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BYLAW - Restricted Area By law - 19760517 - 207376" ' THE MUNICIPAL CORPORATION OF THE TOvffi OF AURORA BEING A RESTRICTED AREA BY~LAW TO REGULATE THE USE OF LAND AND TO PROHIBIT CERTAIN USES OF CERTAIN LANDS IN THAT PART OF THE TOWN OF AURORA 1 FORMERLY IN THE TOWNSHIP OF KING NOW THEREFORE THE CORPORATION OF THE TOM' OF AURORA ENACTS AS FOLLOWS: 1. AREA RESTRICTED: The lands restricted by this by-law shall comprise that part of the Town of Aurora which was, immediately prior to January lst, 1971, within the geographical limits of the former Township of King and which is shown on Schedule "A" hereunto annexed. ~· USES RESTRICTED: 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, vrhich 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) ''build~ng 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; '•, (g) (h) -2 - ''floor area, ground'' shall mean the area of the building measured to the outside walls, excluding, in the case of dwelling, any private garage, porch or veranda; "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. GENERAL PROVISIONS: Cal 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) Licenses, 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. ·-·,_, 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 , abutts 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 lot 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 thirty-five (35') feet maximum. 5. ZONES: 5.1 ) / 5 .1.1 5.1. 2 For the purposes of this by-law the following zones are hereby established: Residential Rural Estate First Density (RR2) Zone: This zone shall comprise the following lands: Those parts of Lot 72, Concession 1, West of Yonge Street, in the Town of Aurora, formerly in the Township of King, being 100.83 acres more or less and shown designated "RR2" on the plan annexed hereto as Schedule "A". Permitted Uses: 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) Lot Area (min,) (b) Lot Frontage (min.) (c) Front Yard (Min.) (d) Rear Yard (min.) (e) Side Yards Both Sides -1 Storey -ll.o 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 Cover age (max. ) - 4 - (h) Height (max.) (main building) 2,000 sq. ft. 15% 35 ft. 5.1.3 Exceptions: Notwithstanding these zone requirements, in the case oL 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, or any lot in accordance with the attached Schedule "A", the Draft Plan. 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 s,uch lot would have conformed to such lot frontage or lot depth requirements except for such conveyance. ~ 5.2 Open Space (0) Zone: The following lands are hereby designated and zoned Open Space (O) : Those parts of Lot 72, Concession l, West of Yonge Street, in the Town of Aurora, formerly in the Township of King and shown designated "O" on the plan annexed hereto as Schedule "A". 5.2.1 Uses Permitted: Open space uses. 5.2.2 Definition: For the purposes of this by-law, Open Space uses shall in- clude 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 purposes . 5i"Lie, Areha 1 'f1u.ed:rian Cenfne, """J Y:::,·.IJ., c:v-,_,._..M......f 5. J 6. HAZARD LANDS: 7. 8. 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 or satisfactory waterworks, sewage or drainage facilities is prohibitive. PITS AND QUARRIES: The making and establishing of pits and quarries within aJc'l the lands covered by this by~law is hereby prohibited. 1 PENALTY: Any person convicted of a breach of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting judge, a penalty not exceeding the sum of $300.00 ' . '. ·, .. -5 - for each 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. 11. REPEAL: By-law 986 and amendments thereto of the Township of King, as adopted by the Town of Aurora, are hereby repealed in respect of, the lands shown in Schedule "A", such a repeal to come into effect upon the date of passing of this by-law. READ A FIRST TIME THIS Jc/' day of Af'RIL-' 1976. ~iF!! . ····· ·:-·····~ .......... . . ..... f£.a.~ ..... . MAYOR(Ac-r!lv«>) CLERK ' READ A SECOND TIME THIS 20th day of April ' 1976. CLERK READ A THIRD TIME AND FINALLY PASSED THIS 17th day of May ' 1976. (;!. ~-~ ....... :~q. ~ . ' ............. . MAYOR ':""'.':"":'~ LOT ~~ [Q)~~[Fif' ~[Nj ©ffil ~[Q) ~'¥'~D©:U\!J IQlF ~ IQlF lb©lll ~ =li\H(<;;~if>H TI ~~ CQJ~ VCQJINJ@i!§ ~-1§11 ~ ©JIF -~~~ ~~ Ml!,ll!Rll[KQ]~bG'll"lt' ©lF ~~ 73 f/) 8 :'/1 i 'I r--:~-:z. \_ .AY~ LOT 71 This ~~~~-law 20f~..!l~,, Cierk: - i . ' l 1 @ .. L 1--c/-~ 1--~ ~~ ' AOOITIOH/11. '"RlR~ATOON RCOUIACO UNDeR 3~<:'110N "'" <W THE PC-lNG ACT IR.S.O. 1370 OK !49) "' ~" .. ••K~~--·~-•-=u•~-. "'-•~mKO,Oum, '":;",!.~-··-n~-~ ....... -..... ~ ',...,_,.:_,~mKO f §lL~£~.~.~=--... ~ g~ mo~ OMO OOO~K SlJRV0\'0R'3 CERnFl<;ATE '~~~ .. ···-· .. ·-~~-~~~~~-~~· ~·~.,~•--m~~-'"'~"'"''"'...,"- •. /~<?""~ ELDERBERRY HILLS DRAFT PLAN OF ~ ' . i! r r I I I ' [. I ! I I I I ! " l I i: I l I ! ! I ! ~: r r ·~~ I