HomeMy WebLinkAboutBy-law 7982/23
The Corporation of the City of Pickering
By-law No. 7982/23
Being a By-law to amend Restricted Area (Zoning) By-law
3037, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham, Part of Lot 18, Concession 3,
City of Pickering (A 13/21)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 18, Concession 3, in the City of Pickering
to permit a mixed-use development;
And whereas an amendment to Zoning By-law 3037, as amended by By-law 2049/85
and By-law 6577/05, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules I and II to this By-law with notations and references shown thereon
are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall apply to those lands being Part of Lot 18,
Concession 3, in the City of Pickering, designated “MU-34” and “NHS” on
Schedule I to this By-law.
3. General Provisions
No building, structure, land or part thereof shall hereafter be used, occupied,
erected, moved or structurally altered except in conformity with the provisions of
this By-law.
4. Definitions
In this By-law,
(1) “Amenity Space” means the total passive or active recreational area
provided on a lot for the personal, shared or communal use of the
residents of a building or buildings, and includes balconies, patios,
rooftop gardens and other similar features, but does not include indoor
laundry or locker facilities.
(2) “Art Gallery/Studio” means a premises used for the creation, exhibition,
collection and/or preservation of works of art for public viewing and sale
and may include educational classes.
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(3) “Balcony” means an attached covered or uncovered platform projecting
from the face of an exterior wall, including above a porch, which is only
directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior access to grade.
(4) “Block” means all land fronting on one side of a street between the nearest
streets, intersecting, meeting or crossing said street.
(5) “Build-to-Zone” shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located.
(6) “Building” means a structure occupying an area greater than 10 square
metres and consisting of any combination of walls, roof and floor but shall
not include a mobile home.
(7) “Building, Main” means a building in which is carried on the principal
purpose for which the lot is used.
(8) “Building, Mixed Use” means a building containing residential uses and at
least one non-residential use permitted by this By-law.
(9) “Commercial Use” means any permitted use the primary purpose of which
is to sell, lease or rent a product of service directly to the public, including
but not limited to retail sales, entertainment services and personal or
professional services, but shall exclude residential uses.
(10) “Commercial Fitness/Recreational Centre” means a commercial
establishment that has been designed for conduct of sport, athletic and
leisure activities such as squash courts, swimming pools, exercise classes
and other similar indoor recreational facilities are provided and operated
for gain or profit.
(11) “Community Centre” means a multi-purpose facility that offers a variety of
programs or a recreational, cultural, day care, social, community service,
informational or instructional in nature.
(12) “Day Care Centre” means:
i) indoor and outdoor premises where more than five children are
provided with temporary care and/or guidance for a continuous
period but does not provide overnight accommodation and are
licensed in accordance with the applicable Provincial Act; or
ii) indoor and outdoor premises in which care is offered or supplied on a
regular schedule to adults for a portion of a day but does not provide
overnight accommodation.
By-law No. 7982/23 Page 3
(13) “Development Agreement” means an executed contract between a
developer/property owner and the City of Pickering that is required in
order to implement development and may include a subdivision
agreement, site plan agreement, or other similar agreements for
development.
(14) “Dwelling” includes:
a) “Apartment Dwelling” means a residential use building containing four
or more principal dwelling units where the units are connected by a
common corridor or vestibule, other than a townhouse dwelling or
stacked dwelling.
b) “Dwelling Unit” means a residential unit that:
i) consists of a self-contained set of rooms located in a building or
structure;
ii) is used or intended for use as a residential premises;
iii) contains kitchen and bathroom facilities that are intended for the
use of the unit only; and
iv) is not a mobile home or any vehicle.
(15) “Existing” means existing as of the date of the enactment of the provision
that contains that word.
(16) “Financial Institution” means a building or portions of a building used for
the purposes of administering or providing financial services to the public,
other than exclusively through an automated banking machine.
(17) “Floor Area” means the total area of all floors of a building within the
outside walls.
