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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/