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BYLAW - Amend 2142 77 - 19780501 - 218778BY-LAW NUMBER 2187-78 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA BEING A BY-LAW TO AMEND BY-LAW NUMBER 2142-77 A RESTRICTED AREA (ZONING) BY-LAW Whereas it is deemed advisable to amend By-law 2142-77. NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: 1. That a new paragraph be added to Section 5.1.3(2) of By-law 2142-77 to provide as follows: "Notwithstanding the provisions of Section 5.1.3(2) respecting minimum lot area, minimum lot frontage on a public highway and minimum side yard, a lot legally existing on the date of passing of this By-law may be used for the erection of a single family dwelling and buildings accessory thereto provided that all buildings or structures are located not less than 10 feet from the side lot lines." 2. No part of this By-law will come into force without the Ontario Municipal Board approval, but subject to such approval, the By-law will take effect from the day of passing thereof. READ A FIRST TIME .T!l.IS .. .1.7..1-!.. DAY OF ... ~ ...... 19 !.~ . ... fLr9~ . M.~~: MAYOR CLER:~~· READ A SECOND TIME THIS ... /.?1?.DAY OF ...... ~ ... l9~: ...... ~.0~ .. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THISMDAY OF ...... 19;f. ...... 4.9.~ .. MAYOR CLERK ' ' EXPLANATORY NOTE RE: BY-LAW NUMBER 2187-78 This By-law proposes to amend By-law Number 2142-77, the Zoning By-law as it applies to approximately 20 existing, legal lots located randomly in the area of the Town of Aurora which was formerly the Township of Whitchurch to permit these lots to be used for residential purposes and also to reduce the side yard requirement from 30 feet to 10 feet on such lots. The rural zone which effects these lands requires a minimum lot size of 25 acres for a residential use. This By-law would grant an exception to the zone requirements to permit the erection of a single family dwelling and accessory buildings on the existing lots of record. • BEFORE: A.L. MaCRAE Vice-Chairman -and- A.B. BALL Member ~ R 781562 ~lmllllll,. Ontario Ontario Municipal Board IN THE MATTER OF Section 35 of The Planning Act (R.s.o. 1970, Co 34§) t -and - IN THE MATTER OF an application by The Corporation of the Town of Aurora for apFOVal of its Restricted Area By-law 2187-78 ) ) ) ) ) ) ) Thursday, the 17th day of August, 1978 No objections to approval having been received as requiredJ THE BOARD ORDERS that By-law 2187-78 is hereby approved. ENTERED o. B. No ••• R.Z'it..H ........ . Folio No. .... t..~ ............... . AUG 2 1 1978 ' ' ... AMENDMENT NO • 4 TO THE OFFICIAL PLAN FOR THE . AURORA 'PDANNING AREA ·-I .. \.. PART I AMENDMENT NO. Lj- TO THE OFFICIAL PLAN OF THE AURORA PLANNING AREA -CONTENTS OF THIS DOCUMENT - THE CERTIFICATION -''The enacting portion attesting the official status of the document." PART II THE PREAMBLE -"A summary of the background and basis of the Amendment." PART III THE AMENDMENT -''The changes to be effected in the original Official Plan." Amendment No.4 to the Official Plan for the Aurora Planning Area This amendment to the Official Plan for the Aurora Planning Area, which has been adopted by the Council of the corporation of the Town of Aurora, is hereby modified under section 17 of The Planning Act as follows: 1. In Part III, Section 2, "Administration and Implementation" is hereby modified by the addition of section 2.5 which reads as follows: "2.5 Prior to the third and final reading of the by-law, the draft by-law shall be forwarded to the Regional Municipality of York for consideration and comment to the Town of Aurora." As thus modified, this amendment is hereby approved under section 17 of The Planning Act, as Amendment No.4 to the Official Plan for Date ~f:.Z:-1?./.~~~~== : M. FARROW, Executive Director Plans Administration Division Ministry of Housing ··: l. 2. 3. AMENDMENT NO .. 'f TO THE OFFICIAL PLAN OF THE AURORA PLANNING AREA PART II: THE PREAMBLE TITLE AND COMPONENTS The Amendment when approved by the Minister of Housing shall be known as Amendment No. 4. to the Official Plan of the Aurora Planning Area. Part III of this document constitutes Amendment No.~ to the Official Plan of the Aurora Planning Area. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to add to the Offic- ial Plan a policy to conserve and rehabilitate the existing and future residential and non-residential property in order to ensure an efficient and pleasant living environment for the Town's residents. In addi- tion, the enactment of a Property Maintenance and Occupancy Standards By-law which will implement this Amendment will make the Town eligible to participate in several rehabilitation pr 0 grams which would be j oint.ly funded by the Federal, Provincial and Munici- pal governments. BASIS OF THE AMENDMENT In order to determine the physical state of buildings in the Municipality, a survey of Residential Buildings was carried out and discussions among Town Officials concerned with health and safety standards were held. Both methods revealed that the Town, as a whole, is well maintained and provides good living conditions for ·its residents. From time to time complaints con- cerning hazardous or unhealthy situations are received which is the major reason the Town wishes to enact a Property Maintenance and Occupancy Standards By-law. A. Residential Appearance A windshield survey was carried out in the fall of 1976 of all Residential Buildings within the Town. These were classified according to the structural and maintenance conditions as follows: .,_. Good - 3 - Dwelling size and design good; building requires none or only minor repairs, maintenance is ex- cellent and recent. Satisfactory Building is structurally sound and fit for use but due to age or lack of maintenance requires re- pairs, painting, etc. Poor Major repairs required; mainten~ ance is totally lacking. Of a total of approximately 4,300 dwelling units approximately 50 were designated as satisfactory and 5 were designated poor. The remainder were considered to be in good condition. B. General Maintenance Standards A meeting was held among the various Town Offic- ials presently involved with enforcing health and safety standards. Present were the Town's Fire Chief, the Building Inspector and the Health Inspector