(18) “Floor Area, Net” means the total area of all floors of a building measured
from the interior faces of the exterior walls or demising walls, but does not
include the following areas:
(a) Motor vehicle parking and bicycle parking below established grade;
(b) Motor vehicle parking and bicycle parking at or above established
grade;
(c) Loading spaces and related corridors used for loading purposes;
(d) Rooms for storage, storage lockers, washrooms, electrical, utility,
mechanical and ventilation;
(e) Indoor amenity space required by this By-law;
(f) Elevator, garbage and ventilating shafts;
(g) Mechanical penthouse; and
(h) Stairwells in the building.
(19) “Floor Space Index” means the total net floor area of all buildings on a lot
divided by the total area of the lot.
By-law No. 7982/23 Page 4
(20) “Food Store” means a premises that sells food and other non-food items,
primarily on a self-service basis.
(21) “Grade” or “Established Grade” means the average elevation of the
finished level of the ground adjoining all exterior walls of a building.
(22) “Gross Floor Area” means the total area of each floor whether located
above, at or below grade, measured between the exterior faces of the
exterior walls of the building at each floor level but excluding any porch,
veranda, cellar, mechanical room or penthouse, or areas dedicated to
parking within the building. For the purposes of this definition, the walls of
an inner court shall be deemed to be exterior walls.
(23) “Gross Leasable Floor Area” means the total floor area designed for
tenant occupancy and exclusive use, including basements, mezzanines
and upper floor areas if any; expressed in square metres and measured
from the centre line of joint partitions and from outside wall faces.
(24) “Ground Floor” means the floor of a building at or first above grade.
(25) “Ground Floor Area” means the gross floor area only on the ground floor.
(26) “Height” means the vertical distance between the established grade, and
in the case of a flat roof, the highest point of the roof surface or parapet
wall, or in the case of a mansard roof the deck line, or in the case of a
gabled, hip or gambrel roof, the mean height level between eaves and
ridge. When the regulation establishes height in storeys, means the
number of storeys. The height requirements of this By-law shall not apply
to roof top mechanical penthouses.
(27) “Landscaped Area” means an outdoor area on a lot comprising trees,
plants, decorative stonework, retaining walls, walkways, or other
landscape or architectural elements, excluding aisles and areas for
loading, parking or storing of vehicles.
(28) “Lane” means a thoroughfare not intended for general traffic circulation
that provides means of vehicular access to the rear of a lot where the lot
also fronts or flanks onto a street, or where a lot fronts onto public or
private open space. The lane may be maintained by a condominium
corporation as a private road condominium or by a government authority.
(29) “Loading Space” means an unobstructed area of land which is provided
and maintained upon the same lot or lots upon which the principal use is
located and which area is provided for the temporary parking of one
commercial motor vehicle while merchandise or materials are being
loaded or unloaded from such vehicles.
(30) “Lot” means a parcel of land fronting on a street, whether or not occupied
by a building or structure.
By-law No. 7982/23 Page 5
(31) “Lot Area” means the total horizontal area of a lot.
(32) “Lot Line” means a line delineating any boundary of a lot.
(33) “Main Wall” means a primary exterior front, rear or side wall of a building,
not including permitted projections.
(34) “Office” means a building or part thereof, where administrative and clerical
functions are carried out in the management of a business, profession,
organization or public administration but shall not include a medical office.
(35) “Office, Medical” means a premises designed and used for the diagnosis,
examination, and medical, surgical or physiotherapeutic treatment of
human patients, and which may include pharmacies and dispensaries,
waiting rooms, treatment rooms and blood testing clinics, but shall not
include overnight accommodation for in-patient care.
(36) “Park, Private” means an area of land not under the jurisdiction of a public
authority that is designed or maintained for active or passive recreational
purposes.
(37) “Park, Public” means an area of land under the jurisdiction of a public
authority that is designed or maintained for active or passive recreational
purposes and other uses authorized through an agreement with the City.
(38) “Parking Area” means one or more parking spaces, including related
aisles, for the parking or storage of vehicles.
(39) “Parking Garage” means a building, or part thereof, used for the parking of
vehicles and may include any permitted use in the first storey, but shall not
include any area where vehicles for sale or repair are kept or stored. A
parking garage includes underground parking and a parking structure.
