2001

ALL AND SINGULAR that 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:

Premising that the Northerly boundary of Lot 2053 Plan M-42 has a bearing of North 89 degrees 43 minutes and 50 seconds East, and relating all hearings herein thereto;

Commencing at the Northwest corner of Lot 2053 on Plan M-42,

Thence Easterly along the Southerly boundary of a 4.267 metres (14 feet) Lane which is also the Northerly boundary of Lots 2053 to 2075 on Plan M-42 to the Northeast corner of said Lot 2075,

Thence Southerly along the Easterly boundary of said Lot 2075 to the Southeast corner of said Lot 2075,

Thence Southerly along the extension of the said Easterly boundary of said Lot 2075 across 13TH Avenue to the Northeast corner of Lot 1984 Plan M-42;

Thence Easterly along the extension of the Northerly boundary of said Lot 1984 across Gorham Street (formerly Rowan Street) to the Northwest corner of Lot 1983 Plan M-42;

Thence Southerly along the Westerly boundary of said Lot 1983 to the Southwest corner of said Lot 1983;

Thence Southerly along the extension of the said Westerly boundary of said Lot 1983 across a 4.267 metres (14 feet) Lane to the Northwest corner of Lot 1960 Plan M-42;

Thence Southerly along the Westerly boundary of said Lot 1960 to the Southwest corner of said Lot 1960;

Thence Easterly along the Northerly boundary of 14TH Avenue which is also the Southerly boundary of Lots 1960 to 1967 on Plan M-42 to the Southeast corner of said Lot 1967;

Thence Easterly along the extension of the said Southerly boundary of said Lot 1967 across a 6.096 metres(20 feet) Lane to the Southwest corner of Lot 1968 Plan M-42;

Thence Easterly along the Northerly boundary of 14TH Avenue which is also the Southerly boundary of Lot 1968 on Plan M-42 a distance of 26.466 metres (90.11 feet) to a point which is distant 3.048 metres (10.0 feet) west from the Southeast corner of said Lot 1968, which is also the Northwest corner of the intersection of the said 14TH Avenue and Memorial Avenue (formerly May Street) on Plan M-42;

Thence South 0 degrees five minutes 10 seconds East a distance of 24.384 metres (80 feet) to a point in the Northerly boundary of Lot 1859;

Thence South 0 degrees 02 minutes 10 seconds East a distance of 22.86 metres (75 feet) to a point in the Southerly boundary of Lot 1857;

Thence South 89 degrees 44 minutes 20 seconds West a distance of 30.498 metres (100.06 feet) to a point;

Thence South 0 degrees 01 minutes 20 seconds West a distance of 15.249 metres (50.03 feet) to a point;

Thence South 89 degrees 45 minutes 50 seconds West a distance of 3.048 metres (10 feet) to a point in the Easterly limit of Lot 1851 Plan M-42;

Thence South 0 degrees 04 minutes 40 seconds East a distance of 39.337 metres (129.06 feet) to a point in the centreline of 15TH Avenue;

Thence South 89 degrees 48 minutes 40 seconds West along the centreline of said 15TH Avenue a distance of 19.925 metres (65.37 feet) to a point;

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B - 205 December 2001

Thence South 0 degrees 04 minutes 40 seconds East a distance of 12.192 metres (40 feet) to the Northeasterly corner of Lot 1746 Plan M-42;

Thence Southerly along the Easterly boundary of said Lot 1746 to the Southeast corner of said Lot 1746;

Thence Southerly along the extension of the said Easterly boundary of said Lot 1746 across a 4.267 metres (14 feet) Lane to the Northeast corner of Lot 1733 Plan M-42;

Thence Southerly along the Easterly boundary of said Lot 1733 to the Southeast corner of said Lot 1733;

Thence Westerly along the Northerly boundary of 16TH Avenue which is also the Southerly boundary of Lots 1733 to 1728 on Plan M-42 to the Southwest corner of said Lot 1728, which is also the Northeast corner of the intersection of the said 16TH Avenue and Gorham Street (formerly Rowan Street) on Plan M-42;

