BYLAW - Restricted Area By law - 19750331 - 204275G/~~~~
~
~ ~~ '
\l
BY-LAW NUMBER 2042-75
OF .THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA
BEING A RESTRICTED AREA BY-LAW TO REGULATE
THE USE OF LAND AND TO PROHIBIT CERTAIN USES
OF LAND IN THAT PART OF THE TOWN OF AURORA,
FORMERLY IN THE TOWNSHIP OF WHITCHURCH
NOW THEREFORE THE CORPORATION OF THE TOWN OF AURORA ENACTS AS
FOLLOWS:
1. AREA RESTRICTED:
The lands restricted by this by-law shall comprise the whole
of that part of the Town of Aurora which was, immediately
prior to January 1st, 1971, within the geographical limits
of the former Township of Whitchurch.
2. GENERAL PROVISIONS:
No building or land shall hereafter be used or occupied, no
building or part thereof, shall be erected, moved or
structurally altered except in conformity with the require-
ments of this by-law.
3. DEFINITIONS:
(a) "accessory building" shall mean a building, attached
or detached, which is customarily incidental and
subordinate to the main use of the lot and which is
not used or intended for use as human habitation;
(b) "building height" shall mean the vertical distance
measured from the average grade to:
(i) In the case of a flat roof,the highest point
of the roof surface, or the .parapet, which-
ever is the higher;
(ii) In the case of a mansard roof, the roof
deckline or;
(iii) In the case of any other roof, the mean
height between the eaves and the ridge,
exclusive of any penthouse, chimney, tower
or steeple;
(c) "coverage" shall mean that portion of a lot which is
or may be covered with buildings or.other structures;
(d) "dwelling unit" shall mean a separate set of living
quarters designed or intended for use or used by not
more than one family which may include not more than
two (2) boarders, and which shall include at least
one room and separate kitchen conveniences, with
private entrance from outside the building or from a
common hallway or stairway inside;
(e) "dwelling, single-family detached" shall mean a
separate building containing only one dwelling unit
and occupied by only one family;
(f) "erect" shall mean the erection, building, enlarge-
ment, construction or reconstruction of any structure,
and shall include removal and relocation and any
physical operation such as excavating, filling or
draining;
- 2 -
(g) "floor area, ground" shall mean the area of the building
measured to the outside walls, excluding, in the case of
a dwelling, any private garage, porch or veranda;
(h) "garage, private" shall mean a building other than a
carport, not over one storey in height, used or
intended for the. storage of passenger motor vehicles
wherein neither servicing for profit is conducted nor
storage of commercial vehicles is permitted, and may
form a part of the main structure;
(i) "lot" shall mean a parcel of land which abutts upon a
public road or street and which is a lot according to
a registered plan of subdivision or which is separately
described in a registered instrument, registered prior
to the date of passing of this by-law, or is a residual
parcel remaining as a result of the duly conducted
division of a larger parcel;
(j) "lot area" shall mean the total horizontal area within
the lot lines of a lot;
(k) "obnoxious use" shall mean any use which shall be a
nuisance to the occupants or owners of any neighbouring
land or building by reasons of the emission from the
said land or any part thereof, or the creation thereon,
of odours, gases, dirt, smoke, noise, vibration, fumes,
cinders, soot, waste or otherwise;
(1) "public authority" shall mean any school board, public
utility commission, transportation commission, public
or other board, commission, committee or local authority
established or exercising any power or authority under
any general or special statute of Ontario with respect
to any of the affairs or purposes of a municipality or
a portion thereof and includes any committee or local
authority established by by-laws of the Council;
(m) "structure" shall mean any material object or work
erected as a unit or constructed or put .together of
dependent parts or elements, located on, under or above
the surface of the ground and does not include signs
and mobile homes;
(n) "yard" shall mean an open and uncovered portion of a
lot or parcel of land unoccupied from the ground to the
sky and which extends along the entire length of a
front, side and rear lot line and includes a front,
side and rear yard.
4. PROVISIONS FOR ALL ZONES:
(a) Reduction of Yards --no part of a yard or other open
space, required about any building for the purpose of
complying with the provisions of this by-law, shall be
included as part of a yard or other open space similarly
required for another building.
(b) Licences, Permits and Other By-laws --nothing in this
by-law shall operate to relieve any person from the
obligation to comply with the requirements of the
Building By-laws of the Town of Aurora or any other by-
laws of the Town of Aurora in force from time to time,
or the obligation to obtain any license, permit,
authority, or approval which may be otherwise lawfully
required.