(40) “Parking Lot” means a lot or portion thereof provided for the parking of
motor vehicles accessory or incidental to the main use.
(41) “Parking Space” means an unobstructed area of land that is accessible by
an aisle, having access to a street or lane that is reserved for the purpose
of the temporary parking or storage of one motor vehicle.
(42) “Parking Space, Bicycle” means an area used exclusively for parking or
storing a bicycle.
(43) “Parking Structure” means a building or portion thereof, containing one or
more parking spaces.
(44) “Patio” means an outdoor area where seating accommodation can be
provided and/or where meals or refreshments are served to the public for
consumption.
By-law No. 7982/23 Page 6
(45) “Personal Service Shop” means a premises used to provide personal
grooming services or for the cleaning or care of apparel.
(46) “Place of Amusement” means a premises which are devoted to the
offering of facilities for the playing of any game for the amusement of the
public such as a billiard or pool rooms, bowling alleys, electronic games,
indoor playground, miniature golf courses or roller skating rinks.
(47) “Podium” means the base of a building, structure or part thereof located at
or above established grade that projects from the tower portion of the
building.
(48) “Porch” means a roofed deck or portico structure with direct access to the
ground that is attached to the exterior wall of a building.
(49) “Premises” means the whole or part of lands, buildings or structures, or
any combination of these.
(50) “Primary Entrance Door” means the principal entrance by which the public
enters or exits a building or individual retail/commercial unit or the resident
enters or exits a dwelling unit.
(51) “Restaurant” means a building or part of a building where the principal
business is the preparation of food and drinks for retail sale to the public
for immediate consumption on or off the premises, or both on and off the
premises but shall not include a night club.
(52) “Retail Store” means a premises in which goods and merchandise are
offered or kept for retail sale or rental to the public.
(53) “School, Commercial” means a building, or part thereof, where instruction
of a skill is provided for profit and may include instruction in a trade,
business, art, music, dance, cooking, athletic skill or any other specialized
instruction but does not include a commercial fitness/recreational centre or
a post-secondary school.
(54) “Setback” means the distance between a building and a lot line. In
calculating the setback the horizontal distance from the respective lot line
shall be used.
(55) “Storey” means that portion of a building other than a basement, cellar, or
attic, included between the surface of any floor, and the surface of the
floor, roof deck or ridge next above it.
(56) “Storey, First” means the storey with its floor closest to grade and having
its ceiling more than 1.8 metres above grade.
By-law No. 7982/23 Page 7
(57) “Street” means a public highway but does not include a lane or a King’s
Highway (Highway 401). Where a 0.3 metre reserve abuts a street, or
where a daylight triangle abuts a street, for the purposes of determining
setbacks the street shall be deemed to include the 0.3 metre reserve
and/or the daylight triangle, however, nothing herein shall be interpreted
as granting a public right of access over the 0.3 metre reserve or as an
assumption of the 0.3 metre reserve as a public highway for maintenance
purposes under the Municipal Act.
(58) “Street Line” means the dividing line between a lot and a street.
(59) “Street, Private” means:
a) a right-of-way or roadway that is used by vehicles and is maintained
by a condominium corporation;
b) a private road condominium, which provides access to individual
freehold lots;
c) a roadway maintained by a corporation to provide vehicular and
pedestrian access to parking lots and individual retail/commercial
units;
d) a private right-of-way over private property, that affords access to lots
abutting a private road; but is not maintained by a public body and is
not a lane.
(60) “Structure” means anything that is erected, built or constructed of parts
joined together with a fixed location on the ground, or attached to
something having a fixed location in or on the ground and shall include
buildings, walls or any sign, but does not include fences below six feet in
height or in ground swimming pools.
(61) “Temporary Sales Office” means a building, structure, facility or trailer on
the lot used for the purpose of the sale of dwelling units to be erected on
the lot.
(62) “Tower” means the storeys within that portion of a building or structure or
part thereof located above the podium.