Thence Westerly along the extension of the Southerly boundary of said Lot 1728 across said Gorham Street to the Southeast corner of Lot 1727 Plan M-42;

Thence North 81 degrees 32 minutes 50 seconds West 161.721 metres (530.58 feet) to a point in the Easterly boundary of Lot 1706 Plan M-42;

Thence North 12 degrees 09 minutes 30 seconds West 104.446 metres (342.67 feet) to a point in the Westerly boundary of Lot 1890 Plan M-42;

Thence Northerly along the Westerly boundary of said Lot 1890 a distance of 28.313 metres (92.89 feet) more or less to the Northwest corner of said Lot 1890;

Thence Northerly along the extension of the Westerly boundary of said Lot 1890 across 14TH Avenue to the Southwest corner of Lot 1937 Plan M-42;

Thence Northerly along the Westerly boundary of said Lot 1937 to the Northwest corner of the said Lot 1937;

Thence Northerly along the extension of the Westerly boundary of said Lot 1937 across a 4.267 metres (14 feet) Lane to the Southwest corner of Lot 2006 on Plan M-42;

Thence Northerly along the Westerly boundary of said Lot 2006 to the Northwest corner of the said Lot 2006;

Thence Northerly along the extension of the Westerly boundary of said Lot 2006 across 13TH Avenue to the Southwest corner of Lot 2053 on Plan M-42;

Thence Northerly along the Westerly boundary of said Lot 2053 to the Northwest corner of the said Lot 2053 which is the point of commencement herein;

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, 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 described in Subparagraph (1) of this paragraph, the following provisions shall apply:

(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.

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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.

(c) Minimum Lot Frontage:

Shall be the lot frontage of the lands to which this paragraph applies.

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(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:

17,640 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:

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(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."

BY-LAW 32-1991 Effective Date: February 25, 1991

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

"322 (1) 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:

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;

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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:

Lots 2813 through 2817, Plan M-57;

EIGHTHLY:

Lots 2832 through 2845, Plan M-57;

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:

Lots 2854 through 2859, Plan M-57;

TWELFTHLY:

Lots 2871 through 2877, Plan M-57;

THIRTEENTHLY:

Lot 2878, Plan M-57, save and except Part 2 on Reference Plan 55R-2427;

FOURTEENTHLY:

Lots 3012 through 3016, Plan M-57;

FIFTEENTHLY:

Lots 3019 through 3025, Plan M-57;

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;

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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."

(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 and 26.2.10 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.

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(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.

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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

Means the required front yard shown on EXHIBIT ONE to and forming part of this paragraph.

(xi) YARD, EXTERIOR SIDE

Means the required exterior side yard shown on EXHIBIT ONE to and forming part of this paragraph.

(xii) YARD, INTERIOR SIDE

Means the required interior side yard shown on EXHIBIT ONE to and forming part of this paragraph.

(xiii) YARD, REAR

Means the required rear yard shown on EXHIBIT ONE to and forming part of this paragraph.

(b) OFF-STREET PARKING REQUIREMENTS

(i) Access to Parking Areas and Spaces:

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.

(ii) Calculation of Spaces:

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 metres one space for every 20.1 square metres of gross retail floor area shall be required.

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(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 subclause (ii) hereof, the maximum gross leasable area shall be 29,850.0 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.

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(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."

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,

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

BY-LAW 281-1990 Effective Date: December 17, 1990

"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,

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 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 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,

the following provisions shall apply:

a) Minimum Lot Frontage:

15.0 metres."

BY-LAW 282-1990 Effective Date: December 17, 1990

"325 Repealed by B-law 101-1991 Effective Date: May 13, 1991

BY-LAW 8-1991 Effective Date: January 14, 1991

"326 NOTWITHSTANDING the provisions of Sections 4.126 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:

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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,

the following provisions shall apply:

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."

BY-LAW 1-1991 Effective Date: January 14, 1991

"327 Repealed by By-law 265-1991 Effective Date: October 15, 1991

BY-LAW 31-1991 Effective Date: February 25, 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 following provisions shall apply:

a) Minimum Interior Side Yard:

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, namely: