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BYLAW - Restricted Area By law - 19760907 - 209876.-- BY-LAW NUMBER.~o. 2098 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 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 which shall include at least one room and separate kitchen conveniences, with .. ,_- - 2 - 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, enlargement, construction or reconstruction of any structure, and shall include removal and relocation and any physical operation such as excavating, filling or draining; (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 abuts 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; ( It) "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 mun,icipality 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; /'''•. I \~_,,, .... (n) 3 "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 lengthof 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 obligation to obtain any license, permit, authority, or approval which may be otherwise lawfully required. ·(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 Sep- arate 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 lot or parcel of land shall not cover more than thirty-three per cent (33%) of the area of the said lot or parcel. :; \ . l I -4 - (g) Height of Building --buildings shall not exceed ninety (90') feet maximum. 5. ZONES: For the purposes of this by-law the followi~g zones are hereby established: 5.1 Rural (R) Zone: 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, Cannery, Winery, Cold Storage, Dog Kennel, Feed Lot, Piggery or other agricultural uses which would be incompatible with nearby residential uses. 5.1.3.Residential Uses in Rural Zones: 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: Minimum lot area Minimum lot frontage on a public highway Minimum setback from centre line of original allowance for road: Roads under the jurisdiction of the Regional Municipality of York Roads under the jurisdiction of the Town of Aurora Minimum rear yard Other Standards: 25 acres 600 feet 110 feet 100 feet 75 feet 5.2 5 Minimum side yards Minimum ground floor area for a 1-storey dwelling Minimum ground floor area, more than 1-storey Maximum dwelling height Residential Rural Estate First Density (RR2) Zone: This zone shall comprise the following lands: 30 feet 1,500 sq.feet 900 sq. feet 35 feet (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 Town, 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 Town of Aurora, formerly in the Township of Whitchurch, shown on Schedule "C" hereunto annexed. (4) All those parts of Lot 71, Concession 1 of the said town formerly in the Township of Whitchurch, appropriately marked on Schedule "D", hereunto annexed. 5.2.1 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. 5.2.2 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 ( ll)in.) (b) Lot Frontage (min.) (c) Front Yard (min.) (d) Rear Yard (min.) (e) Side Yards (a) One Side - 1 Storey -1~ Storeys or split level - 2 Storeys or more (b) Other Side (f) Floor Area (min.) (g) Lot Coverage (max.) (h) Height (max.) (main building) 2 Ac. 150 ft. 50 ft. 75 ft. 30 ft. 30 ft. 30 ft. or ~ height of main building whichever is the greater 15 ft. minimum 2,000 sq. ft. 15% 35 ft. '' \, 6 5.2.3 Exceptions: Notwithstanding these zone requirements, in the case of a registered plan of subdivision the minimum lot area requirements 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. Notwithstanding these zone requirements in the case of those lands shown on Schedule "D" to this by-law, the requirements for such lands shall be those endorsed on Schedule "D". 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 -P·ublic 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 7. Pits and Quarries: The making and establishing of pits and quarries within all the lands covered by this by-law is hereby prohibited. B. 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. 