(63) “Tower Floor Plate” means the average floor area of all storeys within that
portion of a building or structure or part thereof located above the podium,
measured to the exterior faces of exterior walls of each storey of a building
or structure.
(64) “Uncovered Platform” means an attached or freestanding structure not
covered by a roof, which is located on the same level as or lower than the
first storey of the building associated with the platform.
(65) “Veterinary Clinic” means a building or part of a building providing the
services of a veterinarian, and facilities for the medical treatment,
By-law No. 7982/23 Page 8
examination, surgery, diagnosis, grooming, general health care, and
observation of domestic animals and birds.
5. Permitted Uses and Zone Regulations (“MU-34” Zone)
(1) Permitted Uses (“MU-34” Zone)
No person shall within the lands zoned “MU-34” on Schedule I to this
By-law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
a) Apartment Dwelling
b) Commercial Fitness/Recreation Centre
c) Day Care Centre
d) Financial Institution
e) Food Store
f) Office
g) Office, Medical
h) Park, Private
i) Personal Service Shop
j) Retail Store
k) Restaurant
l) School, Commercial
m) Veterinary Clinic
(2) Zone Regulations (“MU-34” Zone)
No person shall, within the lands zoned “MU-34” on Schedule I to this
By-law, use any lot or erect, alter, or use any building or structure except
in accordance with the following provisions:
a) Floor Space Index (FSI) i) maximum – 2.5 FSI
b) Number of Dwelling Units i)
ii)
minimum – 81 units
maximum – 376 units
c) Building Height i) maximum building height – 60.0 metres
d) Podium Requirements i)
ii)
minimum height of podium – 10.5 metres
maximum height of podium – 22.0 metres
e) Building Setbacks i)
ii)
no building or part of a building or
structure above or below grade shall be
erected outside of the building envelope,
as shown on Schedule II to this By-law
no building or part of a building or
structure shall be erected within the
building envelope, unless a minimum of
By-law No. 7982/23 Page 9
iii)
60 percent of the length of the build-to-
zone, as shown on Schedule II to this
By-law, contains a building or part of a
building above grade
notwithstanding (2) e) i) above, a building
or part of a building or structure located at
or above grade, excluding a parking
structure, shall be setback a minimum of
21.0 metres from the north lot line
f) Tower Floor Plate i) maximum tower floor plate for a
residential building – 850 square metres,
which shall be measured to the exterior
faces of exterior walls of each storey of a
building or structure, but shall exclude
indoor amenity space located on the
rooftop of a podium
g) Building Separation i) minimum – 25.0 metres, which shall be
measured from the main wall of each
tower, but shall exclude balconies and
indoor amenity space located on the
rooftop of a podium
h) Main Wall Stepback i) minimum main wall stepback – 1.8 metres
from the main wall of a point tower and
the main wall of a podium on any building
face abutting a street line
i) Balcony Requirements i) minimum depth – 1.5 metres
j) Amenity Space
Requirements for
Apartment Dwellings
i)
ii)
minimum – 2.0 square metres of indoor
amenity space is required per apartment
dwelling unit
minimum – 2.0 square metres of outdoor
amenity space is required per apartment
dwelling unit (a minimum contiguous area
of 40.0 square metres must be provided
in a common location)
k) Landscaped Area i)
ii)
minimum – 20 percent of the land area
minimum 3.5 metre wide landscaped area
shall be required and permanently
maintained along the entire length of the
north lot line
By-law No. 7982/23 Page 10
iii) all parking spaces, drive aisles and
private roads shall be setback a minimum
of 6.0 metres from the north lot line
l) Non-Residential Uses i) minimum 735 square metres of gross
leasable floor area (GLFA) shall be
located on the first floor of a building
within the lands zoned as “MU-34” on
Schedule I to this By-law
(3) Permitted Encroachments
No part of the building envelope shall be obstructed except as follows:
i) Projections such as awnings, canopies, window sills, chimney
breasts, fireplaces, belt courses, cornices, pilasters, eaves, piers,
eave troughs, and other similar architectural features may be
permitted to project a maximum of 2.5 metres beyond the required
Building Setbacks, as outlined in Section (2) e) of this By-law.
ii) Any stairs, including to a porch or any associated landing, uncovered
platform, covered platform, and any unenclosed ramp for wheelchair
access may encroach beyond the required Building Setbacks, as
outlined in Section (2) e) of this By-law, no closer than 0.3 of a metre
from a lot line.
iii) A balcony, porch, uncovered platform or covered platform may
encroach beyond the required Building Setbacks, as outlined in
Section (2) e) of this By-law, to a maximum of 2.0 metres or half the
distance, whichever is less.
