BYLAW - Restricted Area By law - 19760307 - 209976BY-LAW NUMBER 2099-76
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 CERTAIN LANDS IN THAT PART OF THE TOWN OF
AURORA, FORMERLY IN THE TOWNSHIP OF KING
NOW THEREFORE THE CORPORATION OF THE TOWN 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 1r1as, immediately prior to January
1st, 1971, within the geographical limits of the former
Township of King and which is shown on Schedule "A" hereunto
annexed.
2. 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 requirements
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, whichever
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 1r1hich 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 d1r1elling unit and occupied
by only one family;
(f) "erect" shall mean the erection, building, enlargement,
construction or reconstruction of any structure, and
shall include removal and relocation and any physical
operation such as excavating, filling or draining.
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(g) "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;
(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. GENERAL PRO VIS IONS:
(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) 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.
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(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.
ZONES:
For the purposes of this By-Law the following zones are hereby
established:
.1 Residential Rural Estate First Density (RR2) Zone:
This zone shall comprise the following lands:
That part Block 21, Registered Plan 132, Conc.l, West of Yonge Street
in the Town of Aurora, formerly in the Township of King, being
19.5 acres more or less and shown designated in the dark line
on the draft plan annexed hereto as Schedule "A" •
• 1.1 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 •
• 1.2 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.) 2 Ac.
(b) Lot Frontage (min.) 150ft.
(c) Front Yard (min.) 50 ft.
(d) Rear Yard (min.) 75 ft.
(e) Side Yard (a) One Side
- 1 Storey 30 ft.
-1)1> Storeys or spli t,,..level 30 ft.
- 2 Storeys or more 30 ft. or )1> height
of main building
whichever is the
greater.
(b) Other Side 15 ft. minimum
(f) Floor Area (min.) 2,000 sq.ft.
(g) Lot Coverage (max.) 15%
(h) Height (max.) (main building) 35 ft.
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5.1.3. Exceptions:
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, 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 such lot would have
conformed to such lot frontage or lot depth requirements
except for such conveyance.
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 or 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. 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 for each offence,
exclusive of costs, and every such penalty shall be recoverable
under the Municipal Act and the Summary Convictions Act.
9. 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.
10. 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.
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READ A FIRST AND SECOND TIME THIS l day of r' -r , 1976.
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READ A THIRD TIME AND FINALLY PASSED THIS 7tl day of/{ ~L ' 1971·
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MAYOR · -
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TOWN OF AURORA
REGIONAL MUNICIPALITY OF YORK
FORMERLY TOWNSHIP OF KING
COUNTY OF YORK
PART OF BLOCK 21
REGISTERED PLAN 132
C. W LLOYD OL S.
SCALE t"= 100'
1915
TABLE OF AREA
LOT AREA
I 2At:ttS
2 !.BAtres
J I.JAt:tes
4 3JAtres
5 2.3Mres
6 2.0Aeres
7 2.8Acres
8 2.4A~:res
L..!_ f.4Acres
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THIS ll33SCHEDULE "A" BOUNDARY DATA
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LEGE NO
Proposed Dwelling .
-Otivewoys
Drainage Flo!' ! CLERK
Existing Owe/ling -LOT BOUNDARIES ., .,
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"Ull!m" Ontario
Ontario Municipal Board
R 771556
,, IN THE MATTE'1 OF Section 35 of
The Planning Act (n.s.o. 1970,
c. 349),
-and-
IN THE MATTE1l OF an application
· by The Corporation of the To"'n
of Aurora for approval of its
Restricted Area By-law 2099-76
BEFORE: ~ .Tuesday, the 6th day
~ of September, 1977
A,J,L, CHAPMAN, Q.C.,
Member
THE BOAT(]) Q}IDER.S that By-law 2099-76 is hereby approved.
ACTING SEC11F.TARY
. ENTERED
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