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 (k) and (1) of this paragraph have been approved. Council may require t~at 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 performance of the obligations of 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 Improve- ment 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 drive- Wff:YS, (d) Walkways and all other means of pedestrian access. (e) Removal of snow from access ramps, driveways, parking areas and walkways. (f) Grading or change in elevation or contour of the land and the disposal of storm, surface and waste water from the land and any buildings or structures thereon. (g) Conveyance to the municipality, without cost of easements required for the construction, 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 protection to adjoining lands. 8.3 8 (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 material at the charge and expense of the owner. (k) 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. 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 $300.00 for each offence, exclusive of costs, and every such penalty shall be recoveraple under the Munici- pal Act and the Summary Convictions Act. 10. Validity: No part of this by-law shall come into force without Ontario Munici- pal Board approval, but subject to such approval, the by-law shall take effect from the day of the passing thereof. 11. Repeal By-laws 1916-71, 1953-72, 1998-73 and 2000-73 and amendments thereto of the Town of Aurora are hereby repealed, such a repeal to come into effect upon the date of passing of this by-law. ,. ('\ i : \,,,,, ... ) - 9 - READ A FIRST TIME THIS 7th day of September 1976 • r'~9n~ ~.--....: ... c:;?. • . . • • . •. . ........•.. MAYOR ........ /(~;(;?~ CLERK ~ READ A SECOND TIME THIS 7thday of September 1976 . ·:ii~;o.~: ~~~ X';':". CoR ..... a: ..... CLERK READ A THIRD TIME AND FINALLY PASSED THIS ?th day of SeptErtl=r 1976 c; ~r.7 0 ...... ~ .... ~.~~ MAYOR CLERK- . . .. ·-.... . . . .. -.. -.· ·. L. • ... ·. -~·. .. :-. I i ; . . :·-re£ulations: . fo!lowmg · "th the · \"I\ ... :~ "' ;-; !~ ·~ .. ., ..... ·-1 I I I I I <-~ 0 > • :-:i "· ' 111 • 0 ;u -. -:, r 0 -< -~ r d 2·" 0 -I ::E .z (f) 0 ~ :r: -n '"U ~I .. ~~ I ! I - ! l I i I . . I •• "'; o· "' . ~~; "'' .. ., ' , c • . . ~~--~7'""---"~~-\..:.;;,..,_.:.,;_'e=_~. ----____ ..:._:___:_: __ . ..:,_;~---y"-·~· -· ~~~w~ ""''"'~---'..-~-----~-:::.:::.. ~ ~ • ' ISS ~ ~N·~· ... z ! . ~ n -... • r ~ ~ -- 0 - I • oJ··· .. l ~•$',j • -·1 f . • • .. ·. j I I .. ' .. •. ·:-:-· .. ~- --_.. .. ~__,__- ... PAlE: OCTO:ti'.fl I·) L. P, PJ · ~ H U ~ 'J I i'J l.i 0 /-\ IJ.:,)·I-0 f'" I o··~ ~72 c ()'•] (' r-("• (' I (1 • I ,-,-.. I , .. l' I!::.,),) I l' . T 0 \.V l\J · 0 F 1\ U Fi 0 I"? /\ n E G i 0 (.J f\ L L:l U rl I C I P !-\ L IT Y 0 F Y 0 n l ( SCI\LE .. . I • 100 . . ·. .. .. ' ,·,, (. ~ . .. . . ' . .. ,. . . . ...... ~ . . . .... .... , . ,, .. ,, i I I I I I l l i !.!.!!.. j ~)_ <n '~ --... '" ""~ i ,, "- " I (~ ;~ --VJ \; j{J C·; ·o/:X-i; * ·k·k * * '),!1*11;,'.;..!J'k.'·J/•'t' * * * * * * * * * * * * * ~~************* ************* z~************* **~********** " 'Tictoo• -580.80' T 580.80' H7z·~·s~r . ~ SL.OOMINGTON-ROAD ALLIJWM/Ct: OET'/.'EEN .t.OTS 70 AND 71 , J',CfJwt7;p"'§~i~~~ ). D. DAR/'JES LllvilTrD, Surveyors _:J ·_.:.:J 1.,1tf-.-. ---. CuJJ~IrJJ, ~to_<.h:i!c.' Ph._uto~:rJmmtltiC " 'tJ{j · Hid &n~lp··-· "'" _5~rHy; !__:~~:. . . • IU~Dhlll :. ~--· ./ OTTAWA -.. -_ _;\; l -~ . I '<:·:-~'-, ""'""JCP/0.1 I '-.,_ . I l'hl.\~ ' L~N nv1 w._~ J. CfllCKto UY1 1:.o _ t;C~-~-~--~-~·-~:-~~-~------?~G2-21-2?~. I ---~-~--------------~-· D II TO 625.00' • CO!>!Ci::SS l')N . I • l PART OF LOTS 71 c, 72 GONG ESS I ON l TOWN OF AURORA REGIONAL MUNiCIPALITY OF YORK SCALI: I I INCH 1 <10~ rU:T ll IIADU 0 L S lt7l. REQUTREHENTS: (a) Not mo're than one single Family detached dwelling . shall be erected on each lot as shown on this schedule. -· (b) Minimum front, side, and " n ~ rear yards -40 feet ~- " ~ 2 " Vo '" " 3J " ;; w " ,.. '" " ~ w ~ ~ w ~ --~ > ~ j ~ ~ c ~- :l (c) (d) (e) Minimum floor area 2000~ Maximum lot coverage 15% l1aximum height of main I building 35 feet. j· ' [:· ·.) I ,.~ li l j l j ' .J ::i ·i ' '.