(4) Vehicular Parking Regulations:
a) Minimum Parking Requirements:
Residential Uses
Apartment Dwelling 1.25 spaces per dwelling unit and an additional
0.25 of a space per dwelling unit for visitors
Non-Residential Uses
Day Care Centre 3.5 spaces per 100 square metres of GLFA
Office 3.5 spaces per 100 square metres of GLFA
By-law No. 7982/23 Page 11
Non-Residential Uses
Financial Institution, Food
Store, Retail Store,
Commercial School,
Personal Service Shop,
Medical Office, Veterinary
Clinic and Restaurant less
than 465 square metres
of GLFA
4.5 spaces per 100 square metres of GLFA
Commercial Fitness/
Recreation Centre
5.0 spaces per 100 square metres of GLFA
Restaurant 5.0 spaces per 100 square metres of GLFA
b) Accessible Parking Requirements
To be provided on-site in accordance with the requirements of the
Traffic and Parking By-law 6604/05, as amended, or any successor
thereto.
c) Parking for Multiple Uses on One Lot:
A shared parking formula may be used for the calculation of required
parking for multiple uses on a lot.
Shared parking is to be calculated in compliance with Table 1 –
Shared Parking Formula.
All required parking spaces must be accessible to all uses
participating in the shared parking arrangement and may not be
reserved for specific users.
The initial step in determining required parking for multiple uses on a
lot is to calculate the parking requirement for each use in the
development as if these uses were free-standing buildings. The
parking requirement for each use is then multiplied by the percent of
the peak period for each time period (i.e. noon), contained in Table 1
– Shared Parking Formula. Each column is totaled for weekday and
weekend. The highest figure obtained from all time periods shall
become the required parking for the development.
Table 1 – Shared Parking Formula
Type of Use
Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution, Office,
Medical Office, Day Care
Centre
100 90 95 10
By-law No. 7982/23 Page 12
Type of Use
Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Food Store, Personal
Service Shop, Retail Store,
Commercial School,
Veterinary Clinic,
Commercial Fitness/
Recreation Centre
65 90 90 90
Restaurant 20 100 30 100
Residential – Visitor 20 20 60 100
Type of Use
Percentage of Peak Period (Weekend)
Morning Noon Afternoon Evening
Financial Institution, Office,
Medical Office, Day Care
Centre
10 10 10 0
Food Store, Personal
Service Shop, Retail Store,
Commercial School,
Veterinary Clinic,
Commercial Fitness/
Recreation Centre
80 100 100 70
Restaurant 20 100 50 100
Residential – Visitor 20 20 60 100
d) Parking Off-Site:
Required parking spaces for any non-resident use may be located on
another lot provided that the parking spaces are no further than
500 metres from the northerly and easterly limits of the subject lands
as identified on Schedule II to the By-law, and where a legal
easement or an agreement exists.
e) Surface Parking Spaces
i) All surface parking shall be located in the rear or interior side
yards of a building.
f) Parking Structures
i) Stairs associated with a parking structure are not permitted
between a street line and the main wall of a building.
ii) Air vents constructed in association with an underground
parking structure are permitted to project to a maximum of
1.2 metres above established grade no closer than 1.2 metres
to a street line.