I
I
5.
5.1
- 3 -
(c) Uses Permitted in All Zones --nothing in this by-law
shall prevent the use of any land within the defined
area as a public park, public street, or for the
erection of public and separate schools within the
meaning of the Public and Separate Schools Act for
the Province of Ontario, or for the structures essential
to the operation of public authorities, provided that
any building and lands used or occupied shall be
designed and landscaped in accordance with the general
character of the zone in which it is located. In
addition, no goods, material or equipment shall be
stored in the open, except as permitted in such zone
and the provisions of the zone within which the use
is located shall be complied with.
(d) Frontage on a Public Street --no persons shall erect
a building or structure and no person shall use any
building, structure, lot or parcel in the defined
areas, unless the lot or parcel to be so used or upon
which the building is situated, erected or proposed
to be erected, abuts or fronts on a public street.
(e) Roof Overhang --no roof, eave, enclosed structure or
patio shall penetrate the minimum yards required by
this by-law by a horizontal distance of more than
one foot ( 1 ' -0") •
(f) Coverage --except as hereinafter provided for in a
specific performance standard, the building or
buildings on a!ot or parcel of land-shall not cover
more than thirty-three per cent (33%) of the area of
the said lot or parceL
(g) Height of Building --buildings shall not exceed
ninety (90') feet maximum.
ZONES:
For the purposes of this by-law the following zones are
hereby established:
Rural (R)
This zone shall comprise the whole of the lands covered by
this by-law except those which are specifically included in
some other zone by the terms of this by-law.
5.1.1 Uses Permitted:
-Agricultural uses such as Farming, Soil Cultivation,
Livestock Rearing and other enterprises customarily
carried on in the field of general agriculture
-Apiary
-Berry or Bush Crop
-Breeding, Raising or Training of farm animals and horses.
-Flower Gardening
-Grazing
-Orchard
-Riding Stable
-Tree Nursery
-Vegetable Garden
-wood Lot
5.1.2 The above shall be deemed not to include the following:
Animal Hospital, Can~ery, Winery, Cold Storage, Dog Kennel,
Feed Lot, Piggery or other agricultural uses which would be
incompatible with nearby residential uses.
- 4 -
5.1.3 Residential Uses in Rural Zones:
5.2
Residential uses in (R) Zones must comply with the following
provisions:
(1) No more than one single-family dwelling with usual
accessory buildings may be erected on one lot,
(2) No dwelling or residential building shall be erected
on any lot except in accordance with the following
standards:
Ninimum lot· area
Ninimum lot frontage
on a public highway
Ninimum setback from centre line
of original allowance for road:
Roadsunder the jurisdiction of
the Regional Nunicipality of
York
Roads under the jurisdiction of
the Town of Aurora
Other standards:
Ninimum side yards
Ninimum ground floor area for a
25 acres
600 ft.
110 ft.
100 ft.
30 ft.
1-storey dwelling 1,500 sq. ft.
Ninimum ground floor area,
more than 1-storey
Naximum dwelling height
900 sq. ft.
35 ft.
Residential Rural Estate First Density (RR2) Zone:
This zone.shall comprise the following lands:
(1) That part of Lot 14, concession 3, in the Town of
Aurora, formerly in the Township of Whitchurch, being
the westerly 1837.24 feet of the southerly 629.09 feet
of the said lot and shown outlined on the plan annexed
hereto as Schedule "A".
(2) All that part of Lots 71 and 72 in Concession 1 of the
said Tow.n, formerly in the Township of Whitchurch, as
is shown designated "RR2" on Schedule "B" hereunto
annexed.
(3) All that part of Lot 72 in the 1st Concession, in the
Township of Aurora, formerly in the Township of Whit-
church, shown on Schedule "C" hereunto annexed.
5.2.1 Permitted Uses:
5.2.2
No person shall use land, or erect or use a building or
structure in a Residential Rural Estate First Density (RR2)
Zone except for one single-family detached dwelling per lot.
Zone Requirements:
In a Residential Rural Estate First Density (RR2) zone,
no person shall erect or use a building except in conformity
with the following regulations:
(a)
(b)
(c)
(d)
(e)
Lot Area (min.)
Lot Frontage (min.)
Front Yard (min.)
Rear Yard (min.)