responsible for the general area. Generally all persons in attendance agreed that Aurora has very few problems with respect to health and building standards or fire hazards. Each noted that they received complaints from time to time which usually represented an isolat- ed situation. The problems most frequently experienced are as follows, but not in any particular order of. gra- vity: i) Conversions of Single Family Dwellings to Multiple Family Dwellings This is often done without the required per- mits or subsequent inspections. Problems exist with overtaxing of electrical systems, improper sanitary facilities, and heating facilities which cannot properly meet in- creased demands. ii) Absentee Landlords There are a few isolated cases where extre- mely substandard living conditions exist and these are a source of complaints to all -4-- departments. Most frequently these concern poor water conditions, frozen pipes, inade- quate and unsafe heating facilities, inade- quate living space. These are normally occupied by people on fixed, or limited in- comes and for whom no other form of housing is available. iii) Vacant Houses on Property Vacant houses have from time to time been a problem however, no one could cite a parti- cular case at this time. Vacant land has been a fairly continuous problem for the fire department because of grass fires. The cost of fighting these fires is also one which the Town would like to eliminate. There are also a few cases where dumping of garbage, etc., on vacant land has been a problem. iv) Junk in Yards Here again this is an infrequently occurring problem which has been experienced from time to time. Some commercial and industrial pro- perties have been offenders here, although, normally the owners have acted on the requ- ests of the enforcement officers and/or Council to rectify the situation. Improper- ly contained garbage, particularly where food is sold or prepared has caused occas- sional difficulties. This aspect is particularly important since such refuse attracts vermin of various types. Pet droppings have also been the source of complaint from time to time due to odour, unsightliness, etc. C. Occupancy Standards Statistics from Census Canada, 1971, indicate that high housing standards exist through the Town. About 77% of the dwelling units are owner occupied. The average number of rooms per dwel- ling unit was 6.1 with owner occupied homes hav- ing an average of 6.4-. The average number of persons per household was 3.7, although there appears to be a trend to considerably smaller .---·-·--·-~-~·----~------·- . ,' - 5 - household sizes, perhaps low as 3.2. The average number of persons per room is .6 overall and .6 for owner occupied dwellings. This is very com- parable to the York Region and Ontario averages. According to the 1971 statistics a total of 15 dwelling units did not have .flush toilets. It is likely that this figure is lower now. Based on these indicator statistics, it would appear that standards of occupancy (based on 1971) are quite high within the Town. ' ,• l. l.l 1.2 2. 2.1 2. 2 AMENDMENT NO. t.j TO THE OFFICIAL PLAN OF THE AURORA PLANNING AREA PART III: THE AMENDMENT STATEMENTS OF PRINCIPLES AND POLICIES GOVERNING AMENDMENT NO. !j PURPOSE It is the policy of the Town of Aurora to encourage the development and maintenance of an efficient and pleasant environment for living, working and shopping and recreation. The quality of property within the community is generally high at present, and it is Council's intention to encourage the maintenance of this high standard. The Town of Aurora will endeavour to further support property maintenance and safe occupancy by: A. Utilizing available government programs where applicable to provide financial and administra- tive support such as The Neighbourhood Improve- ment Program and The Residential Rehabilitation Assistance Program. B. Undertaking an education and public relations program as needed to demonstrate the benefits of property maintenance. C. Maintaining municipally owned buildings, proper- ties and community facilities to a high standard and providing or maintaining in good repair such municipal services as roads, sidewalks, water and sewage facilities, etc. ADMINISTRATION AND IMPLEMENTATION The policies outlined in Part III will be administered and implemented in the following ways. A Property Standards By-law will be enacted pursuant to Section 36(3) of The Planning Act setting forth minimum standards of maintenance and occupancy of all properties within the Town. A Property Standards Committee shall be appointed and ' ., ... ' ," 2. 3 2. 4 . ' - 7 - a Property Standards Officer shall be named. The lat- ter shall be assigned the responsibility of administ- ering a standards of maintenance and occupancy by-law passed pursuant to Section 36 of The Planning Act. Information concerning substandard housing conditions, overuse of existing buildings, neglected yards, courts and vacant lands will be collected by inspectors and other personnel of the Municipal Departments, includ- ing the Fire Department, Building Department and other agencies. It is intended that a close liaison will be maintained between the Property Standards Committee and Property Standards Officer and the aforementioned Departments to ensure that the administration of the By-law is accomplished effectively. Existing Zoning By-laws and Health Standards and the Building Code will be consistently enforced to ensure that new development meets existing standards. Without limiting the applicability of the By-law, it will have regard for, and will prescribe appropriate standards for the following matters and any others that may be considered necessary: A. Maintenance of yards, vacant lands, parks and accessory buildings including sewage and drainage, safe passage and garbage disposal . B. Maintenance of all buildings and structures, in- cluding walls, floors and ceilings; doors, win- dows and roofs; foundations and insulation access; heating, lighting, plumbing and electri- cal systems; general sanitation including pest prevention. C. Establishment of occupancy standards including kitchen and bathroom facilities; heat, light, ventilation; maximum number per dwelling unit; size, dimensions of floor space of habitable rooms; fire protection standards.