By-law No. 7982/23 Page 13
(5) Bicycle Parking Space Requirements:
a) Bicycle parking spaces must be located on the same lot as the use or
building for which it is required.
b) Minimum number of bicycle parking spaces:
i) for apartment dwelling: 1.0 bicycle parking space per
dwelling unit;
ii) for non-residential uses: the greater of 2.0 or 1.0 bicycle parking
space for each 1,000 square metres of gross leasable floor area
or portion thereof.
c) A minimum of 75 percent of the total required bicycle parking spaces
must be located within:
i) a building or structure;
ii) a secure area such as a supervised parking lot or enclosure; or
iii) bicycle lockers.
d) Where bicycle parking spaces are provided in a common parking
area, each space must contain a parking rack that is securely
anchored to the ground and attached to a heavy base such as
concrete.
e) Dimensions:
i) if located in a horizontal position (on the ground): a minimum
length of 1.6 metres and a minimum width of 0.6 metres;
ii) if located in a vertical position (on the wall): a minimum length of
1.5 metres and a minimum width of 0.5 metres;
iii) if stacked: a minimum length of 1.5 metres and a minimum
width of 0.45 metres.
(6) Loading Standards
Where a loading space is provided, the following regulations apply:
a) the minimum dimensions of a loading space are 3.5 metres in width
and 12.0 metres in length, with a minimum vertical clearance of
4.2 metres;
b) a loading space shall abut the building for which the loading space is
provided;
c) an unenclosed loading space located above established grade shall
be set back a minimum of 10.0 metres from a street line;
d) an enclosed loading space located above established grade shall not
be located beyond the building envelope, as shown on Schedule II to
this By-law.
By-law No. 7982/23 Page 14
(7) Noise Attenuation
Notwithstanding Section 5.2 d) related to Podium Requirements,
structures for noise attenuation purposes may exceed the maximum
podium height of 22.0 metres.
(8) Inoperative Vehicles
The parking or storage of an inoperative vehicle is not permitted on any lot
unless it is entirely within a fully enclosed building or structure.
6. Permitted Uses and Zone Regulations (“(H)MU-34” Zone)
(1) Permitted Uses (“(H)MU-34” Zone)
Until such time as the (H) Holding Provision is lifted, the lands shall not be
used for any purposes other than the existing lawful uses, located on the
land or in existing buildings or structures, provided such uses continue in
the same manner and for the same purpose for which they were used on
the day this By-law was passed.
(2) Zone Regulations (“(H)MU-34” Zone)
The (H) Holding Provision shall, upon application by the landowner, be
removed from the “MU-34” Zone by City Council passing a By-law under
Section 34 of the Planning Act. The following condition shall first be
completed to the satisfaction of the City of Pickering:
a) That the Owner has made appropriate arrangements to become a
party to the Duffin Heights cost-sharing agreement or pay their
proportionate share of the development costs.
b) That the owner has satisfied all the requirements of the Regional
Municipality of Durham with respect to the provision of sewer and
water services, Regional roads, and entered into any necessary
agreements in this regard.
7. Permitted Uses and Zone Regulations (“NHS” Zone)
(1) Permitted Uses (“NHS” Zone)
No person shall, within the lands zoned “NHS” on Schedule I to this
By-law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
a) Conservation projects and floor erosion control projects
b) Resource management
(2) Zone Regulations (“NHS” Zone)
Notwithstanding any other provision of this By-law, any building, structure,
parking space, loading space or aisle located above or below established
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By-law No. 7982/23 Page 15
grade shall be setback a minimum of 10.0 metres from a Natural Heritage
System (“NHS”) Zone boundary.
8. Repeal of By-law
Upon this By-law being in force and effect, By-law 2049/85 is hereby repealed.
9. By-law 3037
By-law 3037, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I to this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3037.
10. Effective Date
That this By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 23rd day of January, 2023.
Original Signed By
Kevin Ashe, Mayor
Original Signed By
Susan Cassel, City Clerk
(H)MU-34
NHS
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Schedule I to By-Law 7982/23 Passed This 23rd Dayof January 2023
Original Signed By
Mayor
Original Signed ByClerk
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Building Envelope
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*Note: Map is not to scale.
2.5m
Schedule II to By-Law 7982/23Passed This 23rdDay of January, 2023
Original Signed By
Mayor
Original Signed ByClerk