HomeMy WebLinkAboutBy-law 1229/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1229/81
Being a By-law to amend By-laws 2511, 2520
3036 and 3037 with respect to the creation
of non-conforming lots as a result of public
acquisitions.
WHEREAS the Council of the Corporation of the Town of Pickering
considers it desirable to deem otherwise lawful lots to be in
conformity with the applicable restricted area by-laws where
they would otherwise not be in conformity by virtue of an
acquisition by a public agency;
AND WHEREAS amendments to By-laws 2511, 2520, 3036 and 3037 are
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF- THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
A. By-law 2511
Section 5 of By-law 2511, as amended, is hereby further
amended by adding thereto the following section:
5.28 LOTS REDUCED BY PUBLIC ACQUISITION
(1) In this section, "Public Agency" shall mean:
(i) the Government of Canada, the Government of Ontario,
or any regional or local municipal corporation;
(ii) any ministry, department, commission, authority,
board or other agency established by the Government
of Canada, the Government of Ontario, or any
regional or local municipal corporation;
(iii) any agency, corporation, board or commission
providing a public utility including but not
necessarily limited to a telephone or telegraph
company or a supplier of natural gas or electricity;
and
(iv) any railway company.
(2) Notwithstanding any other provision of this by-law,
where the area of a lot has been reduced as a result
of an acquisition of part of the lot by a public agency
for the purpose of providing a public service, and
where such acquisition causes the lot as reduced not
to be in conformity with one or more restricted area
by-law requirements for the zone in which such lot is
located, then the lot as reduced shall be deemed to
conform with the said requirement or requirements,
providing:
(i) the dimensions and area of the lot were lawful
prior to the date of such public acquisition or
a previous public acquisition; and
continued...
Page 2
(ii) no change is made to the dimensions or area of
the lot as reduced subsequent to the date of
such public acquisition that would increase the
extent of such non-conformity, unless such change
is the result of a further public acquisition.
B. By-law 2520
Section 5 of By-law 2520, as amended, is hereby further
amended by adding thereto the following section:
5.28 LOTS REDUCED BY PUBLIC ACQUISITION
(1) In this section, "Public Agency" shall mean:
(i) the Government of Canada, the Government of Ontario,
or any regional or local municipal corporation;
(ii) any ministry, department, commission, authority,
board or other agency established by the Government
of Canada, the Government of Ontario, or any
regional or local municipal corporation;
(iii) any agency, corporation, board or commission
providing a public utility including but not
necessarily limited to a telephone or telegraph
company or a supplier of natural gas or electricity;
and
(iv) any railway company.
(2) Notwithstanding any other provision of this by-law,
where the area of a lot has been reduced as a result
of an acquisition of part of the lot by a public agency
for the purpose of providing a public service, and
where such acquisition causes the lot as reduced not
to be in conformity with one or more restricted area
by-law requirements for the zone in which such lot is
located, then the lot as reduced shall be deemed to
conform with the said requirement or requirements,
providing:
(i) the dimensions and area of the lot were lawful
prior to the date of such public acquisition or
a previous public acquisition; and
(ii) no change is made to the dimensions or area of
the lot as reduced subsequent to the date of
such public acquisition that would increase the
extent of such non-conformity, unless such change
is the result of a further public acquisition.
C. By-law 3036
Section 5 of By-law 3036, as amended, is hereby further
amended by adding thereto the following section:
5.27 LOTS REDUCED BY PUBLIC ACQUISITION
(1) In this section, "Public Agency" shall mean:
continued
Page 3
(i) the Government of Canada, the Government of Ontario,
or any regional or local municipal corporation;
(ii) any ministry, department, commission, authority,
board or other agency established by the Government
of Canada, the Government of Ontario, or any
regional or local municipal corporation;
(iii) any agency, corporation, board or commission
providing a public utility including but not
necessarily limited to a telephone or telegraph
company or a supplier of natural gas or electricity;
and
(iv) any railway company.
(2) Notwithstanding any other provision of this by-law,
where the area of a lot has been reduced as a result
of an acquisition of part of the lot by a public
agency for the purpose of providing a public service,
and where such acquisition causes the lot as reduced
not to be in conformity with one or more restricted
area by-law requirements for the zone in which such
lot is located, then the lot as reduced shall be
deemed to conform with the said requirement or
requirements, providing:
(i) the dimensions and area of the lot were lawful
prior to the date of such public acquisition or
a previous public acquisition; and
(ii) no change is made to the dimensions or area of
the lot as reduced subsequent to the date of such
public acquisition that would increase the extent
of such non-conformity, unless such change is the
result of a further public acquisition.
D. By-law 3037
Section 5 of By-law 3037, as amended, is hereby further
amended by adding thereto the following section:
5.26 LOTS REDUCED BY PUBLIC ACQUISITION
(1) In this section "Public Agency" shall mean:
(i) the Government of Canada, the Government of Ontario
or any regional or local municipal corporation;
(ii) any ministry, department, commission, authority,
board or other agency established by the Government
of Canada, the Government of Ontario, or any
regional or local municipal corporation;
(iii) any agency, corporation, board or commission
providing a public utility including but not
necessarily limited to a telephone or telegraph
company or a supplier of natural gas or electricity;
and
(iv) any railway company.
continued...
Page 4
(2) Notwithstanding any other provision of this by-law,
where the area of a lot has been reduced as a result
of an acquisition of part of the lot by a public agency
for the purpose of providing a public service, and
where such acquisition causes the lot as reduced not
to be in conformity with one or more restricted area
by-law requirements for the zone in which such lot is
located, then the lot as reduced shall be deemed to
conform with the said requirement or requirements,
providing:
(i) the dimensions and area of the lot were lawful
prior to the date of such public acquisition or
a previous public acquisition; and
(ii) no change is made to the dimensions or area of the
lot as reduced subsequent to the date of such
public acquisition that would increase the extent
of such non-conformity, unless such change is the
result of a further public acquisition.
EFFECTIVE DATE
No part of this by-law shall come into force without the
approval of the Ontario Municipal Board but subject to
such approval, the by-law shall take effect from the date
of passing hereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 2nd DAY OF February
L4_ e6 A_4XL
M-KY
TOWN OF
n- n 0t7 r
n; s' + IY?l•:?;D
1981.
CLERK/