Side Yards (a) One Side
- 1 Storey
-1\ Storeys
or split level
- 2 Storeys or more
2 Ac.
150 ft.
50 ft.
75 ft.
30 ft.
30 ft.
30 ft. or \ height
of main building
whichever is the
greater
(f) Floor Area (min.)
(g) Lot Coverage (max.)
- 5 -
(h) Height (max.) (main building)
5.2.3 Exceptions:
2,000 sq. ft.
15%
35 ft.
Notwithstanding these zone requirements, in the case of a
registered plan of subdivision the minimum lot area require-
ments above set out shall not apply and the frontage and
area of each lot shown on a_plan of subdivision registered
on or before the date of passing of this by-law shall be
deemed to comply with frontage and. area requirements.
No lot shall be deemed not to conform to the lot area or
lot frontage requirements contained in this section
by reason of the conveyance of part of such lot to any
public authority for public purposes where such lot would
have conformed to such lot frontage or lot depth require-
ments except for such conveyance.
5.3 Open Space (0) Zone:
The following lands are hereby designated and zoned Open
Space (0) :
Those parts of Lots 71 and 72 in the 1st Concession of the
Town of Aurora, formerly in the Township of Whitchurch,
and shown designated "O" on Schedule "B" hereunto annexed.
5.3.1 Uses Permitted:
Open space uses.
5.3.2 Definition:
For the purposes of this by-law, Open Space uses shall
include the following public, semi-public and private uses:
-Athletic fields
-Band stands
-Bowling green
-Community centres
-Gardens
-Golf courses
-Public parks
-Skating rinks and arenas
-Swimming pools and tennis courts
-Conservation and Flood plain land
6. HAZARD LANDS:
'The erection of structures and buildings shall be prohibited
on lands which are subject to flooding or lands where, by
reason of its rocky, low lying, marshy or unstable character,
the cost of construction of satisfactory waterworks, sewage
or drainage facilities is prohibitive.
7. PITS AND QUARRIES:
The making and establishing of pits and quarries within all
the lands covered by this by-law is hereby prohibited.
8. CONTROL OF DEVELOPMENT AND REDEVELOPMENT:
8.1. This section applies to all zones in the area
of the former Township of Whitchurch now
forming part of the present Town of Aurora.
- 6 -
8.2. Council may prohibit the issuance of a building
permit until the owner of any land within the
Town that is to be developed or redeveloped
has entered into one or more agreements with
Council relating to the following facilities and
matters, or until the drawings and plans as
required by items (kl and (1) of this paragraph
have been approved .. Council may require that
the facilities be provided and maintained by the
owner of the land at his sole risk and expense
and to the satisfaction of the Council, in
default thereof the provisions of Section 469 of
.The Municipal Act applying. Council may further
require that the owner post a bond in form
satisfactory to Council to ensure the perfor-
mance of the obligationsof the owner under the
said agreements.
(a) Widenings of highways that abut on the
land that·is being developed or redeveloped.
(b) Subject to The Public Transportation and
Highway Improvement Act, facilities to
provide access to and from the land such
as access ramps and curbings including
the number, location and size of such
facilities and the direction of traffic
thereon.
(c) Off-street vehicular parking and loading
areas and access driveways including the
surfacing of such areas and driveways.
(d) Walkways and all other means of pedestrian
access.
(e) Removal of snow from access ramps, drive-
ways, parking areas and walkways.
/
I
(
-7 -
(f) Grading or change in elevation or contour
of the land and the disposal of storm,
surface and waste water from the land and
from any buildings or structures thereon.
·(g) Conveyance to the municipality, without
cost of easements required for the con-
struction, maintenance or improvement of
any existing or newly required water-
courses, ditches, land drainage works and
sanitary sewerage facilities on and in the
land.
(h) Lighting of the land or of any exterior
portions of any buildings or structures
thereon.
(i) Walls, fences, hedges, trees, shrubs or
other suitable groundcover to provide
adequate landscaping of the land or pro-
tection to adjoining lands.
(j) Vaults, central storage and collection
areas and other facilities and enclosures
as may be required for the storage of
garbage and other waste material, and
the removal of such garbage and other
waste mat.erial at the charge and expense
of the owner.
(kl Plans showing the location of all buildings
and structures to be erected on the land
and the location of the other facilities
required by this by-law.
(1) Perspective drawings and plans showing
building elevations and cross sections of
industrial and commercial buildings, and
residential buildings containing twenty-
five or more dwelling units.
- 8 -
8.3 Any agreement entered into, as referred to in
paragraph 8. 2 above, ·may be registered against
the land to which it applies and the Council
may enforce the provisions thereof against the
owner and, subject to the provisions of The
Registry Act and The Land Titles Act, any and
all subsequent owners of the land.
9. PENALTY:
Any person convicted of a breach of the provisions of this
by-law shall forfeit and pay, at the discretion of the
convicting magistrate, a penalty not exceeding the sum of
$300.00 for eF!ch offence, exclusive of costs, and every such
penalty shall be recoverable under the Municipal Act and the
Summary Convictions Act.
10.. VALIDITY:
No part of this by-law shall come into force without Ontario
Municipal Board approval, but subject to such approval, the
by-law shall take effect from the day of the passing thereof.
REPEAL:
11. By-laws 1916-71, 1953-72, 1998-73 and 2000-73 and amendments
thereto of the Town of Aurora are hereby repealed, such a
repeal to come into effect upon the date of passing of this
by-law.
READ A FIRST TIME THIS 31 day of March ' ·1975.
--r1-+~ n o ... 'P. .... -~·~: v~~-..
MAYOR
-~.!?vi.~.
CLERK (ACTING)
READ A SECOND TIME THIS 3JSTday of MARCH ' 1975 .
.-:t.: ~ P.. L; :~: .13.~ MAYOR:--; -;--;7 :':-; . a~ .. Lc;:£~
CLERK (ACTING)
READ A THIRD TIME AND FINALLY PASSED THIS 31st. day of MARCH.
-~-~-q :~ .. t .. fJ~ .. MAYOR~~
/L ff~g L~ ....... --..... :?.:7.~~:.
CLERK (ACTING)
' 1975.
I I
I,__.,
1 t.-:-t.l.~JI r ; [····--------·. -· ..
TOWN
(FOriMERLY TOVYNSHIP
PJ.\nT OF-LOT 14,
SCJ\IY
·scHEDULE
AUHOFV\
OF WHITCHURCH)
CONCESSION 3
, .. ".300'
"A"
· ------~· ••· . .J.•"' ., r•v
TO BY~LAW ( • )
...
liF.TWf"FN I.OT!I /4 ANO 15 -.. .. . . . . ·····. -----·------· ··-. --· -----·------··-----··------~---------
.•,·
-; ~ ....
..• -'
. '
C.O N CESS I 0 N 7 I I
\ . I .
I
..
[/) c
0 :g
'3
!~
I~
!C
··~
0 --oE
Q) .. ---. ...... .r:. ....
.c ...,
-~ ~ .>
' ' ' ij. ·. J. D. 3ARN£S LIMITED, Surveyors
C.:.d.Htr.tl, Gt"odt>tic, Photn~r.t_mmctric .
And Engint-<-ring Surveys
• ron:O~To f \ OUAWA ' .. J--___;::::::::::.,.=.:;::.-----· ) REFERENCE NO.:
ORAWN nv: VI.VI. CHECKED 0'1': N.s·-----·T !:CALE 1"' = IIOO' 73 _ 62 -21-20.3~2
:.-~ . ....-... , ________ .......---------.-
8:_ooM:NGTON ROAD
EIETWEE~l LOTS 70 AND 7 I , CO~~ESSIIJN
TO BY-LAW
V%?272\
,., '" ::-. 0
fJJ ~ " > 3 >-_,
q: "'
In
" .,
c
'"
···!
PLAN 'OF SUnDlVISION OF
PART OF LOTS 71 a
CONCESSION I
TOWN OF AURORA
REGIONAl.. MUNICIPALITY OF Y(
SCALE 1 I INCH : 400 FEET
N B-UlB$ 0 L.!.. 1913
. ' "' ' ~-
. '
/ ..
•
. ,
'
I
1:·
~) L /.\ N ~ . 0 H 0 1, 'J ll\J b
P!\HT OF LOT ~12, CONCFSSIOi\J
·I'"() w f.. I . () c f\ LJ I:J () 1) i\ ,,1, I ·, 1\vl\ro
nEGiOI\JJ~L MUrJICIP.~LITY OF YOFi!(
scfi~E I" • roo'
'' ·: ~ '.' .... (. .. . ;
'' ' .. ,. · ........ ~ . ,.
, ... · •• ~, '·II u (\